CITY OF MENIFEE
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 38766
FOR THE CONSTRUCTION OF STREET, DRAINAGE, WATER, RECYCLED WATER, AND SEWER
IMPROVEMENTS AND SURVEY MONUMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this City and Subdivider may sometimes herein be referred to individually as a "party" and collectively as the 'parties."
RECITALS:
A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of Menifee, County of Riverside, which unit of land is known as Tract No. 38766 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in Planning Commission Resolution No. PC24-641 (the "Resolution of Approval") which among other things, contains Conditions of Approval applicable to the Map ("Conditions of Approval"). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference.
C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements").
D. The Improvements have not been installed and accepted at this time.
E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval of a final map for the Tract by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by City and the Subdivision Laws and approved by the City.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer.
2. Improvements. Subdivider shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. The Improvements shall be made pursuant to this Agreement in connection herewith provided in compliance with Section 3 hereto, including the following:
Bonds for Tract #38766 For the Construction of Offsite Street and Drainage, Water System Recycled Water, and Sewer Improvements, IP25-011, executed September 25, 2025. Bond 1 of 9
No. 101199534 by U.S. Specialty Insurance Company. Faithful Performance Bond $1,667.000.00. Material and Labor Bond $1,677,000.00
• Bonds for Tract #38766 For the Construction of Onsite Street and Drainage, Water System Recycled Water, and Sewer Improvements, IP25-012, executed October 12, 2025. Bond No. 101199535 by U.S. Specialty Insurance Company. Faithful Performance Bond $2,644,000.00. Material and Labor Bond $2,644,000.00.
• Bond for Tract #38766 For the Construction of Survey Monuments, IM38766, executed October 13, 2025. Bond No. 101199536 by U.S. Specialty Insurance Company. Survey Monument Bond $70,560.00.
3. Improvement Security. Subdivider shall at all times guarantee Subdivider's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security (the "Improvement Security") in the form indicated on Exhibit A as required by the City and Subdivision Laws on forms and in the amounts approved by City. The Improvement Security shall comply with the following:
A. "Performance security" in the amount of one hundred percent (100%) of the estimated cost of the Improvements, including any subdivision monuments plus an additional ten percent (10%) warranty which shall assure the faithful performance of this Agreement including construction of the Improvements. The warranty retention shall guarantee the Improvements for a period of one (1) year.
B. "Payment security" in the amount of one hundred percent (100%) of the estimated cost of the Improvements, including any subdivision monuments which shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements, and all other matters required by Civil Code Section 9554 or successor provision.
C. Provision of the security set forth above shall be a condition precedent to City Council approval of the Map. The Improvement Security required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any Improvement Security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former Improvement Security may be released. The City Engineer shall approve replacement of Improvement Security.
D. Performance security shall conform with Section 66499 of the California Government Code and may be one or more of the following, subject to approval by the City. 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) FDIC-insured certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better from a reputable financial institution ranking system. 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is 2 of 9
provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration.
5) Alien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements.
7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company.
E. Payment Security shall be in the form of a bond executed by an admitted surety insurer and in a form approved by the City and not a deposit in lieu of a bond.
F. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of Improvement Security provided in accordance with the current City of Menifee Fee Schedules.
G. Improvement Security shall not expire, be reduced, or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement.
H. Improvement Security shall be released in the following manner:
1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement.
2) The City Engineer may authorize a one-time Fifty Percent (50%) reduction of performance security as work progresses, upon application by Subdivider. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%).
3) If City receives no notice of recorded claims of lien, payment security shall be released in full ninety (90) days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act and other applicable California law shall apply. 4) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. The warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements upon application by the Subdivider. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer.
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5) City may retain from any Improvement Security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.
4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits.
5. Off-site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City funds in an amount approved by the City to acquire the real property. Any unexpended portion of said advance shall be refunded to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval.
6. Completion of Improvements: Inspection.
6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twenty four (24) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this Agreement or Subdivider's obligations hereunder. The City may use the Improvement Security to construct the improvements or portions thereof at the City's sole discretion.
6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification.
7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events.
8. Time Extension. Subdivider may make application in writing to the City Engineer for an extension of time for completion of the Improvements. The City Engineer, in their reasonable discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement.
As a condition of the time extension, Subdivider shall furnish Improvement Security, similar in form and substance to those required in Section 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements, as determined by the City Engineer.
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9. Survey Monuments. Before final acceptance of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495 et seq. of the Subdivision Map Act and of the appropriate sections of the Menifee Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie-outs for monuments set in public streets.
