HomeMy WebLinkAboutRESOLUTIONS - 11202002 - 2001-280 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 26, 2001 by the following vote:
AYES: Supervisors Gioia, DeSaulnier, Glover, Gerber and
Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2001/ 280
SUBJECT: Approval of Road Improvement Agreement for North Gale Ridge Road,(RA 1104)
(cross-reference Subdivision 7984), Dougherty Valley area.
The following document was presented for Board approval this date for,property located in
the Dougherty Valley area.
A Road Improvement Agreement with Shapell Industries of Northern California,developer,
whereby said developer agrees to complete all improvements as required in said Road Improvement
Agreement within one year from the date of said agreement. Improvements generally consist of
street, drainage and other improvements on, or along RA 1104—Dougherty Road.
Said document was accompanied by the following:
Security to guarantee the completion of road and drainage improvements as required by Title
9 of the County Ordinance Code, as follows:
III. Cash Deposit
Deposit Amount: $4,900
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 369922, June 15, 2001
1 hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
G:\GrpData\EngSvc\BO\2001TO 6-26-01 doc on the date shown.
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Originator: Public Works(ES)
Contact: Teri Rie(313-2363) ATTESTED: June 26 , 2001
cc: Pubic Works- R.Bruno,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and
Current Planning,Community Development County Administrator
'r—March 26,2002(P I)
Steve Savage
Shapell Industries of Northern California
100 W.Milpitas Blvd.
Milpitas,CA 95035 By Deputy
RESOLUTION NO. 2001/ 280
SUBJECT: Approval of Road Improvement Agreement for North Gale Ridge Road,(RA 1104)
(cross-reference Subdivision 7984),Dougherty Valley area.
DATE: June 26, 2001
PAGE: 2
N. Surety Bond/Letter of Credit
Bond Company: SHH Insurance Services
Bond Number and Date: 190723986, June 14, 2001
Performance Amount: $483,800
Labor& Materials Amount: $244,400
Principal: Shapell Industries of Northern California
NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
Bond No.: 190 723 986
Premium: $2,419.00
Development: RA 1104 (cross-reference SUB 7984)
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along North Gale Ridge Road to complete said work within the time specified for
completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings.
2. OBLIGATION: Shapell Industries of Northern California,A Division of Shapell Industries Inc.,as Principal
Nationa
and anyloylfiear Toaarfforporation organized under the laws of the State of Cr
I
and authorized to transact surety business in California, as Surety, hereby jointly and severally bind
ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa,
California to pay as follows:
A. Performance: Four Hundred Eighty Three Thousand,Eight Hundred Dollars($483,800)for itself
or any city assignee under the above County Road Improvement Agreement,plus
B. Payment: Two Hundred Forty Four Thousand, Four Hundred Dollars ($244,400) to secure the
claims to which reference is made in Title 15 §§et seq.of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal,
or principal's 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 it or its 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 County of Contra Costa or city
assignee,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 therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of
any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or
labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by
the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded
and fixed by the court, all to be taxed as costs and to be included in the judgement 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 of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions 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.
C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this document on June 14, 2001
National Fire Insurance
PRINCIPAL: Shapell Industries of Northern California SURETY: COWanY Of Hartford
Address: P.O. Box 361169 Address: 21650 Oxnard Street, Suite 600
City: Milpitas, CA 95035 City: Wbod4�nid Hillf�, CA 91367
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By: By:
Print Name:J.C. nimhre / /Mark WestFhal Print Name: Pamela L. Stocks
Title: &waltive Vice Pcesidmt /Asst- -cbmetarY Title: Attorney-in-Fact
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know Ail Men By These Presents,That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING.
PENNSYLVANIA, a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"), are duty organized and existing
corporations having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signature and seals
herein affixed hereby make,constitute and appoint
- Pamela L_ Stocks, Beverly A. Hall, Sandra V. Hanner, Individually
of Sherman Oaks, California
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seat and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
hereof,duly adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this — 7th day of January 2000
4 %14SUR MY ap CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
COWORATE AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
0
Z JULY 11
0 'SEAL
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Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 7th day of January 2000 ,before me personally came
Marvin J.Cashion,to me known,who, being by me duly sworn, did depose and say:that he reside;inthe City of Chicago, State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he
knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed
pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,
and acknowledges same to be the act and deed of said corporations.
-OFFICIAL SEAL*
• DIANE FAULKNER
Notary Pullift Stat:Of 1111111nds
• My Conwrieshm Expk"9117ADI
to****4`*#************#****#*
My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
1, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in forcq. In testimony whereof I have hereunto su c ed my name and affixed the seals of the
said corporations this 14th day of JUtle
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
CoWORArLr AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
rc
JULY 11
C'
SEAL C P,-
Mary A. Ribikawskis Assistant Secretary
(Rev.10/l/97)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
St,t,of California OPTIONAL SECTION
County of Los Angeles CAPACITY CLAIMED BY SIGNER
On 6/14/01 before me,—Sandy Hanner, Notary Public Though statute does not require the Notary to rill in
DATE NAME,TITLE OF OFFICER E.G.,'JANE DOE,NOTARY PUBLIC- the data below,doing so may prove invaluable to
personally appeared Pamela L. Stocks NAME(5)OF SIGNER(S) persons relying on the document.
INDIVIDUAL
personally known to me-OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are TITLE(S)
subscribed to the within instrument and
acknowledged to me that he/she/they executed PARTNER(S) LIMITED
SANDY WANNER the same in his/her/their authorized GENERAL
Commission# 1188693 .capacity(ies),and that by his/her/their V/ATrORNEY-IN-FACT
Notcwy Public-Cortfomia signature(s)on the instrument the person(s)or
Z the entity upon behalf of which the person(s) TRUSTEE(S)
Los Angeles county r . GUARDIAN/CONSERVATOR
acted,executed the instrument.
