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RES NO 107-10
RESOLUTION NO. % 10 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 626 LOCATED ALONG THE SOUTH SIDE OF TAFT HIGHWAY, ON THE EAST AND WEST SIDE OF COMPAGNONI STREET. (WARD 7). WHEREAS, the City of Bakersfield desires to propose a change of organization, to wit, the annexation to the City of Bakersfield of the hereinafter -described territory, pursuant to Section 56654 of the Government Code of the State of California; and WHEREAS, the proposed annexation territory is within and consistent with the City of Bakersfield Sphere of Influence boundary; and WHEREAS, the City of Bakersfield agrees to annex the territory located along the south side of Taft Highway, on the east and west side of Compagnoni Street; and WHEREAS, the City has agreed to serve the territory upon annexation; and WHEREAS, the majority of property owners of the territory have consented to annexation; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it hereby finds and determines as follows: That the City of Bakersfield hereby proposes the annexation to the City of Bakersfield of the territory in Exhibit "A" and shown on map marked Exhibit "B" for the project attached hereto and made a part of this resolution as though fully set forth herein, located along the south side of Taft Highway, on the east and west side of Compagnoni Street. 2. That a plan for providing services within the affected territory of the proposed annexation, in accordance with the provisions of Section 56653 of the Government Code, is marked as Exhibit "C", attached hereto and made a part hereof as though fully set forth herein. 3. That this proposal for change of organization, to wit, annexation, is made pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, and it is requested that proceedings be authorized for annexation in accordance therewith. 4. That the reasons for the proposed change of organization are that the owners of the affected territory desire to receive municipal services from the City of Bakersfield, and the City desires to receive tax revenues for benefits given and to be given to the territory proposed to be annexed. 5. That for this proposed annexation territory and the prezoning therefore was adopted by the City Council and a notice of exemption for the annexation is determined to be adequate for the annexation proposal. 6. That the laws and regulations relating to the preparation and adoption of a notice of exemption as set forth in the California Environmental Quality Act have been du�PM6;, followed. 0. } M r v o ORIGINAl. 7. That the territory proposed for annexation as described herein has been determined to be uninhabited pursuant to Section 56046 of the Government Code. 8. That the territory proposed for annexation as described herein has been determined not to have 100% of property owners consenting to annexation. 9. That the territory proposed for annexation as described herein is within the City of Bakersfield Sphere of Influence Boundary. 10. That the Local Agency Formation Commission waive the protest hearing proceedings pursuant to Part 4, commencing with Section 57000 of the Cortese - Knox -Hertzberg Local Government Reorganization Act of 2000. 11. That the names of the officers of the City of Bakersfield who are to be furnished with copies of the Executive Officer's Report and who are to be given mailed Notice of Hearing, if any, are: Roberta Gafford City Clerk City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Alan Tandy City Manager City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Virginia Gennaro City Attorney City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 12. That the appropriate City officials shall file ten (10) copies of this Resolution, with Exhibits, with the Executive Officer of the Local Agency Formation Commission of Kern County at 5300 Lennox Street, Suite 303, Bakersfield, California 93309. --------- 000 2 O�'6AK, 9q -n � m 0 G ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on SEP 0 8 2010 by the following vote: YES: COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SUL IVAN, SCRIVNER COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: O ys" 244iz - ROBERTA GAFFORD, CITY CLERK and Ex O cio Clerk of the Council of the City of Bakersfield APPROVED _ SEP 0 8 2010 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO EXHIBITS: A - Legal Description B - Map C - Plan for Services D - Notice of Exemption S:\Annexation\Res of Applic\ROA 626.doc 51 AKFyJ, M ar r. ORIGINAL. EXHIBIT 'A' CAMPAGNONI NO, 1 ANNEXATION NO. 626 TO THE CITY OF BAKERSFIELD BEING PARCEL 'A' OF LOT LINE ADJUSTMENT NO. 149-03 AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0204036615 OF OFFICIAL RECORDS, PARCEL 2 OF PARCEL MAP 10579 PHASE 'A' RECORDED IN BOOK 51 OF PARCEL MAPS AT PAGE 114 IN THE KERN COUNTY RECORDER'S OFFICE, PARCEL 'B' OF LOT LINE ADJUSTMENT NO. 8-98 AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0198155595 OF OFFICIAL RECORDS, PARCEL 'A' OF LOT LINE ADJUSTMENT NO. 96-98 AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0 199047317 OF OFFICIAL RECORDS, ALL OF LOT LINE ADJUSTMENT NO. 12-08 AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0208182004 OF OFFICIAL RECORDS, PARCEL MAP 10717 PHASE 1 RECORDED IN BOOK 55 OF PARCEL MAPS AT PAGE 119 IN THE KERN COUNTY RECORDER'S OFFICE, PARCEL MAP 10717 PHASE 2 RECORDED IN BOOK 56 OF PARCEL MAPS AT PAGE 70 IN THE KERN COUNTY RECORDER'S OFFICE, AND A PORTION OF COMPAGNONI STREET (COUNTY ROAD NO. 2357). ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 31 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 1, SAID CORNER ALSO BEING ON THE CENTERLINE OF TAFT HIGHWAY (STATE ROUTE VI-KER- 119); THENCE N 89003'15" W 1654.58 FEET, ON AND ALONG THE CENTERLINE OF SAID TAFT HIGHWAY AND THE NORTH LINE OF SAID SECTION 1; THENCE DEPARTING SAID CENTERLINE, S 00°47'26" W 30.00 FEET, TO THE SOUTH RIGHT OF WAY LINE OF SAID TAFT HIGHWAY, BEING THE TRUE POINT OF BEGINNING; (1) THENCE S 89003'15" E 333.34 FEET, ON AND ALONG SAID RIGHT-OF- WAY, TO A POINT ON THE EXISTING CITY OF BAKERSFIELD CORPORATE BOUNDARY; 711ENCE CONTINUING S 89°03' 15" E 212.19 FEET, ON AND ALONG SAID RIGHT-OF-WAY AND CORPORATE BOUNDARY; (2) THENCE S 80055'29" E 70.83 FEET, ON AND ALONG SAID RIGHT-OF- WAY AND CORPORATE BOUNDARY; O�gAKF�� J y � 7RIG1►ICi (3) THENCE S 34022'18" E 66.18 FEET, ON AND ALONG SAID RIGHT-OF- WAY AND CORPORATE BOUNDARY; (4) THENCE S 89-03'13" E 60.00 FEET, ON AND ALONG SAID RIGHT-OF- WAY AND CORPORATE BOUNDARY; (5) THENCE N 53°15'37" E 63.82 FEET, ON AND ALONG SAID RIGHT-OF- WAY AND CORPORATE BOUNDARY; (6) THENCE S 89-03'15" E 156.81 FEET, ON AND ALONG SAID RIGHT-OF- WAY AND CORPORATE BOUNDARY; (7) THENCE LEAVING SAID RIGHT OF WAY, S 43°49'38" E 87.93 FEET ON AND ALONG THE WESTERLY RIGHT OF WAY OF STATE HIGHWAY ROUTE 99 AS EVIDENCED BY THAT CERTAIN GRANT DEED RECORDED IN BOOK 3280 AT PAGE 435 OF OFFICIAL RECORDS AND SAID CORPORATE BOUNDARY; (8) THENCE S 17°16'23" E 494.25 FEET, ON AND ALONG SAID WESTERLY RIGHT-OF-WAY AND CORPORATE BOUNDARY TO BEGINNING OF TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 2935.00 FEET; (9) THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04004'08" AN ARC DISTANCE OF 208.43 FEET; (10) THENCE 'AND CORPORATE BOUNDARY; ALONG SAID WESTERLY RIGHT-OF-WAY (11) THENCE DEPARTING SAID CORPORATE BOUNDARY N 88021'43" W 1336.80 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL MAP 10717 PHASE 2; (12) THENCE N 00°47'26" E 1275.33 FEET ALONG THE WEST LINE OF SAID PARCEL MAP TO THE POINT OF BEGINNING. CONTAINING 33.68 ACRES, MORE OR LESS. CHECKED by KERN COUNTY SURVEYORS OFFICE Date____ //6�/O Approved by V JON F. MEW: 0 t J * EXP.6 L.S. 5791 9 OFCA1.1W P, K, . O � C,A } v IGNA F I PH y I � EVERT I l I n HUGHES LN. z0 HUGHES MICHELE SI COMPAGNONI IS7 CMN (12)N OG'47'25' E 1275.}}' r o :0p D nn Ccr LO vro eco 0 na w 5 O e"° () t iT - DD1 D�T 0 > n � mu � I J 0 omtOa =s° Zro m 1 IG_ i1 b on C u r O V c 9 f m � (� D 7i v �n�� o' �Q w T o o b p _mu / A $f m A ? W t 4 nn o u m , m _ ' 0. v �� v m y ro me n _ � � \ �CO�pA n �b 3 S mcg D C z� o r [I r F o � Qom F �y1ro > 3 D y T,'_� __ 25 4 S ro m rt I o �� Q 4 mm L �` 00� �. m�� pp S'YY I Iil L H m[� ro m 3 a35 " F9 .n M" b V A ( p -I I L A v,b C y I r N ppm se 1 Irylj� y, 6tt� ,� 9t It 51P1 tr' St y6t //�II1 4 YD.V Pt Ym\'l. SC6t.0 v b slotl old lP'CSS I I m I ' / --------------------------- ---------------Y � EVERT I l I n HUGHES LN. z0 HUGHES MICHELE SI COMPAGNONI IS7 CMN r1`1 ORIGINAL o nn 0 0 > n z o W t 4 >°z> n z� o zo o � � y ~ 4 U1 4 O H o b 0 N r N ~ 0 b r1`1 ORIGINAL i m A a m T C N Hca ccc c g cC (AO mcccc G Z MIM s = D � M m H FO� A_Ag � A O n §0800��c � c -n z s� �N •� N m 2 A m as �nmm mmz m z m.tnmm z� zzzz mrnyrnm z �n m mMmmvrnm mm _ m mmmmDm� ,pu � zND z z v Cl)o m m o Rz m "� '� m '� z mm z z mm z 'D y z to t/1 cn f/f m N r g x g8tR II CL M_ .� a, �` - 9 m J m � � as N mg SL no 47 om m :3 m ' N � 3 Q c 4 n � g a �o kr 9 or fi } m r a c ORIGINAL What effects, if any, would annexation of this territory have on the existing level of city/district services (i.e.. need for additional emergency service personnel or construction o of new facilities, etc)? The annexatign of wil nim I e on the near term level or caggbility _ I _ _ i 1-- #..tiin. devalnnmant additional police offioera wouid 2. Would city/district require any upgrading or change in facilities to serve affected territory (roads, fire hydrants, mains, etc.): If so, would city/district Qr, No. developer be responsible for financing? _ .L_ �_....i....e� nmuwaa and nava for maior fadlities and nn on. Indicate and explain existing toning in affected .. . r.r, .r. -ba inAaaetrlal _ nmaciss develoorneni Qrecise�dev_el�oment c9mbl0!!!!�i 4. Indicate and explain proposed pre -zoning in area. (List effects on present land use t would Ciw has occur as a result of annexation such as maintenance anCe of ninhtocgond , nal andM-2 (0606"d 5. 6. 7. B. 9. List city/district services that area will directly or indirectly benefit from such as decroass in fire etc. City Police insurance nate, shorter emergency response time, ihsq oan reSof �artmiCuo r nity8c litiesseN�ss Please provide the following information relative to city/district and county taxes: ta>< rates aro t061-0301 ' List existing tax rates) in area. Tie existino area �,� an _ �_�...... � the 4nt2l nroDertV tax - go, explain. Would affected area be subject to any bonded indebtedness of tin/diret sfhows no 0 - . . .. -- L--- - nam nff and the How will the difference in tax nates affect a property with a market value of $60,000.00? _ .n annovation and --ssmsment will n 9G - o the tino annexation area is Is the proposed area subject to a Williamson Act Contract? b� ex� S:MW.XATIONVAnmx e2MEXN IaR C.DOC Q AKF9 3 � m ;J O ORIGINAL Original Records Transferred to the City Clerk, City of Bakersfield by the Kern County Clerk of the Board of Supervisors on June 13, 2011 RE: Change of Jurisdiction for Parcel Map 10717, Phase 1 and Phase 2 Parcel Mao 10717 — Phase 1 Subdivision Improvement Agreement dated February 7, 2007 Exhibit A Plan or Map #707 dated December 13, 2006 Exhibit B — Special Provisions and/or Conditions, Phase I Certificate of Liability Insurance dated December 14, 2006 improvement Security for Faithful Performance dated February 7, 2007 ecurity for Laborers and Materialmen dated February 7, 2007 Parcel Mao 10717 — Phase 2 Subdivision Improvement Agreement dated December 27, 2007 Exhibit A Plan or Map #766 — dated December 13, 2006 Exhibit B — Special Provisions and/or Conditions, Phase 2 Improvement Security for Faithful Performance dated December 27, 2007 Security for Laborers and Materialmen dated December 27, 2007 Agreement Extending and Amending Subdivision Improvement Agreement dated May 24, 2011 ACKNOWLEDGEMENT OF RECEIPT I, Roberta Gafford, City Clerk, City of Bakersfield, do hereby acknowledge that the Kem County Clerk of the Board delivered the original documents referenced above to the City of Bakersfield, City Clerk's Office on Friday, June 10, 2011. Date Roberta Gafford, City Clerk,,tk of Bakersfield Date ATTE T: Deputy Clerk, Clerk of the Board SiKRAV9tlpLPrtAYS\Parael Map 10]2 Phe¢ I k l.doa V 4 ENGINEERING. SURVEYING & DEVELOPMENT SERVICES AGENCY PERMIT SERVICES DEPARTMENT TED JAMES, AICP, DIRECTOR CHARLES LACKEY, P.E., DIRECTOR ;,'` % Engineering,Suneying& Permit numn N elopment Deprtmeat BAKESTREET, SORE 1-2 rf �-e�se Planning&Community Development Department BAKERSFIELq CA 93301-23]0 - Roads Depanmem Phone: (661) 862-5100 Fax: (661) 862-5101 E-mail: esps@co.kerno.m Website: www.cn.kern.n.mot. June 1, 2011 Kathleen Krause, Clerk of the Board Kern County Administrative Center 1115 Truxtun Avenue Bakersfield, CA 93301 Attention: Karen Winn RE: Change of Jurisdiction, Parcel Map 10717, Phases 1 and 2 Dear Ms. Winn, On December 3, 2010, the areas of the County within Parcel Map 10717, Phases 1 and 2, were annexed to the City of Bakersfield. The County no longer hasjurisdiction over the development of these subdivisions. Section 66413 (a) of the Subdivision Map act states that, "When any area in a subdivision as to which a final map has been finally approved by a board of supervisors and filed for record pursuant to this division is thereafter annexed to a city, the final map and any agreements relating to the subdivision shall continue to govern the subdivision." County Counsel concurs that the executed Agreements and Bonds will "continue to govern" the subdivision. Therefore, we request that all Agreements and Bonds pertaining to the subject Parcel Map be sent to the Clerk of the City of Bakersfield. Please 'carbon copy' Marian P. Shaw at the City of Bakersfield Public Works and this Office when the documents are sent. Sincerely, Randall S. Smith, PLS, PE 'County Surveyor cc: Marian P. Shaw/City of Bakersfield Public Works/1501 Truxtun Avenue/Bakersfield, CA 93301 File County Surveyor- Building Inspection - Drainage - Floodplain - Special Districts - Code Enforcement TTY Relay 1 80 735-2929 iJ J BOARD OF SUPERVISORS COUNTY OF KERN SUPERVISORS KATHLEEN KRAUSE CLERK OF THE BOARD OF SUPERVISORS JON MCQUISTON District 1 Kern County Administrative Center MACK SCANNER District 1115 Truxtun Avenue, 5th Floor MIKE MAGGARD District3 Bakersfield, CA 93301 Telephone (661) 868-3585 RAYMOND A. WATSON District TTY (800) 735-2979 KAREN GOR District 5 sv w.co.kern.ca.us June 13, 2011 Ms. Roberta Gafford, City Clerk City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 RE: Change of Jurisdiction for Parcel Map 10717, Phase 1 and Phase 2 Dear Ms. Gafford: As you are aware, Parcel Map 10717, Phase 1 and Phase 2, were recently annexed to the City of Bakersfield, and the County of Kern no longer has jurisdiction over development of these subdivisions. Pursuant to Government Code Section 66413(a), we are transferring to the City of Bakersfield the original improvement agreements and bonds relating to these tracts. The Clerk of the Board will retain certified copies of the original documents for future reference, and we will document for our historical records that the originals are on file with the City Clerk's office. Enclosed is a full description of the documents being delivered to the City of Bakersfield. Please sign the acknowledgement of receipt indicating that these records were successfully transferred to the City and retain a copy for your records. We appreciate your assistance in this matter. If you have any questions or concerns, please call me at 868-3585. Sincerely, KAT LEEN KRAUS Cie k of the Board Enclosures cc: Marian P. Shaw, City of Bakersfield Public Works Department Randall S. Smith, Kern County ESPS Bruce Divelbiss, County Counsel's Office (w/o enclosures) v v SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 10717, PHASE 1 THIS AGREEMENT, made and entered into this-Zr—A day of E A 201, by and between the COUNTY OF KERN, a political subdivision of the State of California, he in called "County," and Edward I. Lee herein called "Subdivider", WITNESSETH: WHEREAS: (a) Subdivider proposes to develop and subdivide by parcel map a tract of land in the County of Kem under the Subdivision Map Act (Government Code Sections 66410 at seq., sometimes referred to herein as "Map Act") and under the Land Division Ordinance of the County of Kem (Kem County Ordinance Code Section 18.05 et seq., sometimes referred to herein as "Ordinance"), and the Kern County Development Standards, latest edition, (sometimes referred to herein as "Standards"), and (b) The tentative parcel map has been approved by the County Planning Department, and (c) The Subdivider has submitted the parcel map to the County Planning Department for approval, and certain improvement work required by the Land Division Ordinance and/or conditions of the tentative parcel map not having been completed, the Subdivider desires to enter into an agreement with the County for its completion, as required by Section 18.55.070 J. of the Land Division Ordinance. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: EFFECTIVE DATE: This agreement shall be effective concurrently with certification of the parcel map by the County Surveyor under Section 66450 of the Subdivision Map Act. 2. SUBDIVIDER TO COMPLETE IMPROVEMENT WORK: (1) Subdivider agrees to faithfully, properly, and fully construct and complete all the improvement work (referred to herein as the "work" or the "improvements" orthe "improvement work"), at its sole expense, in accordance with good engineering practices and in a good and workmanlike manner, all according to the general conditions, specifications, plans, and profiles attached to this agreement and incorporated herein by reference, and which are identified as follows: Exhibit A - Street Plan Exhibit B - Special Provisions and/or Conditions The County agrees to accept, subject to improvements and completion as herein provided, the following described streets: Compagnoni Street. (2) When all of the required improvement work, or a separate unit of the improvement work, has been property and fully completed in accordance with this agreement, the Subdivider may apply in writing for inspection thereof; and the County shall cause it to be inspected and considered for acceptance or approval under Section 18.55. 100 of the Ordinance. it tJ 3. TIME FOR COMPLETION: The work shall be fully completed within one (1) year from the date of approval of the final map, to - wit, on or before the .JS day of ' 20� or within such extension of time as may be authorized by the Board under Section 18.5 .120 of the Ordinance. 4. MAINTENANCE OF IMPROVEMENTS PENDING ACCEPTANCE OF APPROVAL: The Subdivider shall maintain all of the improvement work, and shall repair or replace any improvement work which may deteriorate, or be damaged, or destroyed from any cause, subject to release from such obligation as provided in Section 18.55.100 of the Ordinance. 5. REPAIR OF DAMAGE BY SUBDIVIDER TO ACCEPTED WORK: The Subdivider shall repair or replace any damage to any work which has been accepted or approved by the Board, as may be caused by any other undertaken by the subdivider or his surety. 