10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted
Upon receipt of said request, the City Engineer or a duly authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council.
11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider.
12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City, so the plans depict the actual Improvements constructed. When necessary, revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer.
13. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subdivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs.
14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this Agreement and in the manner required by applicable California law. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released.
15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such 5 of 9
performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shali be deemed waived and all other provisions of this Article shall remain in effect.
16. Injury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
17. Indemnification.
a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements provided, however, the foregoing indemnity shall not include the gross negligence or willful misconduct of any Indemnified Party. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements.
b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to any of the Indemnified Parties by virtue of City's approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph.
18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which documents) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control.
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19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and
20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement.
18. General Provisions.
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing party.
F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder.
G. Time is of the essence in the performance of each and every provision of this Agreement.
H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement.
I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter.
All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 7 of 9
IN WITNESS WHEREOF, Subdivider has affixed his name, address and seal.
Dated: 10/30/4 , 2025 GARBANI ROAD 134 OWNER, LLC
By: BrightSky Residential, LLC
A Delaware limited liability company
mater
Dated: _ 2025 CITY OF MENIFEE
Antel
By:
Nick Fidler, Public Works Director
CITY OF MENIFEE
By: _
Armando G. Villa, City Manager
ATTEST: APPROVED AS TO FORM:
By: _ By:
Stephanie Roseen, City Clerk Jeffrey T. Melching, City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
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CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California - 1
County of Drange }
on 10/30/2025 Ash Lyne Notary Mbir
_ before me, Here Insert name and title of the officer
Sondra Harris
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that • he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. ASH LYNE
Notary Public - California
Orange County
Commission # 2524668
Aty Comm. Expires Jun 24, 2029
Notary Public Signature (Notary Public Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, ifneeded, should be completed and attached to the document. Acknowledgments DESCRIPTION OF THE ATTACHED DOCUMENT from other states may be completed for documents being sent to that state so long as the wording does not reguire the California notary to violate California notary law.
(Title or description of attached document) • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personally appear at the time of notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this • Individual (s) information may lead to rejection of document recording. • Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. (Title) • Signature of the notary public must match the signature on file with the office of • Partners) the county clerk.
• Attorney-in-Fact Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Trustee(s) Indicate title or type of attached document, number of pages and date. • Other Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 2015 Version www NotaryClasses.com 800-873-9865
Exhibit A
SECURITY - TRACT MAP NO. 38766
STREET, DRAINAGE, WATER, RECYCLED WATER AND SEWER IMPROVEMENTS
AND SURVEY MONUMENTS
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Approved for Bonds.
CITY OF MENIFEE ENGINEERING DEPARTMENT E.S. 09/23/25
CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT MAP NO. TR 38766-Offsite DATE: 9/22/2025 IP: 25-011S/25-011SD,25-011U, 25-011SL
FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
(100% of Estimated **100% of Estimatec
IMPROVEMENTS Construction Costs) Construction Costs
Street/Drainage $ 1,404,248.85 $ 1,404,000.00 $ 1,404,000.00 *Flood Control $ 0.00 $ 0.00 $ 0.00
Dom Wtr EMWD $ 151,044.00 $ 151,000.00 $ 151,000.00
Rec Wtr EMWD $ 105,870.00 $ 106,000.00 $ 106,000.00
-
Sewer EMWDR $ 6,168.00 $ 6,000.00 $ 6,000.00
Total 1,667,330.85 $ 1,667,000.00 $ 1,667,000.00
Warranty Retention (10%) $ 166,700.00
DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do not include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).
Famille S. Jugs
9/22/2025 PROFESSIONAL
Signature Date ALE SAUCED TO.
Danielle S. Fregoso 65501 9/30/2027
Name Typed or printed RCE# Exp. Date
CIViL
THAT OF CALIFOR CALIFORNIA
Civil Engineer's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of Flood Control District letter stating cost estmate.
*** PLEASE READ INSTRUCTIONS BELOW ***
1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."
2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.
3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. If City of Menifee Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
STREET AND DRAINAGE IMPROVEMENTS
ITEM QUANTITY UNIT UNIT AMOUNT
COST
ROADWAY SECTION 1-GARBANI Area = 45,614 S.F.
Excavation
1. Projects with Grading Plan for Roadway
Area x 0.50 (hinge point to hinge point) 845 C.Y. $ 25.00 $ 21,117.59
2. Projects without a Grading Plan Cut (c) = C.Y.
Road area and side slopes to daylight Fill (f) = C.Y.
