Agenda packet — Menifee City Council, October 15, 2025 (part 3 of 3)

2 9
5 4
TABLE 1 – ORIGINAL POSTED SECURITY IMPROVEMENTS (IP18-056) Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Streets / Drainage 1001120669/TSC0171963 $ 2,040,500 $ 1,020,250 Water System 1001120669/TSC0171963 $ 448,500 $ 224,250
Rec. Water System 1001120669/TSC0171963 $ 124,000 $ 62,000 Sewer System 1001120669/TSC0171963 $ 371,000 $185,500
Total $ 2,984,000 $ 1,492,000
TABLE 2 - ORIGINAL POSTED SECURITY MONUMENT IMPROVEMENTS Improvement Security No. Monument Bond
Subdivision Monument 1001120668/TCS0172120 $ 140,040 Total $ 140,040

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements would be supported through approved Fiscal Year 2025/2026 operating budgets in Community Facilities District (CFD) 2012-

1. ATTACHMENTS

1. Project Map

2. Agreement – Road Improvements

3. Agreement – Water System

4. Agreement – Recycled Water System

5. Agreement – Sewer System

6. Agreement – Subdivision Monuments

7. Bonds – Improvements

8. Bond - Monument
Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 2

Menifee Mayor and City Council
October 15, 2025
Page
328 of 379

PROJECT MAP - TM36484

VICINITY MAP
Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 3

Menifee Mayor and City Council
October 15, 2025
Page
329 of 379

AGREEMENT

FOR THE CONSTRUGTION OF ROAD IMPROVEMENTS
TRACT 36484
This Agreement for Construction of Road and Drainage lmprovements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Sutter tt/itland 0'1, LLC., a Limited Liability Company, hereinafter called Developer.

WITNESSETH:

FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract Map 36484 , hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirty Days from the date this Agreement is executed, in a good and workmanlike manner, all road and drainage improvements in accordance with those Road Plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement.

All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer.

Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway.

The estimated cost of said work and improvements is the sum of Two Million Fortv Thousand Five Hundred and no/100, Dollars, $ 2.040.500.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the laMul construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 4

Menifee Mayor and City Council
October 15, 2025
Page
330 of 379

acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.

FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (a8) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.

SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 5

Menifee Mayor and City Council
October 15, 2025
Page
331 of 379

bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlaMul and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH. This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys' and paralegals'fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.

DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 6

Menifee Mayor and City Council
October 15, 2025
Page
332 of 379

The Agreement shall survive the recordation of the Final I\Iap and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned, provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SEVENTEENTH. This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

Crty Developer
City of ft/lenifee
29844 Haun Road
lMenifee, CA 92586
Sutter Mitland 01, LLC.
3200 Park Center Drive. Suite 1000
Costa Mesa, C492626
TWENTIETH. City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRSI Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 7

Menifee Mayor and City Council
October 15, 2025
Page
333 of 379

lN WITNESS WHEREOF, Landowner has affixed his name, address and seal Dated
Dated

CITY OF TVIENIFEE
tb ,201o By: Sutter tVlitland 01 LLC
California Limited Liability Company
Its [t/anaqer
Dqo,\ \) rcC csi,r'y

CITY OF IUENIFEE
By
Yolondo S. Mocololod,PE,OSD
Acting City Engineering

APPROVED AS TO FORTVI
2019
Bill Zimmerman, Mayor
ATTEST:

By
By By:

Sarah Manwaring, City Clerk Jeffery T. t\Ielching, City Attorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B 12/15/2020
Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 8

Menifee Mayor and City Council
October 15, 2025
Page
334 of 379

A notary public or other ofhcer completing
this certihcate 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
SS
COUNTY OF' Oranse
On 2020,
personally
the basis of satisfactory evidence to be the
instrument and acknow
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)
)
and that by instrument the
I certifu under PENALTY OF PEzuURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
capacit@
of which the
@
OANItttE MONIQUE MOS!
Notdry Public - California
0ranqe CountY
Commissron f 2251613
My comrn. Explres Aus 17, 2022
Danielle
Notary Public
Notary Public,
who proved to me on
fr,w
z2
me that
the within
authorized
or the upon behalf
executed the
DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 9

Menifee Mayor and City Council
October 15, 2025
Page
335 of 379

AGREEMENT
TRACT 36484

FOR THE CONSTRUCTION OF WATER SYSTEM IMPROVEMENTS
This Agreement for Construction of Water System lmprovements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Sutter lVlitland 01 LLC., a Limited Liability Company, hereinafter called Developer.

