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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-570 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 13, 2005 by the following vote. AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None pprovrng u vision greernent ig t of Way Landscaping) or u ivision 03-08755, being developed by KB Home South Bay Inc.,North Richmond area. (District I) The following document was presented'"for Board approval this date for Subdivision 03- 08755, located in the North Richmond area: A Subdivision Agreement (Right of Way Landscaping) with KB Home South Bay Inc., developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within two years from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following; Security to guarantee the completion of rightof way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I: Cash Deposit Deposit Amount: $4,337.00 Deposit made by: KB Home South Bay Inc, Auditor's Deposit Permit No. and Date. 450092 August 23,2005 Ls:rn, I hereby certify that this is a true and correct copy of an G.\GtpData ngsvc\BO\2005i09-1a\Soo3-08755 no-ts.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) Supervisors on the date shown. cc: Public Works T.Bell,Construction Current Planning,Community Development T-July 13,2007(P 1) ATTESTED: C-A S'*V,6 KB Home South Bay Inc. J 6700 Koll center Pkwy,Ste 200 JOHN SWEETEN,Clerk of the Board of Supervisors and Pleasanton,GA 94566 County Administrator Attn:Geoff Bradley Liberty Mutual'Insurance Company 505 S.MainStreet,#830 Orange,CA 92868 Attn:Joyce Herrin By ,Deputy RESOLUTION NO.20051 SUBJECT; Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 03-08755, being developed by KB Horne South Bay Inc., North Richmond area. (District I) DATE: September 13, 2005 PAGE: 2 II. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Number and Date: 024022745 August 17 2005 Performance Amount: $429,363.00 Labor&Materials Amount: $216,850.00 Principal: KB Horne South Bay Inc. NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping) is APPROVED.' All deposit permits are on file with the Public Works Department. m COUNTY OF CONTRA COSTA DEPOSR PERMIT OFFICE OF COUNTY AUDCfOR-CONTROLLER r— MARTINEZ,CALIFORNIA r .•'" TO THEIREASURER: RECEIVED FROM ORGANIZATION NUMBER I �: (For Cosh Collection Procedures see County Ariministrotor's Bulletin 105.) DESCRIPTION FIfNDJORC% SUB. TASK OPTION ACTIVITY AMOUNT $ �"� �! f �of t" lir C �{�' J�f i +�r.',..• �''�V -��f.% !('"` _y--r•}��' J qr Lam• `� v, �y f, iti)tt( j l LJ�tai_ ✓t J r j1 741, zz,�o L i—: EX LANATION: TOTAL y� i 1 i i i t ' ( f >`j �l f Mg DEPOSIT i Deposit consists of the:following items COIN and CURRENCY $ J - CHECKS.M.Q.ETC $ BANK DEPOSITS $ r,,, J 1 f :. r ., 1? f j FOR AUDITOR-CONTROLLER USE ONLY fix• DEPOSIT PERMIT DP- NUMBER DATE 42 4 50V"f'rs LIG 91 The amount of money described iebaae is for Treasurer's receipt of above amount is deposit into the County Treasury. p approved. ockn pt©f ced a amount is:tticreby' Signed,. Date , - -'" - fJ Sid'-�— T- (,-, � r� N ExT.� -' Deputy County Auditor Deputy County Treasurer D-34 REV.(7-43) ( ��0 COUNTY OF CONTRA COM Y 04"Wr PEIClfl111 OFFICE OF COUNTY AUDITOR CONTROLLER - MARTNEZ,CALIFORNIA I ORGANIZATION NUMBER ~ " F .'. (For Cmh Calkeotian P see County Adrn rattir's Bulatin 145.) DESCRPTK)N RM/CM-1 Sulk TASK OPTION ACTMTY AMOUNT' f; / 51 Ln�l e J i..J rr C,•C.'...3.,. �.i. i o ! c, > ,1_ ) 1 1 EXPLANATION: TOTAL $ 1 DEPOSIT: ! Deposit consists of the following items COIN and CURRENCY $' CHECKS,MCL,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROUER,USE ONLY DEPOSIT PERMIT [)F�4 N13MBER DATE ASSIGNED The amount of money described above is for Taernurer's receipt of above amount is approved. Receipt of above amount is hw* deposit into the County T =ry. acknowledged. Date ' f Signed: EXT. Deputy Courtly Auditor awrty Treosurw -34 REV.(7-43) }.. 0649-9665 112300: 61161439, $500.00, RS 3027, Record of Survey Deposit, Elizabeth K. Raymond, 2900 Regent St., Berkeley, CA 94705 01649-9665 / 112300': G1161441, $15,000.00, ;LP 03-2008, Improvement Plan Review, Conco Cement Company, 5141 Commercial Circle, Concord, CA 94520 01649-9665 / 112300: 61161443, $15,000.00,Sub 8828, Improvement Plan Review Major Subdivision, Hofmann Land Development Company, 1380 Galaxy Way, Concord, CA 94520 0649.9665 / 112300: G1161445, $500.00, RS 3028, Record of Survey Deposit, De8olt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA 94526 0649-9665 / 112300: G1161446, $x.00, RS 3029, Record of Survey Deposit, Kiter Sav1s & Rei; Inc., 3035 Richmond Pkwy, Suite 214, Richmond, CA 94806 0649-9665 / 112300: G1161447, $23.400.00, RA 03-01152, Landscape Improvement Inspection, Shapell Homes, A division of Shapely Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1161448, $7.200.00, ' RA 03-01152, Landscape Improvement Inspection, Shapell Homes, A division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800. G1161442, $4,337.00, SD' 03-8755, Cash Bond, KB Home South Bay Inc., 6700 Koll Center Pkwy, Suite 200, Pleasanton, CA 94566 819800-08010 / 112300: 61161447, $4.400.00, RA' 03-01152, Cash Bond, Shapell Homes, 'A division of Shapely Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035 819800-08010 / 112300: G1161448, $1,000.00, RA 03-01152, Cash Bond, Shapell Homes, A division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035 x.: _f � S x 0645-9752 1 128200. 