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Home My WebLink AboutMINUTES - 01152008 - C.3 ` � • TO: BOARD OF SUPERVISORS .:- Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR Costa DATE: January 15, 2008 �� =_ f�� County SrA-cotizi'� SUBJECT: ACCEPT Grant Deed from KB Home South Bay Inc. for Public Park purposes, Subdivision 03- 08755, North Richmond area. (District I) Project No. WL 0078 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ACCEPT Grant Deed dated August 29, 2007 from KB Home South Bay Inc. for property rights required as a condition of approval for the development of Subdivision 03-08755,North Richmond, for use as a public park. DIRECT the Engineering Services Division to have the Grant Deed recorded in the Office of the County Recorder. FINANCIAL IMPACT: No costs involved. REASONS FOR RECOMMENDATIONS AND BACKGROUND: To give the County the necessary property rights for acceptance of a public park. The property rights were obtained as a condition of approval for Subdivision 03-08755. The mitigated negative declaration was posted on December 22, 2003 and was adopted on February 24,2004. CONSEQUENCES OF NEGATIVE ACTION: The improved park facility would remain under private ownershW that would p eclude pub 'c use. A condition of approval for Subdivision 03-08755 would not be satisfied. Continued on Attachment: X SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR _RFCOMMENDATION OF BOARD COMMITTEE _ PPROVE OTHER SIGNATURE(S): ACTION OF BOVO ON �PPROVED AS RECOMMENDED OTHER VOTE qF SUPERRS � UNANIMOUS(ABSENT 07v- AYES: NOES: I hereby certify that this is a true and correct copy of an ABSENT: ABSTAIN: action taken and entered on minutes of the board of LS:vz G:\EngSvc\BO\2008\1-15\BO.A Hofrmutdoc supervisors on the date shown. Orig.Div: Public Works(R/P) Contact Laurie Sucgang(313-2395) cc: CountyAdninistrator ATTESTED: Auditor-Controller P.W.Accounting JOHN CULLE ,Clerk of the rd o Recorder Supervisors and County Administrator G.Huisingh,Engineering Services W.Lai,Engineering Services S.Gospodchikov,Engineering Services L.Sucgang,Engineering Services By ,Deputy L.Cardinet,Engineering Services RECORDED AT THE REQUEST OF: Contra Costa County Board of Supervisors WHEN RECORDED RETURN TO: Public Works Department Engineering Services Division Records Section GRANT DEED - PARK PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KB HOME SOUTH BAY INC.,a California corporation,hereby makes an irrevocable offer of dedication in fee to the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, of that certain real property ("Property")situated in the County of Contra Costa,State of California,described as follows: Parcel B,as shown on the final map of Subdivision 8755,filed for record on September 27, 2005,in Book 483 of Maps at Pages 20 through 31,inclusive,in the Official Records of the County of Contra Costa,State of California. Dated: 8121 1 Orl GRANTOR: KB HOME SOUTH BAY INC., a California corporation By: By: Name: Name: Title: �L*i� Title: 1 STATE OF CALIFORNI ss. COUNTY OF A IQ6�1G� On AU'L)Si- 3 �-U07 , before me, SCi1`. �. tZe 196os , Notary Public, personally appeared Chn'S Ple-de-Y C'�' & e-CLt� Pailek, 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. SARA L.ROBBINS�� Commission# 1546469 amy Notary Public-California i(�Notary Public Aameda County Comm.Expires Jan 22,2009 STATE OF CALIFORNIA ss. COUNTY OF On before me, Notary Public, personally appeared 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. Notary Public 2 Certificate of Secretary I,Tony Richelieu,do hereby certify that I am the 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 Exhibit"A" are a true and complete representation of such resolutions duly adopted by an unanimous written consent of the Board of Directors of this Corporation as of June 28,2007 and that such resolutions have not been amended,modified or rescinded and remain in full force and effect as of the date hereof. IN WTINESS WHEREOF,I have hereunto set my hand this 20th day of July, 2007. 