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RESOLUTIONS - 01012001 - 2001-329
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA �i Adopted this Resolution on July 17, 2001 by the following vote: AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2001/329 SUBJECT: Approval of the Final Map, Road Improvement Agreement (Norris Canyon Road Trail Crossing) and Subdivision Agreement for Subdivision 7575, San Ramon area. The following documents were presented for Board approval this date: I. Map The Final Map of Subdivision 7575, property located in the San Ramon area, said map having been certified by the proper officials; II. Road Improvement Agreement(Norris Canyon Road Trail Crossing) A Road Improvement Agreement with Toll Brothers, Inc., subdivider, whereby said subdivider agrees to complete all improvements required in said agreement (namely a East Bay Regional Park District trail crossing of Norris Canyon Road) within one year of said agreement. Accompanying said Road Improvement Agreement is security guaranteeing completion of said improvements as follows: A. Surety Bond Bond Company: The Continental Insurance Company Bond Number and Date: 929208207, July 9, 2001 Performance Amount: $45,000.00 Principal: Toll Brothers, Inc. G:\GrpData\EngSvc\BO\2001\Temp\SUB 7575-BO-21.doc I hereby certify that this is a true and correct copy of an RL:lap:kw Originator:Public Works(ES) action taken and entered on the minutes of the Board of Contact: Rich Lierly(313-2348) cc: Public Works-R.Bruno,Construction Supervisors on the date shown. Current Planning,Community Development T—6-1-01 Toll Brothers,Inc. ATTESTED: JULY 17, 2001 3103 Philmont Avenue Huntingdon valley,PA 19006 JOHN SWEETEN, Clerk of the Board of Supervisors National Fire Insurance Co. P.O.Box 8286 and County Administrator Philadelphia,PA 19101 By , Deputy RESOLUTION NO. 2001/329 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7575, San Ramon area DATE: July 17, 2001 PAGE -2- III. Subdivision Agreement A subdivision agreement with Toll Brothers,Inc.,subdivider,whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: A. Casb Deposit Deposit amount: $39,600.00 Deposit made by: Toll Brothers, Inc. Tax ID Number: 232417123 Auditor's Deposit Permit No. and Date: 324732, December 24, 1998 B. Surety Bond Bond Company: National Fire Insurance Company of Harford Bond Number and Date: 190536778, October 26, 1998 Performance Amount: $3,919,400.00 Labor&Materials Amount: $1,979,500.00 Principal: Toll Brothers., Inc. IV. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2000-2001 tax lien has been paid in full and the 2001-2002 tax lien, which became a lien on the first day of January 2001, is estimated to be$391,700.00,with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Continental Insurance Company Bond Number and Date: 929191028, March 16, 2001, along with a bond increase rider dated June 7, 2001 Amount: $391,700.00 Principal: Toll Land XXII Limited Partnership, a California Limited Partnership NOW THEREFORE BE IT RESOLVED that said subdivision,together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans; BE IT FARTHER RESOLVED that said Final Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets,paths,or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said subdivision and road improvement agreement are also APPROVED. Tax Collector's Office William J. Pollacek 625 Court StreetCounty Treasurer-Tax Collector Finance Building,Room 100 ontra P.O. Box 631 Joseph L. Martinez Martinez, California 94553- Costa Assistant Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor ST'4 COUK� Date: 6/1/2001 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract!MS # City T.R.A. 7575 SAN RAMON 66040 Parcel #: 209-050-021-2 209-050-022-0 209-050-033-7 209-050-042-8 209-050-036-0 209-050-034-5 209-050-037-8 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2000-2001 tax lien has been paid in full. Our estimate of the 2001-2002 tax lien, which became a lien on the first day of January, 2001 is $391,700.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WIL A J. P L C , Tre sur r-T lec or By: e . � SUBDIViSiON AGREEMENT (Govcnunent Code S66462 and 566463) Wiedemann Ranch-subdivision 7575 J`y (7 7r�/ Subdivision: Effective Date: ff / Subdivider: Toll Bros,, Tnr- Completion Period: `11IESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT I IERETO: CONTRA COSTA COUNTY SIJ13DIViDE-R Public Works Director fiAortee m , 5 WToll Bros. , Inc. (P,v,l fume d ti Michael S. O'Hara ECOMMENDET "ZOVAT, Assistant ViceP resident By: 19111 1 clvicesDivision trru,rn�„e&6&) James W. Bo d Vice President NORM Ai'PR FD: Victor J. Wes�nan, County Counsel (NOTE: I signatures to be acknowledged. If Subdivider is incorporated,sig- natures must conform with the designated representative groups pursuant to Cor- porations Code S313.) i. PARTIES&DATE. Eflcclivc on the above dale,the County of Conlra Costa,California,hcrcinaflcr called "County",and the above-nenlioncd Subdividcr,mutually promise and agree as follows conccnring this subdivision: 2. IMPROVEMENTS. Subdividcr agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, file hydrants, landscaping,and such other improvements(including appurtenant equipment)as rcquircd in the in,provcrncnt plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in confomlancc with the Contra Costa County Ordinance Code(including future nntcndnlcnls thereto). Subdividcr shall complete said work and improvcmcnls(hcrcinaflcr called"work")within the above complclion period from date hereof as required by de California Subdivision Map act(Govcmnrcnt Code SS66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in n manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdividcr shall,pursuant to Government Code S66499,and the County Ordinance Code,provide as security to the County: A. ForPcrfonnnncc and Guarantee: S 39,600 cash,plus additional security,in the amount of S' 3,919,400 which togclher total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check or cashiers check. Accep(ablc corporate surety bond. Acceptable irrevocable letter of crcdit. Willi this security,the Subdivider guarantees performance under(his Agreement and maintenance of the work for one year after its completion and ncccpinncc against any defective workmanship or nra(crials or any unsatisfactory perfomrance. 