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HomeMy WebLinkAboutMINUTES - 06262001 - C.18 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 26, 2001 by the following vote: AYES: Supervisors Gioia, DeSaulnier , Glover , Gerber and , Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 281 SUBJECT: Approval of Road Improvement Agreement for Bollinger Canyon Road,(RA 1105 ) (cross-reference Subdivision 7984), Dougherty Valley area. The following document was presented for Board approval this date for,property located in the Dougherty Valley area. A Road Improvement Agreement with Shapell Industries of Northern California,developer, whereby said developer agrees to complete all improvements as required in said Road Improvement Agreement within one year from the date of said agreement. Improvements generally consist of street, drainage and other improvements on, or along RA 1103 —Dougherty Road. Said document was accompanied by the following: Security to guarantee the completion of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: V. Cash Deposit .Deposit Amount: $9,000 Deposit )nade by: Shapell :Industries of Northern California Auditor's Deposit Permit No. and Date: 369922, June 15, 2001 G:\GrpData\L•ngSvc\BM200l'00 6-26-01.doc I hereby certify that this is a true and correct copy of an action ClAap taken and entered on the minutes of the Board of Supervisors Originator: Public Works(GS) on the date shown. Contact: feri Ric(313-2363) cc: Pubic Works- R.Bruno.Construction ATTESTED: June 26 , 2001 Cunent Planning,Conwtwtity Development T-March 26,2002(P1) JOHN SWEETEN, Clerk of the Board of Supervisors and Steve Savage Shapell Industries of Northern California County Administrator 100 W.Milpitas Blvd. Milpitas,CA 95035 By Deputy RESOLUTION NO. 2001/ 281 SUBJECT: Approval of Road Improvement Agreement for Bollinger Canyon Road, (RA 1105 ) (cross-reference Subdivision 7984), Dougherty Valley area. DATE: June 26, 2001 PAGE: 2 VI. Surety Bond/Letter of Credit Bond Company: SHH Insurance Services Bond Number and Date: 190724006, June 14, 2001 Performance Amount: $890,800 Labor&Materials Amount: $449,900 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Road Unprovement Agreement is APPROVED. All deposit permits are on file with the Public Works Department. Bond No.: 190 724 006 ✓ Premium: 454.00 Development: RA 1105 (cross-reference SUB 7984)/ IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal) has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along Bollinger Canyon Road to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLI ATION:lS iprel r sustriieeCe f Northern California,A Division of Shapell Industries Inc.,as Principal and , a corporation organized under the laws of the State of CT , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Eight Hundred Ninety Thousand,Eight Hundred Dollars($890,800)for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: Four Hundred Forty Nine Thousand, Nine Hundred Dollars ($449,900) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: 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,then this obligation shall become 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 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 (2.13.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa 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 Code,for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned 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 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(commencing with Section 3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions 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. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the 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 Principal whenever taken. SIGNED AND SEALED: The undersigned executed this document on June 14, 2001 National Fire Insurance PRINCIPAL: Shapell Industries of Northern California SURETY: Company of Hartford Address: P.O. Box 361169 Address: 21650 Oxnard Street, Suite 600 C ty: Milpitas, CA 95Q35 City: r�° and Hills. CA 91367 B U - By: Pr nt Name: J•�• //FarcWes4lal Print Name: Pamela L. Stocks Title: Ewcutive Vice President / Asst. Secretary Title: Attorney-in-Fact CL:lap GAG'D:ua\6ngSvc\Chris\Projects\Gale Ranch\RA 1105 BN-9.doe Rev:;t1te:J4,:_^_001 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation(herein collectively called'the CCC Surety Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Pamela L. Stocks, Beverly A. Hall, Sandra V. Hanner, Individually of Sherman Oaks, California their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their 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 their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 7th day of January 1 2000 CONTINENTAL CASUALTY COMPANY �s�RgF � N►oe9 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD (� AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Z co4poRAre al n g ,40AfOft�Tlp o g i JULY n, # Alft� u SEAL t '3 e 19ot 1697 IMA • Marvin J.Cashion