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C13-14 Agreement(s)To Provide Security For Improvements for Tract Map/Parcel Map/Plot Plans C- (344( Rev.07/11 113 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map .3It%% 5) THIS SECURITY AGREEMENT is made and effective this irj ty of y20 13 , byand between the CITY OF BEAUMONT ("CITY") anda a aI;karytlu,- company("DEVELOPER"). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to TM/P3P/E4514)31L1b1("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights-of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one(1)year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY-approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY an irrevocable letter of credit or a performance bond issued by a corporate surety (or other security as authorized by Government Code, Section 66499) in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide an irrevocable letter of credit or a bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of"A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of"A, XV." Self-insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so, the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER,before commencing any work shall, at its own expense,maintain comprehensive commercial general and automobile liability insurance issued by a California-admitted surety company with an A.M. Best rating of no less than"A,XV"for$2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name,by endorsement,the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings,regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon fmal completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond or a letter of credit, the CITY shall release the documentary evidence and return the original to the Surety upon fmal completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of$500 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. If the CITY approves the cost estimate, the CITY shall release all performance security except for security in an amount up to 200% of the cost estimate of the remaining work; PROVIDED, HOWEVER, such partial release shall occur only when the cost estimate of the remaining work does not exceed 20% of the total original performance security. Substitute bonds or other security may be used as a replacement for the performance security, subject to the prior written approval of the CITY. (NOTE: a reduction in performance security is not, and shall not be deemed to be, an acceptance by the CITY of the completed Improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the DEVELOPER until all required Improvements have been accepted by the CITY and all other required Improvements have been fully completed in accordance with the plans and specifications for the Improvements.) f. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment shall, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security shall be released in full. 11. Security for One-Year Warranty Period. The release procedures described in paragraphs 8 and 9 above shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto,their legal representatives and their successors and assigns. 13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 14. No Assignment. The DEVELOPER may not assign this Security Agreement or any part thereof,to another without the prior written consent of the CITY. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief,to recover its reasonable attorneys' fees and costs of suit. 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF BEAUMONT By - 7A(r Mayor DEVELOPpf Y Title: U 4N AR, t1J j SR, kh(k, ?Re5kWiNii Telephone No.: (,'4) 15S - b100 Address: -2—N-2-'3 �L SEcsAllt4 CA 010-21-t S "tnac�N�t NI1 li{lu-S tEelb u S1'Nkfl\t4 11VE LAObS E tAP C.3 J1✓flsaaa MSN TS 6O nd No ?Oft70.32_ EXHIBIT"A" P' >h I ON-• 3 87=-' PERFORMANCE BOND WHAREAS, the City Council of the City of Beaumont, State of California, and Q0 - EQ -1-6,11tc (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated ()( D6Qc 15 , 20 13 , and identified as project TM P Iltt o-S, is hereby referred to and made a part hereof;and WHEREAS,Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Al(*tr.4k p--eCic1\ Siirne ObM(xthV , as Surety, are held and firmly bound unto the City of Beaumont (hefeinafter called "City"), in the Venal sum of t'1-C16•kkT'SktoASIMJD 4 00 MS- dollars ($'�1b it Q0.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the 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, its officers, agents and employees as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESWG {REOF, this instrument has been duly executed by the Principal and Surety above named,on - Ry- 15 ,20 1 3 . PRINCI' '1 Sf iv UM-es S : i\Mccv`A;IC SPCjc,1i‘t Sc)fY>,yct' By t�n1 By Qct n r4 V, NMAkin, Title • V`Qk- PKE l ZNC( Title o, CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On October 15, 2013,before me, Jose A. Tobar,Notary Public personally appeared John Arvin, 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 entities 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 o ficial seal r ,'rCom! 939zAv A.TOBAR -��/ Los Angeles County � My Comm.Ex�res Au�29,2014 4 Jose-A: l's.r Notary Public in and for said State. OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Security Agreement,City of Beaumont Re:Tournament Hills,Linksman Drive Landscaping Signer is representing: Pardee Homes Signer(s)other than named above: N/A CAPACITY CLAIMED BY SIGNER Name of Signer: John Arvin Signing as: Sr.Vice President,Pardee Homes tior--„,00 OneBeaCOtl Power of Attorney No. 2007524 NSURANCE GROUP KNOW ALL MEN BY THESE PRESENTS,that ATLANTIC SPECIALTY INSURANCE COMPANY,a New York corporation with its principal office in Minnetonka, Minnesota,does hereby constitute and appoint:Rana V.Amaya,Cheri Drain,John W.Lambdin,Richard Lauer,Jr.,Diane O'Connell,Allison J.Renz,Mark E.Taylor, each individually if there be more than one named,its true and lawful Attorney-in-Fact,to make,execute,seal and deliver,for and on its behalf as surety,any and all bonds, recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof;provided that no bond or undertaking executed under this authority shall exceed in amount the sum of:twenty-five million dollars($25,000,000)and the execution of such bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof in pursuance of these presents,shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the President,any Senior Vice President or Vice-President(each an"Authorized Officer"),may execute for and in behalf of the Company any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto;and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto;and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact. Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and,further,the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the signature of an Authorized Officer and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond,undertaking,recognizance or other written obligation in the nature thereof,and any such signature and seal where so used,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the IN WITNESS WHEREOF,ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this ninth day of October,2012. ryo° 84 SpEALF ' Patti G/ 4 1986 o By STATE OF MINNESOTA ;ry6 W YOP db' Paul H.McDonough,Senior Vice President HENNIPEN COUNTY „ „ On this ninth day of October,2012,before me personally came Paul H.McDonough,Senior Vice President of ONEBEACON INSURANCE COMPANY,to me personally known to be the individual and officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn, that he is the said officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. •t ►f iii i� r r ' NOTARYTARA PUBLICJANELIE•MINNESOTASTAFFORD My Commission Expires Jan.31,2015 60 Notary Public I,the undersigned,Secretary of ONEBEACON INSURANCE COMPANY,a New York Corporation,do hereby certify that the foregoing power of attorney is in full force and has not been revoked,and the resolutions set forth above are now in force. Signed and sealed. Dated , day of Or-1-0 cf , =y SEAL •^' ` This Power of Attorney expires `= 1986 o October 1,2014 `'~Zs•SFW YOv't a�s )1b baa, Virginia McCarthy,Secretary Power of Attorney not valid without blue border i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On October 15,2013, before me, Jose A. Tobar,Notary Public personally appeared John Arvin and Rana V. Amaya, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entities upon behalf of which the persons 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 id official seal JOSE A.TOBAR '_�. Commission* 1901939 <■�. 1, Notary Public-California z Z� "1l ,r Los Angeles County A M Comm.Ex fres Au 29,2014 Jose A. T• ••r Notary Public in and for said State. OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Subdivision Bond,City of Beaumont,CA Bond No.800007032,Tournament Hills,Linksman Drive Landscape Signers are Representing: Pardee Homes and Atlantic Specialty Insurance Company Signer(s)other than named above: N/A CAPACITY CLAIMED BY SIGNER Name of Signer(s),Signing as: John Arvin, Sr.Vice President,Pardee Homes;and Rana V.Amaya, Attorney-in-Fact,Atlantic Specialty Insurance Company -o� c mng.ia. Ott'i k•--LMV-siKk Ci ve. EXHIBIT"B" Fe rj �,0. 8'00a)7032 S`vds c( 1:11)n ZAS N A PAYMENT BOND i„, r n, 1Ct. In Wi n4 WHEREAS the City Council of the City of Beaumont, State of California, and �aC-cl,e \ 3 (hereafter designated as"the Principal")have entered into an agreement where y the Principal agrees to install and complete certain designed public improvements, which agreement, dated , 20 13 , and identified as project TM/PM/PP/CUP 104'5 is hereby referred to and made a part hereof;and WHEREAS,under the terms of the said agreement,the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred,to in Title,3 (convening wi;h Section 90 )of Part 6 of Division 4 of the Civil Code in the sum of \,)i ne -IJ c kt I h�"'�`""4�* Olio s dollars($ g 00,00 ,for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the 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 this obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on 0(-ttw)- K-- ,20 13 . PRINCI' ,1 . P• e 4o%v 'c S iii- : oh'l-k_S ijgt -1-PSUIroce Atil i V II - a10P/ By �Oh/. .L ' By flOktvt V. Atin0qa Title JY_ � re 1ecICif1\t Title -�� %AS f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On October 15, 2013, before me, Jose A. Tobar,Notary Public personally appeared John Arvin and Rana V. Amaya, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entities upon behalf of which the persons 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 s and and o ial seal JOSE A.TOBAR Commission# 1901939 /�Aloor- ■` •�! Notary Public-California z V,-#9 Los Angeles County t Mr IN ° M Comm.Expires Au 29,2014 Jose A. obar Notary Public in and for said State. _ OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Subdivision Bond,City of Beaumont,CA Bond No. 800007032,Tournament Hills,Linksman Drive Landscape Signers are Representing: Pardee Homes and Atlantic Specialty Insurance Company Signer(s)other than named above: N/A CAPACITY CLAIMED BY SIGNER Name of Signer(s),Signing as: John Arvin,Sr.Vice President,Pardee Homes;and Rana V.Amaya, Attorney-in-Fact,Atlantic Specialty Insurance Company y , Ls r-'J e.,r'"7.r II �n , yf ':(- . j_ Y ...i.. 1L't October 1, 2013 Pardee Homes 2120 Park Place, ste. 120 El Segundo, CA 90245 Attn: Ron Nugroho REF: Engineers estimate for Linksman Dr. Entry Landscaping at Tournament Hills II, Beaumont,CA. Plans prepared by: Fennell &Associates dated: August 29, 2013(Rev. 3) OPINION OF CONSTRUCTION COST Opinion of construction cost is$98,000.00. Please call with any questions. Sincerely, ire Richard Fennell RLA 2294 \.� aGr ://i 1'.V.11‘,1111%.'-,1:,114 10 214% s'IP (H(\1\\11•,-._ Fennell & Associates Landscape Architecture Planning 31928 Manzanita Lane,Lake Elsinore,CA 92532 (951)246-1064 Agenda Item Notc a . t--) STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. AGENDA DATE: DECEMBER 2,2013 SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT FOR TRACT MAP 31288-5 PARDEE HOMES LANDSCAPE IMPROVEMENTS, LINKSMAN DRIVE LOCATED IN TOURNAMENT HILLS. BACKGROUND/ANALYSIS: The applicant has requested approval of the above referenced agreement for public improvements pursuant to the conditions of approval. FISCAL IMPACT: No fiscal impact RECOMMENDATION: City Council APPROVE the proposed Improvement Agreement subject to conformance with all Conditions of Approval as approved by the Public Works Director. Respectfully Submitted, Rebecca Deming Director of Planning (L- lij c,'' ��� � ; City of Beaumont 550 East 6th Street cg _ "--`' Beaumont, California 92223 ,,, (951) 769-8520 (951) 769-8526 Fax Transmittal TO: Scott Kraus O'Reilly Automotive Stores,Inc. 233 S. Patterson Springfield,MO 65802 Date: October 16,2013 RE: Agreement to Provide Security for Improvements for Plot Plan No. 12-PP-05 The above reference item was approved by the Beaumont City Council on October 15, 2013. ' ttached a copy for your file. d/, ► you. t S elby Hanve Adminis trativt ervices 4 .:-r Rev.07/11/13 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Parcel Map/Plot Plan No.13-PP-02) THIS SECURITY AGREEMENT is made and effective this I day of 63 20 13, by and between the CITY OF BEAUMONT ("CITY") and O'Reilly Automotive Stores, inc. a company("DEVELOPER"). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to TM/PM/A'CUP 13-PP-02, ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights-of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY-approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY an irrevocable letter of credit or a performance bond issued by a corporate surety (or other security as authorized by Government Code, Section 66499) in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide an irrevocable letter of credit or a bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of"A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of"A, XV." Self-insurance shall not be considered to comply with these insurance ti specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so,the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER, before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California-admitted surety company with an A.M. Best rating of no less than"A, XV"for$2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement, the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond or a letter of credit, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of$500 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. If the CITY approves the cost estimate, the CITY shall release all performance security except for security in an amount up to 200% of the cost estimate of the remaining work; PROVIDED, HOWEVER, such partial release shall occur only when the cost estimate of the remaining work does not exceed 20% of the total original performance security. Substitute bonds or other security may be used as a replacement for the performance security, subject to the prior written approval of the CITY. (NOTE: a reduction in performance security is not, and shall not be deemed to be, an acceptance by the CITY of the completed Improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the DEVELOPER until all required Improvements have been accepted by the CITY and all other required Improvements have been fully completed in accordance with the plans and specifications for the Improvements.) f. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment shall, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security shall be released in full. 11. Security for One-Year Warranty Period. The release procedures described in paragraphs 8 and 9 above shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. of such assignment and the assignee maintains the same security requirements set forth in this Agreement. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF BEAUMONT By - ZS--7 Mayor DEVELOPER By: Scott Krau Title: Vice President of Real Estate Telephone No.: 417-862-3333 Address: 233 S. Patterson, Springfield MO 65802 Bond No. 105943546 EXHIBIT"A" PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and O'Reilly Automotive Stores,Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated , 20 ,and identified as project TM;PMOCUP12-PP-05, is hereby referred to and made a part hereof;and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the. penal sum of eighty-one thousand,eight hundred dollars ($ 81,800.Go ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the 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, its officers, agents and employees as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby' and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on August 15 ,20 13 . PRINCIP :'Refill Automotive Stores, Inc. SURETY: Travelers Casualty and Surety jompan_XttAica BY By Carolyn E. Wheeler Title 1 te,g-r'a ego Title Attorney in Fact WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Allik POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 226971 Certificate No. 005578958 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Barbara A.Thompson,Carolyn E.Wheeler,Novetta M.Anderson,Loretta M.Jones,Mary Y.Volmar,Sandra Ward,Vicki Nobinger,Kathryn W. Allen,Kellie McKinney,Tara W.Mealer,and Brian W.McCarter of the City of Knoxville ,State of Tennessee ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 29th day of July 2013 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Lmw ({ GRSUAC 6 \Pw iors/ P�.1NSUgq PNORYP: S2e'o � a J`• en iit ATf'oAs iiiliD t S a � o ��SEAL hof ��tS87LL;ebN� GE Ig to.._...y. dr '„ . 4,7/1113-•- 1, f/ •:<4.1.,"State of Connecticut By. / City of Hartford ss. Robert L.Raney, enior Vice President On this the 29th day of July 2013 ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ',rpm\ In Witness Whereof,I hereunto set my hand and official seal. 'TAR C . • My Commission expires the 30th day of June,2016. * IA * Mane C.Tetreault,Notary Public O 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 3 CALIFORNIA ALL-PURPOSEgi CERTIFICATE OF ACKNOWLEDGMENT ii State of Tennessee County of Knox iii On August 15, 2013 before me; Kathryn Allen, Notary Publiciii (Here insert name and title of the officer) lil personally appeared Carolyn E.Wheeler , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to ii the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 111 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. iii I certify under PENALTY OF PERJURY under the laws of the*IOW E (idfornia that the foregoing paragraph is true and correct. ,,,,�` RYN A, /t,#, STATE OF WITNESS my hand and official seal. .... : TENNESSEE _ NOTARY 6aL'- , i .•PUBLIC Signature of Notary c Kathryn Allen My commission pires: 2/2/2014 "Ill t i t t`' ♦ • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING TRIS FORM Any acknowledgment completed in California must contain verbiage exactly as 11 DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a qi Bond No. 105943546 document is to be recorded outside of California.In such instances,any alternative iil acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in California(i.e. certif}'ing the authorized capacity of the signer).Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document ii Number of Pages Document • Date signer(s)personally appeared before the notary public for acknowledgment. ll • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. lii lilii (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). li liE • Print the name(s) of document signer(s) who personally appear at the time of ii notarization. il CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.c. he/she/theis/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(S) information may lead to rejection of document recording. 0 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 ('Title) sufficient area permits,otherwise complete a different acknowledgment form. lli 0 Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact .:: Additional information is not required but could help to ensure this 0 Trustee(s) acknowledgment is not misused or attached to a different document. ti 0 Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a lil corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPAv12.10.07 800-873-9865 www.NotaryClasses.com EXHIBIT"B" Bond No. 105943546 PAYMENT BOND WHEREAS, the City Council of the City of Beaumont, State of California, and O'Reilly Automotive Stores,Inc. (hereafter designated as"the Principal") have entered into an agreement whereby the Principal agrees to install and complete certain designed public improvements, which agreement,dated , 20 , and identified as project TM/PMAD/CUP 12-PP-os. is hereby referred to and made a part hereof;and WHEREAS,under the terms of the said agreement,the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to in Title 3 (commencing with Section 90011) of Par!6 of Division 4 of the Civil Code in the sum of aunty-one thousand,eight hundred__ dollars(581,800.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment insurance Act with respect to this work or labor, that the 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 this obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in • any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on August 15 ,20 13 Travelers Casualty and Surety PRINCIPA - 'Reilly utomotive Stores, inc. SURETY: company of erica dek By By Carolyn E.Wheeler Title_Pr dit'-.. GES___ Title Attorney in Fact `mmoi WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Alb. POWER OF ATTORNEY TRAVELERS.1 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 226971 Certificate No. 005578957 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Barbara A.Thompson,Carolyn E.Wheeler,Novetta M.Anderson,Loretta M.Jones,Mary Y.Volmar,Sandra Ward,Vicki Nobinger,Kathryn W. Allen,Kellie McKinney,Tara W.Mealer,and Brian W.McCarter of the City of Knoxville ,State of Tennessee ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 29th day of July 2013 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company S•U ��-���tt{7��yyy . ,ry YpRE3 \NM is.., P�.1NSUgq bJpi.Y AAs SI) . I)W sIP 1• Y 7 @• 7 4../.°‘"1"1.41A j' �, P '1 ,1SSl, Ty ?°M°Afj L yr "Py , ��� P ...3„,„„„•. > W.:�µFOBAT�::'R•i ° i r� d 1982'o 1977 ,��: �l a: °1 NARTFOflD, AL/OV JE• o CONN. n e J, �p� : r % 1951 � • ;SEAL"../ o4.... LJD :° Ary da p ct"'as 4' %v., ''co �rti.••••••• L� v.•.. •'a r �s , bey �r ! `i.; ANCE is.A 1r•...... r• et . ,,P AN w,. r,,,, .-ate/ State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 29th day of July 2013 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. 1 ' , V\.030•04. w a My Commission expires the 30th day of June,2016. *0. O' * Marie C.Tetreault,Notary Public s 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT iE State of Tennessee li iF County of Knox On August 15,2013 before me; Kathryn Allen, Notary Public (Here insert name and title of the officer) ii personally appeared Carolyn E.Wheeler who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to ii the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized iii capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of li li which the person(s)acted, executed the instrument. ii: liJ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ��`e%t writ,YN 1,' $? WITNESS my hand an official seal. STATE yli NOT• CH E ii III PUBLIC Signature of Notary is Kathryn Allen (NtIIary S•eal) My commission xpires: 2/2/2014 /'/, c.