6. GUARANTEE AGAINST DEFECTS: With respect to improvement work which has been accepted or approved by the Board, the Subdivider shall guarantee and maintain the same against any defective work or labor done, or defective materials furnished, in the performance of this agreement, which is reported in writing delivered to the Clerk of the Board at any time within one (1) year after the operative date of acceptance or approval of such work by the Board. The Subdivider shall promptly correct, repair, or replace any and all defects on demand. PROVISIONS NOT LIMITATION ON LIABILITY: None of the provisions of Section 4 through 6, inclusive, or this agreement, shall be construed as limiting the scope or extent of any liability of the Subdivider under the law for any willful or negligent act or omission of the Subdivider, his contractors, agents, or employees. 8. DRAINAGE FACILITIES, CHANGES MAY BE REQUIRED With respect to drainage facilities, the Subdivider agrees to carry out any changes or alterations in the design, or construction thereof as may appear necessary to the Board to protect fife, or property in the exercise of its reasonable discretion at any time prior to acceptance of approval thereof. 9. IMPROVEMENTS GENERALLY, LIMITED CHANGES MAY BE REQUIRED: With respect to other improvement work, the Subdivider agrees to carry out such changes or alterations in the design or construction thereof as may appear necessary to the Board in the exercise of its reasonable discretion for the accomplishment of the purposes of the Ordinance and the Standards, provided, however, that the net aggregate cost of such changes or alterations shall not exceed ten percent (10%) of the original estimated cost of the improvements described in this agreement, and further provided that, with respect to any particular feature of said improvement work the estimated cost of which is separately itemized herein, such changes or alterations shall not exceed ten percent (10%) of such itemized cost of such feature, in any case taking into account the aggregate of additive and deductive changes, and excluding such changes or alterations as may be requested by the Subdivider and/or as may be required under Section 8 above. z V 10. CHANGES REQUESTED BY SUBDIVIDER: (1) The Subdivider shall not change or atter the design, specifications, or mode of accomplishment of the improvement work as provided herein, except as authorized by the Board. (2) If any such change or alteration requested by the Subdivider shall cause the estimated cost of all work to be done to exceed the liability of his surety, or the amount of such liability as increased under Sections 11 and 12, or the aggregate amount of other forms of security for faithful performance of such agreement, as the case may be, authorization by the Board shall be of no effect. 11. INCREASE OF IMPROVEMENT SECURITY RELATIVE TO CHANGES OR ALTERATIONS: (1) The amount of security for faithful performance shall be increased by the amount of the cost of any additional work required by a change or alteration required or authorized under Sections 8, 9, or 10 above. (2) The amount of security for payment to contractors, etc., shall be increased in an amount which is that proportion of the amount of increase mentioned in paragraph (1) above, as the original security for payment to contractors, etc. (as fired by the Board) bears to the original amount of the security for faithful performance (as fixed by the Board). (3) If security is in the form of a corporate surety bond, it shall provide that the liability of the surety thereunder shall automatically increase in the respective amounts mentioned in paragraphs (1) and (2) above, in case the Board requires or authorizes any change or alteration under Sections 8, 9, or 10 above, subject to the limitations in Section 12 below. If such bond lacks such provisions, the Subdivider shall procure its amendment to so provide, orshall procure an increase in its amount, orshall furnish additional security conforming to Section 18.55.070 E. of the ordinance, in accordance with paragraphs (1) and (2) above, as a condition to approval of any change or alteration requested by the Subdivider, or, in any case, within a reasonable time after an order of the Board requiring a change or alteration. (4) If security is in the form of a corporate surety bond, and by reason of any limitation in Section 12 below the amount of liability of the surety thereon is less than the amount of security should be with the respective increases mentioned in paragraphs (1) and (2) above, the Subdivider shall furnish additional security conforming to Section 18.55.070 E. of the Ordinance, so as to cause the aggregate amount of security to be in accordance with paragraphs (1) and (2) above, as a condition to approval of any change or alteration requested by the Subdivider, or in any case, within a reasonable time after an order of the Board requiring a change or alteration. (5) If the security is in a form other than a corporate surety bond, the Subdivider shall increase the amount thereof, or shall furnish additional security conforming to Section 18.55.070 E. of the ordinance, in accordance with paragraphs (1) and (2) above, as a condition to approval of any change or alteration requested by the Subdivider, or in any case, within a reasonable time after an order of the Board requiring a change or alteration. 12. LIMITATION ON LIABILITY OF CORPORATE SURETY RELATIVE TO CHANGES OR ALTERATIONS NOT APPROVED BY SURETY: With respect to such changes or alterations as to which the consent of a corporate surety is not obtained, the amount of increase in its liability under its improvement security for faithful performance and for security for payments to contractors, etc., respectively, shall not exceed in the aggregate ten percent (10%) of the original amount of such security as fixed by the Board in any case taking into account both additive and deductive changes, and excluding such changes or alterations as may be requested by the Subdivider and expressly approved by the surety 13. FAILURE TO TIMELY COMPLETE WORK OR COVENANTS: If the Subdivider or his surety shall fail to complete the improvement work or perform his covenants faithfully, properly and in full accordance with this completion agreement, all within one (1) year from the date of this approval of the final map by the Board, or within any extension of time as the Board may authorize under Section 18.55.120 of the Ordinance, the County shall be entitled to exercise its right of recovery upon any corporate surety bond given to secure faithful performance (or if the improvement security is in a form other than a corporate surety bond, the County shall be entitled to possession of and tide thereto and the proceeds thereof), in either case without any prior notice and without prejudice to any other remedy the County may have in the premises at law or in equity, including but not confined to, the option to cause the work to be completed as provided in Section 15, or to cause any covenant to be performed under any other applicable provisions of this agreement. 14. FAILURE TO BEGIN WORK OR PERFORM COVENANTS AND CONTINUOUSLY PERFORM, AFTER NOTICE. (1) If the Board in the exercise of its reasonable discretion shall determine: (a) That the Subdivider has failed or neglected to begin the work, or any feature of the work, within a time which will reasonably allow its completion within the time (or any valid extension of time) provided in this Agreement, or (b) That the Subdivider has abandoned any of the work, or (c) The Subdivider has failed to keep the work under direct control of a superintendent, manager, engineer, or other competent agent, or (d) That the Subdivider (if he shall be an individual person) has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared, or is deceased, or (e) That the Subdivider has filed a petition in bankruptcy or has been declared bankrupt, or (f) That the Subdivider has failed or neglected to timely perform any of his covenants in this agreement, or (g) That there is any other circumstance showing that the County is not reasonably secure in the proper and timely performance of this agreement or any covenant therein; then, upon any such determination, the Board shall be entitled to give the Subdivider and his surety a I fourteen (14) day written notice to begin the work or perform such covenant, and/or to diligently and continuously perform such work or covenant. (2) If the Subdivider or his surety shall fail to do so within such fourteen (14) day period, the County shall be entitled to exercise its right of recovery upon any corporate surety bond given to secure faithful performance (or if the improvement security for faithful performance is in a form other than corporate surety bond, the County shall be entitled to possession of and title thereto and the proceeds thereof), without any additional notice and without prejudice to any other remedy the County may have in the premises, at law or in equity, including but not confined to, the option to cause the work to be completed as provided in Section 15 or to cause any covenant to be performed under any other applicable provision of this agreement. (3) Without limiting the generality of the foregoing provisions of this section, the covenants of the Subdivider provided in Section 4, 5, and 6 shall be deemed to be covenants within the meaning of this Section. 15. OPTION OF THE COUNTY TO CAUSE WORK TO BE DONE OR COVENANTS PERFORMED: (1) In any event mentioned in Section 13, or after a determination and notice by the Board of Supervisors, and expiration of the period mentioned in Section 14, the County shall be entitled, at its option and in the discretion of the Board, to cause all or any part of the improvement work to be done, and/or to cause all or any covenants of the subdivider to be performed, in accordance with the agreement and the specifications therein, for the account and at the expense of the Subdivider and his surety. (2) If the County shall so elect to cause all or any part of the improvement work to be done, it shall also be entitled, at its option and in the discretion of the Board, to perform all or any of the covenants of the Subdivider mentioned in Sections 4, 5, and 6, for the account and at the expense of the Subdivider and his surety, without any additional notice. (3) In so doing the County may cause such work to be done or such covenants to be performed by independent contractors, by County officers, and employees, or by the services of any public agency, or public utility company, or by any combination thereof. (4) In so doing the County may cause any necessary additional planning to be done or specifications to be prepared, and may procure or provide such equipment, fuel, materials, labor, supervision, inspection, and expert assistance, insurance, and bonds, as may appear reasonably necessary to property accomplish such work, or the performance of such covenants. (5) In so doing the County shall be entitled to use, at its option, any equipment, fuel, materials, or other property of the Subdivider as may be upon the site for the purposes mentioned in this section, but shall not be limited thereto. (6) The Subdivider and his surety shall be liable to the County and shall pay the County on demand for all expenses incurred by the County in the respects mentioned in this section, including a reasonable amount for the administrative expenses incurred by the County. The maximum liability of the surety in such case shall not exceed the amount of its bond, and any increase thereof under Sections 11 and 12, and such other sums as the surety may be required to pay under the express provisions of the bond. If any suit be brought by the County for recovery from the Subdivider of any expenses incurred by S the County under this Section 15, the Subdivider shall pay to the County, such reasonable attorneys fees as the court may determine, in addition to costs of suit. (7) The County shall not be required to cause any such work to be done, or any such covenant to be performed to be entitled to recover, or have the amount of the faithful performance security. (8) The County shall not be prejudiced with respect to any remedy it may have in the premises, including but not confined to, its right to recover or have the amount of the faithful performance security, by virtue of its right to cause such work to be performed, or by virtue of doing all or any part of such work, or performing all or any part of such covenant, or by not causing it to be done, or by undertaking to do so and terminating its efforts for whatever cause. 16. INDEMNIFICATION PROVISIONS: (1) The Subdivider shall, and it does hereby agree to, hold harmless, indemnify, and defend the County, its governing board, officers, and employees from each and every liability, loss, claim, or demand which may arise or may be made in connection with the improvement work by reason of: (a) Any act, omission, or neglect of the Subdivider, its officer, employees, agents, engineers, contractors, subcontractors, independent contractors, or independent subcontractors, or (b) Any personal injury, or death of any person, or any damage to, or loss of any property sustained by any person, firth, or corporation, and for which the Subdivider is legally liable, or (c) Any damage to or taking of any property arising from any plans, specifications, or profiles attached hereto, or otherwise arising from the improvement work. (2) Nothing in this article shall be construed to require the Subdivider to indemnify against any responsibility or liability in contravention of Section 2782 of the California Civil Code, including any loss arising from a design defect which is the result of the sole negligence of the County. (3) The Subdivider hereby waives all claims and recourse against the County, including the right to contribution or indemnity, for any personal injury to, or death, of the Subdivider or any person, or for any damage to or loss of any property sustained by the Subdivider or any person, firm, or corporation, arising from or in any way connected with or incident to this contract or its performance, except in the case of active negligence of the County or of its governing board, officers, or employees for which the County is legally liable. (4) The Subdivider shall, and it does hereby agree to, at its own cost, expense, and risk, timely, diligently, and adequately defend any and all actions, suits, or legal proceedings which may be brought against the County, its governing Board, officers, or employees on any liability, claim, or demand which it has agreed to indemnify against under this Section 16, satisfy any resulting final judgment that may be rendered against any of them therein. In any such event the Subdivider shall, on gaining information thereof, promptly notify the County and undertake such defense. In such event the Subdivider shall retain the right of control of the defense; provided, however, that the County shall have the option of defending and representing itself or its governing board, or any of its officers or employees, and in such case the Subdivider shall not be required to bear any attomeys' fees or expenses of litigation incurred by the County in so doing. Nothing in this paragraph shall be deemed to excuse the Subdivider from payment of any attomeyV fees or expenses of litigation incurred by the County as a result of failure iv 4 by the Subdivider to timely, diligently, or adequately represent or defend in accordance with this paragraph after having been requested to do so. (5) It is mutually agreed that the surety of the Subdivider under the improvement security shall not be deemed liable for the performance of any of the covenants or indemnities of the Subdivider in Section 16, unless such surety shall undertake the completion of an improvement, or the conduct of work required to be done, or the performance of a covenant of the Subdivider under this agreement, and then only to the extent of an act, omission, or neglect of the Surety, its officers, employees, agents, engineers, contractors, subcontractors, independent contractors, or independent subcontractors in the course thereof. 17. SUBDIVIDER AND ITS CONTRACTORS TO CARRY WORKER'S COMPENSATION INSURANCE: The subdivider agrees to secure, maintain, and timely pay all premiums on, and cause his contractors and subcontractors to secure, maintain, and timely pay all premiums on, Worker's Compensation Insurance as required by the California Labor Code and amendments thereto, at all times until their respective work is completed, and furnish to the County satisfactory evidence thereof on request. 