13. For Pnymcnt: Security in the arnount of S I ,97 9,500 ,which is fifty percent(50%)of the estimated cost of the work. Such security is prescn(cd in the form of: Cash,certified check,or cashier's check X__ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. Willi this security,the Sulxlividcr guaran(ccs pnymcnl to the contnrclor,to his subcontractors,and to persons renting equipment or furnishing labor or 111:11erinls to dwilr or to the Sul,divider. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I nh�,�yA CO!� � ss. County of ` LI/ 1' 1 I I I' I On d • a • C-)t before me, IlfUACU Aj Date N me and Title of Officer e. �J i; ( g.,"Jane Doe,Notary Public") personally appeared t✓V� t/'' I(/1�� t � � Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(p whose name(/ are subscribed to the with'n instrument and acknowledged to me at�sheithey executed the same inhi /herftheir uthorized capacity(i�), and that by hi / NANCY MICHELLE StlDMIW signature() on the instrument the person ),()r C.ommbdm#12MOI; the entity upon behalf of which the person 1 acted, executed the instrument. car"100100 CIA11111,11V M1'C1�.8Q1edMQd.'!�4 WITNESS my hand and official sea Place Notary Seal Above Signature of No ary Public 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 I Title or Type of Document: �I Document Date: Number of Pages: I i Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name: "thumbhere ElIndividual Top of ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 1 Signer Is Representing: O 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � ss. County of I � , On —J ^ before me, AC. ,1DO6 �*IC, ° DateName and Title of Officer e. n g., a Doe,Notary u personally appeared -�1 O-�✓kAe S U9, V?)OUVA- j. Name(s� f igner(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose nameos is/4res' subscribed to the within instrument and acknowledged to me that he/sW/t40 executed the same in his/be?liW authorized capacity(ye01 and that by his/lj /t r signaturef s on the instrument the persons;or GONE the entity upon behalf of which the person REKCCA C.C WVrllS on#1291= acted, executed the instrument. NvtaY Rblic-Ca6famb Orange Courtly THE S my hand an o ici MyCamrn.Eq*w Oct21.2m4 Place Notary Seal Above Signature of Notary Public ' I• , OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document j; and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: iI Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual i. Top of thumb here ;I ❑ Corporate Officer-Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee I ❑ Guardian or Conservator ❑ Other: I i Signer Is Representing: i' •i ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 RV-0-1-111M—YEMcrl'r AQRl Lrir Del eloper. Toll Bros. , Inc. Effective Date: 7/9/01 Development: — Norris Canyon Estates Corlipletluit Period: t )-car- Road! Norris Canyon Road TIIESE SMINATIMES ATTEST TO'I'!IE d'Alt7'IES'AGItEEi1IEfV'I'11EdzE'I'O: CONTRA GOS"I'A COQtrL LrVEtOPpR Maurice ltd.Shiu,Public Works Director ABy: — C-A-d ,'ti El � (ria"awrtl_ All— P, (p'l"`"°'"`"` 'i`) Michael S. 0'Bare Pi MM DED FQR PPI;OVAL Assistant V'ce President I3y: r;"gwra Engineering Services Division (eft"tno"aAuu,) Robert McLaughlin RAI APPROVED. Victor J. Weslinfin,County Counsel Vice President (NOTE: All signatures 10 be ackoo.vledged, If Subdivider is incorporated,signaluies roust coarorrll with the designated representative groups pwnraut to Corporatiorn Code S313.) (. PAR'IJES&PA_TR.Effective on the above date,die County of Contra Costa,California,hereinafter called"County,"grid the above-mentioned 4c elo er, multratly prondse and agree as follows concerning this development- 2. developer ngrees to install certain road (mproventents(both public and private),drainage improvements,signs,street lights,Fire li)drants,landacaping,Gild such other ittiprovenients(including appurtenant equipment)ns required in the attached bond exhibit for this development as reviewed and on file will the Contra Costa County Publio Works Department Gild in conformance with the Contra Costa County Ordinance Code(including future aniendnunts thereto). Developer shall complete said work and improvements (hereinafter called "work") wilhin Uie above completion period from date hereof in a good workmanlike ninnmer,In accordance with accepted consituction practices and In a iraruter equal or superior to the requirements of the County Oiditionce Code and rulings made thereunder:and where there Is a conflict between die improvement plans and tine County Ordinance Code,the stricter requirements shall govcnr. 3. IM PRO VEAIBA SQCURIJU. Upon executing this Agreement,the Developer shall,pursuoot to the County Ordinance Code,provide as security to the County: A. =Q rerr� marice and Q rattttca hi the amount of s 45,000 which totals one hundred percent(100%)of the estimated costof the work. Such additional security is presented ut the fotin of: Cash,certified check or cashiers check. X Acceptable corporate surely bona. Acceptable irrevocable letter of credit. With this security, (lie Developer guarantees petrotmance ander this Agreement and maintenance of the work for one year after its completion and acceptance against ony defective worluunnsldp or materials or any unsatisfactory petformence. With this security, lite Developer guarantees paynient to(lie contractor,to his subcontractors, and to persons renting equipment or furnishing labor or rrinlerials to their or to the Developer.Upon:acceptance of the work as complete by lite Board of SupervlsorS and upon request of the Developer,lite amount secuntics finny be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. y1&1tAUIEE_„AUU WARLIU QIL—WDIK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perforin satisfactorily for a period of one-year from and after the Hoard of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance," of(he Ordinnnce Code. Developer agrees to correct,repair,or replace,at his expense,any defects In said work. