HomeMy WebLinkAboutMINUTES - 04272004 - C6 TIDE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 27, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 222
SUBJECT: Approval of a Substitute Subdivision Agreement, Subdivision. 7998, San Ramon
area. (District III)
The following document was presented for Board approval this date:
A substitute Subdivision Agreement with Western Pacific Housing,Inc.,subdivider,whereby
said subdivider agrees to complete all improvements as required in said Subdivision Agreement
within one year from the date of said agreement;
Said document was accompanied by the following:
Security to guarantee the road and drainage improvements as required by Title 9 of the
County Ordinance Code, as follows:
a. Cash deposit (Auditor's Deposit Permit No. 423016, dated April 15, 2004 in the
amount of$32,886.00, made by Western Pacific Housing, Inc.
b. Additional security in the form of a corporate surety bond dated March 30,2004,and
issued by Safeco Insurance Company of America(Bond No. 6260526)with Western
Pacific Housing, Inc. as principal, in the amount of $3,255,714.00 for faithful
performance and$1,644,300.00 for labor and materials.
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G:\GrpData\EngSvc\BO\2004\04-27-04\SUB 7998 BO-24.doc
Originator: Public Works(ES)
Contact: Frank Navarro(313-2264) 1 hereby certify that this is a true and correct copy of an
ID 95-4887164 action taken and entered on the minutes of the Board of
cc: Public works Accounting
-Construction Supervisors on the date shown.
J.Dowling,Engineering Services
Western Pacific Housing,Inc.
6658 Owens Drive,Pleasanton,CA 94588
Attn:Craig Champion ATTESTED: APRIL 27, 2004
Safeco Insurance Company of America JOHN,SWEETEN Clerk of the Board of
2055 Sugarloaf Circle,Duluth,GA 30097 , Supervisors
HCV&Associates,Ltd. and County Administrator
222 Kearny Street,Suite 550,San Francisco,CA 94108
American Motorists Insurance Company
7470 N.Figueroa,Los Angeles,CA 90041 By ,Deputy
Kimberly A.Travernier
c10 Willis of Florida
6200 Courtney Campbell Cswy.,#300,Tampa,FL 33607
RESOLUTION NO.2004/ 222
SUBJECT: Approval of a Substitute Subdivision Agreement, Subdivision 7998, San Ramon
area. (District III)
DATE: April 27, 2004
PAGE: 2
All deposit permits are on file with the Public Works Department.
NOW THEREFORE BE IT RESOLVED that said substitute Subdivision Agreement is
APPROVED.
BE IT FURTHER RESOLVED that the Subdivision Agreement with HCV&Associates,
Ltd., as approved by the Board on January 15, 2002, is TERMINATED, the improvement security
bond with American Motorists Insurance Company is EXONERATED and the Public Works
Director is AUTHORIZED to refund the cash deposit(Auditor's Deposit Permit No. 379205,dated
December 24,2001)in the amount of$32,886.00,plus interest in accordance with Government Code
Section 53079, if appropriate, to HCV &Associates, Ltd.
RESOLUTION NO. 2004/222
APR.27.2004 9:29PM CCC PUBLIC WORD Ssff PIRIT N0.9672
OFfICE OF COUNTY AUDITOR- ?NTROLMR
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EXPLANATION; 'COITAL 11
' f Deposit mists of 00 following I+� ( ��
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Sigrod. Signed;
Ti . (" I EXT . !' 2!!Ly County Auditor [ Pah'Cody Traosw es
FSPR.27.2004 Sa 30PM CCC PUBLIC k4O4-SjS`T ptRMIT
O OF COUNTY At TOR-CONTROL. R
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TECENED FROM /
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(For Gssh Cciir,etian Proctdr m see County Adrriit4t-w'&9ultin 105.)
