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HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-409 04 , 17 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/ 409 SUBJECT: Approve the Road Improvement Agreement for Bollinger Canyon Road, RA 1106 (cross-reference SUB 7976) bridge construction, across Alamo Creek on Bollinger Canyon Road,Dougherty Valley area. The following document was presented for Board approval this date for, property located in the Dougherty Valley area. A Road Improvement Agreement with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Road Improvement Agreement within one year from the date of said agreement.Improvements generally consist of bridge construction. Said document was accompanied by the following: Security to guarantee the completion of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $22,100.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: DP372379 dated August 1, 2001 Dl:gpp:lap G:\GrpData\FngSv6B0\200l\130 9-1 I-01.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) cc: Pubic Works- R.Bruno,Construction Current Planning,Community Development I hereby certify that this is a true and correct copy of an action T—July 11,2002(Pl) Windemere BLC Land Co.,LLC,Ann:Pete Peterson taken and entered on the minutes of the Board of Supervisors 3130 Crow Canyon Place,Ste 310,San Ramon,CA 94583 The American Insurance Co.,Atm:Patricia Brebaer on the date shown. 5 Peters Canvon,h-vine,CA 92606 ATTESTED: September 11, 2001 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By Deputy RESOLUTION NO. 2001 409 9� - t SUBJECT: Approve the Road Improvement Agreement for Bollinger Canyon Road,RA 1106(cross- reference SUB 7976) bridge construction, across Alamo Creek on Bollinger Canyon Road, Dougherty Valley area. DATE: September 11, 2001 PAGE: 2 11. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 1114171 5166, September 26, 2000 Performance Amount: $2,189,900.00 Labor&Materials Amount: $1,106,000.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2001/ 409 DEPOSIT PERMIT v 1(' )FFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM - ORGANIZATION NUMBER J/5D0 (On) QuBL1G CJU/?n'S (For Cash Collection Procedures see County Administrators Bulletin 105.) DESCRIPTION FUND/ORG_ ACCT. TASK OPTION ACTIVITY AMOUNT "-vU��SI 1��0 �E� (oLt�f31� j;�oo �} t� L�NC,"K � r tGLM D r � P P60. A. L.*,1- �"L;-? �) N I� L o�a� Sys �7v I �qv lS �c�ioL, CL ; ooi . Ilk 111V111111111 I 1 11 10 190100 0800 ? %DD 100 EXPLANATION: �25"6 TOTAL $ , C'G'T C� IDS L.'L3 JU .04 DEPOSIT 5 t �(� q items � 1Vv l Ct 5 : 0�is SU i)7 ii 1 L t 0-1L>t� -1 i` Deposit consists of the following't 1 In COIN and CURRENCY $ j CHECKS,R0 ETC. $ 1) •0'-f BANK DEPOSITS $ 1)4 c f C 1 FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE 3172379 AV I ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amoot is hereby ep dosit into the County Treasury. ackrow(edgecL/ zz 0�_DciteS - j signed: X, Vic- Signe . Title: + �� t.C- EXT. Depv Co Audit 1 t Deputy County Treasurer 3-34 REV.(7-93) C'1 ��, `{ A-,'SW, �. �_, A zq L 1) 4 . /Zoe, Cj :?cB4OA DEPOSIT PERMIT P -FICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA _ RKENED FROM �/ - ORGANIZATION NUMBER ` !�U Io�sQ��l PU,P,L' (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT TASK OPTION ACTIVITY AMOUNT P 1"i 00648 � v EXPLANATION: TOTAL $ DEPOSIT Deposit consists of the following items CONN and CURRENCY $ CHECKS,M.O ETC_ $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT 7 �f PERMIT DP ! NUMBER DATE X ASSIGNED The arnount of honey described above is for Treasurer's receipt of above amount is approved Receipt of above amouyifis hereby into the County Treasury_ «knowlef ed r % Signed: Title: (!_( CIL EXT. Deputy C unty Auditor Deputy County Treasurer M i r-34 REV.(7-93) 0649-9665 / 831000: G1060250, RA 1115, Shapell Industries of No. CA, P O Box 361169, Milpitas, CA 95035 Improvement Plan Review $6,500.00 Inspection $32,460.00 0649-9665 / 831000: G1060252, MS 106-90, Rosemarie A. & Joseph M. Keebler, 1150 Pinewood Dr, Napa, CA 94558 Map Check Fee $1,600.00 COA Check Fee $1,000.00 0649-9665 / 831000: G1060256, $500.00, Record of Survey R52588, First Am Title Guaranty Co, 8 Camino Encinas Suite 120, Orinda, CA 94563 0649-9665 / 831000: 61060255, $500.00, Record of Survey RS2589, James Gray & Marie Felde, 653 Jennie Ct, Lafayette, CA 94549 819800-0800: G1060251, $22,100.00, RA 1106, Windemere BLC Land Co LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0648-9140 / 812100: G1060031, $3,640.00, MS 353-01, City of Brentwood, 708 Third St, Brentwood, CA 94513 Executed in Triplicate Bond: 111 4171 5166 Premium: $7,665.