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HomeMy WebLinkAboutMINUTES - 03012005 - 2005 RES 97 Recorded at the request of: CONTRA COSTA Co Recorder Office Contra Costa County ` Clerk-Recorder Board of Supervisors GOC-. 200 -0�t"�',26 1-•00 Return to: Public Works Department Wednesday, MW 02, 200 09:48:54 Engineering Services Division FIM $0.90 Tt l Pd $0.08 Nbr-!82580868 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 1, 2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAOLNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NM RESOLUTION NO, 2€04/ 97 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement on North Gale Ridge Road for Road Acceptance RA 98-01083 (cross-reference Subdivision 7790) San Ramon(Daugherty Valley) area. (District III) The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements on Road Acceptance RA 98-01083 have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Shapell Industries ofNorthern California, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. SG:rm G:\Crrpiata\ErtgSvc\BQ\2045\03-01\RA 1083 BO-45.doc Originator. Public works(Es) I hereby certify that this is a true and correct copy of anContact . Records Teri Rip(313�feted 363) action taken and entered on the minutes of the Board of Recording to he completed by COS I.D.95-2578030 Supervisors on the date shown. cc: Public Works T.Bell,Construction Div. -J.Ysmael,Engineering Services Shaped Industries of Northern California ATTESTED: MARCH 0.1 2005 loo North Milpitas Blvd. JOHN SWEETEN, Clerk of the Board of Supervisors and Milpitas,CA 95035 l} Attn:S.Savage,S.Worden,&J.Gold County Administrator American Casualty of Reading,PA 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 City of San Ramon Attn:Chris Low By ,Deputy 3180 Crow Canyon Ph,Ste 140 —� San Ramon,CA 94583 RESOLUTION NO.2004/ 97 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement on North Gale Ridge Road for Road Acceptance RA 98-01083 (cross-reference Subdivision 7796) San Ramon(Dougherty Valley) area. (District IIl) DATE: March 1, 2005 PAGE. 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of March 1,2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY September 21, 1999 American Casualty of Reading,PA BE IT FURTHER RESOLVED the payment (labor and materials) surety for $64,700.00, Bond No. 929097490 issued by the above surety be RETAINED for the six month lien guarantee period until September 1,2005, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on Road Acceptance RA 98-01083 are ACCEPTED AS COMPLETE. Upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period was established on July 13, 2004, and the $1,304.00 cash deposit (Auditor's Deposit Permit No. 337456 , dated September 7, 1999) made by Shapell Industries of Northern California and the performance/maintenance bond rider for $19,215.00, Bond No. 929497490 issued by American Casualty Company of Reading, PA be RETAINED pursuant to the requirements of Section 94-4.446 of the Ordinance Code until release by this Board. RESOLUTION NO. 2404/97 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: March 1,2005 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement, San Ramon Do!!g!e=Valle area. SPECIFIC REQUEST(S)OR RECOMNIENDATION(S)& BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 97 for RA 98-01083(cross-reference Subdivision 7796),accepting completion of improvements for Right-of-Way Landscaping Agreement on North Gale Ridge Road, for project being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley)area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION($): The developer,Shapell Industries ofNorthern California,has completed improvements(right-of-way landscaping)as per Resolution No.991478,dated September 21, 1999. Therefore,the developer is requesting the improvements be accepted as complete to begin the warranty and maintenance period. CONSEO UENCES OF NEGATIVE ACTION: The developer,Shapell Industries of-Northern California,will not have improvements(right-of-way landscaping)accepted as complete and the warranty and maintenance period will not begin. Continued on Attachment: SIGNATURE: COMMENTIA.TION OF COUNTY ADMINISTRATOR 1frtit"4COMMENDA` ION OF BOARD COMMITTEE r APPROVE THER _SIQ NATURE(S). ACTION OF BO ON__ MAR.