HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-018 01
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 15, 2002,by the fallowing vote:
AYES. Supervisors Uilkema, Gerber, DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.2002k 18
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7998,being
developed by HCV and Associates,Ltd., San Ramon area. (District III)
The following documents were presented for Board approval this date:
I. Map
The 'final map of Subdivision 7998, property located in the San Ramon area,
Supervisorial District Ill, said map having been certified by the proper officials.
H. Subdivision Agreement
A subdivision agreement with HCV and Associates, Ltd., principal, whereby said
principal 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:
Orhonator:Public Works(PS)
Contact, Brian Barbas(313-2284) I hereby certify that this is a true and Correct copy of an action
G.:O pData\Engsvc)Bo12001tT=V\SUB 7998 BO-21.&c taken and entered on the minutes of the Board of Supervisors
LG:lad
cc: Public works-IL Bruno,Construction on the date shown.
Current Pb-in&Cormamity Development
T-11-15-02
HCV&Associates,LUI.
Sanea Francisco,CA 94coast S4 .J
108 ��550
F
San FrancisATTESTED: an 1 15 .-
2002
American Motorists Insurance Co. JOHN SWEETEN,Clerk of the Board of Supervisors and
Los
ngN.les.CA
Cour Administrator
Los Angelae.CA 90041
The Contental Insurance Co.
1101 Market street
Philadelphia,PA 19107
Ton Laud XXII Ltd.Partnership By Deputy
100 Park Place,#140
San Ramon,CA 94583
RESOLUTION NO.2002/ 18
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7998,
being developed by HCV and Associates, Ltd., San Ramon area. (District In)
DATE: January 15, 2002
PAGE 2
A. /Cash Bond
Performance amount: $32,886.00
Auditor's Deposit Permit No. 379205 Date: December 24,2001
Submitted by: HCV&Associates,Ltd.Partnership
Tax ID Number: 94-3115690
B. Surety Bond
Bond Company: American Motorists Insurance Company
Bond Number: 3SM04474100 Date: December 20,2001
Performance Amount: $3,255,714.00
Labor&Materials Amount: $1,644,300.00
Principal: HCV&Associates,Ltd. Partnership
In fax 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 2001-2002 tax
lien has been paid in full and the 2002-2003 tax lien,which became a lien on the first
day of January 2002, is estimated to be $60,500.00, with security guaranteeing
payment of said tax lien as follows:
• /Iax Surety
Surety: The Continental Insurance Company
Bond Number: 929231762 Date: December 26, 2001
Amount: $60,500.00
Principal: Toll Land XXII Limited Partnership
NOW,THEREFORE, THE FOLLOWING IS RESOLVED:
1. 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.
2. 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.
3. That said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2002/18
SUBDIVISION AGREEMENT
(Government Code§66462 and§66463)
Subdivision, 7999 Principal: HCV & ASSOCidtes, Ltd.
Effective Date: ��Yo _ __ Completion Period: I year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
QQNIRA QQSIA COUNTY PRI QjM
Maurice M.Shiu,Public Works Director
A V
By: t (stgruWra)
ftmne
REMMMENVED TQR A.PPROVAL tr t 'THOMA S IOMAS I E L-.
4-X 041 44C-VR"mCAVd60e1
6WCA4,%m��
By: {Slgnstuee) � J ,Y
Engineering Ser c D r (rriat mmylve&1111e)
FORM APPROVED: "Victor J.Westman,County Counsel (NOT13- All signatures to be acknowledged. If Principal is incorporated,
signatures must conform with the designated representative groups pursuant to
Corporations Code§313.)
1. � j C 7A7E• EfTective can tire above date,the County of Contra Costa,California,hereinafter called"Q9unt "and the above-mentioned
irrc' a,mutually promise and agree as follows concerning this subdivision:
2. IMPROV EN I S. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,
fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as
reviewed and on fife with the Contra Costa County Public Works Department and in conformance with tire Contra Costa County Ordinance Code
(including ftrf."amendments thereto).
