HomeMy Public PortalAbout2002-10-23 Grad Agmt & Bond - KB Home Coastal (Tract 16143)~F
lL .:. O
u~_ ::~. x
c~::~~P
\C~FOa%
K~ t-sarv~ e
AGREEMENT FOR GRADING, SLOPE PLANTING, AND EROSION CONTROL
Tract 16143 off Sheddon St
At
Job Address
THIS AGREEMENT WITNESSETH:
WHEREAS, the undersigned ("Applicant") has applied for a permit from the City of Fullerton
(`City") to do certain grading, slope planting, and erosion control work in the City of Fullerton
in the particulars and upon the real property described in the permit application
(# ) (the "Permit") and as shown on the grading plan prepared and on file in
the office of the Development Services Department ("Grading Plan"); and,
WHEREAS, the Permit shall not be issued unless Applicant agrees to complete all the work
commenced under the authority of the permit in the manner required by law and by the
Permit, and to complete within the time limit herein specified all the grading, slope planting,
and erosion control work, to maintain the slope planting until a root system has been
established (the "Work"), and to furnish to City a cash or surety bond in the amount of $
to secure Applicant's performance under the Permit and this Agreement.
NOW, THEREFORE, in consideration of the issuance of the Permit, and the conditions
contained herein, Applicant hereby agrees as follows:
1. Applicant shall do and complete, on or before, , 20_, in compliance with the
Permit, the Grading Plan, the applicable provisions of the Fullerton Municipal Code and
al! other laws pertaining thereto, all of the grading, slope planting, erosion control work,
and other work described in the application and shown on the plans commenced by the
undersigned, his agents or assigns, pursuant to the authority of the permit.
2. Applicant shall plant and irrigate the slope planting ~in a manner as required by City codes
and policies and maintain the slope planting until a root system has been established to
the satisfaction of City's Development Services Director.
3. Applicant shat! install, grade, and build all ~ drains, pipes, channels, berms and other
erosion controlling devices as described in the application and shown on the plans, and
maintain them in a workmanlike, operable manner at all times to the satisfaction of the
City's Development Services Director.
4. Applicant shall perform all the "Work" undertaken under the Permit and this Agreement
in an orderly, workmanlike manner, and comply with all applicable provisions of the
Fullerton Municipal Code and California State codes relative to excavations, trenches,
shoring, safety, and protection of public and private property. City shall have the
authority to suspend the Work, in whole or in part, for any period that City deems
necessary by due to the failure or refusal of Applicant, his/her agents, assigns, personal
representatives, contractors, or subcontractors to carry out the Work as set forth in the
Permit and this Agreement, to follow reasonable orders, requests, instruction or direction
given by City, or to perform any provision set forth in this Agreement. The suspended
Work shall be resumed only when Applicant is in compliance with the provisions of this
Paragraph, and then only when Applicant is so notified by City.
5. Any extension of time for performance granted by City shat! only be valid if in writing and
shall not constitute any waiver by City of any condition contained in this Agreement nor
any of its rights or remedies to which it is legally entitled.
6. City may, at the sole option of City's Development Services Director, cause to be
completed any of the Work commenced by Applicant and not completed in accordance
with this Agreement. It is expressly agreed by the parties that time for performance is of
the essence. Applicant shall pay to City upon demand all of City's costs and expenses to
complete the Work, including, but not limited to, all payments to, and for the benefit of,
any of City's employees in connection with City's completion of the Work, and City's
overhead expenses arising therefrom.
7. Upon completion of the Work, Applicant shall request in writing the release of the cash
bond in the amount deposited. If City's Development Services Director determines that
the Work has been satisfactorily completed in accordance with the terms of the Permit
and this Agreement, City's Treasurer shall refund to the depositor the amount of the cash
bond deposited, after first deducting .therefrom all fees and penalties payable to City
under the provisions of this Agreement. These deductions may include, but are not
limited to, the cost, as determined by City, of repairing or replacing any public property
damaged by the performance of the Work, and the sum of ten dollars ($10.00) per day
for each calendar day beyond the time limit specified for- the completion of the Work.
