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HomeMy WebLinkAboutMINUTES - 10052004 - C8 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: October 5, 2004 SUBJECT: Approving the second extension of the Right-of-Way Landscaping Agreement, Subdivision 00- 08152. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/.53�ff for Subdivision 00-08152,approving the second extension of the Right-of- Way Landscaping Agreement,being developed by Windemere BLC Land Company LLC,San Ramon(Dougherty Valley)area. (District III) FISCAL IMPACT.': None. BACKGROUND/REASON(S) FOR RECOMMENDATION{S): The first agreement extension has expired for Subdivision 00-08152. The Landscape improvements are not complete. Therefore, the developer is requesting a second extension. CONSEQUENCES OF NEGATIVE ACTION: With the first agreement extension expired,the developer will not be able to complete the landscape improvements as per the original Right-of-Way Landscaping agreement. Continued on Attachment: SIGNATURE: 772ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ;— PPROVE -,- THER SIGNATURE(S): { ACTION OF BO ON OCIDBER 05, APPROVED AS RECOMMENDED XX _,.f<l 4WIt* I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the Xxdate shown. UNANIMOUS(ABSENT r�".�.�� ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: OCTOBER 05, 2004 G=\CrrgDatatEagSvclBf?12604ll0-05-04USD 00-087s2 Order ROWI..doc TOHN SWEETEN, Clerk of the Board of�^r brig,Div: Public Works(ES) Supervisors and County Administrator Contacts Teri Ria(313-2363) cc: Public Works-T.Bell,Construction Current Planning,Ctrvnunity Deveioptitent T-December 12,2004 v. Windemere SLC IAnd Company,LLC ¢ .� 3130 Crow Canyon Place,#310 Byt, ,.Deputy San Ration,CA arias Atm:Brian g7it The Antericar.Insuran=ce Company 777 San Marin Drive Novato,CA 94998 TINE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 5, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20041„� ,' SUBJECT: Approve the Second Extension of the Right-of-Way Landscaping Agreement for Subdivision 00-08152, San Ramon(Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Right-of-Way Landscaping Agreement between Windemere BLC Land Company,LLC and the County for construction of certain improvements in Subdivision 00-08152, in the San Ramon(Dougherty Valley) area, through April 9, 2005; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ♦ ANTICIPATED DATE OF COMPLETION: December 1, 2004 ♦ REASON FOR EXTENSION: Improvements complete, walk-through underway for acceptance. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. Mrm I hereby certify that this is a true and correct copy of an action o:1GrpData'd ngSvc\BO\2004\10-05-04,SD 00-08152 BO-1 I ROWL.doc taken and entered on the minutes of the Board of Supervisors on Originator: Public Works(ES) the date shown. Contact: Teri R ie(313-2363) cc: Public Works—T.Bell,Construction ATTESTED: OCTOBER 05, 2004 Current Planning,community Development JOHN SWEETEN,Clerk of the Board of Supervisors and County T—February 9,2005 Windernere BLC Land Company,UC Administrator 3130 Crow Canyon PIace,#310 //f San Raman,CA 94583 Atm:Brian Olin The American Insurance Company r 777 San Marin Chive By , Deputy Novato,CA 94998 RESOLUTION NO.2004/ .3caa CONTRA COSTA COUNTY RIGHT-OE-WAY LANDSCAPING AGREEMENT EXTENSION Development Number: Subdivision 8152 Developer: Windemere BLC Land Company,LLC Original Agreement Bate: April 9,2002 Second Extension New Termination Bate: April 9,2005 Improvement Security Surety: The American Insurance Company Bond No. (Date): 11127507777(February 27,2002) € Security_Tye Security Amount Cash: $ 1,100.00 (1% cash,$1,000 Min.) Bond: $ 108,700.00 (Performance) $54,900.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby aee thereto and acknowledge same. Dated: 4/,-, A bated: August 11 , 2004 (See attached signature page) FOR..CONTRA COSTA COUNT J � Developer's Signature(s) Maurice IvJ�. Shiu,Public Works or BY �;: : s �... Printed (See attached signature page) Developer's Signature(s) RECOMMENDED FOR APPR Ah By: µ Printed (Engineering e icesDvision) 25 Enterprise n' Aliso Viejo, CA 92656 Address The American Insurance Companu (`NOTE. Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must beN©tarized.) 777 San Marin Drive Novato, CA 94998 FOkM APPROM:Vkw S.PlcetrcMAX00MYCOWW, Address After.