18. SUBDIVIDER TO PROVIDE POLICY OF LIABILITY INSURANCE: (1) The Subdivider agrees to secure, maintain, and timely pay all premiums on a policy or policies of broad form comprehensive liability insurance in the amounts, and with the coverage and endorsements set forth below, in form and with insurance companies satisfactory to the Engineering & Survey Services Director & County Counsel, by the terms of which the named insured and additional insureds are indemnified against liability for any bodily injury or death of any person, or any damage to or loss of any property sustained by any person, firm, or corporation, and for which the Subdivider is legally liable. (2) The limits of such policy, or the aggregate limits of such policies, shall be not less than: (a) Bodily injury liability: $300,000 each person; $500,000 each occurrence; Property damage liability: $50,000 each occurrence; $100,000 aggregate; or, at the option of the Subdivider: liability. (b) $500,000 combined single limit bodily injury liability and property damage (3) Said policy or policies shall contain provisions or endorsements as follows; (a) Showing the County, its governing board, officers, employees, and agents as additional insured. (b) Providing blanket contractual liability coverage for the Subdividers indemnity obligations for personal injury or death of any person, or for any damage to or loss of property, and for which the Subdivider is legally liable. V (c) Providing broad form property damage liability coverage, including but not confined to, damage caused by blasting, collapse, structural injuries, and damage to underground utilities. Such policy or endorsement shall not contain the so called W, "C" or "U" exclusions. (d) Providing coverage of the Subdivider's products and completed operations. (e) Providing "cross liability" or "severability of interest" coverage for all said additional insureds. (f) Providing that any other insurance maintained by the County, its governing board, officers, employees, or agents is excess and not contributing insurance with respect to the insurance carried by the Subdivider. (g) Providing that the coverage afforded said additional insureds shall not be prejudiced by any failure of the Subdivider or any other person to comply with any notice requirements of such policy. (h) Providing that such policy may not be canceled nor may the coverage thereof be reduced, nor may any provision of the endorsement thereof be amended or revised in any manner detrimental to the interests of said additional insureds, until expiration of thirty (30) days after written notice thereof has been delivered to the Engineering & Survey Services Director. (4) The Subdivider shall maintain the insurance coverage required in this section and pay all premiums promptly when due, at all times until expiration of one (1) year after all improvement work mentioned in the agreement has been accepted or approved by order of the Board. (5) Prior to presentation of the parcel map to the County Planning & Development Services Director for approval, the Subdivider shall file with the County Surveyor a certificate of insurance, showing the insurance coverage required under this section. (6) Within thirty (30) days after approval of the parcel map by the County Planning & Development Services Director, the Subdivider shall file with the County Surveyor (a) a true copy, certified by the insurance carrier of said policy (or policies) and all endorsements thereon, showing the insurance coverage required under this section, and (b) a true copy of a receipt showing payment of all premiums on such policy or policies. (7) At all times during which the Subdivider is required to maintain insurance coverage under this section, there shall be filed with the County Surveyor promptly after issuance a true copy, certified by the insurance carrier, of: (a) any endorsement or certificate showing renewal of any policy (or policies) required under this section, or (b) any policy which renews or replaces any such policy with all endorsements thereon, or (c) any new or amended endorsement. (The filing of any such policy, endorsement or certificate shall not be deemed to excuse the carrier from furnishing any notice required in paragraph 3(h) above). The Subdivider shall also promptly file with the County Surveyor true copy of the receipt showing payment of all premiums due on account of any such renewal or replacement. (8) If at any time during which the Subdivider is required to maintain insurance coverage under this section, the Subdivider or its surety shall fail to maintain the insurance coverage so required, or to promptly pay all premiums thereon when due, or if any policy (or policies) so required is canceled, or if the coverage therein is reduced, or any provision of endorsement therein is amended or revised in any manna..avaeimnna�lana1.o:..ae.�a..fH.nr......w......a�......w.�w:......�:.........w., a�... n......a...a..n a.. __m,_., 8 V J to make written demand upon the Subdivider for payment of such delinquent premium or replacement of such policy ,or coverage provisions, or endorsement, as the case maybe, and if such default is not cured within seven (7) days from the date of such demand, the County shall be authorized, at its option exercised by and in the discretion of the Board or County Administrative Officer, to pay all or part of such delinquent premium or to obtain a replacement policy, coverage provision, or endorsement, as the case may be, similar to that required by this section, provided that by so doing it shall have no obligation to obtain coverage for the Subdivider or his surety, except at its option, and upon demand by the County ,the Subdivider, and its surety, jointly and severalty, shall be obligated to and shall reimburse the County for any premiums incurred by the County in any such respect. 19. LIABILITY INSURANCE, BOARD MAY REQUIRE OR AUTHORIZE ADDITIONAL OR MODIFIED COVERAGE OR ENDORSEMENTS: (1) In exercise of its reasonable discretion, from time to time, the Board is authorized to require the Subdivider to furnish other or additional coverage or endorsements in connection with insurance coverage required in Section 18, as it may determine to be in the public interest, or for the proper protection of the County, its governing board, officers, employees, or agents, provided that such coverage or endorsement is generally available to persons doing similar improvement work from insurance companies admitted under the laws of California. Subdivider agrees to secure, maintain, and timely pay all premiums on such other, or additional coverage, or endorsements within a reasonable time after written demand therefore from the County, and to promptt"le with the County Surveyor a true copy of the policy or endorsement evidencing the same, certified by the insurance carrier; and such coverage or endorsement shall be subject to all of the provisions of the paragraphs 3 through 8, inclusive, of Section 18. (2) The County and the Subdivider may, by mutual agreement, amend this agreement to provide for modification or deletion of coverage or endorsements in connection with insurance coverage required in Section 18, if the Board determines that such coverage or endorsement is not generally available to persons doing similar improvement work from insurance companies admitted under the laws of California. 20. IMPROVEMENT SECURITY: (1) The Subdivider shall file with the Engineering BSurvey Services Department, prior to the approval of the parcel map, good and sufficient improvement security in accordance with Sections 66499 through 66499.10, inclusive, of the Map Act and Section 18.55.090 of the Ordinance. (2) All improvement security shall remain in full force and effect, and any improvement security in forth other than corporate bond shall be held and retained by the County, at all times until reduced or released in accordance with the provisions of Section 18.55.090 of the Ordinance; provided; however, that with approval of the Board, one form of security authorized by Section 18.55.090 of the Ordinance may be substituted for security previously fumished. (3) Security for faithful performance shall be separate in form and amount from security for payment to contractors, etc. (4) In accordance with Section 66499.6 of the Map Act, all such security shall be held by the County as a trust fund to guarantee and secure performance of the Subdivider's obligations under this agreement, and shall not be subject to levy or attachment by any creditor of the Subdivider or creditor of any other depositor of such security, except when and to the extent that such security is reduced or released under Section 18.55.130 of the Orlinanrn r`, V V (5) Security for faithful performance shall secure faithful, proper, full, and timely completion of all improvement work and all the Subdivider's covenants in this agreement, including but not confined to, maintenance of improvements pending acceptance or approval, repair of damage to accepted work, and guarantee against defects, as provided in Sections 4, 5, and 6- (6) Security for payment of claims of Contractors, etc., shall secure payment of all claims and sums mentioned in Section 66499.2 of the Map Act, including but not confined to costs, reasonable expenses, and fees (including reasonable attorneys fees) incurred in successfully enforcing such obligation. (7) The extent of the Subdivider's liability under this agreement shall not be deemed limited to the amount of the improvement security in any case. No limitation upon the liability of a corporate surety in this agreement shall be construed as a limitation on the liability of the Subdivider. (8) If the security is in the form of a corporate surety bond, it shall contain those provisions in Sections 18.55.090 E and F of the Ordinance, among others. (9) If the security is in the form of a letter of credit, it shall conform with Section 18.55.090 H of the Ordinance among others. (10) If the security is in the form of a letter of credit, it shall also contain those provisions in paragraph 1 of Section 18.55.090 HA, 5. and 6. of the Ordinance, among others, and shall further provide that the bank or other institution issuing same agrees to pay to County all costs and reasonable expenses and fees, including reasonable attomeye fees, incurred by it in enforcement of same or collection of any draft drawn under it, and the Subdivider agrees that he shall furnish a new letter of credit, or other form of security under Section 18.55.090 of the Ordinance, at least sixty (60) days prior to expiration of the letter of credit initially fumished, in the same amount, adjusted for any increases under Section 18.55.070 E. and for any reductions under Section 18.55.130 and that, if he shall fail to do so, the full amount of the letter of credit shall be forthwith payable to the County, whereupon the proceeds shall be held in trust by the County for like security purposes under Section 18.55.090, and that any sum so paid to the County may be deposited by it in banks or otherwise invested in the manner provided by law for trust funds in its custody, in which case the County shall be entitled to retain all interest, if any, earned thereon, while so deposited or invested. (11) The estimated cost of the various features of the work of improvement to be used as the basis for determination of the amount of such security and for reduction of security in accordance with other provisions of this Agreement is as follows: Street, Drainage, and Miscellaneous Improvements $186,802.00 21. WATER SYSTEM, SPECIAL PROVISIONS: If a water system is part of the improvement work, or if the Subdivider installs a water system in conjunction with other improvement work in the subdivision or prior to its completion, the Subdivider agrees as follows: (1) Those water lines and other parts of the water system which may be located within the boundaries of any street, highway, alley, or w9y which is or will be offered for dedication for public !D use or which has been dedicated to public use, shall be under or brought under a franchise issued by the County or a statutory franchise, in accordance with the provisions of this section. (2) In case the Subdivider proposes to transferthe ownership or operation of such water system to a water company or district the transferee shall hold a franchise issued by the County or a statutory franchise, applicable to the proposed water system; and further the subdivider, or such transferee water company or district, as the case may be, shall covenant with the County that the right to maintain and operate those water lines and other parts of such system within the boundaries of any street, highway, alley, or way which is or will be offered for dedication for public use or which has been dedicated to public use shall be solely under a franchise issued by the County or such statutory franchise, as the case may be, provided that the subdivider may take such a transfer to a water company lacking such a franchise, it shall also covenant with the County that, within a reasonable time after such transfer, it shall apply for, bid upon, and do everything necessary to perfect such a franchise under that statute with terms most favorable to the County as may be in effect at the time of its application. (3) The covenants required of the transferee in paragraph (2) shall be fumished to the County, prior to consummation of any such transfer. 22. CONFORMITY TO LAWS, OBTAINING PERMITS: Subdivider agrees to conform to all laws, regulations, and ordinances, including but not limited to, those relating to burning, air pollution, and explosives. Subdivider agrees to obtain all required permits in a timely manner. 23. EFFECT OF WAIVERS: No waiver or indulgence by the County with respect to the performance of any duty agreed to be performed, or the payment of any sum agreed to be paid by the Subdivider or its surety at any time shall be deemed to be a waiver or indulgence by the County, or extension of time with respect to any other duty or payment or at any other time. 24. ATTORNEYS FEES ON SUIT: If any suit be brought by the County for the recovery of any sum due under this Agreement for any damages for the breach of this Agreement, or to compel performance of this Agreement, the County shall be entitled to such reasonable attorney's fees as the Court may determine, in addition to its costs of suit. 25. GENERAL PROVISIONS: (1) The place of performance of the obligations of the principal and any surety on any improvement security mentioned herein shall be the County of Kem, State of California. (2) Any notice required to be given by one party to another party under this Agreement shall be given either by personal service or by ordinary United States Mail, postage prepaid, and in case of notice to the subdivider, to the address shown at the end of this Agreement, and in case of notice to County, to the Board of Supervisors, Kern County Administrative Center, 1115 Truxtun Avenue, Bakersfield, California 93301. (3) Subject to any provisions of this Agreement limiting the right or power to assign this Agreement or any part hereof, it is mutually agreed that the provisions of this Agreement shall be binding %W. I.. - V 4 upon and shall insure to the benefit of the parties to this Agreement and their respective helm, personal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties to this Aareamenthave executed the same on the day and year first mentioned hetein. APPROVED AS TO CONTENT: Director of inearing &Survey a.Department COUNTY OF KERN By Cclinty Planning DI or ("County' herein) CSubbdivider• herein) F_ Subdtvider's Address NOTE: (1) As :o each party which Is a corporation, affix corporate seal above. (2) Athich appropriate acknowledgements made before Notary Public State of California County of S . (- C "M It /tAv a On Ia-`N-Ob before me, 1V CA IF L. 1� 1 c -P f AT�,Rf&< Dai¢ pp Name allnne i m¢er¢q.aae¢ ooa.'rvmaryti personally appeared L-% r7 X a- Namerel m sreeeael pAARCIE L. RICE CommAsslon d 149191E _® Notary Rubllc - Calitaro, _ 9aaomento County My Camm. Ex plres May 4, 217ee Place Ndary seal Above I Personally known to me �J (or proved to me on the basis of satisfactory evidence) to be the persons) whose names) 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. 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 Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(les) Claimed by Signers) Signer's Name: Individual 7 Corporate Officer - Ttle(s): ❑ Partner - ::] Limited ❑ General ❑ Attorney in Fact rop ouwmn nere I Trustee I Guardian or Conservator J Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Ttle(s): ❑ Partner - -1 Limited U General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conserv ator -1 Other: 0 Signer Is Representing: 77-17777771-11 fl 2666 National Notary AssOcla�an 8360 oB SOIO Ave., PD. Dox 2102 LnavwoM. LA 91313 2<02 Item N¢ 59W N¢Drtl¢[ Cell T011 Flee 1 B00.6]6639 -'^i ti/F DErvt 11000 06-119 OWC No.: 0?-91ST03-PH/ Do Lnz DRAWN BY.• N -to MKY �n SHEETS ` +n MX JJ IJi= '.. Wim..:....: 350 ....:348 •EX. FLOiY1/NE� ..:....:....:....:346 :17 22*00 ..............350 ----=- - :348 ........... ....:346 -T- 22*00 PLAN OR MAP #707 EXHIBIT "A" STREET PLANS PARCEL MAP 10717 h ✓08 No.: 06-119 OWC No.: 0?-91ST03-PH/ DATE.• 11/1 i/06 DRAWN BY.• EAF/RTM CHECKED BY.• MKY SHEET 7 OF .i SHEETS Q 4 EXHIBIT "B" SPECIAL PROVISIONS AND/OR CONDITIONS Parcel Map 10717, Phase 1 DEFINITIONS: Forthe purpose of these Special Provisions and/or Conditions, the following terms shall be defined as herein provided: (a) 'Public Agency" shall mean the State of California, the County and the City located within the County, or any District formed under the State Water Code. (b) "Land Division Ordinance" shall mean Ordinance of the County, as set forth in Title 18, Division 1, Chapter 1, consisting of Section 18.05 to Section 18.85, both inclusive, of the Ordinance Code of the County. (c) "Agreement' shall mean the Agreement attached hereto, of which these Specifications are a part. (d) "Subdivision" shall mean the subdivision of land referred to in the Agreement. (e) 'Plans and Profiles" shall mean the plans and profiles designated as Exhibit "A" in the Agreement. (f) 'Development Standards" shall have the same meaning as defined by Section 18.70.120 of the Land Division Ordinance. 2. INCONSISTENT PROVISIONS: In the case of conflict between any of the provisions of the Land Division Ordinance and any of the provisions of the Standard Specifications or the Plans and Profiles, the provisions of the Land Division Ordinance shall prevail. 3. ROAD APPROACHES: The subdivider shall improve all roadway approaches from the subdivision to adjoining highways or rights-of-way belonging to public agencies. Said roadway approaches shall be improved in accordance with the requirements and/or specifications of the public agency affected. The Subdivider shall also furnish evidence to the County that permission has been granted to the Subdivider for such improvement work by the public agency affected, provided, however, that the "Agreement' shall constitute authority for the Subdivider to do such improvement work in connection with the adjoining highways or rights-of-way which belong to the County. 4. REMOVAL OF OBSTRUCTIONS: Attention is directed to section 18.55.030 A6 of the Land Division Ordinance. 5. DRAINAGE: The Subdivider at his or her sole cost and expense shall construct, install and provide the drainage improvements and facilities (including the construction and installation of cross -drains and cross -gutters) prescribed for the "Subdivision" in the plans and profiles, pursuant to and in accordance with specifications and details set forth therein, provided, however, that if at any 40 0 Exhibit "B" - page 2 time prior to the acceptance of the improvement work for the "Subdivision" by the County, it is determined by the Director of Engineering and Survey Services that the drainage improvements or facilities prescribed for the "Subdivision" in the plans and profiles will not provide adequate drainage for the disposal of drainage waters for the "Subdivision" due to erroneous data or information furnished to the said Director by the Subdivider, or his or her agents, employees, or engineers, and which erroneous data was considered by the Director in approving the drainage improvements and facilities prescribed for the "Subdivision" in the plans and profiles, then and in that event and notwithstanding the approval of said plans and profiles by the Director. The Subdivider shall at his or her sole cost and expense provide such additional drainage improvements or facilities as shall be determined necessary by the Director to adequately dispose of the drainage waters of the "Subdivision", including the disposal of such drainage waters to points beyond the territorial limits of the "Subdivision", as approved by the Director, provided, further, that if the plans and profiles for this "Subdivision" fail to provide for the construction of a cross -drain or cross -gutter at any street or alley intersection within the "Subdivision", and if it is determined by the Directorthat said omission was due to inadvertence, and that said cross -drain or cross -gutter is necessary to provide adequate drainage for the "Subdivision", then and in that event and notwithstanding said omission in the said plans and profiles, the Subdivider shall construct such cross -drain or cross -gutter in accordance with such specifications are details as are prescribed by the Director. 