HomeMy WebLinkAboutMINUTES - 04201999 - C11-C15 a
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adapted.this Resolution on April 20, 1999 by the following vete:
AYES: Supervisors Gioia, liilkema, Gerber, DeSaulnier and Canciamilla
NOES: None
ABSENT: None
ABSTAIN: Done
RESOLUTION NO.:99/133
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision. 7578, San
Ramon area.
The following documents were presented for Board approval this date:
I. Map
The Final Map of Subdivision 7578, property located in the Sart Ramon area, said
map having been certified by the proper officials;
IV. Subdivision Agreement
A subdivision agreement with Toll Land XXII Limited Partnership, A California
Limited Partnership, 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:
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G.-\(hpDatalBngsvc\Fotms\B0 WORD\ 0-21.doc I hereby certify that this is a true and correct
Rev.November 23,1998 copy of an action taken and entered on the
Originator.Public wogs(Es) minutes of the Hoard of Supervisors on the date
Contact: Mich Lierly(313-2348)
shown.
cc: Public works-R.Bmno,Construction
Current Planning,Community Development €
T-2-20-99 April 20, 1999-
Too Land XXII Limited Partnership,A California Limited Partnership ATTESTED:
1501 Bollinger canyon Rd.,#B PHIL BATCHELOR.Clerk of the Board of �
San Ramon,CA 94583
National Fire Insurance Company of Hartford Supervisors an ounty A istrator
Poet Office Box 8286 � 3 f
Philadelphia,PA"19101
HCv&Associa es,LTD. Hy
2309 Norris Canyon Road Deputy
San Ranson,CA 94583
SUBJECT: APPROVAL of the Final Map and Subdivision Agreement for Subdivision 7578, San
Ramon area
PAGE: 2
DATE: April 20, 1999
A. Cash Deposit
Deposit amount: $23,700.00
Deposit made by: Tou Land XXII Limited Partnership,A California Limited
Partnership
Auditor's Deposit Permit No. and Date: DP 324732 (December 24, 1998
B. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 190536764
Performance Amount: $2,349,000.00
Labor&Materials Amount: $1,186,400.00
Principal: Tou Land XXII Limited Partnership, A California Limited
Partnership
V. Tax Letter
A 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 1998-1999 tax
lien has been paid in full and the 1999-2000 tax lien,which became a lien on the first
day of January 1999, is estimated to be $174,000.00, with security guaranteeing
payment of said tax lien as follows:
Tax Surety
Bond Company:National Fire Insurance Company of Hartford
Bond Number and Date: 190780608
Amount: $174,000.00
Paid by/Principal: Tou 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 FURTHER 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.
r
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Order on April 20, 1999 by the following vete:
AYES: Supervisors Gioia, Uilkema, Gerber, DeSaulnier and Caneiamill.a
NOES: None
ABSENT. None
ABSTAIN: None
RESOLUTION NO.:99/184
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY TIME BOARD ORDERED that the following instrument is hereby ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA.
Grant Deed.of Subdivision 7578, Toil Land XXII San Ramon
Development Rights Conditions of Limited Partnership,
Approval for A California Corporation
Wiedemann.Ranch,
Exhibit D, 5.F
I hereby certify that this is a true and correct copy
of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
t
ATTESTED: April 20, 1999
PIHIL BATCHELOF,Clerk of the Board of
Supervis s and unty A strator
i
By
I Deputy
f
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G:\GrpData\F,ngSvc\BO\1999\130 4-20-99.docRevised(3137)
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: Recorder(via Title Co.)then PW Records them Clerk of the Board
Director of Community Development
e
Recorded at the request of.
Contra Costa County
Public Works Department
Engineering Services
Return to.
Public Warks Department
Records Section
Area: _Sat +Win--_
Road;
County Road No.:
Project: Subdivision 7578
APN: 209-060-28
GRANT DEED OF DEVELOPMENT RIGHTS
To meet condition(s) of approval for Wiedemann Ranch, Exhibit D, number 5.F, I/We, Toll
Land XXII Limited Partnership, a California Limited Partnership, (Owner) hereby grants to the
County of Contra Costa, a political subdivision of the State of California (Grantee) and its
governmental successor or seccessors, the future "development rights," as defined herein
below over a portion of that real property known as Parcels "A", "H", "CA", "C-2", "C-3", "D",
"E", "F_1", "7_2", "F-3", "F-11", -G-1", -G-2". "I-1", and "I" of Subdivision 7578, situated in the
County of Contra Costa, StateofCalifornia, and more particularly shown on Subdivision 7578
Final Map.
"Development rights" are defined to mean and refer to the right to approve or disapprove of
any proposed construction, development or improvement within the areas marked "restricted
development area." The"development rights" are and shall be a form of negative easement,
which shall run with the said property and shall bind the current owner and any future owners
of all or any portion of said property. In the event of a disapproval of proposed construction
by the Grantee or its successor, said proposed construction shall not be performed. Grantee
or its successor may condition its approval of any proposed construction upon prior or
subsequent performance of such conditions as Grantee may deem appropriate.
Any owner or owners of all or any portion of said property desiring to develop any
improvement requiring the approval of Grantee or its successor herein shall submit to such
entity a written proposal describing the nature, extent, and location of such improvement.
Grantee or its successor shall have sixty(60) days from receipt of such proposal in which to
grant its approval or disapproval. Failure by Grantee or its successor to respond in said time
period shall be equivalent to the approval of such proposal.
The undersigned executed this instrument on .:' (Date),
Toll Land XXII Limited Partnership, A California Limited Partnership
c
By:
(See attached notary)
CALIFORNIA ALL.-PURPOSE ACKNOWL.EDGiMENT
State of 0ai,L t't,Cr i
County of &I'tA Cv
On a before me, -
°
Dim ! { and T�tla of OM"r(a.a., Dae: ry Pubtic`j
personally appeared
raj of Jaz
rsonally known to me to be the personk
whose nameN)Isla*e subscribed to the within instrument
r and acknowledged to me that heJehetteyr executed the
same in hisl4oMheir authorized capacity *,and that by
his/ha4heir signaturbW on the Instrument the person'*,
or the entity upon behalf of which the person) acted,
to executed the Instrument.
Not*y R:tAc—O*Wft 1
met WITNESS my hand and official seat.
my corimc
of Notary PuNic
:q OPTIONAL
r 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.
t Description of Attached Document
r
Tale or Type of Document: � �'� �"�'�-*' '`•'
Document Date: Number of Pages:
s
Signer(s) Other Than Named Above: r
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual M Individual
0 Corporate Officer 0 Corporate Officer
Title(s): Tltle(s):
C Partner---L? Limited 'M General l~ Partner---� Limited �General �
0 Attorney-in-Fact 0 Attorney-in-Fact ;
c Trustee 0 Trustee
0 Guardian or Conservator
� Guardian or Conservator d, �. .
