HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-222 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 27, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILUM, GREMERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.2004/ 222
SUBJECT: Approval of a Substitute Subdivision Agreement, Subdivision7998, San Ramon
area. (District III)
The following document was presented for Board approval this date:
A substitute Subdivision Agreement with Western Pacific Housing,Inc.,subdivider,whereby
said subdivider agrees to complete all improvements as required in said Subdivision Agreement
within one year from the date of said agreement,
Said document was accompanied by the following:
Security to guarantee the road and drainage improvements as required by Title 9 of the
County Ordinance Code, as follows:
a. Cash deposit (Auditor's Deposit Permit No. 423016, dated April 15, 2004 in the
amount of$32,886.00,made by Western Pacific Housing, Inc.
b. Additional security in the form of a corporate surety bond dated March 30,2004,and
issued by Safeco Insurance Company of America(Bond No. 6260526)with Western
Pacific Housing, Inc. as principal, in the amount of $3,255,714.00 for faithful
performance and $1,644,300.00 for labor and materials.
JD:rn
G:\GrpData\EngSvc\BO\2004104-27-04\SUB 7998 BO-24.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Frank Navarro(313-2264)
ID 954887164 action taken and entered on the minutes of the Board of
ccs Public works Accounting
Construction Supervisors on the date shown.
-
J.Dowling,Engineering Services
Western Pacific Housing,Inc.
6658 Owens Drive,Pleasanton,CA 94588 APRIL 27 2004
Attn:Craig Champion ATTESTED: r
Safeco insurance Company of America
2055 Sugarloaf Circle,Duluth,GA 30097 JOHN SWEETEN, Clerk of the Board of Supervisors
HCV&Associates,Ltd. and County Administrator
222 Kearny Street,Suite 550,San Francisco,CA 94108
American Motorists Insurance Company
7470 N.Figueroa,Los Angeles,CA 90041 By ,Deputy
Kimberly A.Travernier w4a*4/
c%Willis of Florida
6200 Courtney Campbell Cswy.,#300,Tampa,FL 33607
RESOLUTION NO.20041 222
SUBJECT. Approval of a Substitute Subdivision Agreement, Subdivision 7998, San Ramon
area. (District III)
DATE: April 27, 2004
PAGE: 2
All deposit permits are on file with the Public Works Department.
NOW THEREFORE BE IT RESOLVED that said substitute Subdivision Agreement is
APPROVED.
BE IT FURTHER RESOLVED that the Subdivision Agreement with HCV &Associates,
Ltd.,as approved by the Board on January 15, 2002,is TERMINATED,the improvement security
bond with American Motorists Insurance Company is EXONERATED and the Public Works
Director is AUTHORIZED to refund the cash deposit(Auditor's Deposit Permit No.379205,dated
December 24,2001)in the amount of$32,886.00,plus interest in accordance with Government Code
Section 53079, if appropriate, to HCV&Associates, Ltd
RESOLUTION N0. 2004/222
APR.27.2004 3:39PM CCC PUBLICWORT S$ff pg#LN►Tfr NQ.'fb
Of f4a tai COUN Y A IDITOR CC N C11G►f,LER
MAVINf 7,CAUMStf!►11A
1 THE TREASURER: r
CEI'VE0 FROM
ORG'AMATiOt+i NUMBER '
f Cash Cdiretian P=Wum are County Adtrirlislr0Wx Wktin 1011
SUL D�IPTICaN FUI�iDjt7f TASK N ACrNI!`Y AMDUI f
3 f99
&)4j
.54
A,jLaFf )
4J50 0
7g S
r.
9 "
{ 5 �
#
1 EXPLANATION" TOTAL
'DEPOSIT
E D sf:of the following Owns
bell)�f ���� Ccm� cv�R�Nt"Y $
& Lz (:;IfS 7 t&f- "NK WOWS ------
FOR AUWC*-00N'R 0 L£R USE OMYDeposrr
.
PEOM T
NUMBER
� A5S4�NED
Thw anvount of manly descr%ed sabcxt is for Tro"u w's mca}pt of above amount is approved Rrce pt of*berm amount is here iry
depatsit into the C"n.*y 7rrcEsvr?csi
Ll
TiN tf RX7 t:' ' 't Deputy County Auc*or d ospwy cmity`froasa ar
............................
