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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-571 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 13, 2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,'Glover, and Mikema NOES: None' ABSENT None ABSTAIN:• None �SOI.U `ION 1�1t . t151 '' SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for 'Subdivision 04-08776, being developed by Windemere BLC' Land Company, L.L.0"., San Ramon(Dougherty Valley)area. (District The following document was presented for Board approval this date for Subdivision 04- 08776, located in the San Ramon(Dougherty Walley) area. A: Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, L.L.C., developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. {Cash Deposit Deposit Amount: $1,720.00 Deposit made by: Windemere BLC Land Company, L.L.C. Auditor's Deposit Permit No. and Date: 436206 ` December 16, 2004 TR:rYn I hereby certify that this is a true and correct copy of an c;:iGrpData\EngsvcvBO\2005\09-13\SD 04-08776 BO-16.doc originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: Teri Rio(313-2363) Supervisors on the date shown. cc: Public Works- T.Sell,Construction Current Planning,Community Development42,A T—July 13,2005(P1) ATTESTED: 42", Windemere BLC land Company,L.L.C. 6121 Bollinger Canyon Road,#500 JOHN SWEETEN,Clerk'of the Board of Supervisors and San Ramon,CA 94583 County Administrator Attn:Brian Olin National Farmers Union'Standard Insurance Company One Financial Plaza;10"'Floor Hartford,CT 06103 Attn:Patricia Brebner By— Z�, ,Deputy RESOLUTION No.2045t �� SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 04-08776, being developed by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District DATE: September 13,2005 'AGE: 2 II. Surety Band BondCompany: National Farmers Union Standard Insurance Company Bond Number and Date: 4410190 December 3,2004 Performance Amount: $170,480.00 Labor&Materials Amount: $86,100.40 Principal: Windemere BLC Land Company,L.L.C. NOW'THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping):is APPROVED. All deposit permits are on file with the Public Works Department. �t..�✓�/�cc-1 r CCS -� �'` -�5 BICE OPCOUNTY AWTOR-CONTR:ER O T f ICER: MARTINEZ CALIFORNIA r t ECE&&-pri A ORGANIZATION NUMUR $ t s i 1d jE6r Ciah Cotl lion Proo"fixes see Coemty Administrator's Bulletin 105.1 DESCRIPTION FUND/OR SUB. TASK OPTION ACTIVITY AMOUNT ACCT l f I ,5 „r+'r.•'t �l•, ,,`t✓g +��-` } 11;/d" _ ✓" r� b -�y +{i" `"R'" �'"". .'d E q '{. ���. � d• 4k } ��,b;tF� 1 5 g; ,fF:: d" «'` r � 1 r- r 6 I i; I I I I i i' I I 3 ,PLANATION TOTAL $ I DEPOSIT D"ca wish of the fa!!owing i#ems COIN and CURRENCY S WO CKS,M.C�ETC.. .}F x d FxAtJiC D6PC)SI $ TS x FOR AUDfPOR-CONTROLLER USE ONLY DEPOSIT PERMIT { NUMBER r ' DATE 43 ASSIGNED ie amount of money described abam is for Treasurers eipt of above amount is approved Receipt of above amountis hereby `. di�posit into the County Treasury... cknowiedged. Ir)V7t£ ijf F }' Signed Signed: - # EXT . ( uty for Deputy County Treasurer 2 REV.(7-43) s 819800-0800: 61158981, $3,090.00, Sub 8773, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61158983, $1 ,000.00, Sub 8774, Performance Cosh Bond, Windemere BLC Land Company LLC, 3150 Crow Carryon PI #310, San Ramon, CA 94533 819800-080th: G1158986, $1:..700°.00, Sub 8775, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Craw Canyon PI #310, San Ramon, CA 94583 819800--0800: 61158988, $1,720.00, Sub 8776, Performance Cash Bond, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G11i58990, $2,690;00, Sub 8777, Performance Cash gond, Wndemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1158992, $1,490,00, Sorb 8778, Performance Cash Bond, Windemere RLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800; 61158994, $2,500.00, ,Sub 8690, Performance Crash Band, { r7 4L7rJ 819800--0800: 1411 8995, $6,100.00, ' RA1148, Performance Cash Bond, 4.Se� 'a3 " 819800-0800: G1158996, $3.500.00, SOB868Y, Performance Cash Bond, job ll,R , tr O(DI 5 . .. 