Attachment 3 - Construction Agreements — Lake Elsinore City Council, October 28, 2025

AGREEMENT
FOR

CONSTRUCTION OF IMPROVEMENTS
WHEREAS, the undersigned W. Fairway Associates, L.P.
whose business address is 3090 Pullman Street Costa Mesa, CA 92626 herein referred to as "Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as PM 38341 which map was prepared by SWS Engineering Inc. and,
WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions, subdivisions, and the like, hereinafter collectively referred to as "said ordinance", and,
WHEREAS, Subdivider desires to enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance;
NOW, THEREFORE, in consideration of the approval of said Final Map by the City, and as a condition of such approval, the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance, which work and improvements, without limitation by enumeration, consists of: off-site street improvements on ENG-2025-00261 The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto, which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent (10%) of the original estimated cost of the improvements, then the consent of the surety shall be obtained, and absent such consent, the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided, further, in no event shall such https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement. doc
1 change result in exonerating the surety's obligations. Such work shall be completed and improvements made within one year from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement, the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City.

The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills (e.g., grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement, in order that said improvements will not be endangered by improper drainage or other hazards.

The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers, and removal of debris from sewers and storm drains; said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider's responsibility to initiate this work but if he should fail to do so, he shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake Elsinore.

Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph, existing or occurring or arising out of any act or omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc
The Subdivider shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten percent (10%) of the face amount thereof or $300.00, whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore.

If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein, or fail to comply with any other obligation contained herein, they shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law.

It is further understood and agreed that upon default of any obligation hereunder, and at any time after any such default, the City may make written demand upon the Subdivider and surety to immediately remedy the default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty (120) days after the making of such demand (or such other time as may be contained in said demand), the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgement of the City may be required, all at the full expense and obligation of the Subdivider and surety and all without the necessity of giving any further notice to the Subdivider or surety before the City performs or arranges for performance of any remaining work or improvements, and whether or not the Subdivider or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed.

It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced.

The Subdivider shall provide security in the amount of
Three Hundred Thirty-Two Thousand Seven and Seventy-Two Hundredths •Dollars ($ 332,007.72 ) to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of! Three Hundred Thirty-Two Thousand Seven and Seventy-Two Hundredths Dollars ($332,007.72 ) to guarantee https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc
3 payment to any contractors, subcontractors, and persons furnishing labor, materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a surety bonds (corporate surety bonds, cash deposits, etc.) The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected, placed, or situated in violation of any City ordinance governing size, location, or required permits. Removal shall be at the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs may be erected only pursuant to a permit issued by the City upon payment of necessary fees or deposits.

The Subdivider agrees to provide to the City a Public Liability Insurance Policy, making the City of Lake Elsinore, its officers, agents and employees, additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer.

In addition, the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law.

For purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager, the City Attorney, City Engineer, or any of them, or any of their authorized representatives. tem INESS WHERE, the Subdivider has caused this agreement to be executed this 9*' day of September _ 2025
Attach notary SIGNED: Da H. Chate
acknowledgement (Type Name/Title)

CITY OF LAKE ELSINORE
BY:_
Jason P. Simpson, City Manager

CITY OF LAKE ELSINORE
ATTEST:

Candice Alvarez, City Clerk

CITY OF LAKE ELSINORE
https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc
4 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
State of California
County of Orange
On September 9, 2025 before me, Jackie L. Venturelli, Notary Public (insert name and title of the officer)
personally appeared David H. Clark
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

JACKIE L. VENTURELLI
WITNESS my hand and official seal.

Notary Public - California
Orange County
Commission # 2375918
My Comm. Expires Sep 23, 2025
Signature (Seal)

FAITHFUL PERFORMANCE BOND

CITY OF LAKE ELSINORE
(located in the County of Riverside, State of California) FOR: Streets & Drainage $ 332,007.72 Project No. ENG-2025-00261 Landscaping $ Bond No. 4483861
Premium 3,320.00
Surety Markel Insurance Company Principal W. Fairway Associates, L.P.