APR. 7. # 3=QPM CCC PUBLIC : JSIT PMtT N4.967
OFCOUNrr AUDTTOR4:QNTR(XM ,
0 SHE TREASURER: .MAMEZ,.CAUFORN(A ="ti��
ECEil M FROM � .
ORGANRXATION NUMOR
t
(rat Cash CaleeAc ti Pn mwdurmc aims County Adminighutat"s tip WA 7054
DescmPTKaN Ft1Ni3101M TASK ACTIVITY AMOUNT
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EXKANAnON: TOTAL �S C
DEPOSIT
est ;f the folowing itwm
# C0414 and CUR VCY 3
COCKS,MGL ETC. 5
BANK pEPOSM
FOR At.1R.aM-CC'lINTRGLLER USE OKY
DEPOST
PRUOUT pp Y�CI�
NUMM
DATE
ASSCNE0
The at"Unt of money desenbed above is for Tma:wut's mosipt of above amount is approm'd R"Pt of nbaaa amount is hwaby
posit rola the Trnsury _. atiktserwiart0.d.,,�
* '
Trtt EXT: "F Deputy County Auditor' Y D3epuly County Tnmasumr
APR.27.2004 3:30PM CCC PUBLIC W 0 R K S _ .
NU.`Jba' H.4
819800-0800:&1123016, $SZ M6.99, 50 7998, Performance Cash Bond,
Western Pacific Housing, 6658 Owens Drive, Pleasanton, CA 94588
01649-9668 / 831000: 61123017, $j,Q&.00, MS 15-02, CCA Compliance
Check, Phillip t& Lori Wolfe, 6000 Tohnston RD, Pleasanton, CA 94588
0649-9665 / 831000: 61123020, $50,,C 00.00, DA 0030, Plan Check CR III,
Shapell Industries of Northern California, p0 Box 361.1.69, 100 N. Milpitas
Blvd, Milpitas, CA 95035
0649-9665 1 8310610: G1123021, $ PQ, DA 0029, Balance Hydrologics,
Inc, 841 Folger Ave., Berkeley, CA 94710
0649-9665 / 831000: 61123027, $ , Subdivision #'s
8571,8572,8577,8578,8579, Certificate of Correction Review, Hoffman
Land Development, 1380 Galaxy Way, Concord, CA 94520
ISSUED IN TRIPLICATE
,r
S1tbdJYWn: #7998
Bond No.t 6260526
TIvIPRoVEMENT SEcularrY BOND
rolaSi3wiviSIgN A(;R MENT
(Performance,Guuamtee and Payment)
(California Government Cade f$66499-66499.10)
Aoga=t The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and'other improvements in
Subdivision #7998 -'as specified in the subdivision agreement and to complete said work within
the tint specified for completion in the subdivision agreerwnt,all in accordance with State and local laws
and rulings therietrnder in order to satisfy conditions for filing of a final map or parcel map for said
subdivision,
2. UMI Western Pacific amino Inc __ as principal and
IREMMO Comoanv of America , a corporation organized and
existing under the laws of the State*Of washinaton _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:
Three Million, Two Hundred Fifty Five Thousand,
A. Per ormance $md CsuBmiatee: Seven Hundred Fourteen and no/100- - - - - - --- - - - - -
Dollars( 3,255,_714.00-_-_- - - - - - -_)for Contra Costa County or any city assignee under the
above County Subdivision Agreement.
B, ftyMent,One Million, Six Hundred Forty F21w Jkousgmt d. Three Hundred and no/100- - - DORM
($1,644,300.00.- - - - - - - - - - )to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. core amtiE
A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal,
or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and
abide by and well and truly keep and perform the covenants,conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city
assignee)its officers,agents and employees,as therein stipulated,than this obligation shall become
null and void; otherwise it shall be and remain in full force and effect,
As part of the obligation secured heroby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.$.) above, is such that said principal and the
undersigned, as corporate aunty, are held firmly bound unto the County;of Contra Costa and all
contractors,subcontractors,labotnrs,material men and other persons employed in the performance of
the aformald subdivision agreement and reforted to in the aforesaid Civil Code, for materials
furni shad,labor of any kind,or for amounts due under the Unemployment Insurance Act with aspect
to such work or labor and that said surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay, In addition to the
fact amount thereof. reasonable costs, expenses and fees, including reasonable attorney's fees,
incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,
to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement
therein tendered.
