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Home My WebLink AboutPayment 04-2 #3 ~ . -- BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: DATE: Paul Sheats, Accountant I ~Marian P. Shaw, Civil Engineer IV ~/ November 1, 2007 FROM: SUBJECT: ASSESSMENT DISTRICT NO. 04-2 PAYMENT REQUEST ******************************************************************* The City has received a written application request from the developer that the improvements referenced on the attachment are complete and have been accepted by the City. Documents included contracts, change orders, paid invoices and other documentation establishing the actual amount paid by the developer, thus establishing the Acquisition Price at actual cost. In Addition, the developer has provided the City a Mechanics lien free endorsement as per the requirements of the Acquisition Agreement. Therefor, please find attached the Application for Payment of improvements for Assessment District No. 04-2, onlv Jewetta Avenue Traffic Signal Improvements in Brighton Parks Area, Brighton Village Area and Stockdale at Allen Acquisition Payment processing No.3. Wilson and Associates was retained by the City Public Works Department to review those applications for payment from bond proceeds for this Assessment District. Completed Items as per Exhibit "A" of the Acquisition Agreement: (See attached request). $171,723.35 Send $171,723.35 to: Castle & Cooke California, Inc., 10000 Stockdale Hwy, Suite 300 Bakersfield, CA 93311 Attention: Laura Whitaker xc: Nelson Smith, Finance Director Bob Sherfy, Deputy City Attorney 04-2reimb3BrightonPark.doc prepared Thursday. November 1,2007 9:16AM Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 October 29,2007 29706A John Stinson / Marian Shaw Public Works Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Re: City of Bakersfield Assessment District No. 04-2; Brighton Parks Area, Brighton Village Area, and Stockdale at Allen Commercial Area Acquisition Payment Processing No.3 Dear John and Marian: Wilson & Associates has finished our review process ofthe payment request for the Jewetta Avenue Traffic Signal Improvements completed in the Brighton Parks Area, Brighton Village Area, and Stockdale at Allen Commercial Area of Assessment District No. 04-2 ("AD 04-2"), based on V olume I of the payment request dated October 2, 2007, submitted by McIntosh & Associates on behalf of Castle & Cooke (the "Applicant"), and the updates received through October 23,2007 (collectively, the "Application No.1"). This letter and recommendation for payment pertain to onlv JewettaA venue Traffic Signal improvements in the Brighton Parks Area, Brighton Village Area, and Stockdale atAllen Commercial Area (described in Exhibit B, Table B-II-B, Item D ofthe Final Engineer's Report for AD 04-2). After reviewing said Application No.1, we have come to the below-described conclusions and recommendations regarding this Acquisition Payment for the Jewetta A venue Traffic Signal improvements in the Brighton Parks Area, Brighton Village Area, and Stockdale at Allen Commercial Area of AD 04-2. Enclosed with this Jetter is a table entitled "Table 1, Itemized Improvements and Acquisition Costs Approved for Payment No.3 in Brighton Parks Area, Brighton Village Area, and Stockdale at Allen Commercial Area, City of Bakersfield Assessment District No. 04-2" ("Table 1") that presents an itemized comparison of the cost of improvements to be acquired as they were estimated and shown on said