Principal shall complete said work avid improvements(hereinafter called"work")within fire above completion period front date hereof,as
required by tire California Subdivision Map net(Government Code§§66410 and following)in a good workrtranlike manner,in accordance with accepted
construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings nurde thereunder;and where there
is a conflict between fire improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMM i4 T SBS. Upon executing this agreement, Principal shall, pursuant to Government Code §66449 and the County
Ordinance Code,provide as security to the County
A. for Performangand Qua aft ttee: $ 32,886.00 cash,plus additional security,in the amount:s 3,255,714,00_
which together total one hundred percent(100%)of fire estimated cost of tine work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
Acceptable corporate surely bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. Eat Pa Trent: Security in the amount: ,644,30Q.t1(? ,whichisfsitypercent(50°s',)ofthe estinratedcost ofdie work.
Such security is presented in the form of:
Cash,certified check,or cashier's check
_.Acceptable corporate surely bond.
Acceptable irrevocable letter of crcclit.
With this security, Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or
materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount
securities may be reduced in accordance with§94-4.406 and§44-4.408 of tire Ordinance Code.
4. GUARANTEE A D WARRANTY Or WORK. Principal guarantees that said work shall be free from defects in material or workmanship and
shall perform satisfactorily for a period of one(1)year from and after the Hoard of Supervisors accepts the work as complete,in accordance with Article
96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work.
The guarantee period does not apply to road improvenncnts for private roads,which are not to be accepted into flit County road system.
5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work
determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a
period of one(1)year from and after(lie Board of Supervisors accepts tire work as complete.
6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for file work are adequate to accomplish the work as
promised in Section 2 and as required by the conditions of approval for the subdivision. If,at anytime before the Board of Supervisors accepts the work
as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes
necessary to the plans to accomplish the work as promised.
7. NQ WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or
employee of the County indicating the work or any pari thereof complies with file requirements of(his Agreement,or acceptance of the whole or any part
of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this
agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply
with any of the terms and conditions hereof,
8. INDEMNITY: Principal shall hold inarrnless and indemnify the indemnitees from fine liabilities as defined in this section:
A. The indemnities bentfited and protected by this promise are County and County's special district,elective and appointive boards,
commissions,officers,agents and employees.
B. The liab' 't' s protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of
actions defined below and including personal injury,death,property damage,inverse conderrmafion,or any combination of these and regardless ofwhether
or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and
including the defense ofany suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. '11re actions causing lia il`ty are any act or omission(negligent or non-negligent) in connection wifh the matters covered by this
Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of thele;
D. Non-con 'Coin: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specificafion(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COST: Principal shall pay when due,all the costs of the work, including inspections thereof and relocation of existing utilities required
thereby.
14. SURVEYS. Principal shalt set and establish survey monuments in accordance with the filed map and to(he satisfaction of the County Road
Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORANG�AND COST: If Principal fails to complete the work within the time specified in this agreement,and subsequent
extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay
all costs and charges incurred by County(including,bill not limited to: engineering,inspection,surveys,contract,overhead,etc.)imvnediately upon
demand.
Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event Countyproceeds
to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County,even if Principal
subsequently completes the work.
Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal
agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to
complete the work.
12, MCORPOR TION/ANNEXATION. If,before Ore Board of Supervisors accepts(lie work as complete,the subdivision is included in territory
incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond,
or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shalt have all the rights of a(hird party beneficiary against
Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions ofparagraph 8
(Indemenity)shalt continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision.
RLm:w
O:\ftD&I&\PMISvr\Fomu\AG woROUo.3o doe
Rei. October 25,2W t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of OPTIONAL SECTION
County of CAPACITY CLAIMED BY SIGNER
On Q ,before mt, ��S�1i1 -t"�C t. Q I.t Though statute does not require the Notary to tilt in
ATE NAM&TITLE OF OFF 13,P.,^)ANC DOLS.NOTARY PUBLIC- the data below,doing so may prove Invaluable to
personally appeared r!/'l�, j�jJ persons relying on the document.
/personally
NAME(S)OF SIONER(S) 0 INDIVIDUAL
known to me-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S)
�®+ be the person(s)whose name(s)is/are
SUSAN TOWNE BELMONT subscribed to the within instrument and TITLE(S)
Ct7MMI5SIon#1235905acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED
Pt bRc-Cc�ifOrrib the some in his/her/their authorized
►� Y capacity(ics),and that by his/her/their CSENERAL
Stat fish County signature(s)on the instrument the person(s)or 0 ATTORNEY-tN-FACT
W Carnm.Expires Oct25,2003 the entity upon behalf of which the person(s) 0 TRUSTEE(S)
acted,executed the instrument. 0 GUARDIAN/CONSERVATOR
0 OTHER:
WITNESS my hand and
.,of/f�iciallfseal �y SIGNER IS REPRESENTINGe
61 vim'''" Y/1�!U✓� (NAME OF PERSON(S)OR ENTrrY(IES)I
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRC.ICTIQNS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL§IGNATU_RES -The name and interest of the signer should be typed or printed BENEATH the signature. The
namemust be signed exactly as it is typed or printed.
II. SQNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated..
III. SI NATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have
e authority to sign for and bindartnerstrip.
IV. SI NATURES FOR CORPORATIONS
Documents should a signed by two officers,one from each of the following two groups:
GROUP 1. ((a The Chair of the Board
(b}The President
{e Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secretar
C
The Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
.and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JQMW
%%PWS4\StWWATA\GTDut"ngSw%Fom NWORDFORMSIALLPURPOSBNOTARY.dx
Rai.Auautt 1,2001
FILE Nk.,256 12/26 '01 11:35 ID:HCV PACIFIC PARTNERS FAX:14152490801 PAGE 1,
,R
t ' dfic)Or AUC Fm
[
TO: Mr. Larry Gossett
Contra:Costa County Department of Public Works
Fax To: 925.313.2333
CC: Christine Gregory: F: tsz513a-&923
Tom Krehbiel: F: Hot san Ramon
Dennis Hudspeth: F: Hcy San Ramon
FROM: Troy D. Crosby
DATEITIIMIE: Wednesday, December 26, 2001
SUBJECT; San Ramon-Subdivision Agreement
PAGES: 3, including this page
At the request of ChristineGregory, attached is our Secretary's Certificate which
authorizes Thomas P. Kr7ehbiel, among others, to execute and deliver the Subdivision
Agreement to Contra Costo County.
Contact us if you have any questions.
CADw„mm,cs bye s*wrv%u'Vcwr knworkV+V\RES LUTI NSV%zzsoi pw
222 Kearny Streert,Suitt 550--San Francisco, California, U.S.A. 94108
Phone (415) 249-0800 -- Fax (415) 249-0801
CR1tTIFICATE or or-SIX
Rev PACIFIC PARTNMS LLC
I, the undersigned, being the duly appointed Secretary of HCV
Pacific Partners LLC, a California limited liability Company (the
"Company" ) hereby certify that:
Attached hereto as Exhibit A is a true and Correct copy of
resolutions duly adopted by the Board of Directors of the Company,
which resolutions have not been revoked, modified, amended or
rescinded and are still in full force and effect.
As of the date hereof, the following persons are the duly
elected and qualified officers of the Company who are authorized by
the Board of Directors of the Company to execute documents on
behalf of the Company, for itself or as the managing general
partner of HCV Pacific Development IV, a California limited
partnership, as managing general partner of HCV" & Associates, Ltd. ,
a California limited partnership:
Randall J. Verrue, President and CEO
Troy D. Crosby, Chief Financial Officer
Thomas P. Krehbiel, Vice President
Ann Hack, Controller
IN WITNESS WHEREOF, I have executed this Certificate as of
December 26, 2001.
Secretary
0.256 12/26 "01 11.35 ID:HCV PACIFIC PARTNERS FAX:14152494801 PAGE 3/ 3
T
Exhibit A
CERTIFIED Copy or RESoLuTIons of
THE BOARD OF DIRECTORS
OF HCV PACIFIC PARTNERS LLC
WHEREAS, this Company is the managing general partner of HCV
Pacific Development IV, a California limited ,partnership
( "Development") , and Development is the managing general partner of
HCV & Associates, Ltd. , a California limited partnership
( "Associates") , which is the Principal in that certain Subdivision
Agreement between Contra Costa County and HCV & Associates, Ltd. ,
regarding the development of Subdivision 7998 located in Contra
Costa County, California (the "Project" ) ;
WHEREAS, the primary business purpose of Associates is to
develop and sell residential home lots in the Project,
NOW, THEREFORE, BE IT RESOLVED, that any one of Randall J.
verrue, the President and Chief Executive Officer of this Company,
Troy D. Crosby, the Chief Financial Officer of this Company, Thomas
P. Krehbiel, the Vice President of this Company, or Finn Hack, the
Controller of this Company, acting alone, is hereby authorized to
execute and deliver, in the name and on behalf of this Conpany, for
itself or as Authorized Representative of Associates, the
Subdivision Agreement as referenced above.