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i I State of California County of Cosmo ss. &nlytk On before me, l; Date NAlne 4,d Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared (: Name(s)of S(lne s) ❑Xpersonally known to me proved to me on the basis of satisfactory evidence i to be the person whose nameK are– subscribed to tiwithin instruriient and acknowledged tome ha e shefthey executed the sam in hi /t�et/#lieir authorized _ capacity(i an that by hi /h NANCY MICHELLE�Stl="� signature on the instrument the person , or _ Cion#1256815 [ the entity upon behalf of which the person Notary Rac-Caffmtp acted, executed the instrument. Contin Costo COLO* r MyCoilyM-E�+resMara.2Wt WI NESS my hand and official seal. I � I� UA2" ` Place Notary Seal Above MIgnat.re'.1otary ublic I I 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: Number of Pages: i� •I I � Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual • (: Top of thumb here ,I ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator i; ❑ Other: Signer Is Representing: I I ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of CWJ)(A �� On D I before me, )JfaV) e f rk CilcGr j; , Date e and Title of Officer(e,g.,"Jane Doe,Notary Public") personally appeared /"� Cif/t ! J j. Name(s)of Signer(s) Kpersonally known to me ❑ proved to me on the basis of satisfactory ,, evidence to be the person(K whose name i are subscribed to the with_ instrument and acknowledged to me the hetl:f•rey executed the same in LVN, tttreir authorized capacity(i and that by his er t it NANCY MICHELLE�S�UDM�AN signature on the instrument the person or - Commbdon#12S5ats L the entity upon behalf of which the person �Cvbk-CCdbm10 acted, executed the instrument. MyCon►m.E �6'MWITNESS my hand and official seal, ()apiaf Place Notary Seal Above V Signature of Notary Public I OPTIONAL j Though the information below is not required by law,it may prove valuable to persons relying on the document I j. and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: j Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual , Top of thumb here , L1 Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: i ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 Bond No.: 92924 24 Development: - NORRIS QA_NX!2N ESTATES INIPROVEMPNT SECUPJTV DOND FOR ROAT)IMPROVEMENT AGREEMENT (Performance, Guarantee; and Payment) (California Government Code §§ 66499- 66499.10) 1. RECITAL OF ROAD 1AIPROVEMENT AGREEMENT: The Developer(Principal) has executed an agreement (Road Improvement Agrecinent) with the County to install and pay for street, drainage mid other improvements on, or alongNORRIS CANYON ROAD - to complete said workwithLi O)c time specified for completion in the koad Improvement Agreement,all in accordance with State and local laws and rulings, TOLL BROS. , INC. A WHOLLY-OWNED SUBSIDIARY OF 2. OBLIGATION. TOLL BROTHERS, INC. .as Principal and THE CONTINENTAL INSURANCE c9likWoration organized under the laws of the State of NEW HAMPSHIRE and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ojlrselz-Cs, our heirs, eXecutors', administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: FORTY FIVE THOUSAND AND N011OO - - - - - - - - - - - - - - - Dollars($- 45,009-00 for itself or any city assiglice under the above County Road Improvement Agreement,plus B. Payment: TWENTY TWO THOUSAND FIVE HUNDRED AND N01100 - Dollars ($ 22,500.00 to secure the claims to which reference is made it, Title 15 §§ et seq. of thr,Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A,)above is such that if the above bonded Principal, or prikicipal's heirs,executors,administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and tneaWng and shall indemnify and save harmless the County of Contra Costa or city assignee, its officers, agents and employees, as therein stipulated,then this obligation shall become null and void; otherwise it shall be andrernain in full force and effect. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of PENNSYLVANIA County of CHESTER ARLENE OSTROFF On JULY 9, 2001 before me, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared JOHN R. WAITE NAMES)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persor whose name( iskm subscribed to the within instrument and ac- knowledged to me that he/Mexecuted the same in hi&,Lt@yj_4jWg authorized capacity, and that by hi&(itxx signature(# on the instrument the person(s), or the entity upon behalf of which the fvCOTAii(ALSEAL acted, executed the instrument. AR�EtvE 6,3TRC)FF,Notary Puaii. person(s) Paoli,Chester County,PA My commission Expires Novernber 22,2004 WITNE S my han,,Zoff seal. SIGNATURE F NOTARY 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED 1:1 GENERAL © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) THE CONTINENTAL INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 POWER OF ATT(,,-<NEY APPOINTING INDIVIDUAL k i TORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company and Firemen's Insurance Company of Newark,New Jersey(herein called"the CIC Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint William F. Simkiss,John R.Waite,John A.Simkiss, III,Daniel P. Dunigan,Richard J.Decker, Individually of Paoli,Pennsylvania their true and lawful Attorneys}in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature ---In Unlimited