WITNESSETH:

FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 36484, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed, in a good and workmanlike manner, a water distribution system, complete with all necessary pipes, valves, fire hydrants, connections and appurtenances necessary to the satisfactory operation of said distribution system, and, further, to extend main or mains from the existing supply system maintained and operated by Eastern Municipal Water District, to connect with the distribution system described above with all pipe laid at such a depth as to provide a fullythirty six inch (36") minimum cover from the top of the pipe to street grade, unless otherwise specified by the City Engineer, office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Four Hundred Fortv Eiqht Thousand Five Hundred and no/100, Dollars, $ 448.500.00 , ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the laMul construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 10

Menifee Mayor and City Council
October 15, 2025
Page
336 of 379

agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys' fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any propefiy owned by Developer in the amount equal to any unpaid Completion Cost.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 11

Menifee Mayor and City Council
October 15, 2025
Page
337 of 379

sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

TENTH. lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlaMul and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 12

Menifee Mayor and City Council
October 15, 2025
Page
338 of 379

permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

Aly Developer
City of Menifee
29844 Haun Road
[Menifee, CA 92586
Sutter ttlitland 01, LLC.
3200 Park Center Drive, Suite 1000
Costa Mesa, CA 92626
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 13

Menifee Mayor and City Council
October 15, 2025
Page
339 of 379

lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.

Dated: A I
Dated

CITY OF IUENIFEE
20?0
2019
By: Sutter tMitland 01, LLC.

Limited Liability Company
L t--\-
€. 6rrrt{o}r1 r) L
William B. Seirh
Sccotary

CITY OF MENIFEE
By.

Yolondo S. Mocololod,PE,OSD
Acting City Engineering
By
Bill Zimmerman, fi/ayor
ATTEST: APPROVED AS TO FORTM
By By
Sarah fi/anwaring, City Clerk Jeffery T. tt/elching, City Attorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
I
DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B 12/15/2020
Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 14

Menifee Mayor and City Council
October 15, 2025
Page
340 of 379

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
SS.

COUNTY OF Oransc
Ou \q Notary Public,
personally appeared who proved to me on
the basis of satisfactory evidence to be the whose the within authorized
the or the entity upon behalf
I certiff under PENALTY OF PERruRY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
)
)
)
Than
@
zz otary Public
a
My
DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 15

Menifee Mayor and City Council
October 15, 2025
Page
341 of 379

AGREEMENT

FOR THE CONSTRUCTION OF RECYCLE WATER SYSTEM IMPROVEMENTS TRACT 36484
This Agreement for Construction of Recycle Water System lmprovements ("Agreement") is made and entered into by and between the City of [t/enifee, State of California, hereinafter called City, and Sutter tMitland 01, LLC., a Limited Liability Company, hereinafter called Developer.

WITNESSETH:

Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the laMul construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 16

Menifee Mayor and City Council
October 15, 2025
Page
342 of 379

agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to pedorm satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 17

Menifee Mayor and City Council
October 15, 2025
Page
343 of 379

NINTH. lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

ELEVENTH. This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FIFTEENTH. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 18

Menifee Mayor and City Council
October 15, 2025
Page
344 of 379

permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

Cty Developer
City of lt/enifee
29844 Haun Road
fVlenifee, CA 92586
Sutter Mitland 01, LLC.
3200 Park Center Drive, Suite 1000
Costa Mesa, C492626
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 19

Menifee Mayor and City Council
October 15, 2025
Page
345 of 379

lN WITNESS WHEREOF, Landowner has affixed his name, address and seal Dated 20ao By: Sutter lVlitland 01, LLC
Its
Oo.ri* E 6srYlt$, g-.1 fr65&l'
Willkrm B. Seirh
Secrurlary
Dated
t-
,2019 CITY OF [/ENIFEE
By.