It Is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persona,companies and corporationss entitled to file clam underTitle 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to theist or their assigns
in any suit brought upon this bond.
Should the work under conditions of this band be fully performed,then this obligation shall become
null and void;otherwise it shall be and remain in full farce and affect.
C. No alteration of said subdivision agreement ment or any plan or specification of said work agreed to by
the principal and the County of Contra Costa(or city assignee)shall mlievo the surety from liability
on this bond;and consent is hereby given to make such alteration without further notice to or consent
by cher 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 the principal whenever
taken.
&Q=ANp Ila=on March 30, 2004
I"MCWAL: W ern Pacific Housing, Inc. SU,ETV, SAFECJ Insurance Company of America
Ac'ldress: 58 ens t Address: 2055 Sugarloaf Circle
City: P as 94588 City: th Zip; 3009'7
By: By:
Print Name: r--,l -b , nQ-til G .i Print Name' Kimberly R. Tavernier, Attorney-In-Fact
Clo Willis of Florida
Title: ,V Title: Attorney-in-Fact 6200 Courtney Campbell Cswy., #sea
Tampa, FL 33607
(813) 281-2095
f0ir�vi,�p
tlaSLf vdINcrrrA%N WORDIBN•17,dot
R,V,
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
On April 7,2004 before me,Wanda Lawrence, a Notary Public in and for said State personally
appeared Edward A. Galigher, personally known to me (or 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, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
WANDAIAWRENCE
CPSION 1304023
N071RV U$UC-CUOFN
A
ALAMEDA COUNTY
Wanda Lawrence euy=Mwm#"'MAY to.2QEl�
Notary Public -Commission No. 1304023
My Commission Expires: May 10, 2005
..... . ........ ......... .. .... ......... ....... ........ .......... ......... _.........
ACKNOW'LEDGEME'NT BY SURETY
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH I SS.
On this 30"' day of March, 2004 before me, personally came
Kimberly A. Tavernier, who is personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person who executed the within Instrument as Attorney-In-Fact
on behalf of Safeco Insurance Company of America, and
acknowledged to me that he/she executed the within instrument
on behalf of said surety company and was duly authorized to
do.
In witness whereof, I have signed and affixed my official seal on
the date in this certificate first above written.
Signature " a v A
Margare A. Ginem
OFFICIAL SEAL
MARGARET A.GIN
Notary Public State of Fiodda
comm.#DD 176583
Comm.Exp,Jan.8,2007
This area for Oficial Notarial Seal
_ ......... ......... ......... .. ...
.. ......... ._......._..._.........._.................. ......... ......... ......... .............._..
_. _.. _..... ......... ..........
SAFECO INSURANCE COMPANY OF AMERICA
S A F E C a POWER GENERAL INSURANCE COMPANY OF AMERICA
•• OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
No. 10171
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby
appoint
***********w*#w#w**wJAMES W.DUNN;DAVID H.CARR;KIMBERLY A.TAVERNIER;ANETT CARDINALE;LINDA J.MEYER;Tampa,F1onda####w###########w#ww##
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 13th day of September 2002
CHRISTINE MEAD,SECRETARY MIKE MCGANICK,PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V,Section 13. -FIDELITY ANIS SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-In-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws,and
(11) A copy of the pourer-of-attomey appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seat of the Company may be a facsimile thereof."
1,Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify,that
the foregoing extracts of the By-Laws and of a Resolution of the Hoard of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true
and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seat of said corporation
this 30'h day of March 2004
VC
MVM s
SEAL SEAL
1953 Is �--- ,
Gf of CHRISTINE MEAD,SECRETARY
S-0974/SAEF 2101 ID A registered trademark of SAFECO Corporation
0911312002 POF
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAFECO
Insurance Company of America, General Insurance Company of America, First
National Insurance Company, American States Insurance Company or American
Economy Insurance Company), it is our duty to notify you that the Terrorism Risk
Insurance Act of 2002 extends to "surety insurance". This means that under certain
circumstances we may be eligible for reimbursement of certain surety bond losses by
the United States government under a formula established by this Act.