01161449, $104000.00, Sb 05-8900 COA #84, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 0682-9752 f 139200: 61161449, $200,,900.00, 5b 05-8900 COA #84, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 Bella Flora Subdivision: Tract,'8755' $ond No.': 024022745 Premium: $2,147.00 ` hRIk ►VEMENT SXCU:CU:t`YBOND FoR PuBuc RIGHT Qy Wxy LAIDsCAn A.t3R»E11 ENT (Pai 'ormance, Guarantee, and Payment) (California Cvmnment Cade Sections 66462 and 66463) I. The Principal has executed an agreement with the County to install and pay for public right of way landscaping, andother mated improvements in Subdivision. 8755 as specified in e.Subdivision. cemant.(Right of 'ayLandscaping.),apd. to complete said work within the time,specified for completion in the Subdivision Agreement Nght ofWay Landscaping),; all in accordancewith State and local laws and:: rulings 'thereunder in order to satisfjr'. conditions for filing of the Final Map or Parcel N*for said Subdivision. QBtrG �tb�+t:', KB HOME South Bay. Inc.' as Libert�y Mutual "Insurance Company ator-pozation o under the laws of the State of Massachusetts and authorized to transact surety business iii California, as 'Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the;County of Contra Costa,-California to pay it; A� Performance and Guarantee: Four Hundred .Twenty Nine Thousand Three Hundred. Dollars (S_ 429,363.Qq l for itself or any city assignee under the above County Subdivision Agreement,plus Sixty Three and N01000 B. payMent: Two Hundred Sixteen Thousand Ei ht Hundred Fifty and N01000 Dollars (S 216.,850.00 # to secure the claims to which refirence is made in Title XV (commencing with Section 3082)ofPart 4',afDivision M of the Civil Cade ofthe:State of California.. 3. Cc►, : A' The Condition of this obligation as to Section 2.(A) above is such that if the above bounded 'Principal,bis or its heirs,exxecutors,administrators,successors'or assigns,shall in all ibings stand to and zbide by, and well and truly keep.and perform the covenants, conditions and provisions in the said ag-eet3 mt and any alteration thereof ma ii.as therein provided, osis or its part,to'be Kept and performed at the time and in the manner therein specified, and'IT),aH.respects according to their true int nt al d meaning. and shall indemnify and save harmless the County of Centra Costa(or city asssigaef:),its officers,agents and employees,as therein stipulated,theca this obligation shall become. null and void, otherwise' it shall be and remain in fall force and effect. As part of the obligation secured hereby and in-addition to the face amount specified therefore,thea shall be included costs and reasonable cxpmses and fees, including reasonable attorney's fees, incurred.by County (or city assignee) in successfully enforcing such obligation., all to be taxed as casts and included in any judgement rendered: B. The condition of this obligation as to Section 2.(B) above is such that said Principal and tlw undersigned as corporate surety are held firmly boated unto the County of Contra Costa and all contractors,s'bcontractors laborers,materialmen anal other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or.for amounts due under the Unemployment Tnsuxance Act with respect'to such work or labor, that said surety willpay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon ibis bond.will pay,,iia addition to then fact amount'awe0f, costs and reasonable expenses and fees, including reasonable attorney's fees,_ incurred by County(or city assig' ce)in successfully enforcing such obligation, to be awarded and . fixed by the court, and to be taxed as costs aced to be included in the judgement therein rendered, It is hereby expressly stipulated and agreed-that this bond shall inure to the benefit of any'and all Persons,eornpanies and corporations entitled to We claims wider Title 15(Commencing with Section 082)o f Part 4 ofDivision 3 of the Civil Code,;so as to give'a rightof action'to them or their assigns in ariy,suit brought upon ibis bond, Should,the condition iofthis bond be fully performed then this obligation shall be ne null,and'void, oche nAdst it shall be and remain mi full force and effect. C. Nes alteration ref said subdivision agreement or any plan or specification,of said work agreed to by the Mucipal arid the County shall relieve any Surety from liability on this band;and.consent is hereby given to make such alteration w1it tout further notice-to or consent by Surety;and the Surety hereby, waives the provitions,of California,Civil Code Sectaan 2819,'azrd holds itself bound without regard to:and independently of any action against.Principal whenever taken., Sig-PM- ,�*SEALED on August 17, 2005 Liberty Mutual Insurance PRINCIPAL: KB HOME South Bay Inc. . SUNY: Company Address: 6700 Koll Center Parkway, #200, , Address: 505 S. ''Main Street; #830 ' City: Plc t Zip:. '94566Cary: Orange; Zip: 92868 By: By: AA e Print Name: Print N` Joyce Herrin Title:: .'V'r Title: Attorney--in-Fact � vsstsnzrr�as, arwoaM-12a.a State of California County of Las Angeles On August 17, 2005 before me, Clarice Lee, Notary Public, personally appeared Joyce Herrin, personally known to me to be the;persons)whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity(ies), and that by his/her 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. CLA ICE L 14 9447 „i ,v ,'tAi Y"JBlti .CRt.IF(3RFfiR t!1 ° LOS ANGELES COUNTY + My Comm.Expires June 11,;2008 T Clarice CALIFORNIA ,ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 14 On Af. AQQ5before' me, .