6. SURVEY MONUMENTS: The subdivider shall have replaced, by a Licensed Land Surveyor or qualified Registered Civil Engineer, any survey monuments or stakes damaged, moved, or covered up during the process of this work, in accordance with Section 8771 of the Land Surveyor's Act. AGREEMENT EXTENDING AND AMENDING SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP 10717, Phase 2 THIS AGREEMENT, made this Q0/1ay of Pa 20—LL by and between the COUNTY OF KERN, a political subdivision of this State f California, herein called "County", and F—DWFFRD r. LEE herein called "Subdivider". WITNESSETH: WHEREAS, the final subdivision map of Parcel Map 10717, Phase 2, was approved by the Planning Department of the County on the 17th day of December, 2007; and WHEREAS, on 27th day of December, 2007, the Subdivider entered into an Agreement pursuant to the Land Division Ordinance of Kern County and the Subdivision Map Act of the State of California for making and completing certain improvements in said Subdivision within one (1) year, and a copy of said original Agreement is on file with the Clerk of the Board of Supervisors; and WHEREAS, under the terms of the said Agreement (and further extensions of time duly granted) the Subdivider was and is required to place and complete all of the said improvements within the period terminating on the 27th day of December, 2008; but the Subdivider not having completed all of said improvements has requested the County to extend the time for completion of same. NOW, THEREFORE, in consideration of the mutual covenants herein contained, IT IS EXPRESSLY AGREED as follows: 1. The time for completion of the improvement work pursuant to !Vid Agreement, as hereby amended, is hereby extended for an additional period terminating on the Z4 day of "AV 201 Z. 2. Except as herein extended and amended, all terms and conditions of said original Agreement are incorporated herein and shall remain in full force and effect. 3. This Agreement shall become operative only at such time as the surety or sureties under the original Agreement consent to the execution hereof, or a new, good, and sufficient bond is filed with the County for the performance of the original Agreement as herein extended and amended. L-. 1 Y 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first mentioned herein. COUNTY OF KERN By: -m-Q— Chairman, Board of Supervisors CONSENT OF SURETY 'Edw-1111C z Subdivider Su�Add(!9 TG 3 v -2, The undersigned, being the surety which executed the Faithful Performance Bond, and the Labor and Material Bond, in connection with the original Agreement herein above mentioned does hereby acknowledge the execution of the foregoing Agreement extending and amending the said original Agreement, and does further agree that said bonds shall remain in full force and effect until all of the improvement work for the said subdivision provided in said Agreement as hereby extended and amended has been properly and fully completed. Developers Surety and Indemnity Company Name of Surety Agent for Surety Monica A. Hutchison, Attorney -in -Fact 516 Gibson Drive, Suite 240, Roseville, CA Address of Agent for Surety 676 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SIXGvarth evdl) V 01 i(o, ao t a before me, IVI.o Kico- A. tfutc1'Lilej YI , k)o+q c� Pu f rl tom, earn Here msen Name and Tate m the oxlrer personally appeared E�uoOyct T L4t- Neme(a)ol8lgnehsl who proved to me on the basis of satisfactory evidence to be the persons) 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 MONICA A. H'JTCHISON capacity(ies), and that by his/herttheir signature(s) on the Q2, Commission s nsassv instrument the person(s), or the entity upon behalf of zNotary Public-cciifomlo which the person(s) acted, executed the instrument. sacmmento County r/ryc�,�m.Exgrcvaxza,2m2 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and and officialseal. Signature/ l/c-oyt-c-CsL v^AZ=-�, Plam Notary Seal Above Sanawn m ry ral Pud¢ 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 Title or Type of C Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Individual Corporate Officer—Title(s): ❑ Panner — ❑Limited ❑General ❑ Attorney in Fad ]on onnumo nere F] Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual LJ Corporate Officer—Title(s): _ ❑ Partner —❑ Limited O General ❑ Attorney in Fad ❑ Trustee I I Guardian or Conservator Signer Is Representing: 02W rhaonal Neary AVMarod-sSsO he SdO A, PO B0+ 2G02•Cbe{ rm CA9s3 2402•www.NsmndNdrbmmQ dam maenn Reorar. CmlTd4`dedl 8]BeB2] 60 11 u CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :�ieci�ue7.�•c'i.���.�:��r.L �.�i�c.i.£iat.�.�;Gi'rv�`z-zcc^�.czi��•eC�c"���^�>c STATE OF CALIFORNIA County of Sacramento On March28, 2011 before me, Nicole R. Booth Nolary Public Dale Mere 11 Name and rliie of officer personally appeared Monica A. Hutchison Name(s) of Signer(a R. BOOTH o :NICOUE OMM..18_4402 z5: >s NaryR. Calilornio mk.. acramento CountyMy Cm. Expires Nor. 25, 2012 Place Nalary Seal Above who 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 his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State or California that the foregoing paragraph is true and correct. Witness my and off s I Signature---J/�a/ I(/p/a 5gnalura of Notary Publ¢ V 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 Title or Type of Document: Document Date: Signers) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Monica A. Hutchison 0 Individual 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General ® Attorney in Fact 0 Trustee ❑ Guardian or Conservator Top of thumb here 0 Other: Signer is Representing: Developers Surety and Indemnity CQMnany Number of Signers Name. 0 Individual 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General ❑ Attorney in Fact 0 Trustee 0 Guardian or Conservator Top of thumb here 0 Other: Signer is Representing: :v.' ,•zFZ`L cCL�....0' CcGc i�G�e -Cal CAn 1r-<2 WBei,•efionaNavlcel " c' aree:rtizZ`ti=ee1800a76 tic ®Pp0]Na(ona NMary Assocaon•p350 ne 5mc Ave..PO.Bw 2a03 �CnalswonM1. CA 99�3$W2•www NaliowlNolarye�p eem kE9p] geoNn. Call iol6Frae Lppp a76 6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY Of CALIFORNIA PO Box 19725, IRVINE, CA 92627 (949) 2653300 KNOW ALL BY THESE PRESENT$ Nat except as expreasy limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, considers and appointl ***Stephen D, Bender, David K. Johnson, Monica A. Hutchison, Edward D. Johnson, Nicole Booth, jointly or severally*** as their free and Not Aborney(s)-in-Fact, to make, execute, duver and aMnaNedgefor and on behalf of said Corporations, as soreded bond, undertakings and contracts of surety ship tf VIA and granting units said AWmey(s) in Fact full hexer and auth my to do and to perform every act necessary, requisde or proper to be done in connec600 Overarm as each of said wrpCaabons sold do, but reserving to each of said comoratgna full power of substation and revaarlw, and all m the ads of said Attomevirtin Four pursuant M Nese presents, are hereby ratified and confirtnM. This Rawer of Attorney s granted and is sgnetl by remark, untle and by auMaiy of Ne foboxing resolutions adapted by the respective Roads of Oneclom of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, spedNe as of January hat, 2008. RESOLVED, Nat a Wmbini of airy two of Ne Chairman of the Board, Me President, Emoubve ViCa President. Senior Vim Presdent many Mce President of Me wrymdd ons be, and trial each of Nem hereby is, amended, to exawte this Poorer of Attorney, qualifying Me atmmey(s) named in the Power mAttomay, to axeo><e, on behalf mthe rorporations,bonds, undMakings and commerce of suretyship ', aMtnM eSecretaryorany Assiswnt Secrdarydelvermthe Corp &msbe, and each of Nem hereby is, amounted to adest Me executon d any such Porker of Aftway, RESOLVED, FURTHER, Nat the signatures of such makers may W aMxed to any such Few d Attorney or N any cedfiw[e III thereto by Resimile, and any wen Power of Attorney or cedficme bearing such facsimile signatures shall be vatitl and binding upon the amporations when so all and in the future with reaped to airy bond, undePaking or contrect of surathi to which it is atraMed. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have seemly caused Nese presents to W coned by their respective oRkers and apestetl by their respecbre Seaebry or Assistant Secretary Nis January tar, 2008. Daniel rg, MoRpreaddrun Y Atha �HO� Okyp ANY �� n `Oweyy I �G4QPpOgq C9 �V / alLi q, BY OCToT i` S Stephen TPate. Senior VrcePresidenl %._�: 1936 D wch C 1969 Stare of Callfomla Cant, of Orarge On August 130 2608 Warren en _ Jenny IT Nguyen Notary Public Date Here Inseh Name and Title of the Clean Daniel Young and Stephen T. Pate Names) of Signm(s) Me proved to me on Me Was of satisfactory Maurice to W Ne pmsw(s) whoa nama(s) mare command to the within instrument and acknowledged to me Nal wilhemay exacutM Me same in hismerMen authorized .18181Y TT 1i1il1Y� wpady(ies), and NatbyhstherMeirsignmum(s)on Neinslrumentthepamonls), or Neentyupgn Whallof COMM, M 1781810 MAY Me hands s) acted, examined! the instrument NO(ARY PUBLIC GQ1fOFM IceNy under PENALTY OF PERJURY under the leas m Ne Sia, of California that Ne foregoing paragraph is ORANGE COO" bee and wrrecl. Qy cawan.-cow P& 1E1110 � WITNESS my M1antl and gRrul seal. Place Notery Seal Above Signature' 4111 Je TT Ng n,tory Public CERTIFICATE - The unders fined, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby cemily that be foragdrg crown OAWwy remains in full force and has not been revoked and, furfiamore, Nat Me provisions of the resofutons of Ne respedrve Boards m Directors of said corporations se Lorna in the Power mAtdmey are In force as of the date mares Cedfeed This Ced6can, isexeeuted in the Clyalivem CalifornialMQBd) dayarMarch 2,011 By ., lacerti Secretary V'Z/I41 regg Ok &1MORev]1109) A M1 a_ OR CERTIFICATOOF LIABILITY INSURAN CSR EJ °A EIMM °°IYYYYI - EDWAR-5 12/14/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Warren G. Bender Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4350 Auburn Blvd. #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 417456 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. EACH OCCURRENCE 1$1,000,000 NOTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO D° SO SHALL Sacramento CA 95841-7458 Phone:916-978-8558 INSURERS AFFORDING COVERAGE NAICIS INSURED INSURERA. Interstate Fire b CJaaUalt F $ COMMERCIAL GENERAL LIABILITY INSURER B. 12/14/06 12/14/07 CLAIMS MADE D OCCUR Edward 1. Lee I NFREED. 124 Raeanne Lane Folsom CA 95630 NEITHER F. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANYREQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. HHUC LTR NSR TYPEOF INSURANCE POLICY NUMBER PATE MMNBM' GATE MM/p LIMITS GENERAL LIABILITY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRITTEN EACH OCCURRENCE 1$1,000,000 NOTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO D° SO SHALL iii #400 93301 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. pREMises°IE «m,enaal �s 100, 000 A F $ COMMERCIAL GENERAL LIABILITY THD 12/14/06 12/14/07 CLAIMS MADE D OCCUR MEOEXP IAny One pereanl i`f S, Q_00_ PERSONAL A ADV INJURY S1,000,000 _ _ . GENERAL AGGREGATE 'E2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMP/OP AGG I $ 2,000,000 SIS r� POLICY PNO- LOC JECT AUTOMOBILE LIABILITY PNYAVTO COMBINED SINGLE LIMIT (EN s 1PAI) BODILY INJURY '$ ALL OWNED AUTOS SCHEDULED AUTOS Pe, Demon) BODILY INJURY $ HIRED AUTOS NON OWNED AUTOS (PAT a'Y'd t) PROPERTY DAMAGE $ Pe, a¢IEeY) GARAGEUABIUTY AVTOONLY-EAACCIDENT S HAN -- $ ANY AUTOEAACC — _..._ $ ' AUTO ON AUTO ONLY'. AGO EXCESSUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE $ AGGREGATE $ DEDUCTIBLE –... _ S RETENTION S WORKERS COMPENSATION AND TOM RYLIMITS _1 ER_ EM PLOVERS LIABILITY EL EACH ACCIDENT $ ANY PROPRIETURIPARTHERIEXECUTIVE E.L DISEASE EA EMPLOYEE -- -' – $ OyFeFICERIMEMBEREXCLUI SPE<NLLePROVISIONS Eeaw E.L DISEASEPOLICYLIMN $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 10 Day Cancellation Notice applies for non payment of premium / Re: Parcel Map No.10717, Phase 1, Subdivision Improvement Agreement, Bakersfield / County of Kern is included as additional insured per endorsement CC2033 1001 HOLDER ACORD 25(2001/08) wnrul<n uuW TBaD CDUNBAl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRITTEN NOTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO D° SO SHALL County of Kern 2700 I'M" Street, Bakersfield, CA #400 93301 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTNORI2EOR PRESENTATIVE ACORD 25(2001/08) wnrul<n uuW TBaD U V COMMERCIAL GENERAL LIABILITY CG 20 3310 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such per- son or organization be added as an additional in- sured on your policy. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: 2. Exclusions This insurance does not apply to: a. "Bodily injury', "property tlamage" or "per- sonal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders, change orders or drawings and specifications; and (2) Supervisory, inspection., architectural or engineering activities. b. "Bodily injury' or "property damage" occur- ring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your worlf' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contrac- tor or subcontractor engaged in perform- ing operations for a principal as a part of the same project. CG 20 3310 Ol 0 ISO Properties, Inc., 2000 Page 1 of 1 13 January 18, 2007 Kern County Boiard of Supervisors 1115 Trtc tun Av.e, 5a Floor Bakersfilled CA 93301 Attn: Denis Pennell, Clerk of the Board POLICY NTIMBER:.LIC1000103 INSURED: Edward L Lee GENERAL LIAB MY ATTACHMENT TO GENERAL LIABILITY CERTIFICATE OF INSURANCE DATED 12/14/06: The insurance carrier for the above insured is Interstate Fire & Casualty. They have established certain rules and guidelines for the program to be a viable and conthmous market for contractors. One of the restrictions in the program to the elimination of the wording `endeavor to" and "but failure to do so shall impose no obligation or liability of any kind upon the Insurer, its agents or representative". CANCELLATION: SHOULD THE DESCRIBED GENERAL LIABILITY POLICY BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WARREN G. BENDER CO. WILL bLAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER INDICATED CERTIFICATE HOLDER: Comb, of Kern 2700 "hf" St., #400 Bakersfield CA 93301 WARREN G. BENDER CO. SIGNATURE: .1= . 4. ._ , CTO SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 10717, PHASE 2 THIS AGREEMENT, made and entered into thisaltday of PC'(6vn 15iL� IL ,20!�J, by and between the COUNTY OF KERN, a political subdivision of the State of California, herein called "County," and ED whey L Z 6E herein called "Subdivider", WITNESSETH: WHEREAS: (a) Subdivider proposes to develop and subdivide by parcel map a tract of land in the County of Kem under the Subdivision Map Act (Government Code Sections 66410 et seq., sometimes referred to herein as "Map Act") and under the Land Division Ordinance of the County of Kem (Kem County Ordinance Code Section 18.05 at seq., sometimes referred to herein as "Ordinance"), and the Kern County Development Standards, latest edition, (sometimes referred to herein as "Standards"), and (b) The tentative parcel map has been approved by the County Planning Department, and (c) The Subdivider has submitted the parcel map to the County Planning Department for approval, and certain improvementwork required by the Land Division Ordinance and/or conditions of the tentative parcel map not having been completed, the Subdivider desires to enter into an agreement with the County for its completion, as required by Section 18.55.070 J. of the Land Division Ordinance. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: EFFECTIVE DATE: This agreement shall be effective concurrently with certification of the parcel map by the County Surveyor under Section 66450 of the Subdivision Map Act. 2. SUBDIVIDER TO COMPLETE IMPROVEMENT WORK: (1) Subdivider agrees to faithfully, properly, and fully construct and complete all the improvement work (referred to herein as the "work" orthe "improvements" or the "improvement work"), at its sole expense, in accordance with good engineering practices and in a good and workmanlike manner, all according to the general conditions, specifications, plans, and profiles attached to this agreement and incorporated herein by reference, and which are identified as follows: Exhibit A - Street Plan Exhibit B - Special Provisions and/or Conditions The County agrees to accept, subject to improvements and completion as herein provided, the following described streets: Compagnoni Street. (2) When all of the required improvement work, or a separate unit of the improvement work, has been properly and fully completed in accordance with this agreement, the Subdivider may apply in writing for inspection thereof; and the County shall cause it to be inspected and considered for acceptance or approval under Section 18.55.100 of the Ordinance. 3. TIME FOR COMPLETION: The work shall be fully completed within one (1) year from the date of approval of the final map, to - wit, on or before the � day of D�VV? , 20,0& or within such extension of time as may be authorized by the Board under Section 18.55.120 of the Ordinance. 4. MAINTENANCE OF IMPROVEMENTS PENDING ACCEPTANCE OF APPROVAL: The Subdivider shall maintain all of the improvement work, and shall repair or replace any improvement work which may deteriorate, or be damaged, or destroyed from any cause, subject to release from such obligation as provided in Section 18.55.100 of the Ordinance. S. REPAIR OF DAMAGE BY SUBDIVIDER TO ACCEPTED WORK: The Subdivider shall repair or replace any damage to any work which has been accepted or approved by the Board, as may be caused by any other undertaken by the subdivider or his surety. 6. GUARANTEE AGAINST DEFECTS: With respect to improvement work which has been accepted or approved by the Board, the Subdivider shall guarantee and maintain the same against any defective work or labor done, or defective materials furnished, in the performance of this agreement, which is reported in writing delivered to the Clerk of the Board at any time within one (1) year after the operative date of acceptance or approval of such work by the Board. The Subdivider shall promptly correct, repair, or replace any and all defects on demand. PROVISIONS NOT LIMITATION ON LIABILITY: None of the provisions of Section 4 through 6, inclusive, or this agreement, shall be construed as limiting the scope or extent of any liability of the Subdivider under the law for any willful or negligent act or omission of the Subdivider, his contractors, agents, or employees. 