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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-181 CMTRA COSTA Co Recorder Office �' STERN Z. 11IR Clerk- ecfrde Recorded At the request at: DOC- 200 --0 2 37'202-00 Contra Costa County Wednoofty,, MAR 26, 2003 06:34:60 Public Works Department i=RE Engineering services Division Return to: Ttr g gg 1 Pd $0.08 Nbr 1398876 Public Works Department Engineering Services Division Ire/RS/1-14 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 25, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACS ' RESOLUTION NO. 2003f__I$1 __--.-- SUBJECT: Accepting completion of improvements, approving Road Improvement Agreement for warranty period and declaring a certain road as a County road for Point of Timber Road for Road Acceptance 1100 (cross-reference Subdivision 8023), Byron area. (District III) The Public Works Director having notified this Board that the improvements for Road Acceptance 1100 (cross-reference Subdivision 8023) being developed by Hofmann Land Development Company have been completed and that such improvements have been constructed without the need for a Road Improvement Agreement, The following Road Improvement Agreement with Hofmann Land Development Company was presented for Board approval for the warranty period for Road Acceptance 1100(cross-reference Subdivision 8023). PEcw I hereby certify that this is a true and correct copy of an action 0:1LirpData\En$Sve"Bo1a00313-25-03\RA 1100 130-42.doc taken and entered on the minutes of the Board of Supervisors on ort&ater: Public Works(Ps) the date shown. Contact: Rich Uerty(313-2348) cc: Public Wortw Accountiag T.114 Construction M ' (w/Ptst) ATTESTED. MARCH 25, 2003 _T_ 3-25-04 Recorder(via Clerk},then section JOHN SWEETEN,Clerk of the Board of Supervisors and County CSAA-Cartog Administrator CHP,oto Al Sheriff-Patrol Div.Consrande° Hofrm=LAI d Development By _ Deputy 1380 Galaxy way Concord,CA 94522 St.Paull Fire and Marine Insurance Company 2552 Stlnwell Dritw Concord,CA 44520 RESOLUTION NO.2003/ 181 SUBJECT: Accepting completion of improvements, approving Road Improvement Agreement for warranty period and declaring a certain road as a County road for Point of Timber Road for Road Acceptance 1100 (cross-reference Subdivision 8023), Byron area. (District III) DATE: March 25, 2003 PAGE: 2 Said document was accompanied by security to guarantee the completed road improvements, as required by Title 9 of the County Ordinance Code, as follows: I. Cash Bond Performance Amount: $4,800.00 Auditor's Deposit Permit No. DP 401184 Date: February 27, 2003 Submitted by: Hofmann Land Development Taxpayer identification number: 68-0419482 II. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Co. Bond Number and Date: ST8711, February 12, 2003 Performance/Maintenance Amount: $71,535.00 Labor&Materials Amount: $238,450.00 Principal: Hofmann Land Development NOW, THEREFORE, IT IS RESOLVED that said Road Improvement Agreement is APPROVED. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that the improvements have been COMPLETED as of March 25,2003,thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT SURETY March 25,2003 St. Paul Fire and Marine Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$238,450.00 Bond No. ST8711,issued by St.Paul Fire and Marine Insurance Company,be RETAINED for the six month lien guarantee period until September 25,2003, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the widening of Point of Timber Road is ACCEPTED and DECLARED to be a County road; the right of way was conveyed by separate instruments, recorded on October 6, 1976,in Volume 8044 of Official Records on pages 750, 752 and 754. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$4,800.00 cash deposit(Auditor's Deposit Permit No.401184,dated February 27, 2003) made by Hofmann Land Development and the performance/maintenance surety for $71,535.00, Bond No. ST8711, issued by St. Paul Fire and Marine Insurance Company, be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released by this Board. RESOLUTION NO. 2003/181 � CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT' State of Q—cXV0K N1tl OPTIONAL SECTION Cotmty Of CAPACITY CLAIMED BY SIGNER On d 0. before me, . - Though statute does not require the Notary to fig In Trrlat o a o,• WK AR the data baron,doing se may prove Invaluable to personally appeared Ck persona relying on the document. 