HomeMy WebLinkAboutMINUTES - 01062009 - C.10 i
TO: BOARD OF SUPERVISORS se: Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa
n.
DATE: JANUARY 6, 2009 !, '-�-.�AY'4��
s>A COUn� County
SUBJECT: Accepting completion of right-of-way landscape improvements and approving. the second
extension of the Subdivision Agreement (Right-of-Way Landscaping), SD 03-08755, as
recommended by the Public Works Director, North Richmond area. (District I)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2009/_ for SD 03-08755, accepting completion of landscape improvements and
approving the second extension of the Subdivision Agreement (Right-of-Way Landscaping), for project being
developed by KB Home South Bay, Inc., as recommended by the Public Works Director, North Richmond area.
(District 1)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer has completed the landscape improvements per the Subdivision Agreement (Right-of-Way
Landscaping) and in accordance with Title 9 of the County Ordinance Code; the Subdivision Agreement should
be extended for the warranty period.
CONSEQUENCES OF NEGATIVE ACTION:
The completion of the landscape improvements will not be accepted, the warranty period will not begin, and the
Subdivision Agreement(Right-of-Way Landscaping) will not be extended.
Continued on Attachment: SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR
_XCOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON O APPROVED AVRECOMMENDED OTHER
VO E OF SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENTcopy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
G:\EngSvc\BO\2009\01-06\SD 03-08755 BO-45 ROWL.docx
Originator: Public Works(ES) J
Contact: Jocelyn LaRocque(313-2315) ATTESTED: �O;�
Recording to be completed by Clerk of the Board
cc: Public Works -Construction Division DAVID TW Jerk of the and of
-P.Edwards Engineering Services Supervisors and County Administrator
-T.—December 6,2009
KB I Ionic South Bay Inc.
6700 Koll Center Parkway,Suite 200
Pleasanton,CA 94566
Liberty Mutual Insurance Company By , eputy
505 South Main Street,No.830
Orange,CA 92868
Attn:Joyce Herrin
CONTRA COSTA Co Recorder Office
STEPHEN L, WEIR, Clerk-Recorder
Recorded at the request of: DOC— 2009-0002070-00
Contra Costa Conary
Board of Supervisors Wednesday, JAN 07, 2009 08:31:35
Return to: FRE $0.001 1
Public Works Department Ttl Pd $0,00 Nbr-0000002661
Engineering Services Division r r C/R9/1—17
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 6, 2009 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION N 0. 2009/
SUBJECT: Accepting completion of right-of-way landscape improvements and approving the
second extension of the Subdivision Agreement (Right-of-Way Landscaping), SD
03-08755, project being developed by KB Home South Bay, Inc. as recommended
by the Public Works Director, North Richmond area. (District I)
These landscape improvements are approximately located near Gertrude Avenue at
Richmond Parkway.
The Public Works Director has notified this Board that the landscape improvements in
Subdivision 03-08755 have been completed as provided in the Subdivision Agreement (Right-of-
Way Landscaping) with KB Home South Bay, Inc., heretofore approved by this Board.
G:\EngSvc\BO\2009\01-06\SD 03-08755 BO-45 ROWL.docx
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Jocelyn LaRocque(313-2315) action taken and entered on the minutes of the Board of
Recording to be completed by Clerk of the Board
cc: Public Works -Construction Division Supervisors On the date Shown,
-P.Edwards Engineering Services
-T.—December 6,2009
KB Home South Bay Inc. ATTESTED: Vic Z" 'f
6700 Kell Center Parkway,Suite 200 DAVID TWA, Jerk of the Jfoard of upervisors and
Pleasanton,CA 94566
Liberty Mutual Insurance Company County Administrator
505 South Main Street,No.830
Orange,CA 92868
Attn:Joyce Herrin
By Deputy
RESOLUTION NO.2009/
SUBJECT: Accepting completion of right of way landscape improvements and approving the
second extension of the Subdivision Agreement (Right-of-Way Landscaping), SD
03-08755, as recommended by the Public Works Director, North Richmond area.
(District I)
DATE: January 6, 2009
PAGE: 2
The Public Works Director having recommended that she be authorized to execute the
second agreement extension which extends the Subdivision Agreement (Right-of-Way
Landscaping) between KB Home South Bay, Inc., and the County for construction of certain
landscape improvements in Subdivision 03-08755, in the North Richmond area, through
September 13, 2009;
♦ REASON FOR EXTENSION: The Subdivision Agreement (Right-of-Way Landscaping)
needs to be current during the required warranty period.