�VCO eee��` • '`= .. e ADDITIONAL OPTIONAL INFORMATIONli INSTRUCTIONS FOR COMPLETING TIES FORM si Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a Bond No. 105943546 document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. certifying the authorized capacity of the signer).Please check the li (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. ii • State and County information must be the State and County where the document Number of Pages Document Datesigner(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which ii must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of li notarization. iil CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) lie/she/t#tej-is/are)or circling the correct forms.Failure to correctly indicate this ii 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 (Title) sufficient area permits,otherwise complete a different acknowledgment form. il ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ii ❑ Attorney-in-Fact Additional information is not required but could help to ensure this 0 Trustee(s) acknowledgment is not misused or attached to a different document. 0 Other iN, Indicate title or type of attached document,number of pages and date. • 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 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com CI3 /Lf _; CITY OF BEAUMONT ., ,,,, , 6, ,„,„,,,,,.,. September 4, 2013 Pardee Homes John Arvin, Sr.Vice President 2120 Park Place,Suite 120 El Segundo, CA 90245 RE: Agreement to Provide Security for Improvements For Tract Map or Parcel Map or Plot Plan 34862-1&34868-7 To whom it may concern: Enclosed please find one copy of the above referenced agreements that were approve by the Beaumont City Council at the Regular meeti : of September 3,2013. Sin rely, ( H1 Shelby Hanvey Administrative ices Man.- 550 E. 6th Street • Beaumont • CA • 92223 • Phone: (951) 769-8520 • Fax: (951) 769-8526 Rev.01/17/12 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Parcel Map/Plot Plan No. 31468-7 ) THIS SECURITY AGREEMENT is made and effective thisirc2)day of 20 13 , by and between the CITY OF BEAUMONT ("CITY") and Pardee Homes a California company("DEVELOPER"). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to TM/PM/PP/CUP 31468-7, ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights-of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1)year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY-approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY an irrevocable letter of credit or a performance bond issued by a corporate surety (or other security as authorized by Government Code, Section 66499) in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10%of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide an irrevocable letter of credit or a bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of"A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved CITY, the DEVELOPER's insurance shall be b y the written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of"A, XV." Self-insurance shall not be considered to comply with these insurance 2 specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so,the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER,before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California-admitted surety company with an A.M. Best rating of no less than"A,XV" for$2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name,by endorsement,the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond or a letter of credit, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of$350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall 3 have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. If the CITY approves the cost estimate, the CITY shall release all performance security except for security in an amount up to 200% of the cost estimate of the remaining work; PROVIDED, HOWEVER, such partial release shall occur only when the cost estimate of the remaining work does not exceed 20% of the total original performance security. Substitute bonds or other security may be used as a replacement for the performance security, subject to the prior written approval of the CITY. (NOTE: a reduction in performance security is not, and shall not be deemed to be, an acceptance by the CITY of the completed Improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the DEVELOPER until all required Improvements have been accepted by the CITY and all other required Improvements have been fully completed in accordance with the plans and specifications for the Improvements.) f. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment shall, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security shall be released in full. 11. Security for One-Year Warranty Period. The release procedures described in paragraphs 8 and 9 above shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 4 12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto,their legal representatives and their successors and assigns. 13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 14. No Assignment. The DEVELOPER may not assign this Security Agreement or any part thereof,to another without the prior written consent of the CITY. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief,to recover its reasonable attorneys' fees and costs of suit. 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF BEAUMONT By ✓� q -3- Mayor DEVEL3 ' R / By A 'L AA� Title: . n Arvin,Sr.Vice President lAP �L. 40i\ Z l Zt, SARK ft-Ake-e, , Stilt-TE 11-53 v07,4 (3ta) c\SS- 3ioa 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On July 17, 2013 , before me, Lisa M. Lawson,Notary Public personally appeared John Arvin, 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 entities 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 •, LISA M.LAWSON ! , Commission# 1889640 i' ' 2i Notary Public-California i \‘:,:7,1' Los Angeles County ( I O /4 M Comm.Ex ires May 16,2014 S. . Lawson Notary Public in and for said State. OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Improvement Agreement,City of Beaumont,CA Sundance PA 22 Tract 31468-7 sewer,streets/drainage Signer(s)other than named above: N/A CAPACITY CLAIMED BY SIGNER Name of Signer(s): John Arvin Signing as: Sr.Vice President,Pardee Homes _x)+ Sundance PA 22 EXHIBIT"A" Bond No. 82296452 Sewer, Streets/Drainage Premium $2,807.00 Pardee Job #70499005 PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated July 17 , 2013 , and identified as project TM/PM/PP/CUP 31468-7 , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Federal Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal SUM of Seven Hundred Ten Thousand,Six Hundred Thirty Six&75/100's dollars ($710,636.75 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the 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, its officers, agents and employees as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on July 17 ,2013 PRINCIPAL: SURETY: Parde= Home-j Federal Insurance Company By By Tit]- J•hn Arvin,Sr.Vice President Title Rana Amay•,Attorney-in-Fact POWER Federal Insurance Company Attn: Surety Department Grubb OF Vigilant Inl uranCe Company 15 Mountain View Road Surety ATTORNEY Pacliik Indemnity Company Warren, NJ 07059 MON Aa by These Presents,That FEDERAL INSURANCE COMPANY,an Indians corporation,VIGil Jtirfr INSURANCE COMPANY,a New York;aorpotation,end PACIf"tC DIOEMNItY COMPANY ai Wisoonsin eoppure On,t1a ertph here*cansthate.arid eppoist Tandie Qalziet, Marc Stuart, Rana AtnaYa, Wiliam A. Bryan and Steven Davison of Los Angeles,California each ass their tiue.ama kiwi lAttOrn ey-in-Faat to mew*under iamb designation in their names omits arm their corporate seats to.sod.de*wffor and on thele beta*as surelythereon of othervAse,bonds end undortakings end other obrige o,y in the ladurn:therebf'(olher than ball Lends)even Cf bresorded In the.co urse d business.and any instruments emending oraalletfng.the name,Arad onnseMsto the modifir ion oralteration-of any intiburnenrt•referred to kr said bondsor.obrigations. to Vannes Whereof;SaidittERALINSORANCE.CMAIVY.VIGILANT INSURANCE COMPANY,and PACIFIC fNr9Esmtert COMPANY have each executed and Masted ,cess pry and affixed their oo►PoraQe nasals on this 23 day of February,2007 f/ . c... , ��`. Z" ._ Edward J•may,Assists < retaary 1 j E.Altman.Vice President OF NEW _. VVVVVV STATE as. County(*Somerset On 9rts id day u,February,2007 beta:e.rane,a Notary Public,of New Jersey,persorsaycame Edward J.Refy,to me .ki awn to be AisistantSeot'atary of FEDERAL.INSURANCE COMPANY;VISMANT INSUMNSE COMPANY and PACIFIO e41 NNN'rY COMPANY.the companies which sump/Ate Paw ofA taarney,arid the said Edward J.Nervy,being ty me dulysaaram,did depose-and say that*is Mastoid Secretary of FEDERAL INSURANCE COMPANY;1 KNIJ J T INSURANCE COMPANY;and PACIFICINDEMNITYCOMPANY and knows the etirporate ems#►Brest,that the seals affixed to the foregoing Power of Attorney are.suctr tummy's nese and were thereto Axed lay authoxitfotthe Sy-Lapis of said Companies;MO that he signed said Pomo(amorrgrf as Assistant Seorelary of said Conpa les by iNce atltlloINy;.and gohn hs aaogtsa9tsped with Jamas E..AI iUa n,and knows.bim to ba Vice Premed of said Companies:awl tirstthe signature of James E. Altman,.sabsoribod.to said Power Ot Attorney is in the genuine ittmdistiling.of James E Altman,and.was therein subscribed b9' y of said ter-Laws and In deponent's presence. . II• 4441114; I 41 1;413 '41 WW1.--t4'0' .2231r.....- 2s,209 r/tdt4* 10 / ,,, ission E frsfes Nasty Pablo CERTIFICATION emoc3*craft By-Laos cf'F1:DEF.A1.NVSURANCE comPANY,votArrrersugANcEtOMPANY,and PACIFIC' ASVINI`(COMPANY: 'A ,poifeis of•ettcrirey for add on behalf*?tithe Chtnpnny May and AO his executed'bithe<narrerand awbabalfOf the Company,either by the Chairman or the Pros**or a Vice Oreeldent or.an Asalstart Vice President,birthyr•with the 5eeretary'or as Ar nim eenrennYi under their resPendes designations.The signature of such ofilcems may he'eng*paired,printed or ffthograptiad•The signature of each Of lie fol g..riffs:ihmrran,President any Vice President, any fla sl nt Vide President,any`Secr eery:any Assistant Sosareleiyand theseat eft*Company may he attired by facsimAe loony power of attorney or to any iriagpg memo appofntingAssistantsearetenescr In-Feet fir parent%ontyof eattearing and atteettog bonds aid undertetdnga and other v rilkigs obi gdtcnyIRAN nah'ire-1h ergs*addsn Nauta*Power Of attorney+tr(*Meets bearing such flasfmite stratum ar.iassie a seat stall he selid and tibia*Upon the Cosiirtll and say awadrpOWet'eh ettecUted andceittUed by*Ian facsimile signs 'end facsimile seal shall be vattd and binding upon tie CompanYeddi riaspeat toany boast rir'toradertaltheg'n Which Ws attached! 1,.EdwardJ:f ei ly,Aunt Saardary of FECERAL INSUt OVOE COMPANY,W SILANT INSURANCE COMPANY,and PACIFIC INcsoNiTY COMPANY gt,e"Companieet).do:horab7month,that CS the foregoing extract ofthe ftyL,tanosofthe Companies is lois end correct, 00 tkie.Compepbesere duly laud end euthonzed to transact surelybusiness in all 6g ci the United Stales of Ametka"sauna the Maid of Colienbia and are *Wrtzoid WWI U:s.ErieastyOdpeilihte it;lel*:Federal Mod VighiMni em ticended Iii Pi>e trnio Mettle US:Virgin elands,.and Federal Is licentied Iii Ai.net canSatribit Hiram, .each tithe PreArioessf:fes except Prince Edward Island;and {fig it afibregoirgi power of Attarnalistree,of Attorneycarndsndinfulforceand.effect '�/� Ghee under my � 'asaf raid Cows!*a l Warren,NJ thisT)/\./ 1 7)<21.0 f . ills 6,..„..e...,_,.. . / .,...,.......:_:.,• • •% ,,,) - „...,...,,t, . .I.Rer .Ass nt Secretary IN THE EVENT YOU WISH TO NOTIFY US'OF A CtAth4,.VERIFY THE AUTHEi3TnC.frY OF THIS BOND 0 T1FY US OF ANY OTHER MATTER PLEAS CO1 TACT US AT ADDRESS LISTED ABOVE,OR BY Telephone MOS)903-3493 Fair(906)908-36513 eariatk et+retj gehubb.aorn . CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On July 17, 2013 ,before me, Lisa M. Lawson,Notary Public personally appeared John Arvin and Rana Amaya, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to theyexecuted the same in their authorized capacities, and that by their signatures me thatp on the instrument the persons, or the entities upon behalf of which the persons 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. LISA M.LAWSON WITNESS my hand and official seal ti` Commission# 1889640 ►r �� Notary Public-California z i-�yiy� Los Angeles Count), ?Ivo My Comm.Ex fires May 16,2014 ' /' / isa M. Laws. Notary Public in and for said State. OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Performance Bond,City of Beaumont,CA Sundance PA 22 Tract 31468-7 sewer,streets/drainage Signer(s)other than named above: N/A CAPACITY CLAIMED BY SIGNER Name of Signer(s): John Arvin and Rana Amaya Signing as: Sr.Vice President,Pardee Homes and Attorney-in-Fact, Federal Insurance Company Sundance PA 22 EXHIBIT"B" Bond No. 82296452 Sewer, Streets/Drainage Premium: Incl. in Pardee Job #70499005 PAYMENT BOND Perf. Bond WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereafter designated as"the Principal")have entered into an agreement whereby the Principal agrees to install and complete certain designed public improvements, which agreement, dated July 17 , 2013 , and identified as project TM/PM/PP/CUP 31468-7, is hereby referred to and made a part hereof;and WHEREAS, under the terms of the said agreement,the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont 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, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code in the sum of Seven Hundred Ten Thousand,Six Hundred Thirty Six 8,75/100's dollars($710,636.75 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the 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 this obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 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,otherwise it shall be and 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 the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on July 17 ,20 13 PRINCIPAL: SURETY: Parde= Ho es Fede- nsurance Company IMA By By �` �� l Title Joh PMn,Sr.Vice President Title Rana Amaya,Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On July 17, 2013 ,before me, Lisa M. Lawson,Notary Public personally appeared John Arvin and Rana Amaya, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entities upon behalf of which the persons 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 LISA M.LAWSON Commission#t 1889640 i Notary Public-California i 14p � fp �!f/ Los Angeles County / M Comm.Ex fires May 16,2014 i . M. Laws e n Notary Public in and for said State. OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Payment Bond,City of Beaumont,CA Sundance PA 22 Tract 31468-7 sewer,streets/drainage Signer(s)other than named above: N/A CAPACITY CLAIMED BY SIGNER Name of Signer(s): John Arvin and Rana Amaya Signing as: Sr.Vice President,Pardee Homes and Attorney-in-Fact, Federal Insurance Company City o Oeaumont � . 550 E.6th Street Case No.) IS:51 Beaumont,CA 92223 Receipt No. (951)769-8520 Fee$ www.ci.beaumont.ca.us Date Paid BOND EXONORATION APPLICATION Bond Type: ❑Performance?AR-bee ['Final Monument Inspection Other: ZPL1�C ,dAFNT 1. Applicant's Name 1 AR-b ee POR Phone l i "1$S 3 1 0 0 2. Applicant's Address -2--k2-t) QPSR1< 5'v7z P ,E-l.S. Ni ,G1 L o`1S �D UMC City/State/Zip 3. Business Name Phone (3 to cCsS-31 b (If corporation or partnership application must include names of principal officers or partners) 4. Business Address-2._X2., 4P12-Y--KAM.�S Vel t E res) EL, 3t6 uvwzJ eA °O2,'1S City/St/Zip 5. Description of Bonds(including Bond Number,Tract Map/Application number, Lot number,and description of improvements covered): k)oNo*.507-5S X1(0 -VRACT 3\46%--7 SEw 1Mpeav t 6. CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and corre t �T�tt1�C 'A5 coo ri 2Z b) 3 Print Name and Sign-Applicant Date 7. Contractor shall indemnify,defend, and hold harmless the City and its officers,officials, employees and volunteers from and against any and all liability, loss,damage,expense, costs(including without limitation costs and fees of litigation)of every nature arising out of or in connection with contractor's performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested,except for such loss or damage which was cause y the active negligence of the City. Print Name and Sign-Applicant Date Sundance Tract 31468-7 Sewer Bond I/: 5025596 Pardee Job # 192213 Premium: $1693.00 EXHIBIT"A" PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement,dated January 31 , 20 07 ,and identified as project Tract 31468-7 Sewer ,is hereby referred to and made a part hereof;and WHEREAS,Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Bond Safeguard Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called"City"), in the penal sum of ** dollars ($376.291.50 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,executors and administrators,jointly and severally,firmly by these presents. **Three Hundred Seventy—Six Thousand, Two Hundred Ninety—One & 50/100's The condition of this obligation is such that if the 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, its officers, agents and employees as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. • As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on January 31 ,20 07 PRIN I' • • I SURETY: Attie Bond Sa -guard Insurance Company B Pardee Homes ` , , �YL Ke1 A. acobs Title Sr. Vice President Title Attorney, in-Fa, s' 6 POWER OF ATTORNEY A047379 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS,that BOND SAFEGUARD INSURANCE COMPANY,an Illinois Corporation with its principal office in Lombard, Illinois,does hereby constitute and appoint: James L Moore,Irene Diaz,Bonnie Kruse,Stephen T.Kazmer,Dawn L.Morgan,"""' Peggy Faust,Kelly A.Jacobs,Elaine Marcus,Jennifer J.McComb,Melissa Schmidt,Joel E.Speckman,Heather A.Beck,Tariese M.Pisciotto its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for,and on its behalf as surely,any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November,2001 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed$1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. BOND SAFEGUARD INSURANCE COMPANY insousca i COMPANY f (2....7";W BY David E.Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E.Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" MAUREEN K.AYE aureen K.Aye olf Notary Public,State of Illinois tary Public My Commission Expires 09/21/09 CERTIFICATE I,the undersigned,Secretary of BOND SAFEGUARD INSURANCE COMPANY,An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 31st Day of January ,20 07 eft iukras 9 S!i/I iga_'.�iLG ./..4 '4 CO9. MPANY $ Donald D.Buchanan Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ;ounty of Los Angeles On February 1, 2007, before me, Sherrie Jossen, Notary Public, personally appeared John Arvin, Sr. Vice President, personally known to me 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. � SHERRIEJOSSEN WITNESS myhand and official seal ( � Commission#1423346 ��'�'` Notary Public-California _‘911-7_ ,nl� los Arlg6les County My Comm.Expires Jun 9,2007 l r Sherrie Jossen Notary Public in .'d for said state. OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Performance Bond-City of Beaumont, CA Additional Information: Sundance,Tract 31468-7 Sewer Date of Document: January 31,2007 Number of Pages: 1 Signer is Representing: PARDEE HOMES Signer(s)other than named above: CAPACITY CLAIMED BY SIGNER Name of Signer: John Arvin Signing As: INDIVIDUAL x CORPORATE OFFICER TITLE: Sr.Vice President ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE • O GUARDIAN/CONSERVATOR O OTHER: THUMB PRINT 'IGHT THUMB State of Illinois } } ss. County of DuPage } On January 31,2007,before me,a Notary Public in and for said County and State,residing therein, duly commissioned and sworn, personally appeared Kelly A.Jacobs known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year stated in this certificate above. My Commission Expires 06/ /2008 l�, ' / / OFFICIAL SEAL 1 MELISSA SCHMIDT Meliss• Schmidt,Notary Public NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:06123/08 Sundance Tract 31468-7 Sewer Bond #:5025596 Pardee Job #: 192213 Premium: Included with performance bond EXHIBIT"B" BOND FOR SECURITY OF LABORERS AND MATERIALMEN WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereafter designated as"the Principal")have entered into an agreement whereby the Principal agrees to install and complete certain designed public improvements, which agreement,dated January 31 ,20 07 ,and identified as project Tract 31468-7 Sewer ,is hereby referred to and made a part hereof;and WHEREAS,under the terms of the said agreement,the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont 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, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code in the sum of ** dollars(5 376,291.50 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor,that the 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 this obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. **Three Hundred Seventy-Six Thousand, Two Hundred Ninety One & 50/100's It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 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,otherwise it shall be and 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 the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on January 31 , 20 07 PRINCIP I SURETY: AnBond Sat'eguard Insurance Company Pardee Homes 4 A. acobi F Me Sr. Vice President Title Atto y-in, r_t 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ',ounty of Los Angeles On February 1, 2007, before me, Sherrie Jossen, Notary Public, personally appeared John Arvin, Sr. Vice President, personally known to me 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. SHERRIEJOSSEN WITNESS my hand and official seal Commission#1423346 .,s; -f :e Notary Public-Callfomla !`3�"'� _Los Angeles County •J ' MyConflEXPfreSJUfl92007t Sherrie Joss Notary Public in and for said state. OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Laborers and Materialmen Bond—City of Beaumont, CA Additional Information: Sundance,Tract 31468-7 Sewer Date of Document: January 31,2007 Number of Pages: 1 Signer is Representing: PARDEE HOMES Signer(s)other than named above: CAPACITY CLAIMED BY SIGNER Name of Signer: John Arvin Signing As: INDIVIDUAL x CORPORATE OFFICER TITLE: Sr.Vice President ❑ PARTNER(S) ❑ LIMITED 0 GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE ❑ GUARDIAN/CONSERVATOR ❑ OTHER: THUMB PRINT '.IGHT THUMB State of Illinois } } ss. County of DuPage } On January 31,2007,before me,a Notary Public in and for said County and State,residing therein, duly commissioned and sworn, personally appeared Kelly A.Jacobs known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year stated in this certificate above. My Commission Expires 06/23/2 8 ' 4'0% OFFICIAL SEAL �� MELISSA SCHMIDT Melissa Schmidt,Notary Public NO?HR0t;3uC-STATE OF ILUNO!S MY COMMISSION EXP R«.J6.;aO3 } f City of Beaumont 550 E. 6th Street Case No. 13- I SLc Beaumont,CA 92223 Receipt No. (951)769-8520 Fee$ www.ci.beaumont.ca.us Date Paid BOND EXONORATION APPLICATION Bond Type: ❑Performance❑Maintena ce ❑Final Monument Inspection Other:'R;EPLAQ-E1 1. Applicant's Name PAS a P100\ Phone (,3 lc) `\S5-3i D b 2. Applicant's Address 2-V2-t) •().AR� p Sv\ITE 1? ) o ;CA C'162.415 City/State/Zip 3. Business Name kME, Phone (If corporation or partnership application must include names of principal officers or partners) 4. Business Address City/St/Zip 5. Description of Bonds(including Bond Number,Tract Map/Application number, Lot number,uand description of improvements covered): .13. 