0 INDIVIDUAL fly known to me-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the (s)whose name(s)it/are sub bed to the within instrument and WLSM acknowledged to the that he/she/they executed 0 PARTNER(S) 0 LIMITED the same in hisvIter/their authorized 0 GENERAL capacity(fes),and that by his/her/their p ATTORNEY-PN-FACT D. PANTELES signature(s)on the instrument the peraott(s)or 0 TRUST S `omm.f 1296585 the entity upon behalf of which the person(s) 0 GUARDIAN/CONSERVATOR TEB(S) ONSBRVATOR Vi!Aar OusLIC•CALIFORNIA acted,executed the Instrument :;'ntrs Costs County 0 OTHER; Lamy",omm Expose Match 9,2006 t.,,ii J my hat d and seal, SIGNER IS REPRESENTING: t NAM OF rItM"S)Olt srrtrrv(DM) SIMATUM a N�OTAR OP'T'IONAL SECTION THIS CERTMCATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document W parsons relying on the document and could prevent 5audulent Signer(s)Other Than Named Above re•attw1unent of this form 1N6STRUCTI NS TO NOTA_f?Y The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR A] 919NA31 -The name and interest of the signer should be typed or printed BBt ATH the signature. 7'he name must be signed exactly as it is typed or printed. II. &%j TURFS FOR INDIVII711ALS-The name must be signed exactly as it is printed or typed. The signer's interest in the arty must be stated. M. §LQH4=M FOR PARna=S - Si party must be either a general partner or be authorized.in writing to have the authority to sip for and bindthe partnership. IV. SLWAU=FOR CORPORATIONS Documents should e s gn y two 0 cera,one from each of the following two groups: GROUP 1. {aj The Chair of the Board tibc)}The President Any Vice-President GROUP 2. a The Secretary An AssistaTrt Secretory c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy, of a resolution of the Board of Directors authorizing the person s' ' g the Instrument to execute instruments ofthe typo in question 18 required A currently valid power of attorney,notarized,will sufflce. Notarization of only one Corporate signature or signatures from only one up,must contain the following phrase: "...and acknowledged to me t such corporation executed the withia' t t to its by-laws or a resolution of its Board of M W= ?&TAWMData WARD PORI MR?=NOTARY.doe COUNTY OF CONTRA COSTA t 14 L OD DEPOSIT PERMIT CIFME OF COUNTY AUDrrOR-CONTROLLER TO THE TREASURER: MAMNEZ,CAUFORNLA RECErM FROM ORGAMZATION NUMBER i (Far Casts Couc"on f'mcerlexe s aso Cow*y Adrninistratrir's kaom 105) DESCRPTION FISC /0RQ ACT TASK ACTIsm VITY AMOUNT 5 3 � c OC) 0 S 164 Icy i TOTAL , Vy� I 2!N`M, V, i r r i } I i t I r I I r e r r r r ,� * � Deposit�c fis of the fallowir� C 'wxt CURRENCY $ k0l,ETC, $ MANIC DEPCISI'I'S RM AUt rOR-CONTR MER USE OMY MIMI PERMIT DP 4 DATE EER 401 s - 2"W/ ASWNED The anoex*of money deviked above is for Traosueer's reteipt of above eimou' is opprow+d . Rec4t of ob,"omotK*is hereby &po*unto the-County T aci<"r,"ierlRe d �_. �— eVv�.-L,' tit.: � • TMc. . 7' xT, CouMy Treosnxer D-34 MY(7-93i rii .819800-0800: 61115498, $2,5W.00,5W.00, Cash Bond for Flood Control Permit 617-99, LFR Levine Fricke, 1900 Powell Street, 12th Floor., Emeryville, CA 94608 819800-0800. 61115500, $1,000.00, SUB 8166 Cash Bond for 5 Year Improvement Warranty Agreement, Hofmann Land Development Company, Inc., 1880 Galaxy Way, Concord, CA 94520 819800-0800: G1115501, $LOCK} , SUB 8167 Cash Bond for 5 Year Improvement Warranty Agreement, Hofmann Land Development Company, Inc., 1380 Galaxy Way, Concord, CA 94520 819800-0800. G1115502, $4,800,Q0, RA 1100 Cash Bond for Road Improvement Agreement, Hofmann Land Development Company, Inc., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1115503, $1,001 .00, RA 1120 Cash Bond for Road Improvement Agreement, Hofmann Land Development Company, Inc., 1380 Galaxy Way, Concord, CA 94520 0006499665 / 831000: G1115499, Shea Homes (Northern California Division), 2580 Shea Center Drive, Livermore, CA 94550 $93260.00, SUB 7562 Improvement Plan Review 160.304.00, RA 1145 Road Acceptance Review 000682-9752 / 819200: 61115572, 812 XJ, Dougherty Road Maintenance Fee (COA), Brookfield Homes, 5960 Inglewood Drive, Suite #200, Pleasanton, CA 94588 f Bond No.: ST8711 Development: Premium:$2,146.00 iwRovElY!`m SEcuRiTY B©ND FoR ROAD lmmowmm AGREEMENT (Performance,Guarantee,and Payment) (California Government Code§§66499-66499.10) 1» RECITAL of RoAD iMPitovi mmNT AmEl4 m: The Developer(Principal)has executed an agreement (Road. Improve meant Agreement) with the County to install and pay for street, drainage and other improvements on,or along Point Of Timber Road(RA1100} Ao complete said work within the time specified for completion in the Road hnprove me nt Agreement,all in accordance with State and local laws and rulings. 