Yolondo S. Mocololod,PE,OSD
Acting City Engineering

CITY OF IUENIFEE
Bill Zimmerman, [Vlayor
ATTEST:

By
By

APPROVED AS TO FORIM
By:

Sarah l/anwaring, City Clerk Jeffery T. tMelching, CityAttorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
O^C'-
DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B 12/15/2020
Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 20

Menifee Mayor and City Council
October 15, 2025
Page
346 of 379

STATE OF CALIFORNIA
SS.

COUNTY OF Orange
On 2020, before
persona appeared
the basis of satisfactory evidence to be the
instrument and acknowledged me that
capac that by
)
)
)
samethe
theinstrument
whose
Notary Public
Notary Public,
who proved to me on
to the within
his/her@ authorized
or the entity upon behalfRersor@
of which e the
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.

TY/*N
@
DAxIELLE I'i0NQUE MOSS
Notary Public' Gtifwnlr
0range CountY
Commlsrion f 2Z!46tl
My Comm. Explrc! Aug 17, 202?
DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 21

Menifee Mayor and City Council
October 15, 2025
Page
347 of 379

AGREEMENT

FOR THE CONSTRUGTION OF SEWER SYSTEM IMPROVEMENTS
TRACT 36484
This Agreement for Construction of Sewer System lmprovements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Sutter Mitland 01, LLC. a Limited Liability Company, hereinafter called Developer.

WITNESSETH:

FIRSI: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 36484, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundfed and Thirty Days from the date this Agreement is executed, in a good and workmanlike manner, a sanitary sewer distribution system, complete with all necessary pipes, manholes, cleanouts, connections and appurtenances necessary to the satisfactory operation of said distribution sanitary sewer system. Developer further, to extend main or main or mains from the existing sewer system maintained and operated by Eastern Municipal Water District, to connect with the sanitary sewer system required to be constructed by this Agreement. All the above required work shall be in accordance with those plans and specifications which have been approved by the City Engineer, office of the City of N/enifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Three Hundred Seventv One Thousand and no/100 Dollars, $ 371.000.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the laMul construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 22

Menifee Mayor and City Council
October 15, 2025
Page
348 of 379

agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shallfully cooperate with any investigation regarding the same.

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 23

Menifee Mayor and City Council
October 15, 2025
Page
349 of 379

NINTH: lt is further agreed by and between the parlies hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH. lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that pafiicular part, term or provision held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 24

Menifee Mayor and City Council
October 15, 2025
Page
350 of 379

permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

The Agreement shall survive the recordation of the Final IVIap and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH. Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses.

Aily Developer
City of Menifee
29844 Haun Road
Menifee, CA 92586
Sutter lttlitland 01, LLC
3200 Park Center Drive, Suite 1000
Costa Mesa, CA92626
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 25

Menifee Mayor and City Council
October 15, 2025
Page
351 of 379

lN WITNESS WHEREOF, Landowner has affixed his name, address and seal Dated ,20?-o By: Sutter tMitland 01, LLC.

Limited Liability Company
Its Manager
t r.a i&^
Williarn B. Seith
Secrertary
Dated

CITY OF TMENIFEE
2019 CITY OF IVIENIFEE
By:

Yolondo S. Mocololod,PE.ASD
Acting City Engineering
Bill Zimmerman, ft/ayor
ATTEST:

By
By

APPROVED AS TO FORM
By
Sarah lt/anwaring, City Clerk Jeffery T. tVelching, CityAttorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
2 (F-
l5(L,-
DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B 12/15/2020
Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 26

Menifee Mayor and City Council
October 15, 2025
Page
352 of 379

STATE OF CALIFORNIA
SS
COUNTY OF Oranse
On 2020,before Notary Public,
appeared who proved to me on
the basis of satisfactory to be the whose the within
instrument and the same ln authorized
instrument the or the upon behalf
of which
I certifu 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.
)
)
)

DANIELLE HONIQUE HOSS
Notary Pubtic ' California
orange CountY
Commission I 2251611
l,ly Comm. Expires Aug 17, 1022
fryrdt
@
z Notary Public
that
executed the
DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 27

Menifee Mayor and City Council
October 15, 2025
Page
353 of 379

FoR rH E pLAcE#RT1=J5)JrEy MoN u M ENrs
TR 36484
This Agreement for placement of Survey lVonuments ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Sutter lVitland 01, LLC., hereinafter called Developer.