8. Applicant shall hold free and harmless City, its elected officials, officers, agents,
employees and volunteers, from any and all claims for any injury or damages to any
person or property caused by any act or omission of Applicant, his/her agents, assigns,
employees, and/or subcontractors, whether intentional or negligent, arising out of the
Work for which the Permit was issued and this Agreement was executed. or caused by
erosion from wind or water subsequent to any grading of the above described property
that may result from such grading or from any planting, or lack of planting, of any cut and
fill slopes resulting from, or affected by, any such grading, unless such slopes have been
planted and maintained with a ground cover as required by law and as approved in
writing by City's Development Services Director and it has been certified in writing that a
root system has been established on such slopes to City's~sole satisfaction.
9. Applicant shall pay upon demand to City such sum as the Court may adjudge to be the
reasonable value of all legal services rendered to City in any action upon this Agreement
and bond, or either of them, in which a judgment is ordered in favor of City and that sum
may be added to the judgment in that action.
Executed at Fullerton, California this ~ day of c! o ~ ~~~.
KB Home Coastal Inc.
A ,Corporation,
(S ri or of ppli ble)
By
(Pre " ent, ~
And
Secretary
(Note: A certified copy of the Resolution of the Board of Directors showing authority to
execute for Corporations must be attached.)
-~.
~.
~~
SECRETARY'S CERTIFICATE
KB HOME COASTAL INC.
CERTIFIED RESOLUTIONS
I, Kimberly N. King, do hereby certify that I am the duly elected, qualified and acting
Secretary of KB HOME Coastal Inc., a California corporation.
I do further certify that the resolutions attached hereto as Exhibit "A" are a true and
complete representation of such resolutions which ~~ere duly adopted by the unanimous
written consent of the Board of Directors of this Corporation as of June 24, 2002, and that
said resolutions have not in any way been rescinded, modified or revoked, and are still in
full force and effect.
WITNESS MY HAND this 22nd day of August, 2002.
By: ._ - --
Klmb ly .King, Se etary
I~~`.1~-'1~~~ ~[)l '~.Kf3Cn.1S P~.CFi2T-oC' l~iv d~~c
. ~ ~ b .,~
EXHIBIT "A"
KB HOMF. COASTAL INC.
(OIZAN~~ coUN~f Y UIV1s1oNJ
RESOLUTIONS ADOPTED AS OF JUNE 24, 2002
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 and any such prior authority is hereby revoked
and restated i11 its entirety as follows:
RESOLVED FURTHER, that the following persons, acting on behalf of
this Corporation, be, and they hereby are, authorized to execute and deliver
for and on behalf of this Corporation, (a) any and all documents and to take
and do such acts as may be deemed by them to be necessary or appropriate
with respect to the acquisition and/or disposition of bulk parcels of real
property by this Corporation, including, but not limited to, purchase and sale
agreements, escrow instructions, amendments and assignments thereto,
grant deeds, promissory notes, deeds of trust and related documents; (b) any
and all documents, and any acts or other authority conferred upon other
officers or employees of this corporation as contemplated hereinbelow;
(c) any and all offers of employment for prospective employees of this
Corporation having a title of Director or Manager or below; and (d) 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:
Acting alone:
Orange County Division
William Cardon Leonard Leichnitz
(alternate in the event Mr. Cardon is unavailable to sign)
IZES(_)I~VED FUR"hHER, that the signahzre of the President from either
division of the Corporation is required on any and all disbursements in excess
of $1,000 for non-contract items that are executed and delivered for and on
behalf of this Corporation;
RESOLVED FURTHER, drat the following persons, acting alone on