&Uayd Return,to C1 rk of the Board . Attorney in Facts Signature Eileen M. Robison Printed WINDEMERE BLC LAND COMPANY,LLC,a California limited liability company By: LEN-OBS WINDEMERE,LI,C,a Delaware limited liability company; its Managing Member By: LENNAR HOMES OF CALIFORNIA,I)IC.,a California corporation, its Managing Member i yJ fi Lawrence 11.Thomps+rr►,Vice Preside" By: Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On August 11, 2004 before me, Dina Printy, personally appeared Lawrence H. Thompson and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. - DINA PR . 4 4 Cammissfon#148381 D [ Notary Public-California f 1 Orange County My COMM.ExplrM Nov 28,2017 OPTIONAL Though the data below is not requires[ 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: Lawrence H. Thompson—Vice President Lennar Homes of California Inc. Dee Baker-Assistant. Secretary Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Right of Warr Landscaping Agreement Extension for Surety Bond No. 11127507777 Number of Pages: Two Q Date of Document: Auqust 11, 2004 Signers (other than those named above): Eileen M. Robinson CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of � � on G:«S. tu!' f f ' '` , before me, r i ffi a ,~ f uiy d 4 i"f,, 1*Ct •, � i1i [.,at. Name and'lido of Officer{e.g.,'JamPablo-'") e Doe,Rotary personally appearedm . � Name(s)of Signers) ¢ersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(p) whose name(o is/ e subscribed to the within instrument and acknowledged to me that Ve/she/th6y executed the same in Ws/her/noir authorized capacity(i4), and that by Vs/hedtf 6ir rKRISTIN A.GA7.ZOL! signs#ure( r'j on the instrument the person),or 0 COMM, #1486119 the entity upon behalf of which the person{ NIITAAY6RINC-UN-NgANtA acted, executed the instrument. MAAIh3{,�tft3"tY' IJ My Comm.Expires APRIL 28,2t10B � WfTNI�SS m hand and official seal. Mace Notary Seat Above Signature g ;1 4 k• .d OPTIONAL Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: RI Jul+-i�s #Ji- Lk eu +e s;c> , /,1 d 5,6 '7'77 Document Date: Number of Pages: sF Signer(s)Other Than Named Above: Capacity(fes) Claimed by Signer ,, ` Signer's Name: 0 Individual - i Cl Corporate Officer—Title(s): t Top or rhumb here 0 Partner—0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conseator 0 Other: Signer Is Repnting: r t A It IREMAN'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 T14ESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAI SURETY CORPORATION,an Illinois corporation,TBE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated it Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCI COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Eileen M. Robison of Novato, CA their true and lawful Attorneys)-in-Pact, 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 outer written obligations in the nature thereof——___——__w acrd 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 th Companies and duly attested by the Companies'Secretary;hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premise,, 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 nor in full fierce 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 th 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 amen& 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 WCINESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunt affixed this 2nd day of Novem r , f101 FIREMAiYS FUND INSURANCE COWAN' �, , �'�,,,,+w`'+c°•. . . �, ` ,.t ,a�w NATIONAL SURETY C+ORPORATIO1 sir. m� t ' A THE AMERICAN INSURANCE COWAN' <>4 %;•>. _`," t '"� , .•-- t ASSOCIATED INDEMNITY CORPORATIOI << ..+., ��+c eu�* t r� `cn►t 'ria AMERICAN AUTOMOBME INSURANCE COMPAN STATE OF CALWORNIA SS. By COUNTY OF MARIN Vic e-President On this 2nd day of Ncaverctber 2Cf 01. ,before me personally came Donn R. Kolbeck to me known,who,being by me duty sworn,slid depose and say:that he is a Vice-President of each company,described in and which execute 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 WTIEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. r iCftis-TIN A.GAZZOL! 0 COMM.