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HomeMy WebLinkAboutRESOLUTIONS - 09112001 - 2001-410 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: I. 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 DE pp:lap G:`ChpDma`EngSvc`•.130`%2001\J30 9-11-0Ldoc OnL,inalor: Public Works(GS) Contact: Teri Rie(313-2363) cc: Pubic Works- R.Bruno,Construction Cunent 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 CI'ow Canon Place,S(c 310,San Ramon,CA 94183 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 By �� , Deputy RFSOLl JTION 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 Il. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 111 3358 2913, June 25, 2001 Performance Amount: $1,094,000.00 Labor&Materials Amount: $552,550.00 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 RES01. UTIONNO. 2001/410 COUNTY OF CONTRA COSTA V i DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA v RECEIVED FROM 1 �; Q,0 r,A eti.. n� -Ccs. t.. c. 1.�t�+^ � ORGANIZATION NUMBER 7�� (Organimfion) r.4 . qq.-z C 1-4 ',5 3 (For Cash Collection Procedures see County Administrator's Bulletin,105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. $ Vc. I REV (PFVL) q(n CQ)_4 c)01,o SAC' L A, o7 i I I I I I EXPLANATION: TOTAL $ i DEPOSIT a . c� 33LL Deposit consists of the following items./ ✓ COIN and CURRENCY $ 02.3 • 7 CHECKS,M.O.,ETC. $Z 3 O 3)0• 7 0 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER qq ��6 DATE 37-11112 ;II(.t I_ 55 �01 �' << ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is/approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. kV Signe ")a. r.� • l .fes_ Date M Signed: _ Signed: Title: A C r C f r? XTDeputy County Auditor Dep ty Cou t reasurer D-34 REV.(7-93) ( . Ij Trust Fund 819800-0800 Total $31,000.00 G#1060210 $11,000.00 RAI 111 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 Pl., #310, San Ramon, CA 94583 4L !� 'DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM C_l�✓�/�ic ORGANIZATION NUMBER _ (Organimtion) !. cr �/��. - '7" (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT ACCT. $ I I I 1 I I I I 1 I I I I I I I I I I I I I 1 EXPL ATION: _ TOTAL $ -e0 C!� p DEPOSIT 1,44 Deposit consists of the following items COIN and CURRENCY $ d n CHECKS,M.O.,ETC. $ �► a� /3 �?,/- S</�?G��y :i'/�2 /. F'�✓< rG` ..=G'O BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP 7 G... 7�f �, ; D CJ) % !lG cT.�11J, �4• %�o NUMBER7•? (: AUGs ¢ �' pe 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 deposit into the County.. as Y. ` acknowledged. Signed: r � Signed: +i Title: �l �' vF EXT. Deputy County Auditor 5! y County Treasurer.. D-34 REV(7-93) L r, r Y 5,;1, Pre a ac, tl e",, ce eg 0 4? 'oe, 0 ecp dl-v 10 Bond No.: 111 3358 2913 Development: Windemere Premium: $3,829.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) I. RECITAL OF ROAD IMPROVEMENT AGREER4ENT: 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 tune 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: 'Company A. Performance: One Million Ninety Four thousand and no/100 Dollars ($1,094,000.00 ) for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: Five Hundred Fifty Two Thousand Five Hundred Fifty and no/100 Dollars ($ $552,550.00 ) 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, shall-in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intuit and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee, its officers, agents and employees, as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable casts, expenses and fees,including reasonable attorney's fees, incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code, for materials furnished,labor of any ldnd, 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 1$ (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 Californ a limited liability company Byy• LEN R HOMES OF CALIFORNIA, INC. PRINCIPAL: a r SUR]El y: THE AMERICAN INSURANCE COMPANY Address: Address: 5 Peters Canyon qty.. 3130 Crow Canyon, #300 City. rvine, CA 92606 By: San rzamon, CA 94583 By. Print Name: Michael P. White Print Name: Patricia Brebner Title: Vice President Title: Attomey-in-Fact :mom ATA aa\Ens$.c%FOrau18N WORDaN-9.dw 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 fy' Commiss Notary - !26';983 otary Puc,ic»°Coiiiomia > Orange Coun*Y �. fvty CCr1m.:i:cs i% .6,2XA 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 H.BRYAN _ Commission#1306735 WITNESS my hand and official seal. Notary Public-California z Orange County My Comm.Expires Jun 1,2005 SIGNATURE OF N0 ftY 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 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 redomesticate d 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 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 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 30 day of January 2001 ;��,.I..,`e ``��„N,,f°ti v�:�w, ti •o ��� FIREMAN'S FUND INSURANCE COMPANY �e •: _ o k ,_. E NATIONAL SURETY CORPORATION - +.B E A L E THE AMERICAN INSURANCE COMPANY 's I —•— • ` ASSOCIATED INDEMNTI'Y CORPORATION �,`�.,�'�� ::,:..:::: ��`' f`4��«•���' � F AMEBIC UTOMOBII.E INSURANC-73 COMPANY STATE OF CALIFORNIASS. By COUNTY OF MARIN } Via-Presidmt 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 scats 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.112E2235 d i wOTat AIFORNN NO < My Corton Enloe Apd 29.2004 4.1N b STATE OF CALIFORNIA SS, CERTIFICATE 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 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 1.6%e 25th day of June 12001 `�J ,��yyyp • • • rte. 7 lEJR.SOJO a .• •• i = �f A/AR i7:!E A L.