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HomeMy WebLinkAboutMINUTES - 11281995 - C14 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA- Adopted this Order on November 28, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None . ABSENT: None ABSTAIN: None RESOLUTION NO.: 95/572 SUBJECT: Approval of a Right of Way Landscaping Agreement for Development Plan 3022-94, Oakley Area. The following documents were presented for Board approval this date: A Right of Way Landscaping Agreement with Golden Oak Manor, L.P., developer, whereby said subdivider agrees to complete all improvements as required in said Right of Way Landscaping Agreement within one year from the date of said agreement; Said documents were accompanied by: I. Security to guarantee the completion of landscaping improvements as required by Title 9 of the County Ordinance Code, as follows: A. Cash deposit (Auditor's Deposit Permit No. 266960, dated- September 19, 1995) in the amount of $1,000 made by EAH, Martin Mackey Development. B. Additional security in the form of a corporate surety bond dated September 12, 1995, and issued by Amwest Surety Insurance Company (Bond No. 1294707) with Golden Oak Manor, L.P. as principal, in the amount of $10,500 for faithful performance and $5,750 for labor and materials. All deposit permits are on file with the Public Works Department. NOW THEREFORE BE IT FURTHER RESOLVED that said Right of Way Landscaping Agreement is APPROVED. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 28, 1995 PHIL BATCHELOR,Clerk of the Board of Supervisors.and County Administrator Deputy RL:sd g:\engsvc\bo\bo28.t11 Originator: Public Works (ES) Contact: Rich Lierly 313-2348 cc: Director of Community Development Public Works-Construction Golden Oaks Manor, L.P. c/o EAH 2169 E. Francisco Blvd., Ste. B San Rafael, CA 94901 EAH Martin Mackey Development 2169 E. Francisco Blvd., Ste. B San Rafael, CA 94901 Amwest Surety Insurance Company. 100 California Street,#1160 San Francisco, CA 94111 Bond No. 1294707 RESOLUTION NO.95/572 e-17 Subdivision: 'DP 3022-94 Bond No.: IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL OF SUBDIVISION AGREEMENT The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in SubdivisionDP 3022-q4 ,as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION , as Principal,and , a corporation organized existing under the laws of the State of , 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 and Guarantee Ten Thousand Five Hundred and NO/100 Dollars ($ 16,500,00 ) for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment Five Thousand Seven Hundred Fifty and No/100 Dollars ($ 5,750.00 )to secure the claims to which reference is made in Title XV(commencing with Section 3082) of Part 4 of Division II' of the Civil Code of the State of California. 3. CONDITION This obligation is subject to the condition set forth on the reverse side hereof. SIGNED AND SEALED on Principal: Golden Oak Manor, L.P. Surety: Added a: c/o EAH Address: 2169 E. Francisco Blvd. Ste. B San aeCA 114W �— By: By: Print Name:Al in Bonn tt Print Name: Title: Assistant Secretary Title: :Pe g:\EngSvc\Work\BN.l2A January 27, 1995 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, materialmen 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 hereinabove 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 eni+?ed 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 with 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. Subdivision: ZP 3022-94 Bond No.: 1294707 _ Premium: $300.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance,Guarantee,and Payment) (California Government Code Sections 66462 and 66463) L RE-mrA.L OF SUBDMSION AGREEAENT The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in SubdivisiodQP 3022-q4 ,as specified in the Subdivision Agreement (Right .of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with.State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. Z OBLIGATION Golden Oak Manor, L.P. as Principal,and Amwes surety n a corporation organized existing under the laws of the State of California , 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: & Performance and Guarantee Ten Thousand Five Hundred and No/100 Dollars(S 16.500.00 )for itself or any city assignee under the.above County Subdivision Agreement,plus $, Pa, moment Five Thousand Seven Hundred Fifty and N0/100 Dollars(S . 