� G tt . Grate Name and'nt€e of officer(e.g.,Jane Doe,Notary Pub€ie) personally appeared tt + ZiS, .- Name(s)of Signer(s) ersonally known to me ❑ proved to me can the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed oq��4PMhli�c y 106WOP to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 1fJcin #. 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; Pace Notary Seal Above Signature of Notary Public OPTIONAL, Though the Information below is not required by law,-it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Darument Title or Type of Document: i! ! /2 Document Date: i' t Number of Pages: Signer(s)Other Than Named Above: Capacity{ies)Claimed by Signer(s) Signer's"Name: Signer's Name: Individual ❑ Individual Corporate Officer-Title(s): ❑ Corporate Officer--Title(s): El Partner--❑ Limited ❑General MEMIMM= ❑ 'Partner—❑ Limited D General ❑ Attorme in Fact ❑ Atiorne in Fact ` AN lr Top of thumb here Top of thumb here Trustee ❑ Trustee' Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ tither: Signer Is Representing Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.;PO.Box 2402+Chatsworth,CA 91313-2402 Item No.$907 Reorder:Call Toll-Free 1.800-876-6827 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1791869!91869 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the mariner and to the extent herein stated. LIBERTY MUTUAL.INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY' KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company ;(the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-taw and Authorization hereinafter set forth,does hereby name,constitute and appoint E.B.ALBRECHT,JR.,C.K.NAKAMURA,LISA L.THORNTON,MARIA PENA,MARINATAPIA,EDWARD C.SPECTOR, ICC►CONRAD,JOYCE HERRIN,MICHAEL R MAYBERRY,ALL OFTHE CITY OF LOS ANGELES,STATE CALIFORNIA each Individually�If+there be more Mthan�one,named,its true•and lawful.attomey-in-fact ito make,{execute,Mseat,iacknowledge and ideliver,for tand;on•its behalf as sure 1 and as its act and deed,ani and all undertakings,bonds, recognizances and other surety obliggations in the penal sum not exceeding ONE HUMOR L1 MIWON AND-Vo/'t 00 ****************** DOLLARS(S QOt000.000.00***** _ ___)each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as If they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and;by authority of the following By-law and Authorization: ARTICLE Xlli-Execution of Contracts:Stiction 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-intact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings; bonds, recognizances and other surety obligations, Such V attomeys4ri-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Companyby their 0 signature and execution of any such instruments and to attach;thereto the seal of the Company, When so executed such instruments shall be 4) as binding as If signed by the president and attested by the secretary. ris ' W ,may By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: L Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attomeys-infact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. f- 0 4) That the By-law and the Authorization,set forth above are true copies thereof and are now In full force and effect. r o 4 > IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seat of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this art! day of August QS C ole O LD '1 LIBERTY MUTUAL INSURANCE COMPANY B /y h p /may Garnet W.Elliott,Assistant Secretary +±r ,. COMMONWEALTH OF PENNSYLVANIA ss ... � COUNTY OF MONTGOMERY G � 'C On this 3rd day of August 2905 ,before me,a Notary Public, personally came Garnet t W.Elliott,to me known,and acknowledged G — that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above :$ Power of Attorney and affixed the corporate seat of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation, yr IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at,Plymouth Meeting,Pennsylvania,on the day and year 4r-)�< — c) first above written. CiI ..,C aCt ��+ C t4SALTH AF PENNSYLVANIA � Ca 5 s AsaP co Z f3F 7 NOWYPvA By Co TerNotary'Pubilc 0 CERTIFICATE V4t� ar.kiey4rriniAsaac�zianaiNwrdue IO ' 1,the undersigned,Asslstant ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual insurance Company. This certificate and the strove power of attorney may be signed by facsimile or mechanically"reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 1?th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secrotary of the company, torherever appearing upon a certified copy of any power of attorney Issued by the company in connection with surety bonds:;shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TEStTItMONY WHEREOF,lhava hereunto subscribed my name and affixed the corporate seal of the said company,this 17th—Augday of ft Jay yQ A» Da4Mrey. Secretary. Liberty Mutual Surety Bond Number 024022745 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for;surety>>bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance +Company, LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS' INSURANCE OF WAUSAU' A Mutual Company"); Peerless Insurance Company; and any other company that Is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Mutual Surety(referred to collectively hereinafter as the"Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties'. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for"acts of terrorism"as defined In Section 'lug(l)of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM' LOSSES The United States will reimburse the Issuing Sureties for ninety percent(90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539- 11/15/04 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code;§66462 and§66463) Subdivision: 13,e4o, (otrt: �ar Effective date: f Icz s"be, ""P-t,- -r Subdivider: f<15 i4O M I, 5WT44 BACompletion Period: 2 years THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT'HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M.Shiu,Public Works Director Pe4E #Z-F—S, By: rr (signature) (print name&title) RECOMMENDED FOR APPROVAL: { . ,e By:,, 40 (signature)... Engineering Services ifivision (print name&title) FORM APPROVED: 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§313.) 1. PARTIES&DATE. Effective on the above date,the Clty of County of Contra Costa,California,hereinafter called"Gout) "and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision 2. iMPROVEMENTS. Subdivider 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). Subdivider 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 ofthe County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Cade§66499,and the County Ordinance Code,provide as security to the County: ap- A. For Performance and Guarantee: $ 14 / 3 ` ' cash,plus additional security,in the amount of $ which together total one hundred percent(1'00%)of the estimated cost of the work. Such additional tecurity 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 Subdivider guarantees performance underthis 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 of$ }6PG� which isfrltypercent(50%)oftheestimated cost of the work. Such seicurity,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,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to there or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced'in accordance with§94-4.406 and§94-4.408 of the Ordinance Code, 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,„Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work: system. ,The guarantee period,does not apply to road improvements for private roads which are not to be accepted into the County road 5. PLANT ESTABLISHMENT WORK. Subdivider 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-year from and after the Board of Supervisors accepts the work as complete, At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider 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 anytime before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement pians prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider 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 hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are 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 orthreatened 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 su€t(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider, 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 Indemnitee has prepared,supplied,or approved any pian(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 resultedpartly form any negligent orwillful misconduct of any Indemnity. 9. COSTS: ;Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities' required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: if Subdivider fails to complete the work within the time specified°in this Agreement, and subsequent extensions, or fails to maintain the work, theCounty may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider 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. Subdivider hereby consents to entry on the subdivision 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,Subdivider agrees to pay all costs incurred bythe County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection'therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city oris annexed to an existing city,the County's rights underthis agreement and/or any deposit,bond,or letter of creditsecuring said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider, who shall fulfill all the terms of this agreement as though Subdivider had contracted with thecityoriginally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. ;kwdap G:\GrpData\EngSvc\Forms\AG WORMAG-30A.doc Rev,May 19,2041 : .3 auuu: :Ht3 .33 a= :.....!;...;: ....... N...... .H..... 3N:..... 33X ... ....31 xx.. .r..0..rrr::! 3...... ...33...•..ESE:�E:]3E e:ta:3::::e'e e' :... e:xe'.: .:ae rvy;a :: a--a.::.: :. :.:.. ..... ...::. .«.. ...: ...... «... ..... .... ...............�......................,....I.............IE..........I XP.....I I....1X1.....0......13....3......3:1....3hf....IE.....3 X....IIE.....lh3......1..r.:l a....Ei.....iu....h::....:rte....r.e:....: ... ..... ... ... r.. .. .. .......... .... .. __._ ..... ... .... .,:. EN .... .. .. .. .. .... 3. 3 3...:. 3! 1 Nf...31 E !. .! .i,E. Nh.:3tM:. 1!IE XPe,...:393 3HN3.aa.8NlY O N.a..3NlF XqP•.u'A,XE'u NP "NIP:.'OhH .:Nil: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Zaamm State of California ss. County cif a m e On before me, vs Date, Name and TWe of Officer(e.g.,"Jane Doe,Notary Public% personally appeared /Vi rtS Bede/ Name(s)of Signar(s) ersonally known to me El proved to me on the basis of satisfactory evidence r6.