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVENIENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage and other improvements on, or along Bollinger Canyon Road to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: Windemere BLC Land Company, LLC ,as Principal,and The American Insurance Company , a corporation organized existing under the laws of the State of Nebraska , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance: Two Million One Hundred Eighty Nine Thousand Nine Hundred-- Dollars ($ 2,189,900.00 ) for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: one Million One Hundred Six Thousand-- Dollars ($ $1,106,000.00 ) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As 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, incu.�ed by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. c - ' B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, to be a,,arded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 1.5 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on September 26, 2000 WINDEMERE BLC LAND COMPANY, LLC PRINCIPAL: a California limited liability SURETY: THE AMERICAN INSURANCE COMPANY company Address: 3150 Crow Canyon Place #310 Address: 5 Peters Canyon City: San Ramon, CA 94583 City: Irvine, CA 92606 By: Lennar Homes of California Inc. By: 7r, -;; ', its managing partner t By: Print Name: Patricia Brebner Title: //�- ��� Title: Attorney-in-Fact David , Vice sident nnv -?WSPSHARDA TANG r,DaWEngSvc`Fortns\BN WORDV3N-9.doc Rev.June 17. 1999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On September 26. 2000 before me, S. McDonald, Notary Public, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hha,9d and official seal. S. Mc UONALD commission#1260993 Notary AAA-.-Caftnib Orange Coto" My Comm BqorrW Apr16,= OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Security Bond No. 1114171 5166 Number of Pages: Two 2 Date of Document: September 26, 2000 Signers (other than those named above): Patricia Brebner CALIFORNIA ALL-PURPOSE A OWLEDGMENT No.5907 State of California County of Orange On September 26 2000 before me, Patricia M. White,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Patricia Brebner NAME(S)OF SIGNER(S) ® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Vs.,1V7 .52 WITNESS my hand prod official seat. Mct 3.Zw1 - SIGNATURE OF.NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) The American Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 _iEMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY E MERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE tCONTANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Patricia M. White or Patricia Brebner of Costa Mesa, CA their true and lawful 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 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 Resolution adopted by the Board of Directors of each of the Companies at a meeting drily called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 22nd day of March 2000 Y t.►""s! +�a:�F+�, �+""�,tr ^wt FIREMAN'S FUND INSURANCE COMPANY __ NATIONAL SURETY CORPORATION a `�:a z w z:s: THE AMERICAN INSURANCE COMPANY SM a"° ASSOCIATED INDEMNITY CORPORATION Y ttw.ds Y ea •. ..: f G���tr �4 lr ` n7J•-•.ioui�'•:�''' cE cow **w�E•co+ �o +P��► AMEBIC AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA SS. BY COUNTY OF MARIN } vice-President On this ?2nci day of Marrh 9nnn ,before me personally came Donn R. Kolbeck to me known,who,being by me duly sworn,did depose and say: that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WTIEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. L OCAMPO Commission# 1163726 = z Notary Pubric-Cofifomia Morin County h2aa STATE OF CALIFORNIA SS. v N Public SS. COUNTY OF MARIN I 1, the undersigned, Resident Assistant Secretary of each company, DO AEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 26th day of September 2000 C C AN S 8• Jt �e!=` °^cE c�� *SMC[C� nE �,.�' Resident Assistant Secretary 19-J V U Developer: Windemere BLC Effective Date: 0 0-1— Development: RA 1106(cross-reference Subdivision 7976) Completion Period: 1 year Road: RA 1106 THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: QQNTRA COSTA COT TY DEVELOPER Mauricc M.Shiu,Public Works Director Windernere BLC Land Corrip a y, LLC By. & 5 RE 0ENDED OR APPRaVAL "ci ON e& 0A, 1:n L- MM Eli) ( 41,- ;A' By: A (dipnnfure) Engineer i C�e s4T,--v`Avk Engineer' JFt,V1CL7V<,i4 9'1 CfZj FORMAPPROVEQ: victor J.Westirtan,County Counsel t Nrl.tcrr VACYV7 e S Qjj .