HomeMy WebLinkAboutMINUTES - 01152002 - C.18 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 15, 2002,by the following vote:
AYES: Supervisors Ililkema, Gerber, DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2002/ 16
SUBJECT: Approval of Road Improvement Agreement for Bollinger Canyon Road,RA 1102,
(cross-reference Subdivision 7976), being developed by Windemere BLC Land
Company, LLC, Dougherty Valley area(District III).
The following document was presented for Board approval for Bollinger Canyon Road,road
acceptance file RA 1102 (Subdivision 7976) property located in the Dougherty Valley area,
Supervisorial District Hl.
A Road Improvement Agreement with Windemere BLC Land Company, LLC, principal,
whereby said principal 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
roadway and drainage improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
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
Originator: Public Works(BS) on the date shown.
Contact: Teri Rie(313-2363)
0:\GrpData\EngSvc\BO\20011TerM\RA 1102 BO-15.doc
WL: d ATTESTED: Januar
Ce: Pubic Works- R.Bruno,Construction y 15 , 2002
c,-1-15-02(PI) i
Planning,cote tnity Development
T--11-1s-0JOHN SWEETEN Clerk of the Board of Supervisors and
Windemere BLC,LLC County Administrator
3130 Crow Canyon P1.,#310
San Raman,CA 94583
The American insurance Company
5 Peters Canyon s'
lrvcna,CA 92606 By Deputy
RESOLUTION NO.2002/ 6_„J_
SUBJECT: Approval of Road Improvement Agreement for Bollinger Canyon Road,RA 1102,
(cross-reference Subdivision 7976), being developed by Windemere BLC Land.
Company, LLC, Dougherty Valley area(District III).
DA'T'E: January 15, 2002
PAGE: 2
L mash Bond
Performance Amount: $132,900.00
Auditor's Deposit Permit No. DP 379205 Date: December 24, 2001
Submitted by: Windemere BLC Land Company, LLC
Taxpayer identification number: 94-329-15-16
II. Aurety Bond
Bund Company: American Insurance Company
Bond plumber and Date: 11127507108,December 19, 2001
Performance Amount: $11,963,200.00
Labor&Materials Amount: $6,048,100.00
Principal: Windemere BLC Land Company, LLC
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION N0. 2002/16
Bond No.: 111 2750 7108
Dev'elapmeur RA.. 1102 X--Ref Sub 7975
Premium: $41,871.00
UtPRO'V£MF.I+x'T SICURM 11OND
FOR RoAD LwRonmr4T AGnemm
(Pe ot'TImancC, Guava ues, and Payment)
(California Govet=ent Coyle§§ 66499-66499.10)
1. i7JwcrrAL oi"iso.'ani+1m- $V T rmzr i Arlt I+s+yi N i ie,JPtOVCIOPc 0 + I�r pal)hU' x`�.outcdan agreement
(Road ,Improvement Agreemem) with the Cotmry to install and pay for street, drainage and other
ixr�pro�c�etat on, or along Bow r Canyon Road to co7mplete mid work within time specified
for comple=in the Road Improvement Agreement,all in accordance with State anis local laws and rulings
2. OBUGATIt'N: Windemere BLC Land Company, LLC aspziw�paland
The (American lnuzance*.4'cbporation organized under-The-laws office State.-Gf"--.-_Nebr ka,_a .
irylY i � .r_7,4 -•.•,....
and a-uthorize `totact suit y business in California, as Surety, hereby jointly and severally hind
ourselves, out beirs, 'executorsadministrazors, successors and assigns to the County of Contra Costa,
California to Oy as-follows: *Company
A. PerfarxxtaaCe- Eleven Million Nine Hundred SixtyThree Thousand Two Hundred and no/10(
iysllarsS. 11,963,200.00
1 for itself or any city assignee ander the above County
Road Smprovenzerit Agreement,plats
B. Payment: Six Million Forty-,P-.Thcausand ��►�" Hundred and no/100
Dollars tSto secure the claims to which reference is masse-in
Title 15 H ct seq. of the Civil Code of the State ofCaliforru.a.