RESOLVED FURTHER, that any of the above-named officers of this
Company, acting alone, is authorized (on behalf of the Company,
acting for itself or for Associates) , to execute and deliver any
and all purchase agreements, deposit receipts, deeds, bills of
sale, assignments, consents, certificates or escrow instructions
necessary or advisable to sell and convey lots or other portions of
the Project or to do all other acts and things and to execute all
other documents or instruments as may be necessary or advisable to
sell and convey lots within the Project or other portions of the:
Project; and
RESOLVED FURTHER, that each of the foregoing resolutions shall
remain in full force and effect, and Contra Costa County shall be
entitled to rely upon the same until written notice of the
modification, rescission or revocation of the same, in whole or in
part, shall be delivered to Contra Costa County.
. y
*to
Subdivision: 47998
Bond No.: 3SM 044 741 00
IMPROVEMENTSECVRtTY Bt3ND
FOR SUBDWIZON AGREEMENT
(Performance,Guarantee and Payment)
(California Government Code §§ 66499-66499.10)
1. rTAL OF SUBDrVISSIOy A99UNS : The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in
Subdivision #7928 - as specified in the subdivision agmement and to complete said work within
the time specified for completion in the subdivision agreem=4 all in accords=with State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said
subdivision.
2. QBUgj&T1HCV &--ASSOCIATES, LTD. as principal and
AMERICAN MOTORISTS INSURANCE COMPANY a corporation organized and
existing under the laws of the State of ILLINOIS and authorized to vansact surety
business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors.,
administrators,successors and assigns to the County of Contra Costa, California to pay as follows:
THREE MILLION TWO HUNDRED FIFTY FIVE THOUSAND
A. Performance and Guarantee: _,ggm -HUNDRED FORTEEN AND NO/IOOTHS-----__--_---
Dolfars( 3,255,714.00 )for Contra Costa County or any city assignee under
the above County Subdivision Agreement.
ONE MILLION SIX HUNDRED FORTY FOUR THOUSAND
B. Payment: THREE HUNDRED AND NO/100THS-------------------------------------Dollars
(S_1 644 300.00 1 to swum the claims to which rekirence is made in Tide XV
(commenceintg with Section 3082) of Part 4 of Division III of the.Civil Code of the State of
California.
3. CrrDrrtax.
A. The Condition of Us obligation as to Section(2.A-)above is such that if the above bonded principal,
or pdncipal's hens,executors, ' ' trators,successors or assigns,shall in aU things stared to and
abide by and well and truly koep and perform the covenants,conditions gad provisions in the said
agreement and any alteration thereof made as therein pmvidexi, on it or its part, to be kept and
performed at this time and in the manner therein specified and in all recpccts according to their true
intent and meaning and shall indemnify and save harmless the County of Contra Cost&(or city
assignee)its officers, agents and employees,as therein stipulated,thea this obligation shall become
null and void;otherwise it shall be and remain in fall force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,wqxwes and fees,including reasonable attorney's few,incurred
by the County of Conga Costa(or city assignee) in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
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MEMPER.
Home Office. long Grove,IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbennens Mutual Casualty Company,the American Motorists insurance Company, and the American Manufacturers Mutual
Insurance Company,corporations organized and existing under the laws ofthe State of Illnois, having their principal office In Long Grove,
Illinois,(hereinafter collectively referred to as the"Company")do hereby'app frit
Saundra L.Gingm,.G.arol B.Henry,John T.Lettied,katsuko Takata, Eric Nleto✓find Bradley N.Wright of San
Francisco,California
their true and lawful agent(s)and attomey(s)-In-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance
of this power and ending on the date specified below,unless sooner revoked for and on Its behalf as surety,and as their act and deed:
Any and AN bonds and,urOgrtalCingS*#**parrtr"rre««vett«:r«««erre asr««a«'twrw+yaws►««#yaw«*i r:t#«*«'�« «aM«s t««ark t
EXCEPTION: NO AUTHORITY Is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note,check,draft or letter of credit
This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond within the dollar ilmit
of authority as_set forth herein.
This appointment may be revoked'at any time by the Company.
The execution of such bonds and undertakings In pursuance of these presents shall be as binding upon the said Company as fully and amply
to all Intents and purposes,as If the same had been duly executed and acknowledged by their regularly elected officers at their principal office In
Long Grove,Illinois.