#1262236 � -o NOTARY PUSLM-CALIFORNIA L _ MARM COUNTY 0 My Gomm,Expires Apd!29.200 N ti STATE OF CALIFORNIA I SS. CERTIFICATE COUNTY OF MARIN L the undersigned, Resident Assistant Secy of each company, DO HEREBY CERTIFY that the foregoing and attached POWER C ATTORNEY remains in full farce and has not been revoked;and furthermore that Article VTI of the By-laws of each company,and the Resolutir 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 6th day of August 2004 r ,},T ,", • . • • i E o4 L Yes SFYY.3ffi7G V �»�+. e <•,„•••• acs ter y� 4 #° Ressdent Assistant SpAy CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 8152 Developer: Windernere BLC Land Company,LLC Original Agreement Date: February 12,2002 Second Extension New Termination Date: February 12,2005 Improvement Security Surety: The American Insurance Company Band No. (Date):. 11133599230(November 20,2001) Security .ye Security Amount Cash: $8,200.00(1% cash, $1,000 Min.) Bond: $ 814,200.00(Performance) 1 i $411,200.00 (Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Centra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: E"> _ Dated: August 1 1 , 2004 (See attached signature page) FOR CONTRA COSTA COUNTY,""-� Developer's Signature(s) Maurice M. Shiu,Public WgXks"Dc r By: i £ {;;:�,: .:,:, Printed ._v f n ( See attached signature page) Developer's Signature(s) RECOMMENDED FOR APPR�V- L; By: t r ' r� •k ll Printed (Engineerings ces i } 25 Enterprise Aliso Viejo, CA 926561 Address The American Insurance Company„ (NOTE: Developer's, Surety's and financial Surety or.Financial Institution Institution'sSignatures must he_Notarized.} 777 San Marin drive Novato, CA 94998 PORM APPROVED:V'.W,d.Woim.a C—yC-uci Address l�te,�,jgprvval Return to Clerk of thebg A.ya�.� Attorney in Facts Signature Eileen M. Robison Printed WINDEMERE BLC LAND COMPANY,LLC,a California limited liability company By: LEN-OBS WINDEMERE,LLC,a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA,INC.,a California corporation, its Managing Member r By.` Lawrence H.Thomps' ,Vice Preside By: Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On August 11, 2004 before me, Dina Prints, personally appeared Lawrence H. Thomason and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and offi 'al seal. DtNA PRINTY ornmisslon# 4536!f) Notary Public California � Change County My Comm.Expires Nov 28,2007 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: Lawrence H. Thompson —Vine President Lennar Homes of California, Inc. Dee Daher - Assistant. Secretary Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Subdivision Agreement Extension for Surety Bond No 11133599230 Number of Pages: Two (2) Date of Document: August 11, 2004 Signers (other than those named above): Eileen M. Robinson CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of on ,#' f :t , before me, Date Name and lift.of cwic.r(..g.,"Jane Doe,Nota+y PuWic'y J personally appeared y; � Names)of Signa ss) personally known to me 'D proved to me on the basis of satisfactory evidence to be the person(o whose name(s) isle subscribed to the within instrument and acknowledged to me that f /shelth6y executed the same in tAslherftheir authorized capacity(io), and that by t /herltf,(eir r KRISTIN A GAllgLi signature()on the instrument the person, or 0 COMM. #1488119 the entity upon behalf of which the person(le) it NOTARY Puet.tCOtki C•oALirY FOAN3A < MAS N 0 acted, executed the instrument. MY Conm.EXpirst APAtL 29,24i1g "a WITNESS my hand and official seal. Place Notary seat Above SignaF{ o < ubiic , F 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 Comm to another document. Description of Attached Document Title or Type of Document: ';s <i< ,>i o , _ a .-m s>U s l t } ` 'r S _; Document Date: Number of Pages:. Signer(s)Cather Than Named Above: Capacity(ies)Claimed by Signer w Signer's Name: D Individual > Top of thumb here D Corporate Officer�----Title(s): 'u D Partner—D Limited D General y 0 Attorney in Pact D Trustee / D Guardian or Conservatgt'` D Other: / Signer Is Represihng: 1 t FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNI'T`Y CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIO}NAI SURU'IY CORPORATION,an Illinois corporation,THIS AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated iz Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCI COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Eileen M. Robison of Novato, CA their true and lawful Attorneys)-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 d3 Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premise, This pourer of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are nor 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 th 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 amende( or repeated: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seat of the Companies may be affixed or printed on any power of attorney,on any revocation of any pourer 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 WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seats to be hereunt, affixed this 2nd day of Nov=hem ,_ 200 1. 