13 Other: top of thumb here 0 Other. Top of thumb here
Sinner Is Representing: Signer Is Representing: ;
01005 Natlor*;Notary Asaoctabor+$236 Remmet Ave..P.O.box 7184 CWVp PVK CA 913DO-7164 PMd.NO.5907 4 RaorderYCsii TOO-Fr"1-80"76-6827
i
TOLL CA GP CORP.
� ✓'' PBCLAL MEETING OP THE BOARD OF DIRECTORS
A Special Meeting of the Board of Directors of Toll CA OP Corp., a California
corporation(the"Cvrporvion")was held by telephone conference on August 3, #998.
In attandanca at the meeting by telephone couf=nce were Robert I.T*1L Chairman
of the Board,Bruce E.Toll and Joel H. Rassmaan,constituting all of the members of the Board of
Directors. In addition,ion, in attendance at the meeting at the.. invitation of the Beard was Kenneth J.
Gay,Vice President, Oeneral Counsel and Assistant Secretary of the Corporation.
Ther Chairman called the meeting to order and appointed lair. Cary to serve as
Secretary of the me ating.
Upon motion duly made and seconded,the following resolutions were adopted:
VMER.I AS, the Corporation is General Partner of Toll Land )WI Limited
Partnership, a California partrnuship and Toll Land XIII Limited partnership, a
California limited partnership (collectively, the "Partnerships"). and is fully
authorised as General Partner to make: decisions and act on behalf` of the
Partne<rahips;noir,therefore
BE IT RESOLVED, that the Chief Executive Officer, the President or any Vise
President or Assistant Vice President of the Corporation,or Michael O Hara in his
capacity as Assistant Secretary of tbo Corporation,be and they hereby am authrrrizxd
and empowered, for and on behalf of the Corporation as General Paomear of the
Ptartraerships, and any and all limited partnerships of which the Corporation may
become General Partner, to execute and deliver any agreetnent including any
application or any other doc=cnt,with mgpcct to the applications for any and all
Permits,zoning and Construction matter which arc to be applied for and entered imo
by than Partnerships, upon such terms and conditions ars they deem appropriate:and
in the best interest of the Corporation and the:Partnerships.
Them being no further business,upon motion duly made and seconded,the meeting
was adjourned.
Ke�etha J.
Seemrrtuy o e M
Z:\CMFl0urrtx0rrxx1z.RU
MAR 1999
HCH ' ( '# ^.t #'<
TOTAL x.02
1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 20, 1999 by the following vote;
AYES: Supervisors Gioia, Uilkema, Gerber, DeSaulnier and Canviamilla
NOES: Nene
ABSENT: Nene
ABSTAIN:None
RESOLUTION NO,: 99/185
SUBJECT: Approval. of Road Improvement Agreement for Subdivision 7578, Norris Canyon
Road (RA 1032), San Ramon area.
The following document was presented for Board approval this date for Subdivision 7578,
property located in the .San Ramon area.
A Road Improvement Agreement with Toll Brothers, Inc., developer, whereby said
developer agrees to complete all improvements as required in said Road Improvement Agreement
within one year f°orn the date of said agreement. Improvements generally consist of reconstructing
Norris Canyon Road.
Said document was accompanied by the following;
Security to guarantee the completion of road and drainage improvements as required by Title
9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the date t
shown.
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G:\GrpData\EngSvc\FIZM&F?LS\Bo\Bo 15.W PD
Rev.March 16,2948
ATTESTED: Aril 2 3
t 999
C 9-991 -
Contact:
t: h Lier Werk-(Fs) PHIL BATCHELOR,Clerk of the Board of
Contact: RichLierEy�3f3-2343)
Supervisors County , inisator
cc: Public Warks-R.Bruno,Construction
Current Planning,Community Development ,
T—2-20-2000 By
Toll Brod ers,Sha Deputy
3103 Philmont Ave.
Huntingdon valley,PA 19306 i
National Fire Ins.trance Company of Hartford i1
P.O.Box 8286
Philadelphia,PA 19101
SUBJECT: APPROVAL of Road Improvement Agreement for Subdivision 7578,Norris
Canyon Road(RA 1032), San Ramon Area.
PAGE: 2
HATE: April 20, 1999
A. Cash Deposit
Deposit Amount: $28,300.00
Deposit made by: Toll Brothers, Inc,
Auditors Deposit Permit No. and Date: 318564, August 18, 1998
Bs Surety Bund
Bond Company:National Fire Insurance Company of Hartford
Bond Number and Date: 190402336, July 27, 1998
Performance Amount: $2,800,000.00
Labor& Materials Amount: $1,400,000.00
Principal: Toll Brothers, Inc.
NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
I
�tUA171h{P t7VFAfC 1 AQREr,MEN£
Deve€over: Toll Bros. , Inc. Effective Date: 412
Development: Wiedemann Ranch Completion Period:
Road: _ Norris Canyon Road
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
!QQM COSTA C96=y pEVE 0EP : (Name and Title) Toll Bros. , Inc. by
J.Michael Watford,Public.W+or!cs Director
By, (,igmtturt} "
{ysinfsu:ns3 } Mich el ata,
RECOtvi,'a OVAI,.,- Assistant Secretary
/
BY
/&
Services Division r}x$tname3titfe}
FARM APPR(.*74E'
D: Victor J.Westman,County Counsel
(NOTE: All signatures to be acknowledged, If Subdivider is incorporated,signatures
must conform with the designated representative groups pursuant to Corporations Code
x$313.)
1 a PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Cour "and the above-mentioned Developer.
mutually promise and agree as follows concerning this development:
2. IMPROVEME ITS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street tights,fire
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and
on file with the Centra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments
thereto).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof 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. MOVEMENT SECURMY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County: - -
A. dor Performance and Guarantee; $ 8.� cash,plus additional security,in the amount ofS 2."600, �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.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Developer 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 unsatisCact� formance,
B. Ear Payment: Security in the amount of S� ODO hich is fifty percent(50%)of'the estimated cost of the work. Such 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,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materials to thein or to the Developer.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in
accordance with S944.406 and S94.4.4Q8 of the Ordinance Code.
• GUARANTEE ANIS WARRANTY OF WORK. Developer 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 964.6,
"Acceptance",of the Ordinance Cade. Developer agrees to correct,repair,or replace,at his 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. Developer 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 wood,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 perforated for a period of one(1)year
from and after the Board of Supervisors accepts the work as complete,
6. IMPROVEMENT PLAN WARRANTY. Developer 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 development, 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,Developer shall make whatever changes are necessary to accomplish
the work as promised.