�..1►i+ii. to be the person(s)whose name(s) is/are subscribed " to the within instrument and acknowledged to me that cones lid 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. Place Notary Seal Above iva 5�k $ nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Descriot1w of Attached Document Title or Type o cement: Document Date: Number of Pages: Signer(s) Other Named Above: Capacity(les) Claimed by Signer{s) Signer's Name: Signer's Name: Individual Individual 0 Corporate Officer--Title(s): ❑ rporate Officer—Title(s): ❑ Partner--El Limited ❑ General ❑ Part —01 Limited'❑General 0 Attorney in Fact Top of thumb here ❑ Attorney i act Top of thumb here El Trustee C7 Trustee L Guardian or Conservator ❑ Guardian or Gonse or [3 Other: 1 Other: Signer Is Representing: Signer Is Representing:;, 0 2004 National Notary Aasociatron*9360 Cie Soto Ave.,P.O.Box 2402=Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-87,5-6827 II 1 TRA#i SAM 4 j November 9,2404 I TO. JanePoison-South Bay CC Com-ie Fontana Phil Maloof Ross Ka FROM. Dawnrporate Paralegal Phone: 10'I 14127 Fax: 31P/2314280 f 1 RE: KB HO"u Bay Inc.-Signing Authority Resolutions COMMENTS: Per Drew Kusniick's request,attached for-your records is a Certificate of Secretary certifying the signing authority for certain officers and non-officers on behalf of KB HOME South Bay. This certificate includes signing authority for Michelle Adams,the new escrow manager. Also attached is an updated list of officers and non-officers (with signing authority) for the South Bay Division. If you have any questions, please do not hesitate to contact me. ACTION: ' Per your request For your records Please review and°:comment Please;.execute and return See Comments SENT VIA: Q Federal Express Interoffice Messenger U.S.Mail Facsimile Hand Delivery 1{777V wnsHmE BOULEVARD,SUITE 700,LOS ANGELES,1..17.90024 KB HOME SOUTH BAY INC.,'a California corporation Directors: Robert Freedom Albert Z.Praw** Officers: Drew Kusnick* President Robert Freed*- Executive Vice President Chris Reder* Senior Vice President,Finance and CFD P.A. Dent,III Senior Vice President Kelly.Allred** Vice President and Treasurer Marc Burnstein* Vice President,Sales&Marketing Domenico Cecere** Vice President Joseph J.Greorich* Vice President,Operations and Assistant Secretary William R.Hollinger** Vice President and CFO ,Jeffrey McMullen* Vice President,Land Acquisition and Planning Paul Medeiros* Vice President,Land Development Ray Paanek* Vice President,Forward Planning Albert Z.Prawv** Vice President Veronica Roberson* Vice President,Merchandising and Product positioning Kimberly King** Secretary Cory F.Cohen' Assistant Secretary Ross A.Kay** Assistant Secretary Phil Malouf* Assistant Secretary Barton P.Pachno"`* Assistant Secretary David B.Simons*** Assistant Secretary Non-Officer--Specific,Limited Signing Authority: Michelle Adams* Escrow Manager Jennifer Baker* Director of Sales Trish O'Connell* Director of,ales Addresses for those listed above: * KB HOME South Bay Inc, 6700 Koil Center Parkway,Suite 200,Pleasanton,CA 94566= ** KB HOME(Corporate Office) 10990 Wilshire Blvd,,5th-8th Floors,Los Angeles,California 90024 *** KB HOME(Walnut Creek Office) 1333 North California Boulevard,Suite 450,Walnut Creek,CA 94596 r Certificate of Secretary L Kimberly N.King,do hereby certify that Iam tie duly elected,qualified and acting Secretary of KB HOME South Bay Inc.,a California corporation(this"Corporation"). I further certify that the resolutions attached hereto as Extdbit'W are-a true and complete representation of such resolutions duly adopted by the unanimous written consent of the Board of Pire zs of this Corporation as of November 1,2004,October 1,2004,September 13,2004,February 15,2004,July 1,2003,March 10,2003,December 21,2000,May 25 2000, August 25,1999,June 16,1998 and December 6,1995,respectively and that such resolutions have not been amended,modified or rescinded and remain in full farce and effect as of the date hereof. IN Wn`NES5 WHEREOF,I have hereunto set my hand this 3rd day of November,2004: 4J c ly N.KhIg Secre EXHIBIT„A„ 1, KB DOME SOUTH BAY INC. li RESOLUTIONS ADOPTED BY THE BOARD,OF DIRECTORS . it it [Adapted as of November 1.,20041 BE IT RESOLVED,that Michelle Adams,Escrow Manager of this Corporation,acting alone on behalf and in the name of this Corporation,be and. she hereby is authorized and empowered to execute,acknowledge and deliver any and all documents deemed by her to be necessary or appropriate in connection with (a)the sale of residential dwellings developed by this Corporation,including,but not limited to,any and all documents required by''fir the Department of Housing and.Urban Development,and other documents and instruments appropriate to cause this Corporation to transfer and convey such real property and related assets,except general warranty:.deeds,in which case she is authorized to sign_together with any other manager,director or other officer of this Corporation;and'(b) any and all other documents or agreements deemed necessary or appropriate in connection with this Corporation's ordinary course day-to-day business operations and within the general intent of the foregoing resolutions. [Adopted as of October 1,2004[ RESOLVED . . .,that Paul Medeiros,Vice President,Land Development be,and he hereby is,authorized and empowered to execute,acknowledge and deliver any and all documents deemed by him to be necessary or appropriate in connection with(a)the sale of residential lots by this Corporation including,but not limited to,purchase and