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HomeMy WebLinkAboutMINUTES - 03192002 - C18 E TIE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 19,2002,by the following vote. AYES: SUPERVISORS UILKEMA, GERBER, DESATJLNIER, GLOVER`'and GIOIA NOES: DONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO..2004 7 SUBJECT: Approve the Drainage hnprovement Agreement (DA 0011) for Subdiviion' 725, being developed by GHC Investments, L.L.C., Alamo area:,(District Illi. The following document was presented for Board approval this date for Subdivision 772,5,drainage acceptance file DA 0011,property located in the Alamo area, Supervisorial District III. A drainage improvement agreement with GHC Investments,L.L.C.,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 the installation of storm drain pipes with related manhole„structures, from Fa rdale Way to Jennifer Lane. 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: 1. Cash Bond Performance Amount: $1,800.00 Auditor's Deposit Permit No. DP379878 Date': January 9, 2002 Submitted by: GHC Investments, L.L.C. Taxpayer identification number: 770536786 Originator: Public Works(ES) copy I herebycertifythat this is a true and correct co of an action taken an . Contact: Joseph DiMaggio(313-2345) entered on the minutes a Board of Supervisors on the date shown. G1GrpData\Eng$vc%O\200213-19-02\DA 0011 BO-20.doc 7D:lad" cc: Pubic Works- R.Bruno,Construction ATTESTED' T-t-19-03 GHC Investments, d`L.L.C. JOHN SWEETEN,Clerk o€the Boaroof Supervisors and County AUn.Timothy Quinn 4340 Stevens Creek Blvd.,Ste.240 Adrninistrat0� San Jose,CA 45139 Developers Surety and Indemnity Company Attn: Richard S.Svec / P.O.Box 19725 r Irvine,CA 92623 By ,Deputy RESOLUTION NO.2002/ 247 SUBJECT: Approve the Drainage Improvement Agreement (DA 0011) for Subdivision 7725, being developed by GHC Investments, L.L.C.,Alamo area(District III).' DATE: March 19, 2002 PAGE: 2 II. Surety Bond Bond Company: Developers Surety and Indemnity Company Bond Number and Date: 8674758,December 6, 2001 Performance Amount: $182,200.00 Labor&Materials Amount: $92,500.00 Principal: GHC Investments, L.L.C. NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Warks Department.> wow Paw OFFICE OF CW&AUXTbR-+CONTROIJER TO THE TREASURER: :� ... MARTINEZ,'C ALIFtRNIA RECEIM FROM ORGANIZATION NUMBER 1�1 (For Cash Collection Procedures we County Adrainistrotor's BlAeYin 1054 DESCRIPTION FUND/O3RCx Sulk ACCT. TASKOPTION ACTIVITY AMOUNT � vvav � 7 Bt+/ t'31 p 4 ,�S �IPD 9x55,45 3 fl.3 ©46,03 Rs 5 'Sv Wsq� A01 LOD 93 r P .4)-t- vv599,3t �"v l3 y. 45,66r 1.7 lob ,05 �Y__jvmi er,n;r, o4o41,4,0 -23,o 4410.6 EXPLANATION. iTOTAL 5 8, L)9 1 DEPOSIT $ t i G?fn -3' 1 ~ 7 1010 114 o v Deposit consists of the following items q COIN and CURRENCY,- $ D D (1 109 JV t `'`4' L-r }09'''110,1 CHECKS.M.f)ETC. TLS, BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY PERMITET DATE '379878 JAN 9 7@ ASSIGNED The arrriount of money described above is for Treasurer's.receipt of above amount is approved. Receipt of above arrwunt is hereby deposit into the County Treasury. acknowledged Date I ! tr rte S "°d` ` EXT. 3-, ounhr Deputy Cam+1reaswer st?., f�Z1Li L/ZAP L' iQoc- �tNay Gj''� r''"' z-- trVVf:VI g VT L.Vt`IIfSM MrVJN1 _,[ POSIT PlERMIT Fi^ OFFICE OF C%LTY,AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA REdM'FROM ORGANIZATION NUMBER Ind Pu v.? s (f(r Cash Collection Proceduressee County Adminitrator's iBulletin 105.) DESCRIPTION FUND/ORG AC*' TASK OPTION ACTIVITY AMOUNT tit I C l>Ur © 'i p 5 t1 8 ' U.AA GD6ter 9 7�G► TL I I I I I I I I I IRC1 �CY3i3�} of L _ litil 11111 1111 1 , L- I-A- I I t _t i t t t t I I I EXPLAN—ALT ION: TOTAL $ i DEPOSIT I t tc+nsist of the following items' col ENCY $ CHECKS,M.O.ET $ BANK DEPOSITS FOR AUDITOR-CONTROLLER USE Old f ,,r ,-mac. .f c�., DEPOSIT PERMIT DP— L'.✓i t'c±a r t�r�! ' ' r'rr .✓' '�C' ': r`�'_'' ' NUMBER i DATE ASSIGNED The amount of money described above is for treasurers receipt of above amount is approved. Rece pt f above amount is hereby deposit Into the County Treasury. Date s `d: Tiitle -CIL EXT ty County Tiet�sunx 06.49-9665 / 831000: 61061385, $1,075.00, M598-0013, Map Check Fee Balance Due, Pereira Construction, 1505 Finley Rd Pleasanton, CA 94588 0649-9665 / 831000: G1061386, $500.00, Record of Survey R/5 2643, Cunha F L P, 1885 West Cypress Rd, Oakley CA 94561 0649-9665 / 831000: 61061390, $4,717.78, MS 7-99 Inspection Fee, Pickett Development Co Inc, 2703 Ridgeview Lane, Walnut Creek, CA 94598 0649-9665 / 831000: C1061392 $500.00, Record of Survey, R/5 2644, Moran Engineering Inc, 1930 Shattuck Ave Suite A;, Berkeley, CA 94704-1022 01649-9665 / 831000: 61061395, $500.00, Record of Survey, R/5 2645; Brien Kangas`' Foulk, 2737 North Main 5t Suite 200, Walnut Creek, CA 94596 0649-9665 / 831000: 61061398, SUB7725, GHC Investments LLC, 4340 Stevens Creek'Blvd Suite 240, San Jose, CA 95129 Improvement Plan Check'$8,193.73 Map Check Fee $1,340.27 Inspection Fee $12,910.02 0648-91.40 / 812100: 61061398, SUB 7725, GHC Investments