WITNESSETH:

FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 36484, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to set, within Seven Hundred and Thirtv Davs from the date this Agreement is executed, in a good and workmanlike manner, all survey monuments and tie points and furnish to the City Surveyor tie notes for said tract in accordance with standards set forth in Riverside County Ordinance No. 461, or any successor thereto, and Section 8771 et seq. of the Business and Professions Code of the State of California. The Developer further agrees to pay, within 30 days of presentation to Developer of the final billing of any surveyor or engineer for work performed by him as provides for in Article 9 of Chapter 4, Division 2 of Title 7 of the Government Code of the State of California (commencing with Section 66495). Developer further agrees that if payment to the Surveyor or engineer is not made within 30 days, the surveyor or engineer notifies City that he has not been paid for setting the final monuments, and the City of Menifee, pursuant to Section 66497 of the Government Code, after providing Developer with an opportunity to present evidence as to whether or not the surveyor or engineer has been paid, orders that payment be made by City to the engineer or surveyor, Developer will, upon demand, and without proof of loss by City, reimburse City for any funds so expended. Notwithstanding any other provision herein, the determination of City as to whether the surveyor or engineer has been paid shall be conclusive on Developer, its surety, and all parties who may have an interest in the Agreement or any portion thereof. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of One Hundred Fortv Thousand and no/f 00, Dollars, $140.040.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the laMul construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 28

Menifee Mayor and City Council
October 15, 2025
Page
354 of 379

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.

SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 29

Menifee Mayor and City Council
October 15, 2025
Page
355 of 379

Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys' and paralegals'fees, coutl costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 30

Menifee Mayor and City Council
October 15, 2025
Page
356 of 379

and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

The agreement, hypothecation, or transfer shall be to the satisfaction of the CityAttorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.

The Agreement shall survive the recordation of the Final [t/ap and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

EIGHTEENTH. This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

Aty Developer
City of Menifee
29844 Haun Road
[/lenifee, CA 92586
Sutter Mitland 01 LLC
3200 Park Center Dr., Ste. 1000
Costa lvlesa, C492626
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

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Securities

for

Tract

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36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 31

Menifee Mayor and City Council
October 15, 2025
Page
357 of 379

lN WITNESS WHEREOF, Landowner has affixed his name, address and seal Dated 2020 By: s
DAVID E. BARTLETT
Vlce Presldent
Dated

CITY OF IVENIFEE
,2020 CITY OF TMENIFEE
By:

Yolondo S. Mocololod,PE,OSD
Acting City Engineering
By
Bill Zimmerman, [Mayor
ATTEST: APPROVED AS TO FORIV
By By:

Sarah [Vanwaring, City Clerk Jeffery T. tVlelching, City Attorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
')
UU(--+-
DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B 12/15/2020
Item Title: 10.12
Public

Improvement

Acceptance

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90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 32

Menifee Mayor and City Council
October 15, 2025
Page
358 of 379

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
COTINTY OF Oranee
)
)
)
ss.

On Atqusi ?-o 2020, before me,
, NoE publi", personally appeared
ishre subscribed
who proved to me on the basis of satisfactory evidence to be the person(+)whose name(s) to the within instrument and acknowledged to me that he/shelthoy/executed the same in his/he#ther? authorized capacity(ies) and that by his/her#heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

MEAGAN KNECHT

MY COMMISSION EXPIBES
JUN E 2023
NOTABY
DocuSign Envelope ID: BFB4E8A6-EE7B-490F-9365-5B1EF1263B3B Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 33