Amounts--- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof,duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 16th day of April,2001. j�PV•1V,gfi••. LOrPAA'I O`'`� The Continental Insurance Company Z ,'oa _: __ Firemen's Insurance Company of Newark,New Jersey Michael Gengler Group Vice President State of Illinois,County of Cook,ss: On this 16th day of April,2001,before me personally came Michael Gengler to me known,who, being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of The Continental Insurance Company and Firemen's Insurance Company of Newark,New Jersey described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. ♦ •OFFICIAL SEAL' • DANE FAL LIWE:R • �, mm v Pdae,stm of Nnaft i �CoeenMMon�►..sn pro+ My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company and Firemen's Insurance Company of Newark,New Jersey do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 9TH day of JULY 2001 .y�i;�•i K s`.,• �arrirr oe The Continental Insurance Company z oo m z _'• r� Firemen's Insurance Company of Newark,New Jersey (Rev. 1/23/01) Mary A.Ribikawskis Assistant Secretary CNA INSURANCE COMPANIES THE CONTINENTAL INSURANCE COMPANY STATEMENT OF ASSETS AND LIABILITIES December 31, 2000 ASSIETS: Cash $ 28,393,629 Short-term investments(principally U.S.Government Obligations) 108,047,360 United States Government obligations 202,903,650 Other public bonds 104,772,973 Industrial and miscellaneous bonds 92,766,903 Preferred stocks 0 Common stocks of affiliated companies 438,804,807 Other common stocks 34,373,029 Real Estate 116,265,622 Premiums and agents'balances in course of collection 64,576,870 Premiums, agents balances and installments booked but deferred and not yet due 19,389,627 Accrued retrospective premiums 13,988,544 Accrued interest dividends and rents 6,733,801 Other Assets 602,288,709 Admitted Assets S-1,833,305,724 UARILITIES: Unearned premium reserve 106,566,884 Reserve for loss and loss adjustment expense 630,268,612 Reserve for taxes, licenses and fees(including federal income taxes) 2,585,140 Other Liabilities 238,364,641 Total Liabilities $ 597,78-S—,277- SURPLUS; Capital paid up(55.00 par value) Shares authorized: 10,713,272 issued: 10,713,272 $ 754,865,228 Surplus 80,655,219 Surplus as Regards Policyholders 835,520447 TOW 3 1,833,305,724 Failure of items to add to totals shown is due to rounding. State of Illinois )ss County of Cook) On this 16th day of April,2001, before me came Lawrence J. Boysen and Jerry F.Sllwa,known to me personally to be the Croup Vice President and the Assistant Vice President respectively,of The Continental Insurance Company being fully sworn,certify and attest that the foregoing staternement is true and correct statement of the assets and liabilities of the said company as of the date shown in the statement, Jerry F.Sliwa,Asant Vice President Lawrence J. Boyse Vroup Vic e[President A44 r(a Public OF�FICIAL SEAL LESLEY NATIVIDACO) -NOTARY PUBLIC,STATE OF it.Lusole My C094WBION EXPW&1212M4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i i• i State of California County SS. i• of � On 710 -®( before me, C, I, Date NaTe an T'le of Officer(e.g.,"Jane Doe,Notary Public") personally appeared is Names)of Signer(s) .� personally known to me ❑ proved to me on the basis of satisfactory evidence I, to be the person whose name ��a�s-- subscribed to th wi�i� en and acknowledged tome thay executedthe same_ in hi / uthorized capacity(i and that by hi Ines � L signature on the instrument the person or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public i I 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: Number of Pages: i I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual j: Top of thumb here ❑ Corporate Officer—Title(s): i ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator �, ❑ Other: Signer Is Representing: i ®1999 National Notary Association•9350 be Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder Call Toll-Free 1-B00-876-6827 Flashing Beacon Cost Estimate Norris Canyon Road Trail Crossing April 4, 2001 No. Item Qty Cost Total 1 Signal Standard 1 6,000.00 6,000.00 2 Signal Heads SV/TV-1 2 1,000.00 2,000.00 3 Backplate 2 150 300 4 Pullbox 31/2, 5 4 1,000.00 4,000.00 5 Conductor Wire 500 2.00 1,000.00 6 Meterbase — Control 1 5,000.00 5,000.00 7 StripinglMessages 1 1,000.00 1,000.00 8 Signs 6 400.00 2,400.00 9 Electric Hookup (Underground) 1 3,000.00 3,000.00 10 Construction Cost 24,700-25,000 11 20% Contingency 5,000.00 12 Design[Adv (2000/3000) 5,000.00 13 Construction Inspection (20%) 5,000.00 15,000.00 Due to inflation, Bond Amount $45,000.00 TOTAL P-02 Subdivision: 7575 Bond No.: 190536778 bUROvEMEW SECURM BOND FOIL MDI' ON AGREE MM (Performance, Guarantee, and Payment) (CetI'i n is Government Code SS"A99-"A99.10) 1. R MAM MOM roU The Principal has executed an agreement with the County to instaA and pay for street, drainage, and other improvements in Subdivision 7575a as sperm in the Subdivision Agreemwt, and to complete said work within the lime;=c;fir completion in the Subdivision Apewwnt,all m acc4aace with _ State aid loyal laws and A&V dwewadec in order to satisfy conditions far filing of the Find Map or Parte!Map for said Subdivision. TOLL BROS. , INC. , A WHOLLY-OWNED SUBSIDIARY Z, ()pL1 ik13_W! OF TOLL BROTHERS, INC. as Priud Wd NATIONAL FIRE INSURANCE COMPANY OF HARTFORpa corporation orgarized wdsting wider do bm of the Stmt ofCONNECTICUT _ azW authodwd to osnsacx surety buss in Catillyrma,as Surety, y1 Y and seven Dy bind ourselves, our heirs, c r e r ators, adwW to ,successors, and assips to the County of Contra Costa, CaMbraia to pay it: A- Performance and Guarantee: THREE MILLION NINE HUNDRED NINETEEN THOUSAND FOUR HUNDRED----00/100_ _ • Dollars($. 3,919,400.00 } for itself Of any City assignee wider the above County Subdivision AV*emem,plus B, payplentl ONE MILLION NINE HUNDRED SEVENTY NINE THOUSAND FIVE„ HUNDRED----00/100 Dollars(S •1 .979.500.00 1 to seam the claims to which reference is made in Titk XV (commencing with Section 3082)of Part 4 of Division III of the Civil Code of the State of California. 