--r–V-,C- (NOTE; All sipaturcs lobe acknowicilgcd. ICSubdivider isincorporated,-qignatLrcsnvist conform with the dtsiioatcd rctireseiiurive groups Pursuant to corporations Code S313) I PARTIES&DATE.Effective on the above date..the County of Contra Costa,California,horcin after cal led"Cou n "and the above-mentionedDeve)ope mutually promise and agee as follows concerning this development: 2- IMPROVFMENTS. 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 dcvcloprment as reviewed and on file with the Contra Costa County Public Works Department and in con forrnaacc 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 mariner,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 thorc is a conflict between the improvement plans and the County Ordinance Code,the stricter nuluircmrnls Shall govern. 3. TMPROYEM-ENTSEQLMITY. Upon executing this Agrccmtcpt,the Developer shall,pursuant to the County Ordinance Code,provide as security To the County A- For Performance and Guarantee: $ 22.I00.Q0 cash,plus additional security,in the amount ofS---2-180 900.00 which together total one bu3adred percent(1001/6)of the estimated cost of the work. Such additional security is presented in the forrn of: —Cash,certified check or cashiers check. X Acceptable corporate stircry,bond. — Acceptable irrevocable letter of credit With this security,the Developer guarantees performance under this Agreement and maintenance or the work for one year after its complexion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. Fo Payment: Security in the amount of I D6000-00 which is fifty percent(50%)orthe estimated cost of the work. Such _ jj� 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[tis 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. CA—LARANIE-1;AND WAKRANTY OF WORK. Developer guarantees that said work shall be frec from defects in material or workmanship and shall perform sarisfactorily fora 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. 4 The guarantee period does not apply to road improvements for private roads which are trot to be accc,„ad into the County road systcm. 5_ PLANT ESTABL1SHM M WOM Developer agree-to perform establishment work for landscaping installed under this agreemeac Said plant cstablishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other wort determined Dy the Public Works Depat'nncnt to be necessary to insure establishment of plants. Said plant establishment work shall be performed fbr it period ofone�year from and aflor the Board of Supervisors accepts the work as complete. 6, IMPROVEMENT FLAN 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 dcvcloporent. If,at any rime before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes arc necessary to accomplish the work as promised. 7. NO WAIVER rix COUNTY, inspection of the work and/or materials,or upproval of work and/or materials or statement by arty 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 pan of said work and/or materials,or payments,therefor,or any combination or all of these acts,sba11 not rclicvo tho Developer Ofhis obligation to fulf,0 this aFrecmcntas prescribed;nor shalI the County be thereby be stopped horn bringing any action for damages arising frorn the failure to comply with any of the terms and conditions hereof: 8. I,t�P11hOM: 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 spbcial district,elective and appointive boards,commissions, officers,agents,and employees. B. The liabilities protested against aro any liability or claim for dAmase 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 darnage was unforeseeable at any time before the County reviewed said improvement pians or accepted the work as complete,and including the defense of any suit(s).action(s),or other proceedings)concerning said liabilities and claims. C. The actions causing liability arc any act or omission(negligent or nail-negligent)in connection with tho 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. Nan. Cg tTitions: The promipe and agreement in this section are not conditioned or dependent on wbether or not any indemnitee has prepared, supplied,or Approved any plan(s)or specifications)in connection with this work,or has insurance or other indemnification covering any of these mutters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. E. 1. Wiadclncre BLC Land Company LLC(-BLC-)shall indemn*,dclbnd and