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HomeMy WebLinkAboutRESOLUTIONS - 09112001 - 2001-409 r Of / - THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September H, 2001, by the following vote: AYES: Supervisors Gioia , Gerber , DeSaulnier , Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 2001/ 409 SUBJECT: Approve the Road Improvement Agreement for Bollinger Canyon Road, RA 1106 (cross-reference SUB 7976) bridge construction, across Alamo Creek on Bollinger Canyon Road, 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 bridge construction. 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: I. Cash Deposit Deposit Amount: $22,100.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: DP372379 dated August 1, 2001 Dh pp:lap G:`'•.GipData.LngSvc`•.Bi.>`•?001`d30 9-1 1-0 Ldoc Originator: Public Wo ks(F.S) Contact: Teii Ric(313-2363) cc: Pubic Works- R.Bruno,Construction Current Planning-Community Developmcnt I hereby certi fy that this is a true and correct copy of an action T--July 11,'_002(1)1) Windetncrc BLC Land Co.,LLC,Attm:Pete Peterson taken and entered on the minutes of the Board of Supervisors 3130 Crow Canyon Place,Sic 310,San Ramon,CA 94583on the date shown. The American Insurance Co.,Attn:Patricia 13rebaer Peters Canyon,Irvine,CA 92606 ATTESTED: September 11, 2001 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By , Deputy RESOL (TION Nn. 2001/ 409 for, SUBJECT: Approve the Road Improvement Agreement for Bollinger Canyon Road,RA 1106(cross- reference SUB 7976) bridge construction, across Alamo Creek on Bollinger Canyon Road, Dougherty Valley area. DATE: September 11, 2001 PAGE: 2 I.I. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 111 4171 5166, September 26, 2000 Performance Amount: $2,189,900.00 Labor&Materials Amount: 51,106,000.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2001/ 409 I.UUIV 1 T Ur I.UN I KA I,UJ IA , DEPOSIT PERMIT Y OFFICE OF COUNTY AUDITOR-CONTROLLER r Z TO THE TREASURER: MARTINEZ;CALIFORNIA RECEIVED FROM _ ORGANIZATION NUMBER Qu6L_1G (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. Ido 00 �f- 4 �7 � 7 ;Jy �D/� I ' ; �0i� (r}Cab6 00 I�L4AvD jv ;av A?ke I 9.z-'y 58 06 9 -1Z v, r1 ' V DOvI,51 6P0 Y 1 0`b3 8 76: 1f3 Nf)t.1 Tf, I I I I I I I L vac g y5 X70 g5 9975 SOX 5575 LSO iUo 4 I �� ' S "� - i Uv 1 i 46 ; 00 �19�00 �Soa a� iso goo EXPLANATION: 0 ASO _—'ti 0 4,0-2.6- TOTAL $ A-aa r ; 6 OG3l n4 y S DEPOSIT Deposit consists of the following items l r✓Vv _/c S , qV-7 If li-1 ([ L L- )oo j L-1`'o vCOIN and CURRENCY d U CHECKS,M.O.,ETC. sZ� v "f 1% i E%� I , ,� y l�U i IF L' (�3 BANK DEPOSITS $ �• F FOR AUDITOR-CONTROLLER USE ONLY 1�i` „�,� lr9 �l v l l�S L I L)4 i� �f 5 o y� 7 DEPOSIT PERMIT DP_ NUMBER DATE ?72379 IW- 1 ��1 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above an-to t is hereby deposit into the County Treasury. acknowedged Signed, NXfi LJ t'Y Jt' Date Signed: Signe Title: 1 �1 �. EXT. Deput Cou y Audit Deputy County Treasurer D-34 REV.(7-93) ."V-"t , I. III,I., A tl Lt, D�Bn�A� i4 120Lj CtNO,J, �zg, q COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER a TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (fid ) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. $ No �I DDL�/S `�l�� 3� �o goo EXPLANATION: TOTAL $ i DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE �= ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amouyh'is hereby sit into the County Treasury. acknowYged. / Signed U Date�L Signed: {.1 ��— - Sign '�` — Title:�P�"�((!.c7 OL EXT.,5— Deputy C lunty Auditor( Deputy County Treasurer )-34 REV.(7-93) v 1 T(I 0649-9665 / 831000: 61060250, RA 1115, Shapell Industries of No. CA, P O Box 361169, Milpitas, CA 95035 Improvement Plan Review $6,500.00 Inspection $32,460.00 0649-9665 / 831000: G1060252, MS 106-90, Rosemarie A. & Joseph M. Keebler, 1150 Pinewood Dr, Napa, CA 94558 Map Check Fee $1,600.00 COA Check Fee $1,000.00 0649-9665 / 831000: 61060256, $500.00, Record of Survey R52588, First Am Title Guaranty Co, 8 Camino Encinas Suite 120, Orinda, CA 94563 0649-9665 / 831000: G1060255, $500.00, Record of Survey R52589, James Gray & Marie Felde, 653 Jennie Ct, Lafayette, CA 94549 819800-0800: 61060251, $22,100.00, RA 1106, Windemere BLC Land Co LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0648-9140 / 812100: G1060031, $3,640.00, MS 353-01, City of Brentwood, 708 Third St, Brentwood, CA 94513 Executed in Triplicate Bond: 111 4171 5166 Premium: $7,665.00 IMPROVEMENT SECURITY BOND FOR ROAD IYIPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage and other improvements on, or