3, This obligation is subject to the condition set forth on the reverse side hereof SIGNED SEALED oa OCTOBER 26, 1998 w�..r+ r r PMMAT.: TOLL BROS. , INC. S ! NATIONAL FIRE INSURANCE CO. OF HARTFO} Address: r 3103 PHILMONT AVENUE Adm: POST OFFICE BOX 8286 HUNTINGDON VALLEY, PA 190 PHILA. , PA p: 19101 City Z IP: City. Zi Ry. By: ' azw. � Print N JOHN R. WAITE TiATTORNEY IN FACT Title: �. y�Q•.r.���EiS� A. The Condition of this abligation as to Se Won 2.(A) above is such that if the above bounded Principal, b or its heirs, executors, administrabom, successors or assiScs, shall in all thingrs stand to and abide by, and w dl and truly keep and perform.the coven=;cmanons sold provisions in the said agme hent and any alteration thereof made as therein provided, on is err its pail,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true ird is and nueatting,and&hall indemnify and save harmless the County of Contra Costa(or city auow),its offcem Mpm and=iployees,as thm=stipuW4 then this obligation shall become mill and void; otha 4se k span be and remsin in Hull force and effect. As put oftrue dAgation secured hereby and is addition to the face amount specified _ therefore,there shall be included costs and reasonable acpmses and fasItludiug seasonable attormYs foes, bmwwed by County (or city assignee) in successfully enforcing so&obligation, all to be taxed as costs and included in any judgement rendered. R. The condition of this obl'ngxtion as to Section 2.(B)above is such that said Principal and the undafgped as empotete surety are hetd Aunty bound unto there County of Contra Costa and al coraeradors,subcamtrscurxj,laborers, matterW nun and other pmons empkged is the paf mance of the aforesaid agroement and referred to ion the aferemdd C<rvu7 Code fisc materials furnished or labor tim eon of any land,or for amounu due under the Unemployment Insursom Act with respect to such work or Labor,that said stay wM paythe amtye in an amount not==diag the amount herein above set fank and also in ease suit is brougM upon this bond, will pay,in addition to the faux amount thereof com and reasonable expenses and fees, induding reasonable attorcrey'f fns, incurred by County (or city assignee) is suacetsd* enforcing such obligation, to be awarded and fined by the court, and to be taxed as casts and to be hwluded in the judgement then in rendered. It is hereby exprosdy AVAated and agreed that this bond sW insure to the benefit of any and al pbrsacompmiftand corporations entided tome claim under Tide l s (coaunuauciu:g with Section 3082)of Part 4 of DivW*n 3 of tete Civil Code, so as to give a ti&of action to theme or their assign in any wait brought upon this bond. Should the oondWon of this bond be fu>Il►peed then ft MgWon shall become null and mond,otherwise it shall be and amain in tall force and effect. G No ah a don ofsaid subdivision agrewma or any plan or specification of nW work &greed to by*cPdncW and the:t`.oumy sW aiieve any 3urcty from Lability on this bond;w d wasent Is hereby Sivenl to make such alterafim with£lather notice to or consent by Sum w,and the Surety hereby wdvw da panoviwas of CauxHis C•iA Code Section 2819,and bolds itself bmzQ wkbourt regard to w d iudependeatly of any action against Midpalwhe never tskea MORMPAMMUMPID Vow-AWW4 TOTAL P.10 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CNA Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint William F. O'Brien.William F. Simkiss,John R.Waite,John A. Simkiss,III, Daniel P..Dunigan, Individually of St. Davids, Pennsylvania their true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 12th day of October 1995 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD , yE AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA t) JULY 11. v SEAL 144a1897 A° J • M.C.Vonnahme Group Vice President State of Illinois,County of Cook,ss: On this 12th day of October 1995 .before me personally came M.C.Vonnahme .to me known,who,being by me duly sworn,did depose and say:that he resides in the Village of Darien ,State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to Eike authority,and acknowledges same to be the act and deed of said corporations. �c.o 20 NOTAMW PUBLic ��QOkC O � My Commission Expires October 19, 1998 Linda C.Dempsey Notary Public CERTIFICATE 1,John M.Littler ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 26TH day of OCTOBER 1998 VASWCONTINENTAL CASUALTY COMPANY 0— NATIONAL NATIONAL FIRE INSURANCE COMPANY OF HARTFORD SAMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 100 SEAL ' y Mtn t' 1897 � �'r' • John M.Littler Assistant Secretary (Rev.7/14/95) CNA INSURANCE COMPANIES NATIONAL FIRE INSURANCE COMPANY OF HARTFORD STATEMENT OF ASSETS AND LIABILITIES December 31, 1997 ASSETS: Cash 5,733,205 Short-term investments(principally U.S.Government Obligations) 151,639,967 United States Government obligations 1,265,580,753 Other public bonds 332,311,490 Industrial and miscellaneous bonds 43,878,491 Preferred stocks 0 Common stocks of affiliated companies 335,530,879 Other common stocks 224,738 Real Estate 408,229 Premiums and agents'balances in course of collection 109,373,900 Premiums,agents balances and installments booked but deferred and not yet due 36,234,171 Accrued retrospective premiums 56,805,632 Accrued interest dividends and rents 15,199,867 Other.Assets 121,659,312 Admitted Assets 2,474,580,634 LIABILITIES: Unearned premium reserve 220,775,936 Reserve for loss and loss adjustment expense 1,399,218,227 Reserve for taxes,licenses and fees(including federal income taxes) 9,101,538 Other Liabilities 55,599,807 Total Liabilities 1,684,695,508 SURPLUS: Capital paid up(52,000.par value) Shares authorized: 2,000,000 issued: 2,500 5,000,000 Surplus 784,885,126 Surplus as Regards PoPacyholders 789,885,126 Total 2,474,580,634 Failure of items to add to totals shown is due to rounding. State of Illinois ) )ss County of Cook) On this 20th day of April,1998,before me carne Patricia L Kubera and Mary A.Riblkawskis,known to me personally to be the Group Vice President and the Assistant Secretary,respectively,of the National Fire Insurance Company Of Hartford being fully swam,certify and attest that the foregoing statement is a true and correct statement of the assets and liabilities of the said company as of r kie date, 1O,eP' eii' !