behalf of this Corporation, be, and they hereby are, authorized to execute and
deliver for and on behalf of this Corporation any and all documents deemed by
such person necessary or appropriate iT1 connection with this Corporation's (a)
land improvc~n~ent anc~ construction ac_tivitics includi7~~; but not limitE~d to
-`LA\~r~,Dl_AKBCO.AST`,CER~T-oC Div doc
a ~
purchase orders and subcontracts for labor and materials; and (b) land
improvement and development activities including but not limited to,
easements, development agreements, applications for land development
approvals and subdivision approvals, declarations of covenants, conditions
{'jtZCl restric,tinn4, ~~Ih+_1i~7~~io~~ and tract ma~~~~ anal exhil-tt~ ~1~4'r~'tt,, 2~t~~_1
supporting documents; and (c) 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:
Orange County Division
Dale Johnson Kristine M. Kiser Leonard Leichnitz
RESOLVED FURTHER, that the following persons, acting alone on
behalf of this Corporation, be, and they hereby are, authorized to sign,
execute and deliver for and on behalf of this Corporation (a) any and all
documents required in connection with the development of real property
including, but not limited to, improvement bonds, subdivision improvement
agreements, subdivision maps, building permit applications and such other
documents related to the permit process; 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:
Orange County Division
Dale Johnson Kristine M. Kiser Leonard Leichnitz
I7 9T'(_,~~ ~ r-~~~ ~'7 j?rr,~ .7---rrj e1 ~ 1 <' t • t
..„J~-i~~ ~i c' »`~. ~_3 ~i.~lt,~ ii:ial iTl~~" i~)~il~~.•"~ii~ ~t_'~,>i.?it."~, til_~i.11~ tiiV1}~'?1}
behalf of this Corporation, be, and they hereby are, authorized to sign, execute
and deliver for and on behalf of this Corporation any and all documents
deemed by them to be necessary or appropriate in connection with the sale of
residential lots by this Corporation including, but not limited to, property
`~7t:r'~f~~',t~•r. c.',~.t}i~tl~ ~t Ft: ~ ~ ~• _~ :r'+r.» Fr- 4; ~ ,.-.,> ? ,g~ ~ !
a r-~ a?,, Tt t; ry. !
a
agreements, escrow instr~rlctions, amendments and assignlnent~s thereto; grant
deeds; promissory notes; deeds of trust and related documents:
Orange County DIVISIOn
Dale Johnson
1=:`~,I_~'1~'~r~~D1 '_KI3C0,1ST~CER•I--OC nip .doc
o-
pr '
RESOLVED FURTHER, that the following persons, acting
alone on behalf of this Corporation, be, and they hereby are, authorized to sign,
execute a11c1 deliver for and On behalf of this Corporation, (a) any and all
documents deemed by them to be necessary or appropriate in connection with
t1~~~ =~~1~. cif ,~~;,~,;ll;: ~~`~f lt)ts ~~~,~ this ~;-„-i,~:?rat~t~r~ r-~~:lt~~l_idg, b~~t ~1~~t 1~,~tF~~~l ~~,
property disclosure statements, termite reports, notices of completion,
purchase and sale agreements, escrow instructions, amendments and
assignments thereto, except grant deeds, in which case they are hereby
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:
Orange"County Division
Christina Hart Kristine N1. Kiser Leonard Leichnitz
Carl Wardell
RESOLVED FURTHER, that Kim Adams, Director of Marketing of
this Corporation, be and she is hereby authorized to execute and deliver
any and all documents with respect to the marketing of residential dwellings
owned by this Corporation.
RESOLVED FURTHER, that the following persons, acting
alone on behalf of this Corporation, be, and they hereby are, authorized to
execute and deliver (a) any and all documents required to be submitted to the
California Department of Real Estate ("DRE") in coiv~ection wide this
Corporation's preliminary and final subdivision public report process, and to
,, ,
.,
>~.~~~~->l.~i ~ :ii1~g~~ ~-t'o~~i~~'~'~i i~~ i~' ii~iilc' piY-~>ii~~ii tlJ si1~_~i ~~i~..l_; i'L~iflliik't31~'I11~~,
(b} utility contracts and (cj applications and other ancillary documents required
to obtain city and/or county permits for projects developed by this
Corporation:
~-,...,, ,,, ~, ,..,,,t,. ~--~. .