7. NO MAI-VER BY COJJ W. 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 part thereof complies with the requirements of this Agrcomont,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 Developer of his obligation to fulfill this agreement as prescribed;nor
shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereoa
S. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise ate the County,and its 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 the County reviewed said improvement plans or accepted the work as complete,and including the defense
of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causingliability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and
attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indomnitee has prepared,supplied,
or approved any plan(s)or specification(s)in connection with this work,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. COSTS: Developer shall pay when due,all the costs of the work including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement and subsequent extensions,
or fails to maintain the work,the County may proceed to complete andlor maintain the work by contract or otherwise,and Developer agrees to pay all costs and
charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds
to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees
to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the
work.
IL INCORPORATION/ANNEXATION, 14 before the Board of Supervisors accepts the work as complete, the development is included in territory
incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall
be transferred to the now or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this
agreement as though Developer had contracted with the city originally,
12. CONSIDERATION. In consideration hereof•,
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
® County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval)
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_................ ......... ......... .................__
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_........................................................................
_ .......... ........ ......... ................_
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1 ,.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of �..•a�-t. ,Dt� OPTIONAL SECTION ,
County of t'-cr 7`-k C/ fs rt CAPACITY CLAIMED BY SIGNER
On Y t` P before me, 4 FCl2. 07� 7_,/ G'�% (C. Though statute does not require the Notary to
DAIS i OFFICER€.G.,•31C�`rD3r�'tSTARY PUBLIC' fill In the data below,doing so may prove In- 9
valuable to persons relying on the document.
` pesonally appeared
OINDIVIDUAL
'personally crown to me- 0 CORPORATE OFFICER(S)
-emidea:e
to �s>
be the person* whose name()is -
subscribed to the within instrument and 0 PARTNER(S) 0 LIMITED
acknowledged to me that hels.4aA4ey-- d GENERAL
executed the same in hlsg►efAheir 0 ATTORNEY-IN-FACT
C.&trtRM authorized capacity(iao),and that by 0 TRUSTEE(S)
Ccaer"*&on#1133463 his/hoPA#teir signature on the d GUARDIAN/CONSERVATOR
Not„yPJAc--CdAaaria .. instrument the person( or the entity 0 OTHER:
Carft coder COLN* upon behalf of which the person
MvCorrm,BOu Apr 13,117011 acted,executed the instrument.
WITNESS my hand and official seal, SIGNER IS REPRESENTING:
�y/�"' ,� fiA1dE C7F VERbC1N(S�Off€ldTtfY{tE8'k
i61GfWUJE Of!
N iwY .
i
�
ZONAL SECTION
THI�TIFICATE MUST BE ATTACHED
TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT 4d 1r0A' 11~,4A Arez �� €
NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER
THAN NAMED ABOVE
d+s au bsow k e,ot rsak.a ny 6ew. �J G��.^^"
t erry pr®w b pinax rNyi,g d.n.
dacumsrt rd tale w+v«wt ksixhrt
nrtackmni of�;.taxa. {
INSTRUCTIONS TO NOTARY
The following Information is prodded In an effort to ex edite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES -The name and Interest of the signer should be typed or printed BENEATH the signature. The
name must a signed
_ exactly as it Is typed or printed.
II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
grope musl Be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have
e authorily7 to sign for and binde partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed byNvo officers, one from each of the following two groups:
GROUP 1. a
The Chair of the Board
b The President
cAny Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the Instrument a certified cop of a resoluU of the
Board of Directors authorizing the person signing the instrument to execute instruments of tfie type in question is required. A
currently valid power of attorney,notarized,will suffice.
Notarization of only one corporatesignature 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'".
Ryg grse<#TlBd lengsrc r"Anotvy.new
T OLL CA GP CORP.
SPEIC AL MEE TING OF THE BOARD OF DTREC'I'ORS
A Special Meeting of the Board of Directo-s of Toll CA GP Corp., a California
corporation (the "Corporation")was held by telephone conference on December 7, 1998.
in attendance at the=ccting by telephone conference were Robert T. Toll, Chairman
of the Board, Zs.; Barzilay and Joel H. R.assman, constiri- t ng all of the rnembers of Board of
Directors. In addition, in attendance at the meeting at the invitation of the Board was Kenneth J.
Gary, Vice President, General Counsel and .Assistant Secretary of the Corporation.
The CIrairman called the meeting to order and appointed Mr. Cary to serve as
Secretary of the meeting.
TUpon mpotion d,ily made a:td seconded, the following resolutions were adopted:
°LVH'REAS,the Corporation is General Partner of the California limited pat mcrships
listed on Exhibit A attached hereto (cvllecuve;y, the "Partnerships"), and is fully
authorzed as General Partner to make decisions and act on behalf of the
Partnerships; now,therefore
BE IT RESOLVED, that the Chief Executive Officer, the President or any Vice
President or Assistant Vice President of the Corporation, or Michael O'Hara in his
capacity as Assistant Secretary of the Corporation,be and they hereby are a=gorized
and empowered, for and on behalf of the Corporation as General Partner of the
,Partnerships, and any and all limited partnerships of which the Corporation may
beco=me General Partncr, to execute and deliver any agreement, including any
application or any othcr document, with respect to the applications for any and ail
permits, zoning and construction matters which are to be applied for and entered into
by the Partnerships and they have the author rto execute and deliver the Final Maps
whirn
ch are to be recorded with the appropriate counties, upon such tes and
conditions as they deem appropriate and in the best interest of he Corporation and
the Partnerships.
There being no further business,upon motion duly made and seconded, the meeting
was adjourned.
r
i
Ke71s"I th 1 �r •
Secretary o IL_ Meeting
190402336
IMl'T dVzx iYT SWU1 TV 'BOND
(Fetf mw=*.Guamtee, aad fty t)
(Carlo,Government Code SS�sp9.66499,10)
Rtaut or Rown twRovtw er AmuwT; The I'riztwpal has ae=td an agtew=t wi*, the
County to install and pty for stmet, &ainap and other Impravemmu on, or slats NNORRIS CANYON ROAD
and to complete odd work vwithin the tiros spwiW fot completion in the.
Road Improvemw AVaerment, aft in accordum with State and local laws aid Vis.