Under this formula, the United States government pays 90% of fosses caused by
certified acts of terrorism that exceed a statutorily established deductible to be paid by
the insurance company providing the bond. The Act also establishes a $100 billion cap
for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses
on some or all of your bonds may be subject to this cap.
This notice does not modify any of the existing terms and conditions of this bond, the
underlying agreement guaranteed by this bond, any statutes governing the terms of
this bond or any generally applicable rules of law.
At this time there is no premium charge resulting from this Act.
...
1.2W4 2 t 25PM CCC PUBLIC WORK
NO.524 P.2 ,
r
SUBDIMSION AGREEMENT
(Government Code§66462 and§66463)
Strbdivtsiatt: _...- ZM Principal. � � *•� 1 7 C �c�.S�,M.t'
2#f-41-
Effective
°4Effective Date: L. ' 2-0z: Completion Period: l year
THESE SIGNATU'R&S ATTEST TO THI:,PARTIES'AGREEMENT HERETO.
�'O=A COST'ACMUTY PSS„OPAL
Maurice M.Shiu,Public Works Director
l
By: tsw+«w.t
98-COMMl MOD FOR AUROVAL
M-ix OWN 6aw►4,t ra A . G t42
$y; tsaawti)
F.gtgineering Services rfivision
EORM APPROYED: Victor Weshrian,County Counsel (NOfi6: Alt signatures to be acknovtltxlgard. if Principal it incorporstrd,
signatwcs must conform with the designated raprtset tativt groups pursuant to
Corporations Coda¢313.)
I. $A t7Afi . Effective on the above date,the County of Contra Costa,California,hereinafter called"�and the above-mentioned
Pdneinji,mutually promise and agree its follows concerning this subdivision:
2 tM1 Ol3A+tBNTS. Principal agree;to install certain toad improvatnenm(froth public and private),drainage improvcmencr,sighs.Sir=lights,
fare hydrants,landscaping and such other'improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as
reviewed and an file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Cods
(including future amendments thereto).
Principal shall complete said work and improvements(hereinafter called"Work")within the above completion period horn date hemi,as
required by the California Subdiviatan Map not(Government Code f$66410 and following)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 th accundet;and'where there
is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern,
3. 1MPPc_1Vti N8NT SH=T Y, Upon executing this agreement,Principti shall,pursuant to Government Code §66499 and the County
Ordinance Code,provide as security to the County:
A. P„gtcrarf gn 0 amntae: S Y If �r.,"�cash,plus additional security»to the amount:S �. J± -�
which together total ane hundred percent(100%)of the cued cost of the work. Such additional security is presented in the form of
Cash,certified check or cashiers check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees performance balder this agreement and maintenance of the work for one year after its completion and
at:ccptsnce sgainst any defective workmanship or materials or any unsatisfactory performance.
B. ftor_ayrnjntSecurity in the amount:S to .?s' ""'� which is fifty percent(5W.)of the estimated cost of the work
Such security is presented in the form of`
sh,ct ntficd check,or cashier's check
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees payment to the contractor,subcontractors and to parsons renting equipment or furnishing labor or
materials to them or to Principal. Upon acceptance of the work ag complete by the Board of Supervisors and upon request of Principal,the atnourit
securities may be reduced in accordance with §94-x.406 and§94-4.408 of the Ordinance Code.
i.2004 1: ,.
35PM CCC PUBLIC WORKS
t'0.524 P.3
4, ()UAA&b=AI+iD'41V'ARR.tN'i"Y`91 EM. Principal guarantees that said work shall be free from dafeots i i rnuetial or worlonanship and
shall perform sa ddactorily for a period of one(I)yea froth and of for the Board of Supervisor;accepts the work as comphnte,in accordance with Article,
964.6,'Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work.
11he guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system.
5. >LANTUTABLIA=NTW= Principal agrreas to parform establishment work for landscaping insaailcd under this agrecrsunt Said planet
establishtzwnt work shall'consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent an4 other past control and other work
determined by the Public Works Depatta mt to be necessary to insure establishment ofplarits. Said plant establishma tat work shalt be performed for a
period of one(I)year from and after the Hoard of Supervisors accepts the work as complete.
6. MPBOVANEW-PLANW&RAM. Principal warrants the improvement plans for the work arc adequate to accomplish the work as
ptotnised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors anccepta the work
as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any inspect,Principal shat!make whatever changes
necessary to the plains to accomplish the work as promised.