protect Contra Coon County("County")and the Contra Costa County Flood Control and Water Conservation District(coliectively,"Districej against,and hold County and District harmless from,any and all claims.costs,losses, liabilities,damages or other expenses(including attorneys tidos and expenses),to the fuilext extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,by and between BLC and Shaped Industries,Inc. ("Shspeii')including,without limitation,any claim. cost loss.liability,damage or other expense arising out of any action or other proceeding brought by Sbapcll against County or District in connection with ally act,approval or other requirement of County or District in connection with BLC's activities uncia the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section 1 above shall exist regardless of concurrent negligence or willful misconduct on the pan of the County or District or any other person,provided,however,that BLC shall not be required to indemnify,protect,defend or hold County or District harmless to the extent uuy claims, loD=R, liabilitico,dnmsges or Other expenscA Are attributable to the negligence or willful misconduct of County or District in maintaining or repairing iutprovements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections theL f and rebooting existing utilities required thereby. 10. NON-PERFORMANCE AND CASTS:tf Dovclapee falls to complete the work within the time sr=ific d in this Agreement,and subsequent extensions,or NU to maintain the work tbo County pray 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 li i ted to: engineering,inspection,surveys,contract,overhead,etc,)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in tree event the County proceeds to complete and/or maintain the work, Once action is taken by County to complete or maintain the work,Devaloper 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 wogs,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. 1NCORPORATIONIANNB ATION, If,before the Board of Supervisors accepta 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 maybe transferred to the new or annexing city_ such city shall have all the rights of a third parry beneficiary against Developer,who shall fulfill all the terms of tbig agreement as though Developer had contracted with the city orlitinally. TR.bp G_\GspDatalttatgSvclTrnlZOU3VanctRA I106-ACr24,doe kax 6-29-01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (t State of California t ' ss. >> County of "t I O 1 t i before me, DaeName and Title o Officer(e.g.,'Ja a Doe,Notary Pub c') z personally appeared (17, - C r{ i��Ytit Name(s)of Signer(s) impersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose name(* is/ark subscribed to the within instrument and T'Ar l A acknowledged to me that he/s)WJth_q executed Commission the same in his/h*Ahaif authorized Z:".s r s Notary Pub,;` Cc y A;om�da stir,-y capacity(ie and that by his/hJt(ir WComm.E:.tzrr-s Nov 19.E� signature(�on the instrument the person(,?s�,or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my h nd official seal. Place Notary Seal Above Signature oiNotary Public ') I 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. Description of Attached Document ) Title or Type of Document: i Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: _ ❑ Individual ) j Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee i ❑ Guardian or Conservator ❑ Other: I Signer Is Representing: i ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1. ," State of California I ss. County of �(?�, - r r r On— 1 ,� ;V J , before me, tAla Date / Name and Tdle of ,cer(e.g.,'Jane D ,Notary Public") personally appeared = uv-- Name(s)of Signer(s) f 'i4ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(M_ whose name(–is/alae �.� subscribed to the within instrument and TRACT i=.. R,Ah!_'t L acknowledged to me that he/s(Sh r executed Commission# 1742''94 < x the same in his/hrCthiL authorized Notary?ub;ic-Cc r�,,;a i ZgAlomndn ��t,r y - capacity( ,_ and that by his/t3e/thVr 4VjW Ccynrn.R-r*Fs NV)v 19,2[1:13 signature(�)_on the instrument the personX or the entity upon behalf of which the person( ] acted, executed the instrument. �\ WITNESS my hand and official seal. i Place Notary Seal Above Signature of Notary Public ) i 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: r ❑ Individual .Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee i- ❑ Guardian or Conservator ❑ Other: r Signer Is Representing: ©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