Menifee Mayor and City Council
October 15, 2025
Page
359 of 379

FAITHFUL PERFORMANCE BOND

CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $ 2.040,500.00 Tract Map 364g4
Water System $ 448.500.00 Other proj. Ref. tplg-056
Rec. Water System $ 124.000.00 Bond No. 1001120669 / TCSo171963 Sewer System 371.00 .00 Premium $11.936.00
Total $ 2,984,000.00
Surety U.S. Specialty lnsurance Company Principal Sutter Mitland 01. LLC Address 801 South F toU . Suite 700 Address 3200 Park Cente r Drive. Suite City/State Los Anoeles. City/State Costa [Vlesa
Zip code 9001 7 Zip I 2626
Phone 310-649-0990 Phone 014 427-6868
WHEREAS, the City of Menifee, State of California, and Sutter Mitland 01, LLC (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to TM 36484 / lP18-056 , which agreement(s) is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s);
NOW THEREFORE, we the principal and U.S. Specialtv lnsurance Companv, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Two Million Nine Hundred Eiqhtv Four Thousand and no/100, Dollars, $ 2.984.000.00 laMul money of the United States, for the payment of which sum will and truly 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 Menifee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; othenruise, it shall 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 the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 34

Menifee Mayor and City Council
October 15, 2025
Page
360 of 379

FAITHFUL PERFORMANCE BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this 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.

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

When the work covered by the agreement is complete, the City of Menifee 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(s).
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on Auoust 0th 2020
NATVIE OF PRINCIPAL Sutter l/itland. 01 LLC
AUTHORTZED StcNATURE(S)
By: 3
<-
(lF coRPoRATtON, AFFTX SEAL)
Name:

Title:

NAME OF SURETY: U.S. Soecialtv lnsu nce Companv
AUTHORIZED SIGNATURE:
ily, lts Title
(lF coRPoRATtON, AFFIX SEAL)

ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN.FACT.

Jul
Op.

L--rr
Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 35

Menifee Mayor and City Council
October 15, 2025
Page
361 of 379

STATE OF CALIFORNIA
SS.

COLINTY OF C)ranse
on "*"v.q<r,rSts
2t{ 2020, before
-,
N"t"E Prblic, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(slwhose name(s) is/arcsubscribed to the within instrument and acknowledged to me that he/sHtfrey/executed the same in his/he#+hck authorized capacity(iesland that by his/herlthe# signature(slon the instrument the person(s), or the entity upon behalf of which the person(+) acted, executed the instrument.

I certifu 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.

MEAGAN KNECHT
NOT,
MY
JUNE 29.
)
)
)
coMM. * 2294992

ORANGE COUNTY

EXPIRES
Item Title: 10.12
Public

Improvement

Acceptance

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90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 36

Menifee Mayor and City Council
October 15, 2025
Page
362 of 379

FOR: Streets / Drainage
Water System
Rec. Water System
Sewer System

MATERIAL AND LABOR BOND

CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
1,020,250.00 Parcel Map 36484
224.2 0.00 Other Proj. Ref tP18-056
$ 62. .00 Bond No. 100 11 20669 / TCSo171963
185,500.00 Premium lncluded with Performance Bond
Total $ 1,492,000.00
Surety U.S. Specialty lnsurance Company Principat Sutter Mitland 01. LLC Address 801 South F roa. Suite 700 Address 32OO Pa Center Drive. Suiterk City/State Los Anoeles. City/State Costa Mesa.

Zip code 90017 zip 92626
Phone 310-649-099 0 Phone (7 14 ) 427-68
WHEREAS, the City of Menifee, State of California, and Sutter Mitland 01. LLC, (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to TR 36484 / lP18-056 , which agreement(s) is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement, principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Menifee to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; NOW THEREFORE, said principal and the undersigned, as corporate surety, are held firmly unto the City of Menifee and all contractors, subcontractors, laborers, material persons and other persons employed in the performa nce of said Civil Code in the sum of One Million Four Hundred Ninetv Thousand and no/100, Dollars, $ 1.492.000.00 for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment lnsurance 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 the 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 upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitles to full claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 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; othenruise, it shall be and remain in full force and effect. s
Item Title: 10.12
Public

Improvement

Acceptance

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90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 37

Menifee Mayor and City Council
October 15, 2025
Page
363 of 379

MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to 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. 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.

IN WITNESS WH
above named, on
EREOF, this instrument has been du
Auoust 20th
ly executed by the principal and surety
2 AUTHORIZED SIGNATU RE(S):

NAME OF PRINCIPAL
NAME OF SURETY:

Sutter Mitland. 01 LLC
By: <-- L(/'-
Name
Title:
(tF coRPoRAT|ON, AFFTX SEAL)
AUTHORIZED SIGNATURE:
, lts Atto act Title
(tF coRPoRATtON, AFFTX SEAL)

ATTAGH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN-FACT.

