HomeMy WebLinkAboutMINUTES - 06032003 - C21 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/ 3 5 7
SUBJECT: Approval of a substitute Subdivision Agreement and exoneration of existing
Subdivision Agreement for Subdivision 8396,Alamo area. (District IH)
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 Y.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.
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G:\GrpDaa,EngSvc\BO\2003\6-3-03\SL'B 8396 BO-24.doe
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an action
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-Livorna Associates,LLC
675 Hartz Avenue,Suite 204JUNE ()3 2003
Danville CA,94526 ATTESTED:
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 Raman,CA 94583
Attn:James Baldacci
Travelers Casualty and Surety Company of America
350 California Street,Suite 2020
San Francisco,CA 94101
Attn:Mark V.Karpenko
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-Livoa
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 Bate: , Completion Period: I year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTiMA_0051A COUNa PRINCIPAL Quail P a t h e L if
Maurice M.Shiu,Public Works Director l i f o r n a Mi s b i l i t y Co.
474&�
By: (3ignatwo}
(Print name&title) ames F . Baldacci t anager
RECOMMENDED
By: (5ignatwe}
gin g ices Division (Print name&title)
I ORM APPRO 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.)
1. PAR°IJES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon and the above-mentioned
rixici W,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 plans 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
required 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. UMPROVEMENI"SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County
Ordinance Code,provide as security to the County:
A. bee Performance and Guarantee: S 17 5 6•C Q cash,plus additional security,in the amount:S 17 5,6 0 C.G 0
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 Payment: Security in the amount:$ 817, 8 0 C•0 C � which is fiftypercent(50%)of the estimated cost of the work.
Such security is presented in the form of:
Cash,certified check,or cashier's check
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. GUARANTEENL)
WAMANTY OF WM, 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
96-4.6,"Acceptance,"of the Ordinance Code, Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system.
5. PLAN
T ESTABLISHMENT—WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work
determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a
period of one(1)year from and after the Board of Supervisors accepts the work as complete.
b. IMPROVEMENT PLAN WARRANTY. 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. NO WAIVER Y COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or
employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any par'
of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this
agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply
with any of the terms and conditions hereof.
8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities 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 ofthese 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
including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The getinns causing Nabi€ity 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-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Inderrmitee 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.
9. COSTS: Principal shall pay when due, all the costs of the work,including inspections thereof and relocation of existing utilities required
thereby.
10, SURVEYS. 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.
IL NQN-PERFORMANCE AND COSTS: 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. INCORPORATION/ANNEXATIOly. 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 teras 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 MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision.
RLMAad
GAGrpDatalf3ngSvc\Fonm AG WOR-MAG-30-kc
Rev. October 25,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
S
tateof w OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to flit in
DAt b°forc m°, oe o i x B,a arse txfa, or+€c txc" the data beim,doing to may prove invaluable to
persons relying on the doeurnent.
personally appeared s}o s}
0 INDIVIDUAL
VL personally known to me-OR-0 proved to me on the basis of satisfactory evidence to d CORPORATE OFFICER(S)
be the person{ whose name(j)islafe TITn�{s}
subscribed to the within instrumeny,and
acknowledged to me that he/sle/they executed 0 PARTNER(S) O LIMITED
, } the same in his0r/th&authorized p GENERAL
capacity(iad),and that by hislhbr/their Q ATTORNEYJN-FACT
Y put*•OWNWIS signature(sl on the instrument the person(t)or g TRUSTEE(S)
CSpfto Coft CCU* the entity upon behalf of which the person(ap o GUARDIAN/CONSERVATOR
p{t , acted,executed the instrument. p OTHER:
I"I ESS hand anffic' eal, SIGNER IS REPRESENTING:
NAM OF PERSONS)OR BNrrrY(tES}}
StONaY 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 law,it may prove valuable Date of Document_
to persons retying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-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 Coma Costa County.
I. FORA L SIGNATt 2ES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must sngne` exact y as it is typed or printed.
II" SiGNAPL3� fS FQR INI7[MUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
properterty�ta��
III. SSWNAj= FOR PARTNERSHIPS - Sigrting party must be either a general partner or be authorized in writing to have
e authority to sign car an m e partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should e signs y two o rcers,one from each of the following two groups:
GROUP 1. air of the Board
Na{(b})The President
e Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
c The Chief Financial macer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in questions is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from oilyy one group,must contain the following phrase:
"...and acknowledged tome that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
romr
WWII iVSi LA1WATMQrpr a&Wng5va,P=vMORU PORMSWI PURPOSE NOTARX,due
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 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
Castle Creek Company Inc.