sale agreements,contract change addendums,. escrow instructions,amendments and assignments thereto,warranty deeds and owners affidavits; (b)this Corporation's land improvement and development activities including but not limited to,subdivision'improvement agreements, builder's certification of plans,specifications and site plaits,easements, development agreements,declarations of covenants,conditions and restrictions, notices of commencement,permit applications,subdivision and tract maps and exhibits thereto,and supporting:documents;(c)this Corporation's land improvement and construction activities including but not limited to purchase orders and subcontracts for labor and materials; (d)any and all applications or other filings required to be filed with the Department of Real Estate of the State of California;(e)any and all documents necessary to qualify for government or quasi- government-sponsored loam programs including,but not limited to,buyer and seller certifications;and (f)any and all other documents or agreements deemed necessary or appropriate in connection with this Corporation's ordinary course day-to-day business;operations and within the general intent of the foregoing resolutions, RESOLVED FURTHER,that,any and all documents executed and acts taken by Mr.Medeiros since at least March 22,2002 and which documents are substantially within the scope of the signing authority afforded'to him above,be and they hereby are ratified,confirmed and approved. 2 T-XT—Ant%T(Q OMP Cnvth Rav\rRPT All Anr {{ [Adopted as of September 13,2004 . . .RESC?i.4WD,that Jernifer Balser,Director of.Sales of this Corporation, acting alone on behalf and in the name of this Corpbiation,be and she hereby is authorized and empowered to execute,acknowledge and deliver any and all documents deemed by her to be necessary or appropriate in connection with(a) the sale of residen�al,dwellings developed by this Corporation,including,but not limited to,any and all documents required by the Department of Housing and Urban Development,and other documents and instruments appropriate to cause thi$Qo;poration to transfer and convey such real property and related assets,except feral warranty deeds,in which case she is authorized to sign together with any other manager,director or other officer of this Corporation, and(b)any and all other documents or agreements deemed necessary or appropriate,in connection with this Corporation's ordinary course'day-today business operations and within the general intent of the foregoing resolutions. [Adopted as of Februa15,2004] RESOLVED. , ,that P.A. Dent,ill,Senior Vice President,be and he hereby is,authorized and empowered to execute,acknowledge and deliver (a)aging alone(but only in the event the then incumbent President is unavailable to so act)with respect to any and all documents deemed by necessary or appropriate in connection with the acquisition and disposition of real property by, this Corporation including,but not limited to,grant deeds,landcontracts, assignments,escrow instructions and other ancillary agreements; (b)acting alone,,with respect to any and all documents deemed by him necessary'or appropriate in connection with the development, construction and/or improvement of real property including,but not limited to any aria all subdivision agreements,final reaps,right-of-way agreements and performance bonds required by a governmental or quasi-governmental agency or municipality as security; (c)acting alone,with respect to any and all documents deemed by him necessary or appropriate in connection with any and all applications or other filings required to be filed with the Department of Real Estate of the State of California; (d)acting alone,with respect to any and all documents deemed by him necessary or appropriate to qualify for government or quasi-government=sponsored loan programs including,but not limited to,buyer and seller certifications and (e)acting alone,with respect to any and all other documents or agreements deemed necessary or appropriate in connection,with.this Corporation's ordinary course day-to-day business operations and within the general intent of the foregoing resolutions; 3 j:\Lepi\DLWB HONE South BaY CERT AII.doc i RESOLVED FURTHER,that the following resolutions shall,effective as, of the date hereof,supersede and replace any and all resolutions previously adapted with respect to the powers and authority herein granted including,but not limited to resolutions adopted as of July 23,2001,and any such prier authority is hereby revoked and restated in its entirety as follows: RESOLVET,`►'FLIRTHER,'that Jeffrey McMullen,Vice President,Land .Acquisition and Ray Panek,Vice President,''Forward Planning,of this, Corporation,be and they hereby are,authorized and empowered, to exeeute4, acknowledgeand deliver (a)acting together with each other,or with any then incumbent Executive Vice President or Senior Vice President of this Corporation(but only in the event the then incumbent President is unavailable to so act)with respect to any and all documents deemed by them' necessary or appropriate in connection with the acquisition and disposition of real property by this Corporation including,but not limited to, grant deeds,land contracts,assignments,escrow instructions and other ancillary agreements;(b)acting alone,with respect to any and all documents'deemed' by them necessary or appropriate in connection with the