Group Vice President State of Illinois, County of Cook,ss: On this 7th day of January 2000 , before me personally came Marvin J. Cashion,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 Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL' DIANE FAULKNER i Notary PubW 9t•t•of plinoi• My Cope miftelon bis 9117/01 My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 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 each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 14tH day of June — 2001 . CONTINENTAL CASUALTY COMPANY GA�I��r` 4\et tMSURq �`dppprnoea„ NATIONAL FIRE INSURANCE COMPANY OF HARTFORD °"ArE "CF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA oRt JULY 11, v SEAL `c A I9u 1697 MAID • Mary A. Ribikawskis Assistant Secretary (Rev.10/1/97) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-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 attomeys-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, Senior or Group 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 signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any.such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: . 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 Obligations and Appointment of Attorney4n-Fact Section 2.Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time, appoint by written certificates attomeys-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 atto meys-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 President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. 'RESOLVED:.That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may,from time to time, appoint, by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance. bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such-facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation.' CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California OPTIONAL SECTION County of Los Angeles CAPACITY CLAIMED BY SIGNER On 6/14/01 before me, Sandy Hanner, Notary Public Though statute does not require the Notary to fill in DATE NAME,TITLE OF OFFICER E.G.,-JANE DOE,NOTARY PUBLIC' the data below,doing so may prove invaluable to personally appeared Pamela L. Stocks persons relying on the document. NAME(S)OF SIGNER(S) INDIVIDUAL personally known to me-OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)is/are .n.n-F(S) subscribed to the within instrument and SANDY HANKER acknowledged to me that he/shelthey executed PARTNER(S) LIMITED the same in his/her/their authorized _. Commission#1188693 z capacity(ics),and that by his/her/their / GENERAL e NOicry Public-Colifiornia signature(s)azures on the instrument the uson s or ✓ ATTORNEY-IN-FACT z �°�<` "- Los Angeles County the entity n ted behalf of which the person(s) TRUSTEE(S) GUARDIAN/CONSERVATOR My Comm.Expires Jul 2,2[X)2 acted,ex the instrument. OTHER: W=my hand and 1 seal, SIGNER IS REPRESENTING: (NAME OF PERSONS)OR EWr Y(IFS)) SIGI ATURE OF NOTARY acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or National Fire Insurance Co. of Hartford a resolution of its Board of Directors OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Sitning party must be either a general partner or be authorized in writing to have the authority to sign or and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board �. (b)The President (c)Any Vice-President GROUP 2. (a)The Secretary (b)An Assistant Secretary (c)The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the Instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mw \\PWSA\SHARDATA\GrpDota\EngSvc\Fomu\WORD FORMS\ALL PURPOSE NOTARY.doc Rev.May 3,1999. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I ss. I County of I 1 On /SO/ before me, C, -1 I; D e // Name and Title of Officer(e.g.. Janelloe,Notary P bll ' personally appeared _ C. �lCe 6Pc cLal,� Arc/ ��/� iZ l' Name(s)of Signer(s) ) II ❑ personally known to me (• Ci proved to me on the basis of satisfactory ;) I evidence ) I• •I to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed ;) or CAROL ANN BOX I ��� the same in his/her/their authorized ) U COMM.#1198743 city(ies), and that by his/her/their capa o ) SANTA CLARA COUNTY Q signature(s) on the instrument the person(s), or ) �[ir�NN` COMM.EXP.OCT.22,2002 k the entity upon behalf of which theperson(s) ) I. Y P ,) acted, executed the instrument. ;) I 'I WIT ESS m a d and official lI I Place Notary Seal Above Si lu7ry Pu is ') I• 1 lI OPTIONAL , I. Though the information below is not required by law, it may prove valuable to persons relying on the document I and could prevent fraudulent removal and reattachment of this form to another document. I I• .I Description of Attached Document ) Title or Type of Document: •I Document Date: Number of Pages: Signer(s) Other Than Named Above: •,) Capacity(ies) Claimed by Signer Signer's Name: E Individual Top of thumb here I El Corporate Officer—Title(s): i E-I Partner—r_l Limited 0 General ) E I Attorney in Fact ( r Trustee ) 1 Guardian or Conservator I C7 Other: ) I� •I Signer Is Representing: ) I. •1 I I ©1997 