Exhibit B, Table B-II-B of the AD 04-2 Engineer's Report (which is the acquisition amount funded by the AD 04-2 proceedings) to the itemized amount paid by the Applicant for each item of work shown in the Application No.1 and requested for payment by the Applicant. Table 1 also shows in its column entitled "Approved Payment Per This Request" the amount for each item of work we recommend for payment to the Applicant as the AD 04-2 Acquisition Price under Payment No.3 for the Brighton Parks Area, Brighton Village Area, and Stockdale at Allen Commercial Area. Also enclosed are: (i) a copy ofthe Applicant's "Application and Certificate for Payment" form, (ii) a copy of Ticor Title Insurance Company "Mechanic's Lien Guarantee," (iii) a copy of the Applicant's Notice of Completion for the completed AD 04-2 funded JewettaA venue Traffic Signal improvements (note: this notice was recorded on March 9, 2005), and (iv) copies of the City-issued Notices of Completion for the AD 04-2 funded improvements in Tract No. 6520 Unit 1 (where the above-referenced traffic signal is located). John Stinson / Marian Shaw October 29, 2007 ') Page Two ¡ The total Acquisition Price recommended for payment to the Applicant for acquisition of the AD 04-2 Brighton Parks Area, Brighton Village Area, and Stockdale at Allen Commercial Area Jewetta A venue Traffic Signal Improvements per Application No. 1 is $171,723.35 all as itemized on the enclosed Table 1 and summarized below. The following is a recapitulation of funds recommended for payment under this AD 04-2 Brighton Parks Area, Brighton Village Area, and Stockdale at Allen Commercial Area Payment No.3: Improvement Acquisition Item AD 04-2 Approved Amount Amount Requested for Payment Amount Approved for Payment No.3 A. STOCKDALE HIGHWAY (NORTH SIDE) (Tentative Parcel Map No. 11192 Frontage) - NOT A PART of this Payment No. 3 B. ALLEN ROAD (EAST SIDE) (Tentative Parcel Map No. 11192 and Tract No. 6281 Frontages) - NOT A PART of this Payment No.3 C. SAN JUAN AVENUE (ENTIRE STREET) (Allen Road to Most Easterly Boundary of Tract No. 6281) - NOT A PART of this Payment No. 3 D. JEWETT A AVENUE TRAFFIC SIGNAL (At the Intersection of Jewetta Avenue and Wincanton Drive in Tract No. 6250) 1. Grading $ 6,600.00 $ 0.00 $ 0.00 2. Traffic Signal Improvements $ 132,000.00 $ 139,193.34 $ 139,193.34 3. Contingency $ 13,860.00 $ 0.00 $ 0.00 4. Incidentals $ 26.657.00 $ 32.530.01 $ 32.530.01 5. Total Jewetta Ave. Traffic Signal Impr. $ 179,117.00 $ 171,723.35 $ 171,723.35 E. CITY OF BAKERSFIELD FACILITIES FEES - NOT A PART of this Payment No. 3 F. TOTALS $ 179,117.00 $ 171,723.35 $ 171,723.35 As also described in the notes on page I of Table 1, the above-summarized amounts are based on the following findings: 1. Items labeled "1" in Table I "Notes" column are the items funded in the AD 04-2 Final Engineer's Report for which no payment is requested at this time and for which no payment will be requested at a later date, as confirmed by McIntosh & Associates. Most of these items were either combined with other items, or they are not necessary for completion of the project, or they were labeled in a different manner in Application No.1 than in the Final Engineer's Report for AD 04-2. ) John Stinson / Marian Shaw October 29,2007 " Page Three ï 2. Since Exhibit B, Table B-II-B, Item D (Jewetta A venue Traffic Signal) is 100% complete there will be no future payment requests for that item. Therefore, the savinfs in the amount 0($7.393.65 shown