development, construction and/or improvement of real property including,but not limited to any and all subdivision agreements,final maps,right-of-way agreements and performance bands required by a governmental or quasi-governmental agency or municipality as security; (c)'acting alone,with respect to any and all documents deemed by them necessary or appropriate in connection with any and all applications or other filings required to be filed with the Department of Real Estate of the State of California; (d)acting alone,with respect to any and all documents deemed by them necessary or appropriate to qualify for goverment or quasi government-sponsored loan programs including,but not limited'to,buyer and seller certifications;and (e) acting alone,with respect to any and all other documents or agreements deemed necessary or appropriate in connection with this Corporation's ordinary course day-today business operations and within the general intent of the foregoing resolutions. [Adopted as of July 1,2003] RESOLVED FURTHER,that Marc Buirnstein,Vice President,Sales and Marketing of this Corporation,acting alone in the name of and on behalf of this Corporation,be and he hereby is authorized and empowered to execute, acknowledge and deliver (a) any,and all documents deemed by him to be necessary or appropriate in connection with the sale of residential lots by this Corporation including,but not limited to,purchase and sale agreements, contract change addendums,agreements with independent contractor sales agents,escrow'instructions, amendments and assignments thereto and general warranty deeds; (b) any and all documents deemed by him to be necessary or appropriate in connection with this Corporation's sales and marketing activities, including but not limited to vender agreements,independent contractor sales agreements and supporting documents;and(c) offers of employment with this 4' 1Ai,eAaI\DL\KB HOME South Bav10ERT All.doc M# Corporation for sales personnel;and(d) any and'all'other documents or agreements deemed necessary or appropriate in connection,with this Corporation's ordinary cou:rse'day-tr -clay business operations and within the general intent of the foregoing resolutions. " RESOLVED FURTHER,that Trish O'Connell,Director of Sales of this Corporation,acting alone on behalf and in the name of this Corporation,be and she hereby is authorized and empowered'to execute,acknowledge and deliver any and all documents deemed by her to be necessary or appropriate in connection with (a)the sale of residential dwellings developed by this Corporation,including,but not limited to,any and all documents required by the Department of Housing and Urban Development,and other documents and instruments appropriate to cause this Corporation to transfer and convey such real property and related assets,except general warranty deeds,in which case she is authorized to sign together with any other manager,director or other officer of this Corporation;and(b)any and all other documents or agreements deemerd necessary or appropriate in connection with this Corporation`s ordinary course i ayAo;-clay business operations and within they general intent of the foregoing resolutions. [Adopted as of March 10,2003 RESOLVED FURTHER,thaf each of Messrs.Freed and Kusnick acting alone,be and they are hereby authorized and empowered to execute, acknowledge and deliver(a) any and all documents deemed by him to be necessary or appropriate in connectionwith the acquisition and/or disposition of bulk parcels of real property by this Company,including,but not limited to, land purchase and sale agreements,amendments,assignments,escrow instructions,grant deeds,promissory motes,deeds of trust and related documents; (b) any and all documents deemed by hire to be necessary or appropriate in connection with the saleof residential lots by this Company including,but not limited to,purchase and We agreements,contract change addendums,escrow instructions,amendments and assignments'thereto, warranty deeds and owners affidavits; (c) any and all documents deemed by him to be necessary or appropriate in connection with this Company's;land> improvement and development activities including but not limited to subdivision improvement agreements,builder's certification of plans, specifications and site plans,easements, development agreements,declarations of covenants,conditions and restrictions,notices of commencement,permit applications,subdivision and tract maps and exhibits thereto,and supporting documents; (d) any and all documents deemed by him to be necessary or appropriate in connection with this Company's land improvement and construction activities including but not limited to purchase orders and subcontracts for labor and materials;(e) any and all applications or other filings required to be filed with the Department of Real Estate of the State of California; (f)any and alll documents necessary to qualify.for government or quasi- government-sponsored loan programs including,but not limited to,buyer and seller certifications (g)lease'agreements and any and all documents in connection therewith;(h) any and alloffers of employment with this Company; (i) documents establishing bank accounts,financing arrangements'and other 5 1ALemADLT,B HOME South Bav10ERT All.doc 1i ordinary course banking and financial arrangem`+nts;and (j)any and all other documents or agreements-deemed necessary or appropriate in