NOW THEREFORE BE IT RESOLVED that the landscape improvements have been
COMPLETED as of January 6, 2009, thereby establishing the six-month terminal period for the
filing of liens in case of action under said Subdivision Agreement (Right-of-Way Landscaping):
DATE OF AGREEMENT NAME OF BANK/SURETY
September 13, 2005 Liberty Mutual Insurance Company
BE IT FURTHER RESOLVED that the payment (labor and materials) surety for
$216,850.00, Bond No. 024022745 issued by the above surety be RETAINED for the six month
lien guarantee period until July 6, 2009, at which time the Clerk of the Board is AUTHORIZED
to release the surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the $4,337.00 cash deposit (Auditor's Deposit Permit No. 450092, dated August
23,2005) made by KB Home South Bay, Inc., and the performance/maintenance surety rider for
$61,000.00, Bond No. 024022745 and issued by Liberty Mutual Insurance Company be
RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until
release by this Board.
BE IT FURTHER RESOLVED that the recommendation of the Public Works Director to
extend the Subdivision Agreement (Right-of-Way Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2009/4
CONTRA COSTA COUNTY
SUBDIVISION (Right of Way Landscaping)AGREEMENT EXTENSION
Development Number: Subdivision 03-08755
Developer: KB Home South Bay
Original Agreement Date: September 13,1005
Second Extension New Termination Date: September 13,2009
Improvement Security
SURETY: Liberty Mutual Insurance Company
BOND NUMBER NO.(Date): 024022745(August 17,2005)
and Rider
Security Type Security Amount
Cash: - $4,337.00(1%cash,$1,000 Min.)
BOND: $61,000.00(Performance)
$216,815.00 (Labor&Material)
The Developerand the Surety desire this Agreementto be extended through the abovedate;and Contra Costa County
and said Surety hereby agree thereto aid acknowledge.same.
Dated: C:k l/1(A 61 Dated: December 8, 2008
�7r
KB HOME South Bay.Inc.
FOR ONTRA COSTA COUNTY " Develop k
Julia R. ueren,Public Works Director
�� ► -/'
y; Printed
Developer's Si�ature(s)
RECOMMENDED FOR APPROVAL:
By: Printed
(E Bering Servic ivision) 6700 Koll Center Parkway, Suite 200,
Address Pleasanton, CA 94566
Liberty Mutual Insurance Company
(NOTA: Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be Notarized) 505 S. Main St., suite 830, Orange, CA 92868
Address
FORM APPROVED: VimrJ.Westtnen,Countycounsel
AR�Anorocut Remm to Clerk of rhe Board AttorneVin F ets Signature
Joyce Herrin, Attorney-in-Fact
G:\EngSv0L=d DvASMSM-8755NROWL Agroemrnt.2nd Extauim.doe Printed
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On December 8, 2008 before me, Tracy Aston, Notary Public,
personally appeared Joyce Herrin , who 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 hi-s/her/their authorized
capacity(ies), and that by hi-s/her/thei signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
TRACY ASTON
Commission # 1739959
Notary Public •California r%
Los Angeles County Tracy Aston
MyCamm.erpYeaw+ar to tot f
2067004
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner 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-law and Authorization hereinafter set forth,does hereby name,constitute and appoint
E.S.ALBRECHT,JR,C;K:NAKAMURA,.LISA L.THORNTON,MARIA PENA,MARINA TAPIA,_EDWARD C.SPECTOR,
KD CONRAD,JOYCE HE.RRIN,MICHAEL R.MAYBERRY,_BRENDA WONG,SIMONE GERHARD,ALL OF THE CITY OF
LOS ANGELES,STATE OF.CALIFORNIA..... ........................................:........ ...... ...........................................
_ .
each individually if there be more than one named, its true and lawful alto mey-in-facttofmake,execute,seal acknowledge and deliver,for and on its .
behalf as surety and as its act aod'deed,anij and all undertakings, bonds, recognizances and othensurety obligations'n the penal sum not exceeding
ONE HUNDRED MILLION.AND 00/100 """•""•«"**`""«" DOLLARS($ 100;000;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
150e president and attested by the secretaryef.the Company in their own proper persons.
Company as if they had been duly s,1gr*q
That this power is made and executed Ipursuant to and by authority of the following By-law and Authorization;
ARTICLE XIII-Execution of Contracts:Section 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 attorneys-in-fact,as may be necessary to actin behalf of the Company to make, A
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'D
y attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their y
10 - signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such.instruments shall be c
as binding as if signed by the president and attested by the secretary. 3
C,y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
d
a c Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby e
to
authorized to appoint such attorneys=in-fact as may be necessary to act in behalf of the Company to make, execute, seal,acknowledge and _ C
o lj deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. O
f—
�.7 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W
M IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Et
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 21 St da of December O
m 006 P Y Y 9, Y Y Q M
v 0
OCO)LIBERTY MUTUAL INSURANCE COMPANY d o
� � R
","u„
0.0
e ip 'r Garnet W. Elliott,Assistant Secretary y o
COMMONWEALTH OF PENNSYLVANIA ss - = y:0
C w COUNTY OF MONTGOMERY O C
r- On this 21 st day of December 2006 , before me, a Notary Public, personally came Garnet W. Elliott,to me known,and acknowledged a0i
0-9 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
£+OF
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
0 M
o �, IN TESTIMONY WH F F .F ave;h- unto subscribed my name and affixed my notarial seal at Plymouth.Meetmg, Pennsylvania,on the day and,year C-e
— u first above written. �ONW
C ' rptA .GGMNtlNw_NbtwWAitH, steal PENNSYLVANIA By rCNI
M
OF Teresa P&=1Aa,NaWyPX1 C C
Z V PlysrzWhTwp.;pion creryCwri -
MyCdrmksSonF a Mar.2B.2WB Ter sa Pastella,NotaryPublic 0 r
CptQ !
