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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-175 J ' THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 26, 2002 by the following vote: AYES: Supervisors Gerber, Uilkema, Glover and Gioia NOES: None ABSENT: Supervisor Mark DeSaulnier, District IV ABSTAIN: None RESOLUTION NO. 2002/ 175 SUBJECT: Approve Subdivision Agreement (.Might of Way Landscaping) for SUB 8002 being developed by Shapell Industries of Northern California, Danville area. (District III) The following document was presented for Board approval this date for, SUB 8002 located in the Danville/Tassajara area. A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of Northern California, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $4,196.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 382773, March 7, 2002 T /cw I hereby certify that this is a true and correct copy of an Originator: public orks E S) az\st�s saoz so-16.aoc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Ric(313-2363) Supervisors on the date shown. cc: Pubic Works- T.Bell,Construction Current Planning,Community Development T-01/26/03(PI) ATTESTED: March 26. 2CQ2 Shapell Industries of Northern California -- 100 north Milpitas Blvd. JOHN SWEE'T'EN,Clerk of the Board of Supervisors and Milpitas,CA 95033 County Administrator Att.Steve Savage&Sam Worden American Casualty Company of Reading,Pennsylvania 21650 Oxnard St.,#600-4 Woodland Hills,CA 91367 By Deputy RESOLUTION NO.2002/ 175 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for SUB 8002 being developed by Shapell Industries of Northern California, Danville/Tassajara area. (District III) DATE: March 26, 2002 PAGE 2 II. Surety Bond Bond Company: American Casualty Company of Reading Pennsylvania Bond Number and Date: 929206143,February 28, 2002 Performance Amount: $419,600.00 Labor&Materials Amount: $209,800 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/175 LL�tJiV E( A-11'%-VNiICA LVJEA +°f DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER + TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (Or@nnim4ion} t t Lia, 06 taxa (For Cash Collection Procedures see County Administrator's Bulletin 145.) DESCRIPTION FUND/ORG, Sulk TASK OPTION ACTIVITY AM0JNT ACC441-1 -rl� a - 1/,/0�; i 1111 t I 1 i • 3 } i i i Ir i 1 i i i i 1 I E i i 4 EXPLANATION: ,+ TOTAL 6 DEPOSIT I 1 Deposit consists of the following ite COIN and CURRENCY $ > " CHECKS,M.O.,ETC. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D DATE NUMBER 382771 "110 7' 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 acknowledged. til [}ata ° (i tt Signed. Tit1e•v }t EXT ty C Itor ty County Treasurer D-34 REV.(7-93) s�✓ Y 000 -aO 0 .CO CO E C D C (n C4 ON 0 4- o C) ' cos 00 � � Apr t- tc', r_ C> � : � > �j CYC t3 } O +- to n. to 0% CL z 00 Lo > o w tin w � �' 00 v, o© r cv .o w C. ,C .0 E � .p 1.10 CL � � t� 0 w 0 v� +- �_- 0 V) O N v> tet' w; n- 0 �' ...� d" C) �_- 0\ '3 00 0 0 0 � o H 0 -j 0 0 00 H c V) 0\ 0 Subdivision: Tract 8002 - Wendt Bond No.: 929206143 Premium: $1,469.00 IMPROVEMENT SECumy BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Govennnent Code Sections 66462 and 66463) 1. ft rrAL off'SUBDr moll,AGREgmn: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivisions Tract-eo02 ILbndt as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion ixt the Subdivision Agreement(Right of Way Landscaping), ail in accordance with State and local laws and rulings thereunder in order to satisfy Conditions for filing of the Final Map or Parcel leap for said Subdivision. 2. QJJJ ,&JJ0 : Shapell Industries of Northern Califomia.A Division of Shapell Industries Inc. ,assPfir#xd,antd American Casualty Company of Reading Pennsylvania ,a Corporation organized existing under the laws of the State of PA ,and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves,our heirs,executers, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee; Four Hundred Nineteen Thousand Six Hundred Dollars and 00/100 Dollars($. 419,600.00 _ )for itself or any city assignee under the Above County Subdivision Agreement, plus B. Payment; Two Hundred Nine Thousand Eight Hundred Dollars and 00/100 Dollars ($ 209,800.00 )to secure the claims to whichrefexice is 7n in Title XV (conmnencing with Section 30$2) of'Part 4 of Division III of the Civil Code of the State of California. 3. Calms mom# A. Tse Condition of this obligation as to Section 2.(A) above is such that if the above bounded Princ4ml, -.s -)r its heirs, executors, adrnististrators, successors or assigns, shall in all things wind to and abide ' . wd well and truly keep and perform the covenants, conditions and provis.Jns in the said ia-,emrnt and any alteration thereof made as therein provided, on is or its part, to be kept and i,-r`onned at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shalt indemnify and save harmless the County of Contra Costa (or city ipee), its offixers, agents and employees, as therein stipulated, then this obligation shall become null and void;otherwise it shall be and reinain in full force and effect. 1. 1 ": ! t1 ` . c{ 't t`. , 4 .14 1 G4# ._ Y • 1• -tt t' t • 1:+� � � � R" Et • wwt 1 9 :t ,• t . 