8198170-0800: 61158997, $9.870.00, RA1151, 'Performance Cash Bond, Windemere BLC Land Company LLc, 3150 Crow Canyon P1 #310, San Ramon; CA 94583 0649-9665 / 831000: 61158982, $25.200.00, Sub8773, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3154 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000: 61158984, $7,600.00, Sub8774, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61158987, $14130.00, Sub8775, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150' Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000: 61158989, $14,280.00, Sub8776Landscape Improvement Inspection Deposit, Windemere BLCLand Company`LLC, 3150 Craw Canyon`.PI #310, Sun Ramon, CA 94583 0649-9665 / 831000: 61158991, '$22.010.00, Sub8777, Landscape Improvement Inspection Deposit, Windemere 8LC Land Company LLC, 3150 Crow Canyon P1 #310, San Raman, CA 94583 0649-9665 / 831000: 61158993, $12,410.00, Sub8778, "Landscape Improvement Inspection Deposit, Windermere BLC' Land Company LLC, 3150 Crow Carryon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61158994, $14,700.00, Sub8690, Landscape Improvement Inspection Deposit, 3r1 = I . 1Gt3 �,�4 3LV 0649-9665 / 831000: 61158995 30 900. `LfRA11 sO� $_ 48, Lands-cape Inspection, an ompany rt-1-1-40-3-10-, 0649-9665 1 ;881000: 61158996, $19,400.00, Sub8685 Landscape Improvement Inspection, � u t an / hl 1't1! , Ifs L ila 0649-9665 i 831000: 01158998; $79d4W�.00, RA1151, Landscape Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon, CA 94583 0649`=9665 / 831000; 61158999, $547.17, FC Permit 633-03, Cash Deposit, Kinder Morgan SFPP,LP, 1100 Town & Country, Orange, CA 92868` 4649-9665 / 831000 61159000 $196.83, FC Permit 632-03, Cash Deposit, Kinder Morgan .SFPP,LP, 1100 Town & Country, Orange, CA 92868 Subdivision: SUB 8776 Bond No.: 4410190 Premium: $852.00` Executed in Duplicate IMa@'RUVEWEM SECURITY BOND FoR P uBuc 1UGaa T Qac WAY LAnscA r A RrEmENT (Performance,Guarantee,and Payment) (California Government Code Sections 66462 and 66463) 1. M90TAL OF SWIDIVISIAN AGREEMENT: The Principal has executed an agreement with the County to insual and pay for public right of way landscaping,and other related improvernerus in Subdivision 8776 as specified in the Subdivision Agreement(Right of Way Landscaping),azid to complete said work within the utile specified for completion in the Subdivision Agent (Right of Way Landscaping), all in accordance with State and local laws and raliAgs thereunder in order to Satisfy conditiom for dliag of the Final Map or Pard Map for said Subdivision. 2. t?.sa.rGATtvN: Kindem re BLC Ladd Coin autt LL.C. asPsincipal,and National Farmers Ution Standard' Insurance Companpa corpormcmor niudevstingunderthelaws of the State of c orado and authonze4 to trAnsact stem business in California, as Surety, hereby jointly and severalty bind ourselves, our hears, executors, administrator's, successors,;and assigns to the County of Contra Costa,California to pay it: A. Performance and Guarantee:One Hundred SevenM11, ouggg Faun Hundred F-i&a and 00!100 Dollars ($ 170,480-00 l for itself or any city assignee under the above County Subdivision.Agreement plus'' B. Payrneur. P,i Six Thousand One Hundred and 00/100_ Dolls (S 86,100.00 ) to secure ilia claims to which reference: is made in Title XV (com:aienc ng with Section 3082) of Pan 4 of Division III of the Civil'Code of the State of California. 3. CoNot rm: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded 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 cove milts,conditions and provisions in the said agreement and any alteration tliereofmade as therein provided,on is or its pant,to be kept and performed at the time alid in the manner therein specifiers,and in a l respects according to their true intent and meaning, and shall index nify 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. Pan Of the obligation secured hereby and in addition to the face amount ec` shall be included costs and reasonable sp ite+i therefore,there incurred by County(or city assignee) expenses an fees} including reasonable atronieys fees, costs and included 7u an judgement Cel lessAilly such r�t�l gatioA,ail to be taxed as Yj g B. The condition of this obligation as to Section 2. undersigned as co ram sur ( ) above is such that Said Principal and the surely are held firmly bound unto the County of Cc►nxta Costa and.all contractors,subcontractors,laborers,material men annd other of aforesaid agreement and referred to in the performance e afcrresadCivil ode format aiariasf h d or labor thereon of any Find,or for amounts due under the U'nemploymen,k sutance Act with respect to such work or labor, that said surety will pay the same in an amount not above set forth, and also in case