(;H 01, 2()05 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS Xx UNANIMCUTS(ABSENT NONE ) I hereby certify that this is a true and correct AYES: NOES: ABSENT: ABSTAIN: copy of an action taken and entered on the :\ minutes of the Board of Supervisors on the G:\GrpData\EngSvc\BO\2005\03-01\RA 1083}30-45.dgc date shown. OrIgInator: Public Works(ES) Contact- Teri Rie(353-2363) I.D.95-2578030 cc: Public Works T.Bell,Construction Div. ATTESTED: LARCH 01, 2005 J.Ismael,Engineering services JOHN SWEETEN Clerk of the Board of Shapell industries of Northern California loci North Milpitas Blvd. Supervisors and County Administrator Milpitas,CA 95035 Attn:S.Savage,S.Worden,&J.Gold American Casualty of Reading,PA 5820 Canoga Ave.,suite 200 Woodland Hills,CA 91367 By- ®> Deputy City of San Ramon Ann:Chris Low 3180 Crow Canyon Pl.,Ste 140 San Ramon,CA 94583 Executed in Triplicate CJIfA SUREETY RA-1083,Gale Ranch,XREF SUB 7796 INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond plumber 929 097 490 issued by the American Casualty Company of Reading,PA as Surety,on behalf of Shapel ndustrksofN.__Orhertt Califor A Y)iYiee n niShApd 1ndusU1es,Jnr ._._....of Milpitas,CA - _ - _ hereinafter referred to as the Prinolpal,and in favor of County of Contra Costa of hereinafter referred to as the Obligee,effective the 3Yst day of August IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 12th.-- day of May ., _.....2004✓..._...,and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby Decreased ._ _ from the sum of One hundred Twenty Eight Thousand One Hundred No/100*** Dollars($j ,1#, 00.00*** },to the sunt of Nineteen Thousand Two Hundred F`ftNo/100*** Dollars($19,215. IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of Eine Hundred Twenty Eight Thousand One Hundred No/100*** dollars($ 128.100.00*** } or for any loss occurring subsequent to said date shall not exceed the sum of �. Nineteen Thousand Two Hundred Fifteen No/100*** - Dollars($ In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. SIGNED, SEALED AND DATED this 24th day of September 2004 . Accepted By: Shapelt industries of Northern California, A Division of Shapell industries,Inc. .�—. (Principal) By _ By / ,�1 i (Seat) V A �6 By — —.. (Seat) American Casualty Company of Reading,PA Form F4763 — — — (S Y (Seal) Pamela L. Stacks, Attorney-in-Fact State of California County of Los Angeles On September 24,2004 before me, Sandy banner - Notary Public Gate NAME, TITLE OF OFFICER„ "JANE DOE. NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) { x ) personally known to me - OR - (—) proved to me on the basis of satisfactory evidence to be the person(g) whose name(O is/Amoubscribed to the within instrument and acknowledged to me that V*shetjW executed the same in bixo;/her/W&IC authorized capacity, and that by i l�lher/ow signature(s) on the instrument the person(), or the entity upon behalf of which the person(; acted, executed the instrument. WITNE S my hand an sl seal. SANDY HANNER Commission#4362157 Notary Public-Cailfomia SIOWATURE OF NOTARY Los Angeles County OlAyComm.E xpires Jul2,20064 UPTIONAl. 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 TITLES) TITLE OR TYPE OF DOCUMENT (�..) PARTNER(S) LIMITED (..®} GENERAL NUMBER OF PAGES { } ATTORNEY-IN-FACT TRUSTEE(S) { �) GUARDIAN/CONSERVATOR (�) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G-107426.8 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara , On October 28, 2004,before me, Janice T. Kruse,Notary Public personally appeared, � J.C.Truebridge& Ken Cox personally known to me to be the persons whose names are �s subscribed to the within instrument and acknowledged to me that they executed the same ' in their authorized capacity, and that by their signature on the instrument the persons,or the entity upon behalf of which the persons acted, executed the instrument. JANICE T.KRUSE Commission# 1318647 771 NESS my hand and official seal. Notary Pubk--CalifomiaSanta Clara County My Coofr m.ExpkWAug 24,20M Si ature of Notary Public Optional Information >� Title or Type of Document: Increase/Decrease Rider-Tract 7796« RA-1483 5 } Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of ShjReli Industries. Inc. S 'r � S THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 21, 1999, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DE SAULNIER AND CANCIAMI11 A NOES: NONE ABSENT: DONE copy ABSTAIN: NONE RESOLUTION NO.: 99/478 SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for RA 1083 (x-ref. SUB 7796),Dougherty Valley area. The following document was presented for Board approval this date for, RA 1083 (x-ref. SUB 7796) located in the Dougherty Valley 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: $1,300.