along Bollinger Canyon Road to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: Windemere BLC Land Company, LLC ,as Principal,and The American Insurance Company , a corporation organized existing under the laws of the State of Nebraska , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance: Two Million One Hundred Eighty Nine Thousand Nine Hundred-- Dollars ($ 2,189,900.00 ) for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: One Million One Hundred Six Thousand-- Dollars ($ $1, 106,000.00 ) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bonded Principal, 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.' art 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, incu.:ed 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 a%varded 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 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 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. I 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 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. 4. SIGiVED AND SEALED: j The undersigned executed this document on September 26, 2000 WINDEMERE BLC LAND COMPANY, LLC PRINCIPAL• a California limited liability SURETY: THE AMERICAN INSURANCE COMPANY company Address: 3150 Crow Canyon Place 4310 Address: 5 Peters Canyon City: San Ramon, CA 94583 City: Irvine, CA 92606 B ;: Lennar Homes of California Inc. By: its managing partner By: Print Name: Patricia Brebner �— Title: / Title: Attorney-in-Fact t � David , Vice 15resident -� JPWSI'SHAP..D.4T.4'.GrpDaw'•.En;Svc`Forms BN WORDBN-9.doc Rev.June 17. 1999 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On September 26. 2000 before me, S. McDonald, Notary Public, personally appeared David Evans, 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 h d and official seal. S. Mc DONALD commisslon#1260993 Notary Public-caotamia Orange C=* MMCanvasEs firesApr1d,2x04 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: Improvement Security Bond No. 111 4171 5166 Number of Pages: Two 2 Date of Document: September 26, 2000 Signers (other than those named above): Patricia Brebner CALIFORNIA ALL-PUFkPOSE A04OWLEDGMENT • No.5907 State of California County of Orange On September 26 2000 before me, Patricia M. White,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. M. .%M!Tc I'rr,,i ion if I!27052 Nr County my hand pnd official seal. My r,.mr-'i.(.:;:-'!rC°MGI 3.2001 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) The American Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 OREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY E MERICAN 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 M. White or Patricia Brebner of 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 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 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 WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 22nd day of March 2000 Y ,alfa rr ELAN S F �CM�ii�f� ,+""y�,tr 44.4 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION a - c _ :, r = THE AMERICAN INSURANCE COMPANY son � aY'° y ;, 3`._sa.wt:s= ASSOCIATED INDEMNITY CORPORATION cod` `*+rcE'ca��� o s+� AMERIC AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA SS. BY COUNTY OF MARIN } vice-President On this ??nd day of P•Marrh , 9nnn ,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. L OCAMPO Commission# 1163726 Z .-: Notary Public-California y_ Z Marin County STATE OF CALIFORNIA Comrrt' v N Public COUNTY OF MARIN I . I, the undersigned, Resident Assistant Secretary of each company, DO AEREBY 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. ,26th day of September 2000 C `�aaaarrrc 't�,ANS fG tj,�•ir�yf,4�4 lco+�k�� — 4 . OVA LS Q O • • • e rII; • ;BE `Q SEPT.11M � � ..�' �� Z �� a � s�• ' � �•_" �NtE �� 9+M[•C�! int� •` Resident Assistant Secretary r tp-.j nuc IKOA0TMPROVEMENTAGREEMENT Developer: Windemere BLC Effective Date: ` Q Development: RA 1106(cross-reference Subdivision 7976) Completion Period: 1 year Road: RA 1106 THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M. Shiu,Public Works Director Windcmere BLCLand Comp y, LLC 1 si uNre (prim n=&tide)Greg mGL0`�j%aSVh-S - lJ►ce- pr&_sident- REC MMENDED ORAPPROVAL I , �-�' Jn�i` 40%neS O�- Cwt ZnL. By VA Afeltnnture) Engineers 011 vices-ri v,14011, torintnvme&tine}r> J6-. 1^�' SCt`n -Y.�'1 �' �i ✓iGi.rL(,(evQ (41(�f FORM APPROVED: Victor J.Westman,County Counsel i"�V)vic'-i- VAC-rt N S O-� C.A ,T rC- (NOTE: All sidttatures to be at:ku)owlcdged. If Subdivider is incorpo;aced,signatures nwst conlerm with the designated representative groups Dursuattt to Corporations Code 8313.) 