in Table 1, Item G.d. (Recaptilation) as the ííTotalfunds availablefor payment of Item D. . . at a later date" may be availablefor payment of possible overruns in the costs of other items eligible for funding in the Brighton Parks Area, Brighton Village Area, and Stockdale at Allen Commercial Area pursuant to the AD 04-2 Final Engineer's Report. Based on the findings described above and in accordance with the Application No.1, it is the recommendation of our analysis that $171,723.35 be paid and that a check for that amount be made payable to Castle & Cooke California, Inc., as a payment pursuant to this Payment No. 3 for the Jewetta A venue Traffic Signal improvements in the Brighton Parks Area, Brighton Village Area, and Stockdale at Allen Commercial Area of AD 04-2. As suggested by the Applicant, in order to properly direct the payment, please send the check to: Castle & Cooke California, Inc. Attn: Laura Whitaker 10000 Stockdale Hwy, Suite 300 Bakersfield, CA 93311 Please call if you have any questions on the results of our analysis or the recommendations presented herein for payment of the Acquisition Price. Sincerely ~~ Ed Wilson ~ Dejan Pavié Wilson & Associates Enclosures cc: Scott Blunck Judy Kindig / Roger McIntosh Charlie Stevens Laura Whitaker TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.3 IN BRIGHTON PARKS AREA. BRIGHTON VILLAGE AREA, AND STOCKDALE AT ALLEN COMMERCIAL AREA CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-2 ~¿!'IGINEER'S REPORT ESTIMATE REQUESTED FOR PAYMENT '-ÃPPROVED -I !"Ñ-õTëSl Unit Total Unit Total I PAYMENT PER!! (See ! Item Quantity Units Cost Cost i Quantity Units Cost Cost l:!!I~..~EQUE§:d Lbelow) ! A. STOCKDALE HIGHWAY (NORTH SIDE) IMPROVEMENTS (Tentative Parcel Map No. 11192 Frontage) - NOT A PART of this Payment No.3 B. ALLEN ROAD (EAST SIDE)JMPROVEMENTS (Tentative Parcell\1ap .No. 11192 and Tract No. 6281 Frontages) - NOT A PART of this Payment NO.3 C. SAN JUAN AVENUE (ENTIRE STREET) IMPROVEMENTS (Allen Road to Most Easterly Boundary of Tract No. 6281) . NOT A PART of this Payment No, 3 D. JEWETTA AVENUE TRAFFIC SIGNAL IMPROVEMENTS (At the Intersection of Jewetta Avenue and Wlncanton Drive In Tract No. 6250) a. GRADING Mobilization TOTAL GRADING b. TRAFFIC SIGNAL IMPROVEMENTS '.',. Traffic Signal I 1 LS 120000.00 Construction Traffic Control I 1 LS 12000.00 TOTAL TRAFFIC SIGNAL IMPROVEMENTS c. SUBTOTAL IMPROVEMENT COST d, CONSTRUCTION CONTINGENCY e. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY f, INCIDENTAL COST Design Engineering r--" $4,574.001 Improvement Bonds $5.203.00 Plan Check Fees $1.769,00 Inspection Fees $2,914,00 Water Inspection Fees $0,00 Construction Staking $4.574,00 Soils and Materials Testing and Report $4.574.00 Contractor Supervision and Overhead $0.00 Construction Ins ection Fees $3.049.00 TOTAL INCIDENTAL COST $26,657.00 g. TOTAL JEWETTAAVENUE TRAFFIC SIGNAL $179,117.00 (At the Intersection of Jewetta Avenue and Wincanton Drive in Tract No. 6250) IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS I" $6.600,00 I r- ° LS $6,600.00 1 LS 6600.00 0.00 $120,000,00 $12,000,00 $132,000.00 $138,600.00 $13,860.00 $152,460.00 LS 137256.66 $137,258.66 LS 1934.66 $1,934.66 $139,193.34 $139,193.34 included in the above-listed Items $139,193.34 $3,951.00 $2,062.66 $2,428,00 $0.00 $0,00 $0.00 $10,169,00 $13,919.33 $0,00 $32,530.01 $171,723,35 E. CITY OF BAKERSFIELD FACILITIES FEES - NOT A PART of this Payment No.3 F. TOTAL BRIGHTON PARKS AREA (TRACT NO, 6250), BRIGHTON