David Hutchins Dale Johnson LeeAnne Edwards
Scott McKhann Robert Quiles Judi Schweitzer-Wilson
RESOLVED FURTl-1ER, that the following officers of t11is Corporation,
acting alone on behalf and u~ the name of this Corporation, be, and t11ey hereby
are, authorized and emf>oi~~E°red to execute, ac~knotivledge a~~cl deliver ors bel-~al~
of this Corporation, anv and all doctmlents deemed necessary or appropriate
(a) to convey title in and to propernr ~~-hich comprises the common area in
planned residential projects de~~eloped 1?y this Ct~rpor~ltion to b~~ ~~~~~~veyed to
F:`".LA~~n,DI ~,K13COAST'.CFR7-OC Di~~.doc
each respective homeowners association and any and all restrictive covenants,
conditions and easements, and any and alI supplemental declarations, with
respect thereto, (~) as :required in coiV~ectio:rl with the development of real
property, (c) as required in corulection with the permitting processing with
respect tc~ ~;~:zch re.~I prnpert~' a:1f~z,~~~lc~_~n1c~nt~, Anil ({1) allrnv the C'71if:~rt
Department of Real Estate to issue a public report; such documents to include,
without limitation, consultant contracts, utility contracts, improvement bonds,
subdivision unprovement agreements, subdivision maps, tract maps, parcel
maps, building permit applications:
Orange County Division
David Hutchins LeeAnne Edwards Scott McKhann
Robert Quiles Judi Schweitzer-Wilson
RESOLVED FURTHER, that any and all actions taken and documents
executed by the foregouzg persons prior to the date hereof pursuant to the
foregoing resolutions be and they hereby are ratified, confirmed and
approved.
F:ALA~~"~,DI_~.KE3COAST~CFRT-O(' Div.doc
~,
~ ~.
SURETY BOND FOR
Tract 16143, Stoneybrook (off Sheddon St.)
Job Address
Bond No. 3507668600
Premium: $100.00
Amerige Heights
THE UNDERSIGNED Prinolpal and Surety hereby jointly and severally hold and
bind th~rrtselves unto the City of Fullerton, a Muniapal Corporation ("City/'), In the sum of
Six Thousand Eight Hundred dollars ($ 6 L800.0 to be paid to City upon demand, together
with reasonable attorney fees ~n any legal action taken upon this Bond The condition of
the above obligation is such that Principal has executed a written agreement dated
20,~, in favor of Clty (the 'Agreement"), a copy of which has
been received by Surety;
NOW, THEREFORE, if Principal shall fully perform the Agreerrient within the
time therein provided, or any extension of time not in excess of three (3) years granted
by City. any such extension without notice to or consent of the undersigned being
expressly hereby authorized, then the foregoing obligafion shall be null and void,
otherwise It shall remain in full force and effect and its payment shall be made to City at
the City Hall in Fullerton, California, in acxordance with the terms of the Agreement.
Executed this 10~ day of October ~ 2002,
PRINCIPAL SURETY
KB HOME Coast Lumbermens Mutual Casualty Company
(Co o , p' of s Name) (Corpora Name)
Sy ~ ._ ~ By ~..._..._...
(Sig a rtner of Proprietor) (Signature Officer)
e- Tracy Aston, Attorney-in-~'~.c;t.
(Official Capacity) (Official Capacity)
~A certrfied copy of the resolution of the Board of Oirectrors showing authority to execute
fer Corporatrons must be attached,)
3507668600
Bond Number
3 Je ~r Suite 100 Irvine CA 92618
Mailing Address of Principal
7470 N. Figueroa St., Los Angeles, CA 90041
Mailing Address of Surety
`~ . ~.
J ', a,/
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On October 10, 2002 before me, Joyice M. Herrin, Notary Public, personally
appeared Trac A~ personally known to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that she executed
the same in her authorized capacity, and that by her signature on the instrument
the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
~ o`~ „„,, . ~' JOYCE M, HERRI~1
COMM. ~ 1323695 =
~ - ~~ ~ NCaTAAY PU9t•IG • CA~.IFQRNIA ~
_ ~ ~ LQ~ ANP~~IES COUNTY ~
`~~~~ ••~' My Comm. Expires Oct. 4, 2005
oy a M. Herrin
Pow ~ o~ A-~roa~ ~r
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and, the American
Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of
Illinois. having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do
hereby appoint
C. K. lyakarnura ,Joyce Herrin ,Tom Branagan ,Edward C. Spector ,Marina Tapia ,Clarice Lee ,
Richard E Bagley , C. K. Nakamura ,Lisa L. Thornton ,Maria Pena , E S. Albrecht Jr. ,
Tracy Aston and betty Walker of LOS ANGELES , CA (EACH)
!!!! A! 4• 4 4 A! R
their true and lawful agent(s) and Attorney(s)-in•Fact, to make, execute, seal, and deliver from the date of issuance
of this power for and on its behalf as surety, and as their act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute. seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This. authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority asset forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all .intents and purposes, as if the same had been duly executed and acknowledged
by their regularly elected officers at their principal office in Long Grove, Illinois.