'THIS APPOINTMENT SHALL CEASE AND TERMINATiw WITHOUT NOTICE AS OF
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company
on February 23,1988 at Chicago, lifinols,true and accurate copies of which are hereinafter set forth and are hereby certified to by the
undersigned secretaty as being In full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and fled with
the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-In-fact,and to authorize them to execute on
behalf of the Company,and attach the seal of the Company thereto;bonds and-undertakings, recognizanc®s, contracts of Indemnity and
other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February,1988:
"VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated In writing and filed
with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it Is attached,shall continue to
be valid and binding upon the Company.'
In Testimony Whereof,the Company has caused this Instrument to be signed and their corporate seals to be affixed by their authorized officers,
this July S,2001.
Attested and Certified: Lumbermens Mutual Casualty Company
American Motorists insurance Company
American Manufacturers Mutual Insurance Company
non
Aw Wt7��1 11w ,,rr
Robert P.Harries,Secretary by ���� i J.S.Kemper,111,Exec.Vice President
STATE OF IWNOIS SSu
COUNTY OF LAKE
1,Irene Klewer,a Notary Public,do hereby certify that J.S.Kemper,III and Robert P.Hames personally known to me to be the,same persons
whose names are respectively as Exec.Vice President and Secretary of the Lumbermens Mutual Casualty Company,the American Motorists
Insurance Company,and the American Manufacturers Mutual insurance Company,Corporations organized and existing under the laws of the
State of Illinois,subscribed to the foregoing instrument, appeared bolbre me this day In person and severally acknowledged that they being
thereunto duly authorized signed, sealed with the corporate seals and delivered the said Instrument as the free and voluntary act of said
corporations and as their own free and voluntary acts for the uses and purposes therein set forth.
4 AA OFFFlCIRL sE l l .�
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My commission expires 1-28-02 VTTTTTTTyTTT IrenMewer,No"Public
CERTIFICATION
1,J.K.Conway,Corporate Secretary sof the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the
American Manufacturers Mutual insurance Company,do hereby certify that the attached Power of Attorney dated July 6 ;601 on
behalf of the person(s)as listed above is a true and correct copy and that the same has been In full force and effect since the date thereof and is
in full force and effect on the date of this certificate;and 1 do further certify that the said J.S.Kemper,III and Robert P.Hames,who executed the
Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the'attAched Power of Attorney
the duly elected Executive Vice President and Secretary of the Lumbermen Mutual Casualty Company, the American Motorists Insurance
Company,and the American Manufacturers Mutual Insurance Company.
IN TESTIMONY WHEREOF,1 have hereunto subscribed my name and affixed the corporate seal of the Lumbermen Mutual Casualty Company,
the American Motorists Insurance Company,and the American Manufacturers Mutual Insurance Company on this 20TH
DECEMBER 2001
m s r.o,
MUM ur.xum
t SiAt< coerw4�
J.K.Conway,Corporate Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein and they have no authority to bind the Company except in the manner and to-the extent herein stated.
FK 0362 6-96 „
Power of Attorney- Printed in U.S.A
CALIFORNIA TALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
ss.
On 1 1-2-4 01 ..®., before me,
Date
Najoe and Tests of (e.g.,'Jane Doe,Notary PubW)
personally appeared
Na s d Slgnarle)
�4r5onally known to me
C3proved 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
SUSAN TQWNE BEIM MOt Ca acit EeS y
Co't'ter #i2r9r p y(l ), and that b his/her/their
Nom PUblr--Ccoomia signature(s)on the instrument the person(s), or
son rVaricisco County the entity upon behalf of which the person(s)
My Comm Oct25, � acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature or Notary Public
OPrIONrAL
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 t
Title or Type of Document:�t i� �?Q t2Gt,�
Document Cate:_-� ,,.L� - Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signers Name:
❑ individual
Top of thumb h8r®.