DESCWTION FUNDlOMMA ACCT TASK' ON ACTIVITY AMOUNT
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FOR AUDITOR-CONTROLLER USE ONLY
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DATE
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The omaunt of nwmey deseitd above is for Tt awmes rr~catpt of above amew*is approved Receipt of ob amount is homby
epoO into the Ca Treast ry
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Date /
Ttl ( Deputy County Audiiar Deputy County Tmasurerr�' -- ��'ExT; - �''
! I ! rx Yu�11 .mtu
APR.27.2004 3:30PM CCC PUBLIC WORKS NO.967 P.4
819800-0800,61123016, $3Z.W6 , 50 7998, Performance Cash Band,
WIestern Pacific Houing, 6658 Owens Drive, Pleasanton, CA 94588
0649-9665 / 831000: &1123017, $1.QqG 00, MS 15-02, COA Compliance
Check, Phillip & Lori Wolfe, 6000 Johnston RD, Pleasanton, CA 94588
0649-9665 / 831000: G1123020, $50,M.00, DA 0030, Plan Check &R 111,
5hapell Industries of Northern California, PO Box 361169, 100 N, Milpitas
Blvd, Milpitas, CA 95035
0649-9665 / 831000; G1123021, $Q90.00, DA 0029, Balance Hydrologics,
Inc, 841 Folger Ave., Berkeley, CA 94710
0649.9665 ! 831040: G1123027, $5{10.10, Subdivision #'s
8571,8572,8577,8578,8579, Certificate of Correction Review, Hoffman
Land Development, 1380 Galaxy Way, Concord, CA 94520
ISSUED IN TRIPLICATE
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Slily'ilftion: #7998
Banti[No.*, 6260526
Iiv PROVEMENT SECURITY BOND
Fo SUBDIVISION AGREEMENT
(Performance,Guarantee and Payment)
(California Government Code§ii 66499-66499.10)
L 8=UAL0F&WpW=AQgM= The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in
SubdiviSIM #7998 ,a8 specified in the subdivision agreement and to complete said wont within
the time specified for completion in the subdivision agreement,all in accordance with State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final neap or parcel reap for said
subdivision.
2. U&MAMI intern Pacific Housing, inc.----- as principal and
SAPWO Insurance COWanX of America _ , a corporation organized and
existing under the laws of they State sof - Frashwgton and authorized to transact surety
business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executers,
administrators,successors and assigns to the County of Contra Costa,California to pay as follows.
Three Million, Two Hundred Fifty Five Thousand,
A. Perft)I`nk ee and Guamiatee., Seven Hundred Fourteen and no/1001-- - - - - - - - - - - - -
Doltars($3,255,714.00- -_-— - - - - --)for Contra Costa County or any city assignee under the
above County Subdivision Agreement.
B. PayMent:0ne Million, Six Hundred Forty Fbur_Thons= ,, Three hundred and no/100- - - Dollars
( 1,644,300:00- - - - - - - - - -- -)to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. –QQkg?jUM1
A. The Condition of this obligation as to Section(2.A.)above is such that if the above banded 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,thea
shall be included reasonable casts,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 casts and included in any judgement rendered.
B. The condition of this obligation, as to Section (23.) above, is such that said principal and the
undersigned, as corporate surety, ere held firmly bound unto the County of Contra Costs and all
contractors,subcontractors,laborers,material mann and other persons employed in the performance of
the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials
furnished,labor of any ldnd,or for amounts due underthe Unemploymentbourance Actwith respect
to such work or labor and that said 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 shell inure to the benefit of any and all
persons.companies and corporations entitled to rile claims under Title 15(commencing with Section
3%2)of Part 4 of Division 3 of the Civil Coda,so as to give a right of action to them or their"signs
in any suit brought upon this bond.
Should the work under conditions of this bond be fully performed,then this obligation shall become
mull 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 warp agreed to by
the principal and the County of Centra Costa(or city assignee)shall relieve the surety from liability
on this bond,and consent is hereby given to make such alteration without fuithOr 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 the principal whenever
taken.
i'�=MM S&ALM on arch 30, 2004
I'RtI'QCIpA1L: W ern Pacific Housing, Inc. SU�rV, SA,F€CO Insurance Company of America
�Lddr 66: 58 ens i AddreSS: 2055 Sugarloaf Circle
City: p as n 94588 Gity: th .�A Zip. 30097
By: f . By:
Print Name: st`N L 1 COW= Print NaMe Kimberly A. Tavernier, Attorney-In-Fact
Title: C/o Willis of Florida
Title: Attorney-in-Pact 6200 Courtney Campbell Cswy., #300
Tampa, FL 33607
(813) 281-2095
101MW NP
tit v. mMBN WORMN-12,dvc
r�iAli,•�'J91
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
On April 7, 2004 before me, Wanda Lawrence, a Notary Public in and for said State personally
appeared Edward A. Gallgher, personally known to me (or 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.
WITNESS my hand and official seal.
WANDA LAWRENCE
�g COMMISWON 1w4m
NOTARY FUBUC-CAUFOWtA
ALWEDA GQUNTY
Wanda Lawrence -my awstow e4e.Wy to.2i�06
Notary Public - Commission No. 1304023
My Commission Expires: May 10, 2005
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA
COUNTY OF HILL.SBOROU "'H SS.
On this 30th day of March, 2004 before me, personally came
Kimberly A. Tavernier, who is personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person who executed the within Instrument as Attorney-In-Fact
on behalf of Safeco Insurance Company of America, and
acknowledged to me that he/she executed the within instrument
on behalf of said surety company and was duly authorized to
do.