WMy Comm.Expires Jul Z 2002 OTHER:
WM hand and official§eal, SIGNER IS REPRESENTING:
Z_nS,/7 1 NAW OF PERSON(S)OR ENTITY(IES)I
SI ATURE OF NOTARY
acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or National Fire Insurance Co. of Hartford
a resolution of its Board of Directors
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Siguer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents,
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
Ii. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
Ill. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have
the—authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
(b)The President
(c)Any Vice-President
GROUP 2. (a)The Secretary
(b)An Assistant Secretary
(c)The Chief Financial Officer
(d)The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I State of California
ss.
County of
On 40/ before me, (� OZ 46A-) )&X,
/Date/ Name and Title of Officer(e.9.,"Jan Doe,Notary blit")
personally appeared c--Loe,do e- kid IVA?* AwL
j Name(s)of Signer(s)
11 personally known to me
El 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
CAROL ANN BOX
acknowledged to me that he/she/they executed
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,jkj.# 1198743 11A 0 the same in his/her/their authorized
NOTARY PUBLIC-CALIFORNISANTA A
0 capacity(ies), and that by his/her/their
2,2002-4 signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
V)ATVESS my ha official
Place Notary Seal Above 1P' nature 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.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: 0012WPAWIZI�,Moll
El Individual Top of thumb here
El Corporate Officer—Title(s):
D Partner—1-1 Limited 0 General
El Attorney in Fact
[_1 Trustee
[_1 Guardian or Conservator
11 Other:
Signer Is Representing:
1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-15827
ROAD IMPROVEMENT AGREEMENT
Developer: Shapefl Industries of Northern California Effective Date: TY 0 e' 2,2,21
Development: RA 1104(cross-reference SLYI3 7984) Completion Period: 1 year
Road: North Gale Ridge Road
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Shin,Public Works Director Shapell Industries of Northern California
By: {signature}
(print name&title)�//:7.
RECOMMENDED FOR APPROLVAL i5xect—kve '✓te_-g fle-e51ae-
By: (signature)
Engineering luccsvj)67 (print name&title)
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code 5313.)
I PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coun "and the above-mentioned Developer,
mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer agrees to install certain Toad improvements(both public and private),drainage improvements,signs,street lights,fire
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on
file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements (hereinafter called "work") within the above completion period from date hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance and Guarantee: $4,900 cash,plus additional security,in the amount of$483,800,which together total one hundred percent
(100%)of the estimated cost of the work. Such additional security is presented in the form of:
___Cash,certified check or cashiers check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. ForPayment: Security in the amount of$244,400,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in
the form of:
Cash,certified check,or cashier's check
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordance with S94-4.406 and 5944.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"
of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of
Directors of the Company-
"Article IX—Execution of Documents
Section 3.Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive,Senior or
Group Vice President may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like.nature. Such attorneys-in-fact,subject to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seat of the Company thereto. The Chairman of the Board of Directors,the
President or any Executive, Senior or Group Vice President or the Board of Directors,may, at any time,revoke all power and authority
previously given to any attorney-in-fact.'
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
'Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any 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 certified by 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.*
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company,
"Article VI—Execution of Obligations and Appointment of Aftorney4n-Fact
Section 2. Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates aftomeys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature- Such attomeys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice
President may at any time revoke all power and authority previously given to any attorney-in-fact.'
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any 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 certified by 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.'
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company_
"RESOLVED:That the President,an Executive Vice President, or any Senior or Group Vice President of the Corporation may,from
time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,
bonds,undertakings and other obligatory instruments of like nature- Such Attorney-in-Fact,subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument
and to attach the seal of the Corporation thereto.The President an Executive Vice President, any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact.'
I
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution\adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
'RESOLVED:That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal
of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seat of the Corporation may be
affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be
valid and binding on the Corporation.Any such power so executed and sealed and certified by 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 Corporation-*
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the
Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after
the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in
Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during
the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the
work as promised.
?. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee
of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or
materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall
the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Developer shall bold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,
officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions
defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such
liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the
defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and
attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemuitee has prepared,
supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the
alleged damage resulted partly form any negligent or willful misconduct of any Indemnity_
9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or
fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges
incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to
complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay
all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
11. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete, the development is included in territory
incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shallbe
transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement
as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval _
Mlap
G:\GrpData\ErngSvc\Chris\Projects\Gale Ranch\RA 1104 AG-24.doc
Rev.April b,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On before me,
/bate Name and Title of Officer(e.g.,"Jan Doe otary Public"
bAj -doje j A4
personally appeared g��j 0
NarneLt of Signer(s)
0 personally known to me
Li proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
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capacity(ies), and that by his/her/their
COMM.4 1195743
' jHQTA;'Y PUBLIC-CAUFCRNIA signature(s)on the instrument the person(s), or
SANTA CILARA COUNTY the entity upon behalf of which the person(s)
COMM.EXP.OCT.22,20a2 acted, executed the instrument.
I ESS nd an offi seal.
Place Notary Seal Above Si ture 0 tary u c
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
i and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
MOWN
1-1 Individual Top of thumb here
L1 Corporate Officer—Title(s):
1,1 E-1 Partner—El Limited 0 General
0 Attorney in Fact
0 Trustee
E Guardian or Conservator
Ll Other:
Signer Is Representing:
(D 1997 National Notary Association-9350 De Soto Ave_P.O.Box 2402-Chatsworth,CA 91313-2402 Prod-No,5907 Reorder:Call Toll-Free 1-800-876-6827