3. ConTnom
A. The Condition of this obligation as to Section(2.A.)above is such that if the above banded 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 altesadion thereof maU as therein providers on it or its part, to be kept and
perfarmed 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
Qfficers, agents and employees, as therein stipulated,-then this obligation shall became
null ;gad wid, otherwise it shall be and r=ain in full farce and effect.
As part of the obligation swwrd hereby and in addition to the farce amount speaf ed t &%tore
shall be included reasonable-rusts,ex mscs and fees,includiug reasonable atcomays,fm,incurred
by the County of Contra Costa or city assipte,in s uccessf aly en&rcing sash obliptim all to be
taxed as costs and included in axty,judgement rendered.
R. The condition of this oblig4tion, as to Section (2.B.) above, is such that said Principal and the
undersigned as carporatc surety are held firmly bound unto the County of Coma Costa and all
contractors,subcontractoM laborers,material men and other persons employed it the perfonaaacc
of the aforesaid agreernent and referred to in the aforesaid Civil Mode, for materials fatrisluxt labor
of any kind,or for amounts due under the Unemplayrneut Insurance Act with respat to such work
or labor and that said undersigned surety will pay the salve in an atiotmt not exceeding the amount
herein above set fmth and also,incase suit is braugbt upon this bond,will pay,iu addition to the fact
amount thereof,reasonable costs, expenses and fees,including reasonable anornWs fats, 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 judg«aa=t therein
rendered.
It is hereby Mresgy stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and emporations entitled to file claims uxdcr Title 15(coma acing vrisb 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 tbeir assigns in any suit brought upon=this bond.
Should the work under the conditions of this band be fully performed, thea this obhga iou WAR
become null and void, otherwise it shall be and remain in full farce and effect.
C. NO alteration of said Road Improvement Agreetaeut 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 azul consent
is hereby giv=to make each alteration without further notice to or consent by the Swcety and the
Sm,ny hcreby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal mer tales.
4. SIGNED AND SLr.ALED:
The undersi ed executed this do6iEciifot December-1 2001
WINDEMERE BLC LAND COMPANY, LLC
By: Lennar Homes of California, Inc.
PMCIPAL; its manager —, STTRR'j'' ; THE AMERICAN INSURANCE COMPANY
Vis: 3130 Craw Canyon Place, #310 Address: 5 Peters Canyon
City: San Ramon, A 94583 Ci Irene, CA 92606
By: € By;
PriutNamo* Lawrence H. Tho son Print Name- Patricia Brebner
Title:
Vice President Title: A.ttomay-inFact
aw
��V&gSraF'arariBY.'WORD'+1�9•doc
............ -
....................................
........................................................................
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orme
On December 19, 2001 before me, S. McDonald�Notary Public, personally
appeared Lawrence H. Thompson, 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 rpy hand and official seal.
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;:
Cor orate Officer--Vice President Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of document: Bond No. 111 2750 7108
Number of Pages: Two(2)
Date of Document: December 19 2001
Signers (other than those named above): Patricia Brebner
CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT No.5907
State of Califomia
County of Orange
On December 18, 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 tome-OR- ❑ proved tome on the basis of satisfactory evidence to be the persons)
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.
WITNESS m hand and official seal.
ALEk;c H.BRYAN �
$# 1306-738 z Ar
V� >
Vic, ry clic_Crit° lLyr
yx SIGNATURE OF ARY
t J L1 6'3��^Sffi t.V�� j 1
ire, 3,2-1115 .