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards
of directors of the Company on February 23, 1988 at Chicago, lliinois, true and accurate copies of which are
hereinaftec set forth and .are hereby certified to by the undersigned Secretary as being in full force and effect:
"VDT®, That the Chairman of the Board, the President, or any Vice. President, or their appointees designated in
writing. and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto. bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee,of ,the Boards of Directors of the Company at a meeting duly called
and held on the 23rd day of February, 1988:
"VOTm, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designatFd in writing and filed with the Secretary, fiand tFi.~ signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of tMe Board of Directors on February 23, 1988 and any such
power so executed, sealed and certified with respect to' any bond or undertaking to which it is attached, shalt
continue to be valid and binding upon the Com~~nj~~."
Fl< 09 75 (Ed. 09 01) Page 1 of Z Printed in U.S.A.
In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be
affixed by their authorized officers, this November20, 2001.
Attested and Certified:
t
~1 A Iri M 4 cd~raw~n L
~ N W ~c~~
lM 0+~ ~~~
oh K. Conway, Corpor Secretary
Lumbermens Mutual Casualty Company
American Motorists Insurance Company
Americac~ titanufacturers Mutual Insurance Company
~``+;
All Kure: S
Cq~WIAl10r
1 4,~i G,.•• •
Gary J. ly, nior Vice Pres' t
STATE OF ILLINOIS SS
COUNTY OF CAKE SS
I. Maria I. Omori,.a Notary Public. do hereby certify that Gary J. Tully and John K. Conway personally known to
me to be the same persons w hose names are respectively as Senior Vice President and Corporate Secretary of the
Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American
Manufacturers Mutual Insurance Company, Corporations organized and .existing under the laws of the State of
Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged
that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument
as the free and. voluntary act. of said corporations and as their own free and voluntary acts for the uses and
purposes therein set forth.
"OfFICIAI SEAL"
Ewa ~. oMOAi
NOriARY PL~IK, AA~E OF IIIINOtS
MY cor~un55~ar Exr~eES 91~ ~ mo3
~~I~Q/tiac.R. UYr~~
Maria 1. Omori, Notary Public
My commission expires 9-17-03
CERTIFICATION
1. J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists
Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the
attached Power of Attorney dated November20, 2001 on behalf of the person(s) as listed above is a true and
correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect
on the .date of this certificate; and 1 do further certify that the said Gary J. Tully, who executed the Power of
Attorney as Senior Vice President, was on the date of execution of the attached Power of Attomey the duly
elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance
Company, and the American Manufacturers Mutual Insurance Company.
YN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens
Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual
Insurance Company on this 10~h__ day of t7~t~hPr , 20p.~.
J~ 3?~~~~c~ ~~
~1 ~ ~n ~[~ ~ ~ tC11C6~1~ ~ ~ CGIIIQPACfIC11
~'JrILL1eV ~ rz~~ ~.
Joh . K. onw ay, Corporate cretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein and they have no authority to bind the Company except i;t the manner and to the extent herein stated.
Home Office: Long Grove, IL 60049
FK 0 9 7 5 (Ed. 0 9 01) Page 2 of 2 Printed in U.S.A.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ~,~„__ )
On before me, ~ C~.,+2 v~ / ~`;
DATE NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NO ARY PUBLIC"
personally appeared, ~ l.~i-~1.
personally known to me ) to be the
person{, whose named isl~ subscribed to the within instrument and acknowledged to me
that he/s~e/tl~y executed the same in his;~r/t~ir authorized capacity(~s), and that by
his/ly~r/t~iCeir signature) on the instrument the person or the entity upon behalf of which
the person(~j acted, executed the instrument.
WITNESS my hand and official seal.
MICHELLE KACAVAS~
V COMM. # 1371693
OTARY PUSl1C-CALIFORNIAQ
---- '~ ORANGE COUNTY n
(SEAL) COMM. EXP. AUG. 24, 2006'`
NOTARY PUBLIC SIGNATURE
OPTIONAL INFORMATION
THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAYBE BENfiFIC1AL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT,
TI'T'LE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER'S NAME
SIGNER'S NAME
RIGHT THUMBPRINT
RIGHT THUMBPRMT
SECRETARY'S CERTIFICATE
KB HOME COASTAL INC.
