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Home My WebLink AboutRESOLUTIONS - 01012004 - 2004-363 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 13, 2004,by the following vote: AYES: SUPERVISORS OIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20104/ 36.3 SUBJECT: Approve the Drainage Improvement Agreement DA 03-00032,Windermere Phase III Mitigation Creeks A & K (cross-reference Subdivision 8508),being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Drainage Improvement Agreement DA 03-00032 Windemere Phase III Mitigation Creeks A & K (cross- reference Subdivision 8508), property located in the San Ramon (Dougherty Valley) area, Supervisorial District M. A drainage improvement agreement with Windemere BLC Land Company,LLC,principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement. Improvements generally consist of mitigation creek improvements. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Originator:Public Works(ES) \GMData�ngs SO\20aaroi-l3_aa�DA 0032 so-aa.ac ATTESTED: ..JnY 13, 2004 LT:nn cc: Pubic Works- T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County T—May 13,2005 Windemere BLC Land Company,LLC Administrator 3130 Crow Canyon Place,#310 San Ramon,CA 94583 Attn:Brian Olin Arch Insurance Company ., 135 N.Los Robles By Deputy Pasadena,CA 91101 Attn:Patricia H.Brebner RESOLUTION NO.2004/ 363 SUBJECT: Approve the Drainage Improvement Agreement DA 03-00032,Windemere Phase III Mitigation Creeks A&K(cross-reference Subdivision 8508),being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley)area. (District III) DATE: July 13, 2004 PAGE,: 2 I. Cash Bernd Performance Amount: $2,620.00 Auditor's Deposit Permit No. DP424912 Date: May 20, 2004 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-329-15-16 H. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU5007568 May 11, 2004 Performance Amount: $259,380.00 Labor&Materials Amount: $131,000.00 Principal: Windemere BLC Land Company, LLC NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/363 DEPOSIT PERMIT CtFFICE OF COUNTY AUDITOR-C \'. F MARTINEZ CALIFORNiAO� - I TO THE TREASIgtER: RECEIVED FROM ORGANIZATION NUMBER (For Goch C.allection Procedures we County Administnotor`s Bulletin 101) DESCRR'TICtN PUND/ORr- SUBLTASK OPTION ACTIVITY AMOUNT $ J�� •. r1 � f � L•t. ,J I [ -y16A, '(I• )"� r, C , It-//.e ` 4.'-V�`(,. 'i(; Lr' .:' ��..r` tiJC.J r 17 ( le l;. �c' i✓} n I i' J/ v k k r I� f r, art,.,�) r �. .rr'' +}i1 i J .�J J r�� I c.'�.+iJ�v✓(iJ . ,:7 �L^ ..^` A ... r'�! f 'I rJ ,.� '^7 tr�� ::I�•'.. ,.e' l,,,J ,-y; 3/fi, t c- -c i r r/t 1, t �. �•��r.ti..Kr r, I EXPLANATION: TOTAL $ t r, r I'i ✓1 i t C> J'/ ;( `l 7h / f _y�/ : f" 1 DEPOSIT. d , Deposit consists of the following items COIN and CURRENCY --�rrr v ,-- CIECKS;MO.,ETC:. y 'y-�/. 7 4 (t /r' BAW DEPOSITS $ FOR AUDITM-CONITROLLER USE ONLY DEPOSIT PERMIT DP NUMBER ASSIGNSA249-12-- The amount of money described above is for Treos insr'becPipt of ob orn9upt is approved. Receipt of above amount is hereby deposit into the County(Tanury. }��-!j� acknowledged 7 t` 1DotC 1" LEXT, Deputy County Auditor Signed; Deputy County Treasurer D-34 REV.(7-43) DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROL ; TOTHE TREASURER: MARTINEZ,CALIFORNIA r; RECEN'ED FROM ORGANIZATION NUMBER (For Cash CollectionProcedures we County Adrninistrator's BuOefin 105.) DESCRIPTION FUND/ORG. SUIL ACT TASK TION ACTIVITY AMOUNT ( r t t 1 i I 1 I - 1 ' t i i 1 1 1 I i 1 t 1 1 1 I 1 1 I I I i. PLANATION I I I I I I I I I j I I t I I f I I TOTAL $ DEPOSIT I Deposit consists of the following items COIN and CURRENCY $ CHECKS,M OQ ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP "t` -7/ NUMBER DATE 1 ASSIGNED ! The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby dfposit into the County Treasury acknowledged. TDI puty County Auditrx Deputy Treasurer Signect D-3d REV.(7-93) ". I 0649-9665 / 8310000: 61138846, $3.500.00, Sub 8776, Final Map Check Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon 'PI #310, San Ramon, CA 0649-9665 / 8310000: 61138847, $3.525.00, Sub 8777, Final Map Check Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 0649-9665 / 8310000: 61138848, $3.400.00, Sub 8778, Final Map Check Deposit, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 0649-9665 / 8310000: G1138850, $500.00, MS 00-00011, Inspection, Stephan P. Pinto, 1833 Kof man Pky, Alameda, CA 94520 0649-9665 / 8310000: G1138851,$10.000.00,50 1157,Improvement plan Review, Shapell Industries, 100 N. Milpitas Blvd., Milpitas CA 95035 0649-9665 / 8310000: G1138849, $1,690.25, MS 00-00011, Inspection Minor Sub, Stephen P. Pinto, 1833 Kof man Pky, Alameda, CA 94502 819800-0800: G1138630,$2,720.00, DG 0033, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 819800--0800: G1138645, $4,840.00, RA1137, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA 819800-0800: G1138647, $2.620.00, DG 0032, Performance Cash Bond, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon, CA EXECUTED IN DUPLICATE Development No: DA 0032 iCross-Ref SUB 8508) Baud. SU 5007568 Premium: $1,945.