HomeMy WebLinkAboutMINUTES - 03262002 - C15 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on March 26,2002 by the following vete.
AYES: Supervisors Gerber, Uilkema, Glover and Gioia
NOES: None
ABSENT": Supervisor Mark DeSaulnier, District IV
ABSTAIN: None
RESOLUTION NO. 2002/ ,175
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for SUB 8002
being``developed by Shapell Industries of Northern California, Danville area.
(District III}
The following document was presented for Board approval this date for, SUB 8002
located in the Danville/Tassajara area.
A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of
Northern California, developer, whereby said developer agrees to complete all improvements as
required"in said Subdivision Agreement (Right of Way Landscaping)'within one year 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:'
I. Cash Deposit
Deposit Amount. $4,196.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 382773, March 7, 2002
TR/cw I hereby certify that this is a true and correct copy of an
Originator:
orks(E3 zs o2\stta�saoz BO-ls.aoc action taken and entered on the minutes of the Board of
Originator: `Public Works(ES)
Contact: Teri Ric(313-2363) Supervisors on the date shown.
cc: Pubic Works- T.Bell,Construction
Current Planning,Community Development
T-01/26/03(PI) ATTESTED: March 26 2002
Shapell Industries of Northern California
100 North Milpitas Blvd, JOHN SWEETEN,Clerk of the Board of Supervisors and
Milpitas,CA 95035 County Adlnlinistrator
Alt:Steve Savage&Sam Warden
American Casualty Company of Reading,Pennsylvania
22650 Oxnard St.,#60€7-4
Woodland Hills,CA'91367
BY r•� ,Deputy
RESOLUTION NO.2002/ 175
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for SUB 8002`
being ,developed by Shapell Industries of Northern California, Danville/Tassajara
area. (District III)
DATE: March 26, 2002
PAGE 2
II. Surety Bond
Bond Company: American Casualty Company of Reading Pennsylvania
Bond Number and Date: 929206143,February 28,'2002
Performance Amount: $419,600.00
Labor&Materials Amount: $209,800
Principal: Shapell Industries of Northern California
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,
RESOLUTION NO, 2002/175
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
y jckgz,nimtio„)
1 } L1 tt11� 1J
(For"Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUNDjORG. ACCT. TASK OPTION ACTIVITY AMOUNT
:5e C'. f'f. i)`� q613 l A?i4 &A o/
t
t
t
t
c
3
I
t
I
$ 1
I
t
1
l
t
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3
3
1
EX6 NATION: I TOTAL $
� a� (-7 (?' Pi4l - C j yep i 1.',f}l DEPOSIT
Deposit consists of the following ite s
COIN and CURRENCY $ `
CHECKS,M.O.ETC: $ r
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT Qp_
NUMBER R7 L
DATE
ASSIGNED
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.
"1 a' 1
! r j I T
Signed:_._.�, I-�"�"' Date � !
Signed: Signed: �}
Title: }> 1 �A'iC EXT." uty Co ty vditarputy°County Treasurer
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SubdivWon. Tract 8002-Wendt
Bond No.., 929206143
Premium. $1,469.00
Fop.PuBuc .1GHT€3F W.NY,LAN,DSCAPE AGREEMENT
(Performance,Guarantee,and.Payment)
(California Government Cade Sections 66462 and 6 63)
1. RIwCiTAL OF tt 1Cri�l"+E?Vl l i ': Ibe Principal has executed an agreement with the County to histall
and pay for public right of way landscaping, and'other related irrpovements in Subdivision Tract 8Q02
gVendt as specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the tirm specified for completion in the Subdivision Agreement(Right of Way
Landscaping), all in a rdance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for. said Subdivision.