1. PARTIES dt DATE,Effective on the above date,the County of Contra Costa,Cali forma,hereinafter called"County,"and die above-mentioned Developer, munially promise and agree as follows concerning this development: 2. IMPROVEVENTS, Dcvcloper agrees to install certain road improvements(both public and private),druinage improvements,signs,street lights, fire hydrants,landscaping,and such other improvemenis(including appartenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in con£ormancewith the Contra Co2ra County Ordinance Code(including future aunendments thereto). Developer shall complete said work and improvements (licreinafter called"work")within the above completion period from date hereof in a good workmanlike manner,its 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, TMPRO V EMENf SECU1MY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. Far Performancc and Goamntcc: S 22.100,00 cash,plus additional security,in the amount of b 2.189.900.00 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 surcry 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 it,; completion and acceptance against any defective workmanship or materials or any unsatisfactory perforrnance. B. For Payment, Security in the amount of 5 1-106.000.00 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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and 5944.408 of the Ordinance Code. 4. CIIARANT6E AND WARRANTY OF WORK. Developer guarantccs that said work shall he tree from defects in material or workmunship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work us complete in accordance with Article 964.6,"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 under this agreement. Said plant establishment work shall conrict 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 unsure establishment of plants. Said plant establishmentwork shall be perforrned for a period of one-year frorn and afl:nr the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Developer warrants the iniprove,nent plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditic ms of Approval roe 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 arc necessary to accoulplish the work as promised. 7. NO AiVER BY CQIJNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by arty officer,agent or employee of the County indicating clic work or any part thereof complies with the requirements of this Agreement,or acceptance of tlhe whole or any part of said work and/or materials,or puytnents,therefor,or any combination or all of these ass,shall not relicvc tho Developer orhis obligation to fulft)l this:ipr�mcnt as prescribed;nor shall the County be thereby be stopped from brdagting any action for damages arising from lire failure to comply with uny of the terms and conditions hereof: s. JNT2l1 4MTTY: Developer 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 employers: B. The liabilities prormted ngainat aro any liability or clam for damage of any kind ageecdly sut3ered,incurred or threatened because of actions defilrcd below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,clainh 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 procccding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or tion-negligent)in connection with tho matters coveredby this Agrcerneat and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. lion-Conditions; The promise and ageecmcnt in this section are not conditioned or dependent on whether or not any Inde=itcc has prepared, supplied,or approved any plan(s)of Specifhcation(s)in connection with this wont.or has insurance or other indemnification covering any of these matters,or that the allepcd damage resulted partly form any negligent or willful lnisconduct of any)ndcmnity. E. 1. Windolnere BLC Land Company LLC("BLC--)shalt indemnify,defend and protect Contra Cocea County("County")and the Contra Costa County Flood Control and Water conservation District(collectively,''District")against,and/told County and District harmless from,any and all claims.costs,losses, liabilities,damages or other expenses (including attorney;foes and expenses),to the fuller[extent notprohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,by and between BLC and Shape])Industries,Inc. ("Shapell")including,without limitation,any claim. cost.loss.liability;datnagc or other expense arising out of any action or other proceeding brought by Shapcll against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the afor enicntloncd Supplement to Cooperation Agreement, 2. l3LC's obligations under Section 1 above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person;provided.however,that BLC shall not be required to indemnify,protect,defend or hold County or District harmless to the extent uny claims, loaaca, liabilities, damages or other expensm Are attributable to the negligence or willful misconduct of County or District in maintaining or repairing itttprovements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 9. COSTS: Developer shall pay when due,all the costs of the work,including Inspections thereof and rclooating existing utilities required thereby. 