Loading...
HomeMy WebLinkAboutRESOLUTIONS - 09112001 - 2001-406 � f 044 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.: 2001/406 SUBJECT: Approve the Drainage Improvement Agreement for East Branch Alamo Creek Restoration, DA 0002 (cross-reference SUB 7976), Dougherty Valley area. The following document was presented for Board approval this date for, property located in the Dougherty Valley area. A Drainage Improvement Agreement with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Drainage Improvement Agreement within one year from the date of said agreement. Improvements generally consist of restoration of creek. Said document was accompanied by the following: Security to guarantee the completion of drainage improvements as required by Title 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $24,000.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: DP372608 dated 8/7/01 D1:gpp:lap I hereby certify that this is a true and correct copy of an action G:`,.GipDaw',EngSvc\130`,2001'430 9-I I-01.doc Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors Contact: Tcri Ric(313-2363) on the date shown. cc: Pubic Works- R.Bruno,Constriction Cuncnt Planning,Community Development T-July 11,2002(P1) September 11 2001 Windemeie BLC Land Co.,LLC,Attn:Pete Peterson ATTESTED: P 31.30 Crow Canyon Place,Ste 310,San Ramon,CA 94583 JOHN SWEETEN, Clerk of the Board of Supervisors and The American Insurance Co.,Atm:Patricia Brebacr 5 Peters Canyon,Irvine,CA 92606 County Ad►ninistrator By , Deputy RESOLI MON NO- 2001/ 406 SUBJECT: Approve the Drainage Improvement Agreement for East Branch Alamo Creek Restoration, DA 0002 (cross-reference SUB 7976), Dougherty Valley area. DATE: September 11, 2001 PAGE: 2 H. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 111 3358 3275, July 18, 2001 Performance Amount: $2,375,000.00 Labor& Materials Amount: $1,199,500.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Drainage Improvement Agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLI JTTON NO. 2001/406 Development No: EXECUTED IN DUPLICATE Bond: 111 3358 3275 Premium: $8,313.00 A . H PROVEMENT SECURITY BOND FOR DRAINAGE RviPROVEMENT AGREEMENT (faithful performance &maintenance, AND labor and materials) 1. OBLIGATION: Windemere BLC Land Company, LLC (Principal), as Principal, and The American Insurance Company (Surety, a corporation organized and existing under the laws of the State of Nebraska and organized and existing under the laws of the State of California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance, & Maintenance: Two Million ThrPP Hundred SPVPnfW F;tip Thn„cand ($ 2,375,000.00 )for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor & Materials: One Million One Hundred N;nPty N;nP Thousand Five.-Hundred Dollars ($ 1,199,500.00 ) for the benefit of persons protected under Title 15 § et seq. of the California Civil Code. 2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in Windemere, Phase 1A , as specified in the Drainage Improvements Agreement, and to complete said work within the time specified in the Drainage Improvement Agreement for completion, all in accordance with State and local laws and ruhn-n.`l-,reunder in order to satisfy the conditions of approval for East Branch Alamo Creek Restoration 3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement,and protects the premises from claims of such liens, then this obligation as to Section 1-(B).above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the w county shall relieve any surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Suretv will a .. reasonable attorneyfees fixed b court to be taxed as costs and included in the 'ud " JUL 20 2001 i' 3. CONDITION' 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 covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is 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 costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (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 or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and 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, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by 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. SIGNED AND SEALED on July 18, 2001 _ PRINCIPAL�,ndErnr�-e, 6 . �.n�d Ottf Ll w SURETY The Americ Insurance Company � � i►�,� Ccw+Pc�.n� By By �( ✓ V1, mnce; L-enna.r Patricia Brebner, Attorney-in-Fact Address 3130 ofow C,,u,Wr,Y, (X ,Ske.310 Cc,- .«Address 5 Peters Canyon Road :mw i C,6 q`t s 83 Irvine, CA 92606 G:\GrpDafa\EpgSvc\Fomis\BN WORD,BN-10.doc . Rqv.SOftAkr 13',2000 DevelopmentNo: EXECUTED IN DUPLICATE , Bond: 111 3358 3275 Premium: $8,313.