1\)0 DNrJ SO2 S5 `� TRACI \�6D' 1 ST ET J gAtt*G.' )1Afe.or NQS 6. CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true,complete,and correct.L /I'u , %5 /11•\' /a()[S Print Name and Sign—Applicant Date 7. Contractor shall indemnify,defend,and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage,expense, costs(including without limitation costs and fees of litigation)of every nature arising out of or in connection with contractor's performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested,except for such loss or damage which was cau d by the active negligence of the City. M1P`91,V-0 � c, 07zz/20i3 Print Name and Sign—Applicant Date Sundance, Tract 31468-7 Streets/Drainage Bond 'it: 5025598 Pardee Job # 192213 Premium:$6144.00 EXHIBIT"A" PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes •(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement,dated January 31 , 2007 ,and identified as project Tract 31468-7 Streets/Drainage , is hereby referred to and made a part hereof;and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Bond Safeguard Insurance Company , as Surety, are held and firmly bound unto the City of Beaumont(hereinafter called "City"), in the penal sum of *''`'` . '1''' C '=` 1 dollars ($1,365,365.1)01awful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,executors and administrators,jointly and severally,firmly by these presents. ** One Million, Three Hundred Sixty-Five Thousand, Three Hundred( Sixty-Five and 10/100's The condition of this obligation is such that if the 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, its officers, agents and employees as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on January 31 ,20 07 PRINCIPAL: SURETY: Pardee, omeili Bond Safeguard Insurance Company / I Tr i ,.. :, , . ,By A ey.. '� - , ‘07-1.--_l.. Kel y A. acob j Titlp•hn Arvin, Sr. Vice President Title Attorney -Fac, 6 POWER OF ATTORNEY AO 10900 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY,an Illinois Corporation with its principal office in Lombard,Illinois,does hereby constitute and appoint: James I.Moore,Irene Diaz,Bonnie Kruse,Stephen T.Kazmer, Dawn L.Morgan,Peggy Faust Kelly A.Jacobs,Elaine Marcus,Jennifer J.McComb,Melissa Schmidt,Joel E.Speckman********** its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for,and on its behalf as surety,any and all bonds,undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November,2001 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds,undertakings,policies,contracts of indemnity or other writings obligatory in nature of a bond not to exceed$2,000,000.00,Two Million Dollars, which the Company might execute through its duly elected officers,and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact,so appointed,may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President,and its Corporate Seal to be affixed this 7th day of November,2001. y�0 r. INSUg9Ncs00 BOND SAFEGUARD INSURANCE COMPANY O AN Z ILLINOIS m INSURANCE K COMPANY 1 / \,s............. BY ��� David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known,who being duly sworn,did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY,the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" LYDIA J. DE JONG Notary Public, State of Illinois 3: - My Commission Expires 1/12/07 j Lydia J. DeJong Notary Public CERTIFICATE I,the undersigned,Vice President of BOND SAFEGUARD INSURANCE COMPANY,An Illinois Insurance Company,DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard,Illinois this 31st day of January ,20 07 . JPPp NSUn.44,0 4Gcc 012-2t4a 0, A / O AN �o _ ILLINOISm < Donald D.Buchanan INSURANCE COMPANY Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 'ounty of Los Angeles On February 1, 2007, before me, Sherrie Jossen, Notary Public, personally appeared John Arvin, Sr. Vice President, personally known to me 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. SHERRIE JOSSEN WITNESS my hand and official seal TO Commission#'423346 7 �y�qr"��'� Notary Publlc-Calitomla r LOS gngeles County ' My Comm.Exphes Jun 9,2007 herrie Jossen ' Notary Public in !I' d for said state. OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Performance Bond—City of Beaumont,CA Additional Information: Sundance,Tract 31468-7 Streets/Drainage Date of Document: January 31, 2007 Number of Pages: 1 Signer is Representing: PARDEE HOMES Signer(s)other than named above: CAPACITY CLAIMED BY SIGNER Name of Signer: John Arvin Signing As: INDIVIDUAL x CORPORATE OFFICER TITLE: Sr.Vice President ❑ PARTNER(S) ❑ LIMITED 0 GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE ❑ GUARDIAN/CONSERVATOR ❑ OTHER: THUMB PRINT ''IGHT THUMB 0 - _ I State of Illinois } } ss. County of DuPage } On January 31.2007,before me,a Notary Public in and for said County and State,residing therein, duly commissioned and sworn, personally appeared Kelly A.Jacobs known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year stated in this certificate above. OFFICIAL SEAL My Commission Expires 06/23 008 MELISSA SCHMIDT /]/. (if���/ V NOTARY FUSUC •STATE OF ILLINOIS {� MY COMMISSION ExPiRES:06/23/08 Melissa Schmidt,Notary Public Sundance Tract 31468-7 Streets/Drainage Bond it: 5025598 Pardee Job # 192213 Premium: (Included in Performance Bond) EXHIBIT"B" BOND FOR SECURITY OF LABORERS AND MATERIALMEN WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes. (hereafter designated as"the Principal")have entered into an agreement whereby the Principal agrees to install and complete certain designed public improvements, which agreement,dated January 31 ,20 07 ,and identified as project Tract 31468-7 Streets/Drainage ,is hereby referred to and made a part hereof;and WHEREAS,under the terms of the said agreement,the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont 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, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code in the sum of ** dollars($ 1.365.365.1)jfor materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the 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 this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. ** One Million, Three Hundred Sixty—Five Thousand, Three Hundred Sixty—Five & 10/100's It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 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,otherwise it shall be and 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 the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on January 31 , 20 07 . PRINCIPAL: SURETY: Parde Hfdm-; Bond Safeguard Insurance Company n � By , 1411 --- B L O. , CA 1' j Ke ly A Jaco.s Ti John Alvin, St. Vice President Title At_torne 'n—Fact 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '.ounty of Los Angeles • On February 1, 2007, before me, Sherrie Jossen, Notary Public, personally appeared John Arvin, Sr. Vice President, personally known to me 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. ` SHERRIE JOSSEN y jJ��'J commission#1423346 WITNESS my hand and official seal "�'�l Notary Public-Califomla gngeles County ��lI► • My Comm.Expires Jun 9,2007 Sherrie Jossen Notary Public in nd for said state. OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Laborers and Materialmen Bond—City of Beaumont, CA Additional Information: Sundance,Tract 31468-7 Streets/Drainage Date of Document: January 31,2007 Number of Pages: 1 Signer is Representing: PARDEE HOMES Signer(s)other than named above: CAPACITY CLAIMED BY SIGNER Name of Signer: John Arvin Signing As: INDIVIDUAL x CORPORATE OFFICER TITLE: Sr.Vice President ❑ PARTNER(S) ❑ LIMITED 0 GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE ❑ GUARDIAN/CONSERVATOR ❑ OTHER: THUMB PRINT -'IGHT THUMB State of Illinois } } ss. County of DuPage } On January 31,2007,before me,a Notary Public in and for said County and State,residing therein,duly commissioned and sworn, personally appeared Kelly A.Jacobs known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year stated in this certificate above. My Commission Expires 06 3/2008 OFFICIAL SEAL LA emt MELISSA SCHMIDT Melissa Schmidt,Notary Public NOTARY PUPL!G STATE OF ILLINOIS MY COMMISSION EXP!RES:06?3108 Rev.01/17/12 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Parcel Map/Plot Plan No. 34862-1 ) THIS SECURITY AGREEMENT is made and effective this day of freAtit 20 13 , by and between the CITY OF BEAUMONT ("CITY") and Pardee Homes a California company("DEVELOPER"). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to TM/PM/PP/CUP 34862-1, ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights-of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1)year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY-approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY an irrevocable letter of credit or a performance bond issued by a corporate surety (or other security as authorized by Government Code, Section 66499) in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10%of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide an irrevocable letter of credit or a bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of"A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of"A, XV." Self-insurance shall not be considered to comply with these insurance 2 specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so,the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER, before commencing any work shall, at its own expense,maintain comprehensive commercial general and automobile liability insurance issued by a California-admitted surety company with an A.M. Best rating of no less than "A,XV" for$2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement,the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond or a letter of credit, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements,and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of$350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall 3 have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. If the CITY approves the cost estimate, the CITY shall release all performance security except for security in an amount up to 200% of the cost estimate of the remaining work; PROVIDED, HOWEVER, such partial release shall occur only when the cost estimate of the remaining work does not exceed 20% of the total original performance security. Substitute bonds or other security may be used as a replacement for the performance security, subject to the prior written approval of the CITY. (NOTE: a reduction in performance security is not, and shall not be deemed to be, an acceptance by the CITY of the completed Improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the DEVELOPER until all required Improvements have been accepted by the CITY and all other required Improvements have been fully completed in accordance with the plans and specifications for the Improvements.) f. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment shall, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security shall be released in full. 11. Security for One-Year Warranty Period. The release procedures described in paragraphs 8 and 9 above shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 4 12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto,their legal representatives and their successors and assigns. 13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 14. No Assignment. The DEVELOPER may not assign this Security Agreement or any part thereof,to another without the prior written consent of the CITY. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief,to recover its reasonable attorneys' fees and costs of suit. 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF BEAUMONT By .4\---J .12')Zq-343 Mayor DEVE •y; R...41., By A `' Title: I hn Arvin,Sr.Vice President PAR-bEE HORES 2-12,® ?Pock PAGE, SLAIle lZo EL SEC)-(kNc o y CA � ZJf s L3tc' SSS- Iloo 5 STATE OF CALIFORNIA } } SS COUNTY OF LOS ANGELES ) On July 10, 2013, before me, Nancy Trojan, personally appeared John Arvin , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by 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. NANCY TROJAN �, Commission# 1903865 '"."""'' Notary Public-California z �r_,. z�`"',,��,� Los Angeles County ?..- i WITNESS my ha• a and official seal. M Comm.Ex fires Sept 2.201 2014 r Signature: O L L.4 ♦ !Ii (Seal) Nanc Trojan1 o a Publi�, Sundance PA 25 EXHIBIT"A" Bond No. 23012704 Sewer, Streets/Drainage Premium $4,971.00 Pardee Job #70499022 PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated July 2 , 2013 , and identified as project TM/PM/PP/CUP 34562-1 , is hereby referred to and made a part hereof;and WHEREAS,Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Liberty Mutual Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of One Million Four Hundred Twenty Thousand One Hundred Fifty-One&10/100's dollars ($1,420,151.10 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the 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, its officers, agents and employees as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on July 2 ,2013 . PRIM i. L: f SURET • AiiiI By , Arvin By Rana V.Amaya w Title Sr.Vice President Title Attorney-in-Fact STATE OF CALIFORNIA } } SS COUNTY OF LOS ANGELES } On July 10, 2013, before me, Nancy Trojan, personally appeared John Arvin and Rana Amava , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by 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. NANCY TROJAN Commission#1903865 z 1 Notary Public-California z z _k �'" Los Angeles County WITNESS my hand and official seal. ' My Comm.Expires Sep 12 P . Signature: r (Seal) Nancy Troja otary Pu 1>< THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5369438 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, ALLISON J.RENZ,MARK E.TAYLOR,JOHN W.LAMBDIN, CHERI DRAIN,DIANE O'CONNELL,RICHARD LAUER,JR.,RANA V.AMAYA,BARBARA BAIL, all of the city of FEDERAL WAY ,state of WASHINGTON each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this PowerofAttomey has been subscribed by an authorized officerorofficial of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of May , 2012. ):1 CO �eaa xlR s�Y WSV 1„w""'kW ��gUrt4pC ��—q�� American Fire and Casualty Company "7":, mil ¢r yah Roy � n �o �� �y The Ohio Casualty Insurance Company 0 a i L�p..:,>\,.% "°ATF T� �S4= 9 ,�OR°rF Liberty Mutual Insurance Company m ,w 1:$'` SEAL. SEAL i ' 't,2 ¢l z SEAL r Peerless insurance Company 0 Y 0 &ALTY cQ0 *17'4 oT.* �y, k �, _ / �G9AkcE CO' West American Insurance Company 44NE, (V... .-� a9 By: A c STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary V 3 COUNTY OF KING O 0 0 On this 7th day of May , 2012 ,before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and v N p 2 Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peerless Insurance Company and West American Insurance Company,and that he,as such,being W d > authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c e E. u To IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. Q o 0 i. NOTA9, ; : By ; PM1/ly\ 0 C UF"C ' - KD Riley,No Public 45 O.2 ,R'A:;p' c E This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance 2 o m Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reading as follows: w w fa c d ARTICLE IV–OFFICERS–Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject ,,d p c to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, is Ery acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respectiveen n+-- powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so >-a ' x" executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under eD0 . = the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. 4.N iii fes,, ` ARTICLE XIII Execution of Contracts–SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, M 0 3 and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, c Z seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their 8 roQ respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so l0 T executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation–The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such attorney-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization–By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds,shall be valid and biding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked: rt d IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 2 day of .TU IV ,20 Q . �t,___, vS�tH3U (/.µ,.�ksu\l1!? , ----- ,4' • la;,° �� O? K.1.........); Sl'Al. v .ti {` ts �#Az David M.Carey,Assistant Secretary od oN�o a4o � ` sG �lcow 'yl h Nrass kI FHE V'` 4NCE CO POA-AFCC,LMIC,OC1C,PIC&WAIC LMS_12873 041012 Sundance PA 25 EXHIBIT"B" Bond No. 23012704 Sewer, Streets/Drainage Premium: Incl. in Pardee Job #70499022 PAYMENT BOND Perf. Bond WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereafter designated as"the Principal")have entered into an agreement whereby the Principal agrees to install and complete certain designed public improvements, which agreement, dated July 2 , 2013 , and identified as project TM/PM/PP/CUP 34862-1 , is hereby referred to and made a part hereof; and WHEREAS,under the terms of the said agreement,the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont 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, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code in the sum of one MYllnn Fare Hundred Twenty Tha,eene One Hundred FMty-0ne 67dt00Y dollars($1,420,151.10 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor,that the 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 this obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 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,otherwise it shall be and 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 the agreement or the,specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on July 2 , 20 13 . PR . 'AL: SURET Ii11 A. dr°• _. iBy•ohn Arvin Rana V.Amaya Title Sr.Vice President Title Attorney-in-Fact STATE OF CALIFORNIA } } SS COUNTY OF LOS ANGELES } On July 10, 2013, before me, Nancy Trojan, personally appeared John Arvin and Rana Amava , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by 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. ‘,„.,„_A:00,41,,q_ NANCY TROJAN it4L , • 1903865 C z z .• Notary Public-California z z '' ''r Los Angeles County WITNESS my hal • : id official seal. My Comm.Expires Sep 12,2014' Signature: _.A (Seal) Nancy T ojan,N j . Public CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Tract No.34862-1 DATE: 20-Jun-13 STREET IMPROVEMENTS QTY. UNIT ITEM UNIT COST AMOUNT Roadway Excavation 1.Projects with a grading plan area x 0.50' 2,526 C.Y. Shinge point to hinge point)(136428 st) $ 15.00 $ 37,890 2.Projects without a grading plan(road area and side slopes to daylight Cut(C)= Fill(= C.Y.(c or 0.(a.)Excavate and Fill $ 0.40, $ C.Y.(f-c) Sb.)Excavate and Export $ 1.10 $ - , c.)Import and Fill $ 2.80 $ - 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 SUnit costs for(a.),(b.)&(c.)are 20%of acrual costs to assure that work will be corrected to eliminate hazardous conditions.) - $800 S.F. Remove A.C.Pavement $ 1.00 $ 800 380 L.F. Remove Curb and Gutter(East side of Edelweiss Dr.) $ 4.00 $ 1,520 L.F. Remove A.C.Dike $ 3.00 $ - S.F. Remove Sidewalk $ 3.00 $ L.F. Sawcut&Remove Exist.A.C.Pavement $ 2.00 $ - $ $ $ $ $ $ - $ - $ - 6/20/20/3 CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Tract No.34862-1 DATE: 20-Jun-13 JSTREET IMPROVEMENTS(Cont'd.) QTY. UNIT ITEM UNIT COST AMOUNT L.F. Remove Chain Link Fence $ 2.50 $ - EA. Remove Barricade $ 200.00 $ - Asphalt Concrete- 144 lbs/cu.Ft. 3,384 TON , (On-Site SF0.33') $ 90.00_ $ 304,560 3,534 C.Y. Aggregate Base Class II(OnSite SF @ 0.67') $ 50.00 $ 176,700 Asphalt Emulsion(Fog Seal/Paint Binder) 5 TON (1 ton=240 gals)(OnSite SF) .$ 600.00 $ 3,030 agaplz at 0.05+0.03=0.08 gal/SY $ - S.F AC overlay(mm.0.10') 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.) S 0.90 $ - S.F. Remove A.C.Pavement $ 0.50 $ - L.F. Curb and Gutter(Wedge Curb) $ 8.00 $ - 1,153 L.F. Curb and Gutter(Type A-6) $ 10.00 $ 11,530 L.F. Curb and Gutter(Type A-8) $ 12.00_$ - 5,700 L.F. Type"C"Curb $ 10.00 $ 57,000 662 L.F. Type"D"Curb • $ 15.00 $ 9,930 L.F. A.C.Dike(6")(incl.material&labor) , $ 8.00, $ - L.F. A.C.Dike(8")(incl.Material&labor) . $ 10.00 $ - 5,784 S.F. P.C.C.Cross Gutter and Spandrels $ 10.00 $ 57,840 32,823 S.F. P.C.C.Sidewalk $ 6.00 $ 196,938 SF P.C.C.Drive Approach $ 8.00, $ - 16 EA. Handicapped Access Ramp $ 1,500.00 $ 24,000 EA. P.C.C.Drive Approach $ 8.00 $ • - (individual lot driveway approach per finished grading plan) S.F. Cold Plane&Overlay Exist.A.C.Paving $ 4.00 $ - S - $ - $ - 6/20/2013 CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Tract No.34862-1 DATE: 20-Jun-13 STREET IMPROVEMENTS(Cont'd.) QTY. UNIT ITEM UNIT COST AMOUNT 11 EA. Street Name Sign $ 250.00 $ 2,750 Delineators-per Caltrans Std.A73C, EA. Class 1,Type F . $ 40.00 $ - Object Markers-Modified Type F EA. Delineators,Riverside County $ 40.00 $ - L.F. Barricades $ 28.00 $ - Utility Trench,one side(Edison,Telephone,Cable) 3,920 L.F. STotal length of streets) $ 10.00 $ 39,200 L.F. Chain Link Fence(6') $ 12.00 $ - L.F. Remove Fence $ 4.00 $ - EA. Remove Power Pole $ 1,200.00 $ - EA. Street Lights(including conduit) $_ 5,000.00 $ - EA. Street Trees(15 gallon) $ 150.00 $ - L.S. . Landscape and Irrigation $ - $ - EA. Concrete Bulkhead $ 200.00 $ - C.Y. Structural Reinforced Concrete $ 400.00 $ - EA. Slope Anchors for Pipes $ 300.00 ,$ - L.F. Cut Off Wall(Std.2') $ 5.50 $ - EA. A.C.Overside Drain $ 500.00 $ - EA. Under Sidewalk Drain $ 1,800.00 $ S.F. Terrace Drains and Down Drains $ 6.50 $ - S.F. Interceptor Drains $ 6.50 $ - $ - $ - $ - $ - $ - S - S - $ - $ - S - 6/20/2013 CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Tract No.34862-1 DATE: 20-Jun-13 r– — - _ STREET IMPROVEMENTS(Cont'd.) QTY. UNIT ITEM UNIT COST AMOUNT C.Y. ,Rip Rap(1/4 Ton)Method B $ 35.00 $ - C.Y. Rip Rap(1/2 Ton)Method B $ 40.00 $ - C.Y. Rip Rap(1 Ton)Method B _$ 45.00 $ - C.Y. Rip Rap(2 Ton)Method B $ 50.00 $ - C.Y. Grouted Rip Rap(1/4 Ton)Method B $ 45.00 $ - , C.Y. Grouted Rip Rap(1/2 Ton)Method B _ $ 55.00 $ - C.Y. Grouted Rip Rap(1Ton)Method B _$ 60.00 $ - C.Y. Grouted Rip Rap(2 Ton)Method B $ 65.00 $ - 157 L.F. 18"R.C.P. $ 60.00 $ 9,420 120 L.F. 24"R.C.P. ,$ 70.00 S 8,400 L.F. 30"R.C.P. $ 80.00 $ - L.F. 36"R.C.P. $ 90.00 $ - L.F. 42"R.C.P. $ 100.00 $ - L.F. 48"RCP $ 110.00 $ - L.F. 54"RCP $ 135.00 $ - L.F. 60"RCP $ 160.00 $ - L.F. 72"RCP $ 200.00 $ - 0 0.001 $ 1.00 L.F. $ 1.00 $ - EA. H.D.P.E.Clean Out $ 400.00 $ - EA. Drain Basin $ 400.00 $ - EA. Curb Outlet $ 3,000.00 $ - EA. Fossil Filters $ 500.00 $ - EA. 18"C.M.P.Wye $ 500.00 $ - EA. Riprap Headwall $ 1,000.00 $ - EA. Concrete Collar $ 250.00 $ - EA. Outlet Structure $ 10,000.00 $ - EA. S - $ - $ - 6/2W2013 CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Tract No.34862-1 DATE: 20-Jun-13 MSTREET IMPROVEMENTS(Cont'd.) QTY. UNIT ITEM UNIT COST AMOUNT L.F. 60"C.S.P. 5 115.00 $ - EA. Catch Basin W=4' S 1,700.00 $ - 1 EA. Catch Basin W=8' $ 3,000.00 $ 3,000 1 EA. Catch Basin W= 10' $ 4,000.00 $ - 3 EA. Catch Basin W= 15' $ 5,500.00. $ 16,500 EA. Catch Basin W=21' $ 2,000.00 $ - EA. Type IX Inlet . $ 2,500.00 $ - EA. Type X Inlet $ L500.00 $ - EA. Junction Structure No. 1 S 1000.00 $ - 1 EA. Junction Structure No.2 $ 2,500.00 $ 2,500 EA. Junction Structure No.6 $ 3,700.00 S - EA. Transition Structure No. 1 $ 2,000.00 S - EA. Transition Structure No.3 S 2,700.00 5 - EA. Manhole No. 1 S 2,700.00 $ - EA. Manhole No.2 $ 3,300.00 $ - EA. Manhole No.3 $ 2,700.00 $ - EA. Manhole No.4 $ 5,000.00 $ - EA. Adjust Water Valve(if no water plan) -4 $ 150.00 $ - EA. Adjust MH to grade(if no sewer plan) $ 400.00 $ - EA. 4Headwall $ 5,000.00 $ - Remove&Dispose of Interfering 30"Storm Drain L.S. and 36"Riser $ 500.00 $ - EA. Remove&Dispose of RCB Headwall&Wingwall $ 10,000.00 $ - L.F. and Concrete Bulkhead $ 25.00 $ - EA. Outlet Structure(Line A&B) $ 5,000.00 $ - EA. Remove Existing Headwall $ 1,000.00 $ - $ - $ - $ - $ - $ - 6/20/2013 CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Tract No.34862-1 DATE: 20-Jun-13 STREET IMPROVEMENTS(Coned.) QTY. UNIT ITEM UNIT COST AMOUNT EA. Water Quality Structure $ 2,500.00 $ -- LS Concrete Inlet Apron $ 11,000.00 $ - LS _Emergency Spillway $ 27,000.00 $ - LS 84"Storm Drain Grate $ 8,500.00 $ - 1,840 SF 4'Wide V-Gutter(460 LF) $ 4.00 $ 7,360 63 LF 4"PVC Schedule 40 sleeve crossing $ 2.00 . $ 126 $ $ $ $ Subtotal: $ 7,486 A. Subtotal $ 970,994 B. Contingency(15%) $ 145,649 C. Streets/Drainage Total(A+B) $ 1,116,643 6/20/2013 CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Tract No.34862-1 DATE: 20-Jun-13 SEWER IMPROVEMENTS Show quantities on this sheet only if project has a sewer plan.If no water plan,then show applicable quantities as part of street improvements. QTY. UNIT ITEM UNIT COST AMOUNT 3,200 L.F. 4"PVC.