HomeMy WebLinkAboutAGENDA - 06122007 - C.7 TO: BOARD OF SUPERVISORS Contra
'fes
FROM.: MAURICE M. S.HIU PUBLIC WORKS DIRECTOR
=- Costa
DATE: June 12, 2007 0�.• `� �1.
rJsrr C. County
coo
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 99-08382, being
developed by Ponderosa.Homes II, Inc., Danville area. (District 111)
SPECIFIC.RI QUEST(S)OR RECONIME'NDA]ION(S)&13ACKGROIJND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2007/ 0e for Subdivision 99-08382, approving Subdivision Agreement (Right-of.-
Way Landscaping), for project being developed by Ponderosa Homes II, Inc., Danville area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Subdivision Agreement (Right-of-Way Landscaping) has been reviewed and processed by Public Works
staff and meets all applicable conditions of approval regarding landscape improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement (Right-of-Way Landscaping) will not be approved.
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Continued on Attachment: +/ SIGNATURE: —
_ ECON'I IENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
.A, PPROVE OTHER
SIGNATURE.. S : L '
ACTION OF 130,60 ON /.Z APPROVED AS RECOMMENDED OTHER
VO
OF SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT - ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
13B:vz
Ci:``.EnLSvc`•.1301%2007`,O(i-12\BO-16 SD 99-8382.doc ATTESTED: /02 olio-v�
Orh,inalor: Public Works(I:S)
Contact: T.Rie(313-2363) JOHN CULL , Clerk of the Board of
cc: Public Works- Construction
Current Planning.Cbnununity Development Supervisors and County Administrator
"I'—Apri l 17,2009(I'I)
Ponderosa I Ionics II.Inc.
6671 (livens Drive
Pleasanton,CA 94iSS
Attn:Ty Manmirn By , Deputy
I he Continental Insurance Company
40'i Howard Street,6 i fluor
San Francisco,CA 94 1()5
Attn:Erin Bautista
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 12, 2007 by the following vote:
AYES: SUPERVISORS GIOIA,
BONILLA.,`GLOVER,PIEPHO
NO: NONE
ABSENT: SUPERVISOR UILKENIA
ABSTAIN: NONE
RESOLUTION NO. 2007/ 30e
SUBJECT: Approving Subdivision Agreement (Right-of--Way Landscaping) for Subdivision
99-08382, being developed by Ponderosa Homes II, Inc., Danville area. (District
111)
These improvements are approximately located near Camino Tassajara and Blackhawk
Drive (East).
The following document was presented for Board approval this date for Subdivision 99-
08382, located in the Danville area.
A Subdivision Agreement (Right-of-Way Landscaping) with Ponderosa Homes II, Inc.,
developer, whereby said developer agrees to complete all improvements as required in said
Subdivision Agreement (Right-of-Way Landscaping) within two years 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:
1. Cash Deposit
Deposit Amount: $1,600.00
Deposit made by: Ponderosa Homes 11, Inc.
Auditor's Deposit Permit No. and Date: 483065 May 10, 2007
I hereby certify that this is a true and correct copy of an
uu`'' action taken and entered on the minutes of the Board of
G:",,EngSvc`•.130\2007'`•06-12\30-16 SD 99-8382.duc
Originator: Public Works(LS) Supervisors on the date shown.
Contact: T.Itie(313-2363)
cc: Public Works- Construction
Current Planning,Community Development ATTESTED: /a
T April 12,2009(1'I)
1'oniicrosa Homes ll,Inc. JOAN CULLEN iMerk of the Board of Supervisors and
6671 Owens Drive County Administrator
Pleasanton,CA 94588
Attn:Ty Mangrum
fhe Continental Insurance Company
405 Howard Sweet,6°i Flour
San Francisco.CA 94105 By , Deputy
Attn:Grin Bautista � ?n
RESOLUTION NO.2007/ V�00
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision
99-08382, being developed by Ponderosa Homes 11, Inc., Danville area. (District
III)
DATE: June 12, 2007
PAGE: 2
11. Surety Bond
.Bond Company: The Continental Insurance Company
Bond Number and Date: 929408369 May 7, 2007
Performance Amount: $153,660.00
Labor &Materials Amount: 577,630.00
Principal: Ponderosa Homes 1I, Inc.
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.