CERTIFIED RESOLUTIONS
I, Kimberly N. King, do hereby certify that I am the duly elected, qualified and acting
Secretary of KB HOME Coastal Inc., a California corporation.
I do further certify that the resolutions attached hereto as Exhibit "A" are a true and
complete representation of such resolutions which were duly adopted by the unanimous
written consent of the Board of Directors of this Corporation as of June 24, 2002, and that
said resolutions have not in any way been rescinded, modified or revoked, and are still in
full force and effect.
WITNESS MY HAND this 22nd day of August, 2002.
Bv:
Klmb ly .King, Se etary
r ~.1~:~~~-~.ni ~,-~r3co:~s~r~.crrzT-o~ n;~~ a~~~
EXHIBIT "A"
KB HOME COASTAL INC.
~OIZAI'~IC1E COUNTY DIVISION
RESOLUTIONS ADOPTED AS OF JUNE 24, 2002
Sing 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 and any such prior authority is hereby revoked
and restated i11 its entirety as follows:
RESOLVED FURTHER, that the following persons, acting on behalf of
this Corporation, be, and they hereby are, authorized to execute and deliver
for and on behalf of this Corporation, (a) any and all documents and to take
and do such acts as may be deemed by them to be necessary or appropriate
with respect to the acquisition and/or disposition of bulk parcels of real
property by this Corporation, including, but not limited to, purchase and sale
agreements, escrow instructions, amendments and assignments thereto,
grant deeds, promissory notes, deeds of trust and related documents; (b) any
and all documents, and any acts or other authority conferred upon other
officers or employees of this corporation as contemplated hereinbelow;
(c) any and all offers of employment for prospective employees of this
Corporation having a title of Director or Manager or below; and (d) 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 die general intent of the foregoing resolutions:
Acting alone:
Orange County Division
William Cardon Leonard Leichnitz
(alternate in the event Mr. Cardon is unavailable to sign)
.RESOLVED FUR`I,HEIl, drat the si~;~zature of the .President from either
division of the Corporation is required on any and a1I disbursements in excess
of X1,000 for non-contract items that are executed and delivered for and on
behalf of this Corporation;
RESOLVED FURTHER, drat the following persons, acting alone on
behalf of this Corporation, be, and then hereby are, authorized to execute and
deliver for and on behalf of this Corporation any and all documents deemed by
such person necessary or appropriate in co'<u-iectioil with this Corporation's (a)
Ia1~d improvement t~nt~ construction activitiE's including but not limited to
F:`~I_A\V~,.DL\KBCOAST`~.CFRT-OC Div doc
® ~ ~ /w ,
purchase orders and subcontracts for labor and materials; and (b) Land
improvement and development activities including but not limited to,
easements, development agreements, applications for land development
approvals and subdivision approvals, declarations of covenants, conditions
~ncl reskt-ctions, s»hc~iviso~~ t~~icl tx~ct ?~~~~ s ~~ cl ~~~hib?kc~ ¢1~~~~-~>~r>, ar~cl
supporting documents; and (c) 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:
Orange County Division
Dale Johnson Kristine M. Kiser Leonard Leichnitz
RESOLVED FURTHER, that the following persons, acting alone on
behalf of this Corporation, be, and they hereby are, authorized to sign,
execute and deliver for and on behalf of this Corporation (a) any and all
documents required in connection with the development of real property
including, but not limited to, improvement bonds, subdivision improvement
agreements, subdivision maps, building permit applications and such other
documents related to the permit process; and (b) any and all other documents
or agreements deemed necessary or appropriate in connection wit11 this
Corporation's ordinary course day-to-day business operations and within the
general intent of the foregoing resolutions:
Orange County Division
Dale Johnson Kristine M. Kiser Leonard Leichnitz
~'~~.T1 T' ~~'~T'~ fii'~? G1- ~~ 1?
t 7
~' ~.`.C~T :, - . -
. , _ _~_- ~~, t ~ _i,a~, a_~+t~, tilic' #~)~ii1LVLi~b ~i~'~~~~+.1~1~`>, ~3~~I1b clltii?E' ~1~~1
behalf of this Corporation, be, and they hereby are, authorized to sign, execute
and deliver for and on behalf of this Corporation any and all documents
deemed by them to be necessary or appropriate in connection with the sale of
residential lots by this Corporation including, but not liimited to, property
tl1Cf`,(l ~il ll'fa C;~:l ~-i~KT~G»i ~l~ F,.~t,.,.~.~a~n-~~-~~, ~.~lr~ -.~; ~X~~:-~,~~i~,.. `,. 1'~~x-,lr-. d~: .-,. ~•• ~,~.., ,.. ~ t
1 ..
