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HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-410 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 11, 2001, by the following vote: AYES: Supervisors Gioia, Gerber , DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.:2001/ 410 SUBJECT: Approve the Road Improvement Agreement for Bollinger Canyon Road Culvert #1, RA 1111 (cross-reference SUB 7976), in the Dougherty Valley area. The following document was presented for Board approval this date for property located in the Dougherty Valley area. A Road Improvement Agreement with Windemere BLC Land Company,LLC,developer,whereby said developer agrees to complete all improvements as required in said Road Improvement Agreement within one year from the date of said agreement. Improvements generally consist of installation of culvert. Said document was accompanied by the following: Security to guarantee the completion of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $11,100.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 371112 dated 7/5/01 and 372608 dated 8/7/01 Dl:gpp:lap G:\GrpData\EngSvc\BO\2001\BO 9-11-01.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(PI) Windemere BLC Land Co.,LLC,Attn:Pete Peterson taken and entered on the minutes of the Board of Supervisors 3130 Crow Canyon Place,Ste 310,San Ramon,CA 94583 on the date shown. The American Insurance Co.,Attn:Patricia Brebaer 5 Peters Canyon,Irvine,CA 92606 ATTESTED: September 11, 2001 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By Deputy RESOLUTION NO. 2001/ 410 SUBJECT: Approve the Road Improvement Agreement for Bollinger Canyon Road Culvert#l, RA 11 I 1 (cross-reference SUB 7976), in the Dougherty Valley area. DATE: September 11, 2001 PAGE: 2 II. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 111 3358 2913, June 25, 2001 Performance Amount: $1,094,000.00 Labor&Materials Amount: $552,550.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is APPROVED. All deposit permits are on file with the Public Works Department RESOLUTION NO. 2001/410 COUNTY OF CONTRA COSTA (l DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: - RECEIVED FROM (10 ny1yr o. t,-� cn i c. t ;'±r�`�` ORGANIZATION NUMBER (Orgmimfion) A4-1 f (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. $ V .C?1'�� �C3c, ICS v -'1-1 I 0 RU 6 L 0Z' ^L 4, 1 I 1 tom`( O rte. 0(7_11 ;7.1Ld I I 1 I I 1 EXPLANATION: TOTAL $ I ()-a C' DEPOSIT • Deposit consists of the following items ✓ �'+�• ( �` �� © � — t COIN and CURRENCY $ 02..3. 71 CHECKS,M.O ETC. $2 3©t 3)(1• I D r' t 015 7 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP_ NUMBER ,,��66 DATE 37��IL1? ;,�x€L 95M ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is/approved. Receipt of above amount is hereby deposit into the County Treasury. f acknowledged. r t Signe) r.� ,�' Date�77�'G1 Signed' Signed: tt Title: A 'EXT. Deputy County Auditor Dep ty Cou t reasurer D-34 REV.(7-93) ,�� Trust Fund 819800-0800 Total $31,000.00 G#1060210 $11,000.00 RAI 111 Road Acceptance Cash Bond, Guarantee of Performance, Windemere BLC Land Company LLC, 3130 Crow Canyon, #310, San Ramon, CA 94583 G#1060212 $20,000.00 RAI 113 Road Acceptance Cash Bond, Guarantee of Performance, Windemere BLC Land Company LLC, 3130 Crow Canyon Pl., #310, San Ramon, CA 94583 -'DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM C / ORGANIZATION NUMBER U (oyonimlionl -Z �r c -S% (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT ACCT. �z 7 /yv ,fir � _ •� f- y� $ EXPL ATION: TOTAL DEPOSIT $ 3 � Deposit consists of the following items COIN and CURRENCY $ a + SG�r''v `� ''� CHECKS.M.O ETC. $ �i c✓ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY 4.�GrJCi rt/� � i i' >J�" .....G<ci�C _-e �'-S�--YTS f S^Cid DEPOSIT /7 PERMIT DP 1 > -' /�;G c7,c/.�J. C_.ti• �'� `o NUMBE DATE 3729-0 AUG, T ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approve Receipt of above amount is hereby deposit into the County as y. acknowledged. Sigq Signed: ti`/ / Signed: Title: j S EXT. Z Deputy County Auditor County Treasurer D-34 REV(7-9 Q�C ,CS G L 8,e � A �� ` e/% S J, y/8/dam yrs. �� �/ ��v✓ �r-� Ire-7 Q Y5 S- Q' Jf� o © o r ��JZ�r rz cam?. ���t•.�.s �X ,�-�'�T. �cr S,=2' �i�� C . Bond No.: 111 3358 2913 Development: Windemere 'V—IAV 1> Premium: $32829.00 X i IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA1111, Culvert #1 to complete said work within the 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*, a corporation organized under the laws of the State of Nebraska and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: 'Company A. Performance: One Million Ninety Four Thousand and no/100 Dollars ($1,094,000-00 ) for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: Five Hundred Fifty Two Thousand Five Hundred Fifty and no/100 Dollars ($ $552,550.00 ) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. �. CONDITION: A. The Condition of this obligation as to Section (2.A.)above is such that if the above bonded Principal, or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true in!e-it aid 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. 