R1:SOL UTION NO. 200 7L
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT .`
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
anMa ion
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
SD 06-09054 BA 33049 000651. 9660 REV 6L0072 20.05
COND DP Ont 007862 9181 15,792.14
LP06-02040 BA 32828 003520 9660 REV 513028A 1,620.94
LP06-02079 BA34136 000651 6L0029 584.22
INV 912657 9105 GL082E 2,222.63
INV 912661 2,183.73
INV 912659 2,209.22
INV 912655 2,497.54
INV 912654 2,235.08
INV 912656 I 4,413.10
Trust Fund 000649 19665 15,375.25
$py-
008198 0800 1,600.00
DA 52 A Reg Trust 000648 9140 244.78
Trust Fund 821500 10800 2,652.00
821600 4,380.00
�
• 828800 V 4,964.00
Explanation: TOTAL $
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS, M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT J � / '.�—
PERMIT DP ,C Ly 1
NUMBER J F
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
Sign6d: 'Date_/ / },
Signed:-- +1 ;.Signed:
Title: Acct. Clk.Adv EXT. 3-2344 ; Deputy co��iv Autlitor Deputy county Treasurer
D-34 Rev.(7-93) t If
819800-0800: G1221654, $1,600.00, SD 99-08382, Cash Performance,
Ponderosa Homes II, Inc., 6671 Owens Dr., Pleasanton, CA 94588
0649-9665 / 112300: G1221655, $12,900.00, SD 99-08382, Landscaping
Inspection Deposit, Ponderosa Homes II, Inc., 6671 Owens Dr., Pleasanton,
CA 94588
0649-9665 / 112300: G1221660, $1,000.00, LP 05-02037, COA Check,
Jose & Maria Reynosa, 108 Augustine Dr., Martinez, CA 94553
0649-9665 / 112300: G1221662, $1,000.00, RA 03-01150, Road
Improvement Inspection Deposit, Windemere BLC Land Company, LLC, 6121
Bollinger Canyon Road, Suite 500, 5an Ramon, CA 94583
0649-9665 / 112300: G1221663, $475.25, R5 2937, Additional Fee for
Record of Survey Review, Chaudhary & Assoc, Inc 851 Napa Valley Corporate
Way, 5te G, Napa, CA 94558
0648-9140 / 112200: G1221991, $244.78, DA 52A Reg Trust, The City of
Brentwood, 708 Third Street, Brentwood, CA, 94513
821500-0800: G1221987, $546.00, SCC Reg NTRA R556, Lennar Homes of
California, Bay Area Division, 6121 Bollinger Canyon Rd., Suite 500, 5an
Ramon, CA 94583
821500-0800: G1221988, $546.00, SCC Reg NTRA R566, Lennar Homes of
California, Bay Area Division, 6121 Bollinger Canyon Rd., Suite 500, 5an
Ramon, CA 94583
821500-0800: G1221989, $468.00, 5CC Reg NTRA R566, Lennar Homes of
California, Bay Area Division, 6121 Bollinger Canyon Rd., Suite 500, 5an
Ramon, CA 94583
Subdivision: 99-08382
Bond No.: 929408369
Premium:$7 68.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(Calif. Government Code sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT:The Principal has executed an agreement with the County
to install and pay for public right of way landscaping, and other related improvements in Subdivision
99-08382 , as specified in the Subdivision Agreement (Right-of-Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right-of-Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: 19049ego5& as
Principal, and The Continental Insurance Company ,acorporation organized
existing under the laws of the State of Pennsylvania ,and authorized to
transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors, and assigns to the County of Contra Costa, California, to pay it:
A. Performance and Guarantee: One Hundred Fifty Three Thousand Six Hundred Sixty and
00/100 Dollars ($ 153,660.00 )for itself or any city-assignee under the
above County Subdivision Agreement(Right-of-Way Landscaping).
B. Payment: Seventy Seven Thousand Six Hundred Thirty and 00/100
Dollars ($ 77,630.00 ) 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. CONDITION: This obligation is subject to the condition set forth on the reverse side hereof.
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 (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.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,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.
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B. The condition of this obligation as to Section 2. B above is such that said Principal and the
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I undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all other
persons employed in the performance of the aforesaid agreement and referred to in the aforesaid
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Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same
in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon
this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees,
including reasonable attorney's fees,incurred by County(or city assignee)in successfully enforcing
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such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in
the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15 commencin with Section
j p p � ( g
j 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
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in any suit brought upon this bond.
