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HomeMy WebLinkAboutMINUTES - 03192002 - C22 TUE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 19, 2002,by the following vote: AYES: SUI?I}ZtIM UUMA, (RM, FSE UNOR, a9vM aid QOIA NOES: NX ABSENT; N ABSTAIN: NM RESOLUTION NO. 2002/1 51 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8239,being developed by Gene R. Schmidt,Inc., Alamo area(District M). The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8239,property located in the Alamo area,Supervisorial District M, said map having been certified by the proper officials: H. Subdivision Agreement' A subdivision agreement with Gene R. Schmidt, principal, whereby said principal agrees to complete all improvements as required in said;,subdivision `agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security`guaranteeing completion of said improvements as follows I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Originator:Public Works(BS) Contact: Joseph Maggio(313-2345) G:kC,rEData\Emgsyc�Bo+2002\3-19-o2\SU]39239DO-zl.aoc ATTESTED. -- Jn:iaa JOHN SWEETEN,Clerk of the Board of Supervisors and cc: Public Works-3L Bruno,Construction p Cnrnnt Planning;Conarwnity Development County,Administrator T—1.19-03 Gene R Scbnik;Inc. 940 Reliez'Valley Rod Lafayette,CA 94549 Developers Surety and Indeinnity company By Deputy P.O.Box 19725 Irvine,CA 92623 RESOLUTION NO.2001!151 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8239, being developed by Gene R. Schmidt, Inc.,Alamo area(District RD. DATE: March 19, 2002 PAGE 2 A. Cash Bond Performance amount: $1,900.00 Auditor's Deposit Permit No. 382223 Date: February 27, 2002 Submitted by: Gene R. Schmidt, Inc. Tax ID Number: 68-0446295 B, Surety Bond Bond Company: Developers Surety and Indemnity Company Bond Number: 867195S Date: February 26, 2002 Performance.Amount: $190,400.00' Labor&Materials.Amount: $96,150.00 Principal: Gene R. Schmidt, Inc. M. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2001-2002 tax lien has been paid in full and the 2002-2003 tax lien,which became a lien on the first day of January 2002, is estimated to be $23,600.00, with security guaranteeing' payment of said taxlien as follows; +� Tax Surety Cash Bond Assessors Deposit Permit Number: DP 382143 Date: February 26,2002 Amount: $23,600.00' Submitted by: Gene R. Schmidt NOW,THEREFORE, THE FOLLOWING IS RESOLVED 1 That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2 That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. COMITY OF CONTRA COSTA ` ' DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER $ TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM` J- ; , � } ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin Ios.) DESCRIPTION FUNDJORG. SUB' TASK OPTION ACTIVITY AMOUNT }ACCT. / -c i 1 1 t i r t i t r i r 1 t 1 t i i 1 I 1 i I E EXPLANATION: TOTAL $ 1 C—&`fir, 44 , : 1 ` / t'1 - C-7 DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,KO.,ETC. $'ia'x BANK DEPOSITS $. FOR AUDITOR-CONTROLLER USE OKY DEPOSIT PERMIT DP NUMBER DATE 382223 FFT f / ASSIGNED _L l The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is Hereby deposit into the County Treasury. acknowledged Signed= Date- �lqk00 EXT. .� ..�� Signed: �.._..__�._... ` k D ounty ourrty Treasury }34REV.