suit is brag t upon this ba ceeding the amount herein amount thereo casts and reasonable gh po bond, will pay, in addition to the fact exp and fees including incurred by County{oar cityasst ee ins reasonable attorney's fees, fixed b the co $n essfully'afforc ing such Obligation,to be awa(led and y court,and to be taxed as costs and to be included in the judge therein rendered, It is hereby expressly stipulated and agreed that ibis bond ahl inure tb the benefit of persons,companies and corporations entitled to fele claims any and all 3082)ofPart 4 afDivision 3 of the Civil Code,so as to giveala light ofa lou w them asdolt in any suit brought upon this bond. ps Should the condition of this band be All performed Y otherwise it shall be and remthen this obligation shall became mull and void, ain in full farce and.efl=L C. NO alteration of said subdivision agreement or any pian orspeciahcation of said work agreed to by the Principal and the County shall relieve an S given to make such alteration without fi[her nototie to or consent bond;on this and the Surety olid consent is hereby waves the provisions Of California Civil Cade Section 2819,and holds t�tselfbo d without hereby to and independently of any action against Principal whenever taker. SIGNED AND SEALED onDecember 3, "200 NDEMERE 'BLC LAND COMPANY, LLC, a California limited liability sampan By: LEN-OBS Windemere, LLC, a'Delaware corporation, its Managing P� . L.gnnar Homes of California, Inc. , Member ALtsQ Mang Address: � SURETY: NATIONAL FARMERS UNION STANDARD Address: .�.t__i~n t P r�r i c P TlrRANCEINSU Address: one Financial Plaza, 10th floor City. p: 976fir, City: Hartfo CT 05103 PliIIt Name: T7a cr i{ r gra r a Print Natctte' Patri&#A 'R. Brebner Title. Title: Attorney-in-Fact re,w AT.%%GrpoaQ%Et';SvCT*M NWORDa3N.i2R.4ft K i i' Y i I i:::iA ,3E i^}[3`3E•f;^1ix'9i• P"??�" �1',�. '��3f<+:t.;g�-YW'NdU;I�'E^aYF€71 IY�VE CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran- e Can December 6. 2004 before me, Dina Print y,;personally appeared David Evans,-personally known to me to be the person whose name is subscribed to the within instrument and acknowledgedto 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. Witness my hand and official seal, DINA MINTY 0 Commission# 345351 ti „iI- Notary Public-California orange County MY comm.Expires Nov 28.20- 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. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 4410190 Number of Pages: Two (2) Date of Document: December 3 2004 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE A4 AOWLEDGMEN f No.5907 State of California County of OFange On December 3 2005 before me, Rhonda C.Abel,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNER{S} ® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and (ficial seal. .- RH;SgD*A C.ABEL (� COMM.#1312777 SIGNATURE OF NOTARY NOTARY PUBLIC-CALIFORNIA U' ORANGECGUNTY 0 COMM.EXP.AUG.9.2005.n 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 farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE($) ❑ PARTNER(S) LIMITED HGENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: NUMBER OF PAGES .. SIGNER IS REPRESENTING:` DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF'2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184 Canoga Park,CA 91309-7184 NATIONAL FARMERS UNION STANDARD INSURi�LNCE COMPANY [in the process of being renamed d+Quanta Indemnity Company] New York City,Now York 10020 POWER OF ATTORNEY KNOW ALL PERSONS BY THESEPRESENTS:that National Farmers Union;Standard Insurance Company[in the process of being renamed Quanta Indemnity Company],a Colorado corporation,(hereinafter the"Company"),does hereby constitute and appoint: Patricia H.Brebner of Irvine,California to be its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,seal, and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course of its business up to a penal sum not to exceed FIFTY MILLI-ON AND 001100 DOLLARS (S 50,000,000.00)each,and to bind the Company thereby as fully and to the same extent as if the same were sighed by the duly authorized officers of the Company. This appointment is made under and executed'pursuant to and by authority of the following By-law,which-By-law is now in full force and effect: ARTICLE XVIII-EXECUTION OF POLICIES,BONDS,ETC. Section 2. All bonds,undertakings,contracts,and other instruments,other