(127 Lots @ 25'Avg.Length&5'for cleanout) $ 15.00 $ 48,000 L.F. 6"P.V.C. $ 26.00 $ - 4,939 L.F. 8"PVC $ 30.00 $ 148,170 L.F. 10"V.C.P. S 35.00 $ - L.F. 12"V.C.P. $ 40.00 $ - L.F. 15"V.C.P. $ 50.00 $ - 21 EA. Standard or Terminus Manholes $ 2,500.00 $ 52,500 EA. Drop Manholes $ 4,000.00 $ - EA. Cleanouts $ 500.00 $ - EA. Sewer Y's $ 25.00 $ - EA. Chimneys $ 300.00 $ - EA. Adjust M.H.to grade $ 340.00 $ - L.F. Concrete Encasement $ 20.00 $ - EA. 4"P.V.C.Misc.Fittings $ 120.00 $ - L.F. Sewer Pipe Sleeving $ 36.00 $ - EA. Sewer Lift Station $ - 61 EA. Backflow prevention device S 250.00 $ 15,250 S - $ A. Subtotal $ 263,920 B. Contingency(15%x A) $ 39,588 C. Sewer Total(A+ B) $ 303,508 6/20/2013 C -131� CITY OF BEAUMONT September 4, 2013 Richmond American Homes 5171 California Avenue,Suite 120 Irvine, CA 92617 RE: Agreement to Provide Security for Improvements For Tract Map or Parcel Map or Plot Plan 31468-7(Sewer/Street&Storm Drain) To whom it may concern: Enclosed please find one copy of the above referenced agreements that were approve by the Beaumont City Council at the Regular meeting of September 3, 2013. Sin ly, Shelby Hanvey Administrative 5; ices Man-; r 550 E. 6th Street • Beaumont • CA • 92223 • Phone: (951) 769-8520 • Fax: (951) 769-8526 www.ci.beaumont.ca.us Rev.07/11/13 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Parcel Map/Plot Plan No.3I4(0461) THIS SECURITY AGREEMENT is made and effective this 3r"day of -.e$ tLK' 20 , by and between the CITY OF BEAUMONT ("CITY") and c r AN ot1/4m.„ �Yur iv }-IUE'{ S a ('IA z�t�1J��I PJC-, company("DEVELOPER"). RECITALS 'fC T 3114A-7 , 1_01s 1-3,?)-4q,M-610, 117 -1`M_b ) A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to TM/PM/PP/CUP it , ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights-of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters,. sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY-approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY an irrevocable letter of credit or a performance bond issued by a corporate surety (or other security as authorized by Government Code, Section 66499) in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10%of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide an irrevocable letter of credit or a bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of"A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of"A, XV." Self-insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so,the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER, before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California-admitted surety company with an A.M. Best rating of no less than "A, XV" for$2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement, the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond or a letter of credit, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to :return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of$500 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. If the CITY approves the cost estimate, the CITY shall release all performance security except for security in an amount up to 200% of the cost estimate of the remaining work; PROVIDED, HOWEVER, such partial release shall occur only when the cost estimate of the remaining work does not exceed 20% of the total original performance security. Substitute bonds or other security may be used as a replacement for the performance security, subject to the prior written approval of the CITY. (NOTE: a reduction in performance security is not, and shall not be deemed to be, an acceptance by the CITY of the completed Improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the DEVELOPER until all required Improvements have been accepted by the CITY and all other required Improvements have been fully completed in accordance with the plans and specifications for the Improvements.) f. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment shall, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security shall be released in full. 11. Security for One-Year Warranty Period. The release procedures described in paragraphs 8 and 9 above shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives and their successors and assigns. 13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 14. No Assignment. The DEVELOPER may not assign this Security Agreement or any part thereof, to another without the prior written consent of the CITY. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF BEAUMONT By r'3 Mayor DEVELO�' R By JkiL Title: V 1 IN‘C Telephone No.: qt-i q '4(427.21 Address: Sl7I Czt-i 4-De-VIA 4 t) iTh 120 1 ) C- 9l7 EXHIBIT"A" Bond No.09026842 PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Richmond American Homes of Maryland,Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated , 20 , and identified as project TM/PM/PP/CUP 31468-7* is hereby referred to and made a part hereof;and *(Lots 1-3,8-49,88-90& 117-132) WHEREAS,Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland as Surety, are held and firmly bound unto the City of Beaumont(hereinafter called"City"), in the penal sum of Two Hundred Nineteen Thousand Two Hundred** dollars ($ 219,230.25 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,executors and administrators,jointly and severally,firmly by these presents. **Thirty and 25/100ths The condition of this obligation is such that if the 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, its officers, agents and employees as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF,this instrument has been duly executed by the Principal and Surety above named,on July 12 ,2013 . PRINCIPAL: SURETY: Richmond Jmerican Horn : of M; land Inc. Fidelity and Deposit Company of Maryland Ar By frBySXCAär C ' Title /OF Title Stacy Killebrew. Attorney-in-Fact_ EXHIBIT"B" PAYMENT BOND Bond No.09026842 WHEREAS, the City Council of the City of Beaumont, State of California, and Richmond American Homes of Maryland,Inc. (hereafter designated as"the Principal")have entered into an agreement whereby the Principal agrees to install and complete certain designed public improvements, which agreement, dated , 20 , and identified as project TM/PM/PP/CUP 31468-7* is hereby referred to and made a part hereof;and *(Lots 1-3,8-49,88-90&117-132) WHEREAS,under the terms of the said agreement,the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Two Hundred NineteenThousand Two** dollars($219,230.25 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor,that the 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 this obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. **Hundred Thirty&25/100ths It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000)of Part 6 of Division 4 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on July 12 ,20 13 • PRINCIPAL: SURETY: Richmond A erican Homes of M. land,Inc. Fidelity and Deposit Company of Maryland •a fi Title V Title Stacy Killebrew, Attorney-in-Fact ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Kathleen K.FREUND,Margarita HOLGUIN,Stacy KILLEBREW and Joseph R.POPLAWSKI,all of Denver,Colorado, EACH its true and lawful agent and Attorney-in-Fact,to make,execute, seal and deliver,for, and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 17th day of June,A.D.2013. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND o 'tea ocro fr.90 _wse e'`. BEAL 1 z 9 usa is,t ;Ii 1•42A tun ifi i - ,2) 7 ,-,7,42-- ---x 4 ,frf r(ii,oe, BY: Assistant Secretary Vice President Eric D.Barnes Thomas O.McClellan State of Maryar.,d City of Baltimore On this 17th day of June,A.D.2013,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. 9oa2 /e�Arii, , 4 Maria D.Adamski,Notary Public My Commission Expires:July 8,2015 POA-F 020-0612C CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA)SS COUNTY OF ORANGE On July 17, 2013 before me, Cera D. Enos , Notary Public, personally appeared Sondra Harris, 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 lie/she/they executed the same in his/her/their authorized capacity(ies) and that by Itis/her/weir 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. CERA D. ENOS WITNESS my hand and official seal. �: Commission # 1905368 <=�� 6 _,, Notary Public- California z z z re q, Signature z ' ''' Orange County 1 My Comm.Expires Sep 25,2014 This area for official notarial seal. My Commission Expires: September 25, 2014 Rev.07/11/13 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Parcel Map/Plot Plan No.31`{b`b 7) THIS SECURITY AGREEMENT is made and effective this'S164 day of 64-P 20 1.3 , by and between the CITY OF BEA ONT ("CITY") and Ric-Nt-1ot..1 Qn GA,N HD A24 bp M 'LA.)n) 11VL. company("DEVELOPER"). RECITALS W-90, 117-t?-) A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to TM/PM/PP/CUP ** , ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights-of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER'S offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER'S sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. ans and s. The Imrovements ll 3. Compliance with accordance with the CITYnapproved plans and specifications.be constructed and installed in strict or 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY an irrevocable letter of credit or a performance bond issued by a corporate surety (or other security as authorized by Government Code, Section 66499) in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, or a bond issued byorers and lmen. The a corporate DEVELOPER shall also provide an irrevocable letter of credit surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of"A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER'S insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of"A, XV." Self-insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so,the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER, before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California-admitted surety company with an A.M. Best rating of no less than "A, XV" for$2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement,the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond or a letter of credit, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of$500 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. If the CITY approves the cost estimate, the CITY shall release all performance security except for security in an amount up to 200% of the cost estimate of the remaining work; PROVIDED, HOWEVER, such partial release shall occur only when the cost estimate of the remaining work does not exceed 20% of the total original performance security. Substitute bonds or other security may be used as a replacement for the performance security, subject to the prior written approval of the CITY. (NOTE: a reduction in performance security is not, and shall not be deemed to be, an acceptance by the CITY of the completed Improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the DEVELOPER until all required Improvements have been accepted by the CITY and all other required Improvements have been fully completed in accordance with the plans and specifications for the Improvements.) f. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment shall, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security shall be released in full. 11. Security for One-Year Warranty Period. The release procedures described in paragraphs 8 and 9 above shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto,their legal representatives and their successors and assigns. 13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 14. No Assignment. The DEVELOPER may not assign this Security Agreement or any part thereof, to another without the prior written consent of the CITY. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief,to recover its reasonable attorneys' fees and costs of suit. 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF BEAUMONT B ✓��Z �-3- 13 y Mayor DEVEL 'ER By Title: V F o F ["P1•.1 Telephone No.: 9 9 •L to 7. 2' 9 Address: 5 r012-NIA- Vtf&- V2-01 \IZi ) CA • EXHIBIT"A" Bond No.09026841 PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Richmond American Homes of Maryland,Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated ,20 , and identified as project TM/PM/PP/CUP 31468-7*is hereby referred to and made a part hereof;and *(Lots 1-3,8-49,88-90& 117-132) WHEREAS,Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland as Surety, are held and firmly bound unto the City of Beaumont(hereinafter called"City"), in the penal sum of Eight Hundred Eleven Thousand Seven Hundred** dollars ($ 811,789.60 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,executors and administrators,jointly and severally,firmly by these presents. **Eighty Nine and 60/100ths The condition of this obligation is such that if the 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, its officers, agents and employees as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on July 12 ,2013 . PRINCIPAL: SURETY: Richmond • erican Ho• es of Ma land Inc. Fidelity and Deposit Company of Maryland By r �a� By Title Title Stacy Killebrew, Attorney-in-Fact EXHIBIT"B" PAYMENT BOND Bond No.09026841 WHEREAS, the City Council of the City of Beaumont, State of California, and Richmond American Homes of Maryland,Inc. (hereafter designated as"the Principal")have entered into an agreement whereby the Principal agrees to install and complete certain designed public improvements, which agreement,dated , 20 , and identified as project TM/PM/PP/CUP 31468-7* is hereby referred to and made a part hereof;and *(Lots 1-3,8-49,88-90&117-132) WHEREAS,under the terms of the said agreement,the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to in Title 3(commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Eight Hundred Eleven Thousand Seven** dollars($811,789.60 ),for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor,that the 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 this obligation, to be awarded and fixed by the court1 and to be taxed as costs and to be included in the judgment therein rendered. **Hundred Eighty Nine&60/100ths It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000)of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on July 12 ,2013 PRINCIPAL: SURETY: Richmond ican Ho e:of Ma land,Inc. Fidelity and Deposit Company of Maryland By �trip � 1►1 By Title Title Stacy Killebrew, Attorney-in-Fact ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Kathleen K.FREUND,Margarita HOLGUIN,Stacy KILLEBREW and Joseph R.POPLAWSKI,all of Denver,Colorado, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for, and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 17th day of June,A.D.2013. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND VAIN.r. : )P1O' y�' .mss `C+4 88AL i� 1 —. ;os NNK:N0 4c:<_, /). 7 "1-11---- --ff 4. 9f,r/(t-a. By Assistant Secretary Vice President Eric D.Barnes Thomas 0. McClellan State of Maryland City of Baltimore On this 17th day of June,A.D.2013,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS 0. MCCLELLAN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. if'i'itrit4; ' 1i��/� '''-,N,-,q :�. F 9-)taA6;...19 �� is zw ii `�f.�. Maria D.Adamski,Notary Public My Commission Expires:July 8,2015 POA-F 020-0612C CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) SS COUNTY OF ORANGE On July 17, 2013 before me, Cera D. Enos , Notary Public, personally appeared Sondra Harris, 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 Ile/she/they executed the same in Iris/her/theii' authorized capacity(ies) and that by his/her/thcir 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. CERA D.ENOS WITNESS my hand and official seal. Commission # 1905368 y 5, Notary Public-California Signatu e z ..� Orange County 1). My Comm.Expi , 2014 This area for official notarial seal. My Commission Expires: September 25, 2014 Rev.01/17/12 • AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Parcel Map/Plot Plan No. 34862-1 ) THIS SECURITY AGREEMENT is made and effective this 2nd day of July 20 13 , by and between the CITY OF BEAUMONT ("CITY") and Pardee Homes a California company("DEVELOPER"). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to TM/PM/PP/CUP 34862-1, ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights-of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey • monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively,"Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1)year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER • in connection with the Improvements. • 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY-approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY an irrevocable letter of credit or a performance bond issued by a corporate surety (or other security as authorized by Government Code, Section 66499) in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide an irrevocable letter of credit or a bond issued by a corporate surety for the security of laborers and materialmen,which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) • shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of"A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. • Best rating of"A, XV." Self-insurance shall not be considered to comply with these insurance 2 • specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so,the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER,before commencing any work shall, at its own expense,maintain comprehensive commercial general and automobile liability insurance issued by a California-admitted surety company with an A.M.Best rating of no less than"A,XV" for$2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement,the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings,regulatory proceedings, losses,expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any 410 way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond or a letter of credit, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of$350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, • including a list of work completed. Upon receipt of the written notice, the CITY shall 3 • have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. If the CITY approves the cost estimate, the CITY shall release all performance security except for security in an amount up to 200%of the cost estimate of the remaining work; PROVIDED, HOWEVER, such partial release shall occur only when the cost estimate of the remaining work does not exceed 20% of the total original performance security. Substitute bonds or other security may be used as a replacement for the performance security, subject to the prior written approval of the CITY. (NOTE: a reduction in performance security is not, and shall not be deemed to be, an acceptance by the CITY of the completed Improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the DEVELOPER until all required Improvements have been accepted by the CITY and all other required Improvements have been fully completed in accordance with the plans and specifications for the Improvements.) f. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment shall, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security shall be released in full. 11. Security for One-Year Warranty Period. The release procedures described in paragraphs 8 and 9 above shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. • 4 • 12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto,their legal representatives and their successors and assigns. 13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 14. No Assignment. The DEVELOPER may not assign this Security Agreement or any part thereof,to another without the prior written consent of the CITY. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief,to recover its reasonable attorneys' fees and costs of suit. 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. • CITY OF BEAUMONT By Mayor C./ DEVE • R.4" t By A � Title: J,hn Arvin,Sr.Vice President 2 2,o ?P\RAC ?LAM SL LZV EL SuN CA -lci-t S (,3(,0) �1STS-- I too 5 • STATE OF CALIFORNIA } SS COUNTY OF LOS ANGELES } On July 10, 2013, before me, Nancy Trojan, personally appeared John Arvin , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by 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. NANCY THOJAv t Commission# 1903865 p Notary Public-California 4 v.?i"'�,' •'R7 Angeles WITNESS my ha and official seal. z M Comm.Los County Expires Sep 12, 2014 r Signature: O L ♦ Irkit (Seal) • Nanc Trojan o a Publi Sundance PA 25 EXHIBIT"A" Bond No. 23012704 Sewer, Streets/Drainage Premium $4,971.00 Pardee Job #70499022 PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated July 2 , 2013 , and identified as project TM/PM/PP/CUP 34862-1 , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Liberty Mutual Insurance Company , as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of One Million Four Hundred Twenty Thousand One Hundred Fifty-One 810/100's dollars ($1,420,151.10 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the 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, its officers, agents and employees as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on July 2 ,2013 . PRIN, i L: i SURETY: A ' ii II ?::),/),..a____, By I Arvin By Rana V.Amaya V Title Sr.Vice President Title Attorney-in-Fact i 1 STATE OF CALIFORNIA } } SS COUNTY OF LOS ANGELES } On July 10, 2013, before me, Nancy Trojan, personally appeared John Arvin and Rana Amava , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by 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. NANCY TROJAN 40111110 Commission #1903865 Z:,-;•,// 9. Notary Public-California .*4i- z Los Angeles County WITNESS my hand and official seal. 1- - My Comm.Expires Sep 12,2014 - - - - - - -- - --- - - - - )1 Signature: (Ty A---)1N)-7' (Seal) Nancy Troja, otary Pu 1 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5369438 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,that Peerless Insurance Company is a corporation duty organized under the laws of the State of New Hampshire,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the°Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint ALLrsoN J,RENZ,MARK E.TAYLOR,JOHN W.LAMBDIN, CHERI DRAIN,DIANE O'CONNELL,RICHARD LAUER,JR.,RANA V.AMAYA,BARBARA BAIL, all of the city of FEDERAL WAY state of WASHINGTON each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this nn day of May zots American Fire and Casualty Company "o ,caa FiRe, *,,o,NSL�o ,,,wtk$ukcs..