TOLL BROS. , INC. , A WHOLLY-OWNED SUBSIDIARY OF
l �T�caNs TOLL BROTHERS INC. an P&Ctpal, And
NAT�T¢,ONAi� FIRE INSURANCE COMPANY OF p�.�.y
HAA 4 FORD ��rrrw ✓r�rlrr�w.3 a�i�iiion orgy eidetiq uaft the im of r
State of CONNECTICUT and wthorind to trate w surety businas in C&ILfot`nia,
as Surety, hem4:yJ Y ate.aeveratiy bt td mvWves.our heim exacutom adminimatoN muceesaors, W
aligns to the COWty of Contra C,01W,,Ce!{fornia to gay it:
A, P*Aajedane:e: :WO MILLION EIGHT HUNDRED THOUSAND AND NO/ .00 - - - _ - ITollatt
(S 21_800,022-0-0--)for h*f or any city assisaw undr the above County Road Improvement
AVV=Wulp
l#�Mye tt< ONE MILLION FOUR HUNDRED THOUSAND AND NO1100- - - - - - - l o2lara
to swum the daims to witich refertm is made in Thle Is et . of the
Chrli Code of the State of Womiit.
3. Cc�Nn►tY`It��
A. The Conditkm offs obi*tk*a#to Seotton 2.(A)Above is xxt dig 1 the above bounded Princl*,
his of its lira,v=Aam aftttlsttatota,vx4taws or uftm. sbsll,in all thimp rAnd to and abide
W. and wefl W truly keep and pafosra tin wvanwits, vw6ttkm and provisions in the said
agte meat and any alwation*wee trade as thazau prov", on h or its pw% to be kW AM
pwft=sd st the tims and W the manor t w*h spaudad,and in AD respetts according to liter true
intern and mewin& and Ott indec z* end cave harrdat the County of Contra Costa (or city
"arm),iso odom, 90mu and *ors.as themin atipuWied. them thit cbiigation shall become
ttcttt,and void; otherwise it shall be and remain in fill fog andtact,
As pari ofthe o 4oti srrasrW hW Ind in adaliti=to the 5WO aamaarras 39adfed thrraforar,thea
shall be irauded costs aW toa sonabh, expemes and fig, incluaiittg reaasombtc attorney's fmt,
trcvrr+ed by County(or city esa~gnee)in succmftty a forcing curb obligation. all to be taxed as anus
tnd included in any judgement re adered.
S. The condition of 1his obtigetion at to Section Z.(#) aabm is zmh the said Pr pat ad the
undmigned as corporate surety ars held faTaly bound unto the Con=y,,ef Contra Caxsm and all
cowaactm subcontractors,labo=6 mattaaazsr am and otW personas au ployed in the pctfatrmrc
of the aafin asid Wftmect and r&mxi to in the 'd Civil Code liar man shaak fta mi hed or labor
therson of arty Wz4 or for aunou&A chn under the'Unamoa r wi t Imuram Aast wnth respect to such
work or l 6or,thm said stia^arty wit pay the arm ki an aamatatt not a tcaaaft the amount haemin above
acct forth, ad also in caw suit is broulft up=this brand,, will pay, In addition to the fact wtount
thsteof, casts as W reasonable aEpm,sass W fm, Inch;44 ressonablo nttorno feet, incurred by
Coiaaaty(or witty sem)in su+c essfully as orcing such oW4atsiou,to be+s Mated and fixed by the
court, vA to be#awed ass coasts and to be izaa lt:+dod in the judpokM there:itx retsdar ed.
It is hweby vVessly stipulated and speed t#aat thins bond&W imve to the baancAt of any end erre
panus,oompufm and r rpotvioraa tWtbeti to file clam tv l+er`rdW 15(ranking with Section
3012)of Part 4 of Division 3 of the Civil Code asf'the State of Caalifttr W, so sa to Siva a riot of
a cion to them of their awsai in any#Wt brov&up=titian born,
Should ahs condition of this bond bo l'iiily performed thaw tbis otbgatian ski I b ecornae null and void,
asdamise it shall be and remain is halt formes:and taffi+ct,
C. No alteration of said Road lmpmvezant,Avemmt or any plaa'a or spe6fication of maid wtarit wad
to by the P iralpai and dw County 3W relieve any gurcty ftam iia Mty an taus bond;and consent is
hmeb r givm to Luke auth aaltaasicn wfth futtber noticia to at rotnseatt by 'Surety, sad%be Sunnty
hoe *y w the pia atrm of Wforela Civil Codt Section 21119.and holds itscif bound without
regard to md indepaa Meetly of any action against n dear whoov taken
4. SIiGM AM SLAM: TX *urn,wtiVW waaruted this doo=eot can juLY.,�z7. .lg 99s,,.-_-__ mot
PRIING�'AL: TOLL ZiOS. , INC. NATIONAL FIRE INSURANCE COMMPANY
�... .,.�._. ST111M t`Ya.,S2l �FQRD ..�,...�.�.,.,
Mdrm 31a3 cIWJ C Aa'1d vu. P 0 BOX 8286
CAY: .)f r• .J V f CityPtj
.tV: PHIT� ELP IA, PA 19 0i
18y: By,
aML
Tdel e.5-1 Title; ATTORNEY—IN—FACT
f
Av 1A9h, OF PRIM PAUS)
STATS OF
CXYJNrY OF
L iribttly PWW10 to ana 1W W%&fate arwd CWntY attavitaid,00 twftby Ctftity thtl
trntatt hamt is signad b ft ibttpo`tttp lona.itue day Ptrsarxky O"Vtd Wont m t in my Sista and Cumty aiomsaid attd atdttomodptd Vtiv samm.
Givtn wld*r my hand this_day of 19
My= rrA&sion a xt w*&:
A0"0WMt*EiM0Cr OF CORPORATE SU TY(S}
STATS OF PENNSYLVANIA
COONTY OF DELAWARE
t._.-_____AALENE OSTROFFNac r Ptd In and for xu Stgit and Coanty aiora:sid.oa"by oemi*stat
R. WAITE
A"*"ty in•Fs= is i NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
Who"twanwtr is aw tc ft brtgOkv bond.1*day oi+abnaoy ap"Atod to**ane in ffrf State anti Counw alomsud stsd acivw wioageo fart san*.
Givart w+dtr ewy hand thisZXWy of JULY gg 9 S a
Lty tibtt t: nt:: 11I 14 f 2000
IN0TAciAL SEAL
^R i ,E�?S p FF, !qo*ary
St. Da✓ids e a Bare Cc r,;Y, FR
My Cnrrm;ssicn es PdOv
rF,'�b., 14,2 ^
,a
G,.