2. rZA ; Sha ell Industries of Northem CaIrfomial A Division of Sha eA industries Inc. ,asl'iitrc 1,aw-
6MCdcanCaggiijallycompanyof Reading- Eennsylvania . ,
_,a corporation organized existing un&r'the laws
of the State of EA ,and audiorized to transact surety business in Caffbinia,
as Surety,hereby jointly and severally bird ourselves,out heirs,executors,'adtrrirtistrators, successors, and
assigns to the County of Contra Costa,California to pay it:
A. Performance and Guarantee: Four Hundred Nineteen Thousand Six Hundred Dollars and 00/100
Dollars($ 419,600.00 i for itself or any city assignee under the above County
Subdivision.Agreerr rt,plus
B. ,payment, Two Hundred Nine Thousand°Eight Hundred Dollars and 00/100
Dollars S 209,800.00 >,to serve the claims tc)whichref ince is grade in Title
XV (Corawnt ing with Section 3082) of Part 4 of Division M of the Civil Code of the State of
Califoinia
3. CorigrtlmoN:
.. "l1v Coo tion of tl*obligation as to Section 2.(A) above is such that if the.above bounded Principal,
as :)r its heirs,"executors,administrators, swxessors or assigns, shell in all things s}.end to ami abide
! md'well and truly keep and perform the covenants, conditions and provisions in the said
rYrez}t and any alteration thereof mnade as therein provided, on is or its part, to be kept and
—6 ormed at the time and in the n anner therein specified,and in all:respects according ordi to their true
intent and meaning, mid shall indenx fy and save harmless the County of Contra Costa. (car city
assignee), its officers,agents and employees, as Herein stipulated,then this obligation s an c o
Trull and void;`otherwise it~hall be and.r.e.main in hill forev and effect.
As part of the obligation secured hereby and in addition to the faceamount specified diereibre,fliere
shall 'be included Casts and reasonable expenses and fees, including reasonable attorney's fes,
incurred by County for city assignee)in successfully enforcing such obligation,all to be taxed as costs
and kw1ucled in any judgement rendered.
B. The caandition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate: surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors,laborers,materiel nren and other persons employed in the performance
of the aforesaid agreement and refer to in the aforesaid Civil Code for niaterials wished or labor
thereon of any kind,or for aux ows clue under the Unemployra nd Insurance Act with respect to such
work or labtar,that said suety will pay the sanire in an amount not exceeding the amount herein above
set fordo, orad also in case suit is brought upon this band, willpay, in addition.to the fact aunt
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred.by
County(or city assignee) in suuccessfuully enforcing such obligation, to be awarded axed'fixed by the
court, and to be umW as costs and to be included in ft'judgement ement therein rendered.
It is hereby expressly stipulated and agreed that this bond Miall inure to the bmiefit of any and all
persons,con4m es and corporations entitled to file claims wider Title 15 (conimit cnrg with Section
30182)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to diem or their assigns
ur any suit brought upon this bond.
Should the condition of this bond he fully performed then this obligation shall become lull and void,
otherwise it shall be and remain iu full force and effect,
C. No alteration of said subdivision agreer»t or any plan or specification of said work agreed to by die
Principal,and d1,County shall relieve any Surety from liability on this bond,and consent is hereby
given to make'such alteration without further notice to or coment 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.
SIG D&ISM SPALEDon February 282002
Shapeli Industries of Northern
PRINCIPAL.-California,A Division of Shapell Industries,Inc. SURETY,# American Casua4 CornE2ny of Reading,Pennsylvania
Address: ..100 North Milpitas Boulevard Address. 216 Cxkxd St., #600-4
Cady: M s Zipc 95035 City: t3 Hillip1367
By: 1 By.
Print Name: abs Print Name-, Marie A. Cook
Title, 1 C e— @ti t c�c'n.�-r"' Title: At rne,Min-Fact
:mw
ATAV(:trpLhrtuTr4$,eF tmsxUN'J ORDILid•1.2rt.irx.
CAL#PORNIAALL4KNUKWACKNOWLXDQMBNTra sir
state Gni r,--N
city of
On Februa 2y8 f 002 b ro mg,VATuu}�ttV�pMIR(y 0�.WWbi !a •�Yn yF��ty y�3Ma nVKWC-
�^ e
personally appeared Marie A. Cook
NAf SOV0it81Ci�lEhl$}
morally known to Me - OR ;
to be theperson(s) whose name(s) ism
subscribed to the within lnWument and ac-
knowledged to me that)Wshefter executed
the same In 4vWher/theme authorized
capsctty(ies), and that by 4vWherAb* r---
signature(s) on the instrument the person(e),
or the entity upon behalf of which the
64ANICET,KRUSE person(s) slated, executed the Instrument.