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Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
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C. No alteration of said Acquisition of Off-Site Right-of-Way Agreement agreed to by the Principal and
the Count shall relieve an Surety from liability on this bond; and consent is hereby given to make
I Y Y Y Y � Y
j such alterations without further notice to or consent by Surety; and the Surety hereby waives the
provisions of California Civil Code §§ 2819, and holds itself bound without regard to and
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independently of any action against Principal whenever taken.
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j SIGNED AND SEALED on May 7. 2007
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PRINCIPAL: foNa�p�s�A �oM�.s 1i, SURETY:Thew Continental: Insurance Company
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ADDRESS: 611-71 Uhlrgl2p_tJp_ ADDRESS: 405 Howard Street, 6th Floor
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CITY: 7hr-A ZIP: YA4Sf CITY:San Francisco ZIP: 94105
BY: 1 BY:
PRINT NAME: L�Ndi4 �. /�/!dyQ�-SGS} PRINT NAME: Erin Bautista
TITLE: 0-mer- r//1/, AICIAL 0F2—_IGF=AL TITLE: Attorney-in-Fact
:mw
G:\EngSvc\Billilee\Landscape\SUB 8382\BN-12A Subdivision Agreement Bond-Landscaping.doc
Rev.June.l7,1999
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
n� ss.
County of
On before me, - 1TAAjET _5 . L,-t(E-N(6, &log qjU /asl_I(L
Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public") )
personally appeared L i JJ»}- /1102- (
Name(s)of Signer(s)
Kpersonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
T,&
V to the within instrument and acknowledged to me that
Conrnlr m.# 6611061 he/she/they executed the same in his/her/their
NOWY Putsc -Cvldm authorized capacity(ies), and that by his/her/their
AWr'Sd Courdy signature(s) on the instrument the person(s), or the
%ROW Comm.EOM Oct 26.2009
entity upon behalf of which the person(s) acted,
executed the instrument.
WITN my hand and official seal.
Place Notary Seal Above
Signature of Notary ublic
OPTION
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 Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual U Individual
Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
Partner—! Limited ❑ General ❑ Partner—❑ Limited ❑ General _
❑ Attorneyin Fact
To of thumb here El Attorney in Fact
Top Top of thumb here
❑ Trustee ❑ Trustee
G Guardian or Conservator U Guardian or Conservator
Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876.6827
California All Purpose
Acknowledgment
State of California
County of San Mateo
On May 7, 2007 before me, Jean L. Neu, Notary Public
Date Name&Title of Officer/Notary
personally appeared Erin Bautista
Names(s) of Signers(s)
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her authorized
capacity, and that by her 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. jEAN L.NEu
Commission# 7 626528 z
: Notary Publlc-Calitornla
z•�`°` >' son Mateo County
ray Comm.Expires Dec 21,2009!
Notary Public
OPTIONAL
(The information below is not required by law)
Description of Attached Document
Title/type of Document
Date of Document No. of Pages
Other Signer(s)
h:\docs\surety\forms\notary.doc
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania corporation,is a duly organized and existing
corporation having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed
hereby make,constitute and appoint
Erin Bautista,Jean L.Neu, Bryan D. Martin, B.A. Potevin, Individually
of Redwood City,CA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its
behalf bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts
of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the Board of Directors of the corporation.
In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal
to be hereto affixed on this 1 st day of October,2006.
•���;jjja�.• The Continental Insurance Company
c+'
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•
••ee
�.
Thomas P. Stillman Senior Vice President
State of Illinois,County of Cook,ss:
On this Ist day of October,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly sworn,did depose and say:
that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a Pennsylvania
corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument
is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto
pursuant to like authority,and acknowledges same to be the act and deed of said corporation.
'OFFICIAL SEUL'
i My Cmrwin•ien E•pYw 7!t 6Nr
•••••••••••••••••••••••
My Commission Expires March 15,2009 Maria M. Medina Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania corporation,do hereby certify that the Power of
Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporation printed on
the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this
7th day of May 2007
�..•y'IjjgU .• The Continental Insurance Company
wow
•••'•'�•"'�• Mary A. Rikajakis Assistant Secretary
Form F6850-11/2001
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Authorizing By-Laws and Resolutions
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ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
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This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the company.
"Article VI-Execution of Documents
Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice
President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations
set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors,the President or any Executive or
Senior Vice President or the Board;of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution'adopted by the Executive .