8. DRAINAGE FACILITIES, CHANGES MAY BE REQUIRED With respect to drainage facilities, the Subdivider agrees to carry out any changes or alterations in the design, or construction thereof as may appear necessary to the Board to protect life, or property in the exercise of its reasonable discretion at any time prior to acceptance of approval thereof. 9. IMPROVEMENTS GENERALLY, LIMITED CHANGES MAY BE REQUIRED: With respect to other improvement work, the Subdivider agrees to carry out such changes or alterations in the design or construction thereof as may appear necessary to the Board in the exercise of its reasonable discretion for the accomplishment of the purposes of the Ordinance and the Standards, provided, however, that the net aggregate cost of such changes or alterations shall not exceed ten percent (10%) of the original estimated cost of the improvements described in this agreement, and further provided that, with respect to any particular feature of said improvement work the estimated cost of which is separately itemized herein, such changes or alterations shall not exceed ten percent (10%) of such itemized cost of such feature, in any case taking into account the aggregate of additive and deductive changes, and excluding such changes or alterations as may be requested by the Subdivider and/or as may be required under Section 8 above. 10. CHANGES RENESTED BY SUBDIVIDER: (1) The Subdivider shall not change or alter the design, specifications, or mode of accomplishment of the improvement work as provided herein, except as authorized by the Board. (2) If any such change or alteration requested by the Subdivider shall cause the estimated cost of all work to be done to exceed the liability of his surety, orthe amount of such liability as increased under Sections 11 and 12, or the aggregate amount of other forms of security for faithful performance of such agreement, as the case may be, authorization by the Board shall be of no effect. 11. INCREASE OF IMPROVEMENT SECURITY RELATIVE TO CHANGES OR ALTERATIONS: (1) The amount of security for faithful performance shall be increased by the amount of the cost of any additional work required by a change or alteration required or authorized under Sections 8, 9, or 10 above. (2) The amount of security for payment to contractors, etc., shall be increased in an amount which is that proportion of the amount of increase mentioned in paragraph (1) above, as the original security for payment to contractors, etc. (as fixed by the Board) bears to the original amount of the security for faithful performance (as fixed by the Board). (3) If security is in the form of a corporate surety bond, it shall provide that the liability of the surety thereunder shall automatically increase in the respective amounts mentioned in paragraphs (1) and (2) above, in case the Board requires or authorizes any change or alteration under Sections 8, 9, or 10 above, subject to the limitations in Section 12 below. If such bond lacks such provisions, the Subdivider shall procure its amendment to so provide, or shall procure an increase in its amount, or shall furnish additional security conforming to Section 18.55.070 E. of the ordinance, in accordance with paragraphs (1) and (2) above, as a condition to approval of any change or alteration requested by the Subdivider, or, in any case, within a reasonable time after an order of the Board requiring a change or alteration. (4) If security is in the form of a corporate surety bond, and by reason of any limitation in Section 12 below the amount of liability of the surety thereon is less than the amount of security should be with the respective increases mentioned in paragraphs (1) and (2) above, the Subdivider shall furnish additional security conforming to Section 18.55.070 E. of the Ordinance, so as to cause the aggregate amount of security to be in accordance with paragraphs (1) and (2) above, as a condition to approval of any change or alteration requested by the Subdivider, or in any case, within a reasonable time after an order of the Board requiring a change or alteration. (5) If the security is in a form other than a corporate surety bond, the Subdivider shall increase the amount thereof, or shall furnish additional security conforming to Section 18.55.070 E. of the ordinance, in accordance with paragraphs (1) and (2) above, as a condition to approval of any change or alteration requested by the Subdivider, or in any case, within a reasonable time after an order of the Board requiring a change or alteration. 12. LIMITATION ON LIABILITY OF CORPORATE SURETY RELATIVE TO CHANGES OR ALTERATIONS NOT APPROVED BY SURETY: With respect to such changes or alterations as to which the consent of a corporate surety is not obtained, the amount of increase in its liability under its improvement security for faithful performance and for security for payments to contractors, etc., respectively, shall not exceed in the aggregate ten percent (10%) of the original amount of such security as fixed by the Board in any case taking into account both additive and deductive changes, and excluding such changes or alterations as may be requested by the Subdivider and expressly approved by the surety 13. FAILURE TO TIMELY COMPLETE WORK OR COVENANTS: If the Subdivider or his surety shall fail to complete the improvement work or perform his covenants faithfully, properly and in full accordance with this completion agreement, all within one (1) year from the date of this approval of the final map by the Board, or within any extension of time as the Board may authorize under Section 18.55.120 of the Ordinance, the County shall be entitled to exercise its right of recovery upon any corporate surety bond given to secure faithful performance (or if the improvement security is in a form other than a corporate surety bond, the County shall be entitled to possession of and title thereto and the proceeds thereof), in either case without any prior notice and without prejudice to any other remedy the County may have in the premises at law or in equity, including but not confined to, the option to cause the work to be completed as provided in Section 15, or to cause any covenant to be performed under any other applicable provisions of this agreement. 14. FAILURE TO BEGIN WORK OR PERFORM COVENANTS AND CONTINUOUSLY PERFORM, AFTER NOTICE. (1) If the Board in the exercise of its reasonable discretion shall determine: (a) That the Subdivider has failed or neglected to begin the work, or any feature of the work, within a time which will reasonably allow its completion within the time (or anyvalid extension of time) provided in this Agreement, or (b) That the Subdivider has abandoned any of the work, or (c) The Subdivider has failed to keep the work under direct control of a superintendent, manager, engineer, or other competent agent, or (d) That the Subdivider (if he shall be an individual person) has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared, or is deceased, or (e) That the Subdivider has filed a petition in bankruptcy or has been declared bankrupt, or (f) That the Subdivider has failed or neglected to timely perform any of his covenants in this agreement, or (g) That there is any other circumstance showing that the County is not reasonably secure in the proper and timely performance of this agreement or any covenant therein; then, upon any such determination, the Board shall be entitled to give the Subdivider and his surety a fourteen (14) day written notices to begin the work or perform such covenant, and/or to diligently and continuously perform such work or covenant. (2) If the Subdivider or his surety shall fail to do so within such fourteen (14) day period, the County shall be entitled to exercise its right of recovery upon any corporate surety bond given to secure faithful performance (or if the improvement security forfaithful performance is in a form otherthan corporate surety bond, the County shall be entitled to possession of and title thereto and the proceeds thereof), without any additional notice and without prejudice to any other remedy the County may have in the premises, at law or in equity, including but not confined to, the option to cause the work to be completed as provided in Section 15 or to cause any covenant to be performed under any other applicable provision of this agreement. (3) Without limiting the generality of the foregoing provisions of this section, the covenants of the Subdivider provided in Section 4, 5, and 6 shall be deemed to be covenants within the meaning of this Section. 15. OPTION OF THE COUNTY TO CAUSE WORK TO BE DONE OR COVENANTS PERFORMED: (1) In any event mentioned in Section 13, or after a determination and notice by the Board of Supervisors, and expiration of the period mentioned in Section 14, the County shall be entitled, at its option and in the discretion of the Board, to cause all or any part of the improvement work to be done, and/or to cause all or any covenants of the subdivider to be performed, in accordance with the agreement and the specifications therein, for the account and at the expense of the Subdivider and his surety. (2) If the County shall so elect to cause all or any part of the improvement work to be done, it shall also be entitled, at its option and in the discretion of the Board, to perform all or any of the covenants of the Subdivider mentioned in Sections 4, 5, and 6, forthe account and at the expense of the Subdivider and his surety, without any additional notice. (3) In so doing the County may cause such work to be done or such covenants to be performed by independent contractors, by County officers, and employees, or by the services of any public agency, or public utility company, or by any combination thereof. (4) In so doing the County may cause any necessary additional planning to be done or specifications to be prepared, and may procure or provide such equipment, fuel, materials, labor, supervision, inspection, and expert assistance, insurance, and bonds, as may appear reasonably necessary to properly accomplish such work, or the performance of such covenants. (5) In so doing the County shall be entitled to use, at its option, any equipment, fuel, materials, or other property of the Subdivider as may be upon the site forthe purposes mentioned in this section, but shall not be limited thereto. (6) The Subdivider and his surety shall be liable to the County and shall paythe County on demand for all expenses incurred by the County in the respects mentioned in this section, including a reasonable amount for the administrative expenses incurred by the County. The maximum liability of the surety in such case shall not exceed the amount of its bond, and any increase thereof under Sections 11 and 12, and such other sums as the surety may be required to pay under the express provisions of the bond. If any suit be brought by the County for recovery from the Subdivider of any expenses incurred by the County under this Sectionf 5, the Subdivider shall pay to the County, such reasonable attorneys fees as the court may determine, in addition to costs of suit. (7) The County shall not be required to cause any such work to be done, or any such covenant to be performed to be entitled to recover, or have the amount of the faithful performance security. (8) The County shall not be prejudiced with respect to any remedy it may have in the premises, including but not confined to, its right to recover or have the amount of the faithful performance security, by virtue of its right to cause such work to be performed, or by virtue of doing all or any part of such work, or performing all or any part of such covenant, or by not causing it to be done, or by undertaking to do so and terminating its efforts for whatever cause. 16. INDEMNIFICATION PROVISIONS: (1) The Subdivider shall, and it does hereby agree to, hold harmless, indemnify, and defend the County, its governing board, officers, and employees from each and every liability, loss, claim, or demand which may arise or may be made in connection with the improvement work by reason of: (a) Any act, omission, or neglect of the Subdivider, its officer, employees, agents, engineers, contractors, subcontractors, independent contractors, or independent subcontractors, or (b) Any personal injury, or death of any person, or any damage to, or loss of any property sustained by any person, firm, or corporation, and for which the Subdivider is legally liable, or (c) Any damage to or taking of any property arising from any plans, specifications, or profiles attached hereto, or otherwise arising from the improvement work. (2) Nothing in this article shall be construed to require the Subdivider to indemnify against any responsibility or liability in contravention of Section 2782 of the California Civil Code, including any loss arising from a design defect which is the result of the sole negligence of the County. (3) The Subdivider hereby waives all claims and recourse against the County, including the right to contribution or indemnity, for any personal injury to, or death, of the Subdivider or any person, or for any damage to or loss of any property sustained by the Subdivider or any person, firm, or corporation, arising from or in any way connected with or incident to this contract or its performance, except in the case of active negligence of the County or of its governing board, officers, or employees for which the County is legally liable. (4) The Subdivider shall, and it does hereby agree to, at its own cost, expense, and risk, timely, diligently, and adequately defend any and all actions, suits, or legal proceedings which may be brought against the County, its governing Board, officers, or employees on any liability, claim, ordemand which it has agreed to indemnify against under this Section 16, satisfy any resulting final judgment that may be rendered against any of them therein. In any such event the Subdivider shall, on gaining information thereof, promptly notify the County and undertake such defense. In such event the Subdivider shall retain the right of control of the defense; provided, however, that the County shall have the option of defending and representing itself or its governing board, or any of its officers or employees, and in such case the Subdivider shall not be required to bear any attomeys' fees orexpenses of litigation incurred by the County in so doing. Nothing in this paragraph shall be deemed to excuse the Subdivider from payment of any attomeys' fees or expenses of litigation incurred by the County as a result of failure by the Subdivider to timelyf4iligently, or adequately represent- defend in accordance with this paragraph after having been requested to do so. (5) Itis mutually agreed that the surety of the Subdivider under the improvement security shall not be deemed liable for the performance of any of the covenants or indemnities of the Subdivider in Section 16, unless such surety shall undertake the completion of an improvement, orthe conduct of work required to be done, orthe performance of a covenant of the Subdivider under this agreement, and then only to the extent of an act, omission, or neglect of the Surety, its officers, employees, agents, engineers, contractors, subcontractors, independent contractors, or independent subcontractors in the course thereof. 17. SUBDIVIDER AND ITS CONTRACTORS TO CARRY WORKER'S COMPENSATION INSURANCE: The subdivider agrees to secure, maintain, and timely pay all premiums on, and cause his contractors and subcontractors to secure, maintain, and timely pay all premiums on, Worker's Compensation Insurance as required by the California Labor Code and amendments thereto, at all times until their respective work is completed, and furnish to the County satisfactory evidence thereof on request. 18. SUBDIVIDER TO PROVIDE POLICY OF LIABILITY INSURANCE: (1) The Subdivider agrees to secure, maintain, and timely pay all premiums on a policy or policies of broad form comprehensive liability insurance in the amounts, and with the coverage and endorsements set forth below, in form and with insurance companies satisfactory to the Engineering & Survey Services Director & County Counsel, by the terms of which the named insured and additional insureds are indemnified against liability for any bodily injury or death of any person, or any damage to or loss of any property sustained by any person, firm, or corporation, and for which the Subdivider is legally liable. (2) The limits of such policy, or the aggregate limits of such policies, shall be not less than: (a) Bodily injury liability: $300,000 each person; $500,000 each occurrence; Property damage liability: $50,000 each occurrence; $100,000 aggregate; or, at the option of the Subdivider: (b) $500,000 combined single limit bodily injury liability and property damage liability. (3) Said policy or policies shall contain provisions or endorsements as follows; (a) Showing the County, its governing board, officers, employees, and agents as additional insured. (b) Providing blanket contractual liability coverage for the Subdividers indemnity obligations for personal injury or death of any person, or for any damage to or loss of property, and for which the Subdivider is legally liable. (c) Pr -ding broad form property damageliability coverage, including but not confined to, damage caused by blasting, collapse, structural injuries, and damage to underground utilities. Such policy or endorsement shall not contain the so called "X", "C" or "U" exclusions. (d) Providing coverage of the Subdivider's products and completed operations. (e) Providing "cross liability" or "severability of interest" coverage for all said additional insureds. (f) Providing that any other insurance maintained by the County, its governing board, officers, employees, or agents is excess and not contributing insurance with respect to the insurance carried by the Subdivider. (g) Providing that the coverage afforded said additional insureds shall not be prejudiced by any failure of the Subdivider or any other person to comply with any notice requirements of such policy. (h) Providing that such policy may not be canceled nor maythe coverage thereof be reduced, nor may any provision of the endorsement thereof be amended or revised in any manner detrimental to the interests of said additional insureds, until expiration of thirty (30) days after written notice thereof has been delivered to the Engineering & Survey Services Director. (4) The Subdivider shall maintain the insurance coverage required in this section and pay all premiums promptly when due, at all times until expiration of one (1) year after all improvement work mentioned in the agreement has been accepted or approved by order of the Board. (5) Prior to presentation of the parcel map to the County Planning & Development Services Director for approval, the Subdivider shall file with the County Surveyor a certificate of insurance, showing the insurance coverage required under this section. (6) Within thirty (30) days after approval of the parcel map by the County Planning & Development Services Director, the Subdivider shall file with the County Surveyor (a) a true copy, certified by the insurance carrier of said policy (or policies) and all endorsements thereon, showing the insurance coverage required under this section, and (b) a true copy of a receipt showing payment of all premiums on such policy or policies. (7) At all times during which the Subdivider is required to maintain insurance coverage under this section, there shall be filed with the County Surveyor promptly after issuance a true copy, certified by the insurance carrier, of: (a) any endorsement or certificate showing renewal of any policy (or policies) required under this section, or (b) any policy which renews or replaces any such policy with all endorsements thereon, or (c) any new or amended endorsement. (The filing of any such policy, endorsement or certificate shall not be deemed to excuse the carrier from furnishing any notice required in paragraph 3(h) above). The Subdivider shall also promptly file with the County Surveyor a true copy of the receipt showing payment of all premiums due on account of any such renewal or replacement. (8) If at any time during which the Subdivider is required to maintain insurance coverage under this section, the Subdivider or its surety shall fail to maintain the insurance coverage so required, or to promptly pay all premiums thereon when due, or if any policy(or policies) so required is canceled, or if the coverage therein is reduced, or any provision of endorsement therein is amended or revised in any manner detrimental to the interest of the County or other additional insureds, the County shall be entitled to make written demand upon Subdivider for payment of such de-quent premium or replacement of such policy ,or coverage provisions, or endorsement, as the case may be, and if such default is not cured within seven (7) days from the date of such demand, the County shall be authorized, at its option exercised by and in the discretion of the Board or County Administrative Officer, to pay all or part of such delinquent premium or to obtain a replacement policy, coverage provision, or endorsement, as the case may be, similar to that required by this section, provided that by so doing it shall have no obligation to obtain coverage for the Subdivider or his surety, except at its option, and upon demand by the County ,the Subdivider, and its surety, jointly and severally, shall be obligated to and shall reimburse the County for any premiums incurred by the County in any such respect. 