Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-357 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 3, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/357 SUBJECT: Approval of a substitute Subdivision Agreement and exoneration of existing Subdivision Agreement for Subdivision 8396,Alamo area. (District The following document was presented for Board approval this date: A substitute Subdivision Agreement with Quail Partners LLC, subdivider, whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within one year from the date of said agreement; Said document was accompanied by the following: Security to guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: a. Cash bond(Auditor's Deposit Permit No. 392822,dated September 12,2002)in the amount of$1,756.00,made by Quail Partners, LLC, Tax I.D. number 223869914. b. Additional security in the form of a corporate surety bond dated August 29, 2002, issued by Travelers Casualty and Surety Company of America (Bond No. 103756404)with Quail Partners LLC as principal,in the amount of$175,600.00 for faithful performance and$87,800.00 for labor and materials. PE:rm 0:\GrpData\EngSvc\BO\200316-3.031SUB 8396 BO-24.doc Originator: Public works(ES) l hereby certify that this is a true and correct copy of anaction Contact: Rich Lierly(313-2348) taken and entered on the minutes of the Board of Supervisors cc: Public works -(Tax ID 94-3074026)Accounting on the date Shown. -Construction Alamo-Livoma Associates,LLC - 675 Harts Avenue,Suite 204 Danville CA,94526 ATTESTED: JUNE 03, 2003 Attn:Scott Stringer JOHN SWEETEN,Clerk of the Board of Supervisors and Gulf Insurance Company County Administrator 110 west A Street#1805 San Diego,CA 92101 Attn:John C.Day BY Deputy Quail Partners,LLC 12885 Aicosta Blvd.,Suite"A" San Ranson,CA 94583 Attn:James Baklacci Travelers Casualty and Surety Company of America 350 California Street,Suite 2020 San Francisco,CA 94101 Ates:Mark V.ICarpenko RESOLUTION NO.2003/ 3 5 7 SUBJECT: Approval of a substitute Subdivision Agreement and exoneration of existing Subdivision Agreement for Subdivision 8396, Alamo area. (District III) DATE: June 3, 2003 PAGE 2 All deposit permits are on file with the Public Works Department. NOW THEREFORE BE IT RESOLVED that said substitute Subdivision Agreement is APPROVED. BE IT FURTHER RESOLVED that the Subdivision Agreement with Alamo-Livoma Associates, LLC, as approved by the Board on June 25, 2002, is TERMINATED and the improvement security bond with Gulf Insurance Company is EXONERATED. BE IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to refund the cash deposit (Auditor's Deposit Permit No. 387588, dated June 6, 2002) in the amount of $1,756.00,plus interest in accordance with Government Code Section 53079,if appropriate,to The Stringer Company, Inc. RESOLUTION NO. 2003/357 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: 8396 Principal: Quail Partners LLC Effective Date: Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA QQL N U EEZICIM Q u ail Pa-rtnex.,a L Maurice M.Shiu,Public Works Director a l i f o r n a Mi b i 1 i t y Co. By: {signuura) {mint none&tick) Games F . Bal a c c , a n a Q e r MOMME By: (Signstwc) gin g ices Division (tet rxm&tick) D: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) PARTIES&DATE?. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup 'and the above-mentioned mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. 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 pians for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as requited by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For PorOmmce and uarantco: $ 17 5 6 -0 0 cash,plus additional security,in the amount:S 17 5►6 Q C•0 a which together 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. X Acceptable corporate surety 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. For Patent: Security in the amount:S 8 7"8 0 0'0 C which is fifty percent(50°/a)of the estimated cost of the work. Such security is presented in the form of Cash,certified check,or cashier's check X- Acceptable corporate surety bond. Acceptable irrevocable letter of credit. 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§94-4.408 of the Ordinance Code. 4. 011ARA `, E AND WAUAM Ol M& 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 Board of Supervisors accepts the work as complete,in accordance with Article 36.4.6,"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 improvements for private roads,which are not to be accepted into the 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 wort; determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. Mj PRC YEMENT 'JAN WARRAN'T'Y. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the 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)YAIVF$BY t OUNTY. Inspection of the work and/or materials,or approval ofwork and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this 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. INDEhflM: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indctnaities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities 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 condemnation,or any combination of these and regardless of whether 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 iVuding the defense of any suit(s),action(s),or other proceedings)concerning said liabilities and claims. Y C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-gQndi ions: 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 specification(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. 