Camrnnisslan#1318697'
Notary Public.Calif6mia
Santa Clara Coun � ` t1"t
1*YCWmEWWAW24!Z)W and and of!fl Sl seal.
ATUMOF NOMY
tOMAL�
Though to df►bob*is na mpked by lav,It may pwa valuaWs to per a re"V an'tt'*e docuivattt sod could p ent
fmidukw moffuhm"rit of this form.
fi 'ACITYLri W"" BY SIGNER DESCRIPTION t F ATTACHED DOCUMENT
0 *OMMLA
CORPORATE OFMCER TfYN
TITLE tit TYPE DOCUMENT
'"r` cis fi &.T- , ")C
❑ PARTNER(S) 0 i.tmrrm � ���-t_
0 GENERAL
AT'Y RNEVN-FACTNUMSM OF PAGES
K-TAUSTE.Ets)
EJ GUAt At+ MMATOR
13 aTHW
DATE OF DOCUMENT
MSMM ox
StGIVs}0T EA THAN NAMED ABOVE
+sr r�riu.t�'rx�nr�'rK�v•s�t[wnun�t xw.,l+.t�. ri s4 cenoga Cs►snaa�r-�t�t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
a
State of California
ss.
County of
On before me, INE'•-- i
Oatf ( Name and Title of Officer(e.g.,'Jane Doe,Nota�Pub- Iic")
personally appeared
Namets)of Signer(s)
7
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/arm•
subscribed- to the within instrument and
acknowledged to me that he/aheA"executed
the same in his/UsAheir authorized 1
capacity(ies), and that by his/490 ei
JANICE T.!CRUSE
_ Commission#1349697 � signature(s)on the instrument the person(s), or
Notary Public-California y the entity upon behalf of which the person(s)
Santa Clara Countyacted, executed the instrument.
MyCortyn,Expires Aug 24,2W5
WITNESS my hand and 'cial se i
Signature of Notary Public 7
i
ti
DPT }
Though the information below a not required by law,k 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 W e 0Z
Title or Type of Document: fr '
Document Date: 2- Number of Pages: '
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer
Signer's Name: {'
❑ Individual Top of thumb here
El Corporate Officer=Title(s):
El Partner—❑Limited ❑General
❑ Attorney-in-Fact
El Trustee
Cl Guardian or Conservator
Other:
Signer Is Representing:
01999 National Notary Association-9360 De Soto Ave.,P.O.Sox 2402•Chatsworth,CA 91313-2402 www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876.6827
POWER OF ATTORNEYAPPOINTING INDIV'IDUAL.ATTORNEY-IN-FACT
Knew All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Encis corporation,NATIONAL.FIRE INSURANCE
COMPANY OF HARTFORD,a Connecticut c*rperatian,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a'PennsyWarda
corporation therein collectively called*the CCC Surety Cornpanissl,are drily=Varuzod and existing orations having their principal offices in
the City of Chicago,and State of Imo,and that they do by virtue of the signature and seals herein affixed hereby make,c arhstrtute and appoint
Marie A Cook,Indiv'
of Mapitm CalZttia
their true and lawful pourer and��hority;oreby oorftred to vip,seal and execute four and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
In Unlirnit ed Arrtoarrhts
and to bind them thereby as A*and to the same extent as if such instruments were signed by a duly auftr ized officer og their oorparatfons and
as the acts of said Attorney,pursuant to the authority hereby Igen arse hereby ratified and confirmed.
This Power of Attorney,is made and executed.pursuant to and by authority of the By-Laws andL Resolutions,printed on the reverse hereof,
duly adopted,as indicated,by the Boards of Directtors of the corporations.
In%Vtness Whereof;the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate,seals to be hereto afftxaed on this I tti day of June 1998
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
jar 21.
SEAL ME
IlMamn J.Cashion Group Vice President
State of Mirtois,County of Cook,ss:
On this 'Ift day of June 1996 ,'before me personally tare
Marvin J.Cashion,to me known,who,tieing by me duly swo+ ,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 FIDE INSURANCE'COMPANY,OF HARTFORD,and
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA descn"bed in and which executed the above instrument;iftat he knows tact
seals of said corporations;tat the seals affixed to the said it frurnent 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 thersto pursuant to ft authority,and acknowledges same to
be ttte act and deed of said c orporatoras.