19. LIABILITY INSURANCE, BOARD MAY REQUIRE OR AUTHORIZE ADDITIONAL OR MODIFIED COVERAGE OR ENDORSEMENTS: (1) In exercise of its reasonable discretion, from time to time, the Board is authorized to require the Subdivider to furnish other or additional coverage or endorsements in connection with insurance coverage required in Section 18, as it may determine to be in the public interest, or for the proper protection of the County, its governing board, officers, employees, or agents, provided that such coverage or endorsement is generally available to persons doing similar improvement work from insurance companies admitted underthe laws of California. Subdivider agrees to secure, maintain, and timely pay all premiums on such other, or additional coverage, orendorsements within a reasonable time after written demand therefore from the County, and to promptlyfile with the County Surveyor a true copy of the policy or endorsement evidencing the same, certified by the insurance carrier; and such coverage or endorsement shall be subject to all of the provisions of the paragraphs 3 through 8, inclusive, of Section 18. (2) The County and the Subdivider may, by mutual agreement, amend this agreement to provide for modification or deletion of coverage or endorsements in connection with insurance coverage required in Section 18, if the Board determines that such coverage or endorsement is not generally available to persons doing similar improvement work from insurance companies admitted underthe laws of California. 20. IMPROVEMENT SECURITY: (1) The Subdivider shall file with the Engineering & Survey Services Department, priorto the approval of the parcel map, good and sufficient improvement security in accordance with Sections 66499 through 66499.10, inclusive, of the Map Act and Section 18.55.090 of the Ordinance. (2) All improvement security shall remain in full force and effect, and any improvement security in form other than corporate bond shall be held and retained by the County, at all times until reduced or released in accordance with the provisions of Section 18.55.090 of the Ordinance; provided; however, that with approval of the Board, one form of security authorized by Section 18.55.090 of the Ordinance may be substituted for security previously furnished. (3) Security forfaithful performance shall be separate in form and amount from security for payment to contractors, etc. (4) In accordance with Section 66499.6 of the Map Act, all such security shall be held by the County as a trust fund to guarantee and secure performance of the Subdivider's obligations under this agreement, and shall not be subject to levy or attachment by any creditor of the Subdivider or creditor of any other depositor of such security, except when and to the extent that such security is reduced or released under Section 18.55.130 of the Ordinance. `0 (5) Security for faithful performance shall secure faithful, proper, full, and timely completion of all improvement work and all the Subdivider's covenants in this agreement, including but not confined to, maintenance of improvements pending acceptance or approval, repair of damage to accepted work, and guarantee against defects, as provided in Sections 4, 5, and 6. (6) Security for payment of claims of Contractors, etc., shall secure payment of all claims and sums mentioned in Section 66499.2 of the Map Act, including but not confined to costs, reasonable expenses, and fees (including reasonable attorney's fees) incurred in successfully enforcing such obligation. (7) The extent of the Subdivider's liability under this agreement shall not be deemed limited to the amount of the improvement security in any case. No limitation upon the liability of a corporate surety in this agreement shall be construed as a limitation on the liability of the Subdivider. (8) If the security is in the form of a corporate surety bond, it shall contain those provisions in Sections 18.55.090 E and F of the Ordinance, among others. (9) If the security is in the form of a letter of credit, it shall conform with Section 18.55.090 H of the Ordinance among others. (10) If the security is in the form of a letter of credit, it shall also contain those provisions in paragraph 1 of Section 18.55.090 H.4, 5. and 6. of the Ordinance, among others, and shall further provide that the bank or other institution issuing same agrees to pay to County all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by it in enforcement of same or collection of any draft drawn under it, and the Subdivider agrees that he shall furnish a new letter of credit, or other form of security under Section 18.55.090 of the Ordinance, at least sixty(60)days prior to expiration of the letter of credit initially furnished, in the same amount, adjusted for any increases under Section 18.55.070 E. and for any reductions under Section 18.55.130 and that, if he shall fail to do so, the full amount of the letter of credit shall be forthwith payable to the County, whereupon the proceeds shall be held in trust by the County for like security purposes under Section 18.55.090, and that any sum so paid to the County may be deposited by it in banks or otherwise invested in the manner provided by law for trust funds in its custody, in which case the County shall be entitled to retain all interest, if any, earned thereon, while so deposited or invested. (11) The estimated cost of the various features of the work of improvement to be used as the basis for determination of the amount of such security and for reduction of security in accordance with other provisions of this Agreement is as follows: Street, Drainage, and Miscellaneous Improvements $263,737.00 21. WATER SYSTEM, SPECIAL PROVISIONS: If a water system is part of the improvement work, or if the Subdivider installs a water system in conjunction with other improvement work in the subdivision or prior to its completion, the Subdivider agrees as follows: (1) Those water lines and other parts of the water system which may be located within the boundaries of any street, highway, alley, or way which is or will be offered for dedication for public 10 use or which has been dediced to public use, shall be under or brought under a franchise issued by the County or a statutory franchise, in accordance with the provisions of this section. (2) In case the Subdivider proposes to transferthe ownership oroperation of such water system to a water company or district, the transferee shall hold a franchise issued by the County or a statutory franchise, applicable to the proposed water system; and further the subdivider, or such transferee water company or district, as the case may be, shall covenant with the County that the right to maintain and operate those water lines and other parts of such system within the boundaries of any street, highway, alley, or way which is or will be offered for dedication for public use or which has been dedicated to public use shall be solely under a franchise issued by the County or such statutory franchise, as the case may be, provided that the subdivider may take such a transferto a watercompany lacking such a franchise, it shall also covenant with the County that, within a reasonable time after such transfer, it shall apply for, bid upon, and do everything necessary to perfect such a franchise under that statute with terms most favorable to the County as may be in effect at the time of its application. (3) The covenants required of the transferee in paragraph (2) shall be furnished to the County, prior to consummation of any such transfer. 22. CONFORMITY TO LAWS, OBTAINING PERMITS: Subdivider agrees to conform to all laws, regulations, and ordinances, including but not limited to, those relating to burning, air pollution, and explosives. Subdivider agrees to obtain all required permits in a timely manner. 23. EFFECT OF WAIVERS: No waiver or indulgence by the County with respect to the performance of any duty agreed to be performed, or the payment of any sum agreed to be paid by the Subdivider or its surety at any time shall be deemed to be a waiver or indulgence by the County, or extension of time with respect to any other duty or payment or at any other time. 24. ATTORNEY'S FEES ON SUIT: If any suit be brought by the County for the recovery of any sum due under this Agreement for any damages for the breach of this Agreement, or to compel performance of this Agreement, the County shall be entitled to such reasonable attorney's fees as the Court may determine, in addition to its costs of suit. 25. GENERAL PROVISIONS: (1) The place of performance of the obligations of the principal and any surety on any improvement security mentioned herein shall be the County of Kem, State of California. (2) Any notice required to be given by one party to another party under this Agreement shall be given either by personal service or by ordinary United States Mail, postage prepaid, and in case of notice to the subdivider, to the address shown at the end of this Agreement, and in case of notice to County, to the Board of Supervisors, Kern County Administrative Center, 1115 Truxtun Avenue, Bakersfield, California 93301. (3) Subject to any provisions of this Agreement limiting the right or powerto assign this Agreement or any part hereof, it is mutually agreed that the provisions of this Agreement shall be binding 11 upon and shall insure to the befit of the parties to this Agreement9nd their respective heirs, personal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties to this Agreement have executed the same on the day and year first mentioned herein. APPROVED AS TO CONTENT: By: Director q Engineering & Survey Services Department SEE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT COUNTY OF KERN BY lk ounty Planning rector ("County" herein) By: �� l /. ("Subdivider" herein) /z SI /-ate Lu Subdivider's Address 4E°/rte, (A `i1G30 NOTE: (1) As to each party which is a corporation, affix corporate seal above. (2) Attach appropriate acknowledgements made before Notary Public 12 CALIFORNIA ALL-PURPOSVACKNOWLEDGMENT State ofcA ZFoRNI.A County of PLACER On e tr ( before me, x�rr >3 r- -Notary Public DATE NAME, TITLE OF OFFICER, A G.,'JANE DOE. NOTARY PUBLIC" personally appeared to be the person(4whose name4) is subscribed to the within instrument and ac- knowledged to me that bsHeAhey executed the same in hi authorized ADKcapacity("i , and that byKIM BOWi r ER V COMM. ,Br i signature(&) -on the instrumentPe person(s� O NOTARYPUBLIC0 or the entity upon behalf of which the Pli ` COMM. EXPIRES MARCH person(sj-acted, executed the instrument. WITNES my hand and official seal. SIGNATOREOFNOTARY OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER FILTER) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON S) OR ENTITYIIEBI DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 RB,nTat Ave., P.O. Box 7184 • Canoga Park, CA 91309-0180 so w Y a 1j _1 U d S v a U O Q W PLAN OR MAP #766 EXHIBIT "A" STREET PLANS PARCEL MAP 10717 Z N a Q Z � h W W W4 o J Q Q11W Q C4 a JOB Na: 0B219 DWO NO.: 02-928T0>-PH2 DATE 12/13/06 ORAWNBY EAF/RTM CHECKEDBY* M1N SHEET OF 3 SHEET Q 0 EXHIBIT "B" SPECIAL PROVISIONS AND/OR CONDITIONS PARCEL MAP 10717 Phase 2 DEFINITIONS: For the purpose of these Special Provisions and/or Conditions, the following terms shall be defined as herein provided: (a) "Public Agency" shall mean the State of California, the County and the City located within the County, or any District formed under the State Water Code. (b) "Land Division Ordinance" shall mean Ordinance of the County, as set forth in Title 18, Division 1, Chapter 1, consisting of Section 18.05 to Section 18.85, both inclusive, of the Ordinance Code of the County. (c) "Agreement" shall mean the Agreement attached hereto, of which these Specifications are a part. (d) "Subdivision" shall mean the subdivision of land referred to in the Agreement. (e) 'Plans and Profiles" shall mean the plans and profiles designated as Exhibit "A" in the Agreement. (f) "Development Standards" shall have the same meaning as defined by Section 18.70.120 of the Land Division Ordinance. 2. INCONSISTENT PROVISIONS: In the case of conflict between any of the provisions of the Land Division Ordinance and any of the provisions of the Standard Specifications or the Plans and Profiles, the provisions of the Land Division Ordinance shall prevail. 3. ROAD APPROACHES: The subdivider shall improve all roadway approaches from the subdivision to adjoining highways or rights-of-way belonging to public agencies. Said roadway approaches shall be improved in accordance with the requirements and/or specifications of the public agency affected. The Subdivider shall also furnish evidence to the County that permission has been granted to the Subdivider for such improvement work by the public agency affected, provided, however, that the "Agreement' shall constitute authority for the Subdivider to do such improvement work in connection with the adjoining highways or rights-of-way which belong to the County. 4. REMOVAL OF OBSTRUCTIONS: Attention is directed to section 18.55.030 A6 of the Land Division Ordinance. 5. DRAINAGE: The Subdivider at his or her sole cost and expense shall construct, install and provide the drainage improvements and facilities (including the construction and installation of cross -drains and cross -gutters) prescribed for the "Subdivision" in the plans and profiles, pursuant to and in accordance with specifications and details set forth therein, provided, however, that if at any Q 0 Exhibit "B" - page 2 time prior to the acceptance of the improvement work for the "Subdivision" by the County, it is determined by the Director of Engineering and Survey Services that the drainage improvements or facilities prescribed for the "Subdivision" in the plans and profiles will not provide adequate drainage for the disposal of drainage waters for the "Subdivision" due to erroneous data or information furnished to the said Director by the Subdivider, or his or her agents, employees, or engineers, and which erroneous data was considered by the Director in approving the drainage improvements and facilities prescribed for the "Subdivision" in the plans and profiles, then and in that event and notwithstanding the approval of said plans and profiles by the Director. The Subdivider shall at his or her sole cost and expense provide such additional drainage improvements or facilities as shall be determined necessary by the Director to adequately dispose of the drainage waters of the "Subdivision", including the disposal of such drainage waters to points beyond the territorial limits of the "Subdivision", as approved by the Director, provided, further, that if the plans and profiles for this "Subdivision" fail to provide for the construction of a cross -drain or cross -gutter at any street or alley intersection within the "Subdivision", and if it is determined by the Directorthat said omission was due to inadvertence, and that said cross -drain or cross -gutter is necessary to provide adequate drainage for the "Subdivision", then and in that event and notwithstanding said omission in the said plans and profiles, the Subdivider shall construct such cross -drain or cross -gutter in accordance with such specifications are details as are prescribed by the Director. 