,j MFPywiveis Assoowtk@ WNOW"
ERTIFICATE
I, t0
the undersigned,Assistan ecretary of Liberty Mutual Insurance Company do hereby ,certity that the original powerof attorney of which the foregoing
is a full,true and correct copy, is m full force and effect on the'date of this:certificate;and f_do further certify that the officer or official who executed the
said power of attorney is anAssistant Secretary specially authorised by,tm chairman or president to;:appoint attomeys-in-fact as provided in Article
XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above 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 12th day of March,1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever 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 T STIMONNY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this 8th day of
ecember 2008 .
B � /r
Y
\y ' Davi M.Carey,Assjotght Secretary
oatil t'C v' s E a rn t � i b
-: CALIFORNIA ALLY PU.RPOSE;AGKNOWLEDGEMENT ;.
State of California
County of Alameda
On December 9, 2008 before me, Sara L. Robbins,
Notary .Public, personally appeared Ray Panek who proved to me
on thebasis of satisfactory evidence to be the person(s) whose
name(s) is /aye subscribed to . the within instrument and
acknowledged to me that he/sheA4W . executed the same in
his/herAheif authorized capacity(ies), and that by his/hegthe4
signature(s) on the instrument the person(s), or the entity upon
behalf bf-which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. SARA L.ROBBINS
Commission# 1546469
Notary Public-Calitomia
Alameda County
My Comm.Expires Jan 22,2009
oie
Sara L. Robbins c
RIDER
To be attached to and form part of:
Bond Number 024022745
dated 8/17/2005
issued by the Liberty Mutual Insurance Company
in the amount of $ 429,363.00
on behalf of KB HOME South Bay Inc.
(Principal)
and in favor of Contra Costa County
(Obligee)
Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall
be amended as follows:
The Performance Bond Amount shall be amended:
FROM: Four Hundred Twenty Nine Thousand Three Hundred Sixty Three
and NO/000 ($429,363.00)
TO: Sixty One Thousand and NO/000 ($61,000.00)
It is further understood and agreed that all other terms and conditions of this bond shall remain
unchanged.
This Rider is to be Effective this 4th day of November, 2008.
Signed, Sealed &Dated this 11 th day of November, 2008.
KB HOME South BayInc.
(Principal)
By:
Liberty Mutual Insurance Company
(Surety)
By: /fZ/
J ce IYerrin, Attorney-in-Fact _
ACCEPTED BY:
Contra Costa County
By: Date:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On November ii, 2008 before me, Maria Pena, Notary Public,
personally appeared Joyce Herrin, who proved to me on the basis of
satisfactory evidence to be the person(&) 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(ie-s), and that by his/her/them signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
MARIA PENA
� -
Commisslon # 1741334
- Y,. INotary Public - California
Los Angeles County Maria Pena
My Comm.Explres Apr 27,2011
2067003
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER.OF ATTORNEY
KNOW. ALLPERSONSBY THESE PRESENTS: That Liberty Mutual Insurance.Company (the "Company"), a Massachusetts stock insurance
company,.pursuantto and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint
E.S.ALBRECHT,JR.,C.K.NAKAMURA,LISA L.THORNTON,MARIA PENA,MARINA TAPIR;EDWARD C.SPECTOR,
KD CONRAD,JOYCE:HERRIN,MICHAEL R.'MAYBERRY, BRENDA WONG;.SIMONE GERHARD.ALL OFTHE CITY OF
LOS ANGELES;STATE OF CALIFORNIA.... .... ..: .. r ....: ....s :. .......