POWER OF ATrORNRY APPC3W'TINC MrVrDUAL AITORNEY-IN-FACT
I
Know AN Men By These Pmettttt,That CONTINENTAL CASUALTY COMPANY.an MI'inais corporation,NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD,a Con,�r put���bom AMERICAN CA{�S(UyALTY COMPANY OF READING.PENNSYLV
ANIA,a Per }�
�corpataWn� and
ycalled CNA�C ff"li"w).W,,,,,_�'J �'y ize �M�,,�id � �Y�1MRei y�{�,�. offices in
ew of�b a d State o �. do by v x of tw i41�a d iH����cuter oWi•t�tb ft and appokft
VVWam F.O'B 1filliatm F.Sknldstt .lobed R.wafts .doM A Sintldss 11! L*rriel P.,2g0j2M kukAdud
of St. gilds Pwttns nle
their true and**$A AtkxrwAa)4m+act vatth ful Pow and authority hereby confeerrW to*IM a"and ezwAs for and on ew behaSf bonds,
utidwrtaWrgs and other of atwy irwtrsrr�of shear nab"
in Urimhad Armurts-
and to bind tt m t woby as W and to t?te saute wttteent as It such irmtrurttartta vmm*Wad by a diiy end~of heir corporstions
and a1 the acts of said Attorney.pursiartt m tw sudt Aty-hareby t; we hereby ratdiwd and cwxttirnwcL
Thhe Powwr of Aftm@y is made and executed pursuaett I*and by**a*of the By-Laws and Resoltdions,prided on the reverse hexed.duly
adopted,me kxkxted,by the Boards of Directors of the corporations.
In tfV#t wn Whwrwof,the CNA Sureties Coatpw*w tw w caused these presents to be sighted by their Group Viae President and
cheer carpfx seals to be hereto W%wd on this 12th day of October logs
CONTINENTAL CASUALTY COMPANY
t}' a NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING.PENNSYLVANIA
w
SIX 14
M.C.Vonnahrr* GmW Viae President
Soft of Wovis.County d CooK as:
on tNa 12th clay of October , 195 before wo person*cwrw
M.C.vw rtahrwr tete who.beim by rete duly sworn.dd end seedy: he h of Oftion .State of El nois,
aced he is a group than President of CONTINENTAL CASUALTY OOM PPANY' NATIONAL FUM INSURANCE COMPANY OF I EAR ORD.
and AMERICAN CASUALTY COMPANY OF REAW4,PENNSYLVANIA deacribed in and whkh executed Ow above imstaabarrtatt;ttmd tw
k wws#tw SOWS of said ccrpwatlactw:that itw awalre tot cite std ina#ttrtt+xtt are sttoh tta retratr araelr#rod they arses ac at'lEtaed pct io
audio*Om by the Boards d Diroolarw cf sold s+o Waftne and that he aural Net rmrete thertr�rt purwurrrtt tpa Etias�.lend Igws
swm ter be toad mid deed of said onrparottiorrttt.
My Coftwission Ewkw 19,INS Linda da N Pak—
CERTIFICATE
I..IoM M.Litter ,Avaisbot Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hwreby mft tW ft pmw of Af mey hit
above est#arta is a0 In force,and fttw owrtify that to Byer and Ro solrttion of the&ted of Witte of each ccrpwatlan printed on to
reverse hared are st l in forte.In t�aartlr cony whwrwof I have trwraunet subscribed racy name and aflbawd the$"I*of the said owpare&xw
eeft22 7TH day of JULY iy1998
CON'T'INENTAL CASUALTY COMPANY
NATIONAL FM INSURANCE,COMPANY OF NAT#TFORf 1
AMERICAN CASUALTY ANY OF READING.PENNSYLVANIA
Ai.
w "
W
®ritp=
#fig �' � �✓�+�...
{Rev.,tedll�t M.Llttdwr
Authorizing By-Laws and Resolutions
d
ADOPTED BY THE BOARD OF DIRECTOR$'OF CONTINENTAL.CASUALTY COMPANY:
This Fotiwer of Attorney ismade+rind�
of the Company. pursuant to and by W010ft of the followft By-Law duty adopted by the Board of Directors
"Articde L*(-ExeMUon of Documents
Section 3.Appointment of Attorney-in-fact The Ct ahnan of the Board of Directors.the President or any Fxe=Aiw,Senior or
Group Viae Press W may,from time to time,appoint by written c tss atta Toys4w-fact to act in behalf of the Company in the
e3 Oallcrr Of policies of insurance.bonds,undertakings and other ob�irtstn rm is of Ike nature.Sutch attorneYs-in-hct,subject
to the knitations set forth in their reispective certificates of suft tty.shah have full power to bind the Company by tt,*souture and
wwartionn of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President
Or any Executive.Senior or Group Vim President or the Board of Directory,may,at any time,revoke all power and auttnofty previously
given to any attorroy.in fact
This Power of Attorney is signed and sealed by facsarAt under and by the authority of the following Resolution adopted by the Board
of Daeet m Of the Company at a meeting duly caped and held an the 17th day of February,1993.
'Resolved,the#the signature of the Pre siderd or any l xmfiNe.Senior or CWoup Verse president and the seal of the Company may
be affixed by facsimile on any power d attorrnsy granted pursuard to Section 3 of Article D(of the By-Laws,and the signature of the
Secretary Or an AssWmt Secretary and the"W of the Company may be afiooed by facsimile W any certificate of any such power and
any lir or ate bearing such hosanpe nigra ure and seat shall be valid and binding on the Caanpany.Any such power so executed
and sealed and Certified by certificate to executed and sealed that with respell to any bond Or undertaking to which It is attached.
Oonhrwe to be valid and binding on the Company.`
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVAN A:
This Power of Attorney Is made and executed pursuant to and by autttority of the following By-Law,duly adopted by ttse Board of Directors
of the Company.
'Articde%--ExecuUo u of Obligations and Appobtt neat of Attiorney4f1.Fact
Section 2 Appoirttrnent of Aftmey4n-fact.The Chairman of the Board of Directors.the President or any Executive.Senior or Group
Vice President may,ttm time to time,appoint by writbexn ceras atborneeys4n4act to act in behalf of the Company in the executions of
polkas of Insurance,bonds,undertakings and other obligatory i nStrurnents of like nature.Such atbomays-ir fact,subject to the kritatians
sect fwth in their nnpective certificates of au axx ty,shall have full Power to band rho Company by tttek sigratu re and execution of any such
instrnxnenft and to attach the seal of to Company thereto.The President or any Fxecwdve,Senior or Group Vice President may at any time
revoke all power and authority previously given to any attomey4n-fact'
This Power of At4orney le signed and OMW by faosirnk under and by the authority of the following Resolution adopted by the Board
Of Dinecbots Of the Corr>pany at a rneaft duty carped and held on to'l ft day of February,1993.
'Resolved,flat the sionature of the Prrsidwt or arty EWeitrtive,Senior or Group Vaca Reskla t and the Bead of the Company.rnay
be Wand by fa=ntiie on any Power of atfn mW granted pur u ort to Section$of Article Vl o f the SyAxwa,and the signattre of the
SocraWy or an Aaftord Secretary and the seat of the Coripany'nay be affixed by facsanife to any certificate of any such power and any
POW Or certificate bearing such factirn a signature and carat shall be valid and bindrV on the CWWW.Any auch power so executed and
teased and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which It is attached,continue
to be valid and binding an ftte Company.'