LLC, 4340 Stevens Creek Blvd Suite 240, San Vose, CA 95129 San Ramon Ck def $7,144.00 Miranda Ck Def $7,144.00 819800-0800: 61061398, $2,000.00, SUB 77251 GHC Investments LLC, 4340 Stevens Creek Blvd Suite 240, San Jose, CA 95129 819800-0800: G1061399, $1,800.00, DA0011, GHC Investments LLC, 4340 Stevens Greek Blvd ,Suite 240, San Jose, CA 9512'9 Development No: 7 725 Bond: 8674755 PREMIUM: 41,832. IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance &maintenance, AND labor and materials) 1, OBLIGATION: GHC INVESTMENTS LLC (PrinciDah., as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY: a corporation organized and existing under the laws of the Mate of IOWA and organized and existing under the laws of the State of California, as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A Faithful Performance, & Maintenance: ONE HUNDRED EIGHTY TWO THOUSAND TWO HUNDRED DOLLARS ($ 182,200.06 ----- )for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor& Materials: NINETY TWO THOUSAND FIVE HUNDRED AND NOI100 DOLLARS ($1-2,500-00 ----' ) for the benefit of persons protected under Title 15 §et seq. of the California Civil Code, 2. RECITAL OF CONTRAC'T": The principal contracted with the County to install and pay for drainage and other improvements in TRACT 7725 , 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 SUBDIVISION 7725 3. CONDITION. If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County, then this obligation as to Section l-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-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 ofsuch'liens,then this obligation as to Section'1-(3)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 further 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 band, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included'in the judgement. 3. CONDITION: 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 part`ofthe 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. B. 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 Centra 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 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. Itis 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,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 become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan 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 2819, and holds itself bound without regard to and independently of any action against Principal'whenever taken. SIGNED AND SEALED on DECEMBER '6, 2001 PRINCIPAL Gt1C INVESTMENTS, LLC SU ` !QTY EVELOrtRS,,SUREYY An INDEMNITY COMPAN By By RICHARD S. SVEC, ATTORNEY-IN-FACT Address Address 3100 OAK BOAR, S11-11E 260 WALNUT CREEK, CA 94596 :Mw G:\Gta\En8SvcTonm\13N ta\En8SvcTonm\BN WOMBN-IOAOC kms:.. W POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNI"T"Y COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623+(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each severally,but not jointly,hereby make,constitute and appoint: *** Richard Svec ,Anna Sweeten, Rick F. Prentice, William J. Prentice, Suman K. Toor, jointly or severally*** as the true and lawful Attomey(s)-in-Fact,to snake,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact-'full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these'presents,'are hereby ratified;and confirmed; This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,3000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation'be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)reamed in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power ofAttorney; RESOLVED,FURTHER,that the signatures of such officers 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 shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF; DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 811,day of November,2000. By. a+"�.ANO`..,y� David H.Rhodes,Executive Vice President r�( lN�� GOt(�PAitYO� r. SEAL wr OCT:S 0 a. 1936 1967 By: o o� z Walter A.Crowell, Secretary �� ., SOW PO9C1PO �\P STATE OF CALIFORNIA )SS. COUNTY OF ORANGE ) On November 8,2000,before me,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personalty known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. DIANE J.tVtWATA r COMM.SPI tame Signature l � fiMWfMC-CALIt0FM 8tt ��t l 2 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in foil-force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power ofAttorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the '6TH day of DECEMBER 2001 l---By ' David G.Lane,Chief Operating Officer iD-1380(11!00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On DECEMBER 6, 2001 _ bna Sweeten, N lary-Public personally appeared Richard S.Svec personallyknown to me- OR- Q proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person> acted, executed the instrument. ANNA SWEETEN �r COMM.411316734 NGTARY PUBLIC-CALIFORNIA � VVI S my hand and o Icial seal t SANTA C€.ARA COUNTY My Comm.Expires Augas€30,2t10S SI 1't7R&OF NOTARY 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 Porm.` CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT []INDIVIDUAL OCORPORATE OFFICER "TITLE(S) TITLE OR TYPE OF DOCUMENT ❑PARTNER(s) C] LIMITED ❑GENERAL E]ATTORNEY-IN-FACT NUMBER OF PAGES []TRUSTEE(S)' E]GUARDIAN/CONSERVATOR []t;3TDATE OF DOCUMENT. SIGNER(S)OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 Mate of California County of Alameda On 12-27-01 before me, J= Costtanm , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patrick Castanzo , r & na]d ftzka j , NAME(S)OF SICxNER($) ❑ personally known to me - OR 4M proved to me on the basis :.of satisfactory evidence to be the person(s) whose name(s) is/are subscribedto the within instrument and ac- knowledged to me that he/shelthey executed the same in his/her/their authorized capacty(ies), and that by his/her/their JAN COSTANZO signature(s) on the instrument the person(s), 0' Co".#120014 or the entity upon behalf of which the I „,, NOTARY PU9LIc cALoRNU j 5 AtANIeD coutay 0 pe Co". acted, executed the instrument'. COMMA.EXP.JULY 17,=4-� WITNE S my hand and official seal, SIGNATURE OF NOTARY 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 ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ' TITLE(S) ❑ PARTNER(S) ❑ LIMITED GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) C❑ GUARDIANJCONSERVATOR ❑ OTHER: DATE`OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSOt*S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION+'8236 Sammet Ave..P.O.Boz 7184•Canoga Park,CA 91309-7184 DRAINAGE IMPROVEMENT AGREEIyf'ENT Subdivision: 7725 Effective late: Developer: GHG Investments, LLC Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER GHG Investments, LLC Maurice M.Shiu,Public Works Director a Delaware Limited Liability Company By: Greenbriar Homes Communities,Ine r A al o i Corpor io `i snager (Print Name and Title) Patrick''Costal zo, Jr. RECOMMENDE OR APPROVAL Executive Vice President 1 By: (Signature) grneermgServices Division (Print Name and Title) Ronald Mukai Chief 'Financial Officer FORM APPROVED: Victor r.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Developer istncorporatt:d,signatures must conform with the designated representative groups pursuant to Corporations CodeS3 t 3:) is PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter casted"County;'and the above-named 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: 3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to;the County: A. For Performance and+Guarantee: $ 1.800.00 cash,plus additional security,in the amount of$ 182.200-00 together total one hundredpercent(100%)of the estimated cost of the work. Such additional security is presented in the form of- Cash, fCash,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. Eor Payment: 'Security in the amount of$ 92,500-00 which is fifty percent(50%tr)of the estimated cost of the work. Such security is presented in the form of: bash,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 therm 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. Developerguarantees 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 shallmake 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 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. 7. INDEMNITY'. Developer shall defend;hold harmless and indemnify the indemnities 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 andm loyees. 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 causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. 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' coveting any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity. 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 anomey's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. to. 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. RL::kw G:\GrpData\EngSvc,Worms\AG WORMAG'-17.doc' Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5so1 State of California County of Alameda On 12-27--01 before me, Fart Costanza r DATE NAME,TITLE OF OFFICER E.G,,'JANE DOE,NOTARY PUBLIC• personally.appeared Patrick CostAnzo r na],c1 141kA i NAME(S)'OF SIGNER(S) ❑ personally known to me - OR 4M provedto me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribedto the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 7s:, III signature(s) on the instrument the person(s), r JAN C€)STANZ4 COMMA 126W1{ b- or the entity upon behalf of which the NOTARY PU8LJC4AL1FORt 1A Q NAMEDACOMY C) person(s) acted-, executed the instrument. crnt.t�cP..tw.�r xr � WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL x Though the data below is not required by law.it may prove valuable to persons retying on the document;and could prevent fraudulent reattachment of this form: CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER T1TLrz(s). TITLE OR TYPE OF DOCUMENT' ❑ PARTNER(S) ❑ LIMITED El GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: DATE OF DOCUMENT L SIGNER IS REPRESENTING':' NAME Of;PERSON(S)OR ENTITY(IES) ` StGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Aamrnai Ave.,P O.Brix 7184•Canoga Pails,CA 91309.7184-