� �luaayceo ,`0 o.,4,0 The Ohio Casualty Insurance Company "Zi pour Q 1" P T a �c / `°'�•;.'F Liberty Mutual Insurance Company al y coce O `„_„F 0 --•— 0I ,i ir:�FaarKED _. x 1901 ro c a � 0 1 14,-37,,,z,KED a, ,� y, SCAT, - Peerless Insurance Company •� m ; SEAL so SEAL i �`,/ s� Q<? Wesl.AmericanlnsuranceCompany a YW SUtryco al,1 ��Oy,O*fid 4t wasp, ,-01E,- 9RNCEC- .0 44 B to CD ▪ c y Gregory W.Davenport,Assistant Secretary e 4:0STATE OF WASHINGTON ss II'0 3 COUNTY OF KING I— o w On this 7th day of May , 2012 ,before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and �,N its 7.1 Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peerless Insurance Company and West American Insurance Company,and that he,as such,being c ILI `m authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized offices C fl. Z T• o IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. Q M O _ • NO 1A9` = By: lez{/�• 0 c • ' KD Riley,No Public 3 to o c as This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and I thorizations of American Fire and Casualty Company,The Ohio Casualty Insurance t e Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reading as follows:CM 0 w al • L. Oc � L. ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject .raW pc to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, :0 E ti acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective ' C powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so >.0 y- I" executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under 041 72 tithe provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ++c +_,, ` ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, w in O b and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, O o Z " seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so IO_ executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such attorney-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and biding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. rid IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 2 day of 1 U IV ,20 12 . �G0.N,67 4�t�11484,..c ,,,,.....„44, �.SVRAN SSS miER I h \p O ap-rE , 0. �--'--- o .i' . ,a leo `t 19e1 t - By: '414/44:1/.7 n' SEA.L/ -a SEAL a Jj. 3 SEAL 4 David M.Carey,Assistant Secretary 1sGgCTy C4-*2 °,,* Hto. ,b to �e `�G��NCE£Q 4 POA-AFCC,LMIC,OCIC,PIC&WAIL LMS_12873_041012 Sundance PA 25 EXHIBIT"B" Bond No. 23012704 Premium: Incl. in Sewer, Streets/Drainage Perf. Bond Pardee Job #70499022 PAYMENT BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereafter designated as"the Principal")have entered into an agreement whereby the Principal agrees to install and complete certain designed public improvements, which agreement, dated July 2 , 2013 , and identified as project TM/PM/PP/CUP 34862-1 , is hereby referred to and made a part hereof;and WHEREAS,under the terms of the said agreement,the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont 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, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code in the sum of One Whorl Four Hundred Twenty Thousand One Hundred Fitly-One 810/100' dollars($1,420,151.10 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor,that the 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 this obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 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,otherwise it shall be and 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 the agreement or the.specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on July 2 ,20 13 . PR . "AL: i SURET iliii 1 I (...4,a/IF ,ohm Arvin By Rana V.Amaya Title Sr.Vice President Title Attorney-in-Fact �� STATE OF CALIFORNIA } } SS COUNTY OF LOS ANGELES } On July 10, 2013, before me, Nancy Trojan, personally appeared John Arvin and Rana Amava , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by 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. ,.ria, NANCY TROJAN Commission# 1903865Z Notary Public-California zLos Angeles CountyWITNESS my ha d official seal. I_.: _ _ My Comm.Expires Sep 12_2014 t S Signature: OzAb- i A A (Seal) Nancy T. ojan,N t to Public al Agenda Item No./..t. STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. AGENDA DATE: OCTOBER 1,2013 SUBJECT: APPROVAL OF FINALMAP AND3 SU862 1LOCATED IVISION AGREEMENT FOR TRACT MAP NO. NORTH OF OAK VALLEY PARKWAY & EAST OF CHERRY AVENUE BACKGROUND/ANALYSIS: The applicant has requested approval of the above referenced final tract map which consists of a total of 127 multi family residential units for condominium ownership located at Sundance. Street Improvements and other public improvements will be required pursuant to the conditions of approval and the Subdivision Agreement. FISCAL IMPACT: NONE RECOMMENDATION: Staff recommends that the City Council APPROVE the proposed final map and Subdivision Agreement subject to conformance with all Conditions of Approval as approved by the Public Works Director based on the findings that the map substantially conforms to the approved tentative tract map and is consistent with the Subdivision Map Act and the Beaumont Municipal Code. 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Please forward to the applicant and provide me a copy of the cover letter indicated that it was sent. Please note that the address of the both parties needs to be included in all agreements. (T .n. you. ft) 4 Shelby Hanvey Administrative `4 ices Mana4 � r4 Rev.01/17/12 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Parcel Map/Plot Plan No. 33096 ) THIS SECURITY AGREEMENT is made and effective this Z'1 day of /NAY 2013 , by and between the CITY OF BEAUMONT ("CITY") and K. Hovnanian's Four Seasons at Beaumont a California company("DEVELOPER"). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to TM/PM/PP/CUP 33096 , ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights-of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1)year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY-approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY an irrevocable letter of credit or a performance bond issued by a corporate surety (or other security as authorized by Government Code, Section 66499) in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10%of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, Laborers and .Materialmen. The DEVELOPER shall also provide an irrevocable letter of credit or a bond issued by a corporate surety for the security of laborers and materialmen,which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of"A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of"A, XV." Self-insurance shall not be considered to comply with these insurance 2 'I specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so,the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER,before commencing any work shall, at its own expense,maintain comprehensive commercial general and automobile liability insurance issued by a California-admitted surety company with an A.M.Best rating of no less than "A,XV"for$2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name,by endorsement,the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings,regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion andacceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond or a letter of credit, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of$350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall 3 have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. If the CITY approves the cost estimate, the CITY shall release all performance security except for security in an amount up to 200%of the cost estimate of the remaining work; PROVIDED, HOWEVER, such partial release shall occur only when the cost estimate of the remaining work does not exceed 20% of the total original performance security. Substitute bonds or other security may be used as a replacement for the performance security, subject to the prior written approval of the CITY. (NOTE: a reduction in performance security is not, and shall not be deemed to be, an acceptance by the CITY of the completed Improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the DEVELOPER until all required Improvements have been accepted by the CITY and all other required Improvements have been fully completed in accordance with the plans and specifications for the Improvements.) f. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment shall, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security shall be released in full. 11. Security for One-Year Warranty Period. The release procedures described in paragraphs 8 and 9 above shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 4 12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto,their legal representatives and their successors and assigns. 13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements,and has the authority bind the DEVELOPER hereto. 14. No Assignment. The DEVELOPER may not assign this Security Agreement or any part thereof,to another without the prior written consent of the CITY. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF BEAUMONT By l/ Mayor DEVELOPER By J Title Divis.n Preside/ 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ',*' , 7'7P✓Y.,. v--4 . "-' as.e.:ft.-,a• "4.."--.ft.' cl Pic..: _cam. '.G .7'< State of Califon County of .../i ., _a) , _ OnOn2 before me, f. It r_J' i .4 ,I ..-5----(Z-10 e ere I, ert Name and Title of the Officer personally appeared Ca.t&A.-v-1.) Name(s f Signer(s) . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a e-subscribed to the within instrument and acknowledged to me that he/slielthey executed the same in hisµ ei uthorized capacity(ies), and that by hiskten'thei:-signature(s) on the , + DEBORAH M.WILDER instrument the person(s), or the entity upon behalf of us,.,K Commission 1999459 i .a i -•,.511 Notary Public-California which the person(s) acted, executed the instrument. Z "'�''h►% Orange County + M Comm.Ex area Dec 27,2016 . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my40. -nd and official seal. Signature7-41_170_44/-4.. .. _ .J. aPir Place Notary Seal Above Signa ure 7 N..ry•ublic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ./ ' of/ Title or Type of Document: 4 ... ,_ :L Ale-gt.se. - .11.-!.........L., -.. .. A.r 409Jr • Document Date: ( lv Number o PagesG Signer(s) Other Than Named Bove: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual - ❑ Individual arporate Officer—Title(s): ❑Corporate Officer—Title(s):_ ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner—❑ Limited I=1 General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ._?... –..,,, c,.__-•<.,,'e-, Fps .—..,, A-_<s ::,,__` ski_ -f%rr�'c - " • .._....\::.._,• -�.. •._: -.z k.. ®2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 rh 1 i; a Z yin lyf� tr. .. •, ..._ Bond No. K08619864 Premium: Included with Performance Bond EXHIBIT"B" • PAYMENT BOND • WHEREAS, the City Council of the City of Beaumont, State of California, and K.Hovnanian's Four Seasons at Beaumont,LLC (hereafter designated as"the Principal') have entered into an agreement whereby the Principal agrees to install and complete certain designed public improvements, which agreement, dated April 25 ,2013 , and identified as project TM/PM/PP/CUP 33096 is hereby referred to and made a part hereof;and Four Seasons at Beaumont — Street Improvements WHEREAS,under the terms of the said agreement,the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the Coy of Beaumont 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, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Five Hundred Forty NineThoueand Trlenty Fear and 85!100 dollars($549,024.95. ),forrrfaterials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor,that the 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 this obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. • It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 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,otherwise it shall be and 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 the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition, - • IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on April 25 ,20 13 , • PRINCIPAL: K. Hovnanian's Four SURETY'Westchester Fire Insurance Company Seas.ns at Beaumont, LLC • y Joh,'Jessup By Debra Kohlman Title Division President Title Attorney—in—Fact _ y' CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT CONSTRUCTION COST WORKSHEET PARCEL MAP OR TRACT NO.: Tr 33096 Street Improvement Plans DATE: 3-Apr-13 PP,CUP NO.: BY: Tom Cannody IMPROVEMENTS FAITHFUL PERFORMANCE _--- 100% LABOR&MATERIALS SECURITY 100% (of Estimated Construction Costs) Streets/Drainage $ 549,024.95 Sewer $ - Total $ 549,024.95 Warranty Retension(22.5%) $ 123,530.61 Street/Drainage Plan Check Fees= $ 11,935.33 Sewer Plan Check Fees= $ 500.00 Street Inspection Fees= $ 19,096.52 Sewer Inspection Fees= $ 750.00 • DESIGN ENGINJF.�RS CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding,plan check and inspection costs. Above amounts do include additional 20%for recordation prior to having signed plans Above amounts do not xQ include additional 20%for recordation prior to having signed plans Engineer's Signature Date Name typed or printed Civil Engineer's Stamp FORM$UNIT COSTS REVISED 09/06 *****P.LEASE REM)INSTRUCTIONS BELOW***** 1. Quantities to be taken from improvement plans,Unit costs to be as provided on"City of Beaumont Improvement Requirement Worksheet". 2. Show Bond Amounts to the nearest$500. 3. For construction items not covered by"City of Beaumont Improvement Worksheet",Design Engineer is to provide his opinion of construction cost and use of that cost.If City of Beaumont Unit Costs are determined to be too low in the opinion of the Design Engineer,the higher costs as provided by the Design Engineer should be used. 4/24/2013 . ..... .....::„.... ..,,..::•,.........;;,:, „...,.". 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'.....'''.of the dOmttOOivealtkoP et)*Y! .pursuant to the ANYi'a corporation .. ,....,.. ,, ..-.. .:-• '.f: :.-:-: ' :-..-:-.. .., ..:::.:....''f...* all min by.ihttie:PFeseq!!' ..-.... -''''' -'.-.• Itlisaid Company on rieF.eml#II.-.-:.':.4°°$:.1,wit ..]:-' Know adopted htilh the Board 6. e:..... ,...., ..„, ...,. , ..... ... a thon tar relate to the etteesison,for end on behalf of the Cdmpsny of bonds sitdefllkingo f the Company ...• .•: '..: Resolution, -•••••:--"R''•-• •'''•• ,.-•-', •-',• .•.::.;. :-.- ?.....::. ::]i ::•':•:• ::•:::, '.:::•••. '• • • .,'...: : ".... and other written ecseetOtehi1:. . .. .. .. . '',:, .::::-.-:: i-i-•..•.: .-..:.i.'..ilt.F...q01•Vqtithet_,,ir:PliCiSVIals•.:.• • 'list(ii a'4*sitiefi:Oinu#thwin"): ::'::,:: . ' ,i•:.'. ..-:::— ib,44:6„beigrow:computei,:otder, .,...:,!:.]. ••,,........,...p:i: nntereds:kete !re..:::,.. ::.:.::::: .:':', '' ..:•:,......-:-..> authorized to execute oily Written COMIninteng, '-di-- - -".:iiiii, deritteitliieNitie lisiWit!eteeetilleCelelienY is hereby ....' '''..........':':::,•. •.•,:•'• •-::, ,..:.....' ........ tiseaeel of the Company or .....:1::::f.:;:..ftbt Ceiritaii;;ieter::. *tee)00t9-Company y°S-:4SIRensi::.Se;!.:::the574C411, that (2) Each duly SOWS*ettiftisYeS...,....,..•......44,-,-•:•...ers oy.bool'or ittaacOerserSi Val appointmenttten' .,.. _-.....:,.]. ...;, ,....i.i...,iiiii.it,i, 4.pe,C,the Sib:014,404kt of"e cOmPeny ,..,.• ..„. ssieh'Oen is radtiffei277-.7...-77 ::-.; *.....;-:::: ::• -••:.- ."i....i: •-•:.-:•-.. 1,,,,,b3,..',- ; for and on behalf of the t.:csinrinyt?ettr.?!;ioiii.-e-7. .....y.may bOepeCifiedie such rit.!!! ::...„. ...,,..:.. .......... ach ••'.. ;:::••• ••••..• •:-...' '''..t and the Veie Pitieidents of ibe CC,PanY..is""'-- i..f.0, ;Co y Of otherwise,such WntteitFeerlitrI9 , ..titietty.....,...... ..::::•:. :.:..-.. .-..-... ..:... ...,...:, .:,..........,.,..,.. .... E :of di chalovanithe P1,.84'!0 fierlitif ordie CotePenYi.iPgIgrthe mi.',•• -S.'.• -fieetipo of one or riaire Pett*tderXPStTr -.•.•:..... -•.%,:'•-' •-::•::,•' .• •. :,.•: ,:::••....... . . ....;,.,: (4) (3) f-iill7r4sveistpdeiithetLii te....,,,..°OSSlisSkiriv.1.9rbranhyd7k:'....:.typiZ6r class of YOne4':07!9."4tnt"tt•M by specification ..L.,:':::.•.,,,.._...,. ... writing %....iti.it:OP*iitile Cail010X.IiiUtiKin4-1.-.' .</•....... appal4M0k401CI!'!r'"..--777,.----..':-.* ...-.....-..-- .-:•';;: i'..-: -:.••••••-:•.:',. ...- •-•. '.-zed,for and on behalf of the Company itiiwiwirs,i::id ii;3ucia:iitter,deiesidim which specification may be by execute,for and on behalf of the Company, ...:': • iiird-Vieeliresidetiuseffite00elpenr re berebY Written Commitments ate,_____.__are spec, Ws oiiiiichiiiii*the Pteettlehl •-- de,.the Company's seal or otherwise,atieh consniltnsenta or c • ts s'''''""Y'...,..,.......... ....;.:......:; •::•:'.•': :: :.:-i• •-e..i::: ,:-....:(... ....::, general tfPe ce.:#,SiSf"inneil':•:,::•••ft. •• .i.:.'i•-•,'-''i ,,, •:.'3{•. •'.....••:i •::./... • -ordeiePliee Penitent to this Resolution,.••.,:•'., .::.,: '..•••-' .-.:::.:::ii•:.': .:.:::';:- ....'••••::''..• '':',.... :::::::'• .....:'•. .•..•.,i'i .:•'i..:- '-:•••••••:. . aid the oval ofdspCopspany,may b9 atItsntd by tacstisuleoit gilds () The si iii any Officer°.:.:*ber.„.:,....-""'"1". adeoaii%ii::: ..:::-• _...___. .;,„,,„‘,..ii ot4, o to act fiir:a04-..n biibeir Or* .5- W. coivaitioieno:.it wiiiiii#80i7r-7Resolution shall sorb.diemed lobe an.1- ,- :•::::.„ :.:1::' "'.....::;..... ' "., ..:;:f.,li':-... •:,...:: ofthepowersand alilhOnV91:PUS'employees .::-::.... '...... .:.:.....:•'.1. .;.•.;.:i.., :::::".. <:,?..:•, :::........ .1:1::,'............::::,? „„,:.:.];' fUrtKI3R RESOLVED t14 •'''FeRn?rtifaiothemeife*IhOlhteltereif.,: elf STt.ii•••••Si!..,....•:.•;,.:. :.:'..,: ' ...' '':'... ':...-... .•:''''•1 if there more than On0„...-....-: ComPany'and s4.4 R°11Iuti96'141"° '•:' •'''':••;::....•••••.'• .:.;:. '• •.: •••::.' ''....... '. . of CHICAGO Iiiiitois.a0Oh aidtvidital --.7.-..:-.--- ' • ....,. -:-. .. . y ds undertakings,recognizances, • tihd appoint. .. ........,.. .... Doescon 'hereby nOmmate,constitute...,,.... In.fact,t.:):.metristake.„ip,cutcli'lartite7sttetto'iDanhnld deliver on Its behalf,and as its act and dir-41,1;-14.1Yttaj.:dc Optialth3060h 00)and executionilt‘ ' : of such ii4,:•:'.-. illiosi:;40iiiiks 4„/MM....!v.-.v3"•!':',-.,••:,' '.' acknowledged by the regularly .aanied,i4.troo,ad lowft!!Pttorner ,....there4:iii,oeijiltics,not exceecling Twenty r vPd amply as oiii,haboodUly executed and J.:-, .„.i-:- :...:-.........., ..:•.-liOditiMet'"Wiitii,,,..t$.1011r nature1. hilt be as binding upon said Company,as frilly e!.... p. ......i,.....: •,,, .-..,:.:, •.::::::. :.:-....:„. .:.........: ,ioitingi:::111 00t.P01 .*.1"7 P°;17:'sieirii044ce, '......,... :..: .::%...."' :;'''. '' :::":: :::::: -...::: ''''.....• .::::::. ":.'....... '''-''''' '::::.:. •:'.... i.. '.:.s .:.... ' Corporate seal of the ESTCHESTERsaid..11, elected officers of*e Company 11'I Pn ....'...'biGitiaj his name atiafrixed the ..,..- ,.:,....:.::,...,:. ...-..-........ 114 WITNESS WHEREOF theFIRE INSURANCE Oiiyilili:$eisPihr 0ay 1. 0i:.Haneyf.F,o6iiiiiY--ieeiy i;if:vei 1.3 „,,,,,,,,:--, • - f:::::...• 1.?- viikr4t.z,ComitANY ..::':•::.':'---....'..:WESTCzzamTER'FIRE INS •-,,;,.. --....... ist -"-. . --, .-.....,. ::.:: ..:,.: ::..,..„ m ......,, ' ::'I': .-::::.., ii* . ' . .,3:: „::::::::- ;:'.1.'::: •:::::: ':;:::-.1.]. --.:§1 .:-::'.•:;::,.:: :-.:;-..*: ......-..;!:„.:. ...:..-.,.14:0,4'...1-01;Siiii.i.,,,:ro.:::. 6,14::: :-.•'-:.-.., ::::::..i:: :-::.•:.:..,........,:::i...,...........-:,:::::: :.1::1A:: :::',..-:: ijr4.:1 i...:::::.' ,,,.:.1• -,...::::::. ''.'.•.-i,'• .:::E.1::. '1:1: :;......!:: .'......:...-!. 3:::::: ... .. ... , .. •i'..,,,, ''.:..,,,:::::::::„.”.. ';•rz T.: ' .::'.i-:,-..... ,: • ....:-...-.... ...,...: :::.... ' ...„_....:...:" DPENNSYLVANIA COMIVIONWWTH F ... .s. .*. .... . ,.. . ...,........ .. ..,: came... . .... ...„,..„ .....,. - . Commonwealth- ANY to me executedPersoill)`"°'N'i41b *iiitiiitftiiillicie..:-.'.6-.:thii.....,,Bi1dl4,ir ''''•:',..-:1;.':' ...-.i:...;:ii :.'.... . .'';.........• of Pennsylvania in anidfortbe County,... officer. ... who ........ . ...., ...... e COUNTY OF rill'A9r4.'rHIA '. '',.:iitD:e2iltfjefii.,1pe,-016**P-40:it0...f 110. On this if::..°°Y.'4Febt4'11' Iiiiref4".:i*It FIRE INSURANCE and that the seal affixed to the preaiiiIiiiiinsti410tis*IP' °rPoratel The preceding instrument,and h.e'...t111.pvl...,r*werd e duly ii.he n.X.WIL'.0..d' thethe riliY.''..:'and 1114*.......0. Stephen . ...i:: .,.. and t solution,adopted by o of the said corporation,....,.... . ............:,....: !-•!.: ,,'.::!:.-:.-..:::.:,.......,...,.„..:. .,..:......:.......-.,,:;, ........::.....: ...:.,............ .......::...i..;:......?:,...........:......:...... .:::........,..,:. that the said corporate seal and his signature: _.y,..... ,.„. .._ . in,...,orc,0„..,, ..... Directors of • referred to in the Pree4Mg instrument,is now 1,-.„..• City -..,..-,.......... ..,......,• trii;:iiii.oim\mimic: ....-..........fPhiladelphia th IN TESTIMONY sèal at the day a11....::.d year.....1......?... ........ .. ,. WHEREOlt"I have hereunto Se Y ...........,,,: ::::' .:...,„. -,..,..m:.....:,'„, ..::.,-..::':::: :.:....:- ''.i,-,1,koht;'...;::::::::::-..:::::•."'-'..- „..-.:,..:j,,--."'-i''':;;..-.. ":.' ::::.::.::: "':::::::.:'- R.'..'i•-;::::'.-•':''''''''''H ' .-.. '''-' '..-..-•:-::: .....,:'- '-''':''''.::'''':.-f:::-.',':::: ::::-...'-;;;S:. ...--.;:i'...„-::::-..':.'' .44,?.-4„,,„,„,.._. - ,'''..,:,.'f•ri. :::'•:".''''''''''''4::',..',"..:-. . ,- , ., ..iii-,, ; ,:L..-"c„ '..J.'' i::: :"::.... '',....,.., ..;'-: :::.;"::•:: '''•'.:..-: . ,:••*.- -....:::- • ''''-....": . l'if.....; •,"'Yor414„V"t''H. .-....i: ••:•-•:.. -';'"::•• -'' ,.,' :Iva"' ' ..,`,F...:....-,... :-.--,-,......: ..:-...`: -.,::::::, ,-,'.:;.:. . ,,,'..., „,-,..i.,:,..;,...,;. :,-.-.:,.,-_• ,•.:':i--!: ,. .„::::.-..-„:: , ., .:::...'.. :•.j R7 :::::i il:::: ..;;;..::: --.&::* •1 ..':•:::i......-...4•'' .:.: -...;:,.'-:: . '.' ''''.'i''''' ,W..r+i',ivE: •',.' —.'.' :i.::.? .,. .-::;],.....,..,, : ' ''• .-:' .. .... :.:... ..:.; .... i ... .. .,. e,..sa -,::::-.*::::•.' . 4, ..f.ii ''...': :...••• J --, ..4-.4.--..•.-'rws, -`11-... • •*. ,i'.' .:. ',".,.••••,.::i-.- -•-.:,..••„.1..-?::•• *-,:::.••••:.:;:-... -••••• ....:••••:.•• :;.:•:.i.... ;••••••• .•::.'rf• ;',....::::.:-. '.:1:. .;i:::::;.•-•.T;2.-;'..---.', ......,.--0,1k...-.. - ,(..?........:.:.... .....-::.:,: --:-. ,,,,,,,,:::..,...i:- ..,-:-:toil ''..,'..:-......... -..--:!**--$0.ilt....-..,.,6...: --:::::::;.. .-:..,,:::•:.:-.:::::''- I:the.undori...•.,:.-ti•,a.,.-.:....Asio:.-..-;,..;.nt...,-,.:s•":,k,•_-.::.t•:.-..,e:•,I...w...''''..'.of,:'i•h•.•4-1.W".;-,'.'•E-.....S.:.:]::•.:;T..''0''•'••''•.';'1..•:'.-.,'i.....t..*::..,:.....'.,..R..,,.:...!.:,:-.:..•-....-'On••:•,-•..••:,i..gINSURANCE.]••••.•.-:-:... ereby of CO ' "..i...i....„...:.,..,..-....:.:.,..':......'•:''..That. .] i:.he o .:.-.r.i.i:.....',.ii tal..-..-P (...„.M....::...,..:..:..g..:.,......:i-...o.:..,'„...r...• Atl:::.:',-..„.o-......•%:..'..'_w:.. E',.y which the foregoing is*;StbO„elellY1t6'10c°11i4co 7;14in Mit.?)Melte efect' APR:1-5 013 In witness whereof i„ ,e6 .euo. ubscn.bc4no 60e as Assistant secrir:and affixed the corporateacalOf thecorpomday of ,.''.,'::.:..:;:.....„.....•-•,-:.-..:.':.:...:.