` 1
agreements, escrow instructions, ~~mendments and assi~nznents thereto; grant
deeds; promissory notes; deeds of trust and related documents:
Orange Counh~ Division
Dale Johnson
RESOLVED FURTHER, that the following persons, acting
alone on behalf of this Corporation, be, and they hereby are, authorized to sign,
execute and deliver for and on behalf of this Corporation, (a) any and aII
documents deemed by them to be necessary or appropriate in connection with
tl,~, ~:;.~lt~ ~~~ re,~icl~~t~±iz~1 lots 1~T:" ~1r~~ Corpi~r~;tio~~ iiaC_lLidlllt , ~~~t ~~c>t lir~-~it~~~l tt~,
J
property disclosure statements, termite reports, notices of completion,
purchase and sale agreements, escrow instructions, amendments and
assignments thereto, except grant deeds, in which case they are hereby
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:
Orange"County Division
Christina Hart Kristine N1. Kiser Leonard Leichnitz
Cari Waidell
RESOLVED FURTHER, that Kim Adams, Director of Marketing of
this Corporation, be and she is hereby authorized to execute and deliver
any and all documents with respect to the marketing of residential dwellings
owned by this Corporation.
RESOLVED FURTHER, that the following persons, acting
alone on behalf of this Corporation, be, and they hereby are, authorized to
execute and deliver (a) any and alI documents required to be submitted to the
California Department of Real Estate ("DRE") in coru~ection with this
Corporation's preliminary and final subdivision public report process, and to
`.it~~p~)I't tl~iii~`~, ~~~.~l~lit'.~ r~' 'i_` iilclli~' ~..%Li1~Uii1~ [l; ~>il~,il L,~~"'s~~ ~~'~~~dl1~l:'illt.'IltJ,
(b) utility contracts and (cj applications and other ancillary documents required
to obtain city and/or county permits for projects developed by this
Corporation:
~1,-,~,fr,:_ <~ ,~ ,, n ,
David Hutchins Dale Johnson LeeAnne Edwards
Scott McKhann Robert Quiles Judi Sch~~eitzer-Wilson
RESOLVED FUR~~I'HER, that t11e following officers of this Corporation,
acting alone on behalf and in the name of this Corporation, be, and they hereby
tire, authorized and empo~~-ered to exc~cutc°, acki~oeti~l~~d~;~ and deliver oil b~~llal.f
of dlis Corporation, anv and all documents deemed necessary or appropriate
(a) to convey title in and to propert~~ which comprises the common area i11
planned residential projects deg%eloped bti~ t11i~ Corporation to be cor7ve~-e~I to
F.`~,LA~'~"DI ~,KE3C'OASTCFRT-0C Div.doc
.~~»
each respective homeowners association and any and all restrictive covenants,
conditions and easements, and ~u1y and all supplemental declarations, with
respectthereto, (b) as required in connection with the development of rent
property, (c) as required in coru~ection with the permitting processing with
r~~~,~ct to Such real pt-c~pert~~ clevelc~?~meizts, anc:l (d) ~~lln«r the C~~?fc~rni~Z
Department of Real Estate to issue a public report; such documents to include,
without limitation, consultant contracts, utility contracts, improvement bonds,
subdivision unprovement agreements, subdivision maps, tract maps, parcel
maps, building permit applications:
Orange County Division
David Hutchins LeeAnne Edwards Scott McKhann
Robert Quiles Judi Schweitzer-b'Vilson
RESOLVED FURTHER, that any and all actions taken and documents
executed by the foregoil~g persons prior to the date hereof pursuant to the
foregoing resolutions be and they hereby are ratified, confirmed and
approved.
r:~i_~~an,nt~.x~co~sr,cFx~r-oc n;~~_a~,~