4chelieu Se tary EXHIBIT"A" KB HOME SOUTH BAY INC. RESOLUTIONS ADOPTED BY THE BOARD OF DIRECTORS AS OF JUNE 28,2007 Signing Authority RESOLVED . . .,that the following resolutions shall supersede and replace any and all resolutions previously adopted with respect to the powers and authority herein granted including,but not limited to,resolutions adopted as of December 1,2006,and any such prior authority is hereby revoked and restated in its entirety as follows: RESOLVED FURTHER,that the following officers and/or employees of this Corporation be,and each hereby is,authorized to act on behalf of this Corporation;provided,however,that such authority shall be limited to such authority as may be provided herein below and to other ordinary course of business transactions relating to the operations of this Corporation as indicated hereinbelow: Drew Kusnick Chief Executive Officer [Territory President] Chris Apostolopoulos President P.A. Dent,III Executive Vice President and President,KB HOME South Valley Patrick Coyle Senior Vice President Jeffrey McMullen Senior Vice President Ray Panek Senior Vice President Chris Reder Senior Vice President,Finance and Chief Financial Officer Marc Burnstein Vice President,Sales and Marketing Paul Medeiros Vice President,Land Development Steven M.Schiehe Vice President,Customer Service Michelle Adams Escrow Manager Michele Suth Director of Studio Dan Zwicker Manager of Sales 2 RESOLVED FURTHER,that any of the following persons be,and each hereby is,authorized and empowered on behalf and in the name of this Corporation to execute,acknowledge and deliver any and all documents deemed by such person to be necessary or appropriate in connection with the acquisition and development of real property by this Corporation,including,but not limited to,land purchase and sale agreements,purchase and sale of residential dwellings and lots,amendments,assignments,escrow instructions, grant deeds,promissory notes,deeds of trust,maps,agreements and related documents: Any one of: Drew Kusnick Chris Apostolopoulos P.A.Dent,III Chris Reder Any two of: Patrick Coyle Jeffrey McMullen Ray Panek RESOLVED FURTHER,that any of the following persons, acting alone, be, and each hereby is,authorized and empowered on behalf and in the name of this Corporation to execute, acknowledge and deliver any and all documents deemed by such person necessary or appropriate in connection with this Corporation'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: Drew Kusnick Chris Apostolopoulos P.A.Dent,III Patrick Coyle Jeffrey McMullen Ray Panek Chris Reder Paul Medeiros 3 RESOLVED FURTHER,that any of the following persons, acting alone, be,and each hereby is,authorized and empowered on behalf and in the name of this Corporation to execute,acknowledge and deliver all deeds,notes,deeds of trust,agreements and other documents to convey title to residential dwellings standing in the name of this Corporation: Drew Kusnick Chris Apostolopoulos P.A.Dent,III Patrick Coyle Jeffrey McMullen Ray Panek Chris Reder Marc Burnstein Paul Medeiros RESOLVED FURTHER,that any of the following persons, acting alone, be,and each hereby is,authorized and empowered on behalf and in the name of this Corporation to execute,acknowledge and deliver all contracts (including purchase and sale agreements, amendments,addendums and other ancillary documents forming a part of the contract),escrow instructions and general warranty deeds in connection with the sale of residential dwellings standing in the name of 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: Drew Kusnick Chris Apostolopoulos P.A.Dent,III Patrick Coyle Jeffrey McMullen Ray Panek Chris Reder Marc Burnstein Paul Medeiros RESOLVED FURTHER, that any of the following persons be,and each hereby is,authorized and empowered on behalf and in the name of this Corporation to execute,acknowledge and deliver all notes,deeds of trust, agreements,contracts (including purchase and sale agreements,amendments, addendums and other ancillary documents forming a part of the contract) and escrow instructions in connection with the sale of residential dwellings standing in the name of this Corporation,including,but not limited to, any and all documents required by the Department of Housing and Urban Development, 4 and other documents and instruments appropriate to cause this Corporation to transfer and convey such real property and related assets,except deeds(all of such persons being hereby authorized to sign,execute and deliver deeds for and on behalf of this Corporation,but only if such deed is signed together with other person listed below: Michelle Adams Michele Suth Dan Zwicker RESOLVED FURTHER,that the following person be, and he hereby is, authorized and empowered on behalf and in the name of this Corporation to execute,acknowledge and deliver 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,vendor agreements, independent contractor sales agreements and supporting documents and offers of employment with this Corporation for sales personnel: Marc