If balance, provide (a.) only, either cut or fill
If export, provide (a.)&(b.) a = fill, b = cut - fill
If import, provide (a)&(c), a = cut, c = fill - cut
(Unit costs for (a), (b), & (c) are 20% of actual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
(a.) Excavate and Fill C.Y. 0.40 $ 0.00
(b.) Excavate and Export C.Y. $ 1.10 $ 0.00
(c.) Import and Fill C.Y. 2.80$ 0.00
6" Asphalt Concrete (144 Ibs/cu.ft) 1,642 TON 90.00 $ 147,789.36 Thickness in Feet (0.50' min.) = 0.5
1,689 C.Y. 50.00 $ 84,470.37
12" Agg Base Class I
Thickness in Feet = 1
Asphalt Emulsion (Fog Seal/Paint Binder) 1.7 Ton 600000$ 1,013.64 ROADWAY SECTION 2-EVANS Area = 2,842 S.F.
Excavation
1. Projects with Grading Plan for Roadway
Area x 0.50' (hinge point to hinge point) 53 C.Y. $ 25.00 $ 1,315.74
2. Projects without a Grading Plan: Cut (c) = C.Y.
Road area and side slopes to daylight Fill (f) = C.Y
(a.) Excavate and Fill C.Y. $ 0.40 $ 0.00
(b.) Excavate and Export C.Y. $ 1.10 $ 0.00
(c.) Import and Fill C.Y. $ 2.80 $ 0.00
8" Asphalt Concrete (144 lbs/cu.ft) 137 TON $ 90.00 $ 12,338.83 Thickness in Feet (0.5' min.) = 0.67
15.5" Agg Base Class I 136 C.Y. 50.00 $ 6,789.22
Thickness in Feet = 1.29
Asphalt Emulsion (Fog Seal/Paint Binder) 0.1 Ton 600.00 $ 63.16 Cold Plane A.C. Pavement 2,357 S.F. 0.50 S 1,178.50
Cold Plane A.C. Pavement 4,470 S.F. E9 CA CA CA GA 0.50 $ 2,235.00 Remove A.C. Pavement 5,080 S.Y. 8.00 $ 40,640.00
583 S.Y 8.00 $ 4,664.00
1,774 L.F. $ 3.00 $ 5,322.00
68 L.F $ 10.00 $ 680.00
AC overlay (min. 0.17') 2,357 S.F. 0.90 $ 2,121.30
Cold plane grind and overlay (min. 0.17 4,470 S.F. 0.90 $ 4,023.00 Curb and Gutter (Type A-6 1,899 L.F. 14.00 $ 26,586.00
A.C. Dike (6")(incl. material & labor) 273 L.F. 8.00 $ 2,184.00 P.C.C. Sidewalk 11,000 S.F $ 6.00 $ 66,000.00
P.C.C. Driveway Approach 744 S.F 8.00 $ 5,952.00
ADA Access Ramp (w/ new construction) 7 1,500.00 $ 10,500.00 Concrete Apron 160 S.F 6A GA CA tA GA 10.00 $ 1,600.00
Barricades 42 L.F. 100.00 $ 4,200.00
Remove and replace curb & gutter and Driveway 240 S.F 10.00 $ 2,400.00 Grade swale 780 L.F. 2.00 $ 1,560.00
3 Rail Trail Fence Std 1304 & 1305 1,214 40.00 $ 48,560.00 DG tral with Mow Curb Std 1303 16,042 S.F. $ 1.00 $
Storm Drain Trench Backfill 4,225 S.F 4.00 $
Install Redwood header 775 L.F. 10.00 $
Relocate Power Pole 6 EA. 10,000.00 S
Street Lights (including conduit) 6 EA. 5,000.00 $
Conduit Installation Std. 1005 1900 L.F. 10.00 $
Curb Outlet Drainage Structure Std 304 1 EA. 1,500.00 $ Local Depression 60 SF 10.00 $
AC Sidewalk 2,243 S.F. 6.00 $
Is
DRAINAGE
18" R.C.P. round, arch or elliptical 58 L.F. 113.00$
24" R.C.P. round, arch or elliptical 28 L.F. 132.00$
36" R.C.P. round, arch or elliptical 317 L.F. 178.00 $
42" R.C.P. round, arch or elliptical 1160 L.F. 204.00 $ Catch Basin W=7' EA. 4,000.00 $
Catch Basin W=10' EA. 6,000.00 $
CB 110 EA. 2,500.00 $
Manhole No. 2 6 EA. 6,500.00 $
Manhole No. 4 EA. $ 6,500.00 $