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 337456 (September 7, 1999) II. Surety Band Bond Company: American Casualty Company of Reading,PA Bond Number and Date: 929097490(August 31, 1999) Performance Amount: $128,100.00 Labor&Materials Amount: $64,700.00 Principal: Shapell Industries of Northern California SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for RA 1'0$3 (x-ref. SUB 7796), Dougherty Valley area. DATE: September 21, 1999 PAGE 2 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. I hereby certify that this is a true and correct copy of RL:TR:mw an action taken and entered on the minutes of the 0:1GrpData\ ngSvc\BO\19991BO 9-21-99.doc Originator: Public Works(ES) Board of Supervisors on the date shown. Contact:Rick Lierly(313-2348) cc: Pubic Works- R.Bruno,Construction CumntPlanning,Community Development ATTESTED:-- -- September 21,1999 Sam Worden,Ch i7rvebridge and Jim Gold PHIL BATCHELOR., Clerk of the Board of Shapell Industries of Northern California 100 Milpitas Blvd,Milpitas,CA 95035 Supervisors and County Administrator American Casualty Company of Reading,PA 21650 Oxnard Strect,Suite 760,Woodland FIills,CA 91367 By ,' , Deputy Subdivision: RA 1083 (XRef 7796) Bond No.: 929097490 Premium: $641.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF`SAY L.A.NDsCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. REcrrAL of SuBpr isloN AGREEMENT: The Principal has executed an agreement with the County to install and pay far public right of way landscaping, and other related improvements in Subdivision RA 1083 O Ref 7796) as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATI©N3 Shapell Industries of Northern; California,A Division of Shapes{ Industries, Inc ,as P�a3d American Casualty Company of,Reading.PA ,a corporation organized existing udder the laws of the State of PA , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: One Hundred Twenty Eight Thousand One Hundred Dollars Dollars ($ 178,100.00 for itself or any city assignee under the above County Subdivision Agreement,phis B. Payment: Sixty l=our Thousand Seven Hundred and NO/100 Dollars ($ 64,700.00 ) to sezre the clams 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. CoNDInON: 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, them this obligation shall,become null and void; otherwise it shall be and remain in full force and effect. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsyivania corporation(herein collectively called"the CCC Surety Companies`),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signature and seats herein affixed hereby make, constitute and appoint Marie A. Cook. Individually of Milpitas, California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to,be signed by their Group Vice President and their corporate seals to be hereto affixed on this 18th day of June 1998 CONTINENTAL CASUALTY COMPANY ifreteNATIONAL FIRE INSURANCE COMPANY OF HARTFORD ' AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA xJULY �a CT 1�AL Y T !* { Aft V 1497 � '� • Marvin J.Cashion Group Vice President State of Illinois, County o€Cook,as: On this t 8th day of June , 1998 ,before me personally came Marvin J.Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corpoMfbpm;that the seals affixed to the said instrument are such corporate seals;that they were sa affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowiedges same to be the act and deed of said corporations. Jn NOTA" �+plietiG `mac C�►-+.� My Commission Expires March 6, 2000 Mary Jo Abel Notary Public CERTIFICATE 1, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attomey herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 31st day of August 1999 . CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF REACTING,PENNSYLVANIA Z } � Jt)LY 31, 169? ik (Rev.1011 J97) Mary A. Ribikawskis Assistant Secretary state Of C,a3.ifo .a Santa Mara Cowty of Sept. 2, 1999 Linda.A. Fluken, Notary Public On owe NAME.Tt7LI of OfACIA.. `JAME OCE. Z SAY PVei.rC' personalty appeared Marie A. Cook ttM,t M Oft SfGf (S) (.2L) personally known to me r OR •- (.,.,...) Proved to me On tali basis of SatisfWCIY Widen" to be tate persons whose nan*(*i*heatcaubetm1wl to the witt+an instft:AW and acknow"Od to rte that jWSM,t" examed they same oa;wic! Mjw4� and that byAWjh4w/%bf 3ignatur4) on the instr~Me poaor4 f), or the entity upon behalf of whist the perw(jj acted. executed the in bwnwt U _ _ Who" offs"creat. LiN©A A.F!U- Ccxrtmiuion#-11-593-56— 1159354 �7 Notttiry PL"Ic-California Soft Ciora County StG M ME OF IJOTARY My Comm.tea Oct 23,2001 OPTIONAL Though the data bebw is tuft se phvd by law. A may prow valuable to persons relying on the document and mid pnnrer>t ffaU&AW 4*&ft&&AwW of alis form, CAPACITY CLAtMED'SY SIGNER DESCAIPTION OF ATTACHED DOCUMENT {...._) wDIVIOUAL CQAPORATE OFFICER TrTLE(S) TITLE OR TYPE OF DOCUMENT (...,.} PARTNERI f } LIMITED {..._}43ENERAL NUMBER OF PAGES {.._.} TRUSTEE(S) (a....) GUARDIAN/CONSERVATOR (_.o..