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance &maintenance, AND labor and materials) 1. OBLIGATION: Windemere BLC Land.Company, LLC (Principal), as Principal, and The—American Insurance Company (Surety, a corporation organized and existing under the laws of the State of Nebraska and organized and existing under the laws of the State of California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance, & Maintenance: Wo Million Three Hundred Seventy Five Thousand ($ 2,375,000.00 )for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor & Materials: One Million One Hundred Ninety Nin 'IbbuSand Five Hundred ($ 1,199,500.00 ) for the benefit of persons protected under Title 15 § et seq. of the California Civil Code. 2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in Windemere, Phase 1A , as specified in the Drainage Improvements Agreement, and to complete said work within the time specified in.the Drainage Irmpr vement Agreement for completion, all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for East Branch Alamo Creek Restoration 3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B).above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the county shall relieve any surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this b 'll r attorney fees fixed by court to be taxed as costs and included in the judge. FE [ r J U L 2 0 2001 3. CONDITION' 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 covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is 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 costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (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 or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation,to be awarded and fixed by the court, and 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 bf any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by 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. SIGNED AND SEALED on July 18, 2001 PRINCIPAL W I,hde,, h-ere- C)LC.�.ca;,Nd 0.1 an ,Li_L- SUY REThe American Ins/Durance Com an ByCa�,��v V�• By � /Z_e-C�''c-t✓ 06-Y, a�so`V r-� cz -PrNs cla��+ F Want e ,�-Cnoar-1+omzS o� Patricia Brebner, Attorney-in-Fact Address Address 5 Peters Canyon Road 313v C.rcw c"ar-�vn kac.e She 3co Irvine, CA 92606 :mW 5U n �o-���r Lys GAGrpData\EngSvc\Fomss\BN WORMBN40.doc . Rev:'Septeml 13.2660 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT "� =• I 4?Gf G� cFc ?Gr crG< > crccC cc cry crccrac c�e�cocr >ercc cc cc _ r� State of California ) n /� ss. •� County of �4 l�f`�'1 Q� l On_S D before me, Date Name and Title of Officer(e.g..'Jane Doe,Notary P blic) personally appeared • Name(s)of Signer(s) •.; *ersonally known to me ❑ proved to me on the basis of satisfactory f evidence TRACI R. RH_ ` Ck-)mmission# 1242394 to be the person(A whose name(. is/W ) �Prl Notary PubliC a�?olt,ia Z subscribed to the within instrument and C r z Alameda r:ounty acknowledged to me that he/sy0/thW executed my Comm. .fnxesNov 19,2-M the same. in his/h_Wth�( authorized capacity(.t , and that by his/11stLthlr signature*on the instrument the person(k or the entity upon behalf of which the person( acted, executed the instrument. I: I WITNESS my h nd nd official seal. ) t Place Notary Seal Above Signature of Notary Public i I• 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 ; �- ) Title or Type of Document: ti YG�-•1Nu=u--J I• Document Date: C,C! I Number o Pages: ) Signer(s) Other Than Named Above: I ,1 Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ) ❑ Corporate Officer—Title(s): ) I C] Partner—❑ Limited ❑ General •,� - ❑ Attorney in Fact ) ❑ Trustee Guardian or Conservator ❑ Other: Q //ff Signer Is Representing:_(ti�i)v �Nm�t j ILL �(,f v 1 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1-800-8766827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On July 18, 2001 before me, Leigh Christiansen,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. LEIGH CHRISTIANSEN COMM.#1156546 NOTARY PUBLIC-CALIFORNIA ® ORANGE COUNTY ►- My Comm.Expires Sept.25.20 1 WITNESS my hand and official seal. SIGNATURE OF NOTARY 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 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 FIREMAN'S FUND INSURANCE COMPANY NATIONAL'SURETY CORPORATION ASSOCIATED INDEMNITY 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 bf Costa Mesa, CA their true and lawful Attorney(s)-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 Attomey(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 Yce-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed 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 signed by their Vice-President,and their corporate seals to be hereunto affixed this 30 day of January 2 0 01 �., FIREMAN'S FUND INSURANCE COMPANY r °�t,O `:`El�:'�. •�`�� `°� 1"+�••a~`�F%' ' o°''u NATIONAL SURETY CORPORATION �o �' o • '— t ' THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION �t� � '• :.:.