VILLAGE AREA (TRACT NO. 6281), AND STOCKDALE AT ALLEN COMMERCIAL AREA (TENTATIVE PARCEL MAP NO. 11192) (Item D) IMPROVEMENT COST INCLUDED IN THIS PAYMENT NO.3 a. IMPROVEMENTS b. CONTINGENCY c. INCIDENTALS d. TOTAL BRIGHTON PARKS AREA, BRIGHTON VILLAGE AREA, ... AND STOCKDALE AT ALLEN COMMERCIAL AREA IMPROVEMENT COST INCLUDED IN THIS PAYMENT NO.3 G. RECAPITULATION a. TOTAL APPROVED FOR PAYMENT OF ITEM D PER FINAL ENGINEER'S REPORT $136.600,00 $13,860,00 $26,657.00 $179,117.00 $139,193.34 $0,00 $32,530.01 $171,723.35 b. TOTAL REQUESTED FOR PAYMENT OF ITEM D PER BRIGHTON PARKS, BRIGHTON VILLAGE, AND STOCKDALE AT ALLEN COMMERCIAL AREA PAYMENT NO.3 (PER THIS REQUEST) c. TOTAL APPROVED FOR PAYMENT OF ITEM D PER BRIGHTON PARKS, BRIGHTON VILLAGE, AND STOCKDALE AT ALLEN COMMERCIAL AREA PAYMENT NO.3 (PER THIS REQUEST) d. TOTAL FUNDS AVAILABLE FOR PAYMENT OF ITEM D IN BRIGHTON PARKS AREA, BRIGHTON VILLAGE AREA, AND STOCKDALE AT ALLEN COMMERCIAL AREA AT A LATER DATE (Also, see Note 2 below) NOTES: $0,00 I C._:.:=:.~Q:o.§j ¡ $0.00 $0,00: "--·'--"·'"1 ¡ 1- $137.258.661 ~.___~934':§!lJ $139,193.34 $139,193.34 included above $139,193.34 r-'--·$3.951':åii1 I $2.062,66 : . $2,428,00 ¡ : $0,00: j $0,00: ¡ $0.001 ¡ ~$10'169,0011 ¡ $13,919.33! ¡ ! __~,.:QO_! i.__...1...J $32,530.01 $171,723.35 $139,193.34 included above $32,530,01 $171':723.3'S $179,117.00 $171,723,35 $171,723.35 $7,393.65 1. Items funded in the Final Engineer's Report for which no payment is requested at this time and for which no payment will be requested at a latèr dàte, as confirmed by Mcintosh & Associates, Most of these items were either combined with other items, or they are not necessary for completion of the project; or they were labeled in a different manner In this Application No, 1 than in the Final Engineer's Report for AD 04-2, "..2, Since Item 0 (Jewetta Avenue Traffic Signal Improvements) is 100% complete there will be no future payment requests for that item, Therefore, the above-referenced ,,":. .,~vingš in tliø:amount of $7,393.65 may be available for payment of possible overruns in the costs of other items eligible for funding in the Brighton Parks Area. ..... "Brighton Village Area, and Stockdale at Allen Commercial Area pursuant to the AD 04,2 Final Engineer's Report, Z!l706A-3'wK4 10/29/2007 '\ TO: (OWNER) mail to: ATTENTION: EXHIBIT" A" APPLICATION AND CERTIFICATE FOR PAYMENT Castle & Cooke California, Inc, PROJECT: Assessment District 04-2 Attn: Laura Whitaker Brighton Parks/Brighton VìlIage 10000 Stockdale Highway, Suite 300 Stockdale at Allen Commercial Bakersfield, CA 93311 Improvements To Be Acquired PROCESS DATE: 9/26/07 Marian Shaw City of Bakersfield 1501 Truxtun Avenue Bakersfield CA 93301 CONTRACTOR: Castle & Cooke California, Inc, 10000 Stockdale Highway, Suite 300 Bakersfield, CA 93311 PROJECT NO: 6800.48 (04-2) OWNER'S APPLICATION FOR PAYMENT Per Exhibit B, Table B-II-B In accordance with the Acquisition Agreement, application for Payment is made for the following items of work: A. STOCKDALE HIGHWAY - NORTH SIDE (Tentative parcel Map No. 11192 Frontage) a. c. d. f. j. k. GRADING SEWER IMPROVEMENTS STREET IMPROVEMENTS MISCELLANEOUS IMPROVEMENTS INCIDENTAL COST Total Stockdale Highway - North Side (Tentative Parcel Map No. 11192 Frontage) Improvements, Contingency, and Incidentals $ 42,277.24 $220,640.00 $189,436.10 $130,400.71 $139.407.93 $722,161.98 B. ALLEN ROAD - EAST SIDE (Tentative parcel Map No. 11192 and Tract No. 6281 Frontages) a. d. e. f. g. k. I. GRADING