•... :.-...,....-. -,• : .... ...... .:! ,... :., ....... . .„ . . ';"..,:'..-2„•'...7>'':"`-:-4''''?''; -••'-':::'• ...:::::':'•':''''''''' .::'''':''•: ::::'•'':''''. ••• . . .... ..... •-- • ."-- - - --••-•••— .-......- •....:.. •••'-•' -•- -- - . .... ..,. „..., .„. ., . :... .:. . . , !witiirkLY01.?i,•:'...' .„:'.:: . - ....:., :: •: -:-:::.:- :.•:',--:-...,::::!:. ' ::::. •,„:„ ...:„.•:, .,.:......... ........ .."... ,,,............:... ...,: , ..... :,. ...:. ....... ,. ...... ,:„ • , .., ... .„ .. , .., .... .... '::••• -• .--- :•-: ..:”. .- ••,. -:. ••-• ••„•: ...:•• ...., .::: ''`• ... ...., .., .. ,. .... ... ... . .. .. . .. . .. .. ,. .„... ... •.:. .„.. , .. - - - .::. .„:. • ..... ... . . ..,.. ., ....... :,.. ... ... . ..... .. ... . .. .. .... .......:.. . . .. . . . . . .... .„. . ... .. .... . ...• ..., ','.:: -.•:„•:. -:•:. ..„:•:::: i;.•,,i.i. ...•......„:„. ' ...., „•„:::: .,. .".„•: ......-.:::., ...„.e..:::•... .:::.• .-.„:„.,:::••• „,-•:••:-. •::.:T IS POWER OF 47-0 ..17.1. .y mAy„Np.T.ET:ys.F.D.y,;•..., rifA7..I.N•cg77.,..,:7/:i.,.:.7.i.....7...„....74„...4....7„.• Ft:177.,.4.1....-:.i.:•::2°. •••-.- - • - •• '• . „„. .:. .... :.. .....„ .., . .. ..... .. ... :. . . .. . .. .. , ..,,.. „..... , ..... :: ,, ...... ....„ ...... .., : .... .... ..,_, "••• ...- •••: •••• - •-• „.. .... .: .:.. - '•••• '• ••••• •-: '' '••••• •• "" -: -....: :.• •.:•:„ ••.:: ",..: •-.„i -..:•.::: :::. :::••.-„••-: hY ;:,• ••:::::-: ••••.•::, -:::: :,,:•.• ii.:.i.- -•:.•:-.. . i.:: ..„-„,„. . ::: ::•„:::-.. ....:„:,i, :::::. ) . .. . ... .., . . .... . .... .,.. . . ":-•:•••:•.•„:,::• - ••• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •' < . .. w, .. -.ckc- --- szo- .- cam . " State of Califor is County of —.7 / 1 On 1/1/2 [ll before me„..9. r- _ - . • ? Her Insert Name and i e'of iOir =r� ...e......,...e......, -—, •` Da personally appeared 4,10 Names)of Signer(s) r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/we subscribed to the within instrument and acknowledged to me that he ey executed the same in hisjher/teir authorized capacity(ies), and that by hisflier/thei-signature(s) on the - • M yyttp instrument the person(s), or the entity upon behalf of 40''" Commisaire!inset which the person(s) acted, executed the instrument. ~ C aiii.Ce"I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m and and official seal. Signature .✓ LdP. _ / /i Place Notary Seal Above Signature of N ,=ry Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Des •• ion of Attached Document Title or Type of .= ument: Document Date: Number of Pages: Signer(s) Other Than Named Ab.,-• Capacity(les) Claimed by Signer(s) Signer's Name: igner's Name: ❑ Individual 0 idual ❑ Corporate Officer—Title(s): 0 Corpo - Officer—Title(s):_ ❑ Partner—0 Limited 0 General RIGHTTHUMBPRINT 0 Partner— imited 0 General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER 0 Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: 0 Other: Signer Is Representing: Signer Is Representing: 611111111 f%c^ `r1a`W V4,'N�. .7,§— 1-4, .`r-vw^�`64... t=*oL _ _ ••.:,\-,w-A4.EFi -kti�t$W,,_�SoHk e2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 Bond No_ K08619864 Premium: $13,726.00/y-r EXHIBIT"A" PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and K.Hovnanian's Four Seasons at Beaumont,LLC (hereinafter designated as 'Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated April 25 ,2013 , and identified as project TM/PM/PP/CUP 33096 , is hereby referred to and made a part hereof; and Four Seasons at Beaumont -- Street Improvements WHEREAS,Principal is required under the terms of the said agreement to furnish a bond for the • faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Westchester Fire Insurance•Company , as Surety, are held and firmly bound unto the City of Beaumont(hereinafter called"City"), in the penal sum of Five Hundred Forty Nine Thousand Twenty Four and 95/100 dollars ($549,024.95 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, • successors,executors and administrators,jointly and severally,firmly by these presents. The eondjtion of this obligation is such that if the 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 he 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, its officers, agents and employees as therein stipulated, then this obligation shall became null and void; otherwise it shall be and remain in full force and effect. • As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, ' incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered. • The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive - notice of any such change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on Apr11 25 ,2013 . PRINCIPAL.: K. Hovnanian s Four SURETY: Westchester Fire Insurance Company. S—. ..o S a Beaumont, LLC • • cy Joh Jessup ByDebra Kohl.man Title Division President Title Attox .ey—in Fact . CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT CONSTRUCTION COST WORKSHEET PARCEL MAP OR TRACT NO.: Tr 33096 Street Improvement Plans DATE: 3-Apr-13 PP,CUP NO.: BY: Tom Carmody IMPROVEMENTS FAITHFUL PERFORMANCE 100% LABOR&MATERIALS SECURITY 100% (of Estimated Construction Costs) Streets/Drainage $ 549,024.95 Sewer $ - Total $ 549,024.95 Warranty Retension(22.5%) $ 123,530.61pt►t Cid 0.B„NED Street/Drainage Plan Check Fees= $ 11,935.33 ,pPP Sewer Plan Check Fees= $ 500.00 .*• c I\\; Street Inspection Fees= $ 19,096.52 /0 p Sewer Inspection Fees= $ 750.00 BY pie...' DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding,plan check and inspection costs. Above amounts do include additional 20%for recordation prior to having signed plans OQ pseeF E• S fON Above amounts do not include additional 20%for recordation prior to having signed plans C� CSR O�r��, co 0 � V-&- 3 r 40565 Engineer's Signature Date * *r Name typed or printed Civil En7:'ee? tamp FORM$UNIT COSTS REVISED 09/06 *****PLEASE READ INSTRUCTIONS BELOW***** I. Quantities to be taken from improvement plans,Unit costs to be as provided on"City of Beaumont Improvement Requirement Worksheet". 2. Show Bond Amounts to the nearest$500. 3. For construction items not covered by"City of Beaumont improvement Worksheet",Design Engineer is to provide his opinion of construction cost and use of that cost.If City of Beaumont 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. • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cr cc c�e� cc ct C -, - -. e - - - -. - - --<: e ��ccxsecc`.(-rcrcc ccwe(>, c< State of Califor 'a County of ��//� before me, . •�� � , �� >� ice.. ((( D Si ere nsert ame and Title• the•fficer personally appeared me(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ai:e-subscribed to the within instrument and acknowledged to me that he/eke/they executed the same in his/lief/their-authorized DEBORAH capacity(ies), and that by his/#erIthei signature(s) on the WM C N. instrument the person(s), or the entity upon behalf of �PIM C which the person(s) acted, executed the instrument. Comm. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m and and official s'eaall. Place Notary Seal Above Signature Ignature• No ry Puy ' 44101,,, �'. OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Descripti• - of Attached Document Title or Type of Doc b• ent: Document Date: Number of Pages:_ Signer(s) Other Than Named Ab• -: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual Individual ❑ Corporate Officer—Title(s): ❑ 'orate Officer—Title(s): ❑ Partner—❑ Limited ❑General RIGHT THUMBPRINT 0 Partn- —CI Limited 0 General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER 0 Attorney I act OF SIGNER ❑ Trustee Top of thumb here 0 Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Cons- ator ❑ Other: 0 Other: Signer Is Representing: Signer Is Representing: c=�.e=e.�e.c:c:�.c;,c.�c:c;�%u^�c�w��.�=c:�:k.�-u�.4;��:.c:�=u�c.�.�-E.c=e:�,�v^?✓v^�:�,..^�=e'�=<;�.���,^u.�:v�:�:e.�;c;���c,�c:�,�- - ®2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876 • - • • . , i I H1 _ 311#13AYJItSOMOdS t I aN"..18111—irt . _ 1,riiiiiiniligifitiltp,"="^s . 6-=--4--•:`.'7----- --wil-ii--t- I zi**- -truna,\#x • -*xi 0 .11111111141=... elAtitimarri i I ., ..._ , ,. ......s. i 7 . , .„,....1..___, ,..). , ' 1 "114.11if t --,- , ;Ai_ , . r., iis7.4:7 ki ..iiiitio . ; gr., ...... - 2 1,:lame...: ,iinilifi....,s -v 7"/ i' ) Allp'10 Ziff Al'444148 P•,--e-,> ..... • ' , imip-1 .4 -',,,,-; 4,-, i, :=1 0 L'o,-;0/7t;':r-,: -,f, ;ftf,-,..i,p.. .\--1-f.,1600474,1 et iqltt. ,i;-.1410 ,fr4i ,1P-14 -- 4. 14'S4 ,4 - Via9\'Itii n Milt Mirly,,,, ..•. „S. 4 la”' ',.. --. 747".z;;41:411iirs 111144 woo, CO • .atN 111 ....,r_..,-s4re*):;:yq4,- 1 gr.1_g"0 ,' ),....,--\ , 4.•••'4:4,,= 1"min !IAA. 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Ritfillk %,,,ii,..,1" .... or,, CO _..........emel 21EL........ i Z < M 1. • = Imimm 0O .ji.'.1,',.c.:..'1.tml '2',.:•.,.....--1:4'U,.,.,!:', ,-,), SNIP um g ....4.,, „1.., 2 • . . -- % ..:•-: r-- . iii. . .,.. < . . 1,... .i.„ ... .... .... 1 _ . .._ rirTitm . ._,____ ••:.-1, z . • ,,.._, g.,, ' ';, ., • '-1W I-....,,, =112 ut, Li 1 , ,i,,,,1'I/y r7,,,,-7---..-••-• , 7/://MtP:1.- • , ,* -!' ,'C., f-riz A-,.. - : , f-' .'. p, ! i i i I , • 0 . . . I • .6 1 II . • Rev.01/17/12 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Parcel Map/Plot Plan No. 33096 ) THIS SECURITY AGREEMENT is made and effective this Z' day of Mit f 20 1,3 , by and between the CITY OF BEAUMONT ("CITY") and K. Hovnanian's Four Seasons at Beaumont, a California company("DEVELOPER"). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to TM/PM/PP/CUP 33096 , ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights-of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER'S offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1)year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY-approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY an irrevocable letter of credit or a performance bond issued by a corporate surety (or other security as authorized by Government Code, Section 66499) in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10%of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide an irrevocable letter of credit or a bond issued by a corporate surety for the security of laborers and materialmen,which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of"A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of"A, XV." Self-insurance shall not be considered to comply with these insurance 2 specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so,the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER,before commencing any work shall, at its own expense,maintain comprehensive commercial general and automobile liability insurance issued by a California-admitted surety company with an A.M. Best rating of no less than"A,XV"for$2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement, the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond or a letter of credit, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of$350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall 3 have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. If the CITY approves the cost estimate, the CITY shall release all performance security except for security in an amount up to 200%of the cost estimate of the remaining work; PROVIDED, HOWEVER, such partial release shall occur only when the cost estimate of the remaining work does not exceed 20% of the total original performance security. Substitute bonds or other security may be used as a replacement for the performance security, subject to the prior written approval of the CITY. (NOTE: a reduction in performance security is not, and shall not be deemed to be, an acceptance by the CITY of the completed Improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the DEVELOPER until all required Improvements have been accepted by the CITY and all other required Improvements have been fully completed in accordance with the plans and specifications for the Improvements.) f. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment shall, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security shall be released in full. 11. Security for One-Year Warranty Period. The release procedures described in paragraphs 8 and 9 above shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 4 12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto,their legal representatives and their successors and assigns. 13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements,and has the authority bind the DEVELOPER hereto. 14. No Assignment. The DEVELOPER may not assign this Security Agreement or any part thereof,to another without the prior written consent of the CITY. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief,to recover its reasonable attorneys' fees and costs of suit. 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF BEAUMONT By Mayor G DEVELOPER By � Title' Divisi• President 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Q,,.� �j• -;--A %..— _ - y�.o,:.-.v-.,„= -.c. —. .v,,tD SI.•.v,..'7,1,.7`oa oi‹'' - .- —.,•4V-7� %C :`.'G ', :`',G-f State of Califor ' County of <l(l On Itbefore me, 4 /AL. e d ,/i °L A ..,., gate e:Ins=rt Name and Title of the•' er personally appeared N e s)of Slgner(s) , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are-subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his authorized 161161"646.8"."."6-6-4-16"64.4-161,:7:0,.., capacity(ies), and that by his/her/their-signature(s) on the DEBORAH M.WILDER instrument the person(s), or the entity upon behalf of - Commission#199945which the person(s) acted, executed the instrument. =8+�,,._,ir Notary Public-California •�s` 'y' orange county j'' My Comm.Expires Dec 27,2016+ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myyhhand and official seal. Signature re_i_h%i_i_ /i Place Notary Seal Above / Signature of Not- Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: , ._ '�.���� �' =/�',i .r Document Date: c 5-1--/ 1 Number of Pages:_ 1 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name.-- ILYI./ Signer's Name: ❑ Individual 0 / ❑ Individual —6orporate • icer—Title(s): lZ 0 Corporate Officer—Title(s): ❑ Partner—0 Limited 0 General RIGHT THUMBPRINT 0 Partner—0 Limited 0 General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER 0 Attorney in Fact OTop off SIGNb here ER Top of thumb here 0 Trustee thum i=i Trustee ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: 0 Other: Signer Is Representing: Signer Is Representing: ..^�c •uw k, ,__ �<,. �c�4:.1 ,e —A,� -- ,•- _ e n=v :�<,. .e.. ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 Bond No. K08619943 Premium: Included w/ Performance Bond EXHIBIT"B" PAYMENT BOND WHEREAS, the City Council of the City of Beaumont, State of California, and K.Hovnanian's Four Seasons at Beaumont,LLC (hereafter designated as"the Principal")have entered into an agreement whereby the Principal agrees to install and complete certain designed public improvements, which agreement, dated April 25 , 2013 , and identified as project TM/PM/PP/CUP 33096 , is hereby referred to and made a part hereof; and Four Seasons at Beaumont — sewer Improvements WHEREAS, under the terms of the said agreement,the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont 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, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code in the sum of One Hundred Forty Seven Thousand Five Hundred Ffty&75/100 dollars($147,550.75, ), for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the 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 this obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 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,otherwise it shall be and 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 the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on April 25 , 20 13 PRINCIPAL: K. Hovnanian's Four SURETY:Westchester Fire Insurance Company S-,•s;ns at Beaumont, LLC /✓���' a/^�"'' `-- y John Jessup By Debra Kohlman Title Division President Title Attorney—in—Fact ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS COUNTY OF COOK On APR 2 5 2013 , before me, a Notary Public in and for the above county, personally appeared Debra Kohlman to me personally known, who, being by me duly sworn, did state that he/she is Attorney-in-Fact of Westchester Fire Insurance Company, a corporation organized and existing under the laws of the State of Pennsylvania that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by her voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. OFFICIAL SEAL IA/ MAA12e/` — NICOLE KUBENA NOTARY PUBLIC.STATE OF ILLINOIS Notary Public MY COMMISSION EXPIRES 07/15/2016 COOK County.ILLINOIS II riii,,,,,,, '-' 1111- Power p " • '.ESTCH:ESTE.R FIRE INSURANCE COMPANY Attorney Know all splen by ibese presents That WI STCH'ES TERR PIItE INSURANCE COMPANY,a corporation of the.Commonwealth ol'Pennsylvatiia pursuant to the f°•-.11°' w.1•••14.: Rsaaiutton,adopted by•the„..40,,,,,,,..: Board*1'Directors oI'the said Company on December 11,2006,to wit; RESOLVED,that arc folimwstg but onzanms relate to the execmaioa,for on behalf of the Company of bonds.enderiaksngf rorogmzwicos,cattreca and other wrigen conumtments of the Company mate t+mo 1'!l.at it+arY c4w>;e 0ft't smess(each a"WIl te.4:e°"*.tmeni." (t)• * Eads of tlta Cheirritan.the preeelee l and the Viae Pmsidente'pfihe Company a hereby authorized to exocmae any Written Commuum•ea for niton behdfaf tto Company,:imder au seal of the Company or Otle!M?all. (2) Scads duty anted an nay-m4aci uf.•dle Company ss hereby automat to macule sty written Commitment for and on bebtlf of the Company under the�keal of the Company or.otherwtse,to the extent that stieh*onion is eutkonzed by#u:grail of powers,provided for in such persons written nppanhnent as such attorney in-fact. (3) Each ofdkeC7talmnas,Oma Prmidmst and the Vlee President of the Company n hereby authorized for and on behalf of the Company to appoint nn writing any person y ha..Iorney-in fact ofthe Company with full power and austanty•to exec•ute nor and sat behalf ofthe Company under the see)ettha;Company or otherwise.such Wnttc i CammdMmants ofthe Ccmpiny as maybe. ... .d in ouch written a if-ire nment;'whid ipecrfimion many be•by ggenerit typeor class of Wr• itten Cmmrdtsnrnts or by spec fiwtian of one or more peibcula�r Written Com utrn inns (4) Each of the Chatmatt,the Presiddntard.Vice Presidents of.the Company Iii hereby au tzed for and°.',1.behalf of the Company,to detegeteip wrY. iting any other officer of the Company she'attroetty to .. execute,for ha on ba uif of the Cormnaq,aider the Company's seal or otherwise,such'Written Commments of the Company as are spacifIed in,suck written delegation,which specification may be by generltypeorchs pfwrirten;Cgmmitmmtsirbyapeeifanionofoneot+noropattcular!e. Commitments (5) The osgrnakee of any efliicar or deer pe,aan execaudg any Written Comms n ant or appginiruptt or delegaation pursuant to this Resolutoa,anddhe sed of the•Company.:may be affuad by•faaimile on•suds Wtittart Canmlmuntar unites Wpomtmxntor:dalegadort' FURTHER RESO•LVE•D tha•t the f•oregoing it6eduaoa shall not be deemed to be an exclusnwe satoment of the powers and saho,ity ttfoHi4ars employees and other persons to set for std on behalf efts Company.and such Rtueiati n stall not limn of of eswlse airect She exe''''''4...'....3.!'!'..::"........,._.,...:..__.,h.„..,,,,,,,of authority otherwise validly granted or reeled Does hereby nominate,constitute and appoint Christine Marotta Debra Ifoidman,a{3 of the City of CHICAGO,Illinois;each ndividually;:if there be more than one named,its true and lawful attorney-in-fact,to maks execute,seal and deliver:on its behalf,and as its act and deed any and all bonds,undertakings,recogniz meas, contracts and other writings in the nature•thereof in penalties not exceeding Twenty Five million dollars&zero cents($25 0©0,000 0Opand the execution of such Writings m parsraancC ti these presents shall be'L.bind"utg upon said Company,as furry Rid artrp1-...5.)1,611,......1.!i.. y as if they had been duly executed snit acknowledged by the regularly elected officers of the Company at its principal office, IN WITNESS WHEREOF,the said Stephen...'.•.......):;i'...,,', IvM: Haney,.Vice-president,has hereunto subscribed his name acid affixed ttie Corporate seal of the said`WESTCHESTER FIRE INSURANCE COMPANY this 11.4 ay:of February 2011. WESTCIIEST".FIRE I1�1SUURANCE COMPANY J.t r.0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this I l day;of February,AD:2011 berate me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia carie Stephen M.Haney,Vice President of•the WESTCHESTER FIREiisaN RANCE COMPANY ted met personally ki own to be the individual Arid officer who executed the preceding instrument,'liitai he•acknowledged that tie•executed the sang and that tits:seal atlixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors of said Company,referred to in the preceding•instrument,"is stow'kr,:orce IN TESTIMONY WHEREOF;•I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. �!' ;,iM fit. • �'� ,...........)',,� M n i ALMA► o I,the tutdorstgne l Assistant Secretary of the''''...:..'....'-......:''.....2:.............,,,,,,,:..... S IIII STER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATT•ORNEY,of which the foregoing Is a substantially true and correct:copy,is m full force•and effect a 9 In witness whereof,I have hereunto s•ubscribed;my name as A$sistaft Secretary,and affixed the corporate seal of the.Corporate+ LL ;. .\ "Wttlwts:L IttcA7 • PHIS POWEtt OF ATTORNEY MAY•I OT.BE[USEDT .....EXE. CUTE ANY BOND:WITH AN I:NCEPTIGN DATE AFTER.:Feltrtlary:.:I ,•2013..:. z dr \� • THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. • 006428076 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _. s,,.74.. 7. - - - a TIN.,r: ,, cY.4c --W, ,<XK--, ,cam. .c ' c< State of California County of ��9---tel_....,- On 1`/2- 3 before me, II L. , y , L '46' / to Here Insert Name and Title oft e Office personally appeared aCy-A-')-1--) me(s)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is r subscribed to the within instrument and acknowledged to me that helshe/thoy-executed the same in hisAiefitheir authorized capacity(ies), and that by his/1iorJtheir signature(s) on the instrument the person(s), or the entity upon behalf of VIT. 1 i'7 which the person(s) acted, executed the instrument. 1011f. Camlitles•;1l1111N ..`t yPat- c: .,t/ prMltgESIM I certify under PENALTY OF PERJURY under the laws :,,. • a it of the State of California that the foregoing paragraph is true and correct. WITNESS m, and and official seal. e Signature ,I /•t,r.i, i _ Place Notary Seal Above / ignatur-of N.ary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Descriptio of Attached Document Title or Type of Docu - t: Document Date: Number of Pages:_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: •.ner's Name: O Individual 0 In.' 'dual ❑ Corporate Officer—Title(s): ❑Corpora : Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT 0 Partner—❑ '. ted ❑ General RIGHT THUMBPRINT O Attorney in Fact OF SIGNER 0 Attorney in Fact OF SIGNER 0 Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator O Other: 0 Other: Signer Is Representing: Signer Is Representing: rx7 .c.v 4•G;(s : �<w -ck < e>w E = , -. ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402.www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 ft fie R I IIfi . N' T� 't y�1� fi, 'Meet•41011401003 ` , . 