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 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 entitled to file claims under Title 15 (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 meed 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 corn any Address: 3150 row Canyon Place 1310 Address: 5 Peters Canyon City: San Ramon, CA 94583 City: Irvi--ne, CA 92606 Bv: Lennar Homes of California Inc. By: its managing partner � t CBS By: r Print Name: Patricia Brebner Title: /��- /�� Title: Attorney-in-Fact David , Vice Presiclent T'NSI'SHARDA TA\GrpDau�EngSvc`Fomis%BN WORDNBN-9.doc Rev.June 17.1999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On June 26, 2001 before me, S. McDonald, Notary Public, personally appeared Michael P. White, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. S. MC DONAID Co,mi« 's 6n933 Z z' sA N tary Pu �c C omia Z Orange Coun*y My Comm. rpi es,fir;o. G4 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California, Inc., for Windemere BLC Land Company, LLC DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Security Bond No. 111 3358 2913 Number of Pages: Two (2) Date of Document: June 25, 2001 Signers (other than those named above): Patricia Brebner CALIFORNIA ALL-PURPOSE A( )WLEDGMENT No.5907 State of California County of Orange On June 25, 2001 before me, Alexis H.Bryan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Patricia Brebner NAME(S)OF SIGNER(S) ® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALEXIS H.BRYAN Commission*1306736 WITNESS my hand and official seal. Notary Public-California i Orange County My Comm.Expires Jun 1,2005 01 SIGNATURE OF NO RY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ®1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 tREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY. a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation 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 Brebner bf Costa Mesa, CA their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof------------ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect This power of attorney is signed and sealed under the authority of the following Resolutio4 adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 30 day of January , 2001 7�� �m *i D��� N's '� W FUZEMAN'S FUND INSURANCE COMPANY co �:;' `'� ti NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY acn.awo I s z L: ASSOCIATED IIVDEMAII'I'Y CORPORATION e�<<*�'' Y'•.,, ",� , .*•� s'�* ��`� s +r�,e���fc AMERI UTOMOBILE INSURANCE COMPANY eo Met e° �.r,� ,►� STATE OF CALIFORNIASS. By ' COUNTY OF MARIN } Vice-President On this 30 day of January 2 0 01,before me personally came Donn R. Kolbeck to me known,who,being by me duly sworn,did depose and say: that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the 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 GAZZOU D COMM.ti12a2236 ,9 0.0NOT�NaLI AIFORNIA O Q Mr Cann APA ao,zoa STATE OF CALIFORNIA 1 SS. CERTIFICATE N b• COUNTY OF MARIN J I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors; set forth in the Power of attorney,are now in force. Signed and sealed at the County of Marin. Dated the 25 th day of June 12001 • • 366wLf:S OE/f.3.1970 a � •.�•• v t G'ANCt ee+�� J��y cel' 3��o a�°, Resident Assistant S ROAD IMPROVEMENT AGREEMENT Developer: Windemere BLC Land Company,LLC Effective Date: t 1 Development: RA 111 I I�XK,Y.14r SUA "19 TO Completion Period: 1 year Road: A- u 1 ) U? THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director Windemere BLC Land Company,LLC By: sC.y (signature) 1l I �1 (print name&title) t` � m RECOMMEND D FOR APPROVAL �►c e resident- t,c�>1r�at-F�cmes cF CA By: (signature) ^---- EngineeriClestman, ices (vision (print name&title) l7. O n L a r-Sc-n ( j:-0. �e hn at' FORM APPROVED: Victor County Counsel HaYvte-s C �- CF) n� (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&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Conn "and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(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. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provideA security to the County: © C } A. For Performance and Guarantee: til i00s0Qas�h,plus additional security,in the amount of$j 1()9'0tyii�ch 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$552.550.00,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. Y � , The guarantee period does not apply to road improvements for private roads which are not to be accc,..cd into the County road system. 5_ PLANT E3TABLiSHMENT WORX. Developer agrees to perform establishment work for landscaping installed under this agement. Said plant cs-rabGshruent work shall conrixt of adequately watering plants,replacing unsuitable plants,doing weed,rodent and othcrpest control and other work actcnnined by the Public Works Department to be necessary to insure establishment of plants, Said plant establishment work shall be performed fbr a period ofone-year rrom and attar the Board of Supervisors accepts the work as complcic. 6. IMPROVEMENT PLAN WARRANTY, Developer warrm,u the improvement plans for the work are adequate to accomplish the work as promised in Section 2 ana as required by the Conditions crApproval 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 arc necessary to accomplish the work as promised. 