STORM DRAIN IMPROVEMENTS STREET IMPROVEMENTS STREET (TRAFFIC SIGNAL) IMPROVEMENTS MISCELLANEOUS IMPROVEMENTS INCIDENTAL COST Total Allen Road -East Side (Tentative Parcel Map 11192 & Tract 6281 Frontage) Improvements, Contingency, and Incidentals $ 14,807.00 $ 24,300.00 $449,268.80 $142,903.43 $ 30,500.00 $119.162.84 $780,942.07 D. JEWETTA A VENUE TRAFFIC SIGNAL IMPROVEMENTS (At the Intersection of Jewetta Ave. & Wincanton Dr. in Tract 6250) b. TRAFFIC SIGNAL IMPROVEMENTS $139,192.34 f. INCIDENTAL COSTS $ 32.530.01 g. Total Jewetta Avenue Traffic Signal Improvements $171,723.35 (Intersection of Jewetta Ave. & Wincanton Dr. Tract 6250) Improvements, Contingency,and Incidentals E. CITY OF BAKERSFIELD FACILITIES FEES a. b. FACILITIES FEES Total City of Bakersfield Facilities Fees $428.574.40 $428,574.40 The above items of work are 100% complete, The above amounts are the actual costs for each item of work as outlined in Exhibit "B" of the Engineer's Report ENGINEER'SCERTIFICATE FOR PAYMENT ) , In accordance with the Contrac observations and the data c The Engineer certifies to progressed to the poin . knowledge, infonnati is in accordance with Contractor is entitled This Certificate is not negotiable, The AMOUNT CERTIFIED is payable only to the Contractor named herein, Insurance, payment and acceptance of payment are without prejudice to any rights of the Owner or ontractor under this Contract. OWNER'S CERTIFICATION Castle & Cooke California, Inc. hereby certifies that the materials or services shown hereon were furnished to the City of Bakersfield: that no part thereof has been paid; that the items of this claims are just and legal; that there is due the undersigned the amount shown hereon. CASTLE & COOKE CALIFORNIA, INC. 10000 STOCKDALE HIGHWAY, SUITE 300 BAKE SFIELD, CA 93311 to' Cl,IAC{Ü)~ LAURA WHITAKER-VICE PRESIDENT IJ TICOR TITLE INSURANCE COMPANY" GUARANTEE NO.: CATT0723-0723-0051-0023513241-TICOR-2007-G9 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, Ticor Title Insurance Company a corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. é2J (>-"v\ò.. 'rl ~ Cou6':ersigned ~ Tleor Title Insurance Company /'~ßü~, BY ~gn I I /f/~ . ,(~~v.í'~~d\ t' 'of., . '.M,. L ¡ ~" .....0 \ .....id.nt !\~,SEAl)l!~AlT&ST C:ßIj " -,,--,.' / (^/i "......~ "",,,I' G1YVf. ~ s.cretuy - Mechanic's Lien Guarantee CLTA Guarantee Fonn No, 9 (12/15/95) Guarantee No. CA lT0723-0723-0051-0023513241- TICOR- 2007 -G9 SCHEDULE A MECHANIC'S LIEN GUARANTEE Liability: Fee: $1,000.00 $200.00 1. Name of Assured: City of Bakersfield 2. Date of Guarantee: September 20,2007,07:30 A.M. The assurances referred to on the face page hereto are: That, according to those public records which impart construcöve notice of matters relating to the title to the land described herein, there are no NOTICES OF COMPLETION NOTICES OF CESSATION OF LABOR NOTICES OF NON-RESPONSIBILllY ClAIMS OF SfAllITORY UENS FOR LABOR OR MATERIALS (OTHER THAN SUCH CLAIMS FOR WHICH A RELEASE APPEARS IN SAID RECORDS), OR NOTICES OF THE PENDENCY OF AcnONS TO FORECLOSE SUCH liENS, recorded subsequent to May 11, 2006, which purport to affect said land, other than those shown below under Exceptions. The land referred to in this guarantee is described as follows: See Exhibit "A" attached hereto and made a part hereof ) 1 Mechanic's Uen Guarantee Cl TA Gwrantee Form No.9 (6/6192) Guarantee No. CATT0723-0723-00S1-0023513241-11COR-2007-G9 EXHIBIT "A" \ Î SEE ATTACHED 2 Mectlanlc's lien Gual'ilntee