11.1811110 alible 4111103 441SIG � �"' ;r' s 'i' 2 1L i. .MI00a M Bond No. K08619943 Premium: $3,689.00/year EXHIBIT"A" PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and K.Hovnanian's Four Seasons at Beaumont,LLC (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated April 25 , 2013 , and identified as project TM/PM/PP/CUP 33096 , is hereby referred to and made a part hereof; and Four Seasons at Beaumont — Sewer Improvements WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Westchester Fire Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal SUM Of One Hundred Forty Seven Thousand Five Hundred Fifty&75/100 dollars ($147,550.75 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the 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, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on April 25 ,2013 PRIN .IPAL: K. Hovnanian's Four Seasons SURETY: Westchester Fire Insurance Company LLC B John Jessup By Debra Kohiman Title Division President Title Attorney—in—Fact - . - CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT CONSTRUCTION COST WORKSHEET PARCEL MAP OR TRACT NO.: Tr 33096 Sewer DATE: 3-Apr-13 PP,CUP NO.: BY: Tom Carmody IMPROVEMENTS FAITHFUL PERFORMANCE 100% LABOR&MATERIALS SECURITY 100% (of Estimated Construction Costs) Streets/Drainage $ - Sewer $ 147,550.75 Total $ 147,550.75 Warranty Retension(22.5%) $ 33,198.92 Street/Drainage Plan Check Fees= $ 500.00 Sewer Plan Check Fees= $ 4,426.52 Street Inspection Fees= $ 750.00 Sewer Inspection Fees= $ 7,377.54 DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding,plan check and inspection costs. Above amounts do [J include additional 20%for recordation prior to having signed plans Above amounts do not 0 include additional 20%for recordation prior to having signed plans Engineer's Signature Date Name typed or printed Civil Engineer's Stamp FORM$UNIT COSTS REVISED 09/06 *****PLEASE READ INSTRUCTIONS BELOW***** 1. Quantities to be taken from improvement plans,Unit costs to be as provided on"City of Beaumont Improvement Requirement Worksheet". 2. Show Bond Amounts to the nearest$500. 3. For construction items not covered by"City of Beaumont Improvement Worksheet",Design Engineer is to provide his opinion of construction cost and use of that cost.If City of Beaumont Unit Costs are determined to be too low in the opinion of the Design Engineer,the higher costs as provided by the Design Engineer should be used. 4/25/2013 ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS COUNTY OF COOK APR 2 5 2013 On , before me, a Notary Public in and for the above county, personally appeared Debra Kohlman to me personally known, who, being by me duly sworn, did state that he/she is Attorney-in-Fact of Westchester Fire Insurance Company, a corporation organized and existing under the laws of the State of Pennsylvania that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by her voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. OFFICIAL SEAL BETH C.ANDERSON Notary Public NOTARY PUBLIC. STATE OF ILLINOIS My Commission Expires 03/22/2014 (SEAL) COOK County,ILLINOIS I lilli Power of • WVESTCHESTER FIRE INSURANCE COMPANY Attorney Know all mien by these presents That WESTCIIESTER:FIRE INSURANCE COMPANY,a corporation o•ftl)e.Commonwealth of Pennslyania pursuant to the following Resolutuut,.adopted by the Board ofDtrectors of the said Company on December 11,1... 04)0...••••1?wit>. RESOLVED that the following:wthonsalierco:telatoto the exnxttion,for and on behalf of the Company of bonds.updenarnngs recognizsnedn contracts and other written commsunentsgf the Company entered:intd tie ordinary coe$e of businesa:(eaich a'WritnnCommitmmt''): (t) Saohofdi Chainsass,the President end theViye)'r•estdansofsiteCompanyisherebyauthorizedtoexecuteanyWrittcnComniitmanfatendfonbehalfof.theCompa y;under the seal of the Company or otherwise •, (2) Sieh duly eppomtad at•torney In-fact of fire Company ii.hereby att•hor•iaed to exaylo any Written Commitment for and on babalf of the Company wider.the seal of the Company or otheiwtse.W tine extent that" such unfit)is autltoriaad by the gram*f powers Proirided for in such gessoes written appointment no such attorney-in-fact. • (3) Eads of the Chahs•nwh Ibe Ptessdett and the ViCe Praaidants of the Company is hereby authorized,for aid on behalf of the Company to appoint rn wnatig any person due attorney tit;fact of the Company with felt power and audacity so exacting..for and ori behalf of ibe Company,under the seal a•bbe Company or otherwise,suds Written Conteutntentr oldie Company as may he specified in such written appo minim,ssiiich.apecsficaisen may be by.geneaf typeor class of Written Conutmmenta or by specification of one or more particular Written Commiunenm. (4) Each ofthe Chasm•aer,that President std•ytcc Presidents•of•the Company in hereby authorized,for and on behalf of the Company,to delegate tin wrting any elbter tithe Company tete tutor ty.to execute,for and on behalf attire Co ttytanY,'wider the Company's seal or otherwise,weir.Writtat commitments of the Company as are specified is such writen dologaton,whidt speaficaton may be 6y generattype or ctase.of Writwt aamitmanta or byspecification of one or more particular Written:Commitments. . (5) The signalise•of any jffficer of odwr petndnex•ewaing any W.rittWn Commitment*e eppo ntssuart or deteganan pursuant to this Resoiution;unit the seal•of die C of poet'.snap be of fixed by facairnite op itch Written Cmnnuunenter writeaeppoinanatt of ateiegaioa • FURTHER RE•SDLVE4 that the forestitns Rthotuaon shatl:not be deemed tobe an exclusive statement oftta powers end ate sonty.ofoifieers,employees acid other persons to act for and on behalf of the ; Company,and suds •Resolution ehsflnotkimitoi,osheiwena..„ .ctteexer©seofanysuchpower.90duttoeltyotherwisevalidly granted or vested Does hereby nominate,constitute and appoint Christine Marottax Debra Kuhlman all of the City of CHICAGO Illinois,each individually if there be more than one named,its trite and lawful'attot•ney-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,recogniizances, contracts and other writings io the naturethereof in penalties not exceeding Twenty?.ive/million dollars&...zero cents($25 000;00()00)and the execution of such writings in pursuance of these presents shall be as binding upon said Company as fully and amply as it they haft been`duly executed and acknowledged by the regularly elected officers pf die Company at its principal office Ili Wt'fN>SS WHE1U OF,tbe said Stephen M Flaney Vice-president,has hereunto subscribed his name and affixed the Corporate seal of the said Vt.... ESTER FIRE'INSURANCE CtiMPANYthis 11 day of February 2011. Wi: SER fRE•$NSLRANCECOMPANY y 5t* 1N lttaaielf,until . COMONWEALTH OF PENNSYLVANIA M COUNTY OF PHILADF.,L,PHIA ..::>. as. .: On this 11•day of February Al) 2411 befbre.me,a•Notary Public•of the Commonwealth of Pennsylvania in and for the County'of Philadelphia• came Stephen M.Haney,Vice-Presidentof the.W ESTCHES TER FIRE:INSURANCE COMPANY to me personally known to be the dividual and officer who executed the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to•the preceding.instrument iin s the corporate seal of said Company; that the said corporate Seal''and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors of said Compa€iy,referred r.4 in ilio preceding instrument,es now tri;force.. IN TESTIMONY WFIEREOF,I•have hereunto setting harm and foxed my official seal at the City of Philadelphia the day and year first above written. x • • . ki .,..,..-- 'a�J • • • • • ....... , rex, R I,the underslgfte'Assistant Secretaryoftlte'WESTGHES`rER FI E IN&URANCE COMPANY,do:ltereb.certify•that the original POWER OF ATTORNEY of o which the forego ng is a substantially:true and correct copy is in*in-force.and effect. ' In witness whereof I have hereunto,subscribed my narne'as Assistant• Secretary,:and affixed the corporate'seal s>f the.Corpo.. .,Rts$ .. LL } m �yy1 N �f THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITI�Y.pLN JNI `rCIO ATB AFTER February 11;2.013 z 0 • THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. • e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c<'.cs^ c--rc<— .ct,c<-:c- , .c -,Ts,: cervi ep er:c<` <�r . . State of Califo is County of 4_2 /f/� On f�� before me, Jc % 1t2éz w2 ,,e,/_.... . �, il.� to nsert ame and Title the icer l personally appeare• - ,� ,� '.�!4.- ._AO I1 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arotiubscribed to the within instrument and acknowledged to me that he%Iie4hey executed the same in his/,ier theix authorized capacity(ies), and that by his/iher'their-signature(s) on the Ee instrument the person(s), or the entity upon behalf of �:tom, which the person(s) acted, executed the instrument. a • Natio • 'o! Ori , C � I certify under PENALTY OF PERJURY under the laws M Comm. of the State of California that the foregoing paragraph is true and correct. WITNESS r hand and official seal. Signature /,II'i. 9' ---.. _ _ ' A Place Notary Seal Above /- ignature.Not.ry Pubic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Descriptio' of Attached Document Title or Type of Do ent: Document Date: Number of Pages:_ Signer(s) Other Than Named A:: e: Capacity(ies) Claimed by Signer( Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General RIGHTTHUMBPRINT • --rtner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Atto '- in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or .•servator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: Vii`.=c: C` x=e.` `=G^,-=4 c_-k:` ` k w ^ .c%f: :.c ,4 f 6 w t t c-6 c_ ,x,,^ b t om<m. �:`f C c -4 ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 , s r91141Oritil".4116117$1 f�t+ennw:" 41,4itii 0'' trO se 03 411—,:. t,, CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT CONSTRUCTION COST WORKSHEET PARCEL MAP OR TRACT NO.: Tr 33096 Sewer DATE: 3-Apr-13 PP,CUP NO.: BY:_ Tom Carmody IMPROVEMENTS FAITHFUL PERFORMANCE 100% LABOR&MATERIALS SECURITY 100% (of Estimated Construction Costs) Streets/Drainage $ - Sewer $ 147,550.75 Total $ 147,550.75 Warranty Retension(22.5%) $ 33,198.92 • eau Street/Drainage Plan Check Fees= $ 500.00 CiAppF�VEQ�t Sewer Plan Check Fees= $ 4,426.52Alt Street Inspection Fees= $ 750.00 Depart l •v Sewer Inspection Fees= $ 7,377.54 By:---- tc""O Date' DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding,plan check and inspection costs. ,e QRO�ESS/pN Above amounts do include additional 20%for recordation prior to having signed plans s G.C4 o Above amounts do not ©include =.''ional 20%for recordation prior to having signed plans = p m 40565 -< Engineer's Signature Date 41' CIV1 "itt77MMS G CAlio"ahy ',OP CAW' Name typed or printed Civil Engineer's Stamp FORM$UNIT COSTS REVISED 09/06 *****PLEASE READ INSTRUCTIONS BELOW***** 1. Quantities to be taken from improvement plans,Unit costs to be as provided on"City of Beaumont Improvement Requirement Worksheet". 2. Show Bond Amounts to the nearest$500. 3. For construction items not covered by"City of Beaumont Improvement Worksheet",Design Engineer is to provide his opinion of construction cost and use of that cost.If City of Beaumont 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. 5/6/2013 • i I I 1(4 II 11 317N3AY jilSONANS ti_g_NrfpIH jh ,--_,--------„,,_ -7-r,------efilia-r,--evutrum-ro ir----7 I - lingto ----- r.:'="=) 21drrai-ltir II tulunt a gl-- ,-,I= * iht , 0.il CM lirii--- "g-r4 ;gib% e, =_, rhfiffi ll., •,,-, tootrg . ---.1... 1,1z.,7 4..-,-.0F. ve- rt111110.h,111"4.-A14" I% tiitu u r.F1 .4. 4,unif „,,,,,,,..:rN / tii.- /14 I:Noon If 'ho :11/443.1--* ',e7 474, ha -_:,„ / 4?'44, 1 27 Vrrt'l , \ 4:-,------..-/..0,0--, ,40.;,,,ipl Jtillfk,..1.ok tit ,,,, „;,,, r4 i: .-..... V et 1 i li :I iiirsito ”' *-,v.:f'-) * * n g lit.t: ‘./.40,-.,.. .,t,, : '.7- Jø ztP.z . 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Is, , • ' ' , : - 0 I 0 se t Y Rev.01/17/12 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Parcel Map/Plot Plan No. 33096 ) THIS SECURITY AGREEMENT is made and effective this PO day of /AA y 20 13 , by and between the CITY OF BEAUMONT("CITY") and K. Hovnanian's Four Seasons at Beaumont a California company("DEVELOPER"). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to TM/PM/PP/CUP 33096 , ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights-of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively,"Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1)year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY-approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY an irrevocable letter of credit or a performance bond issued by a corporate surety (or other security as authorized by Government Code, Section 66499) in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10%of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide an irrevocable letter of credit or a bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of"A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of"A, XV." Self-insurance shall not be considered to comply with these insurance 2 specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so,the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER,before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California-admitted surety company with an A.M.Best rating of no less than "A,XV" for$2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name,by endorsement,the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings,regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond or a letter of credit, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements,and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of$350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall 3 have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. If the CITY approves the cost estimate, the CITY shall release all performance security except for security in an amount up to 200% of the cost estimate of the remaining work; PROVIDED, HOWEVER, such partial release shall occur only when the cost estimate of the remaining work does not exceed 20% of the total original performance security. Substitute bonds or other security may be used as a replacement for the performance security, subject to the prior written approval of the CITY. (NOTE: a reduction in performance security is not, and shall not be deemed to be, an acceptance by the CITY of the completed Improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of the DEVELOPER until all required Improvements have been accepted by the CITY and all other required Improvements have been fully completed in accordance with the plans and specifications for the Improvements.) f. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment shall, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security shall be released in full. 11. Security for One-Year Warranty Period. The release procedures described in paragraphs 8 and 9 above shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 4 12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto,their legal representatives and their successors and assigns. 13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 14. No Assignment. The DEVELOPER may not assign this Security Agreement or any part thereof,to another without the prior written consent of the CITY. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief,to recover its reasonable attorneys' fees and costs of suit. 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF BEAUMONT By Mayor DEVELOPER By Title. Divis'in President 5 , r 3 a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c -- z, . `: ,,qac vh,SN 71: Gr '�� z�-„ 7 -. ,c cS:7,G. '<.'".,EP'rZP. State of Califor • County of On �._ before me, /�i�:� 4 Q4., / �' D-e Here ser a e and Title of the 01 is personally appeared lat ) Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) lis/are-subscribed to the within instrument and acknowledged to me that hefeheittofrexecuted the same in his/ eii-authorized DEBORAH M.WILDER capacity(ies), and that by hisA er#taeir-signature(s) on the r Cmia159instrument the person(s), or the entity upon behalf of Notary PuWte•Ca1NonNa which the persons) acted, executed the instrument. z O�County ..uli: My Comm.Ex ra Doi 27,2016 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS ,and and official seal. 41, Signature . -, - ,_ _' Place Notary Seal Above Signature of N.ary-u.lic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document >r I Title or Type of Document: '� _,. :.� ilk/ / T 4 �,�� ..• I 1 , • Document Date: c--572-/ (� Number of Pages:_ Signer(s) Other Than Named Above: , Capacity(ies) Claimed by Signer(s) Signer's Name�•'''�, 4 to. 4 a Signer's Name: ❑ Individual i di / / ❑ Individual rporate :fficer—Title(s): in 'Air- ..-Ay ❑Corporate Officer—Title(s):_ ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: - . - _• w -s;� c a .__ - ...• •�;c�4. k �+vsa � 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 „Ir4k M '” •11 ezz,eeP. fprisiu C!';,Tr.390 • Hord No. K08619906 Premiurno $5,077/year EXHIBIT"A" PERFORMANCE BONE` WHEREAS, the City Council of the City of Beaumont, State of California, and K.Hovnanian's Four Seasons at Beaumont,LLC (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement,dated Apra 25 ,20 13 ,and identified as project TM/PM/PP/CUP 33096 , is hereby referred to and made a part hereof;and Four Seasons at Beaumont — Storm Drain WHEREAS,Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Westchester Fire Insurance Company as Surety, are held and firmly bound unto the City of Beaumont(hereinafter called "City"), in the penal sum of Two Hundred Three Thousand Ninety and 58/100 dollars ($203,090.58 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,executors and administrators,jointly and severally,firmly by these presents, The condition of this=obligation is such that if the 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, its officers, agents and employees as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change;extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on April 25 ,20 13 , PRINCIPAL: K. Hovnanian's Four SURETY' Westchester Fire Insurance Company so s - Beaumont; LLC • John Jessup • By Debra Kohiman Attorney—in—Fact Title Division President Title ' CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT CONSTRUCTION COST WORKSHEET PARCEL MAP OR TRACT NO.: Tr 33096 Storm Drain DATE: PP,CUP NO.: BY: Tom Carmody IMPROVEMENTS" ��.. FAITHFUL PERFORMANCE 100% LABOR&MATERIALS SECURITY 100% (of Estimated Construction Costs) Streets/Drainage $ 203,090.58 Sewer $ Total $ 203,090.58 Warranty Retension(22.5%) $ 45,69538 Streat/Dminage Plan Check Pees= $ 5,298.02 Sewer Plan Cheek Foes" $ 500.00 Street Inspection Fees= $ 8,830.03 Sewer Inspection Fees= $ 150.00 DESIGN ENGINEERS ANdMATI0NS OT IMPROVEMENT BONDINti COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding,plan check and inspection costs. Above amounts do ❑include additional 20%for recordation prior to having signed plans Above amounts do not xJinclude additional 20%for recordation prior to having signed plans Engineer's Signature Date Name typed or printed Civil Engineer's Stamp FORM$UNIT COSTS REVISED 09106 *****PL A.SE READ INSTRUCTIONS BELOW***** 1. Quantities to be taken from improvement plans,Unit costs to be as provided on"City of Beaumont Improvement Requirement Worksheet". 2. Show Bond Amounts to the nearest$500. 3. For construction items not covered by"City of Beaumont Improvement Worksheet",Design Engineer is to provide his opinion of construction cost and use of that cost.If City of Beaumont 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. 4/24/2023 ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS COUNTY OF COOK On APR 2 5 2013 , before me, a Notary Public in and for the above county, personally appeared Debra Kohlman to me personally known, who, being by me duly sworn, did state that he/she is Attorney-in-Fact of Westchester Fire Insurance Company, a corporation organized and existing under the laws of the State of Pennsylvania that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by her voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. OFFICIAL SEAL BETH C.ANDERSON Notary Public NOTARY PUBLIC. STATE OF ILLINOIS M Commission Expires 03/22/2014 COOK County,ILLINOIS ea \ Power of VES' 'CIUEST R FIRE'INSURANCE COMA N1 Attorney _. Ifnow all mea by t•lrese.prt eirts hat•WIi;STCHESTER FIRE INSURANCE COMPANY,•a corpArattun of the Commonwealth of Pennsylvania pursuant to the following Resolution,adopted by the::Board of;Directors'of tho:said Company on December 11.2006 to wit RESOWED that the following eot •honrat•ionsselate to the exeeobcis for mid on behalf of die Company of bonds undertotmgg,recogmzatroes Fanttasta and othnr wine t commitments cf the Company xotere..•VEDehrduheey wWse o'' • '--each W ortten:ComnHmant'�. • . (I) Each of the.• '.ihaq;the Presideitand Vice Preside nts:of the Company is hereby audrorized to exeeate any Written Cotnnuumeniforruhd en behalf of::(huCompmy:;:ander.iheseal of the Company or (2) Seth duly appointed attorney Matt ofdhe Cotitiparty ul turcby attth6mud.to esuute any Wrimm Commitment for and on behilf ofA1e Company tgder the3eal of the Company orotherwrse.to rho extent that eaChctio • autl onzed:by the grant at'Pa)".-!praveded{or inseuh persona wntten pppOnlunent us such attomoy-in-fact (3) ::::-:;117%;.:::hatnn n the•Pxtetdapt and the Yrde Prmi• dbiitu of the Company is hereby ititthotized,for and on behalf of the Company m appoint m enntgtg meq person the..apeeay-effect ofthe Compa y wnh full flower and suUatity to axe,fa and on:ladtaif oft}ie Company under the seal of:the i ompany o otherwise,such Witten Conmamraru..:..78,,......f die Company as may be sped6ed:ro such written app..,---'' winchngea0catiopmaybe.bygen b'peorclassofWnueii£ommimnenttorbyspecifcationofoneormorepiiil.cuitWihanmtmtmenti . (4) Each ofthe Chessman,the Precedent andVice Piestdents:ptgdt Cempasty In berate authorized,for and on behalf of the Company,to delpgata in".----ring any otter officerof the cCompany the matronly to .;. execute,for and on behalf of the Company,order the Company's sed or otherwise,such Written Commitments of the Company as are specified such written delegation,which apecnfcaton may be by general tylia orches of the CommimnatIs or bye company's of oto o(moro Pan.cos Witten Commimhents. (S) The signature mf anypdicerof Lt.ar paten decutna any Witham CmmnitmOmtst apposotntent or deisgeten pursuant to thio Rmohiaon,and the sed of the:C ompany nee be alined by faahmddmon ahrth Wptten Commifmmt or written appointment op 4degoiscai:.- FURTHERRESOLVED ghat ate tbregomg elution shai)a m be deemed robe an exclusive sutertnerht of the powers and authority of officers,employees end other persons to qct fp�and on behalf ofihe . Company end such.Respluapi shrill not it at of lutio nseptfert theet mad i of any suCTi power or.autrofity o herwise validly granted or vested Does hereby nominate,constitute otid appoint C pristine Moron a Debra Kohiman,alt of`the City of CHICAGO Illinois.each individuaily,if there be more than otic named;its true and lawful aunrney int fact,to make execute seal and deliver on its behalf and as its act and deed an`and all bonds undertakings recol iizarices, Y Contracts ttn(t other writings inn the mature thereof in penalties not exceeding Twenty i{tom million.dollars&bra eettts x$25 000;00000)and the execution of such v rtingt<1n tOP. MI anca.stfthese presents shaft betas biruling open said Company as fully attd amply as. they ttatl bi n duly ekecuted and acknowledged by the regularly elected officers of tine Company at its principsl office, ; IN WITNESS WHERBOP.,the said Stephen it Haney,Vile President,has hereunto Subsertbed his name add affixed-the Corporate seal of the said WESTCHESTER FIRE iffiguRAhCE COMPANY this 11 day of February 2011. WESTCHTSfE,R'FIRE liNN3gItA1�fC) :Ct1btPANY Sgm.