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Af mey is made and executed pursutant to and by authority of it*following Resolution duly adopted on February 17,1993
by the Boats of Directors of the Company.
'RESOLVED:That the President.an Exam*"Vice President,or any Senior Or Group Vice President of the Corporation may,from time
to tine.appoant,by wtttben cortkates,Aftmeya-ln*ad to deet In behalf of the Carporatioin in the execution of porous of insurance,bonxts,
wxlertaaidngs and other obligatory atstrurnents of We nabLxa.Suclh Attcatney4-,-Fa4 subject to ft limitations sept fcxltt in fheir respective
carifficatee of authority,shalt have U Power In bind the Corporation by their spa and execution of any such instrument and to-th
the seed of the Corpxstkhn ttwvto.The President,an Etaectllve Via President,any Savior or Group Vide President or tha Board of Directors
may at arty fame revoke all power and authority previously given to any Attorney-inaFed.'
This Power of Attorney is signed and sealed by facsimia under and by the autixirlty of the following Resolution adopted by the Board
of Directors of taw►Company at a meeting duty caped and hold an the i7th day of February,Ion.
*RESOLVED*.That ftte signature of the President.an Executii+e Vice President or any Senior or Group Vice President and the seal of the
Corporation may be sliced by o on any Power of attorney grarited pursuant to to Resolution adopted by t*Board of Directors on.
February 17,19M and the signature of a Secretary or an Assistant Secretary and the anal of the Corporation may be afCoaed by foosimiie to
any certificate of any such power.and any power or cor liftate blaming vich facsimile signature and seat*hall be valid and binding ars the
Corporxtion.Any such power so executed and sealed and certified by certificate so executed and seak 4 shall wM reaped to any bond or
urxdertaking to which It is attached,ccntirxis to be valid and binding an the Corporation.-
....................................-
orporation.'.......................................
.................................................................................
_................................................................................................
............ ......... ......... ..................
........... ......... ..............
. ........... ......... ......... .........._
........_... ._...... ......... ......... ......... ._
__ _ _......... ................_
P,nAD BeROVBMENT AGREEMENT''EXTENSION X,
Contra Costa County
Development Number :ISA 1032
Developer :Toll Brothers,Yaa. �
Original Agreement Date :April 10,1999
Fist Extradoen Now Termination Dat* :*pro 20,2001
Improvement Security
Cash :S 7,PO1?.00(lye cash,$1,000 Mia.)
1 (X)Bond ;S 2,800,000.00(Patorsunce)
$1,400,,000,00(Labor do Mattrial)
Bond No.(Dante) :19040233e6 (July 27,1998)
3
Surety :National firt latsurancet Company sof Hartford
The DeveloM atd the Surety(or Fina ncial_institudon)desist this Road Improvement Agreement to be e)tended for ugh
the above;elate;and Conti Costz County and said Surety(or firmcial Insttutiot)hereby agree thaeto=d acknowledge
same,
MAY 11, 2000
13aattd: Irys��yt}e�3: a �y�+ INC.TOL 1J�Va�s g L1Y £
r-OR C41�"1`RA COSTA COUNTY �
Maurice M. Shiu,Publio Works Dir
vele pex"s ignawre(s
By,
�,�+���+, ted
RECO Fo"R 14PPRe;3�1AL:
Survives 1"1ivzsiou)
NATIONAL FIRE INSURANCE COMPANY OF RARTFORD
Surety or p'istaxzei:l TA$Iitutiear:
PO Box 8286, Phila. , Pa. 19101
{i' OZZ DMIO er's, Surety's and Financial Address
txat #oxr'a Sirwturas�be IVoaarr3��) _
FORM A PPROM' MOW 1.Wei,C mty Counsel A its pacts Signame
JgKn R. Waite
to
Printed
kw
4tr W54�5H AAf}A'C.li�ie�D�t&�Sva'Jabn� t3G42 C82.doe
AAer Approval Pelota to Clerk oftht Bows
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r
X
State of California
County of ORANGE ss.
AUGUST 18, 2000 JULIE R. YOUNG
On , before me,
Date Name end! iitis of O icer(s.g.,`Jane Doe,Notary Dublin")
f JAMS W. BOYD
personally appeared
Names)of Signer(s)
a
I personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person( lj whose name() #S.Eire
subscribed to the within instrument and
acknowledged to me at&she/they executed
JULIE R.YOUNG the Sam in is er/their authorized
COMM#1266077 m capacity(i ), and that by i /her/their
Notary Public-Caffomia th signature( on the instrument theierson(�, or
rJFtANSE COUNTY ..a
ley Own.Exp.Jure 20,2W4the entity upon babel€of which the person(
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
( S
OPTIONAL
Though the information below is not required by law, 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: r
< Document gate: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
i '
Signer's Name:
El Individual
c`thu 1a hese
ID Corporate Officer,----Title(s): Top
❑ Partner--❑Limited ❑General
❑ Attorney in Tract
71 Trustee
❑ Guardian or Conservator
El Other:
Signer Is Representing. �
C 1997 National Notary Association-9350 De Soto Ave.,P.C.Sox 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Gall Toll-Free 1-800-578-6927
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of PENNSYLVANIA
County of DELAWARE
On MAY 11 , 2000 before me, NOTARY PUBLIC
DATE ,,3 NAME,TITLE OF OFFICER-E.G.,`JANE DOE,NOTARY PUBLIC"
personally appeared JOHN R. WAI:EE`
r
NAME(S)OF SIGNER(S)
FA personally known to me - OR - 17i proved to me on the basis of satisfactory evidence
to be the persor4Qxwhose nameW ism
subscribed to the within instrument and ac-
knowledged to me that hello executed
the same in hi9j_tA&68bNj authorized
capacit , and that by hisMi oftioM
signature(# on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
IQc
tarial Seal
Thsr3sa,,,,swa:t Notary WiTNES���hand and officio( seal.
W1111s.'ovjn TwP.,chaster county
my Comrnission Expires Oct.6, 2
5
aniaAssocj,:tionofho-varies
M11T7�3'r l�entssyt� � t
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons retying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
�I
INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TMF(S)
PARTNER(S) 0 LIMITED
GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
OTHER;
DATE OF DOCUMENT
SIGNER IS REPRESENTING-
NAME OF PERSON(S)OR ENTMY(IEs)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Rommet Ave.,P.O.Boz 7184•Canoga Park,CA 91309-7184
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 CCC Surety Companies'),are duly organized and existing
corporations having their principal offices;in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seats
herein affixed hereby make,constitute and appoint
William F.Sirnkiss,John R.Waite John A.Simkiss,III,Daniel P.Duni an Richard J. Decker, Individually
of Paoli, Pennsylvania
their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seat aria execute for and on their behalf
bonds,undertakings and other obligatory Instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as If such instruments were signed by a duly authorized officer of their corporations
and all the acts;of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse
hereof,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 26th day of August_ 1899
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
cowo" AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
Aky It,
+3 SE111M1 /Paq*% •
t/ Ad
1&4v 4
leg?