(7-ps) 0648-9140 / 812100: G1091170, $4,276.00, SUB 8239, Gene R. Schmidt Inc, 940 Reliez Station Lane, Lafayette, CA 94549 819800-0800; :61091170, $1,900.00, SUB 8239, Gene. R. Schmidt Inc, 940 Reliez Station Lane, Lafayette, CA 94549 0649-9665 / 831000; 61091170, SUB 8239, Gene R. Schmidt Inc, 940 Reliez Station Lane, Lafayette, CA 94549 Inspection Fee $12,153.50 Map Check Fee $800.00' 0649-9665 / 831000: G1091171, $53,270;00, RA1108, Inspection Fee, Windemere BLC Land Co LLC, 3130 Crow Canyon #310, San 'Ramon, CA 94583 0649-9665 / $31000: 61091172, $268.44, RA1106 Plan Check Fee, Windemre BLC Land Co LLC, 3130 Crow Canyon#310, San Ramon, CA 94583 0649-9665 / 831000: G1091173, RA1108, Windemere BLC Lana Co LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 Inspection Fee $26,810.00 Plan Check Fee $10,096.17 0649-9665 / 831000: 61091175, RA1107, Windemere BLC Land Co LLC, 3130 Crow Canyon #310, San Raman, CA 94583 Inspection Fee $23;885.00 Plan Check Fee $16,209.08 0649-9665 / 831000: 61091176, RA1106, Windemere BLC Land Co LLC, 3130 Craw; Canyon #310, San Ramon, CA 94583 Inspection Fee $8,000.00 Inspection Fee for Landscaping $80,000.00 0649-9665 / 831000: 61.091177, RA1105, Windemere BLC Land Co LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 Inspection Fee $20,160.00 Plan Check Fee $67,976.33 PREMIUM: $2,285.00 TRACT # 8239 uhdt} sfat}:Fair Way/Stephanie bane,Ala c $acct lett.: 8671955 - FOR SUBDIVISION AGREEMENT :tea 'x ft?i'1?.�1ti mt""y SLA ��C:i 664'crit..j'ttjsT t�t 1. RVITA,LOt GK EtiMNT: iht dev loper(pr atc:P')1:1s a subdi-Vision agreement uith.the Counzv of Co*nln? C-om to iris.aif 2-nd pay %`r street, drain-ge. zndlc ott.ler irlt;roVemtj,,tS in S-ut,ji isior 8239$ ,as wsp��-.•Ik1 L. ICE he,�li�7t��*is3�:i w��t',"f::L°Ti:3t:��C��:Cxii�}l��u'Said�'C?F�C-+j4}Jt'C:2i. ;.he tL-.n.,spen.ifed for,^wa?£ ptttlw'7-in h-- subdi visa �ag emnemt,aU ill..a'�rvEz.-. '�x 1{,C~-xi—.�'...S.tate and Ilocul iavXtS and ratlLngs m crater to satisf- conditions for %limn of.: Final map or pame! map fcir said ,stii?t'i iskin 0 LI .AT[Q► rt GENE R. SCHMiD'T,_INC`. w pr ilcipa?and DEVELOPERS SURETY* AND INDEMNITY COMPANY � r���,,rat?c�n C'r�sriz.tj ��x.4 IOWA and .union-ed to traa ct surety ,s'aY.4`ira SS in f:aii:4nl:•3, as 5urer;', l"ev--` y ;'3:»'1:1, and wv lly End. oLtrsz-1,ves, oiz heirs, exe..^•utors, adz'ri--strswrs,,51:oomssers ?'ld assips to tlae C:-oE my of C-antra Com,Call xfor to pap as f,-llows. A. Performance aed vuaran,C-., One Hundred Ninety Thousand, Four hundred' and no/100 Z7oLa. .S 190_,4 0O 00--------------- ?khr Cont"a Costa Coi ity or any rt'y assign u2d�r the tbove C"f?U:.ts bubv&-wi or. Agrt'e"' e t B. Ninety Six Thousand,, One Hundred Fifty and no/100----- 96,1IAC.�lF--------------� -- to secure'he c aLms to�:;h.�ch rer:-ence is made in True 'tc crr e:t,.'4n -with �:.ti'.�.., 30n. ) of Part 4 of l�i sion M of the Civ: Cbc� of �'-:e gate of 3. C !Yl3t?2 Y: A. Th.e Ct,Fr�dipti6m of'th a�ubl�ication.�as to S},.,don{?':��.� zbove is s�u�:ih that*if the +a�b,above bonded p.rmcipa1, 'l%a prtFlFpal's�i£FL's eXWi:..cv^rS,+"1+« r.^.SS 3tor5,St:�Ci'•;:it3 �Ji t+.:..r43�Gi�1,3,shall ki:JI�asA `stand to an-.1 abide by and well acid Ozal}] e =p,.rfar:..t%e•co-'on^ants, .cndi'.ions a-nd provislt:m in the said air anent and sk.-y attwraaon thereof=de as tbertin prove&6 d, on it or its part, to be kepi amid perforwitJ ai tiii:ti-pt una ir,t.1ie mar,:.er therm'sp-ecift zd and it all respeas'aC:Cchli ng to L.eir true' traiie«It -and meanLrn� arA shall inde_rnn-,P and wGV`v >,�-rt:le:s F1't' Co+:.1 1•li" Sef Contra Cost;£,(or city " ass, pc�e;its of vers. a;e is and err_•p1-:)yees.a th..e;�st=Fuiatev,1.Yn t,l:s cbfi��t;�n 4a.at bocccaz rtuh-dad i'.it's Ca Iiw'w"ir'y it A-all bC End rzzmain i.fidl f rr.e k7-1-4*e5ect. As pa,-1 of the obli ztittn srxur¢C he eJj and.n addinon a:• ac.e aitnount vve,-;fied then-form,there~ shall be included reasorable cost,,expeases wed ft.%,including rea-am able attorney's fees, neu: ,C] by the��t;I.t",+, Cir C+ t.au--'C` t:,:(;`city asggnee)In Su.v:•CeSS djy c.