Committee of the Board of Directors of;The Continental Insurance Company by unanimous written consent dated the 1P day of January, 1989:
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
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SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and §66463)
Subdivision: SUB 99-08382 Effective Date:
Subdivider: Pnl;X,iota untny-_s IN1C• Completion Period: 2 years
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice M. Shiu, Public Works Director G•9a14P_ofZ,9&_ C_**YcP_ \11CS, Pbr✓stvf�T
{— +�DhG�VISi riot! Pi-1NN)WQ
By: (signatureJ4/4 a,Z'_�
)
r� (print name r//
RECO DED FOR APPROVAL:
By: (sl nature
y g �l
Engineering Seryls Div sion (print na &tine) 4
Gr7 1 r �INRNG,� DlC�j2i
FORM APPROVED: Victor J. Westman, County Counsel `'!N.�°'
(NOTE:All signatures to be acknowledged. 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 County of Contra Costa, California, hereinafter called "County," and the
above-mentioned.Subdivider, 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 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(includingfuture 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§§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 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 shall,pursuant to Government Code§66499,and
the County Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ 1,600.00 cash, plus additional security, in the amount of $
153,660.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional
security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the 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$ 77,630.00 ,which is fifty percent(50%)of the estimated cost
of the work. Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit,
With this security,the 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.
j 4. GUARANTEE 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
j other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
j 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.
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'7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
I 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 Subdivider of his obligation tojfulfill 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.
i 8. INDEMNITY:-,Subdivider.shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
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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 notlsuch 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 causin4 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. Non-Conditions: 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 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 form any negligent or willful misconduct of
any Indemnity.
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9. COSTS: Subdivider shall pay'when due,all the costs of the work, including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor bl'efore acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider 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
I otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
i surveys,contract,overhead,etc.)immediately upon demand:
i i .
! Subdivider hereby consents tolentry 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 1performance.under this Agreement or to recover costs incurred in completing or maintaining the
j 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.
i
I 12. INCORPORATION/ANNEXATiION. If,before the Board of Supervisors accepts the work 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.
I •kw:lap
i G:\EngSvc\Blllllee\Landscape\SUB 8382\1G-30A(Landscaping).doc
Rev.May 18.2001
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CALIFORNIA ALL-PURPOSE-ACKNOWLEDGMENT
State of California
n
County of !Z` 4 rn e l ss.
On 4-a,'6-0-1 before me, 7TIra,( U.6c- 1�)o kac.t ? mV c
Date Name 4nd Title of Offi r(e.g.,"Jane Doi,Notary Public")
personally appeared L SC-VrttAf V-
Name(s)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
ALV Law he/she/they executed the same in his/her/their
C*wA*don 01680697 authorized capacity(ies), and that by his/her/their
No11Iay Fdft-CaMomo signature(s).on the instrument.the person(s), or the
Alameda COU*
6. ,MVCMM.fJVMAPF25.201:j entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature of Notary 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 Date: Number of Page
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
D Individual 1 1 Individual
Corporate Officer—Title(s): 1:7 Corporate Officer—Title(s):
-] Partner—C! Limited ❑ General iJ Partner—O Limited ❑ General _
D Attorneyin Fact
f�7 Attorney in Fact
Top of thumb here y lop of thumb here
7:1 Trustee ❑ Trustee
71 Guardian or Conserv or ❑ Guardian or Conservator
Other: ❑ Other:
Signer Is Re esenting: Signer Is Representing:
9 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1.800.876.6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
r
County of �`�G ry�YQc� ss.
kcOn before me, —T—r-.aw 146er- N0i n j &n
I Date ff Nan a and Title of Offi er(e.g.,"Jane Doe,lNotary Public")
personally appeared V Ao r'o sc k ,
Name(s)of Signer(s)
C�ersonally known to me
❑ 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
litAfLY lEBER he/she/they executed the same in his/her/their
mon 16M97 authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), -or the
AkM"W County
Comm �reyApr25.201 entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Signalure of Notary 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 Date: Number of Page
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: I Signer's Name:
❑ Individual ❑ Individual
Corporate Officer—Title(s): L1 Corporate Officer—Title(s):
Partner— ow
❑. Limited ❑ Ge ral ❑ Partner—El Limited El General
Attorney in Fact 2111 Mile!19
Top of thumb here ❑ Attorney in Fact Top of thumb here
C. Trustee ❑ Trustee
❑ Guardian or nservator Ll Guardian or Conservator
❑ Other: ❑ Other:
Signe s Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827