3. QTS: Principal shall pay when glue,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SMEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. N(DUERF(',9MMU ARNP CQSTS-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,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. 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. INCORPOI2ATION/ANN ATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD hW. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. Rt, DAW Qk0 pD*% SvcU?mWAQ wORDtAG-3o.doc Rev.octoba 23,2061 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of ' CAPACITY CLAIMED BY SIGNER on r Though statute does not require the Notary to till In VAT befon me, a .a ANS Das AR uc the data below,doing so may prove Invaluable to personally sppeared Ic persons relying on the document. a s) 0 INDIVIDUAL VL personally known to me-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person( whose name(I)is/ah ti s rsrta�aB`sl subscribed to the within instrumen and acknowledged to me that hetsfe/tKy executed D PARTNER(S) 0 LIMITED Can* the same in hi&Ur/thdir authorized ���1 capacity(ia�),and that by his/her/the�r 0 GENERAL - signature(i#on the instrument the person(A)or 0 ATTORNEY-IN-FACT CWft Craft " the entity upon behalf of which the person(* 0 TRUSTEE(S) Cortrr►. .14ti 1 acted,executed the instrument. 0 GUARDIAN/CONSERVATOR 0 OTHER: &&n flit eel, SIGNER IS REPRESENTING: {NAME OF PERSON{s}OR BNMY(MS)l StaNA O OTAR 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 taw,it may prove valuable Date of Document to persons retying on the document and could prevent fraudulent Signer(s)Other Than Named Above rr-attachment of this form INSTRUCTIONS 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. 1. FOR ALL SIWATC - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIUNAU=FOR MDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. ffi• S - Signing party must be either a general partner or be authorized in writing to have e authority to sign for and bmdthe partnership. IV. §10NA3URB2 F9RCORPORA_71= Documents Should e signed by two officers,one from each of the following two groups: GROUP 1. The Chair of the Board The President Any Vice-President h GROUP 2. a The Secretary MAn Assistant Secretary 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 8119111 119 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 ins int pursuant to its by-laws or a resolution of its Board of Directors. Mew W%14WRARVATAASa PD" WORD FORMT,91 FURFOSB NOTARY.&.; SECRETARY'S CERTIFICATE I, Jaynes F. Baldacci certify that I am the duly elected Secretary of Castle Creek Company Inc., a California Corporation (the "Corporation's), that said Corporation is the Managing Member of Quail Partners LLC and that the following resolution was unanimously adopted by the Board of Directors of the Corporation at a meeting duly held on Aug. 12, 2002. RESOLVED, that James F. Baldacci, President of the Corporation, is hereby authorized on behalf of the Corporation to prepare, act upon, execute and manage any and all business, acquisitions and related land development and construction contracts and projects including financing of said projects, and to execute and secure any Preliminary, Interim, Conditional, Amended, Renewed and/or Final Subdivision Reports from the State of California Department of Real Estate (DRE) for- projects located in California, as the foregoing relates to the business operations of Quail Partners LLC, a California Limited Liability Company. DATED: Aug 12, 2002 r Castle Creek Company Inc. A California Corporation James . Baldacci By: Title: S retary Subdivision: 8396 Bond No.: 10375640 Premium: $2,897.00 IWROVEMENT'SEC[TRI"l"Y BOND FOR SUBIyMSION AGREIi"1VlENT (Performance,Guarantee and Payment) (California Government Code§§ 6"99 -66499.10) 1. RE TIAL GF SuBI)iyifilONe3UEmE1tT: 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 ,8396 _as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State:and-local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. QBUGATIO1 : _ Quail P Viers. LLC asprincipal and Trayelers Cajualfir and SurQty Company of Ameriga . a corporation organized mid existing wider the laws of the State of Qgnnerticut and audwdzed to transact surety business .in California, as surety, hereby jointly and severally bind ourselves, our hearer, executors, administrators, successors and assigns to the County of Contra Costa,California to pay ere follows: A. Performance and Guarantee: One Hundred Seventy-Five Thousand Six Hundred & no/1 00th': Dollars ($1`5.60Q-00*** ) for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Eight-,S -y _n Thousand Eight Hundred & no/1 00ths*** Dollars ($87 8Q0.QQ**** )to secure the:claims to which reference is mads in 15de XV (commencing with Section 3082) of Part 4 of Division M of the Civil Code of the State of California. 3. Com: A. The;Coudition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs,executors, administrators,successors or assigns,shall in all things stand to and a7aida by and well and truly keep and perform the covenants,conditions and provisions in the said -tSi=rncnt and any alteration thereof made as therein provided, on it or its past, to be kept and performed at the time and in the manner therein specified and in all ttspects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee) its officers, agents and employees,as thereat stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,recurred by the County of Contra Costa(or city assignee)in successfiffly enforcing such obligation,all to b-- taxed as costs and included in any judgement rendered. STATE OF California SS. COUNTY OF Contra Costa On Auaust 29. 