HomeMy WebLinkAboutMINUTES - 09112001 - C.20 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 11, 2001. by the following vote:
AYES: Supervisors Gioia, Gerber , DeSaulnier , Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.:2001/ 410
SUBJECT: Approve the Road Improvement Agreement for Bollinger Canyon Road Culvert #1,
RA 1111 (cross-reference SUB 7976), in the 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 Windemere BLC Land Company,LLC,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 installation of
culvert.
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:
1. Cash Deposit
Deposit Amount: $11,100.00
Deposit made by: Windemere BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 371112 dated 7/5/01 and 372608 dated 8/7/01
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Originator: Public Works(CS)
Contact: Teri Rie(313-2363)
cc: Pubic Works- R.Bruno,Consvuction
Current Planning,Community Development I hereby certify that this is a true and correct copy of an action
T—July 11,2002(PI)
Windemere BLC Land Co.,LLC,Ann:Pete Peterson taken and entered on the minutes of the Board of Supervisors
3130 Crow Canyon Place,Ste 310,Smt Ramon,CA 94i83
The American Insurance Co.,Attn:Patricia Brebaer on the date shown.
5 Peters Canyon,Irvine,CA 92606
ATTESTED: September 11, 2001
JOHN SWEETEN, Clerk of the Board of Supervisors and
County Administrator
01
By Deputy
RESOLUTION NO. 2001/ 410
SUBJECT: Approve the Road Improvement Agreement for Bollinger Canyon Road Culvert#1,
RA 1111 (cross-reference SUB 7976), in the Dougherty Valley area.
DATE: September 11, 2001
PAGE: 2
II. Surety Bond
Bond Company: The American Insurance Company
Bond Number and Date: l 11 3358 2913, June 25, 2001
Performance Amount: $1,094,000.00
Labor& Materials Amount: S552,550.00
Principal: Windemere BLC Land Company, LLC
NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is
APPROVED.
All deposit pen-nits are on file with the Public Works Department
RI?SO1.UTION NO. 2001/410
COUNTY OF CONTRA COSTA V
i DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER:REA MARTINEZ,CALIFORNIA ` (�
RECEIVED FROM
QJOn 1 r�- t r,� -C'�. �t _ tA,�r `�` ORGANIZATION NUMBER
(Organiwfion)
�5�5 C7
A1 10f 15.a (For Cash Collection Procedures see County Administrator's Bulletin 1105.)
DESCRIPTION FUND/ORG. SUB'ACCT. TASK OPTION ACTIVITY AMOUNT
c- $ I
,S c oO 1 A REV
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EXPLANATION: TOTAL $
IFIr`.r �.l C...�1, ��' �� G 1 l �^ 0:�('� DEPOSIT a .3 C? 33 LL !q(.n
) Deposit consists of the following items./ ✓
(D D 1- COIN and CURRENCY $ 02.,.3. 71,
CHECKS,M.O.,ETC.
05 7`T BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE U2 AL P7
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is pproved. Receipt of above amount is hereby
deposit into the County Treasury. t acknowledged.
�!
Signe C a. r.e. a P�.C... .f-- Dater.
Signed: _ Signed:
Title: r /,:5-
Deputy County Auditor Dep ty Cou t reasurer
D-34 REV.(7-93) r. ` `� �e��
Trust Fund 819800-0800 Total $31,000.00
G#1060210 $11,000.00 RAI I I I Road Acceptance Cash Bond, Guarantee of
Performance, Windemere BLC Land Company LLC, 3130 Crow Canyon,
#310, San Ramon, CA 94583
G#1060212 $20,000.00 RAI 113 Road Acceptance Cash Bond, Guarantee of
Performance, Windemere BLC Land Company LLC, 3130 Crow Canyon
PI., #310, San Ramon, CA 94583
-/DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER U
(Organization) .
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT
ACCT.
$
/PC P 61,0G/L 1 yvy�'93 3 3.5 � 1`'G_G.G /-� 7; •:'"`/Y� .�',�.5r
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EXPL ATION: TOTAL
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
/ r PERMIT DP
1,4 NUMBE 37200 AUG a
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approve Receipt of above amount is hereby
as
deposit into the County y. /J acknowledged.
Sigr Date
Signed: Signed:
Title: �� UFi� EXT. Deputy County Auditor D y County Treasurer..