Item Title: 10.12
Public

Improvement

Acceptance

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90%

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Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 38

Menifee Mayor and City Council
October 15, 2025
Page
364 of 379

STATE OF CALIFORNIA
SS.

COUNTY OF Oranse
On h,wsv24 )020, before me,
-,
N otF,y n, u I i 6, p e rs o n a I I y appeared
who proved to me on the basis of satisfactory evidence to be the person(slwhose name(e)- is/are subscribed to the within instrument and acknowledged to me that he/sHtlrqr/executed the same in his/ht#their authorized capacity(iesland that by his/he#their'signature(slon the instrument the person(sf or the entity upon behalf of which the person(slacted, executed the instrument.

I certifu 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.

MEAGAN KNECHT
)
)
)

NOTAHY PUBLIC-CALIFORNIAZ N

MY COMMISSION EXPIBES
JUNE 29,2023
Item Title: 10.12
Public

Improvement

Acceptance

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90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 39

Menifee Mayor and City Council
October 15, 2025
Page
365 of 379

CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF Connecticut
COUNTY OF Hartford
Bai proved to me o
me. Tvter Undercuffter a notary public, personatty appeared n the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowtedged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that be his/her/their signature(s) on the instrument the person(s), or the entity upon behatf of which the person(s) acted, executed this instrument.

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

WITNESS my hand and official seal
of Notary Pubtic)
Item Title: 10.12
Public

Improvement

Acceptance

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Securities

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Tract

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36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 40

Menifee Mayor and City Council
October 15, 2025
Page
366 of 379

TOKIOMARINE

POWER OF ATTORNEY

AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SUREW COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors lndemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Conlractors lndemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty lnsurance Company, a Texas corporation (collectively, the "Companies'), do by these presents make, constitute and appoint:

Julie Baily, Matthew J. Beemeart, Jason Hilby, Brian J. Steele or Tyler Undercuffer of Farmington, Connecticut its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include rider€, amendments, and consents of surety, providing the bond penalty does not exceed *"***Seventy Five Million****** Dollars ( "'75,000.000.00**. ).ThisPowerofAttomeyshall expirewithoutfurtheractiononApril 23td,2022.This Powerof Attomey is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:

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

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

Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. lN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1"tday ofJune, 2018.

AMER]CAN CONTRACTORS INDEMNITY COMPA}{Y TEXAS BONDIilG OMPAT{Y

UNITED COMPANY
State of California
County of Los Angeles -r-:F-By:

Daniel P. Aguilar, Vice President
On this 1"t day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors lndemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty lnsurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

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

WITNESS my hand and official seal.
sisnature@ (seat)
l, Kio Lo, Assistant Secretary V American Contractors
i4flLx
ffi
lndemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty lnsurance Company, do hereby certify that the above and foregoing is a true and conect copy of a Power of Attomey, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attomey are in full force and effect. 2t, 20u
affixed the seals of said Companies at Los Angeles, California this Secretary
Whe I have reunto set
ay
Coroorate Seals A
Bond No lbllrua(bq
A Notary Public or other officer the individual who signed the document toof of
cefiificate veifies theonly
orwhich this certificate is
Agency No. 90'16
visit tmhcc.com/surety for more infornraticn
Kio Lo,
HCCSMANPOAO62Ol 8
S
Item Title: 10.12
Public

Improvement

Acceptance

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90%

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Securities

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Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 41