/ Mary Ri i . Assistant Secretary Patricia L.Kubera,Group Vice-President clary Public "OFFIC AL SEAL" • MARY JO ABEL NOTARY PuBuc,STATE OF ILLINOIS ; My Commission Expires Mar.6,2000 ; f t������t�N�NNr��a��s•��� s,4Ar4WmMAl WiW.n5 W 4MTM a:40AM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 171 State of CALIFORNIA County of ORANGE On 11-3-98 before me, JULIE R. YOUNG Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") JAMES W personally appeared W. BOYD g Name(s)of Signer(s) U personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person{sy whose name(a) is/a+e subscribed to the within instrument and acknowledged to me that he/the>'they executed the same in his/ eif-authorized capacity(iee), and that by his/he6ftir signature(s)on the instrument the person(s), JUUE P_YOUNG or the entity upon behalf of which the personfs}acted, a�c� executed the instrument. i myc�Iotmorm► JM .20 WITNESS my hand and official seal. I� I� f; Signature of Pjbtary Public I f` 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. i Description of Attached Document Title or Type of Document: Document Date: Number of Pages: f Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) f� Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer � Title(s): Title(s): f ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator - ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: f ©1995 National Notary Association-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 GtS' Continental Casualty Company CNA National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania The Continental Insurance Company CNA Plaza A Stock Company Chicago,Illinois 60685 INCREASE RIDER To be attached and made a part of Bond No. 929191028 issued by THE CONTINENTAL INSURANCE COMPANY, (hereinafter called the Surety), on behalf of TOLL LAND XXII LIMITED PARTNERSHIP, (hereinafter called the Principal), in favor of the COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,(hereinafter called the Obligee), and dated the 16 TH Day of MARCH,2001. In consideration of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 6 TH day of JUNE,2001 and subject to all the terms,conditions and limitations of the attached bond,the penal sum thereof shall be and the same is hereby increased from the sum of THREE HUNDRED THIRTY THOUSAND FOUR HUNDRED AND 00/100 DOLLARS ($330,400.00) to the sum of THREE HUNDRED NINETY ONE THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS ($391,700.00). It is further understood and agreed that subject to all the terms, conditions and limitations of the attached bond,the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of THREE HUNDRED THIRTY THOUSAND FOUR HUNDRED AND 00/100 DOLLARS ($330,400.00), or for any loss occurring subsequent to said date shall not exceed the sum of THREE HUNDRED NINETY ONE THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS ($391,700.00). In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. Signed,sealed and dated this 7 TH day of JUNE,2001. ATTEST: TOLL LAND XXII LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP BY: TOLL CA GP CORP.,A CALIFORNIA CORPORATION,GENERAL PARTNER t z BY: THE ABOVE IS HEREBY AGREED TO THE CONTINENTAL INSURANCE COMPANY AND ACCEPTED: COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA BY: XXXXXXXXXXXXXXXXXXXXXX B . (TITLE) DANIEL P.DUNIGAN- RNEY-IN-FACT SATE: Ma. 111 .2661 isUND REVIEWS D APPROVED CONTRA OOUNTY TREAJ _P"_ R BY: CALIFORNIA ALL-PURPOSE , _jKNOWLEDGMENT No.59o7 7. State of PENNSYLVANIA County of CHESTER ARLENE OSTROFF On JUNE 7. 2001 before me, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally UBLICpersonally appeared DANIEL P. DUNIGAN NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person whose nameW islom subscribed to the within instrument and ac- knowledged to me that he/ahM executed the same in hisi authorized capacity&*, and that by his[itxx signature(# on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NOTARIAL SEAL WITNESS my7�ekRY and official seal. ARLENE OSTROFF,Notary Public Paoli,Chester County,PA My Commission Expires November 22,2004 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR 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 OF PERSON(S)OR ENTITY(IES) THE CONTINENTAL INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Boz 7184•Canoga Park,CA 91309-7184 POWER OF ATT(._ .NEY APPOINTING INDIVIDUAL .-._ IfORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company and Firemen's Insurance Company of Newark,New Jersey(herein called"the CIC Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint William F. Simkiss,John R.Waite,John A. Simkiss, III,Daniel P. Dunigan, Richard J.Decker, Individually of Paoli,Pennsylvania their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature ---In Unlimited Amounts--- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof,duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 16th day of April,2001. v � The Continental Insurance Company Firemen's Insurance Company of Newark,New Jersey •'I.% �5. 