6. SURVEY MONUMENTS: The subdivider shall have replaced, by a Licensed Land Surveyor or qualified Registered Civil Engineer, any survey monuments or stakes damaged, moved, or covered up during the process of this work, in accordance with Section 8771 of the Land Surveyor's Act. 0 0 • I A K E R S F I E L D P6 NOV Is PM 2: 24 PUBLIC WORKS DEPARTMENT uAi6l", i , a I y q:,Eflti MEMORANDUM TO: Katharine Dye, City Clerk's Office FROM: Daniel Padilla - Acting Civil Engineer IV, Subdivisions DATE: November 9, 2016 SUBJECT: Parcel Map 10717 Phase I and Phase 2 - County Agreements Parcel Map 10717 Phase 1 - Performance Bond #569385S ($186,802.00) and Labor and Material Bond #569385S ($93,401.00). Parcel Map 10717 Phase 2 - Performance Bond #569975S ($263,737.00) and Labor and Material Bond #569975S ($131,869.00). I am requesting the original bonds for Performance and Labor and Material. The Bonds were Issued by Developers Surety and Indemnity Company. If you have any questions please contact Michelle Mendenhall at 326-3582 in the Public Works Department. S:\LANDDIVISION\REDUCE@RELEASE\2016\PM10717 1-2 BOND RELEASE CIN CLERK ilk 0 *ISSUED IN DUPLICATE* SECURITY FOR LABORERS AND MATERIALMEN IN CONNECTION WITH PERFORMANCE OF SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 10717, PHASE 1 Bond No. 5693855 KNOW ALL MEN BY THESE PRESENTS: Premium: Included WHEREAS,QDA ty r'o (hereinafter designated as "Surety") possesses a valid certificate of authority from the Insurance Commissioner of the State of California authorizing it to write surety insurance as defined in Section 105 of the Insurance Code of California, and WHEREAS, the Board of Supervisors of the County of Kam, State of California, (hereinafter designated as "County"), and EdwardT ee (hereinafter designated as "Principal") have entered into an agreement whereby Principal agree to install and complete certain designated public improvements, which said agreement, dated eW-4e T14 , 20o�, and identified SUBDIVISION IMPROVEMENT AGREEMENT, PARCEL MAP NO. 10717, PHASE 1, is hereby referred to and made a part hereof, and WHEREAS, under the terms of said Agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the County to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California, in conformity with Chapter 5 of the Subdivision Map Act (commencing with Government Code Section 66499). NOW THEREFORE, we the Principal and Surety held firmly bound unto the County and all contractors, subcontractors, and persons furnishing or renting equipment to them, laborers, materialmen, and other persons employed in the performance of said agreement and referred to in said Civil Code in the sum of Ninety Three Thousand Four Hundred One and 00/100 Dollars ($93,401.00 ) for materials furnished, for equipment fumished or rented, or labor thereon of any kind, or for amounts due underthe Unemployment Insurance Actwith respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including attomey's fees, incurred by the County, or any person, company, or corporation given a right of action herein, in successfully enforcing such obligation, to be awarded and fixed by the court, and be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to filed claims under Title 15 (Commencing with Section 3082) of Part 4 Division 3 of the Civil Code, so as to give the right of action to them or their assignees in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall be come null and void, otherwise it shall remain in full force and effect. The Surety stipulates and agrees that its liability hereunder shall automatically increase by fifty percent (50%) of the amount of the aggregate cost of any additional work required by a change or alteration in the design or construction of the work of improvement required or authorized under Section 8, 9, or 10 of the agreement, as estimated by the Board of Supervisors of the County; provided, however, with respect to any changes or alterations to which the express consent of the Surety is not obtained, the amount of increase in its liability hereunder shall not exceed in the aggregate ten percent (10%) of the original amount of security first mentioned in this instrument, taking into account both additive and O 0 deductive changes, and excluding such changes or alterations as may be requested by the Subdivider and expressly approved by the Surety. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said Agreement or the specifications accompanying the same shall in any manner affect its obligation to this bond, and it does hereby waive notice of any change, extension, alteration, or addition. The Surety hereby further stipulates and agrees as follows: a) Any notice required to be given to the Surety may be given by personal service or by ordinary United States mail, postage prepaid, and addressed to the Surety at the address of its agents set forth hereinbelow, and if not there set forth, then to any office of the Surety. b) That neither death,bankruptcy, nor incapacity of the Principal, nor any assignment of said Agreement by the Principal, nor any sale, conveyance, assignment, or other transfer of any property mentioned in said Agreement or interest herein, whether voluntary or by operation of law, shall in any manner affect the obligations and liability of the Surety hereunder. The Surety and Principal hereby stipulate and agree that the place of performance of the obligations of the Principal and Surety, respectively, shall be the County of Kem, State of California. IN WITNESS THEREOF, the Principal and Surety have caused this documentto be executed this lith day of December , 20os Principal By.� � L C• ne Pini^m Surety and Indemnity Company Principal Surety Warton G Bender Co Agent for Surety 4Mn Auhnm Blvd Sacramento CA 95841 Address of Agent for Surety � I'l,rN� � �.r' lr �.✓ yt, l Monica A. Hutchison, Attorney -in -Fact NOTE: 1. As to each party which is a corporation, affix corporate seal above. 2. Attach appropriate acknowledgements made before Notary Public. Z State of California Countyof J L �d� M e ✓ui On 1 a- ( 1- o b before me, �:IiVICA r r pye fA, Nemo aM I11M W fur (eq.. Jue ew. Nge,y�i IP C) personally appeared rw,wfq w swop.) rMRC1E L RICE mtpbrr a` 1ICE �ry PUM "Califomia � SfxmmeMo Courts �„= NryComm. Exiwes hlW 4•YWa I'lere Nowt sw Anovo �oersonally known to me ��❑ (or 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/lhey executed the same in histher/their authorized capacity(pes), and that by hisAterAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. BgreWe W N[Y,Y Publk OPTIONAL Though the inlormatm below is not required by law, it may Preva valuable to persons retying on me document and could prevent fraudulent removal and reaaachmmt or Ina form to another document. Description of Attached Document Tale or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — inlets): ❑ Panner — O Umited ❑ General ❑ Attorney in Fact IMMEM rod of mumb Here [I Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — O Umlled O General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Signer is Representing: Top of tMMb bare e ROW NeIlcnal No4ry A9eOCu5onY1A Ce 5do Ava..PO.RZNU3 •LralaeoNe, CA B1313 M2 Ibm No.5BW RwNer: Ltll Ttll-Free I-0CA87889'P A STATE OF California SS. COUNTY OF Sacramento On December 11 2006 , before me, Marcie L. Rice, Notary Public PERSONALLY APPEARED Monica A. Hutchison personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatur �� OPTIONAL MARCIE L. RICE Comminion d 1487912 z Notary Pudic - CalBomla Sacramento County m My Com. Expires May 4, 2008 This area for Official Notarial SEal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME Or PERSON(S) OR remnasl SIGNER(S) OTHER THAN NAMED ABOVE Developers Surety and Indemnity Co. 10-1232 (REV aou ALL-PURPOSE ACKNOWLEDGEMENT Ef POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19025, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Stephen D. Bender, David K. Johnson, Monica A. Hutchison, Edward D. Johnson, jointly or severally*** as Weir time and lawful Anwney(s)-in-Fact. to ..its, execute, deliver and acknowledge, for and on behalf of said empomdons, as sureties, bands, undertakings and resume, ofsurdyship giving and gmining roto mid Atmmey(s)-in-Fact full power and authority to do and to perform every ser necessary, requisite or proper to be done in cwnection therewith as each of said corporations could do, but reserving to each of said corporations full power orsubstimtlov and revocation, and all ofthe acts of said Atterney(s)-in-Fact, pumuent m these Frescos, are hereby ratified and confirmed. This Power ofAtmmey is printed 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 and INDEMNITY COMPANY OF CALIFORNIA effective. ofNeye rbe, 1, 200): RESOLVED, that the Chairman cribs Board, We President and any Vice President of the corporation be, and Wet web of them hereby is, sunburned to exsmne Powers ofAtmmey, qualifying the attermAs) named in the Powers ofAttomey in execute, on behalf of the corporations, bonds, undertakings and ewtracrs of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized m attest the execution of any such PowaofAmemy; RESOLVED, FURTHER Wet the sigrabmes of such officers may be affixed many such Power of Attorney ar to any certificate relating thereto by facsimile, and any such Pow. ofAltomry or certificate bearing such facsimile aig.rwres shell be valid and binding upon the corporation when . affixed and in the films with impact m any bond mnderteldng or covnac[ of suretyship to which it is attached M WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have sevandly caused Wssepressims mbesigoed by Wcirr.pnerya Executive Vice NesidentaM attested by their respective San<Wy this today of December, 2005. w. By: SY AND /A,0 ON.PANYpr- David H. "es, Exe alwe Viec-President 10?04PPO .wFi AO OPPOgq p By: Welter A. Crowell, Secretary STATE OF CALIFORNIA COUNTY OF ORANGE m E4U-m<e OCT. F `a_ 10 `o-• 1838 -or Wo 0 1867 c dfas /OWI; T 0a December1, 2005 before me, Gina L. Gamer, (haremaaertname end tide of the affic.), PusoWly appeared David H. Rhodes aha WeI.A. Crowell, personally known in me for moved m me on the basis of satisfactory evidence) in he We person(.) whose name(s) ishre mbscribed to the within inwument and acknowledged m me that hNWe/dsry executed the sone in limbecMeir ambarired capacity(im), and that by Inaba/Weir sigratoe(s) on Ube insawat We Persa(v), ca the catty upon behalf ofwhich the peanuts) acted, executed the inaleareat. WITNESS my hand and official sal. Signorine 6� e�k� GINA L GARNER COMM. ate 1568561 (SEAL) IN)TAm RUNIC a'•, rFgNA ORANGE COIMTY CERTIFICATE The radmigned, as Assuan Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALWORNLL does hereby certify that We foregoing Power ofAttaney remains in full fore and has not been rooked, and furthermore, Wes the Provisions ofthe resoloioa of the respective Doarda ofDvect.s infield corporations set foods in We Power OfAttoary, are in force as ofthe date ofthis Certificate. This Certificate is mounted in the City oflrvine, California, the 11th dayof December 2006 By / " - - klia4A -- - 4-2 Albert Hillebnod, Assistant Se.eary ID -1360 (Res. 12/05) 0 0 * ISSUED IN DUPLICATE* IMPROVEMENT SECURITY FOR FAITHFUL PERFORMANCE IN CONNECTION WITH PERFORMANCE OF SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 10717, PHASE 1 Bond No. 569385S Premium: $4,483.00 KNOW ALL MEN BY THESE PRESENTS: WEREAS, Deveiooers Surety and Indemnity corn ran (hereinafter designated as "Surety") possesses a valid certificate of authority from the Insurance Commissioner of the State of California authorizing it to write surety insurance as defined in Section 105 of the Insurance Code of California, and WHEREAS, the Board of Supervisors of the County of Kem, State of California, (hereinafter designated as "County"), and Fd _rd 1, Lee (hereinafter designated as "Principal") have entered into an agreement whereby Principal agree to install and complete certain designated public improvements, which said agreement, dated _.tt,?LL&�_3�20y 7 and identified SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 110717, PHASE 1, is hereby referred to and made a part hereof, and WHEREAS, said Principal is required under the terns of said agreement to furnish a bond for the faithful performance of said agreement in conformity with Chapter 5 of the Subdivision Map Act (commencing with Government Code Section 66499). NOW, THEREFORE, we the Principal and Surety are held firmly bound unto the County in the penal sum of One Hundred Eighty Six Thousand Eight Hundred Two and 00/100 Dollars ($186,802.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severalty, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his, or its heirs, executors, administrators, successors, or assigns, shall in all things stand to 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 his, its, or their 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, 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. Without limiting the generality of the provisions of the foregoing paragraph, the covenants of the subdivider, Principal herein named, provided in Section 4, 5, and 6 of the agreement shall be deemed to be covenants within the meaning of the foregoing paragraph. The surety further stipulates and agrees that its liability hereunder shall automatically increase by the amount of the aggregate cost of any work required by a change or alteration in the design or construction of the work of improvement required or authorized under Section 8, 9, and 10 of the agreement, as estimated by the Board of Supervisors of the County; provided, however, with respect to any changes or alterations as to which the express consent of the surety is not obtained, the amount of increase in its liability hereunder shall not exceed in the aggregate ten percent (10%) of the original security first mentioned in this instrument, taking into account both additive and deductive changes, and excluding such changes or alterations as may be requested by the Subdivider and expressly approved by the surety. O 0 As apart of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including attorney's fees, incurred by the County in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder, or the specifications accompanying the same shall in anywise affect its obligations on this bond, an it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the specifications - The Surety hereby further stipulates and agrees as follows: a) Any notice required to be given to the Surety may be given by personal service or by ordinary United States mail, postage prepaid, and addressed to the Surety at the address of its agent set forth hereinbelow, and if not there set forth, then to any office of the Surety. b) That neither the death, bankruptcy, nor incapacity of the Principal, nor any assignment of said Agreement by the Principal, nor any sale, conveyance, assignment, or other transfer of any property mentioned in said Agreement or interest therein, whether voluntary, involuntary, or by operation of the law, shall in any manner affect the obligations and liability of the Surety hereunder. The Surety and Principal hereby stipulate and agree that the place of performance of the obligations of the Principal and Surety, respectively, shall be the County of Kern, State of California. IN WITNESS WHEREOF, the Principal and Surety have caused this document to be executed this 11th day of Qprcmher 120o--. B "Pnnclpal Developers Surety and lademn'ty Company Surety Wa ffen n Render Co. Agent for Surety naso A h m Rlvd Sacramento CA 95841 Address of Agent for Surety 1 Monica A. Hutchison, Attorney -in -Fact NOTE: (1) As to each party which is a corporation, affix corporate seal above. (2) Attach appropriate acknowledgements made before Notary Public F-41 A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT------_ _ _ _ `'' State of California County of ��- L C-dLM e ✓tk D On , a` l Lk — 6 b before me, ��V `G r- c�—c L 1 c -P f ti%6fA��.fZIBCIC Dm pp N m arenew rrr l.r..'rah. Do..naen TY personally appeared femacel 1 ' lal L ` e e ad slp.r MARCa L RICE CommadotiA C.5for2 i S _ Notcry puppc-Cadloti T_ 2 5ocmmentO COW 2008 My Comm. ExpWa P4ca N S... @personally known to me //C (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisRler/their authorized capacity(iss), and that by hisiber/Iheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Spmtun W Nmery Pudc 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 or this form to awther document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(les) Claimed by Signers) Signer's Name: C Individual C Corporate Officer — TtleW: C Partner — C Limited O General ❑ Attorney in Fact WEEN Too 01 thumb here C Trustee C Guardian or Conservator C Omer: Signer Is Representing: Number of Pages: Signer's Name: C Individual C Corporate Officer — Title(s): _ C Partner — C Limited O General C Attorney in Fact C Trustee C Guardian or Conservator C Other: Signer Is Representing: O'MJ9 Nalonal lblary Aavri&on 93W Ba SWo Ave.. PD. BOv 3zj CM1a4wnrlh CA 9131] d<OR M1em rb. SB]> RattUer Cell TN.Frx 1 &p-0TB 7 STATE OF California } SS. COUNTY OF Sacramento 1 On December 11, 2006 , before me, Marcie L. Rice, Notary Public PERSONALLY APPEARED Monica A. Hutchison personally known to me (or 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 capaaity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ``� ` . 9 OPTIONAL MARCIE L. RICE gCommission # 1487912 z t Notary Public - Colitomlo _ Sacramento County WeMy Comm. Expires May 4, 2008 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: rvnus or eees7rvlsl ox SIGNER(S) OTHER THAN NAMED ABOVE Developers Surety and Indemnity Co 161232(REV, X01) ALL-PURPOSE ACKNOWLEDGEMENT 0 Bond No. 5699755 ISSUED IN DUPLICATE* Premium: $6,330.00 IMPROVEMENT SECURITY FOR FAITHFUL PERFORMANCE IN CONNECTION WITH PERFORMANCE OF SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 10717, PHASE 2 KNOW ALL MEN BY THESE PRESENTS: WEREAS,Develooerssurety and Indemnity Comoany (hereinafter designated as "Surety") possesses a valid certificate of authority from the Insurance Commissioner of the State of California authorizing it to write surety insurance as defined in Section 105 of the Insurance Code of Califomia, and WHEREAS, the Board of Supervisors of the County of Kem, State of California, (hereinafter designated as "County"), and Fd • m I L , (hereinafter designated as "Principal") have entered into an agreement whereby Principal agree to install and co_&22166&7,2001_, late certain designated public improvements, which said agreement, dated _ 0 v ,20001_, and identified SUBDIVISION IMPROVEMENT AGREEMENT, PARCEL MAP NO. 10717, PHASE 2, is hereby referred to and made a part hereof, and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement in conformity with Chapter 5 of the Subdivision Map Act (commencing with Government Code Section 66499). NOW, THEREFORE, we the Principal and Surety are held firmly bound unto the County in the penal sum of Two Hundred Sixty Three Thousand Seven Hundred Thirty Seven and 00/100 Dollars ($263,737.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his, or its heirs, executors, administrators, successors, or assigns, shall in all things stand to abide by, and well and truly keep and perforin the covenants, conditions, and provisions in the said agreement and any alteration thereof made as therein provided, on his, its, or their 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, 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. Without limiting the generality of the provisions of the foregoing paragraph, the covenants of the subdivider, Principal herein named, provided in Section 4, 5, and 6 of the agreement shall be deemed to be covenants within the meaning of the foregoing paragraph. The surety further stipulates and agrees that its liability hereunder shall automatically increase by the amount of the aggregate cost of any work required by a change or alteration in the design or construction of the work of improvement required or authorized under Section 8, 9, and 10 of the agreement, as estimated by the Board of Supervisors of the County; provided, however, with respect to any changes or alterations as to which the express consent of the surety is not obtained, the amount of increase in its liability hereunder shall not exceed in the aggregate ten percent (10%) of the original security first mentioned in this instrument, taking into account both additive and deductive changes, and excluding such changes or alterations as may be requested by the Subdivider and expressly approved by the surety. 