Address 3111 Camino del Rio N, Suite 900 Address 3090 Pullman Street City San Diego, CA City Costa Mesa, CA
Zip Code 92108 Zip Code 92626
WHEREAS, The City of Lake Elsinore, a municipal corporation located in the County of Riverside, State of California, and W. Fairway Associates, L.P. (hereinafter designated "principal") have entered into, or are about to enter into the attached agreements) whereby principal agrees to install and complete the above-designated public improvements, relating to City Project Number 25-00261 which agreements) is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreements) to furnish bond(s) for the faithful performance of said agreements);
NOW, THEREFORE, we the principal, and Markel Insurance Company as surety, are held and firmly bound unto the City of Lake Elsinore, in the penal sum of: - Three Hundred Thirty-Two Thousand Seven and Seventy-Two Hundredths Dollars ($332,007.72 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Lake Elsinore, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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

I: \BZL Common\My Clients\Lake Elsinore\Forms \EAITHEUL 1 FAITHFUL PERFORMANCE BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to Surety's obligations hereunder and are hereby waived by Surety. when the work covered by the agreement is complete, the City of Lake Elsinore will accept the work and thereupon the amount of the obligation of this bond is reduced by 90% with the remaining 10% held as security for the one-year maintenance period provided for in the agreements).

IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named on September 12 _ 2025.

NAME OF PRINCIPAL: W. Fairway Associates, L.P.

AUTHORIZED SIGNATURE(S):

BY TIe
By
Title
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Markel Insurance Company
AUTHORIZO SONATURE JEAN Title Jonathan Russell, Attorney-in-Fact (IF CORPORATION, AFFIX SEAL)

ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT I: \BZL, Common\My Clients\Lake Elsinore\Forms \FAITHFUL 2 FAITHFUL PERFORMANCE BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to Surety's obligations hereunder and are hereby waived by Surety.

When the work covered by the agreement is complete, the City of Lake Elsinore will accept the work and thereupon the amount of the obligation of this bond is reduced by 90% with the remaining 10% held as security for the one-year maintenance period provided for in the agreements).

IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above lamed on September qt 2025
NAME OF PRINCIPAL: W. Fairway Associates, L.P
AUTHORIZED SIGNATURE(S):

By
Title dard It. Crank
residat of i G.P
By
Title
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY:

AUTHORIZED SIGNATURE:

Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)

ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT I: \BZL Common\My Clients\Lake Elsinore\Forms\FAITHFUL
2 ACKNOWLEDGMENT
A notary public or other officer completing this
ertificate verifies only the identity of the individua
ho signed the document to which this certificate i
attached, and not the truthfulness, accuracy, or
County of State of California Orange
_)
on September 9, 2025 before me, Jackie L. Venturelli, Notary Public (insert name and title of the officer)
personally appeared David H. Clark
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal. JACKIE L. VENTURELLI Notary Public • California
Orange Count
Commission = 2375918
my Comm. Expires Sep 23, 2025
(Seal)
POA# 510579

JOINT LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its rincipal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the stat fillinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoin Deepa Neupane, Jonathan Russell, Jeff Parkhurst, Sandra R. Black, Carol B. Henry Their true and lawful agents) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:

In Unlimited Amounts
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 20th day of August, 2024 SureTec Insurance Company INSURANCE Markel Insurance Company

PORPORA
SEAL
By: By:

Michael C. Keing, President
State of Texas
County of Harris:

On this 20th day of August , 2024 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force.

IN TESTIMONY WHEN are e my hand and the more ete. to un the dad ye is above wisen.

ARY PUBL
By: —
Chelsea Turner, Notary Public
12256. My commission expires 7/6/2028
We, the under sanad officer of suree insurance Company and Marke Meet entry that the origin WER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has noeheenAZON IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 12th day of September 2025 Markel Insurance Company
mont
M. Brent Beaty, Assistant Secretary
Any Instrument Issued in excess of the penalty stated above is totally void and without any valldity. 510579 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST.