3 s'�j. ......... . Michael Gengler Group Vice President State of Illinois,County of Cook,ss: On this 16th day of April,2001,before me personally came Michael Gengler to me known,who, being by me duly swom,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of The Continental Insurance Company and Firemen's Insurance Company of Newark,New Jersey described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. • •OFFICIAL SEAL' • DIANE FAULKNER Noan orate.sate of 0n A • Mtr ooernaeten WakN u»mt • SNNNNNNN•NNNN•••Z My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company and Firemen's Insurance Company of Newark,New Jersey do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 7TH day of JUNE 2001 ....,.t n SG.�• �6M*AMr C� •a 9> SLEr 4 I'; a�' � The Continental Insurance Company Ji oo m' �` Firemen's Insurance Company of Newark,New Jersey (Rev. 1/23/01) Mary A.Ribikawskis Assistant Secretary CNA INSURANCE COMPANIES THE CONTINENTAL INSURANCE COMPANY STATEMENT()FASSETS AND LIABILITIES December ]l, 2O0O Cash $ 20'393,629 Short-term investments(principally U.S.Government Obligations) 108,047'360 United States Government obligations 202'903,850 Other ou6|icbonds � . 104,772,973 Industrial' and m}sceUun6ousbonds ' 92,766,903 ' Preferred stocks ` O Common stocks ofaffiliated companies 438,804,807 Other common stocks 34'373,029 Real Estate 116'265,622 Premiums and ts'ba|anceuincourse ofcollection 64,576'870 Premiums,agents balances and installments booked but . deferred and not yet due 19,389,627 Accruedretrospective premiums 13,988,544 Accrued interest dividendsand ,ents 6,733'801 ' Other Assets 602,288,709 Admitted Assets $ 1,833,305,724 Unearnm] ' remi mneserve $ 106'566,884 Reserve for loss and loss adjustment expense 650'268,612 Reserve for taxes, licenses and fees(including federal income taxes) 2'585,140 Other Liabilities 238,364,641 Total Liabilities $ 997,785,277 [���� up��I0 value) ' ' par l0,713,272 issued: 10'713,272 $ 754865,228 ` Surplus 80,655,219 Surplus as Regards Policyholders Total $ 1,831,305,724 Failure of items to add to totals shown is due to rounding. State of Illinois ) )ss County��oW On this 16th day of April,2001, before me came Lawrence J. Boysen d Jerry F.Sliwa, known to me personally to be the Group Vice President and the Assistant Vice President, respectively,of The Continental Insurance Company being fully sworn,certify and attest that the foregoing statemement is true and correct statement of the assets and liabilities of the said company as of the date shown in the statement. Jerry F.Sliwa,Asi8mnt Vice Presient Lawrence 1. Boyse roup VicEiPresident Nfary Public OFFICIAL SEAL LESLEY NATIVIDAD CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On 5 V ( before me, rA I I; Date me and Title o Office (e.g.,"Jane Doe,Notary Public") personally appeared ame(s)of igner(s) personally known to me ❑ proved to me on the basis of satisfactory evidence I to be the person) whose name i af4_ subscribed to th'e with' instrumen and acknowledged to me a h"st ey executed - the sa inhi 4effthu-Ir authorized capacity(i ), and that by hi /rson ), or NANCY MICHELLE SUDMAN signature on the instrument the per Commission#12HOI3 the entity upon behalf of which the person Notm Pub1c-CA1i11:11m D acted, executed the instrument. ZConha Costa cw* awcom"PIMM76120D4 WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public ' i 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 S Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name: _ ry ❑ Individual ' TA{JITop of thumb here ❑ C <' orporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I Signer Is Representing: ©1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•w .nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 7, SURETY TITLE COMPANY R I Lte,_IP LI-1 Toll Land XXII Limited First American Title Co. CONTINENTAL INSURANCE COMPANY Partnership 100 Park Pl. #140 1355 Willow Way #100 1101 MARKET STREET San Ramon, CA 94583 Concord, CA 94520 PHILADELPHIA, PA 19107 Attn: Mike O'Hara -Attn: Cathy White (215)351-3884 — NE: (925) 855-0260 PHONE PHON BOND #929191028 2001 - 2062 BOND AGAINST TAXES 4OW ALL MEN BY THESE PRESENTS: TOLL LAND XXII LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP OWNED THAT BY WHOLLY-OWNED SUBSIDIARIES OF TOLL BROTHERS, INC. as principal and Surety) CONTINENTAL TN9 * R A MY a corporation or anized and existing under the laws of the State of '14Fw* f4AMP(;IITRF nd authorized to transact surety business in California as surety are held nd firmly bound unto the County of Contra Costa, State of California, in he penal sum of Three hundred thirty thousand four hundred Dollars $ 330,400.00- , - - , ' ' , ' ' ) , to be paid to said County of Contra Costa, or the payment of which will and truly be made, we and each of us bind ,urselves, our heirs, executors, administractors and successors, Jointly nd severally, firmly by these presents. ealed with our Seals and dated this 16TH day of MARCH !0 01 'Ile conditions 0 fhe above obligation is such that WHEREAS, the above rounded principal s about to file a map entitled Subdivision 7575 111orris Canyon Estates" ind covering a subdivision of a tract of land in said County of Contra 7osta, and there are certain liens for taxes and special assessments col- lected as taxes, against the said tract of land covered by said map, which :axes and special assessments collected as taxes, are not as yet due or ?ayable. VOW, THEREFORE, if the said Principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said nap of said tract, then this obligation shall be void and of no effect, otherwise it shall remain in full force and effect. TOLL LAND XXII LIMITED PARTNERSHIP, ' (ApprQval stamp) A CALIFORNIA LIMITED PARTNERSHIP By: Toll CA GP Corp. , a California Corporation, Geherll' PArtner PrJ_nci 1 - �/ 4 DATE: ZWED y: BOND REVI AN]?APPROVED BV !T! CONTRA A#NTY TREAA R CONTINENTAL, INSURANE)-COY�NY L TlrX44 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of PENNSYLVANIA County of CHESTER ARLENE OSTROFF On MARCH 16, 2001 before me, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC" personally appeared WILLIAM F. SIMKISS