4*ori _Ni FIRR ,MAN'S FUND INSURANCE COMPAN' �,,.,.•••.,°m, �w".,. , °"�"w�w� NATIONAL.SURETY CORPORAnoi THE AMERICAN INSURANCE CtOMPAN' � } ASSOCIATEI)INDEMNITY CORPORAT101 ........• �'kca ccr�'` *xc�`ck�` yew "` AMERICAN AI3'I�3MOBILE INSURAN CC3MPAN 0STATE SOFALIFO h COUNTY OF MAII N SS' By vice-Presidmt Chi this 2nd stay of November —,--Z0-01 ,before me personally cage Donn R. K.oLbeck to rise known,who,being by me duly sworn,dist depose and say:that he is a Vioe-President of each company,described in and which execute 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 WrrNix..SS W HEREOF,I have hereunto set my hand and affixed my official seat,the day and year herein first above written. r KRISTIN A.CAZZtOLI COMM.#1262236 > o NOTARY PUBLIC-CALIFORNIA MARIN COUNTY d MY Carom.Expl1e5 Apd!29,2004 I N ti STATE OF CALIFORNIA SS. CEIYI'M A E COUNTY OF MARIN L the undersigned, Resilient Assistant Secretary of each company, Do HEREBY CERTIFY that the foregoing and attached POWER C ATTORNEY remains in full force and has not been revotced,and furthermore that Article VII of the By-laws of each company,and the Resolutic of the Board of Directors;set forth in the Pourer of Attorney,are now in force. Signed and seated at the County of Marin. Dated the 6th day of August 2004 C�'N 70 w wa w � • �. y�,..�rf ,�, Reside»t Assistant ROAD IMPROVEMENT ACzREEMENT Developer: Sha elp l Industries of Northern California Effective Date: _ 113 10-t Development: RA 1157(Cross Ref. SUB 8305) Completion Period: 1 year Road: Dougherty Road Bridge Replacement THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director " (signature) (print uome E t" '� � ?�lfl RECOMMENDED FOR APPROVAL Al By: (sem—)94 r Engineering S ces ' isitrn FORM APPROVED: Victor J.Westman,County Counsel0 (NOTE: All signatures to be acknowledged. If Subdivider i4 incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) I- PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Develo13 mutually promise and agree as follows concerning this development: 2. IWIIWROVEMENTS. 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 thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IlWIPROVEMENT 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: $ 8Affl cash,plus additional security,in the amount of$ 827,900 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 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$ 418,150 ,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 S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 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 consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work detetnmined 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. 6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 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 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. 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 anytime 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 actor 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,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 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,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 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 terms of this agreement as though Developer had contracted with the city originally. 12. 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 RL:kw G:\GrpData�6ngSvc\Slava�Ga1e Ranch Phase 31RA 1157-Dougherty Bridge Replacetnent1RA1157 Road Agreenwnt.doc Rev.April b,2000 II CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT s State of California County of Santa Clara On August 24,2004, before me,Janice T. Kruse,Notary Public personally appeared, ?< J.C.Truebridge& Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. JANICE#I(IZUEE Commission# 13;8697 Notary Public-Calitomia ,WITNESS my hand and official seal. $Onta Clara County a *C*M. Aug 24,2tDi Signature of Notary Public z` Optioni In-formation Title or Type of Document: Road Improvement Agreement-Doul1herty Road Bridee Replacement. Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Sha ell Industries Inc.