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVENfENT AGREEMENT (faithful performance & maintenance, A hQ labor and materials) I. OBLIGATIUN: Windemere BBQ I and C tn2any L.L.C. ,asPrinCipol,aW Arch Insurance CoMarc , a corporation organized and existing under the laws of the Mate of Missouri and organized and existing under the laws of the State of California,as Surety,hereby,jointly and severally bird ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it, A. Faithful performance,& Maintenance:Two Hundred fift Kline Thousaxwc.Three Hundred Eighty and OOt100 Dollars($ 259.380.00 ) for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor& Materials: One Hundred-Thirty One Thousand and 00!100 Dollars ($ 131 000.00 )for the benefit of persons protected under Title 15 § et seq. of the California Civil Code. 2, RECITAL. DE CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in DA 0032 (Cross-Reference SUB$508) , as specified in the Drainage Improvements Agreement,and to complete said work within the time specified in the Drainage Improvement Agreement for completion, all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for SUB 8508. `1Uindemere Phase III 3. CONDITION: If the principal faithfully performs all things required according to the terns and conditions of said contract and improvement plat and improvements agreed on by the principal and the County,then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the ane-year period; and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement,and protects the premises from claims of such liens,then this obligation as to Section t-(B)above shall become null and void;otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the county shall relieve any surety from liability on this bond; and consent is hereby given to make such alterations without furrher notice to or consent by Surety; and the Surety hereby waives the provision,of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken.,and agrees that if County sues on this bond, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. 3. CONDL[TON: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs, executors,administrators, successors or assigns, shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (car city assignee),its officers, agents and employees,as therein stipulated,then this obligation shall became null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. S. 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 Cosm 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 Ccs 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 IS(commencing with Section 3452)of loan 4 of Division 3 of the Civil Code,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 became null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plain or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2519,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on May 11, 2004 PRINCIPAL See Signature Block below SURETY CH INSILRAN,E CCW A.NY By See Below. By * arca re ner, Attorney-in-Fact AddresS 24800 Chrisanta Dr. , Mission Viej9�ddreSs 135 N. Los Robles Pasadena, -GA 21101 WINDEMERE BLC.LAND COMPANY, LLC, a California limited liability company By: LEIS-OBS WINDEMERE, LLC, a Delaw_axe limited liability company, its managing member By: LENNAR HOMES OF CALIFORN , INC., California corporation, its managing member David Evans, vice President *CA, 92691 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May,12, 2004 before me, Dina Printy, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. '`"' 7 Corfi10mitan#�1 d1i31,t0 MV: Ptd3Mc•C� ---~e MVCxyrnm. Naw2�1, 10J 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 forma CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. SU 5007565 Number of Pages: Two (2) Date of Document: May 11, 2004 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE A VOWLEDGMENT No.5907 State of Califomia County of Orange On ma 11, 2004 before me, Leigh McDonough,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.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/fuer/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LEIGH taMCDONOUGH Commission#1328674 Z Notary Public-California WITNESS my hand and official seal. Grange County - / A a ( A/ MY COMM.Expires Nov 5,20(25 SIGNATURE OF NOTA Y l U 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 ATTACKED 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 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having Its principal office In Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abel, Jeri Apodaca, Patricia H. Brebner,Alexis H. Bryan,Jane Kepner, Nanette Myers, Leigh McDonough, Mike Padzino,James A.Schaller, Rachelle Rheault and Ashley Ward of Irvine, CA(EACH) Its true and lawful Attomey(s)4n-t=act, to make, execute, seal, and deliver from the date of issuance of this power for and on Its behalf as surety,and as Its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings In pursuance 'of these presartts shall be as binding upon the said Company as fully and amply to an Intents and purposes, as If tie same tiart'b��di 1;.pxbWted and acknowledged by its regularly elected officers at Its principal office In Kansas City, Missouri. This bower of Attorney Is executed by authority of resolutions adopted by unanimous consent'of the Board of Directors of the Company on March 3, 2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board,the President,or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secre y shall have the power and authority to appoint agents-and attorneys-In-fact,. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company.on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it Is attached,shall continue to be valid and binding upon the Company. DOMLOO13 00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony Whereof,the Company has caused th#s Instrument to be signed and its corporate seal to be affixed by their authorized officers,this 1s_t day of March t Attested and Certified Arch Insurance Company +s+s MUM" nlu�rd ' Joseph S.U&WCor_porate SecretaryThomas P.LucdCskotne,Vice fares#dart# STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan,a Notary Public,do hereby certify that Thomas P.Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed.to the foregoing Instrument, appeared before me this day In person and severally acknowledged that they being thereunto duty authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of sold corporation and as their own free and voluntary acts for the uses and purposes therein set forth. MBJW9T7Gi+4l.,SIi1I. %I.WIt,Iidterp Ptrlec titesrof� t�ottt rlat 2A ZEXI5 My commission expires try I� -228.05 CERTIFICATION I, Joseph S. Labels, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Atttxrney dated march'1,2004 on.behalf of the person(s)as listed above Is a true and correct copy and that the same has been In fun force and effect since the date thereof and Is in fun force and effect on the date of this certificate; and I do further certify that the said Thomas P.Luckstone,who executed the Power of Attomey as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President.of the Arca Insures Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 11 th day of May* .20_24_, Joseph S ,Corporate Secretary This.Pointer of Attorney Units the acts of those named therein to the bonds and undertakings spelly named therein. and they have no authority to bind the Company except In the manner and to the extent herein stated. kWisi Home Office:Kansas City,MO 00ML0013 00 03 03 Page 2 of 2 Printed In U.S.A. ARCH Insurance Company ARCH surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety.percent(90%) of covered terrorism losses exceeding the applicable insurer deductible. DRAINAGE IMPROMEMENT A REEMN,ENT Subdivision: DA 0032 (Cross-li,eferencc SUB$50$) Effective Date: �!� Developer: Windemere BLC Land l ompanv.L.L. , Completion Period: I year WINDEMERE BLC LAND COMPANY LLC, a California limited liability Company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windcmere,LLC A Delaware limited liability company CONTRA COSTA COUNT'S Managing Member Maurice M.Shiu,Public Works Director By:Lennar Homes of California,Inc., Managing Member $y: (signature) RECOMMEND FOR APPROVAL {print name& t Don on,Mice President By: (signature) Engineering t ices Division (print nameAitle)4DatekCarpet—Secretary Fit,RM APPRQVED: Victor I.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) I. PAB IES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called" unto,"and the above-Warned Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant equipment)as required in the improvement plans 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). 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. 1 IMP&OVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. FQr Performance Guarantee: $ 2.120.00- cash,plus additional security,in the amount of$ 259.380.0.0 together total one hundred percent(1001/6)of the estimated cost of the work. Such additional 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 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. Far Payment: Security in the amount of$ 131.¢00. 0 ,which is fifty percent(SO%)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 of the 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(1)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. 5. IMPROVEMENT 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. 6. NO 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 part of said work and/or materials,or payments therefore,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. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are the County and its special district, elective and appointive boards, commissions,officers,agents and employees. B. The Iiabilities 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 suit(s),action(s)or other proceeding(s)concerning said liabilities and claims. C. The actions causing lia ility 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. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared,supplied,or reviewed any plan(s)or specification(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 from any negligent or willful misconduct of any Indemnity. E. 1. Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa 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 attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated.lune,2000, by and between BLC and Shapell Industries,Inc.("Shapell")including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part 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,losses,liabilities, damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements 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. 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby, 9. NON-PERFORMANCE AND COSTS. If Developer fails 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 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. 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 proceeds to complete 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. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty Valley MOu. RL:kw ',\PWS4\SHARDATA\GrpDatalEngSvc\FormsWG WORMAG-I 7.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County ofCsh t� `�7 t`� On r,)ODf before me, Lf=Jtiillt_1 t.i^s�` Y � Date Name end title at(7Xlcer(a.9.,"Jana boo,Notary public") personally appeared �bt� L� ft• 1� 1 Nama�of Signers) impersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-4s/are . 6. subscribed to the within instrument and .. KARCN L. KEENAN acknowledged to me that4teiel;ie/they executed Commission# 1378827 the same in Hsilh r/their authorized 1; ': u Notar Public - California 7 �{.r• y > capacity(ies), and that by #+mer/their ' <` Contra Costa County - signature(s)on the instrument the person(s),or My Comm.Expires Oct 7,2006 the entity upon behalf of which the person(s) acted, executed the instrument. WITNE y hand a ictal al. Signature of-N.t Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document[late: Number of Pages: i Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual 'op of thumb here ❑ Corporate Officer—Title(s): ❑ Partner----❑Limited ❑General ❑ Attorney-in-Pact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: i ®1989 National NCIaty A860GiaU0n•9350 De Soto Ave.,P.O.®ox 2402•Chatsworth,CA 81313-2402•wwvxnaiianelnotary.org Protl.No.5807 Reorder:Coil`ra11-Free i-800-87&-6827