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 26th day of August 1999 ,before me personally came
Marvin J.Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides?in y of Chicago,State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF REMNG,PENNSYLVANIA described In and which executed the above Irmtrumert that he
knows the seals of cold corporations;that the seals affixed to the said Instrument are such corporate seals;that they were so affixed
pursuant to autivxity given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,
and acknowledges earns,to be the act and dead of said corporations.
00FROAL SEAL*
46
FAMMER
flotory Pubille.9W*of 1111"s
9117101
My Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Soortitary 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 sat forth Is stlit In forme,and further oartify d-At ft By4Aw and Resolution of the Board of Directom of each corporation printed on the
reverse hereof are still In force. In test mony whereof I have hereunto subscribed my name and affixed the seats of the
said corporations this 11th day of _ May 2000
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
VAL
il;-y A.Ritilkewskis --nt Secretary
(Rev.10111197)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of
Directors of the Company.
"Article fX—Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attomeys-in fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of litre nature. Such attomeys-intact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the
President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority
previously given to any attorney-in-fact'
This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
`Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and seated shall,with respect to any bond or undertaking to which it is
attached,continue to be valid and binding on the Company.'
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article W--Execution of Obligations and Appointment of Attorney-In-Fact
Section 2.Appointment of Attorney4ri-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attomeys4n-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys4nfact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seat of the Company thereto.The President or any Executive,Senior or Group Vice
President may at any time revoke all power and authority previously given to any attorney-in-fact.'
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February,1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seat shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it its
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIREC"T"ORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice Pr"dent of the Corporation may,from
time to time,appoint,by written certificates,Attomeys4ri-Fact to act in behalf of the Corporation in the execution of policies of insurance,
bonds,undertakings and other obligatory Instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument
and to attach the meal of the Corporation thereto.The Presldeat,an Executive Vice Preisident,any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February,1853.
`RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal
of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Directors on February 17t 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be
valid and binding on the Corporation.Any such power to executed and seated and certified by certificate so executed and seated,shall
with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation."
CNA INSURANCE COMPANIES
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
STATEMENT OF ASSETS AND LIABILITIES
December 31,1998
ASSETS:
Cash $ 2,333,765
Short-term investments(principally U.S.Government Obligations) 26,479,875
United States Government obligations 970,736,201
Other public bonds 692,439,880
industrial and miscellar*ous bonds 202,983,240
Preferred stocks 0
Common stocks of affiliated companies 356,700,352
Other common stocks 187,482
Real Estate 379,592
Premiums and agents'balances in course of collection 148,923,818
Premiums,agents balances and Installment booked but
deferred and not yet due 37,548,969
Accrued retrospective premiums 54,855,072
Accrued Interest dividends and rents 25,474,621
Other Assets 104,957,823
Admitted Assets $ 2,624,000,890
LIABILITIES:
Unearned premium reserve $ 261,661,775
Reserve for loss and Ica adjustment expense 1,389,136,918
Reserve.for taxes,licenses and fees(including fedetal income taxes) 9,325,081
Oiher Liabilities 83,358,053
Total Liabilities $ 1,743,481,827
SURPLUS:
Capital paid up($2,000.par value)
Shares authorized: 21000,000 issued: 2,500 $ 5,000,000
surplus 875,519,063
Surplus as Regards Policyholders 880,519,063
Total $ 2,624,000,890
State of Illinois
)ss
County of Cook)
On this 30th day of April,1999,before me come John M.Squarok and Mary A.Ribikawskis,known
to me personally to be the Group Vice President and the Assistant Secretary,respectively,of the
National rire Insurance Company N- Hardord be-ing,f-*y sworn,certify and attest that the foregoing
statement is a true and coned statement of the assets and liabilities of the said company as of
the date sh nt \
Ma bikawskiS,Assistant `Sec Jo".Squarok,Cr Vice President
"C-FICIAL SEALt*******
SUSAN CAROL CoGjq
00TARY PUBLIC, IAN
-k��y ca STATE OF IL
"Mission Ex ares LINOIS •
Fes Aug.21,1999
try Public
TIDE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 20, 1999 by the following vete:
AYES: Supervisors Gioia, Uillselila., Gerber, DeSaulnier and Canciamilla
NOES: None
ABSENT: More
ABSTAIN: None
RESOLUTION NO.: 99/1.86
SUBJECT: APPROVAL of the Final Map and Subdivision Agreement for Subdivision 7267,
Lafayette area.
The following documents were presented for Board approval this date:
I. Map
The Final Map of Subdivision 7267,property located in the Lafayette area, said reap
having been certified by the proper officials;
II. Subdivision Agreement
A subdivision agreement with Morgan Capital Investment Properties, a California
Corporation, subdivider, whereby said subdivider agrees to complete all
improvements as required in said subdivision agreement within one year from the
elate of said agreement. Accompanying said subdivision agreement is security
guaranteeing completion of said improvements as follows:
A. Cash Deposit
Deposit amount: $5,800.00
Deposit made by: ;Morgan Capital Investment Properties, a California
Corporation.
Auditor's Deposit Permit No. and Date: DP 323902 (December 8, 1998)
3C:kw I hereby certify that this is a true and correct cape
Q\CrrpData\Engsvc\Bo\1999\Ho 4-20-99.doe of an action taken and entered on the minutes of
ortginatarsi'ublicblarks(ES) the Board of Supervisors on the date shown.
Contact. Rich Lierly(313-2348)
T—2-20-99 t ri l 2 1999
Morgan Capital investment Properties, ATTESTED: � j _ i
A California Corporation PHIL BATCHELOP,Cleric of the Board of
Three Harbor Drive,Ste.303 Superv' s an unty A in' trator
Sausalito,CA 94965-2943 t
ULICO Casualty Company s s s
500 Ygnacio Valley Rd.,Ste 260 By.
Walnut Creek,CA 94596 Deputy
SUBJECT: APPROVAL of the Final Map and Subdivision Agreement for Subdivision 7267,
Lafayette area.