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) 8 LIMITED
GENERAL
Z ATTORNEY-IN-FACT
Q
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
5-4067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Bax 7184•Canoga Park,CA 91309-7184
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SUREW CORPORATION ASSOCIATED INDEMNI'T'Y CORPOR&TION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBHE INSURANCE COMPANY
GENERAL POWER OF ATr1DRNRY
KNOW ALL N[EN BY TEESE 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 INDEMNI'T'Y CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
CONTANY,a Mlssoud corporation,(herein collectively called"the Companies")does each hereby appoint Patricia Brebner
bir Costa Mesa, CA
their true and lawful Attornay(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seat,
acknowledge and deliver any and all bonds,undertakings,recognizanees 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 sigacd by the President,sealed with the corporate seals of the
Companies and duly attested by the Comparties'Secretary,hereby ratifying and confirming alll that the said Atta mey(s)-is-Adct 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 am now
in full force and effect.
This power of attorney is signed and sealed under the authority of the following ResWudoo adopted by the hoard of Directors of each of the
Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1945,and said Resolution has not been amended
or repeal«&.
` SOLVED,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 attmmy,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 seat shall be valid and binding upon the Companies."
IN VnTNESS WHEREOF,-the-Companies have-caused these presents to be signed by their Vice=?resident,and their corporate seals-to be bercunto
affixed this 30 Clay of J an txary .--.2001
FIREMAN'S FUND INSURANCE COMPANY
NAnONAL SURETY CORPORATION
.0 n1E AMERICAN INSURAkNCE COMPANY
� �,.� ASSOC:`IA'TED I[�tI3FMl�FIT'YC+bRPORATION
,,,`,..,• � r* + *+�� �� ++i AttIC ZUTIOMOBRE II�IStIR AItiiCE COMPANY
STATE OF CALIFORNIA, SS. By
COUNTY OF MARIN Viae Preskknt
On this 0 day of J antis ry 2 001 ,before me Monally came Donn R. Xplbeck
to rete 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 seat,the day and year herein first above written.
KRISTIN A,C-AtiZZOU
0 WMM.0t2t3=
r NOTARY Pt3WC-C-411FORNA 1
MAFUN COUNTY 0
My Gomm.E Asd 24.20M
STATE OF CALIFORNIASS, CERTMCATE 14 b
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 Hoard of Directors,.set forth in the Power of Attorney,are now In force.
Signed and seated at the County of Marin. Dated the—18 th day o€ l3ecember 2001
vitro
•, o, w i a�
�Y •y1x114Yi% k YET tr�,ANCli1+�* Low
Rt$ittmt A5S�9CALt S
'r y R 3R
00 �'t
y Y
,�� - €�'��.t� `� Fu ►"1Q A �`` tam ��� �` ���� `r �hrr
+ ► .. *Q ;
77
} f i
t r 1 *' '�",a' ti-t �"*:aa�l� �' _ }� •o ;r �'�` �, ��i �r�� ti,
ry '�
y'
sC.
777
02 4
t � ��� � � � r � amu$ ��t•.Gii6' ti+r � ��g t� � �r� � �"yi 1 � S 'i � ,11�v r ���..
'�'tT,rai '�;., ^�� -:+d q.g.t y•" {�.p '�i r ����� �{kms r �': " 1 ry�7 � � �' � -� F'��s' �Prd'�Sg,.� R"�t
�' � � x '�+-+'ffi� �rcav�' is i"' r '$ i�w t' �s� >`�*t>r'• zi st. '
al,i
{715:,rad` M16r' :.�Wylt�'��J`'�R ,y°•�,yaq a,.�p`+ a`y of 2 .�,�Y:,t s �2 �F 'c h r 4 it�"r � ; r 7
�. �+'*" r i ���-.ria e�'�.�� �7�` � .� �rY t is ✓ , 1 r� A�"'' �r z: f� 14'' r�t�+ t5. 'u,; 7 a. r i..::• zt.ti
c
t� aW-'�` .h Y„�<N.H .>p e. �y.� ,,.,a g q T ,,,�, k• ;�. ,�eFt. e`' .� �, t�4 ��0z` ';��i�T � ',e"#;v `,�
p
t ,� r.�'1�5,��'.� 'i'. w f e � b""4 „mow 415 �+'s•§:r r �y 3 y.,P,,,�}z's w -a.
e t _ '' s
�,� I I9 �, 5
. - � ,
a ( Ill .1 , " ,,�.,.l� .1 ?I �, . :,"':� ) � .