4' t. t 7 # t/ � tl; f t." .M t :R t f it t a41 tl .. :^�. � • i � 1 t • � { 1' 't t Ir{ � f.' f { t { 1 M t : f R 1 f t : t• 1 / 1+ " It If f :I t t` Ila 40 1 t` t tt / R 4 1# l • • 1' i t i . t; • 1 4 t !• : t f{ / : R'` t : 4• • Ir" .1 1 Rif • e• N t' t 1, t ' :t, f 1. :ti:t «+ :t • A. 1 .# {R R t e. 1 1. _,R. • f{ * s11 ! al tl4 • • tR iU t f-' t tf ♦" /R'+t ;1. 1 3" • 1 "• {. i t• # 1 � f: `:t - iM. ". !. t• Ft �• t+ .1 '.t 11 t'+N `.It :M• '`. • 1 t-# t 1 t i 1./, ft ft/♦ +* if' :ttl { 1 -t 1.IIR1 1- W . .124 "{ # ► _ f" t t• i +. F.# t S ► • 1.' Its :t M • i f. t 1" :+f ! " f 1• • !-' 1 • IE • r.' R-. 1 It '.. .t ;rf !•:�' `t R i at^: I at t +1 �{ .{ - t :R • : i 1 41•#" t 11R ++1 I!? 1 t t w 1 �±t '� 1 � :t 1 t • t t 1 t � t f ct ! • 1"• 1 !' 1 t t111• . 1 S R<Ir• t F # { f • ; !.' % K• t R R `� R t - ! t 4 'J +•`:! t.'. • l ttl • •". 1 ,. t1 t {. Y t �.. :± *:r R. t t M-� * ! If: 1R t.' • .t1 !� 1 t f { /! •• 11 :Il; Ri .. i 1 "" R' t "• .;.• 1. 4 t i •# " � t i t' 1# • 4♦ t t 1• ! . • t 3 f# Y !.' !" ta." I 1 Sld • 1 # 1 � t1 1y. + �'1' " � � � Rt o♦ 11 r 1 s. s i• t - 11 f t .t # ftl • � s � .:: • 1F.70-0 - • r CALIFOR111A ALUPURP06111 XCKIKiililLWOUSM r ►soar State of Rf\-)k FIN minty of .P� On Februar r�28,2002 before trig, DATE pereonaily appeared Marie A. Cools r t %Ciz personaily known to me - OR w to be they person(s) whose name($) isi& . subscribed to the within Instrument and ac- knowledged to me that- fsh# executed the same in #her/th*r~ authorized capacity(Iss), and that by -hWher #retr— signature(s) on the instrument the person(s), or the entity upon behalf of which the ., ►ici=r.KRUSE person(s) acted, executed the Instrument. _ Commiaalon S 131 N97 Natsry Public-Califomia Sands Clara County [ �Mycorrm.Explre9&Q24,200:f/ WITNESS my hang and oftial seal. 'sur' �4 410" t11a or MGt'MY 0NAL 'P'i ouo"Mild!daft{ Is nil#raqu"d by law,ft ffw pmw v'aknble to an tttl►dOtiis"i*Mt and owk pmwt lnwd"nt rsat�lahc a t of this farm. CAPACITY"MED.BY SIGNER DESCRIPnON OF ATTACHED DOCUMENT 0 MMMLAL C1 CORPORATE OFRCER TIT1.9 OR TYPE OF DOCUMENT 0 PARTNER(S) 0 UMITED0 GENERAL �(!ATr Y-N-FAOT NUMBER OF PAGES TRUSTIEEM CI (mjAFvmNcoNsvwAToR C3 crit: DATE OF DOCUMENT NAAutritFlliA 0ii uFk1i'fM'��! SIGNER(S)OTHER THAN NAMED ABOVE 01M NAMNAL.NOTARY ASSCCIATM+$00 f'Nr+rws O AM.PA Mu 1184 0 CA"00 Pirie,CA 91WO-7164 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California ss. County of5 On___ ' C) 2— before me, - Oat ( Norris and TM of Officer(e.g..`Jane Doe,Fbt�v PubNc'� personally appeared �- b `t` M o Nama(e)of Stgnov) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ , subscribed to the within instrument and acknowledged to me that he/ executed the same in his/borir authorized E KRUSE capacity(les), and that by his/bo0heir =4Es Commission#131 da signature(s)on the instrument the person(s), or Notary Public-California entity upon behalf of which the person(s) Santa Clara County acted, executed the instrument. Mi Corrm Aug 24,2W5 WITNESS my hand and clal se Signature of Notary Pubft t i OPT 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 W e-0 0.7-- P,�C_�, C)-Z__ Title or Type of Document: �'i� 2.x.3 l:_7 Cu.Pti , Document Date: 2- 2-- Number of Pages: Ti Signers)Other Than Named Above: i Capacity(les)Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General t ❑ Attorney-in-Fact t ❑ Trustee [ ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Natlonal Notary Aeeodatbn•ON Oe Sato Ave.,P.O.Box 2402•Chatawodh,CA 91313-2402•www.natiomkiftry.org Prod.No.5907 Reorder:CaN TblWree 9.800-978.8827 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CON'TINENT'AL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE . COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pgnrmyf4wft corporation(hereat collectively called'the CCC Surety Companies',are duly organized and mdaft=Witions haft their principal aft"in the City of Chicago,and Stade of lifano*and that they do by vkhm of the she and seals herein afffaced hereby make,constitute and appoint ....._ . ..., Marie A.Cook, In . ` 5f M"..CaNtx mi;% heir true and lawful Attomey(s)-in-Fact with U power aid authority hereby conferred to sign,seal and execute for and an thw behalf borWa, ndertaWngs and Cather rY Inrtrurnents of sanilar nature In Unlimited Anvxmft- nd to bind there ft reby as A*and to the same extent am N such instruments were signed by.a duty authorized ofllcer of their corporations and A the acts of said Attorney.pursuant to the authority hereby given are hereby ratlliad and wed. This Power of Attorney is rade and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reveres hereof, my adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCG Surety Companies have caused these presents to be signed by their Group Vice President and their orporate seals to be hereto affixed on this: 18th day of June 'fess CONTINENTAL CASUALTY COMPANY �! NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA o� S tell �` • Marin J.Cashion Group Vim Preskient ate of Illinois,County of Cook,sa: On this 18th day of June 1MB ,before me personally carne arvin J.Cashion,to me known,who,being by me duly sworn,dad deposo and say:that he resides in the City of Chicago,State of 1111nois;that