7, NC WATYU#3Y CQ_TjNTY. Inspection afthe work and/or materials,or approval ofwork and/or materials or sWernent by any officer,agent or
employee of'the County indicating the work or any part thereof oomplieswith the requirements ofthis Agreement,or acceptance of the whale or any part
of said work axndror materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of tyre obligation to fulfill this
agreement as prescribed;not shall County be thereby stopped from bringing any action against Principal for damages Wising from the fl;ilurc to comply
with any of the terms and conditions hcreoG
g. IIVIwtPh42ti'f'Y c Principal shall hold harmless and indemnify the inderrpritecs from the liabilities as defined in this Rection:
A
The jar ifeg benefited and protected by this promise are County and County's special district,elective and appointive boards,
commissions,officers,agents and employees.
8. Thelish—Riti protected against am any liability or claim for damage of anykind allegedly suffered,incurred or threatened because of
actions defined below and including personal injury,death,property damage,inve=coridermation,or any oorabinarion ofthese and regardless ofwhether
or not such liability,claire or damage was unforeseeable at anytime before County reviewed said improwernont plans or accepted the work as complete and
including the defense of any suit(s),scrioa(s),or other procceding(s)concerning said liabilities and olairns.
C. The tctisrrrs acus#ne li bility are any act or omission(negligent or non-negligent)in connections with the matters covered by this
Agreement stud attributable to Principal,contractor,subcontractor,or any offircr,argent,or employee of one or mare of thein;
D. Non-conditixmr The pronrrise and agreement in this section are not conditioned or dependant on whether or cot any Indemnitee has
prepared,supplied,at approved say plan(s)or specifrcatio*s)it%connection with this work or subdivision,or has insurance or other indemnification,
covering arty of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct sof any Indermntry,
9. fivS: principal shall pay when due, all the costs of the work.including inspections thereof and m1ocation of Rauisting utilities required
thereby.
10, 91VH,YS. Principal shall set and establish surrey tmonumcnu in accordance with the filed map and to the satisfaction of the County Road
Commissioner-Surveyor before acceptance of any work as complete by the Hoard of Supervisors.
it. N t t-P $,FQ t�CS�NQ COSTA:If Principal fails to complete the work within the time specified in this agreement,and subsequent
extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay
all costs and charges incurred by Comity(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon
demand.
Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds
to complete:and/or maintain the work.
Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County,even if Principal
subsequently complete;the work.
Should County sue to compel perfomance under this agreement or to recover costs incurred in completing or maintaining the work,Principal
agrees to pay all attorney's f and all other expenses oflitigation incurred by County in Connection therewith,even if Principal subsequently proceeds to
complete the work.
12. INCQ$PQMTI NANN ATjQb If.before the.Hoard of Supervisors accepts the work as complete;the subdivision is included in territory
incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond,
or letter of credit securrittg said rights shall be tray aferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against
Principal,who shall fulfill all the terms ofthis agreement as though Principal had contracted with the city origt'ttally, 71C provisions ofparagraph 8
(Indemenity)shank continuo to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. R QQED W. In consideration hereof,County shall allow Principal to file and record the final reap or parcel reap for said subdivision.
ar„toa66
rrrGfpDaal&ysverrerrsuG WORMAC.30 doe
tier, rx{neo xs.satrn
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_. .....................................
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
On April 7,2004 before me, Wanda Lawrence, a Notary Public in and for said State personally
appeared Edward A. Galigher, personally known to me (or 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, or the entity upon behalf of whichthe person acted,
executed the instrument.
Wrf NESS my hand and official seal.
rJOWANDA 10NOTARV
LAWRENCE
COMMISSION 1304023
PURUCtAUFORNIR
Wanda Lawrence AL"DA COUWr
Notary Public - Commission No. 1304023
My Commission Expires: May 10,2005
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
On April 7, 2004 before me, Wands Lawrence, a Notary Public in and for said State personally
appeared James D. Gillette, personally known to me (or 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, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
COMMISSM t304402
NOTARY PUBUC-QWFOFWA
ALACOUNTY
Wanda Lawrence
emy mmissim IVL M►y 10.!:1
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Notary Public-Commission No. 1304023
My Commission Expires: May 10, 2005