Burnstein RESOLVED FURTHER,that any of the following persons,acting alone, be,and each hereby is,authorized and empowered on behalf and in the name of this Corporation to execute,acknowledge and deliver any and all master subcontract agreements,material purchase agreements,subcontract work agreements,applications or other filings required to be filed with the Department of Real Estate of California, documents necessary to qualify for government or quasi-government sponsored loan programs including,but not limited to,buyer and seller certifications and related documents with respect to the construction of improvements on real property: Drew Kusnick Chris Apostolopoulos P.A. Dent, III Patrick Coyle Jeffrey McMullen Ray Panek Chris Reder Marc Burnstein Paul Medeiros 5 RESOLVED FURTHER,that any of the following persons, acting alone, be,and each hereby is,authorized and empowered on behalf and in the name of this Corporation to execute,acknowledge and deliver master service agreements and related documents with respect to the marketing,sales and management of real property: Drew Kusnick Chris Apostolopoulos P.A. Dent,III Marc Burnstein RESOLVED FURTHER,that any of the following persons,acting alone, be,and each hereby is,authorized and empowered on behalf and in the name of this Corporation to execute,acknowledge and deliver master consultant agreements, and related documents with respect to development of real property: Drew Kusnick Chris Apostolopoulos P.A.Dent,III Patrick Coyle Jeffrey McMullen Ray Panek Chris Reder Marc Burnstein Paul Medeiros RESOLVED FURTHER, that the following person be,and he hereby is, authorized and empowered on behalf and in the name of this Corporation to execute,acknowledge and deliver any and all documents required in connection with this Corporation's customer service and new home warranty activities and other business operations including,but not limited to,settlement agreements, purchase orders and subcontracts for labor and materials: Steven M.Schielie RESOLVED FURTHER,that any of the following persons,acting alone, be,and each hereby is,authorized and empowered on behalf and in the name of this Corporation to execute,acknowledge and deliver documents establishing bank accounts, financing arrangements and other ordinary course banking and financial arrangements: Drew Kusnick Chris Apostolopoulos P.A.Dent,III Chris Reder 6 RESOLVED FURTHER,that the following persons,acting alone,be, and each hereby is,authorized and empowered to act on behalf of this Corporation in its capacity as a member of any limited liability company or as a partner of any partnership in which this Corporation owns an interest: Drew Ku-snick Chris Apostolopoulos P.A.Dent, III RESOLVED FURTHER,that Drew Kusnick,Chief Executive Officer [Territory President],Chris Apostolopoulos,President and P.A.Dent,III, Executive Vice President and President, KB HOME South Valley of this Corporation be,and each hereby is,authorized,empowered and directed, for and on behalf of this Corporation,to take such further actions and to do all such further things which they may deem necessary and appropriate to accomplish the purpose and to effectuate the intent of the foregoing resolutions with respect to this Corporation. 7 • KB HOME SOUTH BAY INC., a California corporation Directors: William R.Hollinger** Drew Kusnick* Officers: Drew Kusnick* Chief Executive Officer[Territory President] Chris Apostolopoulos* President P.A.Dent,III Executive Vice President and President,KB HOME South Valley Patrick Coyle* Senior Vice President Jeffrey McMullen* Senior Vice President Ray Panek* Senior Vice President Chris Reder* Senior Vice President,Finance and CFO Marc Burnstein* Vice President,Sales&Marketing Domenico Cecere** Vice President William R.Hollinger** Vice President Kelly Masuda* Vice President and Treasurer Paul Medeiros* Vice President,Land Development Steven M.Schielie* Vice President,Customer Service Tony Richelieu** Secretary Cory F.Cohen** Assistant Secretary Ross A.Kay** Assistant Secretary Matt Schenone* Assistant Secretary David B.Simons*** Assistant Secretary Non-Officer--Specific,Limited Signing Authority: Michelle Adams* Escrow Manager Michele Suth* Director of Studio Dan Zwicker* Manager of Sales Addresses for those listed above: KB HOME South Bay Inc. 6700 Koll Center Parkway,Suite 200,Pleasanton,CA 94566 KB Home(Corporate Office) 10990 Wilshire Blvd.,5th-7th Floors,Los Angeles,CA 90024 KB Home(Walnut Creek Office) 1333 North California Boulevard,Suite 450,Walnut Creek,CA 94596