connection with this Company's ordinary course day-today business operations and within the general intent of the foregoing resolutions; RESOLVED FURTHER, that, any and all documents executed and acts taken by Mr. Freed since the date set forth above and which documents;,are substantially within the scope of the signing authority afforded to him above,be and they hereby are ratified,confirmed and approved. [Adopted as of July 23,"2001] [Title change effective April 1,20021 RESOLVED FURTHER,that Jeffrey McMullen and Ray Panek . [Vice President,Laud Acquisition and Planning and.Vice President,Forward Planning,respectively]of this Corporation,be and they hereby are,authorized and empowered,to execute,acknowledge and deliver(a)acting together with each other or;with any then incumbent Executive Vice President or Senior Vice President cf,this Corporation,any and all documents deemed by them necessary or appropriate in connection with the acquisition and disposition of real property by this Corporation including,but not limited to,grant deeds,land contracts,assignments,escrow instructions and other ancillary agreements;(b) the development,construction and/or improvement of real property including,, but not limited to arty andall subdivision agreements,final maps,right-of-way agreements and performance bonds required by a governmental or quasi- governmental agency or municipality as security;(c)any and all applications or other filings required to be filed with the Department of Real Estate of the State of California;(d)any and all documents necessary to qualify for government or quasi-government-sponsored loan programs including,but not limited to,buyer and seller certifications,and(e)any and all other documents or agreements deemed'necessary or appropriate in connection with.this Corporation;s ordinary course day-to-day business operations and within the general intent of the foregoing resolutions. [Adopted as of December 21,20001'[Title change effective July 1,20031' RESOLVED FURTHER,that Veronica:Roberson,Vice President,. . , [Merchandising and Product Positioning] of this Corporation,acting alone,be and she is hereby authorized to execute'and deliver documents with respect to the sales and marketing of residential dwellings owned by this Corporation including,but not limited to,grant deeds,notices of completion,sales agreements,escrow instructions,holdback agreements and termite inspection certificates. [Adopted as of May 25,20001 RESOLVED FURTHER,that Chris Reder,Senior Vice President,Finance of this Corporation (acting alone,an"Authorized Officer"),be and he is hereby authorized and empowered to execute and deliver on behalf of this Corporation any and all documents deemed necessary or appropriate in connection with (a) the acquisition and disposition of real property by this Corporation including, 6 1:1Leea]\DL\KB HOME"South Bev\CERT AIIAOC f k t but not limited to,grant deeds,land contracts,assigmnents,escrow instructions and other ancillary agreements;(b)the development,construction and/or improvement of real property including,but not limited to any and all subdivision agreements,final maps,right-of-way agreements and performance bonds required by a governmental or quasi-governmental agency or municipalityas security;(c) any and all applications or Cather filings required to be filed with the Department of Veal Estate of the State,of California;and(d)any and all documents necessary to qualify for government or quasi-government' sponsored loan programs:including,but not limited to,buyer and seller 'k , certifications [Adopted as of August 25,19991 a .. .RESOLVED,that Kimberly N.Ding,Secretary of this Corporation, acting alone,be and she is hereby authorized and empowered to execute and deliver on behalf of this Corporation any and all documents necessary to change the escrow agent in connection with this Corporation's applications and any other supporting documents.required to be filed with the Department of Real Estate of the State of California in order to obtain a preliminary and final public report for property developed by this Corporation; [Adopted as of June 16,19981 RESOLVED FURTHER,that Joseph J.Gregorch,Vice President, Operations,and Chris Reder,Controller of this Corporation(each'officer acting alone,an"Authorized Officer"),be and they are hereby authorized and empowered to execute and deliver on behalf of this Corporation any and all documents deemed necessary or appropriate with respect to the development, construction and/or improvement of real property including,but not limited to any and all subdivision agreements,final reaps,right-of-way agreements and performance bonds required by a governmental or quasi.-governmental agency or municipality as security; [Adopted as of December 6,1995] CaliforniaRennaisance . ..RESOLVED,that the following officers,acting alone on behalf of this Corporation,be,and each of them hereby is,authorized and empowered to execute and deliver on behalf of this Corporation various documents relating to the development of property owned by this Corporation,more particularly described as Tract No.8679 in the City of San Jose and commonly known as "California Renaissance H",including,but not limited to,any and all subdivision improvement agreements and associated bonds required by a governmental or quasi-governmental agency'or municipality: Joseph J.Gregorich 7 t•\r.maknr cuR T4nMF.Snuch Bav\CERT AILdne