❑ Corporate Officer—Title(s):
❑ Partner--❑Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
01997 National Notary Association.9350 Us Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2442 Prod.No.5907 Reorder.Cell Toll-Free 1.8170.878-6827
CAUPORMiA ALL4nMPOSE ACKNOMn.EEMMENT
STATE OF ORNIA }
}
COI3i "OF SM ERAIVMSCO }
On DECEMBER 20, 2001 before me, D• B. COLLADO, NOTARY PUBLIC
rDlmpe New, Me of Offlew,Notary Pwb&
peysomaUy weld SAUNDRA L. GINIGRAS
(S)
€3 personally known to me - to be
the persons)whose name*blsm=subscrxbed to the within brstrument and acknowledged to
me that shelftywecuted the same in his/her h-authorized capacuy(k*, and that by
lherldvi r signatures#on the instrument the personts), or the entity upon behalf of f which
the person(s)-aated, executed the instrument.
WZ77VESS my hand and offal seat.
Ntmrj;%k-�A� C}.B.0 "CX? f
COMM.#1187421
NOTARY PAC-WOW
of Notary My Cann Sax 18,20� ��
Tax Collector's Office William J.Poiiacek
625 Court Street Contra ttra County Treasurer-Tax Collector
Finance Building, Room 100
P.0.Box 631 Joseph L.Martinez
Martinez,California 94553 Costa Assistant Tax Collector
0063
(925)646-4122 County Joslyn Mitchell
(925)64644135 FAX ``''�� Tax Operations Supervisor
Date: 12/21/2001
IF THIS TRACT IS NOT FLED PRIOR TO THE DATE TAXES ARE OPEN FOR
COLLECTION (R&T'CODE 2608) THIS LETTER IS VMD.
This will certify that I have examined the map of the proposed subdivision entitled:
Tract!MS# city T.R.A.
7998 SAN RAMON 66041
Parcel#0 209-050-020-4 209-050-035-2
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 2001-2002 tax lien has been paid in full. Our estimate of the 2002-2003 tax lien, which
became a lien on the first day of January, 2002 is $60,500.00
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 prier to filing with the Clerk of the Board of Supervisors.
WIL A J. C ,
Tre ur -T x le or
By:
PRINCIPAL TITLE COMPANY SURETY
Toll Land XXII Ltd Pshp First American Title Co. THE CONTINENTAL INSURANCE
COMPANY
100 Park Pl. #140 1355 Willow Way #100 1101 MARKET STREET
Sari Raman„ CA 94SRA Concord', CA 9459.0 PHILADELPHIA, PA 19107
Attn: Mike O'Hara Attn: Barbara Pinto
PHONE: (925) 855-0260 PHONE: _()9_S) 3S6-7Q00 PHONE: (215)351-3884
2002-2003
BUND AGAINST TAXES BOND # 929231762
KNOW ALL MEN BY THESE PRESENTS:
TOLL LAND XXII LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP OWNED
THATBY WHQLLY-0-, ED-SUBSIDIARIES OF TOLL BROTHERS?AFCarincipal and
(Surety) THE QQNTINENJAL INSURANCE COMPANY , a corporation or-
ganizedand existing under the laws of the State of NEW HAMPSHIRE
and authorized to transact surety business in California as surety are held
and firmly bound unto the County of Contra Costa, State of California, in
the pend sum of Sixty thousand five hundred Dollars
($60, 500_ ) , to be paid to said County of Contra Costa,
for the payment of which will and truly be made, we and each of us bind
ourselves, our hems, executors, administrators and successors, jointly
and severally, firmly by these presents.
Sealed with our Seals and dated this 26TH day of DECEMBER ,
20 01
The conditions of the above obligation is such that WHEREAS, the above
bounded 'principal is about to file a map entitled Rnhdi i Sinn 79AA
"Norris Capyon Estates"
and covering a subdivision of a tract of land in said County of Contra
Costa, and there are certain liens for taxes and special assessments col-
lected as taxes, against the said tract of land covered by said map, which
taxes and special assessments collected as taxes, are not as yet due or
payable.
0, /9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of 65 �
On before me, A ,
Date Name®nd//Title of Ofter(erg.,'Jane Doe,N Pubiicl
personally appeared �r �14A l� ,
taarne(s)of Signe($)
0 personally known to me
proved to me on the basis of satisfactory
evidence
to be the s}-whose
subscribed to the within instrument and
acknowledged to me thai:Ohh executed
the same in hi Aer ek_ authorized
ca aci te#7 and that byhi ieM*air--
ERICA L KfRKiAND a u n the instrument the person(s), or
Commission#12OW3 the entity upon behalf of which the person(s)
Notcrt►pts-Cdnbrrk acted, executed the instrument.