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

STATE OF CALIFORNIA
County of Contra Costa
On 9/12/25 before me, Carol B. Henry , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal personally appeared Jonathan Russell
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

CAROL B. HENRY I certify under PENALTY OF PERJURY under the laws of Notary Public - Callfornia the State of California that the foregoing paragraph is true Contra Costa County
Commission # 2481886 and correct.

My Comm. Expires Feb 15, 2028
Witness my hand and official se
Signature
Place Notary Seal Above
- OPTIONAL
"hough the information below is not required by law, it may prove valuable to persons relying on the documen and could prevent fraudulent removal and reattachment of the form to another documen Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signers) Other Than Named Above:

Capacity(ies) Claimed by Signers)
Signer's Name: Jonathan Russell Signer's Name:
• Individual • Individual
• Corporate Officer — Title(s): • Corporate Officer — Title(s): _ • Partner • Limited • General •Partner • Limited • General M Attorney in Fact RIGHT THUMBPRINT • Attorney in Fact RIGHT THUMBPRINT • Trustee OF SIGNER • Trustee OF SIGNER
• Guardian or Conservator Top of thumb here • Guardian or Conservator Top of thumb here • Other: • Other:

Signer is Representing: Signer is Representing:

MATERIAL AND LABOR BOND

CITY OF LAKE ELSINORE
(located in the County of Riverside, State of California) FOR: Streets & Drainage $ 332,007.72 Project No. ENG-2025-00261 Landscaping $ Bond No. 4483861
Premium Included in Performance Bond
Surety Markel Insurance Company Principal W. Fairway Associates, L.P.

NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Lake Elsinore and all contractors, subcontractors, laborers, material persons and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Three Hundred Thirty-Two Thousand Seven and Seventy-Two Hundredths ($ 332,007.72 _ for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/SECURITY/SECURITY-NEW/BOND FORMS/COMM_INDUS/LABOR & MATERIAL BOND.docx; 1/29/2020 1 The surety hereby stipulated and agrees that no change, extension of time, alteration or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to the surety's obligations hereunder and are hereby waived by surety.

N WITNESS WHEREOF, this instrument has been duly executed by the principal and surety abov lamed on September 1.

NAME OF PRINCIPAL: W. Fairway Associates, L.P.

AUTHORIZED SIGNATURE(S):

By:

Title:

By:

Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Markel Insurance Company
(IF CORPORATION, AFFIX SEAL)

ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN- FACT
https://lakeelstnore.sharepoint.com/eng/Shared Documents/Engr/SECURITY/SECURITY-NEW/BOND FORMS/COMM_INDUS/LABOR & MATERIAL BOND.docx; 1/29/2020 2 The surety hereby stipulated and agrees that no change, extension of time, alteration or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to the surety's obligations hereunder and are hereby waived by surety.

IN WITNESS WHEREOF this instrument has been duly executed by the principal and surety above named on September _, 2025
NAME OF PRINCIPAL: W. Fairway Associates, L.P
AUTHORIZED SIGNATURE(S):

By: pared l. CLACk
Title: President of The G.P.

By:

Title:
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY:_
AUTHORIZED SIGNATURE:

Its Attorney-in-Fact Title
(IF CORPORATION, AFFIX SEAL)

ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN- FACT
https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/SECURITY/SECURITY- NEW/BOND FORMS/COMM_INDUS/LABOR & MATERIAL BOND.docx; 1/29/2020 2 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual State of California
County of Orange
On September 9, 2025 before me, Jackie L. Venturelli, Notary Public (insert name and title of the officer)
personally appeared David H. Clark
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal. JACKIE L. VENTURELLI Notary Pubiic • California
Orange County
Cormission # 2375918
My Comm. Expires Sep 23, 2025
(Seal)
POA# 510579

Deepa Neupane, Jonathan Russell, Jeff Parkhurst, Sandra R. Black, Carol B. Henry Their true and lawful agents) and attorneys)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:

In Unlimited Amounts
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 20th day of August , 2024 SureTec Insurance Company INSURANCE C Markel Insurance Corpany SEAL
By: By:

Michael C. Keipig, President
State of Texas
County of Harris:

On this 20th day of 2024 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force.