8" PVC SDR 35 Drain Pipe 65 L.F. $ 83.00$
Bioclean Connector Pipe Screen 3 EA. 500.00 $
Bioclean Modular Water Quality DVERT System 3 EA. $ 2,000.00 $ Modular Wetland System MWS-L-4-4-V EA. $ 2,000.00 $
Modular Wetland System MWS-L-4-8-V EA $ 3,000.00 $
Modular Wetland System MWS-L-4-17-V 1 EA. 5,000.00 $
Remove and Dispose of existing storm drain 50 L.F. 100.00$ Concrete Slurry 100 L.F. 20.00$
SIGNING, STRIPING AND SIGNALS
Remove Thermoplastic Traffic Stripes and Markings
6" Edgeline Stripe $ 871.29
6" Double Yellow Striped Median Island, Detail 29 $
8" Thermoplastic White Stripe, Detail 38
12" Thermoplastic Stop Bar
Thermoplastic Pavement Markings
Remove, Sign, Salvage EA tA GA GA EA 650.00
Street Name Sign 550.00
Install Sign (Strap and Saddle Bracket Method)
Stop Sign & Post
A. Subtotal $
B. Administrative Contingency (20% x A)
C. CM - Inspection - LC (8%)
D Streets/Drainage Total (A+ B + C)
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
DOMESTIC WATER IMPROVEMENTS
ITEM QUANTITY UNIT UNIT AMOUNT
COST
8" Waterline PVC C-900 DR-18 100 L.F. $ 35.00 $ 3,500.00 12" Waterline PVC C-900 DR-18 1,328 L.F. 55.00 $ 73,040.00 8 Gate Valve RS 2 6A 67 69 1,340.00$ 2,680.00
12" Gate Valve RS 5 2,300.00 $ 11,500.00
4,000.00 $ 4,000.00
Temp 6' Blowoff 2 4,000.00 $ 8,000.00
1" Air and Vacuum Valve. 3 2,400.00 $ 7,200.00
12"x12"x12" Cut-in Tee 3,150.00 $ 6,300.00
12"x12"x8" Flanged Tee 1 1,500.00 $ 1,500.00
12"x12"x12" Flanged Tee 1 2,000.00$ 2,000.00
Hot Tap 12"x8" Tapping Sleeve 1 $ 3,150.00 $ 3,150.00
2 $ 1,500.00 $ 3,000.00
Subtotal $ 125,870.00
Administrative Contingency (20% x A) $ 25,174.00
Water Total (A + B) $ 151,044.00
TO HAVING SIGNED PLANS
D. 20% x C $ 30,208.80
E. [Water Total (C + D) $ 181,252.80
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
RECYCLED WATER IMPROVEMENTS
ITEM QUANTITY UNIT UNIT AMOUNT
COST
8" Waterline PVC C-900 DR-18 Purple 1,975 L.F. 35.00 $ 69,125.00 8" Gate Valve RS 1 EA. $ 1,340.00 $ 1,340.00
6" Blowoff 1 EA. 4,000.00 $ 4,000.00
1" Air and Vacuum Valve. 3 EA. $ 2,400.00 $ 7,200.00
2" Service Connection (No Meter) 2 EA. $ 2,780.00 $ 5,560.00 Removal Temp End Cap & Join 1 EA. $ 500.00 $ 500.00
Install Temp. End Cap 1 EA. $ 500.00 $ 500.00
$ $ 0000
$ 0.00
Subtotal $ 88,225.00
Administrative Contingency (20% xA) $ 17,645.00
Rec. Water Total (A + B) $ 105,870.00
TO HAVING SIGNED PLANS
D 20% × C $ 21,174.00
E. Rec. Water Total (C + D) $ 127,044.00
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
SANITARY SEWER IMPROVEMENTS
ITEM QUANTITY UNIT UNIT AMOUNT
COST
8" PVC SDR 35 Green 66 L.F. 35.00 $ 2,310.00
1 EA. $ 730.00 $ 730.00
Clean out
Tie to Existing Manhole 1 EA. $ 2,100.00 $ 2,100.00
$ 0.00
$ $ 0.00
A. Subtotal $ 5,140.00
B. Administrative Contingency (20% ×A) $ 1,028.00
C. Sewer Total (A + B) $ 6,168.00
TO HAVING SIGNED PLANS (ORD.460,
20% × C $ 1,233.60
Sewer Total (C + D) $ 7,401.60
Approved for Bonds.