In witness whereof, I have signed and affixed my official seal on
the date in this certificate first above written.
r
Signature -
Margere A. Cinem — -
OFFICIAL SEAL
MARGARET A. MEl
Notary Public State of Flo
Comm.#DD 176563
Comm.Exp.Jan.8,2007
This area for Official Notarial Seal
J /'�� POWER SAFECO INSURANCE COMPANY OF AMERICA
♦.r V GENERAL INSURANCE COMPANY Of AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 99185
No. 10171
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby
appoint
***«****«*****«****«JAP✓IES W.DUNN;DAVID H.CARR;KIMBERLY A.TAVERNIER;ANETT CARDINALE;LINDA J.MEYER;Tampa,Florida**********************
its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 13th day of September 2002
CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13.-FIDELITY AND SURETY BONDS...the President, any Vice President,the Secretary,and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted,July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(1) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
I,Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that
the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true
and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this 30th day of March 2004
ve
CE +
SEAL ' SEAL T
1953 182%
of of CHRISTINE MEAD,SECRETARY
S-0974/SAEF 2101 9)A registered trademark of SAFECO Corporation
09/13/2002 PDF
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACTOF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAI=ECO
Insurance Company of America, General Insurance Company of America, First
National Insurance Company, American States Insurance Company or American
Economy Insurance Company), it is our duty to notify you that the Terrorism Risk
Insurance Act of 2002 extends to "surety insurance". This means that under certain
circumstances we may be eligible for reimbursement of certain surety bond losses by
the United States government under a formula established by this Act.
Under this formula, the United States government pays 90% of losses caused by
certified acts of terrorism that exceed a statutorily established deductible to be paid by
the insurance company providing the bond. The Act also establishes a $100 billion cap
for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses
on some or all of your bonds may be subject to this cap.
This notice does not modify any of the existing terms and conditions of this bond, the
underlying agreement guaranteed by this bond, any statutes governing the terms of
this bond or any generally applicable rules of law.
At this time there is no premium charge resulting from this Act.
Ft7R. 1.2004 2:35PM GCC PUBLIC WORKS
N0.524 P.2 ,
SUBDMSION AGREEMENT
(Govemmeat Code§66462 and§66463)
Subdivfsiona � $ rt' �?
Effective bate: 4_ ,at 1. =46dfr `- Completion Period: z year
THESE SIGNATURE$ATTEST TO THE PAR'T'IES'AGREEMENT REMO'
P-PliCIPAL
Maurice M.Shiu,Public Works Director
tea.
By;
�"""k a�"t`j iattl�¢tit r7 � • � G�i`e2
RBCt3�M; 7EF3 l:~Olt APl'Rt�Atr
By: ts;s„�rwr?
Ei+gincering Services ivision t►r."e„wm er
ED"AppROMVictor 1.Westman,County Counsel (NOTS: .%tl sutures to ba acknowledged. If Principal is incorpor&W,
signatures must conform with the designated represepcitivt:groups pt rtmt to
Corporations Code$313.)
I, PAF T SS Ae gATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Q rt "and the above-mentioned
dngiraat.mutually promise and agree as follows concerning this subdivision:
2 LMtPOV-S?A-RNTS, Principal agrees to install certain road improvements(both public and private),drainage improvements,sits,street lights,
fine hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plaits for this subdivision as
reviewed and on Rte with the Contra Costa County Public Works Department and in conformaance with the Contra Costa County Ordinance Codc
(including future atrterulmetits thereto).
Principal shall complete said work and improvenuuits(hereinafter called"work")'within the above completion period£roan date hereof,as
required by the California Subdivision Map act(Government Code 1166410 and following)in a good workmanlike marmer,in accordanaewith accepted
construction practices and in a manlier equal or superior to the requirements ofttic County Ordutance Code and rulings trade thtsrt under;and'wherc there
is a conflict between tate improvement plans and the County Ordinance Code,the stricter requircments shall govern,
3 IMPROVEME1M SECLS . Upon executing this agreement, Principal shall,pursuant to Government Code §664913 and the County
Ordinance Codc,provide as security to the County:
oLb cs
A. hair,P'i;rfot�c8 and CiuMntec: S 72 6 'rt ---- cash,plus additional security,in the amount.S
which together total one hundred percent(1110%.)of the esti &ted cost of_"the work. Such additional security is presented to the faint of`
Cash,certified check or cashiers check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees performance under this agreement and mainteriance of the work for one year atter its completion and
acceptance against any defectivc workmanship or materials or any unsatisfactory performance.
B, For PLvrjMv Security in the amount:S / r ,? .which is fifty percent(SO°l.)ofthe estimated cost of the work
Such security is presented in the form of
Cash,certified check,or cashices chick
Acceptable corporate surety band.