} OTHER DATE OF DOCUMENT SIGNER IS REPRFAENTING NAME OF PERSON($) OR ENTiYY{TES} American Casualty Companv 61 � I? iia SIGNER(S) OTHER THAN NAMED ABOVE a• arx�s-s CALIFORNIA ALL-PURP0�.lE ACKNOWLEDGMENT A state of California County of Santa Clam t On _ before me, Linda A. Fluken, Notary Public Data Name and Tale of Officer(e.g.,'Jana Doe,Notary Pub4ic") ( personally appeared Marie A. Crook Name(s)of Signer(s) J�7 personally known to me–OR--G proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument I, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by un: Z FLl1KEN his/her/their signature(s)on the instrument the person(s), -" Cornmi55ion# 1159356 or the entity upon behalf of which the person(s) acted, Notary Public-California � executed the instrument.,' Santa Clam County (' lvty Comm.Expires Oct 23,2001 E WITNESS my-hand and official seal. Signature of ataxy Public ✓ i OPTIO L 77rougtr the information tisfow is not required by law, it may prove valuable to persons relying on the document and could prevent 3 fratidulant removai and reattachment of this form to another document. Description of Attached Document i Title or Type of document: Document Cate: Number of Pages: Sig`ner(s) Cather Than Named Above: _ Capacftyr(ies) Claimed by Signer(s) r ' Signer's Name: _ Signer's Name: Individual El Individual Corporate Officer 0 Corporate Officer i Title(s): Title(s): ( 0 Partner---CI Limited 7 General ® Partner—❑ Limited -7 General 0 Atto mey-in-Fact Cl Attorney-in-Pact ?� M TrusteeM Trustee M Guardian or Conservator &V. - 0 Guardian or Conservator • ` � �, F1 Other: Top c#thumb here C V Other: Top of thumb here Signer is Representing: Signer Is Representing: Et 01995 National Notary Association•8236 Remmet Ave„P.C.Sox 7184•Canoga Park,CA 91309-7582 Prod,No.5907 Reorder.Call Toll-Free 1-800.875.8827 SUBDIVISION AGREEMENT (Right of Way landscaping) (Government Cade 566462 and 566463) Subdivision: RA 1083 (XRef 7796) Effective date: Subdivider: ' n&er inL� Completion Period: 4 year THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) 5t Ir�~a eU es cf N. Calif. A divi-cn cx J. Michael Walford, Public Works Director X�x Trdg*;, Tnc. By: ttl Marie A. Cook RECOMMENDED-FOR APPROVAL: senior vice President & CFO By: tttl Engrneerin ervlces Division w,tt & l Mark Westpha FORM APPROVED: Victor J. Westman, County Counsel Assistant Secretary {NO'T'E:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code 6313.} 1. PARTIES& DATE. Effective on the above date,the County of Contra Costa, California, hereinafter called "County,"and the above-mentioned alio divider, mutually promise and agree as follows concerting this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (ncluding 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 Cade(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 Map act(Government Code 5566410 and following), 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 Subdivider shall,pursuant to Government Code 566499,and the County Ordinance Code,provide as security to the County: A. For Pedonnane and Guarantee: $ 1 .00 cash,plus additional security, in the amount of$ 8.1Cl(} which together total one hundred percent(100°l0)of the estimated cost of the work. Such additional se burity is presented in the form of: Cash,certified check or cashiers check. I �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 Pavrnent: Security in the amount of$ 64,700.0 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the farm of: Cash,certified check,or cashier's check x Acceptable corporate surety band. 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 S94-4.4116 and S94-4.408 of the Ordinance Code. CALIFORNIA ALL-PURPO*E ACKNOWLEDGMENT State of California r County of Santa Clara Sept. 2, 1.999 Linda A. Fluken, Notary Public i On before me, � �* Cate Name and Title at Otter(e.g.,*Jane Doe,Notary Putift} personally appeared Marie A. Cook and Mark Westphal Names)a#Stgner{a) ,�, L personally known to me—as—❑proved to me on the basis of satisfactory evidence to be the person(s) ?� whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by LINDA A.FLUKEN his/her/their signature(s) on the instrument the person(s), "t Commiss4°n# 11593546 or the entity upon behalf of which the Person{s} acted, Notary PuNic-California � t' . saartta Gotta County executed the instrument my Comm.50m Oct 23,2001 � ' WITNESS my•hand and official seat. Signature of N rr,Public S OPTIONPL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent t ' fravdulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �3 h Document Cate: Number of Pages: r 16 Signer(s) Other Than Named Above: , Capacity(ies) Claimed by Signer(s) l Signer's Name: Signer's Name: ❑ Individual ❑ Individual ' )t] Corporate Officer ❑ Corporate Officer ! Title(s): Title(s): � Partner—•❑ Limited ❑ General ❑ Partner—❑ Limited ❑t General ❑ Attorney-in-Pact ❑ Attorney-in•l`act ? ❑ Trustee C1 Trustee ❑ Guardian or Conservator - :" El Guardian or Conservator ❑ Other: Top of thumts here 7 Other: Top of thumb here i Signer Is Representing: Signer Is Representing: a 0 1995 National Notary Association 8235 Rammet Ave.,RO.Box 7184-Canoga Park,CA 91309-7164 Prod.No.$907 Reorder.Call Toll-=tee 1.800»876.882'