• AMERI UTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA SS. By • COUNTY OF MARIN } vee t'cesidcu On this 30 day of January 2 0 01 ,before we 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 GAZZ0U D COMM.01202236 IL NOTARY PtiBUC-YLLIFORNIA QANN COUNTY 0 My COMMCanElwkm AoFV 29,2004 d- N b STATE OF CALIFORNIA 1 SS. CERTIFICATE COUNTY OF MARIN J 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 company,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 18th day of July 2001 .p C �a•\El� aV1nN•i� ��'w//��� mgr sEVL3,v10 D : 2 !E O L *syn�O�` ntam� Resident Assistant %.vuivi t vr%,vi,4iK^%-vaiH �2 -/DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ellORGANIZATION NUMBER �1TCi/��,"/h' P—Z Cr• c/ ��-}/ 7 (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT ¢PG;�do zU/Z 1 I 1 1 1 1 1 I 1 1 1 1 I 1 I I _ I EXPLIATION: TOTAL $ v DEPOSIT i✓?di Deposit consists of the following items COIN and CURRENCY $ v CHECKS,MC),ETC. $ G� 'U ? el `7 P C e�•"') C,,,- 5'l//�vr� 7f'/ct l*9 C��=i PC�� �"a'C .CG.c� BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY tJG=O z4/C.. fiy !�� �,ti _5u CTS- VTS 00 DEPOSIT a OPERMIT DP L 4• �i' /moo NUMBE i AUC 710 DATE ry ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approveA.� Receipt of above amount is hereby deposit into the County as y. ` ��` acknowledged Signed: Signed: Title: EXT. j Z.3: Z Deputy County Auditor D County Treasurer.' -34REV.(7-9�'/C`, O t%[3Wf� 6% � d <p q 'o c Soo -OP eo DRAINAGE IMPROVEMENT AGREEMENT Subdivision: DA 0002(cross-reference Subdivision 7976 Effective Date: .(7U East Branch Alamo Creek Improvements Developer: Windemere BLC Land Co.,LLC Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M. Shiu,Public Works Director Windemere BLC Land Co.,LLC By: A . (Print Name and Title) RECOMMENDE F APPROVAL By: (Signature) ngl erl a cesDivision (PrintNarncandTitlerQa-1-\ 1 al`,15A�_n_ �F L_e n�'\(;,...(� t'VJ r'+CSS 0� (DR YAC. FORM APPROVED: Victor J. Westman,County Counsel (i NOTE: All sig tatutes to be acknowledged.If Developer is incorporated.signatures mtut conform with the designated representative groups pursuant to Corporations CodcS313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named Developer,mutually promise and agree as follows conceming this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant equipment)as required in_the improvement plans for this subdivision as reyiewed 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 provide as security to the County: A. For Performance and Guarantee: $24,000.00 cash,plus additional security,in the amount of$2,375,000.00 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 cashier's 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 Pa Tient: Security in the amount of$1,199,500.00,which is fifty percent(50%)of the estimated cost of the work_Such security is presented in the fom3 of: Cash,certified check,or cashier's check X 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 of the securities may be reduced in accordance with S94-4.406 and S94-4.408 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(1)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. 5. 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. 6. 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. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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 indemnity has prepared,supplied,or reviewed any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indernnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity. 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AND COSTS. If Developer fails to c6mplete the work within the time specified in this Agreeme:::;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. 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 proceeds to complete 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. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreenm;ent and/or any deposit,bond or letter of credit sccurmg said rights. TR:lap G:\GrpDataTngSvc\Teri\2001\JtUy\DA 0002 AG-17.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California % ss. County of i i' I llJ / On J L � ) , before me, i-�C.f I� C�k�Q�aCX.j� do lar ,/ lC, Date Name and Title of Officer(e.g.,'Jae Doe,Notary Publi ) personally appeared ��`�- �- Name(s)of Signer(s) ) ( :>per-sonally known to me ) i; O proved to me on the basis of satisfactory I evidence i- to be theerson whose name`1 P �. l�)_.is/e�4 subscribed to the within instrument and acknowledged to me that he/s,Wth_*executed CTRAC) R. P.AN7. y the same in his/li�h�_ authorized 0 mrnission# l:t4i;'94 I' Pio ory Public-Cal forr;ia capacity(10�. and that by his/ r/th_e > A:amedo rounty si nature on the instrument the erson or MyCcy-nm.E;$ sNov19, the entity upon behalf of which the person(, ) acted, executed the instrument. I� WITNESS my h d d official seal. GSC` Cz�o- . Place Notary Seal Above Signature of Notary Public I• I• 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. fl Description of Attached Document , - ( Title or Type of Document: I' I' Document Date: •--� ; �0C Number of Pages: Signer(s)Other Than Named Above: i� Capacity(ies) Claimed by Signer I' Signer's Name:_ i.; ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General w ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: i� l f Signer Is Representing: k) ,} wuA e__ BLL k ai,,d ,y� CLQ ) ©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 No.5907 State of California County of Orange On July 18, 2001 before me, Leigh Christiansen,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 ��—.y signature(s) on the instrument the person(s), or the entity upon f L11G{{({iR1STlANSEN behalf of which the person(s) acted, executed the instrument. COMM.