-*rcing s:ucel ealli atailt.,.al) to L,C taxed as cl sts aii,'mcl:ided in aany.;ue�ge-cm'-trde:`.zd. B. The con6ition of tEs oblipion, as to Section (2.B.) a'csove, is such ::^.at swd principal and ij-, und--m-ped, as corporate st- ety, are helc'Erml,bound into thio Co- ty of Contra Costas and. all, onitmctors,subcontractor-,l2b rem,material mere and oter persons employed in the perfortnanm of the aforesaid subdivision'ageetment e d rvkmod to in the aforesaid Civil Code, for materials Ramis xtd, labor of a-try 'kis d, or for £:iT243Garnus due EL^.d r ttie U;1tmplo i"f tmz L-m-farjec Act With'' respect co such wo.k or i:tion a»id Jaat sa::3 stu•ety witi pay the s3nne in ice.Lnao=not ticeed ng the u.T:i°ount herein-.bo-,,r s,:,, fo ,and alsa, incase suit is brought upon,tf 25 bond,will pay,in addition to the fact amount thereof,msonable costs,expenseu and fees, r;cludi g reasonable anonzeys fees, i.»y, red by ti'e Courty of Centra Cast;:(or city assign=)L-i successmy et onion such obligation,, to he F- arde3 fiactl by',he cou:-t all to be taxed as costs and to be kicluded it.the j dgzmerft it is Ine mb}e;pre..sly stipulated znd agreed that dues' ^o-,id sbatl Lnur. to the be=nefit of any said all p�.•scsrss,co:rIrI2j 2eS and z:o poradon+s eniitlzd to file claims under Title 15(Commencing" :th Section 308?}of part 4 of D-n isioa 3''of the CiNill Cade,so as to give a:iem of a t:oi to thtna or. thci assn in any sz t crouo.t upon, thishotd Saoaud the work under caodi6ons of this bond be filly pe o- vl Cher,&is ctti atio n sh?,11 becon.e null az:d void; otic ,ise it shat:be and Irtma.i T in fill for !andeffect. C. No alteratioa of said subtii+rsion a eeraeat or any ptan or st,:cif cattion of said work agreed to by the principal azd the County of Corm Costa(or city ass pee)shall relieve the m-ety from liability ca this bond;and con=sent is hereby;giv:a to make`sicla aluminon miithout ft::the:noccc to or consent by the su—,ety;ar�d tin-.suamty-hcreqy of California Civil Code Section 2819 an livid= eifboz:ad wit neat rtiga*3 tea and irciepesad t:y cf any ac on a-,tet t€:e principal whenever `ilea CrG�t t3 I7 S �Ii on FEBRUARY 26, 2402 `r�is4 IPAL: GENE R. »SC i FST SNC. S Ty: �3EVB10PERB• SURVEY AND I CITY COMPANY Ad res=' 040 REL VALLEY ROAD AJdress-` 310©-'OAK ROAD, SUITE #260 Ci.t• AF ETTE A Zip:.: 94549 City:WALNUT CREEK,.: CA Lip: 94596 13y• ray: Pz irit Martie: JOHN DALEY t itle: L ` -t Tale: I)Cr aw:3ap, Cr.'•3et usts"�Er,;ttsu•rtt alt r'wet�`E�:.t 3a. STATE OF CALIFORNIA SS: COUNTY OF CONTRA COSTA On FEBRUARY 26, '2002` before me, L•B. BARNET'T, NOTARY PUBLIC PERSONALLY APPEARED JOHN DALEY personally known to me' 3eftfutat)mdAtrm)to be the person(s)whose name(s)'is/Im subscribed to the within instrument and acknowledged to me' that he/shvft)c executed the same in his/*xr&wir authorized eapacity(igs), and that by his/*erAthtIc slgnature(s� on the L.B.BARmETTT instrument the person( „or the entity upon behalf of which COMM.#1281135 the person(N)acted,executed the instrument. ca NO�ARY PUBLIC•CALIFORNIA ` RACCISTACAUNJYWITNESS y hand and o ficial seal. Comm. yo es Oct.18,2004 Signa+e This area for Official Notarial Seat` 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 dorm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND NUMBER: 8671955 TITLE OF TYPE OF DOCUMENT c TITLE(S) ❑ PARTNER(S) ❑ LIMITED GENERAL TWO (02) [ ATTORNEY-IN-FACT NUMBER OF PAGES' ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER;' FEBRUARY 26, 2002 DATE,OF DOCUMENT SIGNER IS REPRESENTING: NAME Of PERSON(S)OR ENTITY(IESJ N/A DEVELOPERS SURETY ANIS INDEMNITY COMPANY SIGNER{S)OTHER THAN NAMED ABOVE ID-0e1 Rf v 6194 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY O DEVELOPERS SURETY AND INDEMNITY COMPANY West Bank Plaza Building,1603 22nd Street,Suite 200 p } West Des Moines,IA 50266(515)267.9070 N2 Q 8 4 7 7 NOTICES :1. Alt power and authority herein granted strati in any event terminate on the 31st day of March,2002. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seat is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorneylsy-En-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,do each severalty,but not jointly,hereby make,constitute and appoint ** Jaynes E -.Stark,John Daley,M.R.Prenger, C. Ganapol,Lin Barnett,jointly or severally the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bond%undertakings surd contracts of suretyship in an amount not exceeding Ten Million Dollars($10,000,000)in any single undertaking;giving and granting unto said Attorneys)-tn-Fact full power and authority to do and to perform every act necessaryrequisite 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 Attomey(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 SURETY AND INDEMNITY COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named 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,auttiorized'to attest the execution of any such Power of Attorney; 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 have severally caused these presents,to be signed by their respective Presidents and attested by their respective Secretaries this 3rd day of December,1889. „srnrrspty♦r DEVELOPERS SURETY AND INDEMNITY COMPANY qtr('t AtVD /qri�; ATTEST ,. yl .�pppRgl'•'�+y .LU_ + •— s j.: 1936, a�= BY- ldltow Harry Crowell Walter Crowell _ _'_�•.r«rn.:�rrr•�'"'����» President 1 Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On December 3,1999,before me,Caroline A.Hrycyk,personalty':appeared,Harry Crowell and Waiter Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose names)is}are subscribed to the within Instrument and acknowledged to;me that he/sheltheyexxecuted the same in histherltheir authorized capacity(ies),and that by his/her/their signatures)on the instrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument. WITNESS my hared'and official seat. p CAROLINE A.HRYM 23 t fi!G Q*my COMM.N 17$99 5lgnature , Notary Public - California ORANGE COUNTY CW7 Comm.Expires OCT 12,2003 CERTIFICATE The undersigned,as Senior Vice President of DEVELOPERS SURETY AND INDEMN17Y COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full 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 of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of irvine,California,this 26TH day of FEBRUARY 2002 DEVELOPERS SU AND INDEMNITY COMPANY .+��gNrANI?YE'p=O. 3 4�pP0q�F�j,r `W By oa 153 ,y•>, b . Law re iron /O W P �►,» io Vice President hrrrr,fny„sr' DSI-019(REV.12199) 2/26/2002 N. AM. $42 8239 Tax Collector's Office t Wilda J.Poitacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room'100 P.4.Box 631 Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector 0063 (925)646-4122 County Ity Joslyn Mitchell (925)646-4935 FAX Tax Operations Supervisor `r Date: 2/26/2002 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 260$) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract I MS`# City T.R.A. 1239 ALAMO 66397 Parcel#-. 162-210-005-0 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2001-2002 tax lien hes been paid in full` Our estimate of the 2002-2003 tax lien, which became a lien on the first day of January, 2002 is $23,600.00' This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision band must be presented to the County Tax Collector for review and approval'of adequacy of security prier to filing with the Clerk of the Beard of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector By: COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER 0 TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER.- 4�rJ/ 1For Cash CoNection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORI SUB' ACCT. TASK OPTION ACTIVITY AMOUNT ! TL ! ! ! t l ! f t E 'E t ! L ! i f f ! } -,t { I {- EXPLANATION: TOTAL t r c. DEPOSIT r - Deposit corsists of the following items CONN and CURRENCY $ CHECKS,M.O,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT C _ PERMIT DP cr r NUMBER ## /�x DATE (-t ) l ' 1 4 - ' }1 _ ?V ASSIGNED r:. . The amount of money described above is for Treasurer's receipt of above amount is a d Receipt of above amount is herby. cfesit into the Caunty�Treasury. acknowledged Bignell: 1 1` Signed i ✓1.r Y.. Title: ( EXT, y ty Atx1 Deputy County Treasurer D-34 REV(7-93) f SUBDIVISION AGREEMENT (Government code 566462 and 566463) Subdivision:- o't' � Effective Date: 1 z Subdivider: Gene R Schmidt, Inc. Completion Period: 1 �/ THESE SIGNATURES ATTEST TO Ila PARTIES'AGREEMENT HERETO: .•; CC)MA COSTA CGUNTY SUBDIV-H) Ft J.N ichael Walford,Public Works Director'' By: ILLAZ 71 (-'1 P e 'dent/Secretary/Treasurer REC 1t ',1�APPAL By tsen+t+ 1 gServices ivision nPWAMMatiWt FORM APPROVED: Victor J.Westman,County Counsel" (NOTE,A11 sigut urs to be s&jm ledged. If Subdivider is incorporated,sig natures must conform with the desipaw rgW=U"ve grauPs Pursuant to Cor- pm ions Cade 5313.) 1. MUSS&DATE. Effective on the above date,the County ofContra Costa,California,hereinafter called" " " and the above-mentioned Subdivider.mutually promise land agree as follows concerting this subdivision: 2. DeROV�1vt ZM. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,Landscaping,and such other improvements I(Including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Dalian ent and in conformance with the Contra Costa County Ordinance Code(including future 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 Mapl act(Government Code SS66410 and following),in a good workmanlike manner,in accordance with acceptedd construction practices and in a manner equal or superior to the requirements of County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement pfim and the County Ordinance Code,the stricter requirements shall govern. 3. Upj*Q3ff.hMga SECURTI Y. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County Ordinance Code,provide as security to tate County. A. ForPerrfor anceand fsuarantee: S 4100 _cash,plus additional security,in the amount of A0.4which together total one hundred percent(100%.)of the estimated cost of the work. Such additional security is presented in the form of: :2-A h,certified check or cashiers check. cceptable,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 Pavrnent Security in the amount of S!ice: which is fifty percent(5f}°!.)ofthe.estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check `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 Sub4ivider. ...................... ........... ........................... ........... C. Upon aoocptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amountcurities maybe reduced in accordance with S944.406 and S944.408 of the Ordinance Code. se 4. EANT}W YQF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and ABEAM shall perform satisfactorily for a period of one(1)year from and after the Board of Supmisors accepts the work as complete in accordance with Article 964,6, "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 ESIIABLISHT�' lT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agr=mcnt. Said plant establishment work shall consist ofadequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1) year from and after the Board of Supervisors accepts the work as complete. 