A
4 li�iOt2�,�N!4 A ,7N 1+�
'il
r C
,: ,' -
l
1: �:. ill,r —, , " , �I I� ,— ,�, , ., 1, 1 . I I ; , i -1 , r , - ..— �I �: � I I I I � �, �
"5�:7` ,~` c "S"" ',' �+ f. z ' 'ice^�+
2. x wadr
k t{ r { A 9
Ry x�y1 re -§"`" K` S .`a �+Rj -..r" F ..� Y`,o"':." ,'�...:. r u�..,1 ry� ". .fwd ,f,
1ys
i l $ J �' Cj k f S1.' C y _t
} 4a
1, I ., .:f t.:,.. ... 1.
� y4- ! }v t x ♦ l r } > 11 t '- r t 5 t �h .,rS `s !i 4= r E
' �; x,y 3 x, S E k s sux Z4. E
t;. `' ;s 3' z., t -' ' fiz,, x .5 ,., S` Fr',.4'. a ! eta �5x- �" ...'J},. :r
%
:1. x z m wt 'G- ol, '� yy T.3, ..'
111.
,- .. t
M {'
tu`
"';,
Y
t:.
N fi:
.=
' I
` ti dSr 5� Y { ty' { '� .
x 3
C
- 11 19 yy
` a k
e' �� a ti �.
w �r
r i 3-
} S
yX il 4i_
5
^ r J
It 4 1 .t
.L .r=
i
j td .4 J yb
WIs �FPNItt % 11 Ie'' r }Y i '..y �.:
't r ' �,� i b I r.. J'r ti x '� .< sh' t i-
S 'tt` y. t
;� 3 a ,, a ti i D*) z�$r ' '' ,a illk !f 4 n R 4�„S i 1i "'czar S Vz'-� ' ��,.
%
�,w" �, p° Y Y r r 7;w` $ °- , 1 ° y b Ey hr s �' 4 fY '3P ' !a -d r �r
a. a a" t. Y h"rt"1T `. ti e}, '{ 'w }4.1 p'.I "Ia- { �.a.+-4
r d * l..,p., 5 ..i.,":1.: .� - a '">i� ,F v. yam.
Y
K r
\ r y� �er,
N 9, y 1 T y ? �, 1Y.5"'r W'R d 4n S�e'Y'y" st F W, `J� ,� _
S - s ` %; ° 5�a1 i� �` r � x y
h a T �✓
e
f j r } I t.* s✓:Xt k is,�l t e' �\ ;>'.1 k U { i .
�. k
N
y Y}' �'S'}yY+t". ti I _ w a : .a t� a?�,; � e:• ''<' 4'
4$ i M 4 [ -, { § [ b iV�` J' .3` 5 LY $'
r
i
I •'
} *, �' e s„ x e
,:. 4 ><&` x'3,h'xa'M, YJs`sy' i:r i"+x�f7. >� 2" xwzj 7 '�
r t ' $" "v! t -9 A Y 9 U p l 0..Y 1.'�.'A � t Ali µ ! �,, „^ •g 4`
f �l11 'y�+
ars r R z r a e 4 u a�6 o p Y,. 's ¢ ,-
vl � . � vc
4
,r �^t'Tr o t!.�'�� � • `,�,'f�`� `7' .� j" 5 �-rte",�,� :��fra,�' 'mac•�- ,.. -�--�
h
�,�r�r', � ��` o�,�e cr-..� rr'� rrt.�r �c c7� r ''' �'r�r� -.�. �-- �i'✓.�' �t
-'et-f ca• ✓'s 57 J :mac ''' ,
, ' <g; } s
4
RQM IMPROVEMENT AGREBIbiENT
Developer: Windemere BBQ Effective Date:
Development: RA 1102(cross-reference SUB 7976) Completion Period: i year
Road: l3ollinser Canyon Road RA 1102 DEVELOPER:WINDEMERE BLC LAND COMPANY LLC,
A California limited liability company
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC,
A Delaware limited liability company
CONTRA COSTA COL7NTY Managing Member
Maurice M.Shut,Public Works Director rr -ti •Homes of California,Inc.,
A Californi rpo
�} ginp em
By:
Y (print nant&title)
chard Peterson Vice President
RECOMMENDED FOR APPROVAL wx
B)r 1 (signaenre)
Engineeri�g Pervicis iNvislipon, (print nate A title)
Don Larson Chief Financial Officer
FORM APPROVED: Victor I.Westmart,County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code 5313.)