2002 ,before me, Myra J. Hicks PERSONALLY APPEARED Mark V. Karpenko personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which NIT111A L the person(s) acted,executed the instrument. Chi i WITNESS my hand and official seal. 40 Allaimuft Cvj* oil Signature This area for Official Notarial Seal Myrao. Hic s Y OPTIONAL Though the data below is not required by laver, 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 Quail Partners LLC Improvement Security Bond For Subdivision Agreement ❑ CORPORATE OFFICER Bond#103756404 TITLE OF TYPE OF DOCUMENT TITLES) El PARTNER(S) ❑ LIMITED ❑ GENERAL Two (2) iX ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: August 29. 2002 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR E"TYOES) Yrayelers Casualty and Surety Cmmpany SIGNER(S)OTHER THAN NAMED ABOVE of America ALL-PURPOSE ACKNOWLEDGEMENT TRAVELEP`"CASUALTY AND SURETY COMPANY OF AV IMICA TR ,LERS CASUALTY AND SURETY COMPAN FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: James C. Jenkins, Kathleen Bryant,Mark V. Karpenko, Billy G. Bergan, of Concord, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in.-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President Ay delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 13th day of December 2000. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA )SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD YA wry' t6� �G $` �'�/6 .✓7'r•��a��+"� ... ., �..��. lei By— cow ��.r.. '��r �t � George W. Thompson Senior Dice President On this 13th day of December, 2000 before nue personally came GEORGE W. THOMPSON to me known, who,being by me duly sworn,did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 90, 2001 Notary Public Marie C.Tetreault CERTIFICATE 1, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 229 r•� day of A���;� ,2001,, a�ytY A7V1yBy HARMPA cow , '" �* Kuri M.Johanson 9'r= ��'` • �'` Assistant Secretary, Bond Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of i -. . . On A, , before me �"Cl- . C t b Notary P , Dale Name and Title of office,( Sane Doe,Notary Pue) �od personally appeared 1.f l VVI a d a cry , Na .Vj of Signer{tj proved to me on the basis of satisfactory evidence to be the person whose name($) is/aw subscribed to the within instrument and acknowledged to me that he/,sJ: /deep executed the same in hislbw/tbeir authorized capacityo&t), and that by his/.her/theiT, BERNICE E. Q NEAL signature(m)on the instrument the personal, or (� COMM. 1362232 the entity upon behalf of which the person* NOTMYPU6uC-CA1iFNNU1 acted, executed the instrument. (9 CONTRA COSTA COUNTY •w My comm.Expires duty 11,2006 NESS my hand and offs ' eal. Place Notary Seal Above Signature&Notar7,113al%c 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(les) Claimed by Signer Signer's Name: © Individual Top of thumb here • Corporate Officer—Title(s): ❑ Partner—d Limited 0 General © Attorney in Fact 0 Trustee Cl Guardian or Conservator Q Other: Signer Is Representing: G 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402 Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Cali Voll-Free 1.800-8713-6827 SECRETARY'S CERTIFICATE I, James F. Baldacci , certify that I am the duly elected Secretary of Castle Creek Company Inc., a California Corporation (the "Corporation"), that said Corporation is the Managing Member of {wail Partners LLC and that the following resolution was unanimously adopted by the Board of Directors of the Corporation at a meeting duly held on Aug. 12, 2002. RESOLVED, that .James F. Baldacci, President of the Corporation, is hereby authorized on behalf of the Corporation to prepare, act upon, execute and manage any and all business, acquisitions and related land development and construction contracts and projects including financing of said projects, and to execute and secure any Preliminary, Interim, Conditional, Amended, Renewed and/or Final Subdivision Reports from the State of California Department of Real Estate (DRE) for projects located in California, as the foregoing relates to the business operations of (wail Partners LLC, a California Limited Liability Company. DATED: Aug 12, 2.002 Castle Creek Company Inc. A California Corporation Jame Baldacci By: Title: S retary COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER. MARTINEZ,CALIFORNIA. RECENED FROM ORGANIZATION NUMBER Pu i5 L17 c (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. A TASK OPTION ACTIVITY AMOUNT GA $ f /+' r'� {j • rte' 'hy, r' 7,3 ( /'�,1• -�Y:73 f'�}f�Fi Ify Iji/' f�F i(11�1 i�•f E'(r`Ty/yj'/'jL' 6104' 3 I LJ 0A -360 1100 kLeynr. VbA mcge d)3. J _ 5D 0 -0, L 3 `)'3 I III till it 11 111 Ll 99/5 J (,~ ILA I I III I I I I OD 0',DC a EX NATION' 1U1 L»' TOTAL � DEPOSIT - jDeposit consists of the blowing itetm t dtv r (Q CON and CURRENCY $ ' t j CHECKS,M.O.,ETC. $ • Y ( M BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE -SEL2*02 ASSIGNED ID The ornount of money descn o is for TieosuniA receipt of above amount is approved. Receipt of above amount is hereby dep mt into thy County T/ ury. acknowledged. Sygned c C/ 1 Date � / . .r, ned: Signed: ^-.... Tdle: 1 { 4f EX7 c ) Deputy County Treasurer •34 REV.IT-93l''* a ' 000649-9665 1 831000: 61108090, $20,000.00, FC Permit #640-99, California _ Sun -Brentwood LLC - Reserve, 5109 East La Palma Avenue, Suite D, Anaheim, CA 92807 819800-0800: 61107823, $1,756.00, SUB 8396 Cash Bond, Quail Partners LLC, 12885 Alcosta Blvd., Ste A, San Ramon, CA 94583 819800-0800. 61107824, $24,674.00, SUB 7686 Deficiency Cash Bond for Slifer Park Landscaping, Hofmann Land Development Company, 1380 Galaxy Way, Concord, CA 94520