5,' 50.00 )to secure the claims to which reference is made in Title XV(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of Califomia. CoNnmoN This obligation is subject to the condition set forth on the reverse side hereof SIGNED AND SEALED on 9-12-95 Principal: Golden Oak Manor, L.P. Surety: Amwest Surety Insurane Company AddrdSS: c/o EAH Address: 100 Ca orn' e # 160 2169 E. rrancisco Blvd. Ste. B San is r 11 By. an ae By. Print Name:Al in Bo tt Print Name: Michael K. eeney Title: Assistant Secretary Title: Attorney-In-Fact, :pe C AE ngS v c\W o rk\SN.12 A January 27.1995 State of County of On AU �- DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared (—V "I 6 o ^! w -T T NAME(s)SIGNERS) in the capacity as GelnPICC11 P&rbirlPx- INDMDUAL,GENERAL PARTNER,CORPORATE OFFICER-E.G..WE PRESIDENT personally known to me -OR-❑proved to me on the basis of satisfactory evidence to be the person(s)whose name is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(es),and that by his/herAheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. He/She/They also acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal, ALI NABIPOUR a - . COMM.#1009330 Z Z -�' Notary Public—California � /1111 MARIN COUNTY My Comm.Expires NOV 11,1997 J� �ti7Pgvf'fdotary SIGNATURE REQUIREMENTS Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed in the space provided. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. Ill. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board. GROUP 2. (a)The Secretary (b)The President (b)An Assistant Secretary (c)Any Vice-President (c)The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors" g:\engsvc\work\notary2.new CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of- - Sonoma On 9-12-95 before me Richard L. Kalar DATE NAME,TITLE OF OFFICER-E.G.,"JANE.DOE,NOTARY PUBLIC" personally appeared Michael K. Feeney NAME(S)OF SIGNER(S) �x7 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/he.r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RiCI-�,41�� L. KAL�OR WITN y hand and official seal. • � ' COMM. f#976067 0 ,"" NOTARY PUBLIC-CALIFORNIA SONOMA COUNTY My CWhen.bpires Nov.23,1990 SIGNATURE OF N ARY 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 - NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 C3C3 ®� ®®�®c13�r13�oa13o13131313 it a3C110�C�1MO� I�M7�_ 13.— MC1® MoM®®®°o0013®013®®®00®®®®®®®0M a a �I ® �13 ®®00°°0°0°° o . r] 111311111113131111 "1 -1113131313111313111313931313000000000000 ®®®®®®®®®®®®®®®®®®® d o o ®®®®®®®®®®©®®®®®® a Q; G7 3'oc r9lUtr+ C 0 '00 tW'JtW'0C J 'Gl 't?' c •3 W'GJC� QC�'G Q'c GrWC3d;�'C7'(�t.a +_.•°,; •' NOT VALID FOR BONDS POWER rrunrrir:R EXECUTED CN OR AFTER 0438806 ' 2- Oti-96 €3 Q This document is printed on multicolored security paper with black and red ink,with border in blue ink and bears the raised 0 seal of Amwest Surety Insurance Company(the"Company").Only unaltered originals of this Power of Attorney are valid.This Power of Attorney is valid solely In connection with the execution and delivery of the bond noted below and may not be used ra 0 in conjunction with any other power of attorney.No representations or warranties regarding this Power of Attorney may be made j by any person.This Power of Attorney is governed by the laws of the State of California.Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. 13013 __ 0 00 ®13®130 KNOW ALL MEN BY THESE PRESENTS, that AmxveSt Surety Insurance Company, a Californi;i ®13®8 131313® 0 corporation (the"Company"), does hereby make, constitute and appoint: EBB ®1313 Z, MICHAEL K . FEENEY 1300 ®001 13®131301113 0 THOMAS F. FEENEY 00013 0130130 G J. DAVID WEST ,; 0[300 130130® 013013 013131313 64 AS EMPLOYEES OF TOM FEENEY INSURANCE AGENCY 130138 0000®. 131313 13 1313 0371313 0131313 1300013 ;;, 0131313 000130 0013103 0001313 1313131313Q 01313®® 35 13000 3703700 t its true and lawful Attorney-in-Fact, with limited power and authority for and on behalf of the Company as surety 013000 39370370 `' to execute, deliver and affix the seal of the Company thereto if a seat is required on bonds, undertaking,,,, 000®0 C3®0037 �' P� Y 9000130 1300130 o recognizances or other written obligations in the nature thereof as follows: 00000 1313®3739 < 13013013 3903939® Bid Bonds up to $'= = 1, 000,000 . 00 001300 unman Contract (Performance & Payment ) , Court, Subdivision $ �=1,000, 000. 0013®33®p unman `; 00000 3123130303 00000 37©®030 1313131313 1313®®® y 003013 anumm0013130 ®0®®n 131313®0 3900330 00371313 Duman 0303®33® ©000303t 03®®013 unman 1303130 Damon ®3913®® D33®®®amon 03 000003 0303030303 coo Do 093 ' 39311300 0000® and to bind the Company thereby. This appointment is made under and by authority of the By-Laws of the 0331®®® F01103000 ®3131®0 0000© u Company, which are now in full force and effect. 