I. PARTIES St DAA.Effective on the above date,the County of Contra Costa,California,hereinafter called"County.'and the above-mentioned L7eve
mutually promise and agree as follows concerning this development:
2. IMPROVEl4fENTS. 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(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 thaamder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. 1A1PROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
county:
A. For Performance and Guarantee: $ 9 .00 cash,plus additional security,in the amount of S l 1,963.200.00 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 tris security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of 4 6 tOV6f1 00which 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 894-4.408 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 ofone-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"
of the Ordinance Cole. 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 951"WHH SNI WE3RK 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 otherwork determined by the
Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period ofone-year from and after
the Board of Supervisors accepts the work as complete.
b. IMPROVEMENT PLAN WAMN1Y. 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 snake whatever changes are necessary to accomplish the
work as promised.
1 NO WAFVE.RBY QQUNT—Y. 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 andjor
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,not 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. INDEMNTI'Y: 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 IiabWties 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 compete,and including the
defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The Kct gns causiu fiabili are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and
att'butable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. N2n-nConditions; The promise and agreement in this section are not conditioned or dependent on wbedw or not any ludemnitee has prepared,
supplied,or approved any plim(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 s$E MAN-4 AND�'J S:If Developer fails to complete the work within the time specified in this Agreement,and subsequentextensions,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
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 Developersubsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay
all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
it. INCC MRA /AhJM2LA�It7N. 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,barn€,or letter ofcredit securing said rights shall be
transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement
as though Developer had contracted with the city originally.
12. CONSP-ERATIC}N 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
tot:tad
G:tGtpBata\EngSvctwarmn\20010wetebeztrtA 1102 AG-24.doc
:. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�•���..�Y !�'��aa�'._. z. .����>k3�,a ,�,,r, 'yl=,a,�,r� zv—i<.��-"4-��'��.c��?�� ����. ^4^"'..' ?���
f i tt2 jsA�
State Of E f ? ✓ 3 { ,th+��
County of '.` ``.-}..r' , t_✓
Can` } LL� b(- 3l ryj i before me,
Name and Tit e of Officer(0 4.'Jae Doe,Notary Public") 1
personally appeared ''L i A f t i"v I{� �'''�<,( i
Names)of S!gnsr(s)
[personally known to me–OR--Llproved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)glare subscribed to the within instrument
and acknowledged to me that+P�/they executed the r
DEBR,AA 5Nkt^d03G�
same in his, rltheir authorized capacity(ies), and that by
ccomm.c131 , � lei r./their signatures)on the instrument the person(s),
�WRA COSTA CFORNIY G) or the entity Upon behalf of which the person(s) acted,
comm-EXP.JULY 16,2x5 executed the instrument.
WITNESS my hand nd official seal. ;
Signature of Notary PuWcOPTIONAL
`^)�
Though the information below is not required by few,it may prove valuable to persons retying on the document and could prever;t
r ,
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of document:
k�
.� ��..
Document Date: Number of Pages:
Signer(s) Cather Than Named Above:
ON
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
SCJ
❑ Individual ❑ Individual q
E: Corporate Officer
E, Corporate Officer <:
K Title(s): Title(s):
4.
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
Too 0,thumb here ;cp of+numb Here
❑ Other: El ;
' Signer Is Representing: Signer Is Representing: E
Y :
3
C:085 Natrona:Notary Association+8236 Rerrmmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-900.876-68227