IrY
"M
UC
My Commission Expires March 6,20M Mary Jo Abel Notary Public
CERTIFICATE
!,Mary A. Ribikawskis,A-Aistant 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 forces,and further certify that the By-Law and Resolution of the Beard of Directors of each corporation printed Lon the
reverse hereof are still in force.In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
taus day of
CONT'INEN'TAL CASUALTY COMPANY
�;l�' G'y sMSUlte c"e� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
t, r, AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
ro �
o SEAL
i
'x1197
Mary A.Ribikawskis Assistant Secretary
x.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 author of ftp fallowing Sy-Law duly adopted by the Board of Directors of
the Company.
uArticde 0(-. It bn of Documents
Section 3.Appointment of Attorney-fn-fact The Chairman of the Baird of Directors,the President or any Executive,Senior or Group
Vice President may:from time to time,appoint by written xxrtifroates attcrneys-Wt-tact to actin betralf cf the Cnrnparsy in the ercaoutir�n of
policies of insurance,bonds;undertakings and other obligatory instruments of like nature Such aftrneys4n-fact subject to IIIc lanilad"
set forth in their respective cadificates of authority,shall have full power to bind the Corry by their signature and execution of any such
h"uments and to attach the seal of the Corry thensto.The Chairman of the Board of Directors,the President or any Executive,lSenior
or Group Vice President or the Board of Directors,may,at anytime,revoke all power and authority previa given'to any attcirrrey-in-tact:
This Power of Attorney is signed and sealed by facsimile under and by the sutncritlr of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held an 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
of toad by facsimiie'on any power of attorney granted pursuant to Section 3 of Article IX of the By-laws,arxf 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 soexecuted and sealed and
erred by certificate so executed and sealed'shalt,with respect to any bond or undertaking to which it is attached,'continue to be valltl
c 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 foileowing By-Law duly adopted by the Board of Directors of
the Company.
"Article YJ—Execution of Obligations and Appointment of Attorney4fk-Fact
Section 2 Appointment of Art meywin-fact.The Chairman of the Board of Directors,the President or any Executive,Senor or Grog
Vice President may,from time to time,appoint by written ce,dfi= attomeys-irrtact 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=n-fact,subject to the 11mi€ations
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 them.The President or any Executive,Senior or Group Vice President may at any tune
revokeall 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 an 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 Signatuure c�the Secretary or
an Assistant Secretaryand the seal of the Company may be affixed by facsimile to any eertifie a of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any surch:power so executed and sealed and
certified by certificate so executed and sealed shag,with respect to any bond or undertaking to which it is attached,,continue to be valid and
binding an 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 Vim President of the Corporation may,from time
to time,appoint,by written certificates,Attorneys-n-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 Atxorr►ey-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 Attomey4n-Fact'
This Power of Attorney is signed and sealed by facsimile undrrr and by the authority of the foilovving Resolution adopted by the Board of
Directors of the Company at a meeting duly caged and held an the 17th day of February,i9°.,3'.
'RESOLVED:That the signature of the President,an Executive Vice Pr+-aident or any Senior or Group Vice President and the seal of
the Corporation may be affixed by facsimile on any power of attomey granted pursuant to the Resolution adopted by this Board of Directors
on February 17,1983 and the signature of a Secretary or an Assistant'Secretsry and the seal of the Corporationmay 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 an the Corporation."
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: 3002 Effective Date: 3126/0
Shapell Industries of Northern California,
Subdivider: a division of Shapell Industries.-Inc- Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA QQJ%TA COUNTY SUBDIViDER: (Name and Title)
Maurice M. Shiu,Public Works Director Shapell. Industries of Northern California
By:e a U. rue5riag7e
RECOMM ENDED FOR APPROVAL: Asst. Vice President
By:
Engineering S Os s i io c, :, ,h s�v�> est.
k i�Ietphal'
FORM APPROVED: Victor J.Westman, County Counsel Secretary
(NOTE:All Signatures to be acknowledged. if Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Cade§313.)
1. PARTIES DA, 'Effective on the above date,the City of County,of Contra Costa,California,hereinafter called"Cour "and
the above-mentionedivlft,mutually promise and agree as follows concerning this subdivision:
2. IMPQUFM`NT Subdivider agrees to install certain road improvements(bath public and private),drainage improvements,,
signs, street lights, fire ydrarrts, landscaping, and such other improyernefft (including, appurtenant equipment) as required In the
improvement plans for st bdi. siori.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).