0 a Asa part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including attorney's fees, incurred by the County in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder, or the specifications accompanying the same shall in anywise affect its obligations on this bond, an it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the specifications. The Surety hereby further stipulates and agrees as follows: a) Any notice required to be given to the Surety may be given by personal service or by ordinary United States mail, postage prepaid, and addressed to the Surety at the address of its agent set forth hereinbelow, and if not there set forth, then to any office of the Surety. b) That neither the death, bankruptcy, nor incapacity of the Principal, nor any assignment of said Agreement bythe Principal, nor any sale, conveyance, assignment, or other transfer of any property mentioned in said Agreement or interest therein, whether voluntary, involuntary, or by operation of the law, shall in any manner affect the obligations and liability of the Surety hereunder. The Surety and Principal hereby stipulate and agree that the place of performance of the obligations of the Principal and Surety, respectively, shall be the County of Kern, State of California. 0 U IN WITNESS WHEREOF, the Principal and Surety have caused this document to be executed this 31 at day of Aueust , 2007 Principal Developers Surety and Indemnity Company Surety Warren G. Bender Co. Agent for Surety 4350 Auburn Blvd., Sacramento, CA 95841 Address of Agent four Surety I Monica A. Hutchison, Attorney -in -Fact NOTE: (1) As to each party which is a corporation, affix corporate seal above. (2) Attach appropriate acknowledgements made before Notary Public E STATE OF California SS. COUNTY OF Sacramento n On August 31 2007 , before me, Monica A Hutchison Notary Public PERSONALLY APPEARED personally known to me (or 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Sigoatu 1 Yl�l ,! OPTIONAL OFFICIAL SEAT. MONICA A. HUTCHISON NOTARY PUBLIC -CALIFORNIA COMMISSION F /07NO SACRAMENTO COUNTY Le MYComn Wdon E>O. APIN 21--2= This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ® INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: .4.e .F Pm.N(&) OP ENl(..l NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1o1232 (REV vm) ALL-PURPOSE ACKNOWLEDGEMENT 0 STATE OF California SS. COUNTY OF Sacramento J On August 31 2007 , before me, Marcie L. Rice, Notary Public PERSONALLY APPEARED Monica A. Hutchison 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL MARCIE L. RICE Commasion # 1487972 wa; Notary PuWb- California Sacramento County My Comm. Expires May 4, 2008 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME"fFA6 "ca""E" Developers Surety and Indemnity Company NUMBER OF PAGES DATE OF DOCUMENT SIGNER($) OTHER THAN NAMED ABOVE iu1232(eFv. amt) ALL-PURPOSE ACKNOWLEDGEMENT ® 0 Bond No. 5699755 *ISSUED IN DUPLICATE* Premium: Included SECURITY FOR LABORERS AND MATERIALMEN IN CONNECTION WITH PERFORMANCE OF SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 10717, PHASE 2 KNOW ALL MEN BY THESE PRESENTS: designated as "Surety") possesses a valid certificate of authority from the Insurance GommissloneroT the State of California authorizing it to write surety insurance as defined in Section 105 of the Insurance Code of California, and WHEREAS, the Board of Supervisors of the County of Kern, State of California, (hereinafter designated as "County"), and Fiwarn i LAA (hereinafter designated as "Principal") have entered into an agreement whereby Principal agree to install and complete certain designated public improvements, which said agreement, dated 5>F C EnX z� , 20Z, and identified SUBDIVISION IMPROVEMENT AGREEMENT, PARCEL MAP NO. 10717, PHASE 2, is hereby referred to and made a part hereof, and WHEREAS, under the terms of said Agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the County to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California, in conformity with Chapter 5 of the Subdivision Map Act (commencing with Government Code Section 65499). NOW THEREFORE, we the Principal and Surety held firmly bound unto the County and all contractors, subcontractors, and persons furnishing or renting equipment to them, laborers, materialmen, and other persons employed in the performance of said agreement and referred to in said Civil Code in the sum of One Hundred Thirty One Thousand Eight Hundred Sixty Nine and 00/100 Dollars ($131,869.00) for materials fumished, for equipment furnished or rented, or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove setforth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including attorney's fees, incurred by the County, or any person, company, or corporation given a right of action herein, in successfully enforcing such obligation, to be awarded and fixed by the court, and be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to filed claims under Title 15 (Commencing with Section 3082) of Part 4 Division 3 of the Civil Code, so as to give the right of action to them or their assignees in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall be come null and void, otherwise if shall remain in full force and effect. The Surety stipulates and agrees that its liability hereunder shall automatically increase by fifty percent (50%) of the amount of the aggregate cost of any additional work required by a change or alteration in the design or construction of the work of improvement required or authorized under Section 8, 9, or 10 of the agreement, as estimated by the Board of Supervisors of the County; provided, however, with respect to any changes or alterations to which the express consent of the Surety is not obtained, the amount of increase in its liability hereunder shall not exceed in the aggregate ten percent (10%) of the original amount of security first mentioned in this instrument, taking into account both additive and 0 deductive changes, and excluding such changes or alterations as may be requested by the Subdivider and expressly approved by the Surety. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said Agreement or the specifications accompanying the same shall in any manner affect its obligation to this bond, and it does hereby waive notice of any change, extension, alteration, or addition. The Surety hereby further stipulates and agrees as follows: a) Any notice required to be given to the Surety may be given by personal service or by ordinary United States mail, postage prepaid, and addressed to the Surety at the address of its agents set forth hereinbelow, and if not there set forth, then to any office of the Surety. b) That neither death,bankruptcy, nor incapacity of the Principal, nor any assignment of said Agreement by the Principal, nor any sale, conveyance, assignment, or other transfer of any property mentioned in said Agreement or interest herein, whether voluntary or by operation of law, shall in any manner affect the obligations and liability of the Surety hereunder. The Surety and Principal hereby stipulate and agree that the place of performance of the obligations of the Principal and Surety, respectively, shall be the County of Kern, State of California. 0 IN WITNESS THEREOF, the Principal and Surety have caused this document to be executed this gist day of August , 2007 Principal Warren r. Render co Agent for Surety 4450 Auburn 3W Sacramento CA 95841 Address of Agent for Surety Ad 0 IU.rN.4*e lJ (,c_ CPd,i..t t L"v Monica A. Hutchison, Attomey-in-Fact NOTE: 1. As to each parry which is a corporation, affix corporate seal above. 2. Attach appropriate acknowledgements made before Notary Public. N STATE OF California SS. COUNTY OF Sacramento U On August 31, 2007 , before me, Monica A. Hutchison, Notary Public PERSONALLY APPEARED personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose comets) 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. //n Signaturerp'm''f [U iA WR, r�/ x6LG _c 4 F" OPTIONAL 2008 This area for Official Notarial Seat Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ® INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF eEN6ONISI OI ENm`fltEsi NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1P1232 (REV, 3101) ALL-PURPOSE ACKNOWLEDGEMENT 0 STATE Of California SS. COUNTY OF Sacramento On August 31- 2007 , before me, Mamie L. Rice, Notary Public PERSONALLY APPEARED Monica A Hutchison personally known to me (or 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(:.) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL MARCIE L. RICE Commlulon # 1487912 Ir i -'� M1 Notary Public - California Sacramento County - MyComm. Fxplres Mayo 2008 This area for Official Notarial Sail Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAur or rsRsoNlsl OR remY1rs1 SIGNER(S) OTHER THAN NAMED ABOVE Developers Surety and Indemity Company 1&1232 (REV Vol) ALL-PURPOSE ACKNOWLEDGEMENT V 0 POWER OF ATTORNEY FOR DEV ELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA DOBOX 19725, IRV INE CA 92623 (949) 263-9100 KNOW ALL MEN BY IHFSE PRESEN"r5. flim eampt as nspressly limited, DEVELOPERS SURETY AND INDEMNITY CUM PAN • a d IN DENINI IV COMPANY OF CALIFORNIA, do each, hereby make, c lroame and appoint. ***Stephen D. Bender, David K. Johnson, Monica A. Hutchison, Edward D. Johnson, Cassandra M. Brinkman, jointly or severally*** m d,ch we and lawful Aluimeylsl-in-Fact. us nuke, cxcewe, deliver said aL'know'Inlge. for and on behalf ofsand carporumns, as sureties. bonds, undcrlakings and contracts of suretyship gisingand emotinguntosaid Auorney(s) n -Fact fill powerandanlhotty to do andto p,,f... every act nec,,,sI,reyuisuc or proper m be done m connection themwlth as each of mid corporations could dobot reaarving to each of said ootlmmi ions Poll power of.substimtion and revocation, and all of the acts of aid Anomcyl A -in -Fact. pursuant to those presents, are hereby ratified and eontom d. 'fink Powerof Anumey is ymmed and is signed by facsimile underand by authority of the following resolntlons adopted by the respective Rivard of Directors of DEVELOPERS SURE I AND IN DE.MN I"I'Y COMPANY and IND0MNII COMPANY OF CALIFORNIA, eHeL'tive as of November 1, 2000: RESOLVED, that the Chairman of the Board. the President and any Viae Presldcnt of the corTuration be, and that each of them hereby is, authorized to :cute Powe, of Ainmey, 4nuiFin, the auomrytN amned in the Power, of Anumey m cxecvm, on behaifof the cor ohatual,, bonds, nndcrakinga and 1mumc, of suretyship: and that the Secretary nr any Aloe mat Secretary of the corporations be, and each of Man hereby is, mMorized to attest the ese,mim, ofuny such Power ofnnortcy: RESOLVED. FURFHER, that the xi,nmma, of scab officers miry be affixed to any such Ph,O of Amuncy or to any c,o.fcme rclalia, therem by fidiolme, end any such Power of rVmmey or ccr ificme Kurin, such facsimile signatures shall be valid and Finding uqm the cor,om ren when so u isal and is the future with respect to any bond, undeftaking or contract of stac,sup to which it is attached. IN WITNESS WHEREOF. DE V ELOPhl SURI.TY AND INDEMNITY COMPANY and INDIFMNfrY COMPANY OF CALIFORNIA have severully caused these presents b IN, s.,ned by heir respective Executive Vice Isresiaent and anesrW by their respective Secretary this I st day of Decetnbe¢ 2005. DY:♦•+F,, .AND. iry" o Ot1,PANY O,L. David H. RhaJca, Exacwivc VicoPrexidcm 4§F PO F ',, G PPOP C Walter A Crowell, Secretary S'IAI'E OF CALIFORNIA COUNTY OF ORANGE f ofL Pf4` w v0 9rF 9� y OCT. 'a• 10 t w 196] s 1936 n e ti SttF a .d., *�i' P� On December 1.21X15 before me. Gina L. Game, Nmay Public (here insert mane and title of the oflicerl. Personally appeared David H. Rhode, and Waher A. C'roweli. personally known to me (m paved it, me on the basis of satisfmmry evidence) to be the powsnlel whow namets) istma subscribed to die within ndrnnen hold uxk.w]Wged,, me that lW he;rhey executed 0a same in hoAv,1 hcif authomcd.... v ty(u,O, and that F, M1nfieUthcir s,,ram V(,) on rhe inmmment the Consu 1, or the entity upon ehalf of which the phavals) acted, executed the Instrument. WI I NESS my hand and official sehl. S.,alutm 6" ^" � e5s� GINA L. GARNER COMM. # 1569561 (SEAL) NOTAPY PUBLIC CALIFORNIA ORANGE COUNTY My...am. May 19, 2009 CERTIFICAFE The mtlersuldi as Assistant Siarana , of DEVELOPERS SURM Y AND INDEMNITY COMPANY and INDEMNI"rY COMPANY OF CALIFORNIA, does heraby ceriN 1M1m the fbreg an, Powerof Anumey rentains m PoII three and has not been revoked, and turhearram ,that the ...... '..ions of(hv m hImam, of the re aduse Roads of DmNtym ofsaid carporalimr:ser fonhm the Power ofAnomey, .,cut fou us ofthe dmaofrhlx Cenificme Tmx ana;earo ex Yumamthe cry nnr;ne. calieimia. me 31Stdaynf August 2007 Alhm HAIebmad. Assistant Secretary I0-138OIRev. 12/115) 0 O Warren G. Bender Co. I ns ora n C & Bon ds IDepth 6 Dependability September 13, 2007 Kem County Planning Department C. Ted James, Director RE: Parcel Map #10717 ; (insert subdivider) Dear Mr. James, Interstate Fire The insurance carrier for the above Insured is and Casualty . They have established certain rules and guidelines for the program to be a viable and continuous market for contractors. One of the restrictions in the program is the elimination of the wording 'endeavor to" and "but failure to do so shall impose no obligation or liabiitty of any kind upon the Insurer, ifs agents or representative". After reviewing the requirements of Section 18 of the "Subdivision Improvement Agreement, Parcel Map #10717', I oertiFly, that the Interstate Fire and Casualty Insurance Company contract meets and/or exceeds those requirements. ii�� Broker )L'OOCX Insurance Company (40 a ACORO' _ PrPEum Sh nniede [Myon THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE OERTRICATE HOLDER. Warren G. Bender Insurance Co. 4350 Auburn Blvd. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVEMGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVE Sacramento CA 95841 mum Interstate Fire & Casualty 918-978-8558 wgbender.com INSURER IMY INSURER Edward I. Lee INSURER 124 Raeanne Lane Folsom CA 95830 INSURER E C_ THE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE INSUREDABOVE FOR THE POLICY OD INDICATED. DI ANY REQUIREMENT, TERM OR CONDITION ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT WHICH THIS CT NOTWITHSTANDING ANY REpOIRMAY PI HEREIN IS SUBJECT TO ALL THE E C CERTIFICATE MAV BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIESMAY TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE HAVE BEEN BROWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY CY POLICY NS0. LIR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS ENERAL IMBILIIY COARFNCML GENERAL LMB anNS MADE [✓fOccuR LIC1000103 12/142006 12/14/2007 EACH OCCURRENCE f FINE MAMncE ant MM 3Y88 R88 Mm LxP f PLRSONAL L ADY INAIRY 3 .fWLAGGNWTE f 00 N PRODULTSLOMP,OP AGG f 3. PoNCY fLt LOC AUTOMOBILE L1AaUTY Y Au"O COMBINED SINGLE LIMIT i SOD LY MURY AUL ORP ED AUTOS SCHONJED NITOS ftps i BODILY INJURY HIRED AVTOS NOr1-0WMD wTM Ns y PxprERrvDAMAGL .,EJ Nr.mawl y GARAGE LIABILITY AUTO ONLY. EA MODENT 3 OTHER THAN FA ACC s ANYAUTO AUTO ONLY: A003 EXCESS UABNTY EACH OCCURRENCE 3 OCWR []CWMSIMOE AGGREGATE 3 3 pEOUCTIOLEIRF f 3 AKERNN WOIB(EMCOMPENSATON6 STA TH EAPLOYERS'LIABILffY CCIDLNtt ADCEA s H OIEASE. HE nm i IT OISEAYcuEYUNITf DES UMPI FUN OE ONSIVEHICUEEPEXULUSIONSADDLU uired by section 18 of Subdivision Re: This policy wMains all additional coverses & provisions as required Improvement agreement Parcel Ma No 10717 Phase 2 County o Kam is Included as additional insured per enflorserni CG2033 1003 ()(X) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE County of Kern Engineering &Survey EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL M9111440% MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE IwBrlfeeeNeAMerr 2700 M Street, Ste. #570 Bakersfield CA 93301 er. 10 D.yB MM MY ikxi-ft of FramNm AUTHORIZED Stephen Bender AG iB.S Q IMPORTANT If the certificate lalder is an ADDITIONAL INSURED, the policyges) must be endorsed. A statement on ties cMlfKate does not confer tghts to the cartif tate MWet in rim of such endorsemeads). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an indorsement A stmemem on this certificate does rine cadre rights to tha certificate Muter in eau of such indor4areent(s). DISCLAIMER The Certificate of Insurance on One reverse side of this form does not conmitrae a contract between the Issuing insurer(s), authofited repesentntive or producer, and the certBlcare holder. nor does it affirmatively or negadvey amend, extend or atter the cavemge afforded by the, policks listed thereon. ACORD 25 (2001108) created atwn..e CartsONLINE.Lmn V a Insured: Pol' #: LICI000103 COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS — AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an insured any person or organiution for whom You are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an addiPonal insured only with respect to liability arising out of your ongoing operations performed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion apply: 2. Exclusions This insurance does not appy to: a. "Bodily injury", "property damage" or"personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodly injury" or 'property damage" occurring after. (1) Ali work, Including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of"your work out of which the injury or damage arses has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a pant of the same project. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2033 1001 Copyright, Insurance Services 01"cm Properties, Inc., 2000 V 0 WORKERS COMPENSATION AFFIDAVIT I hereby certify under penalty of perjury that I do not presently and will not in the future have work performed by anyone in tract /07/ 7 who is required to have Workers Compensation coverage provided by me under the Labor Code, unless I first secure Workers Compensation coverage and provide a certificate thereof to the County. I declare the forgoing to be true and correct under penalty of perjury. This sworn statement was signed on facet. /3 at fR < 7t'o State of California. Subdivider, T4eet-# K0 7/ 7 R STATE OF California SS. COUNTY OF Sacramento E On September 13 2007 , before me, Monica A. Hutchison, Notary Public PERSONALLY APPEARED personally known to me (or 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Y 1L41U;0-1 l.(., �LLlC(s21. �. OPTIONAL OFFICIAL NIDNICA A HUTCHISON N 4 N COMMISSION 0 179= SACRAMENTO COUNTY WY ComNmbn Eqx April 28, 2009 This area for Official Notarial Seal 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 Workers Compensation Affidavit TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF REASONS) OR ENFUOESI 1 NUMBER OF PAGES September 13 2007 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE io-1232(REV . V01) ALL-PURPOSE ACKNOWLEDGEMENT