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Bond No.: 111 3358 2913
Development: Windemere 1
Premium: $3,829.00 ,C
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 RA1111, Culvert #1 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: Windemere BLC Land Company, LLC ,as Principal and
The American Insurance%',, a corporation organized under the laws of the State of Nebraska
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:
1-Company
A. Performance: One Million Ninety Four Thousand and no/100
Dollars ($1,094,000.00 ) for itself or any city assignee under the above County
Road Improvement Agreement,plus'
B. Payment: Five Hundred Fifty Twa Thousand Five Hundred Fifty and no/100
Dollars ($ $5521550.00 ) to secure the claims to which reference is made in
Title 15 §§ et seq. of the Civil Code of the State of California.
�. 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, slnallin all things stand to and
ss 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
iIile!lt 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.
i
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 auomey'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 Pan 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 25, 2001
WINDEME BLC LAND COMPANY, LLC, a
Califor �a limited liability company
B • LEN R HOMES OF CALIFORNIA, INC.
PRINCI�AL: a r SURETY: THE AMERICAN INSURANCE COMPANY
Address: Address: 5 Peters Canyon
City. 3130 Crow Canyon, #300 City. _Irvine, CA 92606
By: San Ramon, CA 94583 By.
Print Name: Michael P. White Print Name: Patricia Brebner
Title: vice President Title: Anomey-in-Fact
\NPW54ljH ATA \EA$S.c%Fcmu1BN W0RD\BN•9.doe
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT _
State of California
County of Orange
On June 26, 2001 before me, S. McDonald, Notary Public, personally
appeared Michael P. White, 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.
Witness my hand and official seal. S. MC DONALD
Notary Puc!ic - C:,i,-omia
Orange Cou^*y
MyComm.v�i'c5 P�i o,20(14
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., for _
Windemere BLC Land Company, LLC
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Improvement Security Bond No. 111 3358 2913
Number of Pages: Two (2)
Date of Document: June 25, 2001
Signers (other than those named above): Patricia Brebner
CALIFORNIA ALL-PURPOSE A( I.OWLEDGMENT No.5907
State of California
County of Orange
On June 25, 2001 before me, Alexis H. Bryan,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC'
personally appeared Patricia 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.
ALEXIS K BRYAN
Commission X 13067383
WITNESS my hand and official seal.
Notary Public-California i
Orange County L
My Comm.Expires Jun 1,2005 SIGNATURE OF NO RY
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 DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑
PARTNER(S) LIMITED
GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
21REMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORA'T'ION ASSOCIATED INDEMNI'T'Y CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL
SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY.a New Jersey corporation redomesticated in
Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY,a Missouri corporation,(herein collectively called"the Companies')does each hereby appoint Patricia Brebner
of Costa Mesa, CA
their true and lawful Attorneys}in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof------------
and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the
Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact,may do in the premises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now
in full force and effect.
This power of attorney is signed and sealed under the authority of the following Resolutiop adopted by the Board of Directors of each of the
Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended
or repealed:
"RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,
and the seal of the Companies may be afrrxcd or printed on any power of attorney,on any revocation of any power of attorney,
or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies."
IN WITNESS WHEREOF,the Companies have caused these presents to be sied by their Vice-President,and their corporate seals to be hereunto
affixed this 30 day of January 20017
Cp `,•l.E �C +��wNerG ��j:':;�yy .+papa[- � FIREMAN'S FUND INSURANCE COMPANY
vO4, ti v ` °: NATIONAL SURETY CORPORATION
Z w!. I
�a = �'" ° :_._: t THE AMERICAN INSURANCE COMPANY
xrt.l.wo •. °B
ASSOCIATED 1NDEbINI'I'Y CORPORATION
b,ttrdb,QJ' •
st � � y• �����s' '
........ N AM" IC LZ�MOBIIE INSUR�NCOMPANY
STATE OF CALIFORNIASS. BY '
COUNTY OF MARIN } We-President
On this 30 day of January 2 0 01,before me personally came Donn R. Kolbeck
to me known,who,being by me duly sworn,did depose and say: that he is a Vice-President of each company,described in and which executed
the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that
they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
KRISTIN A.GAZZOU D
COMM.$1262236
O O
0 i NOTARY PUaUC-MIFOANIA
MARlN COUNTY 0
Q MY conn t2vk-"20,s00r
- N b
STATE OF CALIFORNIA SS CER'T'IFICATE
COUNTY OF MARIN
I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF
ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each coatpany,and the Resolution
of the Board of Directors;set forth in the Power of,Attorney,are now in force.