AkmeW CoWft
WCtxtm.t 0ftNcrt 2904 WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by Jaw,it may prove valuable to persons retying 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: e9ty) r r
Document Date: LSQ,m�Vl 13L(0, aloo Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by SI nor
Signer's Name: a L ga,'Al t ug
0 Individual Top of thumb here
XCorporate Officer u--Title(s):
Cl Partner--C]Limited ❑General
• Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: Lk rc�
0 7999 National Notary Association*9350 De Boto Ave.,P.O.Box 2402•Chatsworth.CA 91313.2402•www.na6onakwotary.org Prod.No.5907 Rearden.Cell Toll-Five 1410D417B-027
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO$907
State of PENN6YLVANIA
County of CHESTER
ARLENE OSTROFF
On DECEMBER 26, 2041 before me, NOTARY PUBLIC
DATE NAME,TITLE OF OFFICER-E.G,`JANE DOE,NOTARY PUBLIC"
personally appeared DANIEL P. DUNIGAN
NAME(S)OF SIGNER(S)
personally known to me - OR - C] proved to me on the basis of satisfactory evidence
to be the perso whose namely} lsAm
subscribed to the within instrument and ac-
knowledged to me that helaka&= executed
the same in hiss r authorized
capacit , and that by hisif# #xx
signature(# on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
. -M - V111T S my hand and official seal.
,1lyCi ;';i.; (v"`.vticSeV3y' ir'Lf 22,2004
�MWATUR�ARY
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
CI CORPORATE OFFICER
mss) TITLE OR TYPE OF DOCUMENT
E] PARTNER(S) LIMITED
CJ GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
D GUARDIANICONSERVATOR
C-1 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(s)OR ENTITYQES)
. THE CONTINENTAL INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 0 6236 Rammst Ave.,P.O.Box 7184•Canoga Park,CA 61309.718+4
POWER OF ATTORNEY APPOINTING INDIVIDUAL. ATTORNEY-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. Duni an,Richard J.Decker,Individuals
Of Paoli,Penns vania
their true and lawful Attorney{s}-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
---In Unlimited Amounts--
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given 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.
r+txr
T.
f: The Continental Insurance Company
tr,w, s. tr
o`a 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 personalty came Michael Gengier 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 seats 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.
"CR'iC1At SIAL' +
tflAts Ow iO+IlssR
D .mss w�i+t
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-iaw 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 26TH day of DEC BER 2001
rYf
.K�;% ►+�.`s; ,�a...«AN?y
The Continental Insurance Company
Firemen's Insurance Company of Newark,New Jersey
i
ct 's
yid ,�: + '+w., w,i'�•c
(Rev. 1/23/01) Mary A.Rlbikawskls Assistant Secretary
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney Is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January,
1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vicar President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named In the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship,and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written
consent dated the 13th day of January, 1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship,and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby Is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seat of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seat
shalt be valid and binding upon the Company when so affixed and In the future with respect to any bond,undertaking or contract of
suretyship to which It Is attached'
CNA INSURANCE_ COMPANIES
THE CONTINENTAL INSURANCE COMPANY
STATEMENT OF ASSETS AND LIABILITIES
December 31, 2000
ASSETS:
Cash $ 28,393,629
Short-term investments(principally U.S.Government Obligations) 108,047,360
United States Government obligations 202,903,850
Other public bands 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 $�
LIABILITIES:
Unearned premium reserve $ 106,566,884
Reserve for loss and loss adjustment expense 650,268,612
Reserve for taxes,licenses and fees Uncluding federal income takes) 2,585,140
Other liabilities 238,364,641
�
Total Liabilities $ 98
SURPLUS:
Capital paid up($5.00 par value)
Shares authorized; 10,713;272 issued: 10,713,272 S 754,865,228
Surplus 80,655,219
Surplus as Regards Policyholders 835,520,447
Total $ ,833,3724,
Failure of items to add to totals shown its due to roundin
State of Illinois )
)ss
County of Cook)
On this 16th day of April,2001,before me came Lawrence). Boysen and Jerry F.Shwa,known
to me personally to be the Group Vice President and the Assistant Vice Presldenii respectively,of The
Continental Insurance Company being fully sworn,certify and attest that the foregoing stateemement is true
and correct statement of the assets and liabilities of the said company as of the date shown in the statement,
Y.
Jerry F.S iwa,As"tarit Vice President Lawrence).BoyseVroup i esi ent
Public
x
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