Menifee Mayor and City Council
October 15, 2025
Page
367 of 379

SUBDIVISION MONUMENT BOND

CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66496)
Tract Map No 36484
Bond No. 1001120668 /
Surety Premium $ 560.00
Surety U.S. Specialty lnsurance Company
Address 801 South Fioueroa, Suite 700
City/State Los Angeles, CA
Zip 900'17
Phone 310-649-0990
171962
Sutter Mitland 0 1 LLC
3200 Park Ce Drive. Suite 1000
Principal
Address
City/State Costa Mesa. CA
zip 92626
Phone (7 14 427-6868)
That, Sutter Mitland 01 LLC , subdivider, as principal, and U.S. Specialtv lnsurance Companv, a corporation, as surety, are hereby jointly and severally bound to pay to the City of Menifee the sum of One Hundred Forfu Thousand Fortv and no/l00 , Dollars, $140.040.00.The condition of this obligation is that, whereas the subdivider, as a condition of the filing of the final map of Tract 36484, entered into an agreement with the City of Menifee to set Survey Monuments and Tie Points in said tract and furnish Tie Notes therefore and to pay the engineer or surveyor performing the work, in full, within 30 days after completion.

NOW THEREFORE, if the subdivider shall well and truly perform said agreement during the original tern thereof, or of any extension of said term that may be granted by the City of Menifee, with or without notice to the surety, then this obligation shall become null and void' otherwise, it shall remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the work to be performed thereunder 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.

Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 42

Menifee Mayor and City Council
October 15, 2025
Page
368 of 379

SUBDIVISION MONUMENT BOND

IN WITNESS WH
above named, on
EREOF, this instrument has been duly
Auqust 20th
executed by the principal and surety
2020
NAME OF PRINCIPAL: Sutter land 01 LLC

AUTHORTZED SIGNATU RE(S)
-
By l_9
Name:

Title:
(lF coRPoRATtON, AFFTX SEAL)
NAME OF SURETY:

AUTHORIZED SIGNATURE:

Jul , lts Title
(tF coRPoRATtON, AFFTX SEAL)

ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN.FACT.
0f<
act
q_
Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 43

Menifee Mayor and City Council
October 15, 2025
Page
369 of 379

STATE OF CALIFORNIA
SS.

COL|NTY OF Oranse
On 2020, before me,
Public, personally appeared
)
)
)
_t
who proved to me on the basis of satisfactory evidence to be the persorr$) whose name@- is/a+e+ubscribed to the within instrument and acknowledged to me that he/shdthey'executed the same in his/he#their authorized capacity(iesland that by his/he#their signature(s) on the instrument the person(s)o or the entity upon behalf of which the person(e) acted, executed the instrument.

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

WITNESS rny hand and official seal.

MEAGAN KNECHT
coMM. t+2294992

ORANGE COUNTY

NNOTARY PUBLIC-CAL

MY COMMISSION EXPIRES
E 29,2023J
Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 44

Menifee Mayor and City Council
October 15, 2025
Page
370 of 379

CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF Connecticut
COUNTY OF Hartford
me. Tvler Undercuffler a notary public, personatly appeared p to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowtedged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that be his/her/their signature(s executed
)onthe instrument the person(s) , or the entity upon behalf of which the person(s) acted, this instrument.

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

WITNESS my hand and officia[ seal
(si re of Notary Pubtic)
Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 45

Menifee Mayor and City Council
October 15, 2025
Page
371 of 379

TOKIOMARINE

POWER OF ATTORNEY

AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors lndemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors lndemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty lnsurance Company, a Texas corporation (collectively, the "Companies'), do by these presents make, constitute and appoint:

Julie Baily, Matthew J. Beemeart, Jason Hilby, Brian J. Steele or Tyler Undercuffer of Farmington, Connecticut its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riderc, amendments, and consents of suretlr, providing the bond penalty does not exceed ***"'Seventy Five Million****"" Dollars ( '..75,000,000.00*- ). This Power of Attorney shall expire without further action on April 23rd, 2022.This Power of Attomey is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:

Attorney-in-Fac, may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreemenls or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.

Be it Resolved, that the signature of any aulhorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. lN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of June, 201 8.