than as above for and on behalf of the Company which it:is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Deputy Chairman,if any,or the President or a Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations,except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for in Section 3 below;may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman,Deputy Chairman,President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys- in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate beating such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed'and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,this Power of Attorney has been;subscribed by an authorized officer or official of the Company and, the corporate seal of National Farmers[.inion Standard Insurance Company:[in the process of being renamed Quanta Indemnity Company]has been affixed thereto in New York City,New York this 213 day of March, 2004. National Farmers Union Standard Insurance Company [in the process-of being renamed Quanta Indemnity Company] sy Walda Decreus,.Assistant Secretary �sTa �c►o,�,t��. i� e s 1968 r STATE OF NEW YORK) ss COUNTY OF NEW YORK) On this Ze.day of Marc 2004,before me,a Notary Public,personally came WALDA DECREUS,to me known,and acknowledged that she is an Assistant Secretary of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company),that she knows the seal of said corporation,and that she executed the above Power of Attorney and affixed the corporate seat of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company]thereto with the authority and at the direction of said corporation. 17 Wit!E.� F N�OWIC,e Std!of No York - '� #+I Notary Public tri commWon Expi June$0.M CERTIFICATE I,the undersigned,Secretary of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company],do hereby certify that the foregoing Power of Attorney is still in full force and effect,and finrther certify that Article XVIII,Sections 2 and 3 of the By-lawsof the Company are now in force. IN TESTIMONY WHEREOF i have subscribed my name and affixed the seal of said Company. Dated this 3rd day of December 3s 2004 By Martha G f neran,Secretary �, So Oft OF1a'r .. ,._.- li Ed's 3 u:::In�:e:;.U:i:i::igl:a36::'Ni:.:Nrxnii.::ir:+ryS:.:31:sii'::Nrl:alli::a ca:3ipafi E#::3h:•.a .....:.... ...:.v...v..e�..nnr::e..nv....:e..i e...n..::a:�ryx::. .:+A:n:::::::^#E:: "<idz-'t-pagtt.<yeti+:m-:a:i-�:rv}�;P-::ia.0?fpsE?:•^:f :NiY u:... IMPORTANT DISCLOSURE NOTICE REGARDING TERRORISM RISK INSURANCE ACT OF 2002 Under the provisions of the Terrorism Risk Insurance Act of 2002 ("The Act") we are providing this disclosure notice for bonds for which a subsidiary of Quanta U.S. Holdings, Inc. is the surety. You are hereby notified that any losses caused by a certified act of terrorism as defined by The Act may be partially reimbursed by the Federal Government under a formula established by The Act. The term "certified act of terrorism" means any actcertified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the>United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a;.United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or influence the policy or affect the conduct` of the Federal Government by coercion. The formula established by The; Act <requires the Federal Government to pay 90% of losses arising from certified acts of terrorism that exceed the statutorily established deductible to be paid by the surety. Acts of terrorism are not excluded from any surety bonds issued on your behalf and your premium charge for terrorism coverage is $0.00. This is a notice regarding your terrorism coverage which should be used for informational purposes only. Please refer to the bond form for the terms and conditions regarding your terrorism coverage. Form Number SUR 10001 (Ed.4/04) (Right of Way Landscaping) (Government Code§66462 and§66463) t Subdivision: SUEffective Date: $776 , Subdivider:'! Windemere BLC Land Company, L.L.C. Completion Period: 1 year w}NDEMERE BLC LAND COMPANY,LLC THESE SIGNATURES ATTEST TO THE'PARTIES'AGREEMENT HERETO: ACalifornia limited liability company By:LEN-OBS Windemem,LLC, CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company Managing Member Maurice M. Shiu,Public Works Director By:Lennar Hames of California,Inc„' _..Managing Member By: (signature) (print name—&title) Don arson,Vice President RECOMMENDED FOR APP