Cl TA Gual'ilntee Form No. 9 (616/92) \ Guarante,e No. CATI0723-0723-0051-0023513241-nCOR-2007-G9 SCHEDULE A (CONTINUED) Exceptions: None END OF EXCEPTIONS 3 Mechanic's Uen Guarantee CLTA Guarantee Form No, 9 (6/6/92) EXHIBIT U A" ASSESSMENT DISTRICT NO. 04-2 LEGAL DESCRIPTION BEING THOSE PORTIONS OF SECTION 36, TOWNSHIP 29 SOUTH, RANGE 26 EAST AND SECTION 1, TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS: PARCEL "A": BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 36, SAID POINT ALSO BEING ON THE CENTERLINE OF ALLEN ROAD; THENCE ALONG THE FOLLOWING THIRTY ~EIGHT (38) COURSES: 1) NORTH 00°40'55" EAST, ALONG THE WEST LINE OF SAID SECTION AND THE CENTERLINE OF ALLEN ROAD, A DISTANCE OF 40.09 FEET; THENCE 2) DEPARTING SAID WEST LINE AND SAID CENTERLINE. SOUTH 89°19'05" EAST, A DISTANCE OF 65.00 FEET; THENCE 3) SOUTH 44°09'45" EAST, A DISTANCE OF 35.23 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 8,070.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 00°59'30" WEST; THENCE 4) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°17'35", AN ARC DISTANCE OF 182.12 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 8,070.00 FEET. FROM WHICH POINT A RADIAL LINE BEARS SOUTH 07°00'32" WEST; THENCE 5) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°51'42", AN ARC DISTANCE OF 121.36 FEET TO THE BEGINNING OF A NON"TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 8,060.00 FEET. FROM WHICH POINT A RADIAL LINE BEARS SOUTH 04°00'18" WEST; THENCE 6) EASTERLY ALONG SAID CURVE, THROUGH A CE'NTRAL ANGLE OF 00D56'24", AN ARC DISTANCE OF 132.23 FEET; THENCE 7) NORTH 49°38'37" EAST, A DISTANCE OF 21.37 FEET; THENCE 8) NORTH 04°15'13" EAST, A DISTANCE OF 7.38 FEET; THENCE 9) SOUTH 85°44'47" EAST, A DISTANCE OF 58.85 FEET; THENCE 10) SOUTH 40°24'02" EAST, A DISTANCE OF 18.53 FEET; THENCE 11) SOUTH 85°08'20" EAST, A DISTANCE OF 112.01 FEET; THENCE 12)SOUTH 78°47'30" EAST, A DISTANCE OF 90.65 FEET TO THE BEGINNING OF A NON-TANGENT CURVE. CONCAVE NORTHERLY, HAVING A RADIUS OF 7,945.00 FEET. FROM WHICH POINT A RADIAL LINE BEARS NORTH 04°06'40" EAST; THENCE 13) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°55'29", AN ARC DISTANCE OF 405.54 FEET; THENCE 14) SOUTH 88°48'02" EAST, A DISTANCE OF 112.37 FEET; THENCE 15) NORTH 46°11'58" EAST, A DISTANCE OF 27.60 FEET; THENCE Q:\PROJECTS\680048\LEGALS\OO48AD04_2 A-G.doc GC 9f25/2007 EXHIBIT "A" ASSESSMENT DISTRICT NO. 04-2 LEGAL DESCRIPTION (CONTINUED) 16) NORTH 01°11'58" EAST, A DISTANCE OF 4.49 FEET; THENCE 17) SOUTH 88°48'02" EAST, A DISTANCE OF 60.00 FEET; THENCE 18) SOUTH 43°48'02" EAST, A DISTANCE OF 18.38 FEET; THENCE 19) SOUTH 88°48'02" EAST, A DISTANCE OF 15'0.00 FEET;THENCE 20) SOUTH 81°49'56- EAST, A DISTANCE OF 90.67 FEET; THENCE 21) SOUTH 88°48'02" EAST, A DISTANCE OF 112.12 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 3,055.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 01°11'44" WEST; THENCE 22) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°16'30", AN ARC DISTANCE OF 121.30 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 3,058.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 02°26'57" WEST; THENCE 23) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°20'13", AN ARC DISTANCE OF 124.73 FEET; THENCE 24) NORTH 50°41'39" EAST, A DISTANCE OF 20.97 FEET; THENCE 25) NORTH 06°36'08" EAST, A DISTANCE OF 10.46 FEET; THENCE 26) SOUTH 83°23'52" EAST, A DISTANCE OF 58.00 FEET; THENCE 27)SOUTH 38°30'11" EAST, A DISTANCE OF 18.42 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 3;069.