By: певен меник
Chelsea Turner, Notary Public

BE OF TEL
My commission expires 7/6/2028
We the entered or er or sure swance Company and want to here eir tar there We oF ATaRN oF wich he foregoing is a full, true and correct copy is still in full force and effect and has neheer ZoR IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 12th day of_ September 2025 Markel Insurance Company
monT
M. Brent Beaty, Assistant Secretary
Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510579 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST.

STATE OF CALIFORNIA
County of Contra Costa
On 9/12/25 before me, Carol B. Henry
_, Notary Public,
Insert Name of Notary exactly as it appears on the official seal personally appeared Jonathan Russell
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

CAROL B. HENRY
Notary Public - California I certify under PENALTY OF PERJURY under the laws of Contra Costa County the State of California that the foregoing paragraph is true Commission #2481886 and correct.

My Comm. Expires Feb 15, 2028
Signature
Place Notary Seal Above Signatureot Notary Public
- OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the documen and could prevent fraudulent removal and reattachment of the form to another document Description of Attached Document
Title or Type of Document:

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Signer's Name:_Jonathan Russell Signer's Name:
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AGREEMENT
FOR

CONSTRUCTION OF IMPROVEMENTS
WHEREAS, the undersigned W Fairway Associates, LP
whose business address is 3090 Pullman Street Costa Mesa, CA 92626 herein referred to as "Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as PM 38341 which map was prepared by SWS Engineering, Inc. and,
WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions, subdivisions, and the like, hereinafter collectively referred to as "said ordinance"; and,
WHEREAS, Subdivider desires to enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance;
NOW, THEREFORE, in consideration of the approval of said Final Map by the City, and as a condition of such approval, the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance, which work and improvements, without limitation by enumeration, consists of: monumentation security on FM-2022-0006 The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto, which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent (10%) of the original estimated cost of the improvements, then the consent of the surety shall be obtained, and absent such consent, the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided, further, in no event shall such https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc
1 change result in exonerating the surety's obligations. Such work shall be completed and improvements made within one year from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement, the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City.

Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph, existing or occurring or arising out of any act or omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc
2 The Subdivider shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten percent (10%) of the face amount thereof or $300.00, whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore.

It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced.

The Subdivider shall provide security in the amount of:

Seven Thousand Three Hundred Eighty-Seven and Two Tenths Dollars ($7,387.20 ) to guarantee https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc
3 payment to any contractors, subcontractors, and persons furnishing labor, materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a cash deposit (corporate surety bonds, cash deposits, etc.) The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected, placed, or situated in violation of any City ordinance governing size, location, or required permits. Removal shall be at the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs may be erected only pursuant to a permit issued by the City upon payment of necessary fees or deposits.

In addition, the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law.

For purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager, the City Attorney, City Engineer, or any of them, or any of their authorized representatives.

In WITNESS WHEREOF, the Subdivider has caused this agreement to be executed this/loth day of September _ 20 2 5
SIGNED:
(Type Name/Title)
FOR: IN Farrum Assocates, LP
(Name of Company on abovelline)

CITY OF LAKE ELSINORE
BY:_
Jason Simpson, City Manager

CITY OF LAKE ELSINORE
ATTEST:

Candice Alvarez, City Clerk

CITY OF LAKE ELSINORE
https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engx/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc
4 ACKNOWLEDGMENT
A notary public or other officer completing this
Leisigneythe document id which this Centicate is
ttached, and not the truthfulness, accuracy, c
validity of that documen
State of California Orange
County of
On September 16, 2025 before me, Jackie L. Venturelli, Notary Public (insert name and title of the officer)
personally appeared David H. Clark
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal. JACKIE L. VENTURELLI Notary Public - California
Orange County
Commission # 2375918
My Comm. Expires Sep 23, 2025
(Seal)

Lake Elsinore City CouncilOctober 28, 2025

Lake Elsinore City Council
October 28, 2025