Signed and sealed at the County of Marin. Dated the 25th `day of June 12001
�*Aws
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a .•rR(.• : Z I;_ ! 1
E A L St
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Resident AssistantS
ROAD IMPROVEMENT AGREEMENT
Developer: Windemere BLC Land Company,LLC Effective Date: 1 I y I 1
Development: RA i 1 I 1 ( X 1C SHB '_�9 7t) Completion.Period: I year
Road: ///
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUN•fY DEVELOPER
Maurice M. Shift,Public Works Director Windemere BLC Land Compan ,LLC
By: +' .' `•��� �e�1C� (signature) /
(print name&title)
RECOIN MENDZD FOR AI'1'ROV.AL JICe rest'dent L,e'.nrmar- Nowtes o�CA
xnC_-
BY: --- (signature)
�'.n`�IIICCrIQsl,
ylce5 1VISIOn (print n.'une&title) `vorl LoLr`S� e.f�
^ ' - r.. - �-8 V)n Gtr
FORM APPROVED: Victortman,County Counsel "cry fes c
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code 5313.)
1. PARTIES&D:1TL_'.Effective un the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Developer,
mutually promise and agree as follows concerning this development:
2. Il\IMOVEMENTS. Developer 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 Cor thus development as reviewed and on
file with the Contra Costa Counq 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(hereunder:and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. i.MPROVEMENT SEC:URI.1 Y. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,proviideA security to the
County: � Q, Oo
A. -For Perfomuntceand Guarantee: I I�106eCx::aslt,plus additional security,in the amount of$I)D j�3�uch together total one hundred
percent(100°/x)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 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. For Payment Security in the amount of$552,550.00,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
\_ Acceptable corporate surety bond.
Acceptable irTevocable 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 S94-4.408 of the Ordinance Code.
4. GUARANTEE AND NVARRANTY OF WORK. Developer guarantees that said work shall be fi-ee 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.
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 tinder this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and ottterpest 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 orte-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.
7. 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 full ill Utis agreement as prescribed;nor shall
the County be thereby be stopped from bringing any action for damages arising from the failure to comply with:my of the terms and conditions hereof.
5. INDEMNITY: Developer shall hold hamtless 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. "ihe actions causing liabili 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 Indemnitee 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-PERIORMANCP,AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subscyuent 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 aril 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,evert 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 shall be
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. i.rt 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
Dl:lap
G:\GrpData\EngSvc\Dean`•2001Uuly\RA 1111 AG-24.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
•1
State of California ,
ss.
County of
is � �- � . - •.
On A -t i j 1,3:�1�;G? I before me,
I; I Ddie Nam)and Title of Officer(e.g.,"Ja a Doe,Notary Pubic")
1 •1
personally appeared I �'.. ' L l
Names)of Signer(s) •�
personally known to me '
❑ proved to me on the basis of satisfactory ,
evidence ,
to be the person( whose name( is/are '
All— A "� "�""'`'"'�' subscribed to the within instrument and '
ca rlrciss,cn i.; =?� acknowledged to me that he/oe/tlty executed ,
No'a Pubic. Ccr�crf is ; the same in his/h /t12eLr_ authorized )
. f ,.. Alameda r:ountycapacity(4), and that by his/bj`:et/thvk
MyCcmm.E,-PmsNov 19,20-M y signature�on the instrument the person(,( or
the entity upon behalf of which the person(,' '
acted, executed the instrument.
WIT ESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
1
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: 1
Document Date: Number of Pages:
� I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: _
❑ Individual
i Top of thumb here
❑ Corporate Officer—Title(s): ,
❑ Partner—❑ Limited ❑General
❑ Attorney in Fact J
❑ Trustee
❑ Guardian or Conservator
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❑ Other:
,
Signer Is Representing: J
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1997 National Notary Association"9350 De Soto Ave.,P.O.Box 2402"Chatsworth,CA 913132402 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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,. State of California
County of aflaa_ CLSJ0____1 ss.
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On , before me, I'Q(A- 1i1 Cr
Datfi Name and Title of Officere. )
( g.,'Jane Doe,Notary P blit")
)
personally appeared
Name(s)of Signer(s) )
personally known to me '
)
❑ proved to me on the basis of satisfactory
evidence
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to be the person( whose name(i*_Js/ar
subscribed to the within instrument and )
TfZACI R. Rs,N-:)nii I
717 ti C^emission#. 174?394 acknowledged to me that he/st�/th*executed
f�otory Pub:c-CG?forma the same in his/h�l3hee authorized ;)
A;amedo county capacity(i�_ and that by his/hEwlthL�k )
my�nm-Exp�SNov 19,3�D3 J signature(,k�on the instrument the person(,,or )
the entity upon behalf of which the person(
acted, executed the instrument.
WITNESS my hand9ndofficialnseal. )
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Place Notary Seal Above Signature oil Notary Public 'I
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OPTIONAL
I 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 )
I. Title or Type of Document: )
� I
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
- ❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: )
Signer Is Representing: )
.I
OL
1
1997 National Notary Association-9350 De Solo Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827