CITY OF MENIFEE ENGINEERING DEPARTMENT E.S. 10/9/25
CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT MAP NO. TR 38766 DATE: 9/19/2025
IP: IP25-012S/IP25-012SD/IP25-012U
FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
(100% of Estimated (**100% of Estimated
IMPROVEMENTS Construction Costs) Construction Costs)
Street/Drainage $ 1,934,728.15 $ 1,934,500.00 $ 1,934,500.00 *Flood Control $ 0.00 $ 0.00 $ 0.00
Dom Wtr EMWD $ 416,550.00 $ 416,500.00 416,500.00
Rec Wtr $ 0.00 $ 0.00 $ 0.00
Sewer EMWD $ 293,148.00 $ 293,000.00 $ 223,000.00
Total 2,644,426.15 $ 2,644,000.00 $ 2,644,000.00
Warranty Retention (10%) $ 264,400.00
DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do not include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).
Similli S. Fug
9/19/2025 PROFESSIONAL
Signature Date AL SAUCED TRE
Danielle S. Fregoso 65501 9/30/2027
Name Typed or printed RCE# Exp. Date MATE
CIviL
OF CALIFORN
Civil Engineer's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of Flood Control District letter stating cost estmate.
** PLEASE READ INSTRUCTIONS BELOW ***
1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."
2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.
3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheel", Design Engineer is to provide his opinion of construction cost and use that cost. If City of Menifee Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used.
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
STREET AND DRAINAGE IMPROVEMENTS
ITEM QUANTITY UNIT UNIT AMOUNT
COST
ROADWAY SECTION 1 Area = 135,693 S.F.
Excavation
1. Projects with Grading Plan for Roadway
Area x 0.50' (hinge point to hinge point) 2,513 C.Y. $ 25.00 $ 62,820.83
2. Projects without a Grading Plan Cut (c) = C.V.
Road area and side slopes to daylight Fill (f) = C.V.
if balance, provide (a.) only, either cut or fill
if export, provide (a.)&(b.) a = fill, b = cut - fill
If import, provide (a)&(c), a = cut, c = fill - cut
(Unit costs for (a), (b), & (c) are 20% of actual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
(a.) Excavate and Fill C.Y. 0.40 $ 0.00
(b.) Excavate and Export : C.Y. $ 1.10 $ 0.00
(c.) Import and Fill C.Y. $ 2.80 $ 0.00
4 "Asphalt Concrete (144 Ibs/cu.ft) 3,224 TON $ 90.00 $ 290,165.91 Thickness in Feet (0.33' min.) = 0.33
6" Agg Base Class II 2,513 C.Y. 50.00 $ 125,641.67
Thickness in Feet = 0.5
Asphalt Emulsion (Fog Seal/Paint Binder) 5.0 Ton 600.00$ 3,015.40 Curb and Gutter (Type A-6) 7,873 L.F. $ 14.00 $ 110,222.00 Type "C" Curb 128 $ 12.00 $
P.C.C. Sidewalk 43,498 S.F. $ 6.00 $
P.C.C. Driveway Approach 13,698 S.F. 8.00$
ADA Access Ramp (w/ new construction) 20 EA. 1,500.00 $ Local Depression 196 SF 6A GA GA 10.00 $ 1,4000
Valley Gutter 144 SF 10.00 $
DRAINAGE
18" R.C.P. round, arch or elliptical 890 $
24" R.C.P. round, arch or elliptical 630 $
30" R.C.P. round, arch or elliptical 286 $
36" R.C.P. round, arch or elliptical 46 $
Catch Basin W=7 10 $
Catch Basin W=10 $
Catch Basin W=14' 1
Manhole No. 1 10
Manhole No. 2
Manhole No. 4
96" Dia. Stormgate Bypass Structure
Catch basin PVC drain pipe connection 1
12" PVC SDR 35 Drain Pipe 300
8" PVC SDR 35 Drain Pipe 46
Bioclean Connector Pipe Screen 12 $