Acceptable irrevocable letter of credit,
With this security, Prizscipal guarantees payment to the contractor,subcontractors and to persons rentmg equipment at furnishing labor or
materials to theirs or to Principal, Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount
securitio may be reduced in accordance with§94-4,406 and§94-4.408 of the Ordinance Code.
s'R. f.2004 2:35Pt, CCC PUBLIC WORKS
NO.524 P.3
4. QUA, 1AEAI'+lD'4tU6R NiOF' TCIIt C. Principal guarantees shat said work shall be free from defects m rrzstarial or workmanship end
shall perform satialiactorily 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, Principal agrees to correct,repair,or replace,at P'rincipal's openst,any defects in said work.
'Me guarantee period does not apply to road improvements for private roads,which Ara not to be accepted into the County road system.
S. PLAM,135TA I SHbO&T . principal itgrees to perform esUblishment work for landscaping installed under this Agreement Said plant
establishment work shall consist of adequately watering planta,replacing unsuitable plants,doing weed,r9dent and other post 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. IMMYEMEW PLAN W&LB ANM. Principal 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:Bond ofSupervisors accepts the work
as complete or during the one year guarantee period,said improvement plans prove to be inadcquatc in any respect,Principal shall make whatever changes
necessary to the plans to accomplish the work as prorrnised.
7, Nt3 WAIVER AY C{?I lN"l"!'. Inspection of the work and/or materials,or approval otwork 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 ofthis Agreement,or acceptance of the whole or any part
of said work andlor materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the.obligation to fulfill this
agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply
with any of the terms and conditions hereof,
8. INI? ITY. Principal shall hold htumless and indemnify the indernnitecs from,the liabilities as defined in this section:
A. The kde i iea benefited and protected by this promise art:County and County's special district,elective And appointive boards,
corttrnissions,officers,agents and employees.
s. The l trta i litit protected against ata any liability or claim for damage of Any kind allegedly suffered,incurred or threatened bemuse of
actions defined below and including personal injury,death,property damage,inverse eoridetruiation,or any combination of those and regardless ofwhether
or not such liability,claim or damage was unforeseeable at any time before 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 agfiQns i 'li are any act or omission(negligent or non-negligent)in connection with the matters cowered by this
Agreement and attributable to Principal,contractor,subcontractor,or any officer,agtnt,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 Indomaitee has
prepared,supplied,or approved any pian(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnifrctttior
covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. 9Q�,,.STS: Principal shall pay when due,all the costs of the wont,including inspections thereof and relocation of existing utilities regyirrtl
thereby.
I Q. 5, &,.V Principal shall set and establish survey monuments in accordance with the tiled map and to the satisfaction of the County Road
Commissionet-Surveyor before acceptance of any work as complete by the Board of Supervisore.
11. NQN-PI.M AMANCS AND t' STS: If Principal fails to complete the wai3r within the time specified in this agreement,and subsequent
extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal Agrees to pay
all costs and charges incurred by County(including,but not iitnited to! engineering,inspection,surveys,contract,overhear!,etc.)immediately upon
demand.
Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds
to complete and/or maintain the work.
(ince action is taken by County to complete or maintain the work, Principal agrees to pay all costa incurred by County,even if Principal
subsequently completes the work.
Should County sue to cornupal perforrnanca under this agreernent or to recover coats incurred in completing or maintaining the work,Principal
agrees to pay all attorney's fees and atl other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to
complete the work.
i z ,R4,i9flAPC7MT1QN/AWSffX_ TTQN- 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,except as provided in this paragraph,County's rights under this agreexrwtit and/or any deposit,frond,
or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights ofs,third party boner,ciary Against
Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally, The provisions of paragraph 8
(Indemerlity)shall continuo to apply in favor of the indawitics listed in paragraph 8A upon any such incorporation ofannexation.
13. }trzt QJP r e e o In consideration hereof,County shall allow Principal to filo and record the final map or parcel map for said subdivision.
RL;MW
itifrrpp1t1t18hitSv apaxxlAGWOAD3ACr10lice
Rev. OCWW 25.9001
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
On April 7, 2004 before me, Wanda Lawrence, a Notary Public in and for said State personally
appeared Edward A. Galigher, personally known to me (or 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.
WITNESS my hand and official seal.
WANDA LAWR9NC
COMMISSION 13W23
Wanda Lawrence NOTARY PUBU0 c�ur�r u
ALWEDA COUNTY
Notary Public - Commission No. 1304023 ^ + .
My Commission Expires: May 10, 2005
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
On April 7, 2004 before me, Wanda Lawrence, a Notary Public in and for said State personally
appeared James D. Gillette, personally known to me (or 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.
WITNESS my hand and official seal.
. . WANDA LAWRENCE
COMMISSION 1304023
NOTARY PUBLIC-CAL3FCfMIA
Wanda Lawrence DA COUN Y
Aly=w'" ri exp.may 10,2fld5
Notary Public - Commission No. 1304023
My Commission Expires: May 10, 2005