NAME(S)OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persorxe�xwhose nameW isiam subscribed to the within instrument and ac- knowledged to me that he/Mieffl= executed the same in hi96tjb@k authorized capacitM, and that by his #xx signature(# on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my ha"d official seal. !NOTARIAL SEAL ARLENc OS T I;O F,Nritary Public Paoli,Cr?es` t Co+Jnty,PA ( "(6 My comilIIS5i7tl x,Olrn kvember 22,2004 Z51UNATURE VF NOTARY 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 1:1 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 POWER OF ATTOR _Y APPOINTING INDIVIDUAL Al )RNEY-IN-FACT Know All Men By These Presents,That Continental Insurance Company and Firemen's Insurance Company of Newark,New Jersey (herein called'the CIC Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint William F.Simkiss John R.Waite John A. Simkiss III Daniel P.Dunigan,Richard J. Decker, Individually Of Paoli Pennsylvania their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature —In Unlimited Amounts— and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 21st day of December,2000. •��•ins` LOM►ANr 0 z' '+ Continental Insurance Company �• 5': Firemen's Insurance Company of Newark,New Jersey �bd gala.• ����i:"iis��\ I�W�ichaeengl Group Vice President State of Illinois,County of Cook,ss: On this 21 st day of December,2000,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of the Continental Insurance Company and Firemen's Insurance Company of Newark,New Jersey described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and:acknowledges same to be the act and deed of said corporations. S•N•N••••••N•N•NN•NN • •OFFICIAL SEAT. S DIANE FAULKNER tN � NN 8199906 •9N07"N••••0: My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A Ribikawskis,Assistant Secretary of the Continental Insurance Company and Firemen's Insurance Company of Newark,New Jersey do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force.In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 16TH day of MARCH 2001 Continental Insurance Company Firemen's Insurance Compajofrk,New Jersey n: . ry .Ribik wskis Assistant Secretary (Rev. 10/1612000) C/VA INSURANCE compAws THE CONTINENTAL INSURANCE COMPANY STATEMENT OF ASSETS AND LIABILITIES December 31,1999 ASSETS: Cash $ 32,829,898 Short-term investments(principally U.S.Government Obligations) 132,948,529 United States Government obligations 226,362,206 Other public bonds 92,458,765 Industrial and miscellaneous bonds 96,873,986 Preferred stocks 400,000 Common stocks of affiliated companies 428,355,778 Other common stocks 29,280,661 Real Estate 133,396,298 Premiums and agents'balances In course ofcol"on 59,374,811 Premiums,agents balances and frutatiments booked but deferred and not yet due 22,311,051 Accrued retrospecti�a premiums 14,654,860 Accrued interest dividends and rents 7,685,620 Other Assets 461 389,,8829 Admitted Assets $c 1 8 ZZ,92 l IASIUTIES• Unearned RResenne f�and bss $ 97,573,339 Reserve for taxes,fimnsessaand Gn�federal income taxes) 712, �5 Other liabilities 97429464 Total liabilities $i ti56 26 SURPLUS: Capital paid cep{55.00 par value) - - Shares authorized: 10,713,272 Issued: 10,T13,272 $ 733,861,205 Surplus 3,804A61 Surplus as Regards PoCryhotders37 665 666 Total S i,73 „92 Failure of Refits to add to totals shown fs due to mundina. State of 911nofs ) )ss County of Cook) Oa this 30th day of Apd(,2000,before me came Mm K Squarokand Jett• G Moon,brown tome personally to be the Gvup Vim President and the Assbt utt Secretat)+, •of the GonGnetttal InWrA m CompaW befiq( mom,M*and attozst dot the f regotng statement Is a live and apnea M14niei t of the assets and GaAGes of the nW oxnpany as of the d fn the staternent If AN up ent ter "OFFICIAL SERV THOMAS A. DAUGHHETEE NOTARY P11181.10,STATE OF 11lU1405 MV Otxtta%ft Ex*a OcL 14,t001 r CCALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 2r-. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - tiX State of California County of hy�yk ss. On 3 • 0 a ' D I before me, Nm Date Sam&and Titl f Officer(e_q.,"Jane Doe,Notary Public") ot{ � personally appeared Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( ) whose name(/&are subscribed to thi within instrument and acknowledgedto me ha(i 'shEttt•rey executed the sam in hi /hefA e�ir thorized capacity(i�), and that by i her e)r NANCY MICHELLE Si�DM111'1 signature(j) on the instrument the erson ), r �0 113 the entity upon behalf of which the person) "Dwyruft-Daft Cafft� � acted, executed the instrument. llAl►C.amt. M� 8�i'wt art WITN SS my hand and official seal. Place Notary Seal Above nature of Notary Public 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: Number of Pages: ( <" Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 1011- �f ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee r ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®1999 National Notary Association•9350 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California n County of C�VI Ct ss. A"O On S•00 © before me, �'' Date Name and Titlg of Officer(e.g.,"Jane Doe,Notary Public") � personally appeared NVl 1 () ,. Name(s)of Signer(s) personally known to me proved to me on the basis of satisfactory evidence to be the person whose namte),(i afs subscribed to th wit i n s t r uand acknowledged to me he Ft�ey executed the same in hi r/ttTBtt -authorized MANCY capacity(i ), and that by his er eir signature( ] on the instrument the perso s), o,�� "OIOOy1wft-caft to the entity upon behalf of which the person( CoFft CGOD Crx * acted, executed the instrument. IM�rCOlflff6e�i'etiNart�l�t WITNESS my hand and official seal. itPlace Notary Seal Above Signature of Notary Public 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: Number of Pages: Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator i ❑ Other: Signer Is Representing: ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827