7. NO WAIVER BY COITNTY. Inspection of the work and/or materials,or approval 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 w1tolc or any pan of said work and/or materials,orpayments,therefor,or any combination or all of these acts,sball not rclicvo tho Developer orhis obligation to fulfill this agrcemerstas prescribed;nor shalt 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. a. 1t�1?BMN17Y: Developer shall hold barmless and indemnify the indemnitees from the liabilities as dermed in this section: A. The in emnitirs beaelirtcd and protected by this promise are the County,and its spbeial district,elective and appointive boards,commissions, officers,agents,and employees. D. The liabilities prorcctcd against aro any liability or claim for damage of any kind allcpcdly suffered,incurred or thrcatened 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 pians or accepted the work as complete,and including the defense of any suit(s).action(s),or other proeeoding(s)concerning said liabilities and claims. C. The actions cinisinallabili�yt+arc any actor omission(negligent or non-negligent)in connection with rho mattters covered by this Agreerueut and attributable w the Developer,contractor,subcontractor,or any officer,agcnr,or employee of one or mora of them: D. Non__C_Q1ditions: The prop iae and agreement in this section are not conditioned or dependent on whether or not any indeulnitcc has prepared, supplied,or Approved any plan(s)or specifrcation(s)in connection with this work,or has insurance or other indemnification covering any of these mutters,or that the allegcd damage resulted partly fort any negligent or willful misconduct of any Indemnity, E. 1. Windcmere BLC Land Company LLC("IILC")shall indenintify,dcrend and protect Contra Coda County("County")and the Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims.costs,losses, liabilities,damages or other expenses(including anornoyr foa8 and expenses),to the fuilect extent not prohibited by applicable law,arising out of or allegcd to arise out of BLC's activities under Section 5(c)of that certain"Suppdemcnt to Cooperation Agreement,"dated June,2000,by and between BLC and Shapell.Industries,Inc. ("Shapeli')including,without limitation,any claim, cost loss.liability,damage or other expanse arising out of any action or other proceeding brought by Shapcll against County or District in connection with any act approval or other requirement of County or District in connection with BLC's activities unoer ate aroremcntioncd Supplement to Cooperation Agreement. 2. BLC's obligations under Section i above shall exist regardless of concurrent negligence or willful misconduct on the pari 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 any claims,loasca, liabilitioa,darnagea or other expensca are attributable to the negligence or willful misconduct of County or District in maintaining or repairing iniprovemeots 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 thereof and rcl000ting existing utilities required thereby. I0, NOP(-PERFORMANCE AND COSTS;If Dovcloper fails to complete the wort:within the time specified in this Agreement,and subsequent extension$,or fails to maintain the vrork,the Cooary may proceed to complete and/or maintain the work by centred 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 tinder this Agreement ar to recover costs incurred in completing or maintaining the wodc,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. 1NC0RPQRATl0NItANNB?CATloN. If,before the Board of Supervisors accepts the work as complete, the development is included in territory incorporaiea as a city or is annexed to an existing oily,the County's rights under this agreement and/or any deposit,bond,or letter of ctcdit securing said rights may be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Dcveloper,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. TRIP G_\GrpDaulfiagSvciTcnVOOI\JUnelRA 1106-AG-24Aae Rev.6-29-01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California ss. County of On f:3.• before me, i �( C. '( )� �Ct,` E�J Ddie Name and Title of Officer(e.g.,"Jae Doe,Notary Putt.) �� l personally appeared �' I._ Ie- Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose name( is/are subscribed to the within instrument and 1t�aci r acknowledged to me that he/�/ttj�y executed rc \ Cornmiss cin ,, -4 Z Z " Notary Pub,:C-Cci,{crnia the same in his/h /t authorized aiamf da Countycapacity(i66), and that by his/_hW/t4efr MyCrnn.B-4Xf Nov19, J signature*_on the instrument the person($4,or entity upon behalf of which the person(' � Y P acted, executed the instrument. ) WIT ESS my hand and official seal. l 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: 1 I Document Date: Number of Pages: i Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual M. I Top of thumb here ) ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ) ❑ Other: Signer Is Representing: I l ©1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I k State of California County of O 'i l_ (�L'S! ss. On w Lu Bi ACC before me -r4,f.� t Date Name and Title of Officer(e.g.,"Jane Doe,Notary P blic") personally appeared Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s� whose name("*_.is/aT,d_ subscribed to the within instrument and T R A C I R. RAN nt-i acknowledged to me that he/stWLth*executed ? Commission# 1242394 Notu►y Public-Cai forma �> the same in his/h_0tAhe� authorized L ip'. a r ... A;am!�c1a County capacity(ieand that by his/W.tha#£ ' MfyComm.&#T_-sNov 19,MM signature( on the instrument the person(q,.or the entity upon behalf of which the person(k acted, executed the instrument. i WITNESS my hand a official seal. Place Notary Seal Above Signature oft 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: i Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: M. ❑ Individual ElCorporate Officer—Title(s): Top of thumb here ❑ 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