National Notary Association-9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876.6827 ROAD IMPROVEMENT AGREEMENT Developer: Shapell Industries of Northern California Effective Date: Development: RA 1 105(cross-reference SUB 7984) Completion Period: 1 year Road: Bollinger Canyon Road THESE SIGNATURES ATTEST TO TILE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director Shapell industries of Northern California By: (signature) A14�D v,~ -7 � (print name&title Gh r 1,57 4- a'A Tr ve 1p, ' RECOMMENDED FOR.APPROVAL ��CL Gt.4-j ve V f GB P/ e5) ,4 U" 06 �L.. By: (signature) EnglIlCCf g ervi S 0 1 ISIOn (print name&title) Op o'_i C)Irw ^ ` FORM APPROVED: Victor J. Westman,County Counsel kSSE. (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Com,"and die above-mentioned Devclor)er, mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements (hereinafter called "work") within the above completion period from date hereof in a good workmanlike maturer,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 Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Perfomrance and Guarantee: $9,000 cash,plus additional security,in the amount of S890,800,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. 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 perl'ornrance. B. For Payment: Security in the amount of$449,900,which is fifty percent(50%)of the estimated cost of the work. Such 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,the Developer guarantees payment to the contractor, to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and 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-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. 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. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work detemmined by time Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. 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. 7. 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,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any.of the terms and conditions hereof. 8. INDEMNITY: Developer shall hold Imarmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causin lig 'ability are any actor 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 Indemmnitec has prepared, supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemmnification covering any of these matters,or that the Ileged damage resulted partly form any negligent or willfml misconduct of any Indemnity. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 0. 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 otlmcnvise,and Developer agrees to pay all costs and charges r curred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to c•mplete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently c iripletes 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 alattorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the mvork. 11. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts time work as complete, the development is included in territory inLiporated 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 riglmts shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all time terns of this agreement as[hough Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Clmeck applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval CL:lap G:\GipData\EiigSvc\Cliris\Projects\Gale Ranch\RA 1105 AG-24.doe Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I' I; State of California ss. County of I. ,I On 6P z I V/ before me, R-offAB I, ate Name and Title of Officer(e.g.,"Jan oe,�Nottary Pu lic-) I' personally appearedy• l_./I�IS�/Aly �l(e_ �Pdie- A"Ji it1�r� (�e.St /1C�,L Names f igner(s) 1 U personally known to me l L7 proved to me on the basis of satisfactory ;I evidence I to be the person(s) whose name(s) is/are subscribed to the within instrument and VQ ti CAROL ANN BOX acknowledged to me that he/she/they executed I I' p the same in his/her/their authorized I '-, COf41M.#11913743 l' m® ;m NOTARY PUBLIC-CALIFORNIA ��° SANTACLARACOUNTY Q capacity(ies), and that by his/her/their l 1. IFOP COMM.EXP.OCT.22,2002- signature(s) on the instrument the person(s), or ;I I, the entity upon behalf of which the person(s) ) acted, executed the instrument. f� .I WITNESS my hand and official seal. I •I Place Notary Seal Above Signature of Notary Public ' i. I OPTIONAL lo Though the information below is not required by law, it may prove valuable to persons relying on the document I 1- and could prevent fraudulent removal and reattachment of this form to another document. I I Description of Attached Document ) Title or Type of Document: Document Date: Number of Pages: I ;I Signer(s) Other Than Named Above: ;I f Capacity(ies) Claimed by Signer ) Signer's Name: I; ❑ Individual Top of thumb here I LJ Corporate Officer—Title(s): ;l ❑ Partner—F-1 Limited ❑ General l ❑ Attorney in Fact I L7 Trustee ❑ Guardian or Conservator I" ❑ Other: ;I I l Signer Is Representing:_ I 'I ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1.800-876.6827