is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument that he knows than Ws of said corpruadorea;that the ~to the said irmtrument are such corporate seabc;that they were so affixed pursuant to amity ,on by the Boards of Directors of said corporations and that he signed his n me thereto pursuant to Bice authority,and acknowledgee same to the act and dead tf said corporations. slotz My Coins!"on Expires March 6,2000 Mary Jo Abel Notary Public CER71FICATE I, MaryA. Ribikaavalds,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF RTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein ve set forth is stiff:in force,and further certify that the By-Law and Resolution of the Hoard of Directors of each corporation printed on the areae hereof are sal in force.In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations s day of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD cowmWe AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA SFJSI teal � e Mary A.Ribikawskis A3$kd ant Secretary 1/1197} Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the knowing By-Law duly adopted by the Board of Directors of the Company. r iXi� of Docurnerft Sewn 3.Appointment of Atmmeyin-fact The Chairman of the Board cd Dirsotirs,tier President or any Executive, Senior or Group Vies President may,from time to time,appoint by written certificates attornoys4n4a:t to act in behalf of the CornpaiW in the execution of policies of Insurance,bonds,undertakings and other obligatory innownents of like no".Such attoneys4t-fa4 subject to the limitationie' set forth in their respective cortiftates of authority,shall have U power to bind the Company by they signature and execution of any such Instruments and to attach the seal of the Company th erstm The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority pwAcusly given to any sftn *-kA1w t' This Power of Attorney is signed and sealed by facoimde under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 171h day of February,1593. `Rasoived,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be afted by facsimile on any power of aftmey granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be aftwd by facsimile to any certititate of any such power and any power or certificate bearing such facaimilr signature and seal doll be valid and binding on the Company.Any such power so executed and sated and certified by cortificato so executed and sealed shalt,with respect to any bond or undertaking to which it is continue to be valid and binding an the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA- This Power of Attorney a made and executed pursuant to and by authority of the blowing By-Lrw duly adopted by the Board of Directors of the Company. "Article Vi--Execution of ObUWans and Appointment of Attomeyds-Fact Section Z Appointment of Atbomey-in-fact The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from thine to time,appoint by written oe fact to act in behalf of the Coity in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such 'n-fact subject to the knitations set fortis in their respective cortiftates of authority,shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the seat of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of to following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be aflbded by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of thin Secretary or an A=hftnt Secretary and the sal of the Company may be attbded by facsimile to any certiifcato of any such power and any power or cortificato bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company! ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attomey is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. 'RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,ftom time to time,appoint'by written certificates,Attomays.4t-Fact to act in behahf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of trice nature. Such Aftmey in-Fad,subject to the Ikmilatioms set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President t an Executive Vice President any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorneyin-Fact` This Power of Attorney is signed and sealed by facsirnile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and halo on the 17th day of February,1993. 'RESOLVED:That the signature of the President,an Executive Vie President or any Senior or Group Vie President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,1993 and the signature of a Secretary or an Assistant Sscmtuy and the seal of the Corporation may be affixed by facsimile to any certificate of any such pourer,and any power or certificate bearing such facsimile signature and seal"be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificats so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) Subdivision: 8002 Effective Date: 3/26/02 Shapell Industries of Northern California, . Subdivider: a division of Shapell Industr'es,Inc. Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: C®NTR_A COST_ COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shlu, Public Works Director Shapell Industries of Northern California By: aIfUrd.c. Truebriage RECOMMENDED FOR APP .ROYAL: Asst. Vice President By: t Engineering Se i s sio (cftnwo&Ube) rk Westphal FORM APPROVED: Victor J. Westman, County Counsel st. Secretary (NOTE:AN signatures to be acknowiedged. If Subdivider Is Incorporated, signatures must conform with the designated representative groups pursuant to corporations code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County.of Contra Costa,California,hereinafter called"County,"and the above-mentioned Subdivides,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road Improvements(both public and private),drainage improvements, signs, street lights, fire hydrants, landscaping, and such other Improvements (including appurtenant equipment) as required in the Improvement pians for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and In conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§86410 and following),Ina good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shalt,pursuant to Government Code§88498,and the County Ordinance Code,provide as security to the County: A Ur Performance and Guarantee: $ 4,196.00 cash,plus additional security, In the amount of$ 41g%600. red which together totai one hundpercent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable Irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 209,800.00 which is fifty percent(50%)of the estimated cost of the work. Such security Is presented in the form of: Cash,certified check,or cashlees check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. Q AR6NTEE AND WARRANTY OF WORK. Subdivider 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. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road Improvements for private roads which are not to be accepted Into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement.. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the Improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be Inadequate In any respect,Subdivider shall make whatever changes'are necessary to accomplish the work as promised. y. NQ 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 Dart of said work and/or materials,or payments,therefor,or any combination or all of these ads,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and Indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death, property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said Improvement plans or accepted the work as complete,and Including the defense of any sult(s),action(s),or otherproceeding(s)concerning said liabilities and claims. C The aggol causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them: D Nom nditi ns: 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 speclficatlon(s)In connection with this work or subdivision,or has insurance or other Indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any indemnity. 9. Q,Q : Subdivider shall pay when due,all the costs of the work,Including Inspections thereof and relocating existing utilities required thereby. 10. SUJ3 . Subdivider shall set and establish survey monuments In accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any worts as complete by the Board of Supervisors. 11. NQN-PE FORMANCE AND_COSTS: If Subdivider falls to complete the work within the time specified In this Agreement,and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges Incurred by the County(including,but not Iknited to: engineering,Inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,In the event the County proceeds to complete and/or maintain the work. Once action Is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs Incurred In completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation Incurred by County In connection therewith,even If Subdivider subsequently proceeds to complete the work. 12. t14CORPORAT N/ANNEXATI N. if,before the Board of Supervisors accepts the worts as complete,the subdivision is included in territory Incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. •kw:iap GAGrpData\FnoSvclFormslAG WORD\AG-30A.doc Rev.May 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California SS. , ) r County of �fyi R C�tc. '1 ,l On G ::2— before me,��f iV\ce---T, ate Nama end Tide of Of er(e.g.,"Jane Doe,Notary PubI I personally appeared is ( Narne(e)of Sly+er(a) f personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),—Ware subscribed to the within instrument and acknowledged to me that hatthey executed the same in hisftterltheir authorized I _ _ _ _ __ capacity(ies), and that by -W0;wAheir jANICE�,KRUSE" signature(s)on the instrument the person(s), or ( Commission#1318897 the entity upon behalf of which the person(s) Notary Public-California acted, executed the instrument. Santer Clan County MyCo"m EW=Aug 24,2t05 ITNESS my hand and offici I seal Signature of Notary Pubes J ._ I OPTIONAL Though the Information below is not required by taw,Jt may prove vakrable 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: �err\,L S 1P,GO� ,) ( Document Date: �2— 2 Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Titie(s): ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee [ ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Aasodation•9354 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 913132402•www.natWnainotwy.org Prod.No.6907 Reorder:CM Tb&Free 1.804$78-827