-r, I IV X , G'+hC! +`e J`*�4Ct•���'' ntO Kms` RaideatAssistanlS ROAD IMPROVEMENT AGREEMENT (� Developer: Windentere BLC Land Company,LLC Effective Date: ( � 1 Development: RA 1 I I 1 ( X KX.Ii- SUB � 1 7p ) Completion Period: 1 year Road: PA- I Ii ) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M. Shia,Public Works Director Windemere BLC Land Compan ,LLC 13y: {. �. 1�i. z.��--, (Signature) i /-,7,7 (print nanx&title) G W t�1 1C1..tMS RECOMMEND D FOR APPROV.Af due resiclent- 4enr�ar ►kt,mes o� CA 2r1�• Engineeri7t,"Inian, -ices Ivislon (print nanx&title) j�pn („a,r-,Scrn, CFS FORM APPROVED: Victor<J- County Counsel JNawteS c li- CW Zr'\L.- (NOTE: All signatures lobe acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Com,"and the above-mentioned Developer, mutually promise and agr ee as follows concerning this development: 2. IMPROVEMENTS. 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 for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(includuhg future amendments thereto). Developer shall complete said work and inhpiovements (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 govem. 3. IMPROVEMENTSECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide ag security to the County: A. For Performance and Guarantee: a I I JOOeL-V:�ash,plus additional security,in the amount of$11()I�} which together total one hundred percent(I004•0)of the estimated cost of the work. Such additional security is presented in the fomh of: Cash,Certified check or cashiers check. X Acceptable corporate surety bond. _ Acceptable irrevocable letter of credit. With this security, the Developer guarantees perfomhance 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. Por Pavrnent 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 fomh of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, the Developer guarantees payment to the contractor,to his subcontractors, and to persons renting equipment or furnishing laborer materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of die Developer,the amount securities may be reduced in accordance with S94-4.406 and S94-4.403 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 perfornn satisfactorily for a period of one_;ear from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance," of fie 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. S. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing.unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. G. 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 tine 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 WANER 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 hercof. S. INDEMNITY: 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 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 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-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,tire County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs acrd charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,every if Developer subsequently proceeds to complete the work. ]I. 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 terrrrs of this agreement as though Developer had contracted with the city originally. i 2. CONSIDERATION. In consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval Dl:lap G:\GrpData\FngSvc\Dean`-)00IUuly\RA 1111 AG-24.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I' I State of California I t , --��-- ss. •� County oftiL�'t_!?L� •'S ,.(�'y i On t c b-1 13, ? before me,�t—Gt_c'L Daie /Nam and Title of Officer(e.g.,'Jae Doe,Notary Pubic') ;) personally appeared I _ 1 C- l.c ► �t Names)of Signer(s) ) _personally known to me ❑ proved to me on the basis of satisfactory i evidence I to be the person( j_whose name( is/are TRACI a 4 subscribed to the within instrument and i 7-�7z­% ; - acknowledged to me that he/§e/0*executed z No.'�ory Pubic-Ca;i ornio z the same in his/h,90w r authorized z #� Alameda county capacity(ieha and that by his/I�t/thy i MyCcmm.Epims 19,M u signatureN_on the instrument the person(.r or the entity upon behalf of which the person(9 acted, executed the instrument. =TEy hand and official seal. ) Place Notary Seal Above Signature of Notary Public I •1 l 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: Document Date: Number of Pages: I: ,I Signer(s) Other Than Named Above: ) Capacity(ies) Claimed by Signer Signer's Name: _ ) ❑ Individual I. Top of thumb here Ej Corporate Officer—Title(s): ;) ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ) ❑ Guardian or Conservator ❑ Other: •i I Signer Is Representing: 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 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 45ct�ti_�l cC . ?, State of California County of f"ti'ly�[(� criSJOL-1 ss. i •1 On �.tt , before me 4C k I Dat Name and Title of Officer(e.g.,'Jane Doe,Notary P blit') personally appeared Lotti- Name(s)of Signer(s) ) personally known to me ❑ proved to me on the basis of satisfactory evidence ) to be the person( whose name(�)_.is/atm ' subscribed to the within instrument and 1RACI R. R?:N.�nQ acknowledged to me that he/sLthe4cexecuted tir Ccmmissio 1# 17.4-39d z "'` NIatory Public-Cm;fomia ; the same in his/h th authorized i. �'•�;sy l Alomedo r:ounty capacity(ie@�, and that by his/ftwithbif MyCcxnm.E7.p ESNOV 19,M signature(�on the instrument the person(,,or � the entity upon behalf of which the person(( I acted, executed.the instrument. I� WITNESS my hand official seal. C ) LA,�A_k aAj", ' Place Notary Seal Above Signature o 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. I• Description of Attached Document I Title or Type of Document: Document Date: Number of Pages: I f Signer(s)Other Than Named Above: ) Capacity(les) Claimed by Signer Signer's Name: ) ❑ Individual I Top of Ihumb here .,I ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Cl Other: I �l Signer Is Representing: ) ,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