Subdivider shall complete said work and improvements(hereinafter called''WoWl)within the above completion period from date
hereof as required by the Cafornia Subdivision Map act(Government Code§§66410 and following),in a odd workmanlike mariner,In
accordance with accepted construction practices and in a manner equal or superior to the requirements othe County Ordinance Code
and rulings matte 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:
Foe P rf ce and Guarantee: $ 41196.00 cash,plus additional security,in the amount'
of$ 41�;6p0• 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 Pavmertt Security in the amount of$ 20,91$00.00 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.
4, GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in materialor
workmanship and'shali perform satisfactorily for a period of cine-year froth and after the Board of Supervisors accept the work as compete
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 mad
system.
5, PLANT ESTABLISHMENT WC7RK. 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 other pest control and other work determined;by the Public Warks Department to be necessary to insure estaslt€rertt of plants.Said
plant establishment work shall be performed fora period of one-year from and after the bard of Supervisorsaccepts the work ascomplete.
At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. iMPROVgMENT 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'#ime before the Board of
Supervisors accepts the work as complete or daring the one-year guarantee period,said Improvement plans prove to be Inadequate in
any respect,Subdivider shall make whatever changes to necessary to accomplish the work as promised.
7. N4 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,shat/not
relieve the Subdivider 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.
$. jjVDEMNIIY: Subdivider shall hold harmless acid indemnify the indemnitees from the liabilities as defined in this section:
A. The in mrd benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of
these,and regardless of whether or not such liability,claim or damage was unforeseeaba at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any sins),action($),or other proceedin&.)donceni ig
said liabilities and claims,
C The actions causing Igbilb 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. N4:n-Condi'ons: The promise and agreement in this section are not conditioned or dependent on whether or riot any
hxlemnfied haspared,supplied,or approved any ptan(s)or specifrcati (s)In connection w h this work.or subdWislon,or has insurance
or other Indemn�rcatkin covering any of these matters,or that the alleged damage resulted or, form any rtegiloento€uuil�ul misconduct
of any indemnity.
9. COSTS: Subdivider shall pay when due,all Me costs of the work,including inspections thereof and relocating existing utilities
required thereby.,
10. SUVV
PSubdivider shall sett and establish survey monuments In accordance with the filed reap and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NONPERFORMANCEAND CA TS: If Subdividerfalls 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 thework by contract Qr
otherwise,and Subdivider agneas to pay all costs and charges incurred by the Courtly(including,but not
limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event
the County proceeds to complete andfor 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. INCORPORATIONIANNEXATtON 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 annextrig 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:
AwAap
G.tGryOalaT-ngSvoFomis%AG WORDIAG-30A.due
Rev,May 18.2001
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss. '
County of :N-"F1 CLP, 1
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! - sv e '4 -
On before me,
ate 1 Name and Title of Officer(e.g.,`Jane Doe,Notary Public-)
personally appeared V,
Nama(s)of Signer(s) !
V personally known to me
Cl proved to me on the basis of satisfactory
evidence
t to be the person(s) whose names),4siare
subscribed to the within instrument and
acknowledged to me thathel4shefthey executed a
the same in *isf their authorized -
capacity(ies), and that by bisl eMheir
signature(s) on the instrument the person(s),or
JANICE T.KRUSE
Commission#1318697 Z the entity upon behalf of which the person(s)
5 Notary Public-California acted, executed the instrument.
z Santa Clara County
NyComm,EjollesAug 24,2M5ITNESS my hand and oflici i sear.
Signature of NotaryPublic ^
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
Tittle or Type of Document: i-+t c _ GIP eCeo\,LFA to-o S C< /k) .7& F3 GO-+ ,
Document Date: ) L5 - Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer
(
? Signer's Name:, )
0 Individual Top of thumb here
0 Corporate Officer—Title(s):
0 Gartner—0 Limited 0 General
0 Attomey-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Association•9350 Da Soto Avo.;P.O.Box 2402•Chatsworth,CA 91313-2402•.www.nationainotary.org Prod,No.5907 Reorder:Call.Toll-Free 1-800-878.6827