6. 1R&QY99EN—T 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 PC sots accepts the work as complete or during the one year guarzintee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work'as promised. 7. NOWAV -4MB-YCQ-UNT Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employtc of the County indicating the work or any part thereof complies with the requirements of this Agreernont,or ne of whole or a= e the any part of pta said work and/or mateirials,or payments,dierefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fu 11 t lfi this agmemen as P"=ribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure comply with Y Of c terms and conditions hereof. to co an th rm 8. MDEND.UY: Subdivider shall hold harmless and indemnify the indemnitecs 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 procceding(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 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 p p dependent on whether or not any Indomnitoe has prepared, red, suppbod,or approved any plan(s)or specification(s)in connection with this work or subdivision,0 r 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. 9. CQSTS: Subdivider shall pay when due,all the costs of the work,including inspections thercofand relocating existing utilities required r ui ed the eby, 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 before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORM-ANCE AND COSTS:If Subdivider fails to complete the work within the time specifiedin 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 Subdivider,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. Subdivider hereby consents to entry on the subdivision prop"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 performance under this Agreement or to recover costs incurred in completing or maintaining the 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. 12. INCORPORATION/ANNEXATION. 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 ofa 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. In consideration hereof,County shall allow Subdivider to rile and record the Final Map or Parcel Map for said Subdivision. =\(—\*s-forrnoAg-30 �R MY: r ........ r.. .................. R."TR ............ ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oaau&V I SS. On QO A&IQ+D2- before me, Y (' , 'DATE) ( y) personally appeared _60\6, LCCA4M IDT SIGNER(S) ❑ personally known to me OR - M proved to me on the basis of satisfactory evidence to be the personfK whose name,, is/ subscribed to the within instrument and acknowledged to me that he%4WA4ey executed the same in his/4ei4rauthorized capacity(ies), and that by his/4o44ko.4 signatures on the instrument the personX, or the entity upon behalf of which the person(e acted, executed the instrument. ALE.,..X fl ICKR ,.• Comm.#1269261 WITNESS my hand and official seal. NOTARY PUBLIC•CALIFORNIA Contra Costa County w +*� MY COMM.Expires July T7 # IIXC) NOTASl6NATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT [__j INDIVIDUAL �R+�AbDIVISION Acuec romfi- +� CORPORATE OFFICER /'C7lC SL6D1V1,S1Qj2 ,39 L a TITLE OR TYPE OF DOCUMENT ice► J' TITLE(S) ❑ PARTNER(S) WE ; ALSM&12 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NONE .DATE OF DOCUMENT ❑ OTHER: OTHER m_ m SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF,P.E.R/S�ON(S)OR ENTiTY(tE5) OF � _CH,10 Icu;.. )tt1G SIGNER 0 0 APA 5/99 VALLEY-SIERRA, 800-362-3364