AMERICAN CONTRACTORS INDEMNITY COMPAilY TEXAS BONDING OMPANY

UNITED S' RANCE COMPANY
State of California
County of Los Angeles
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By:

Daniel P. Aguilar, Vice President
On this 13tday of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors lndemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty lnsurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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.
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l, Kio Lo, Assistant Secretary Uf American Contractors
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lndemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty lnsurance Company, do hereby certify that the above and foregoing is a true and conect copy of a Power of Attomey, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Direc{ors, set out in the Power of Attomey are in full force and effect. affixed the seals of said Companies at Los Angeles, California thisI have CorDorate Seals
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A Notary Public or other officer completing this ceftificate veifies only the identity of the individual who signed the document to which this ceftificate is of that documentand notthe or TOII
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Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 46

Menifee Mayor and City Council
October 15, 2025
Page
372 of 379

Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 47

Menifee Mayor and City Council
October 15, 2025
Page
373 of 379

Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 48

Menifee Mayor and City Council
October 15, 2025
Page
374 of 379

Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 49

Menifee Mayor and City Council
October 15, 2025
Page
375 of 379

Item Title: 10.12
Public

Improvement

Acceptance

and

90%

Release

Securities

for

Tract

Map

36484,

Audie

Murphy

Ranch,

Sutter

Mitland

01,
LLC
Item Page Number: 50

Menifee Mayor and City Council
October 15, 2025
Page
376 of 379

CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements for Audie Murphy Ranch North Paseo by Sutter Mitland 01, LLC.

MEETING DATE: October 15, 2025
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the public improvements for Audie Murphy Ranch North Paseo Improvements (IP14- 051), by Sutter Mitland 01, LLC, located between Audie Murphy Road North and Audie Murphy Road South.

DISCUSSION
Parcel Map 32269 (PM32269), a 1,121-acre land subdivided into 24 larger parcels, is the underlying parcel map for the development of the Audie Murphy Ranch (AMR) (Project) located along Newport Road and Audie Murphy Road. PM32269 was approved and recorded by the County of Riverside on May 1, 2007, prior to the City's incorporation. The 24 larger parcels were further subdivided through several tract maps into the 2,129 single family units that make up the AMR development.

To comply with the Project’s conditions of approval, the master developer, Sutter Mitland 01, LLC (Developer), constructed the required public trail, drainage, and water quality treatment improvements along the paseos that serve the AMR development, as shown on the attached Project Map. The paseos are located between Audie Murphy Road North and Audie Murphy Road South within various tracts as follows: Tract 36485-2 Lot 132, Tract 36485-4 Lot 108, Tract 36485- 5 Lot 53, and Tract 36485-7 Lot 73.

The Developer has completed construction of the Audie Murphy Ranch North Paseo Improvements (IP14-051) and is now requesting that the City accept the public trail, drainage, and water quality improvements (Public Improvements) into the City’s maintenance system. The Public Improvements include the decomposed granite trail and vehicular access road, a rock gallery below the channel within the paseo, modular wetland systems, and storm drain lines connecting from the street cul-de-sacs to the channel. While the City is responsible for the Item Title: 10.13
Acceptance of Public Improvements for Audie Murphy Ranch North Paseo by Sutter Mitland 01, LLC.

Item Page Number: 1

Menifee Mayor and City Council
October 15, 2025
Page
377 of 379

City of Menifee Staff Report
Improvement Acceptance IP14-051
October 15, 2025

Page 2 of 2 ends

2 9
5 2
maintenance of Public Improvements, the AMR Homeowners Association (HOA) is responsible for maintaining the planting and irrigation within the paseos.

Staff have inspected the completed improvements and determined the public improvements have been constructed according to City specifications and standards, and confirmed that all project conditions of approval have been met. There are no improvement agreements or securities that were associated specifically with the paseo improvements. Acceptance of the improvements would simply memorialize the transition of maintenance for the Audie Murphy Ranch North Paseos elements from the Developer to the City, or to AMR’s HOA, as intended (or as appropriate).

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

1. ATTACHMENTS

1. Project Map
Item Title: 10.13
Acceptance of Public Improvements for Audie Murphy Ranch North Paseo by Sutter Mitland 01, LLC.

Item Page Number: 2

Menifee Mayor and City Council
October 15, 2025
Page
378 of 379

VICINITY MAP

PROJECT MAP - AMR PASEOS

PROJECT

LOCATION
Item Title: 10.13
Acceptance of Public Improvements for Audie Murphy Ranch North Paseo by Sutter Mitland 01, LLC.

Item Page Number: 3

Menifee Mayor and City Council
October 15, 2025
Page
379 of 379

Menifee City CouncilOctober 15, 2025

Menifee City Council
October 15, 2025