#1.filter f Vice l .; COMMONWEALTH OF PENNSYLVA'...... A COUNTY43F1)11114‘1)41' 11‘ F PHB A .ELPHIA ss On this 11 day—,-f Febtttaty,AD Ali l before•m•e 8:11"111.P1441 e of the Commonwealth of Pennsylvania in 0..0.4b60.0--e County of Philadelphia came Stephen M.Haney Vice President If of the 1'ES 'CHESTER FIRE INSURANCE COMPANY to me personally known to ie individual and officer who a ecutod the pr•eceding ane'trument,anti he acknowledged that he.executed the same, rid that dh.seal affixed to the precedinng;instrument istha corporate seal:of said Company that the said Corporate seal mind his signature Were duly•affirled by brie authority and thtech9n of the said corporation,and that Resolution,adopted by-'-•-•."oard of Directors of said Compaziy,fefefred w in the preceding instrurr ent,is ... in force INTESTIMONY WHERE%OF,I have hereunto set my hand and affi•xed my'officiiif seal at the City of Philadelphia tarn day and year ftrsf'above'written. it►pe1,...ai-4ittak I,them tdersignsid Assistant Secretary of the WESTCHES R l INSURANC•E COMPANY,do hereby certify that the original N)1rER O. .........Y of which the&negoin,g is stsubstantially true and correct copy re."'in hilt force and effect /� 9 In witness whereof I hake hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the CCorporatt qa .7 "...::P,'i1 t.a. ti, • • wa1Ast '�,z : THIS POWER OF ATTORNEY MAY INT:BE USE1Y TO EXECUTE A IY BONI?::XVITH AN INCEPTION DA IE.AFTER February 3 a,2013 ::::.:. IN THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. • . S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -..�.-;:.•e _ - ....- a... .�.: - - A - - - ..: %. - -,--,0-- -_ .,. - State of California County of 111,-2 ,43,_i___2 1 On ?� �/Q �� before me, _K;.� e O .i___.0�_ T *� .r --- 1`/ I " H= nsert Name and •.ofth Offce personally appeared „4-1 Name(s)of Signer(s) r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere-subscribed to the within instrument and acknowledged to me that he%f ey-executed the same in his/her/their authorized capacity(ies), and that by hiskier/their signature(s) on the DEBORAH M.WILDER instrument the person(s), or the entity upon behalf of a `.. .• Commissions 1999459 which the person(s) acted, executed the instrument. -4 Notary Mlle-Worsts -•/ Orme C<> U t I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official sea Signature s Place Notary Seal Above Signa re o Nota u c OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Des ••tion of Attached Document Title or Type o - •cument: Document Date: Number of Pages: Signer(s) Other Than Named Abov-. Capacity(ies) Claimed by Signer(s) Signer's Name: er's Name: ❑ Individual 0 Ind! al ❑ Corporate Officer—Title(s): 0 Corporat= *Ricer—Title(s): ❑ Partner—❑ Limited 0 General RIGHTTHUMBPRINT ❑ Partner—0 L 'led 0 General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER 0 Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: 0 Other: Signer Is Representing: Signer Is Representing: 1111111 v-d:d--e -m-de--esc•y'_es..,v..d..e�-er-roc"' W es W--o..-e.,y�N�•e c-r,-v:.vec-arc-e..- --?r c-,vc'e. 93-e'--ar•.ev-e>c"en-e.:,vc'y:y'.��.:e' 52007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder.Call Toll-Free 1-800-876-6827 Bond Noe K08619906 Premium: Included wit Performance Bond EXHIBIT"B" PAYMENT BOND WHEREAS, the City Council of the City of Beaumont, State of California, and K.Hovnanian's Four Seasons at Beaumont,LLC (hereafter designated as"the Principal")have entered into an agreement whereby the Principal agrees to install and complete certain designed public improvements, which agreement,dated April 25 ,2013 , and identified as project TM/PM/PP/CUP 53090 is hereby referred to and made a part hereof;and Four Seasons at Beaumont Storm Drain WHEREAS,under the terms of the said agreement,the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont 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, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code in the sum of Two Hundred Three Thousand Ninety and 581100 dollars($203.090M ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor,that the 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 thereat costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of atiy and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond.. Should the condition of this bond be fully performed, then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change,extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on April25 ,20 is . PRINCIPAL;K. -Hovnanian's Four . SURJET�Y:Westchester Fire Insurance Conpa3y Seasons at Beaumont, LLC • y Johniassup By Debra Koh7man Title Division President ' Title Attorney-in-Fact CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT CONSTRUCTION COST WORKSHEET PARCEL MAP OR TRACT NO.: Tr 33096 Storm Drain DATE: PP,CUP NO.: BY: Tom Carmody IMPROVEMENTS ------- FAITHFUL PERFORMANCE 100% __._......_� LABOR&MATERIALS SECURITY 100% (of Estimated Construction Costs) Streetn0)rainage $ 203,090.58 Sewer $ - Total $ 203,090.58 Warranty Retension(22.5%) $ 45,695.38 • Street/Drainage Plan Check Fees— $ 5,298.02 Sewer Plan Check Fees^' $ 500.00 Street Inspection Fees= $ 8,830.03 Sewer Inspection Fees m -$ 750.00 DESIGN ENGINEERS CALCULATIONS OF 1MEQ MENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding,plan check and inspection costs. Above amounts do ❑include additional 20%for recordation prior to having signed plans Above amounts do not Dine-ludo additional 20%for recordation prior to having signed plans Engineer's Signature Date Name typed or printed Civil Engineer's Stamp FORM$UNIT COSTS REVISED 09106 *****p 4$$READ INSTRUCTIONS BELOW***** 1. Quantities to be taken from improvement plans,Unit costs to be as provided on"City of Beaumont Improvement Requirement Worksheet", 2, Show Bond Amounts to the nearest$500. 3. For construction items not covered by"City of Beaumont Improvement Worksheet",Design Engineer is to provide his opinion of construction cost and use of that cost.If City of Beaumont 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. d/2d/2073 S ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS COUNTY OF COOK On APR 2 5 2013 , before me, a Notary Public in and for the above county, personally appeared Debra Kohlman to me personally known, who, being by me duly sworn, did state that he/she is Attorney-in-Fact of Westchester Fire Insurance Company, a corporation organized and existing under the laws of the State of Pennsylvania that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by her voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. OFFICIAL SEAL BETH C.ANDERSON Notary Public NOTARY PUBLIC. STATE OF ILLINOIS My Commission Expires 03/22/2014 (SEAL) COOK County.ILLINOIS •N . . ..,........„-,, . . , • .. ...,, • , .. . . - • . ... . . „.,,..., . .. ... . . . . . .... ........... .. .. . . .. . . . . . . . , . ... . . . . . ... . . . . . . . . . . . . . .,. . .. .. . . .. , . . .. .... .. .„ .2 . . :. .... ,..2...„ ,..,.....„,:,.„.. .„.... . . . .. . . .. .. .. .. . . . .. . . ... . . .. .. . . . . . . „... . • .... .. - . . , •- . . .. . . .. .. - . • - ... - . - -, -.2 ...22 2 . 2... 2- . . . . . . . . . .. ,.. .. .. . . . . ... ... --- ..: :, .... ..: . .... .. .. . . .. . .... . .. ... .. . . -...., .•:. :. 2:: „:„..........,„ ....... .. . ... . . .. . . .. ... ... .. . . . . . . . , .,. . . .. ...„.. . .. . .. . . . . .. .. .. . ... . . . .... ... . .. .. . . ., . • - - . . - - , . . .. . . . ........ .. .. .... ..„. ,.. , -.. • -- - • - •• • '- - • •• .. . - .--. „ . . ,, , ... , . ... . . .. .. .. . .. ... . .. ' ' .... ....,.. ...-.: Power of ....• _..•...• „.•-.,...,' •.,.:.-...„..:',.:..,.:..,.:...-..„...--_•:..:..., vi: S•-...,i:...:: CH-.....,:sE...:.:S. TE,....„......:R•,..:• FIRE , INSURANC::•:R..:..C o.:,.. ..,F...•A,.........2..Y Attorney „ ..: ..,:..„..•:..'',:'.::,k:?:..• •.••:-...:„., :!..•.„..:,.:::-•--., .„:.:!„E: .r.:,.:.:....-2.„.:.::...:...::....:..:::-:„.:... .:..:i.:.....::.,.:'..„..:..::::..:„'....,...,... „,..:.„ '• ,,„:,:.::....,:-..,: . ..,.......... .........:::,....„.. all}i)iiiby iii...-„:ese..:-•,......presents:That WESTCHESTER....FIRE INSURANCEiilth,,,cifiParmay... ;walla::. pursuant to the .. .• ........: '''.:....;the old Company onDCaC44nlitirNY11i:•: 000'toi::torr4;116:.:1;:::91:141i6°:: ...6:67..:, .,..:. '', i•:.. .:• ::. ,::-.......„ Know ....„ .,:..2 ....,,..;:._ ...„L„.ith ..,„„ariti of pitiotors 07:7 the said '':::::, 1”: ...!:.. .".;” -.,::: '': :•.",..- : ' ':i.":.": :: :::::•:: ': ..,...Hii ,„.4 the Company :•••-f. toiJOW0);$IC*°!!4t1C1!1'adopted ....'.!:-'' ...f. .:::;:::: ..., 1 i.: -:::•::• :.,.:.. ,: :.•.....: !.::,,' ::::,.goihcnsetacneeeiatcto the exacutien.for and on behalf of the Cdmpan f bands sptden4lange.: • .:'•recOg1urast:',es:.peet,:igb,and ether coluntirw.7.... i'. :::::::'' .".•... ‘E§141A4R•that°5(°"1.'1) 'caked:***ii(4gtt64*ment". ;',.::':: •-:::::..,..,i'', :inignittlnt,ilogoonoy fop:ise 1 inla ..;.,..... .i t.. '."...•. .--""':'" , . ,,,...,.. .16' ivi. .."6'tten commiim.:,„0.4ot.anitin belikottl*tinnPieli:lintOrthe::164 of the Company nt....... .. . • '' of the Chitiernakiho Presidentatit The Vice em authorized an a. ' .:':::::,':••.:. .....-"'''i ..•:::'"''' ''''''• ii Othenviae to the Mind that (2) Commitment forand on .:. rite Company wider the seal of the ......, ..„ .,.,..... ,... Each „:Hsnokneysili,r. lle OrtheC '....:> Y is hereby n'tihFdled't°g999”any Written such rutornev-in-fact. :::::".. ::::::•:. ''i'-'' -::.::::: '''''. .":.'' '':"...: '',..":,.. "':::. -;:-...; '.;.""'. .:".,'• '..:;."", .i* dwa appointed .--•-•the grant op'ntied:for bsatickpetsisin writtennflutihninent as ' :'..attorney-in-fact orthe cantaanY with sorb... ..44A,....t;7...s....,it 4.4.,....i„.. .ahcia:ii.'"•i''and the v...'4."', riiidi-:::'::dots...:•'.• oiiiio Ctl4a•'11::,•..is herebyiiithi,jh izeg,on,panyfor orangnanaion thaaelfsenfathwe CriondiiMptl;oyi6....14.0appOi 0,writing iibe 0...!.p.,___iiii permit the!.,i16....7ay.f...0.,...„jp,,,,..::.fteg....in sursisyn..:: .....::. ,:,...,................ . ............. (3) "."444 pflwa's4.,,si....-.•''-toe set amnia for and ow:6640f*C(anttn*In44.C(he 414,4.'' e cby • cation of one or more parti. drif....rneP:F°"Ina -...,..•u .,....-',.' ..„,:::••:: .:,', ,-,'....„.. . ,..i: . full ilbwefteid.”-••••rttY---,,. •- ••eciflCaHOn typi:of siassOf WrittelsOannininedhinr ..: '.. ....: Offieniafthe Cenipany:thfludibli*An fltfl wbid ComPany.t°41a*Vibil'writing any other: ' which s teiaion may be by °Plx",....:. i,• ...:;::: . . Presidents er, Ads.,go,,,,,not" li ' ''Militarized,for and on behalf of the ..., ., _____.delegation, pea .r. . . . Each of the Chairman,the PresidahibintAticdthec.--.--s sealorotherwise,such Written Commitments of the Company as me,.s.Pmlned in su..7.:.written .,........,..........::.: , ...,...:.....: .........."...:.::::: (4) acme.. for and on behalf of the Company,oder ix!wilnY ofipeciflcation or more plufictthFWMten Commitments. ..•,„i„:::....,....:. ..,..;.•-, .,:..,... :: ,,...,....„. fion:iiiicit....,....:,..... ...:.,. en staiwan or ''... seal OrthiCOrdiiirlyilift*11190 hy."^-47 •'..,:: s..?". •'''......•.„ 's,:., general type°?' 1!!t'‘:!!Wri •i:.:,...*:.....'''.:. ...::::.:•• '"'''i i-:i: ",."''''. •'.",:.'..'"..."' .. :-..,,.ii,Abgation pursuant to this Resebaion,"Mid the ...:............ .,., ...... ....,.. ...... .......:: ..,, .,....:. ....... o./if...'ansIli 'therplersost.'' 4aecuttatanY.Written Orimilit!trpr 4P1r,SniF."'.:.:..-. -..... .... ,...• :... :::: .;.,. ...... ..•:. '..-... .: ,:::, i'.. .., s: The signattd- 4 "T ot•• .• •,:. air'itioti:,. i:.. •:',. :" ''''."-:•.. .'.::". ,-',... ''-,'' ..":::"...... ::" : .'::::-'."' . to act iii.i..04...cm behalf Ogle (5) Written ComMiamentint switiM'anngt',"°f."' ea ••:",::: ''',•• ..,;.::::, ' •:',":] .il"":. ''..":".: i4,h,,powers and authority of employees. and ot) !Pe" .::::...: ••;:::]: -:::".: ''''... '":':?." :ii.;::- -'i::' ":;;:" CompaRjingErr ltEt(11Htififi,thllith a tnte 817EnaiiH4;othenvihlic41 44430;iffne,44;116,4191medo„,.cisrpfbeaoH°:sextripovew;atIIIIenm ._..:Mi ty otherwise validly amid. o.„.ir:.:714#70;:i::::::'....:::::::.1• .:•,.."..;.:....,"'•„.....;:::,.......:........::..........i.: :.....,.............. ,..; _ p, '1,„,:'::::: ......:::•.,..:,..-.:.::::::-;'..:..':',".. ny,and much ltdtfl!''(*4'4!/r not',,:"':.;.,, ''.'''.-:.':::::::::: '..,)".t...:'/ ..:,'0: "I:1.i '''i'if', ''''' " ''''''.. ''''":' • • constitute and appoint ..., -•• Does hereby noininate, . ' '';••• .•'...z :•'''OhriOtneiMarot*Detirti 16514Imoni.:idttirthe City of CHICAGOio4.Aiichiirrlivi:ditalliy.:if there mora than ostia to make execute seal and deliver on i ,..... 1 ...,,.-e . Ito odritlanyllt3d5,01151:goonda.40un)..andde*meilegxec.'.rece'°titiogrillotzanfsucceh •••' ' Is behalf and as its act amIPI'ai...111".„ liatt.rtnasilf_p•.40„ .,,„ ...iiAly executed 0.0 aodio*I.,40d by the regularly in fact narnerli ttS-Pltennd lawful tt91.!,.e'''',•:.":.•4iiidreot.in iiitiffigs.not exceeding TwentYiri9e:).Pi -:-: iOntTanriind tnhg':41tnit' pesetus lli:• •!e nature be -iiiiitt••• upon said Compclny as fully and=40 .....:t1-....tte):non been duly -:.:•::::. writings In pprautin....., „..., $itS•••Frintifitiii":offko, •:::::: ft -..••••?... .... - :,...,"- -..i..... •••,•,]::, ' -.-,...... ,;•:-...', •-:•••..... ::::::seal .:•••••• saidivEgrcHEsTER '''.••••::'. elected Otrt5Pts14.,.fe C."7.1!,!3'.. i. •-•••,..:',, ''',!...•-::-:.:":'•!..',. .1i."..::::- ''.:''''.:::::::'-.1:4":' ' :••••••7-• h4„„,i,,a4,..arti,o-iho"CotPoratei °Plr . „...,...••• .•••••;....„:„... .....:.,,..::-.]...-:.•,,--1.f.'''..::.;::...-.',',;(..:. - ,. d;:., hiii M itoloy,1/46,e-president,has hereunto subscribed„„. .....,, ..:•:..,.. :.••••,::.:-.,... .::.„.......?....„.. ..0'.- ..:•... ,..........::: ..- vii,,;::.••• KVirriNgSS WliEgg.f.Pf..the.::3:41 '?••`P ii.- ••i: _ ;,..-•:-...,.., :-;11. 1114tgLatAPICE tOirkiPAPIY.this 11Aayt.pf.!e!":11!t74u, ......:-....,.:.:,:,'...WESTCiieSTERVIREINSUItANCE.C11 .. , ..,........ -„..::::::,1?:. :' .:ii''',„•-...nt„,C)::.....'."."•-•:;!...., ::::::::::•:, ::::::::-.....':::.: ........E:::::::,::::::,• .::':....... . . . . ... .. . . . . . . .. '.,.. ,..,.... ....,. .., • ,. . ... . ....• ,.. .,. . , .... . . .. .. e.L. '.:.n•.... ......:.:. :.:.,.... .,......- - .:. ....:::: - -.1'.i.: .--..., .'... i ::.,. ,. ......, .... .. „ . .. . ... ., ,..... ..., .: , ..., .,. . . Stii"4431814AlY* :f**411....: .. .. .... .. , . . . ... .. „ . : .. - • - - • - - •• ., ., ... ..... ....: .: ..• ....•• --:' ',•..........,,, ..,..........,...,::. .. :.,•,....,......• : . •-•::::::::...:.:' .:..,,''''',1--.7. ' -'''''..-''..,.....'„:.,. . 2...........: .2.::....- ',...:.i.:.........'...'. -..:.:-.:::: -.......; .. •• . - -.••- ......,...:,.,.. .„...,..,........„..,:- :•:: •• . . • ,-......... .. ,...„. .. -•.. . . - • ..-. , . - ••....-:... .. . . .... SYLV . COMMONWEALTH OF PENN COUNTY OF PHILADELPHIA ...., :..:•• ss.4it‘i•••••;1:4iii:Ente..i.,.14OtaisH' Publici '..iii.,th'4 Commonwealth of PennON.....rni:Irt in art.4f.O.i#1.. egotii.Y,0'1'ht-idel#11awta*t,65ioce..--::'..*°. d:-....::,.....,.„.7.-.......... fitoWniO be.the:-...ftidOidiiii4nd:of.,Tieer who ....: ...„.. ,.... On this 1 3:::.---Aa';'441.-FebrIO" D" ”' Esitli ARE-INgOtANCE:05hIPANY to me personally ;., a iiihe.66rporate.4eat of said qpmpany.... affixed to the precedingI o :. - Pt-es •••• Board of "...:. :-.:• !:.. Stephen n Haney MPF- ...-1..de .acknowledged-that he executed the same.anti anadtdth;otsc.:.IO!o of the said aorpotit!olii:and:..fhat.:g:, esttuttprr:„.adopted... 1?y the...: -:::„.. .:....:...:".- i•...:....!:..,..,,::::'::::".......]'' Directors of the preceding instri,0001,app ne.. . t :.,.: duly ifr,iod•bi,the authority seal his sioatitie were .. ip ....,. ....... .: ...,.... ..: that the said corporate and ''• ' :''''... d.. instrument,is now in force . ." tifeited to in the preceding -.-,...„-...... ...:.•-.---- „:, IN TESTIMONY WHEREOF hereunto set"m.handai*Iaft.èdn..ofli6ial seal at the City of Philadelphia thiilitY and year fitiftibnii...O written. .... :-..•.:i•::**".••••,:::,..,.. :::::::::** 'i-•:..;•:::.: ...;i:-."'-'...:,...,,...:?....,,,et,44,«:.:,' ]. ::::••••.'' ' '•••-•"•••.: <:... . • ''',P ,''''. .;--- '•o ,:", .i','' ' :,.. ::::::, ...:..i.....:::::.:•.! :•:„::::: .:......•:-._ ',..:„!: ]:-..., '' ' ''' ' 44.4' ' •'''- •••••'"':::•• ce nal ERI)PA'ITORNEY of COMPANY,do-.1*6*..i• rtift That Oe 514'--, '••••••:: .:., :••••:.'.••:-E/ -,•••-.'"•••••:•••••::::. ••••.:::•• r the Iirideiggli0:.Assint.-......f., .c•-•Secretastrue..:-and ..., 4topk....ii in Aitifooe.fnel effect II which the foregoing is k :........-:substantially '.7....,,- '... ,:::;.- ''.... •••••• --,..., •-•':- ...,and affixed the corPirate:OPol:9f thq..:1°°!1m9:. ......„ •-,..', :„:::::- D '......: V:.- ...• .J . witnesswhereof I have hereunto;'ubscribel n!)'6gin,,,, e a*:.:(', '''...,;...:ist4n 'sec7$413: :-.....4:-.....-: .• ..-:-.,... i•!. ...-:•::.- :.,::':::- r- :i.........;:.!:' ':i..,•-: - :..•••• '.i ...:.:.,., •:-.-:-:-.. :.•.. .. . . ., - • . ..„.:„... ....-- „. .. .... ....... ....... - -., ......• ..::,.. -:.......,.::.,,, ,,,...„....,,....,..- .. . . - •• .., , ,..,, , .., „....,,,,-. • ' . . . . . , .. .. .. . . . . . -;--..•?wilkiiint;':iteltY44010.- • •'- , :- :.' -::: ....•••• , .• :-.' .. ,. .. . .... .. .- „ •:. -..., .--, ,::-• •.., -..- ,.. ..... ..... .„:. ...... , ..... .. ... . . . , -. -.. -•--.-; :::.,f.",..,..,...:::.; ., .,...,::,...... .......... ..„ . ............ ANY BONPiW1TH AN.I.NcPTIQPI--.DATE......AAFTER February.....):l''2013 • .. . ' .,..:.„'„..-THIS POWER OF AM. RlsIHY MA...,.....:Y 1407:,.....:) .r13:.............: „:„,..... ........... :.... .: .„... .:,m,...„.....,,, .:. ..... ::..:.: ,••••-... '.•::i. .:•.:.', ..::•••••••••• .„.•.,....'i '•••::•••,.... „ ::•••••.-, ::•••'."•:••'.,.: '•,.•••••••••• ••"..••••,.... ii.•:., .. .• ... ... . ,.. . .. .. . :•::: •..:: •••:::'. -:F.:. ..-:';'.:: ••i:•:: ::•::': .:,::: . '. . - - •- •- •. •. , ...: •.:..,, ...„, .. . .. ..... . .. . .., „. . . ,: iv ''• • V FEATURES il THAT WILL THIS DOCUMENT LISTS VARIOUS SECURITY • THE BACK OF PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .cam . c . cam .c4co . .cczr' zt, :c --tw-- .cc�w<cp- . rwsc�.cc'c z•4: State of California County of g,zietn-/-4.!•—_.2 / On 1/2.-9/z3 before me, Jo ? /2�/iiNaandIe a / . _ __• Here nsrt . e I ce i personally appeared Name(s)of Signer(s) 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isJa&e-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisA9er/thoir authorized capacity(ies), and that by his/heritheir signature(s) on the DEBORAH M.WILDER instrument the person(s), or the entity upon behalf of .'401101r; Cpnmh:ion;!1999459 which the person(s) acted, executed the instrument. '`t Notary public-California *II Oranp Coin Comm. 7 1 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. Signature , 1 m 0 Place Notary Seal Above ignature"of tary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Desc '•tion of Attached Document Title or Type o 'ocument: Document Date: Number of Pages:- Signer(s) Other Than Named ' ••ve: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual 11 Individual ❑ Corporate Officer—Title(s): 0 • •orate Officer—Title(s):_ ❑ Partner—0 Limited 0 General RIGHTTHUMBPRINT 0 Partner ❑ Limited 0 General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER 0 Attorney in •; OTop off SIGNER thumhere ❑ Trustee Top of thumb here ❑Trustee ❑ Guardian or Conservator 0 Guardian or Conservato ❑ Other: 0 Other: Signer Is Representing: Signer Is Representing: 1111111111111. c+,-av•-e.-e.wo ,-y.-e•waw,s1,y,,`a;,-er.-,,7'W'as ervaw.-4,-o+,y,,©s.ery-10'-as,.w, -e..-e,:-e„-a.,-✓,1-y,4v w.",:;.-ar'-:e'd{�,-e„A-,v�,-."G,..v�'u. . 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 • CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT CONSTRUCTION COST WORKSHEET PARCEL MAP OR TRACT NO.: Tr 33096 Storm Drain DATE: PP,CUP NO.: BY: Tom Carmody IMPROVEMENTS FAITHFUL PERFORMANCE 100% LABOR&MATERIALS SECURITY I00% (of Estimated Construction Costs) Streets/Drainage $ 203,090.58 Sewer $ - Total $ 203,090.58 �`on\ Warranty Retension(22.5%) $ 45,695.38 Co��Ra.40 Street/Drainage Plan Check Fees= $ 5,298.02 r9 Ar` Sewer Plan Check Fees= $ 500.00 'Des Street Inspection Fees= $ 8,830.03 Sewer Inspection Fees= $ 750.00 DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding,plan check and inspection costs. Above amounts do IIinclude additional 20%for recordation prior to having signed plans QOFESSyoN (fe G. Above amounts do not Qinclude addi ional 20%for recordation prior to having signed plansco OO CI — 40565 ngineer's Signature Date \o "711-04"A s e e 0-,o d i -- rAt 1 t Name typed or printed Civil Engin` :mp FORM$UNIT COSTS REVISED 09/06 *****PLEASE READ INSTRUCTIONS BELOW***** 1. Quantities to be taken from improvement plans,Unit costs to be as provided on"City of Beaumont Improvement Requirement Worksheet". 2. Show Bond Amounts to the nearest$500. 3. For construction items not covered by"City of Beaumont Improvement Worksheet",Design Engineer is to provide his opinion of construction cost and use of that cost.If City of Beaumont Unit Costs are determined to be too low in the opinion of the Design Engineer,the higher costs as provided by the Design Engineer should be used. 5/6/2013 4 e y • I / _,_=-.....=.-. 3)N3iY i�i l i � __ jt . r111111q'G ire HIflH iit �: vE_ "N , ,!H—' ., �\ twijlllillll�wa� .'.-C �`�i'f �� 1fl ~ \\. 2r``v♦ t.,a��s_:.1 iii ' I f '; ,,:ti tkn ,e1= �. .� -,----,r_/M 0 itr!eu�.:;f'=� �� �l arts'oi ltii • PI(11� f tt/.' _ - �, i�ei�in _ 2I �� �a * Hf/! unn► G _ ►, �� '='R �'i 461awn- -'•4 ;ice► ; -... +. /**::.....$ /�oonf ,,_ .,�,,_>•...:,i� /# -- / • ;:,re-1J; r is ilk 0-4 Id y --4, 1 6 . x,44 � „.4.7. , Z� tt \4 4,Itiii tiggivA i 1,1 ♦ „VIZM ‘ti �`? le ISCA tiII � � x �i 45L,� � �►ma ` I 1 fi ,'OSii►i- g03 _ lir �`�� . ` y- • s �r ;r� x,-,,,t... .-___;.1...•4e \`Ya♦ `,#% y �� R • t -it . 1)-0,..7'. 1, s ,i. _ g7,'ra ;`-, . igiill �Iili .-0, ' i7ms: /.inrm +U , _ + Ari{{H a! �. a•t'0!*t N z 8 N • • i��+`'N '..,Alk ,lij�I�'" i • ffc•iGii 5 2 cy, m00 r"��i11N1�t� . " mm-0 co 1,....ACL__ • �pµ�y ,t�tti i6 ,/,. • UJ iM Z 4(„ri, i 'at k f y'i 0 CL . 2illb14 i —4r Y ,', .y . �' c.{ ._. , Lir,';t2a- ':::',.,...L-.,:. .r,:,ii ._2,A It.r..d.,• _ .... u.... g , • . Film 1 .7111 .\\ i‘A. Z -43 tri'': I - • '. ,24 r- 1 < • • ...".1 1 1 Z yrs tai:,'q �j`i_ _r_ _ ��_ < =1,r.E 4, . Lt 1 L._ 4 11i r�J441;a lr i Z /ZVI** • P, I , Q., 1-77 m . 't-' , r.17 r r . . C . . I • II . CITY OF BEAUMONT June 17, 2013 K Hovnanian Four Seasons @ Beaumont 2525 Campus Dr. Irvine,Ca.92612 ATTN: Perry Devlin RE: Agreement to provide security for improvements tract 33096 Street,Sewer,Storm Drain Mr. Devlin: Attached please find for your records the above referenced agreements which were signed and approved by the City Council at the regular scheduled meeting held May 21,2013.At such time the improvements have been complete please submit your request in writing for bond reduction to the City of Beaumont. If you have any questions please do not hesitate to give me a call at 951-769-8520 Ext.354. Thank you, Roxann Flowers Customer Service Coordinator 550 E. 6th Street • Beaumont • CA • 92223 • Phone: (951) 769-8520 • Fax: (951) 769-8526 www.ci.beaumont.ca.us