2. ODUG3ATioN: Hofmann land Development Company ,as Principal and St.Paul Fire AW Marine Insurance Gamaar Ix corporation organized under the laws of the State of Unnasata and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance.§9's ,wty One Thousand Flve undyed Thi t.Ebm grid 02J1QOths!***' 5=r`1--�.— Dollars($, for itself or any city assignee under the above County Road Improvement Agreement,plus B. payment:Two Hundred ThLrty Eight Thousand Four Hundred Fifty and noll00ths'*'"" Dollars($. ,5 *** )to secure the claims-to which reference is made in Title: 15 §§et seq.of the Civil Code of the State of California. 3. COMMON: A. The Condition ofthis obligation as to Section(2.A.)above is such that ifthe 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 respect's 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, CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On February 19, 2003, before me, Sandra K. Curran, a Notary Public in and for the State of California, personally appeared, A. T. Shaw, proved to me on the basis of satisfactory evidence 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(s), or the entity on behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal SANDRA K. CURRAN , 10- 1* Comm.11196679Si nature NOTARY PUBUC•CAUFORM1A V)Coma Coote C Comm.Exor"MIZ 9.2405 ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrirrrrrrrrrrrrrrrrrrrrrrrrrrrx Reference: Improvement Security Bond for Road Improvement Agreement Bond #ST8711 (Point of Timber Road RAI 100) Date: February 19, 2003 Pages: 2 V� 8t Pad Pm and Maim Dams Compotl OW*Ww y and Ga warty Compsmy 9i.Psai Gasdran tmw ome Comopaa w Bl d ty stud Gawamty hsaramm Compow SL Pad Marsary Ia.ww"C=Mpsw nbeft amd Gemaley lea nme uMWW%K%ha: Sembowd Swf4 dot Pad Madfa+d Liahft lmwawe Compow. Bond No. sT8711 RIDER CONTAIlti1ING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice Is required by the Terrorism Risk Insurance Act of 2002. No action is required on your part. This Disclosure Notice Is incorporated in and a part of the attached bond. You should know that, effective November 26, 2402, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Terrorism Risk Insurance Act of 2042. Under this formula, the United States reimburses 80% of covered terrorism losses exceeding the statutorily established deductible paid by the Insurance company providing the coverage. There is a cap on our liability to pay for such losses If the aggregate amount of Insured losses under the Act exceeds $104,000,040,400 during the applicable period for all Insured and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism Is IMPORTANT NATE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BOND THAT PREMIUM IS CHARGED ANNUALLY. SIGNED AND SEALED this i 2th,day of_February . 20.u. SURETY: [SEAL] St. Paul Fire and Marine Insurance Company Slgnatu Deborah Baker,Attorney-in-Fact POWER OF ATTORNEY Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power ofAttorney No. 23600 Certificate No. 1528657 ICNO W ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Contpany,St Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State ofMinnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of lova,and that Fidelity and Guaranty Insurance Underwriters, Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies'}, and that the Companies do hereby make, constitute and appoint Matthew J Dru m ight,Deborah Baker,James C.Jenkins,and Michael G.Mogan Concord California of the City of State ,the=true and lawful Attorney(s)-3n-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance ofcontracts and executing or guaranteeing bonds and undertakings or, rtted rlu.#ny actions or proceedings allowed by law. - 21 is November 2002 IN WITNESS WHEREOF,the Companies have caused this instxum srgue-29e �3'fiilr day ofIT , Seaboard Surety Company " Tilted States Fidelity and Guaranty Company St.Paul Fire and Marine InsurAptes Cort}ptiity =[¢ Fidelity and Guaranty Insurance Company St,Paul Guardian Insuraa"ce}t,I&tng" , .' Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Co ;A �� - .