A California Corporation
James,F.�Baldacci ;
By-
Title: S,K retary
,r
Subdivisiow, B296
Bond Net.. 10255-404
Premium: $2,897.00
NPROVIR'NENT SECUPITY BOND
POR SUw1t sm Ar,GI NPT
(Performance,Guarantee and Payment)
(California Government Code:§§ 66499 -66499.10)
1. MTT AL or Su,gwvLsloN AM�'nt,�rar I: 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- ~8396i__ ,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 then under in order to satisfy conditions for filing fa final map or parcel map for said
subdivision.
2. 0a uaAnDx: Quail-Partners, LLG asprsrcipW and
a corporation organized and
existing under the laws of the State of Qgnaecticut and authonzed to trumt surety
business in California, as surety, hereby jointly and severally bind ourselves, our hem, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance and Guarantee: One Hundred Seventy-Five Thousand Six Hundred & no/100ths
Dollars($1 Z„5.60Q,00*** ) for Contra Costa County or any city assignee;under
the above County Subdivision Agreement.
B. Payment: i - ' Dollars
($87,809.00**** l to secure the claims to which reference is mer in Title XV
(commencing with Section 3082) of Fart 4 of Division M of the Civil Code of the State of
California.
3. Coamrm:
X The Cor:dition of this obligation as to Section(2.A.)above is such that if the above bonded principal,
or principal"s heixs,executors, administrators,sur..cemrs or assigns,shall in all things stand to and
al�idn by a.-Ad well and truly keep and perform the coven,conditions and provisions in the said
ag-cernenzt and any alteration thereof made as therein provided, on it or its part, to be kept and
perfoant)d at the time and in the rnarmer therein specified and in all respects according to their true
intcn.+ and meaning and shall indemnify and save harmless the County of Contra Costa (or city
assignee) its offices,agents and employees,as therein stipulated, then this obligation shall become;
null and void; otherwise it shall be and remain in full fence and clIect.
As part of the:obligation secured hereby and in addition to the face atnount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorn s fees,incurred
by the County ofCoutm Casts(or city assignee)in successfullEy enforcing such obligation,all to be
taxed as costs and included in any judgement rendered.
B. Ther condition of this obligation, as to Section (2B.) shove, is such tlut said prrncipsl and the
undersigned, as corporate surety,are hold firmly bound unto the County of Contra
in � d all
contractors,subcontractors,laborers,material men and other persons wV oTrod performance
of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials
fiunished, labor of any kind, or for amounts due under the UnamploymOnt Insurance Act with
respect to such work or labor and that odd surety will pay the same in an amount not exceeding the
amount herein above set forth and also,incase suit is hmught upon this bend,,will pay,in addition
to the fact amount thereof,reasonable costs,expenses and fees,including reasonable sttotney's fens,
incurred by the:County ofContm Costa(or city nsigrm)in Successfully enforcing obligation,
to be awarded and fixed by the court, all to be taxed as coats and to be included in the judywamt
therein rendered.
it is hereby expressly stipulated and agreed that this band AWI inwt to.*0 bet a Of MY*ad all
persons:companies and ompondiow entitled to file,c•.Wmz under Title 15(ex omenci r►g with Section
3092)of Part 4 of Division 3 of the Civil Code,son to give a right of action to there or their assigns
in any suit brought upon tlris,bond.
Should the work under conditions of this bond be fully performed,then this obligation shall become
null and void;otherwise it shall be and remain in full force and effect
C. No alteration of said subdivision agreement or any*plan or specification of said work aged to by
the principal and the County ofC4ntr'a Costa(or CRY assi:nnee)shy relieve the MVty A=n liability
on this bond;and consent a huibry given to snake such alter without Audler DDfiW to or contal
by the surety;and the surety hereby waves the proves of Califomi�a Ciwd t;ode.SeMw 281+9 and
holds itself' OQ with tegard tss and independently of any action.es9AMA the Ind w eWr
taken.
SMf&f&AND SFAL-89 on Au ust 29, 2002
Travelers Casualty and Surety
pkrNCIYAL,• Quail Partners LL /,L SURETY: Comnanv of America
�.
_ -X Address: ,350 California Street.,; 20,x.
Ate` Zt 4 _.�__.
City: a Ramo <Z' 45S ,,._ City:
By: By: Jul, ...�.
Print Nun .-:=� Com ' -- _..)__. Print Larne:
Title: , Title: Attorney-in-Fact
—t.
4(:V f'\�`;
MM"O
oaovow\ftsvq eNwoaraw-12Aa
few.won~29.
STATE OF California
._
SS.
COUNTY OF C.Ontra C aSta
On August 29. 2002 before me, Myja__J, Hicks
PERSONALLY APPEARED Mark V. Ka enko
personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which
the person(s) acted,executed the instrument.