#1156546 77- U . 4 NOTARY PUBLIC•CALIFORNIA n ORANGE COUNTY ` M Comm.Explros Sept.25,2001 Y WITNESS my hand and official seal. SIGNATURE OF NOTARY 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 0 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-0067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FIREMAN'S FUND INSURANCE COMPANY NATIONALSUREPY CORPORATION 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 bf Costa Mesa, CA their true and lawful Attorney(s)-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 Attorneys)-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 ffectThis power of attorney is signed and sealed under the authority of the following Resolution 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 affixed 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 WFIWESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 30 day of January 2001 «00off FIREMAN'S FUND INSURANCE COMPANY �+,° �, �.`r• �1 v� ti ,'o` NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY lert.avro 'S L A L'• E ' y f . F ASSOCIATED INDEMNTTYCORPORATION ^'�'�y �� 4,N ��`� 1�4�y+•��1�' ` ........ AMWRiC U!'OMOBII.E INSURANCE COMPANY STATE OF CALIFORNIA SS. COUNTY OF MARIN Vice4llresidmt On this 30 day of January 2 001 ,before me personally came Donn R. Kolbeck to the 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.GAZZAtI D 0 COMM.$1252236 d NOTARY PUNK CALIFORNW MAO fUN COUNTY Q Mr CormL En*-App%20,2004 N b STATE OF CALIFORNIA1 SS. CERTIFICATE COUNTY OF MARIN f I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each compauy,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 18th day of July 2001 sEv[aar0 � ` •�~�!cc+� �4'4ci`co��' �[ �. f ResidmiAs-Zi- t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) ss. County of op),CtA (X ciq,� a I I ,- On�i t: 4 �J,:�C%L, before me, Date Name and Title of Offiber(e.g.,'Jane Doe,Notary Public I. f 11 personally appeared �' r�_6 Y V`L� Cs.Yu Name(s)of Signer(s) I _personally known to me ❑ proved to me on the basis of satisfactory evidence I to be the person(whose name($} is/ale � subscribed to the within instrument and e Co mission# 124:`Q4 acknowledged to me that he/s�eLt �executed q_ ,..:'� Nota Public h Z Alamedn County the same in his/hRVth-1Bir. authorized MyCcxnm.E-#FsNov19,?ro3 capacity(ie*).,-. and that by his/h*Rhbk I< signature(Won the instrument the person(4 or l the entity upon behalf of which the person( acted, executed the instrument. WITNESS my h nd and official seal. I , I 6Le�t� - -_,�Ck,.-,*,_&a_tX- Place Notary Seal Above Signature of Notary Public I I 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. I Description of Attached Document I Title or Type of Document: I' Document Date: Number of Pages: I I� Signer(s)Other Than Named Above: I' Capacity(ies) Claimed by Signer Signer's Name: F1 Individual . 1. Top o1 thumb here ❑ Corporate Officer—Title(s): CJ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I �.�z�� ��z'�u ���--vim= �•._ - _ - � _ - _ - � - � _ _ - _ _ _ _ _ _ _ � .-. ©1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll•Free 1-800-8766827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) , ss. County of I� On,��t vl,u 13 ,r JlW l , before me, CcC C (sC�IKQ•l,� Q.ti t Pa Date Name and Title of Officer(e.g.,'Jane Doe,N66ry Public') personally appeared uAAe7lr� Name(s)of Signer(s) I :personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(owhose name(A.is/ard subscribed to the within instrument and Tr,ACI -;SIN � J_I acknowledged to me that he""/slWhi�executed the same in his/hfd/tMAL authorized Z.r}R'.; `': ' Nncry PUL-1;.c Cc: Fcrnia ; capacity(ie and that by his/h (tl*ir <, Xcimedn County signature(kon the instrument the person(A or f W Comm.E74�Nov 19,20M the entity upon behalf of which the person( ) acted, executed the instrument. I` WITNESS my andd official seal. tk 6c&,.I ,, & Place Notary Seal Above Signature Notary Public I I• 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. I , Description of Attached Document Title or Type of Document: i' I' Document Date: Number of Pages: Signer(s)Other Than Named Above: I� 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: I•. Signer Is Representing: I: I� ©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