■ray, �� 1D27 �~ tMa� 1077 1161 PETER W.CARMAN,Vice President �srrar. �w� State of Maryland City of Baltimore THOMAS E.HUMREGTSE,Assistant Sectetaty on this 21" day of November 2002 ,More me,the undersigned officer,personally appeared Peter W.Carman and Thomas&Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St Paul Fire and Marine Insurance Company,St Paul Guardian Insurance Company,St Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. in Witise ss Whereof,I hereunto set my hand and official seal. My Commission expires the I st day of July,2006. Cal MECCA EASLEY-ONOKALA,Notary Public 86203 Rev.7-2002 Printed in U.S.A. State of California County of Contra Costa On Feb�y 12,29k3 ,before me„Mira J.Hicks personally appeared Deborah Baker. (Personally known to me-or-[Dproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same .L ISM in his/her/their authorized capacity (ies) and that by his COINI /her/their signature(s)on the instrument the person(s)or the �� entity on behalf of which the ons acted executed AMMOt the instrument. p ( ) y S my han=oci . „ eigia ofotary Public Though the information below is not required bylaw,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:11ofxnann Land FB for+Qi unty of Contra Costa RAI t 1111 Document Date.• 02/12/03 Number of Pages: 3 Signer(s)Other Than Named Above: Capacity(les) claimed by Signer(s) Signer's Name: []Individual E]Individual [ Corporate Officer []Corporate Officer Titles): Title(s): El Partner-[Limited[--]General 0 Partner-E]Limited QGeneral [--]Attomey_in Fact Z Attorney-in Fact [l Tri Trustee [❑Guardian or Conservator 0 Guardian or Conservator E]Other r��rr Other: Toporr Signer is Representing: Signer is eating: St.Paul Fire&Marine Ins.Co. Signer's Name: ROAD IMPROVEMENT AGREEMENT Developer: t a►' 4 Z, fj/9&✓ ..a�rtx,7�Co. _� i�Lar � Effective Date: Development: :SO4a6Yi S;P 4802,1.: Completion Period: I year Road: +a�no?C in�pl`RD a+ac �/Q�t I d O D THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA CQUNTY DEVELOPER : t40--Fp"a0A /_4,C01 Z>pvpl,00,�r�c`f' Maurice M.Shiu,Public Works Director By: (aisnatura) e r (Print name&tide) td►i�f'tt..�' i By: (ilQnatnfe? Gering Services Division (print new&tide) i Victor J.Westman,County Counsel (NOTE: All signattues to be acknowledged. If Subdivider is incorporated,signstmros must conform with the dasignated representative gmups pursuant to Corporations Code 5313.) 1. P,&&M&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County."and the above-mentioned Devol mutually promise and agree as follows concerning this development: 2. ZIPROVEIv B TS. 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. 1MPROVBMEN'F SECCTI??I v. Upon executing this Agreemen4 the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: S $00• O4 cash,plus additional security,in the amount of S 7/,.5 which together total one hundred percent(1401%)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check or cashiers check. _Z.._ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,tha Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment Security in the amount of s 2 .q5b• ro which is fifty percent($Oa/a)of the estimated cost of the work. Such security is presented in the form of Cash,certified check,or cashier's check o 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 5944.408 of the Ordinance Code. 4, 911A_RA.NI'EE AND WARRANTY OF VW Developer guarantees that said work shrill be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Hoard 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. 1?'LAt+IT,_,. MTABLISHMMNT 3Yd1 K Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment#work shall consist of atfe quawly 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. 6. IHMYBIT 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 W'AMR BY 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;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. 2MfMNI a: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indomitits 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 ofwhether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the wprk as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The ggd=causing liability are any act or 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. N n-Co ,i °ons: The promise and agreement in this section'are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plans)or specifications)in connection with this work,or has insurance or other indehnnification covering any of these matters,or that the alleged damage resulted party form any negligent or willful misconduct ofany Indemnity. 9. M: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. N j--P�, QM }MCE AND COSTS:If Developer bib 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 andlor 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 complie 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. INCORPQM=AX9M3TON. 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.ahall 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. CQNSM. MAMN. 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 GAGrpt}ata\HngSveiFomU\AG WORMAG-24.400 . Rev.April 6,2008