each individually if there'be more than one named;its true and lawful attorney-in-fact to make,execute,seal acknowledge and deliver,for and on its
behalf as surety and.as its act and deed,:an and 611 undertakings, bonds, recognizances and other surety obliggations in the penal sum not exceeding
ONE HUNDREDIMILLION.AND 00/100 **.****'************ DOLLARS($ 100;000.000.00***'* )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 signed by he president and attested by the ecretary 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 XIII-Execution of Contracts:Section 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 attorneys-in-fact,as maybe necessary to actinbehalf of the Company to make, - R
execute, seal, acknowledge and deliver as surety any and all undertakings, .bonds, recognizances and other surety obligations. Such a
` a) attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their w
Q. signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C
d as binding.as if.signed by the president and attested by the secretary. N
a 7
.:ig,y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
d
a c 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 attorneys-in-fact as may tie necessarylo act in behalf of the Company to make,execute,seal, acknowledge and
°0 3 deliver-as surety any and all undertakings,bonds,:recognizances and other surety obligations: �o O
of y l-
O d That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W
d) j" IN-WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of00
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 21 st clay of December «G
d 2006 a M
C ` LIBERTY MUTUAL INSURANCE COMPANY d t
jam .
CL
e p f.
'Garnet W.Elliott,Assistant Secretary A o
COMMONWEALTH OF PENNSYLVANIA ss
y COUNTY OF MONTGOMERY G
im
'C+% On this 21 St day of December 2006 , before me,a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged w O
O C 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 0 3
ai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. '
O M
v 7. IN TESTIMONY WH F+ unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year t R
- G first above writtentvwe, C .- - ""Go
CbM.APANw@k1.'tTiOF pENid YLVANlA /) N
Terr�§.iPest Ja,NtRsuv Rdalr ,By C Co
C- --. i Piyts utlr,'rvur;eMa vVMryciii O�
yy�9 , Ter sa Pastella,Notary Public u
MemvsiPennsys WW ASSWOWn of 0044.05 T
CERTIFICATE `
1,the undersigned,Assistant ecretaryof.Liberty Mutuai Insurance Company,do hereby certifythat 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 Il,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 attomeys-in-fact as provided in Article
XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney maybe 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 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever 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 TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said ccmpany,this 11th day of
Nnvpmhpr 2008 .
By
t
( i David M.Carey,Ass �t Secretary
���c �C�A{ LIFORNIAA �xL�PURPO,SE�ACKNOWL.EDGEMENTN,� �°
s'';ror .t.x�e� i�kek-'h".t�`�aag.�r"d'L,w�wr aixti�'d.ia,�F`a„Y,.N». '�3g:� ��i?,.j;�'1�-o€w'„3.: u`3��vc;.'i@g'is'�ua'aags�+wAeM.;%�,.,E u`at �.",i":a�•••
State of California
County of Alameda
On November 12, 2008 before me, Sara L. Robbins,
Notary Public, personally appeared Ray Panek who 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/sheAbey executed the same in
his/he them authorized capacity(+es), and 'that by his/Leif
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SARA L.ROBBINS
_ Commission#1546469
a Notary Public-California
t- Alameda County
My Comm.Expires Jan 22,2009
Sara
�L..�-bRobbins
[tiC J
r
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 March 3,2008 and that such resolutions have not
been amended, modified or rescinded and remain in full force and effect as of the date hereof.
IN WITNESS WHEREOF,I have hereunto set my hand this 4`s day of March,2008.
o41:el�ietLu�
Secretary
EXHIBIT"A"
KB HOME SOUTH BAY INC.
RESOLUTIONS ADOPTED BY THE BOARD OF DIRECTORS
AS OF MARCH 3,2008
Signing Authority
BE IT 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
August 15,2007,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
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
Henryk Tay Senior Director,Land Development
Dan Auten Senior Director,Customer Service
Jeff Peterson Senior Director,Purchasing
Michelle Adams Escrow Manager
Michele Suth Director of Studio
Dan Zwicker Manager of Sales
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
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
Patrick Coyle
Jeffrey McMullen
Ray Panek
Chris Reder
Henryk Tay
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
Patrick Coyle
Jeffrey McMullen
Ray Panek
Chris Reder
Marc Burstein
Henryk Tay
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
Patrick Coyle
Jeffrey McMullen
Ray Panek
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Chris Reder
Marc Bumstein
Henryk Tay .
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,and other documents and instruments appropriate to cause this
Corporation to transfer and convey such real property and related assets:
Michelle Adams
Michele Suth
Dan Zwicker
provided further,that the persons in this resolution are authorized to sign grant deeds only
with at least one other person identified immediately above;
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 Bumstein
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
Patrick Coyle
Jeffrey McMullen
Ray Panek
Chris Reder
Marc Bumstein
Henryk Tay
Jeff Peterson
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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
Marc Bumstein
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
Patrick Coyle
Jeffrey McMullen
Ray Panek
Chris Reder
Marc Bumstein
Henryk Tay
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:
Dan Auten
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
Chris Reder
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 Kusnick
Chris Apostolopoulos
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RESOLVED FURTHER,that Drew Kusnick,Chief Executive Officer[Territory
President] and Chris Apostolopoulos,President 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.
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