3 13131®0 ©01=0 E 03®®1303 ©o0ao 3103®0® 00000 3 CER'T'IFICATE 131393013 000no© 0 ®03300 000000 c, I, the undersigned secretary of Ainwest Surety Insurance Company, a California corporation, 0®310® 00000 : ®0n®® ©❑0000 DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked 313300312 Ful 00000 and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant 00®®® a0000 01313®®® o00(]0 provisions of the By-Laws of the Company, are now in full force and effect. 00000 00000 t ©a®®® alooEll 5 <y 030©0® FEE 000a � 0000© enaoo 0 unman Opop®0 Bond number 1294707 Signed and sealed this 12th day of September 19 95 ©o®0n O 0000 p 00000 ®®o p 00000 8Oos>000Qoo°Oa® 000043$805 - 59 0°O017i] ®�o00opc+®®oop0 0® ❑00na0 ®fig ®. 6D o4 P 68-0068893 SANTAamua® ' Cohcn,Secretary aODo a M 00© tJ's'GJ( C7( '(•(J (^ (J�(m (^' C Jt 'G' (�43L^ '?'�+ ?',u' '(" 1,ts� e ❑000[]© D COO ©©OOOODOOOOOD®39®3913133737®371337® 000Fol O O®®A000an�;d 0000 o°o® 0000®©®®®®®®®®®®®®®000001 ® ....�® ...:�...a aaoo© 00 ® ® 4opo 0 0® 00© ® ®®®® ®®3�®®® Q38 ®013000O®1313131313000 138 oa000 465b [Ell a E01 a Do 14®®®00 ® 0100=1 91000030®®®®®531313®®®®l3DUI 13131313 1313 ooaa0 SUBDIVISION AGREEMENT (Right of Way Landscaping) / (Government Code S66462 and S66463) DP3022-94 Aiove 11ber ZEi Subdivision: Effective Date: 995 Subdivider: Golden Oak Manor, L.P. Completion Period: August 1996 THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) J. Michael Walford Golden Oak Manor, L.P. Public Works Director By: Its General. Partner, Golden Oak Manor, Inc. RECOMMEND ROYAL: By: Its Secretaryw.'....Lamar Turner By: V' ��31,"nAoj� En i 15e%,s/Di v i s i o n FORM APPROV : Victor J. Westman, ounty Counsel (NOTE: All signatures to be acknowledged. If Subdivider is in- corporated, signatures must conform with the designated repre- sentative groups pursuant to Corporations Code S313.) 1. PARTIES& DATE: Effective on the above date,the County of Contra Costa, California, hereinafter called"Coun ", and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called'Work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code SS66410 and following),in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance 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 Subdivider shall,pursuant to Government Code S66499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $ 1,000-00 cash, plus additional security, in the amount of$10,500.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of. Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$5,750,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash, certified check, or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. J 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material br 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. Subdivider 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. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed, rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period, said improvement plans prove to be inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these,acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below,and including personal injury,death,property damage, inverse condemnation,or any combination of these, and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any 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 Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS, Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces, including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees, and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit, bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. g:\EngSvc\AG\AG:30A(10/94) State of O\Pg✓`h i a County ofr.I`h q L / On q'R before me A Jrw Ro6e-�l/� r r1�. / q 72". o "- Pb���C IDATt NAME,TITLE OF OFFICER-E.G..-JANE DO ,NOTARY PUBLIC' personally appeared of 111 car r-TV 1^x'1 e r NAMES)SIGNER(S) 1 in the capacity as 6e-n er-a ( INDMDUAL,GENERAL PARTNER,CORPORATE OFFICER-E.G.,VICE PRESID NT 19"personally known to me -OR-❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name 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. He/She/They also acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal, ANDREW ROBERT HARRIS Commission#1067621 r Z g Notary Public—California MARIN C0t1N1V My Comm.ExplresAug 2,1999 Signature o Notary SIGNATURE REQUIREMENTS Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed in the space provided. The name must be signed exactly as it is typed or printed_ II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signers interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary (b)The President (b)An Assistant Secretary (c)Any Vice-President (c)The Chief Financial Officer (d)The Assistant Treasurer if signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." g:\engsvc\wo rk\n ota ry2.new