PAGE: 2
DATE: April 20, 1999
B. Surety Bond
Bond Company: ULICO Casualty Company
Bond Number and Date: 898016785 (December 3, 1998)
Performance Amount: $579,100.00
Labor&Materials Amount: $292,450.00
Principal: Morgan Capital Investment Properties, a California Corporation
III. Tax Letter
A 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 1998-1999 tax
lien has been paid in full and the 1999-2000 tax lien,which became a lien on the first
day of January 1999, is estimated to be $9,400.00, with security guaranteeing
payment of said tax lien as follows:
Tax Surety
Bond Company: [JLICO Casualty Company
Bond Number and Date: B99016828,January 7, 1999
Amount: $9,400.00
Paid by/Principal: Morgan Capital Investment Properties, a California
Corporation
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 FURTHER RESLVED that said parcel/final map is APPROVED and this Board does
not accept or reject on behalf of the public any of the streets,paths, or casements 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 agreement is also APPROVED.
THE BOARD OF SUPERVISORS OFF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Carder on April 20, 1999 by the following vete:
AYES: Supervisors Gioia, Uil.kerra, Gerber, DeSaulnier and Ganciarr�illa
NOES: Mone
ABSENT: None
ABSTAIN: None
RESOLUTIOTN'NO.: 99/1,o,7
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED:
INSREFERENCE RANTOR. AREA
Grant Deed of Development Subdivision 7267 Morgan Capitol Walnut Creels
Rights (Scenic Easement) Investment
Properties,a
California Corporation
I hereby certify that this is a trite and
correct copy of an action taken and
entered on the minutes of the Beard of
Supervisors on the date shown.
ATTESTED: April 20 99
PAIL BATCH LOP,Clerk of the Board
of S ;Zi,od Courtirrtinistrator
By p �
JC-.kw Deputy 1,
G:\GrpData\ ngSvc\B0k1999\B0 4.20-99.docRevised(3/97)
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348)
ece Recorder(via Title Co.)then PW Records then Clerk of the Board
Director of Community Development
Recorded at the request or.
CON-MA COSTA CoL,'1'TY
F"ablic Works moment
Rewm to:
Public Works Depattrwsz#
Servioes
Am.- Walnut Creek
Ra*d: King Drive
County Road No.:NIA
Project: Subdivision 7267
Assessoes No.: 238-M-003
GRAFT DEED OF DEVELOPMENT RIGHTS
(Scenic Easement)
To meet condition number 8&9 of Subdivision 7267,we,Morgan Capital Investment Properties,
a California Corporation, (Owner) hereby grant to the County of Contra Costa, a p6litical
subdivision of the State of California(Grantee) and its governmental successor or successors, the
future "development rights," as defined herein below over a portion of that real property known as
lets 1-6 of Subdivision 7267 situated in the County of Contra.Costa, State of California, and more
particularly described in Exhibit A.
"Development rights" are defined to mean and refer to the right to approve or disapprove of any
proposed construction, development or improvement within the areas marked "Scenic Easement -
Restricted (Development Area - Development Rights Granted to Contra Costa County." The
"development rights" are and shall be a form of negative easement which shall run with the said
property and shall bind the current owner and any future owners of all or any portion of said
property. In the event of a disapproval of proposed construction by the Grantee or its successor, said
proposed construction shall not be performed. Grantee or its successor may condition its approval
of any proposed construction upon prior or subsequent performance of such conditions as Grantee
may deem appropriate.
Any owner or owners of all or any portion of said property desiring to develop any improvement
requiring the approval of Grantee or its successor herein shall submit to such entity a written proposal
describing the nature, extent, and location of such improvement. Grantee or its successor shall have
six<y(60) days from receipt of such proposal in which to,grant its approval or disapproval. Failure
by Grantee or its successor to respond in said time period shall be equivalent to the approval of such
proposal.
The undersigned have executed this instrument on November 9, 1998
Morgan Capital Investment Properties,
a California Corporation
tea } Lewis E. Cook,,. Jr.
President
L da J. otti Felt
(see attached notary) Secretary
ALIFt38NIA ALL-PURPOSe aCKNOWLEDGE-MENT
State.of ' California OPTIONAL SECTION
County of Marin CAPACITY CLAIMED BY SIGNER
On11/10/98before me, Deborah L. Johnson, Notary Public Though statute does not require the Notary to
wTE'UU l; oFFIcF-R s.G..• ., fill In the data below,doing so may prove In.
valuable to persons relying on the document.
personaily appeared _ Lewis E. Cook, Jr. , and Linda J. Plott: Pel
a - INDIVIDUAL
personally known to me- V CORPORATE OFFICER(S)
" to Presidentand- Secretary
be the person(s)whose names)Mare
subscribed to the within instrum nt and 0 PARTNERS) I]LIMITED
acknowiedged to me that t} 1 (they r-GENERAL
executed the same in � 't�r�it 0 ATTORNEY-IN-FACT
DEWRAH L JOHNSON authorized capaciVies and that by C]TRUSTEE(S)
C4mmwan AF11301 g4 l"r,'their signature(s)on the C3 GUARD#AMCONSERVATOR
instrument the persons)or the entity 0 OTHER:
upon behalf of which the person(s)
main Cc^MtrC.twttrn. t+^E11, fft acted,executed the instrument
(( WI ESS my ha d oftal seal, SIGNER Is REPRESENTING:
3� � _ .� riax�csc vs�ss,ow Fnt!'iF+rt;ssr
Morgan Capital Investment Pros ties
OPTIONAL SECTION APN #238-040-003THIS CERTIFICATEMUSTBE ATTACHED
TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT Grant Deed of Development Right s
NUMBER OF PAGES 1 DATE OFDOCUMENT (None). SIGNERS)OTHER
THAN NAMED ABOVE
t wrew.w 9 ✓r"s on q»
batnx+.rt axt zatrt prv+a+t howst.ne
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents roust comply with the following to be acceptable to Contra Costa County.
1. FOR ALL SIGNATURES a The name and interest of the signer should be typed or printed BENEATH the signature. The
dame.rnust be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
Ill. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have
e out arty to sign-for-and bto the partnership.
IV. SIGNATURES FOR CORPORATION'S ;
Documents shou" e stgnA y twu o kers,one from each of the following two groups:
GROUP i. la The Chair of the Board {
b The President
c Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
�c The Chief Financial Officer
d 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
Beard 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,roust contain the following phrase:
"..and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of Its Board
of Directors".
K.ietags��r„4`urmti;nstrey.na
o��ro4
Subdivision 7267
(Scenic Easement)
EXHIBIT "Att
All that real property situated in the County of Contra Costa, State of California, described
as follows:
A portion of Lots 1 through 6 designated as "Restricted Development Area (Scenic
Easement)—Development Rights Granted to Contra Costa county,"as shown on the Final Map of
Subdivision 7267, on file at the County Recorder's Office as follows:
Date:
Book:
Page:
MM-
mw
G:%Gm,Data\EugSvcVOSEPH11998'NovembeiSU33 7267 Exhibit A.doc