10. Mrq-PERFORMANCE AND COSTS;If Dovcloper fails to complete tate work within the Imre specified in this Agreement,and subsequent extensions,or fails to maintain the work,rho County mmy proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay 311 costs and charges incurred by the County(including,but not lirni.ted 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 procecda to complete and/ot maintain the work. Once action is taken by Courcy to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. a Should County sue to compo performance under this Agreement or to recover costs incurred in conlpledng ormaintaining the work,Developer agrees to poy 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 iv an existing oity,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights maybe 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 chis agreement as though Developer had contracted with the city originally, TMay G:\GrpDou\EttSSvc\Ten1200]Vtme\RA 1106-AG-24.tloe kov.6-29111 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -.,�,c•re:c,cC.ec��:�C��„eF.ce<crc�.c_.r<cC�'-cc<cr.�rsc•<�cC.cc<c-Y>:cC<erre<�<c�><c<'<cC�<cr���' �'��'- -.-=y. lt : State of California t ss. County of l _t✓l'LLI: � Q ; I rr,, .•I O _ �, i L" before me, i�Cr R • Ecij,vs"ai•c O; � ;61'7 , t Dae Name and Title o OKcer(e.g.,'Jae Doe,Notary Pub c") t personally appeared Name(s)of Signer(s) ) I� g.personally known to me ) ❑ proved to me on the basis of satisfactory i evidence •) to be the person(whose name(}-.is/aro,subscribed to the within instrument and t Ti'A`-' `;. acknowledged to me that he/s);ieLthq executed tz�. _T�N. Comirnission# Olthe same in his/h'``-� -• o/#hoif authorized z I-�c.Y•::. Notary Pub;;c Z `R >'" Acmfda Cour ry 5; capacity(ioal, and that by hisffbqhthWir t MyCmnm.F;#r�Noy 19,2vr)W signatureckon the instrument the person(t or ) the entity upon behalf of which the person I acted, executed the instrument. ;) WITNESS my/hnd official seal. i � � t r Place Notary Seal Above Signalur,o otary Public ') I I OPTIONAL ) Though the information below is not required by law,it may prove valuable to persons relying on the document I and could prevent fraudulent removal and reattachment of this form to another document. I� •I Description of Attached Document ) i. Title or Type of Document: I- I Document Date: Number of Pages: I' •I Signer(s) Other Than Named Above: It i Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): I! ❑ Partner—❑ Limited ❑ General It ❑ Attorney in Fact ❑ Trustee 1 ❑ Guardian or Conservator I ❑ Other: Signer Is Representing: ) I l t 1 ©1997 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I -I State of California ---��--II ss. County of ( ,Cn I' 1 I; On__�k Is , �o0l , before me, ' Date Name and Title of Officer(e.g.,'Jane Doe.Notary Public') +' personally appeared — Q•h�i 1 Name(s)of Signer(s) ) rsonally known to me +; ❑ proved to me on the basis of satisfactory + evidence 1 I -1 to be the person(whose name(}—is/ame I subscribed to the within instrument and TRACT W. gib,+:: lel acknowledged to me that he/sexecuted Commission# 1 i4T 94 i' :;.. the same in his/hh ktb;AL_ authorized ) < - „-+-.S Notary Pubic Cc� to;r;ia Z Alameda County - capacity(!*.p, ,_. and that by his/&--4thVr MyCr,-rm.F+ rrrsf vl9,'X',^..i signature( on the instrument the person( or I the entity upon behalf of which the person(. 1 acted, executed the instrument. ;) WITNESS my hand and official seal. 1 Place Notary Seal Above Signature of Notary Public OPTIONAL �. Though the information below is not required by law, it may prove valuable to persons relying on the document ) • and could prevent fraudulent removal and reattachment of this form to another document. I; Description of Attached Document ) 11 Title or Type of Document: i i 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 'I + ❑ Attorney in Fact 1 I' ❑ Trustee ❑ Guardian or Conservator ❑ Other: ) Signer Is Representing: + .i I, l ©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