L., By: (signature) n Engineering Services ' isl (print name4titl arleen Carpenter,Asst. ecretary FORM APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknovAedged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Cods§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,”and the above-m;ntianed Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road 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 subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa.County Ordinance Core(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),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 Cade 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 Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. Far Performance and Guarantae, $ 1,720.00 cash,plus additional security,in the amount of $ 170 480.00 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. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider 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. For Payrnen#: Security in the amount of$ 86.100.00 ,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 X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider 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. Subdivider agrees to norrect,repair,or replace,at his expense, any defects in said work. 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. Subdivider 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 afterthe Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider 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 Subdivision. 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,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY.I 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 Subdivider 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: Subdivider shall hold 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 sult(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing Ilablifty are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,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 Indemnitee has prepared,supplied,or approved any plan(s)or specifications)in connection with this work or subdivision,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: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish surrey monuments in accordance with the filed map and to the satisfaction of the County Road'Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS:If Subdivider falls 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 contractor otherwise,and Subdivider 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. Subdivider hereby consents to entry on the subdivision 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,Subdivider agrees to pay all costs Incurred by the County,even if Subdivider subsequently,completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision 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 shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. *W." G..1GMDat9%Eng$vclt 0MUa AG woRD\AG•30A.dx Rev.May 18.2001 4i:F...?.n.�...9ie i•F;A'e.;FBiiE:'x;:z;i I. :. � s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of L.. ?!l "C .F'c ss. On "'EA:Ar c P,,O(`..� before me,Y-%AL, 1 4 TAc Y l€`O&Ut-, i Data Name and Title of Officer(e.g.,'Jane Doe,Notary PublV') personally appeared �_ t 1 c. f N� ) Name(s)of Vignette) Arpersonally known to me El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are "--�:r:a.;. subscribed to the within instrument and t<A1iEN I.. *ENAN acknowledged to me that te/she/fhey executed Commitolon*1378827 the same in hisftr/their' authorized No M RA*c CdtforNo capacity(ies), and that by #ti's'ther/their Contra Coster County signatureon the instrument the MyComm,E>�resOct7.2W6 4 } person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES�.�'ny hand a ;offici seal. i Signafursa# taryPtib3ic y OPTIONAL 'though the information below is not required by law,it may prove valuable to persons retying 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(les) Claimed by Signer Signer's Name; [I Individual Top of thumb here i 11 Corporate Officer-T+tle(s): D Partner—E3 Limited' ©General 0 Attorney-in-Fact 0 Trustee 13 Guardian or Conservator El Other; Signer Is Representing: i 01999 National Notary Association-9350 De Soto Ave.,.P.O.Box 2402•Chalenvbrih,CA 91313.2402-www.nationahmaryorg � Prod.No.5907 Reorder:Call Toil-Free 1-800-876.6827