Bioclean Modular Water Quality DVERT System $
Modular Wetland System MWS-L-8-24-V
Modular Wetland System MWS-L-8-16-V 60 00/6A €A
Pipe Connection 13
Storm Trap Underground Vault System 1
$
SIGNING, STRIPING AND SIGNALS
8" Thermoplastic White Stripe, Detail 38 69 L.F. $ 0.78$ 53.82 12" Thermoplastic Crosswalk & Limit Line 20 L.F. 0.97 $ 19.40 6A CA 259.92
Thermoplastic Pavement Markings 72 S.F 3.61 $
Street Name Sign 11 EA. 275.00 S 3,025.00
Install Sign (Strap and Saddle Bracket Method) 6 EA. VA tA EA 150.00 $ 900.00 Stop Sign & Post 1 EA. 250.00 $ 250.00
Pavement Marker, Reflective 19 EA $ 3.75 $ 71.25
Subtotal $ 1,511,506.37
Administrative Contingency (20% × A) 302,301.27
C. CM - Inspection - LC (8%) 120.920.51
D Streets/Drainage Total (A + B + C) 1,934,728.15
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
DOMESTIC WATER IMPROVEMENTS
ITEM QUANTITY UNIT UNIT AMOUNT
COST
8" Waterline PVC C-900 DR-18 4,106 L.F. $ 35.00$ 143,710.00 8" Waterline PVC C-900 DR-14 267 L.F. 45000$ 12,015.00
8" Gate Valve RS 33 EA. 1,340.00 $ 44,220.00
6" Fire Hydrant (Standard) 18 EA. 4,000.00 $ 72,000.00
6" Fire Hydrant (Super) 1 EA. $ 4,500.00 $ 4,500.00
6" Blowoff 1 EA. 4,000.00 $ 4,000.00
1" Air and Vacuum Valve. 4 EA. $ 2,400.00 $ 9,600.00
1" Service Connection (No Meter) 67 EA. 800.00 $ 53,600.00 1-1/2" Service Connection (No Meter) 1 EA. $ 2,480.00 $ 2,480.00 Removal of Blowoff & Join 2 EA. $ 500000 $ 1,000.00
A. Subtotal 347,125.00
B. Administrative Contingency (20% x A) $ 69,425.00
C. Vater Total (A + B) $ 416,550.00
OND AMOUNT FOR RECORDATIOI
PRIOR TO HAVING SIGNED PLANS
(ORD.460, SEC. 10.3E)
D. 20% x C $ 83,310.00
E. Water Total (C + D) 1$ 499,860.00
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
SANITARY SEWER IMPROVEMENTS
ITEM QUANTITY UNIT UNIT AMOUNT
COST
8" PVC SDR 35 Green 3885 L.F. $ 35.00$ 135,975.00
Terminus Manhole 48" 7 EA. $ 3,140.00 $ 21,980.00
Standard Manhole 48" 9 EA. $ 3,140.00 $ 28,260.00
Backwater Valve 21 EA. $ 500.00 S 10,500.00
Sewer Lateral 1883 L.F. $ 25.00 $ 47,075.00
Remove Temp. End Plug & Join 1 EA. $ 500.00 $ 50000
$ $
$ $
A. Subtotal 244,290.00
B. Administrative Contingency (20% x A) 48,858.00
C. Sewer Total (A + B) $ 293,148.00
BOND AMOUNT FOR RECORDATION
PRIOR TO HAVING SIGNED PLANS (
ORD.460, SEC. 10.3E)
D. 20% x C $ 58,629.60
E. Sewer Total (C + D) $ 351,777.60
CITY OF MENIFEE
APPROVED FOR
OFFICE OF THE CITY SURVEYOR BONDS 09/19/25 E.S.
MONUMENT BOND COMPUTATION
Garbani
Prepared by: Hunsaker & Associates
Date: 1/21/2025
MAP # 38766 SCHEDULE A MAP CHECKER
Minimum Cost Cost per Monument
Schedule "A" through "H" Maps
$2500.00* $300
Sheet# 1" IP rear/side PL Prod
2 3 14 39
4 9 31
16 32
14 27
10 1
Schedule "" Maps
Sht CL RW Int. $2500.00* $600
Total Monuments to be Bonded x Cost per Monument + 20% = Total Bond Amount 196 $300 120% = $70,560.00
() Set monuments
() Monuments will need to be recovered and/or reset at time of inspection Monument Inspection Fee $ (Deposit Based)
Submitted Monument Bond Computation to Planning Dept. Plan Check Review Date:
*Based on a crew of, 1) Registered Principal Eng. Technician, 1) Senior Eng. Technician.
AUGUST 7, 2025
Date:
Prepared by:
Pator Bath OF CALIFORNIA
REVISED 2010 Robert N. Beuschlein, L.S. 7874
1