WITNESS my hand and official seal. ,
� 3 Ana,
it f
Signature / Ana, }
This area for Official Notarial Seal
Myra_ . Hicks/
r
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION Of ATTACHED DOCUMENT
Quail Partners LLC
❑ INDIVIDUAL Improvement Security Bond For Subdivision Agreement
❑ CORPORATE OFFICER Bond#103756404
TITLE OF TYPE OF DOCUMENT
TITLE sr
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL Two (2)
EX ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: August 29, 2Q02
MATE OF DOCUMENT
SIGNER IS REPRESE14TING:
NAME OF PERSON(S)OR ENTITY0ES)
Travelers-Gas alty and,Surety Company SIGNER(S)OTHER THAN NAMED ABOVE
pf merica - -
ALL-PURPOSE ACKNOWLEDGEMENT
;z
TRAVELEF"`CASUALTY AND SURETY COMPANY OF A�"`�RICA 4 �`
TR ,LERS CASUALTY AND SURETY COMI'AN
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 061.83-9062
POWER OF AT'T'ORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT
KNOW ALL PERSONS BY THESE )`RESENTS, 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:Dartford, 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 Attorney(s)-in-fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any dace within the United States, the fallowing 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 olid 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 Attorney(s)-in-Fact, pursuant to the
?.utherity 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 lir 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.
VO'T'ED: That the Chairman, the President, any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President
may 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 Attorneys-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:
VO'T'ED: 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.
(Il-Oo Standard)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
1 before met,C .
On —a 1 � � C
Date Name and Title of Officer(M.,"Jane Doe,Notary Pi_
personally appeared Plies1
A
Name(q,of Signersr)(
�iljd-iGK3L]kuLl�
�l
proved to me on the basis of satisfactory
evidence
to be the person whose name(s) is/afe-
subscribed to the within instrument and
acknowledged to me that he4s4e they executed
the same in his/hw/tt*ir authorized
capacity(*i &), and that by his/.iter/their
,.
BE NICE E. O NEAL signature()on the instrument the person,(,$), or
,...,.. COMM. 1362232 the entity upon behalf of which the person(
�+ NOTARYPUBLIC-CALIFORNIA Ad C MTRAMSTA!COUNTY +r
acted, executed the instrument. rx
a .
My Gomm.Expires J+�Ey 11 20Q6 I
VPTNESS my hand and offi e_al. r
Place Notary Sea;Above Signature-3f Nota, ,c
OPTIONAL y,
has Though the information below is not required by taw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
,a
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 At 4fvq j;9
LlCorporate Officer—Title(s): Top of thumb here
1
1-1 Partner—❑ Limited D General
E Attorney in Pact
F Trustee
Guardian or Conservator
❑ Other:
I
Signer is epresenting:
D 1997 National Notary Association-9360 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No,5907 Reorder:Call Toll-Free 1-800.876-6827
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 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
Castle Creek Company Inc.
A California Corporation
James F. Baldacci
R
By:
Title: ISretary
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER ,
TO THE TREASURER. MARTINEZ,CALIFORNIA ,
RECEIVED FROM
ORGANIZATION NUMBER
%S iorgnniutFan)
Ll
{Far Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT
ACCT.
$ i
A
I ✓1n `t l
a
\/ _.,,.
—1 Olt
00 00
I ry 5 off A 0A
l.✓ J�
t ♦`- � �'Y✓ ` ,,Ste"ou
f 7 t �
IL I I I L I 1 1, 1 1 1 ILI 11 1 1 1 1 1 1 1
1 �: f J f
11
T a t. # sWr }tall..
f
}
EXPLANATION �� TOTAL $ '
r t s C l DEPOSIT
r 2 .., ffi _ Deposit consists of the following items
` OR 07t.? COIN and CURRENCY $_ }
CHECKS,M.O.,ETC. $ €4, ` ,
BANK DEPOSITS $-
;> r, r t t } { k - FOR AUDITOR-CONTROLLER USE ONLY
t
Z, r., r J` DEPOSIT
r t PERMIT DI'
NUMBER
I , , -� ✓! ( / (/ 1 r r ' - ?t' t r s ', ASSIGNED '
The amount a money described abi:V6 is for Treasuries receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Fre�rtsury. acknowledged.
Signed ' '.� flf Date fr
�,'� 'l ; Signed: s Signed:
Title: i;(( ! f; X L eput C ty tior Deputy County Treosurer
r
D-34 REV.(7-43)
000649-9665 l 881000: 61108090, $20.000.00, FC Permit #640-99,
California - Sun -Brentwood LLC - Reserve, 5109 East La Palma Avenue,
Suite b, Anaheim, CA 92807
819800-0840: 61107823, $1,756.00, SUB 8896 Cash Bond, Quail Partners
LLC', 1.2885 Alcosta Blvd., Ste A, San Ramon, CA 94583
819800-0800: 61107824, $24,674.00, SUB 7686 beficiency Cast'+► Bond for
Slifer Park Landscaping, Hofmann Land Development Company, 1380 Galaxy
Way, Concord, CA 94520