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 06°23'30" WEST; THENCE 28) EASTERLY AlONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°52'02", AN ARC DISTANCE OF 153.58 FEET; THENCE 29)SOUTH 71°09'10" EAST, A DISTANCE OF 92.99 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 3,060.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 11 °59'49" WEST; THENCE 30) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°14'3711, AN ARC DISTANCE OF 280.05 FEET TO THE CENTERLINE OF JEWETTA AVENUE, SAID POINT ALSO BEING THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE EASTERlY, HAVING A RADIUS OF 2000.00 FEET, FROM WHICH POINT A RADIAL UNE BEARS SOUTH 70°59'36" EAST; THENCE 31)SOUTHERLY ALONG SAID CURVE AND THE CENTERLINE OF JEWETfA AVENUE, THROUGH A CENTRAL ANGLE OF 01°43'09", AN ARC DISTANCE OF 60.01 FEET TO THE CENTERLINE OF STOCKDALE HIGHWAY, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 3,000.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 17°13'22" WEST; THENCE a:\PROJECTS\680046\LEGALS\0048AD04_2 A·C.doc GC 9/2512007 EXHIBIT "A" ASSESSMENT DISTRICT NO. 04..2 LEGAL DESCRIPTION (CONTINUED) 32)WESTERL Y ALONG SAID CURVE AND THE CENTERLINE OF STOCKDALE HIGHWAY, THROUGH A CENTRAL ANGLE OF 16°01'38", AN ARC DISTANCE OF 839.18 FEET; THENCE 33)NORTH 88°48'02" WEST, CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 557.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 8,000.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 01°11'12" EAST; THENCE 34) WESTERLY ALONG' SAID CURVE AND CONTINUING ALONG SAID CENTERLINE, THROUGH A CENTRAL ANGLE OF 03°03'33", AN ARC DISTANCE OF 427.14 FEET; THENCE 35) NORTH 85°44'47" WEST, CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 248.04 FEET TO THE BEGINNING OF A NON-TANGENT' CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 8,000.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 04°14'32" WEST; THENCE 36)WESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID CENTERLINE, THROUGH A CENTRAl ANGLE' OF 03°29'07u, AN ARC DISTANCE OF 486.64 FEET; THENCE 37) NORTH 89°11'45" WEST, CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 56.66 FEET TO THE CENTERLINE OF ALLEN ROAD; THENCE 38) NORTH 00°31'54" EAST, ALONG THE CENTERLINE OF ALLEN ROAD, A DISTANCE OF 54.66 FEET TO THE POINT OF BEGINNING. CONTAINING 3.83 ACRES, MORE OR LESS. PARCEL "B": COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36, SAID POINT ALSO BEING ON THE CENTERLINE OF JEWETTA AVENUE; THENCE NORTH 00°40'55" EAST, ALONG THE WEST LINE OF SAID SECTION AND THE CENTERLINE OF ALLEN ROAD, A DISTANCE OF 40.09 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING TWENTY-SIX (26) COURSES: 1) NORTH 00°40'55" EAST, CONTINUING ALONG SAID WEST LINE AND SAID CENTERLINE, A DISTANCE OF 1,718.84 FEET; THENCE 2) DEPARTING SAID WEST LINE AND SAID CENTERLINE, SOUTH 89°19'05" EAST, A DISTANCE OF 55.00 FEET; THENCE 3) SOUTH 00°40'55" WEST, A DISTANCE OF 722.49 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1,422.38 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 87°40'10" EAST; THENCE Q:\PROJECTS\680048\LEGAlS\0048AD04-2 A-C.doc GC 912512007 EXHIBIT "A" ASSESSMENT DISTRICT NO. 04·2 LEGAL DESCRIPTION (CONTINUED) 4) NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°00'29", AN ARC DISTANCE OF 124.32 FEET; THENCE 5) SOUTH 00°40'55" WEST, A DISTANCE OF 293.62 FEET; THENCE 6) SOUTH 89°19'05" EAST, A DISTANce OF 6.00 FEET; THENCE 7) SOUTH 00°40'55" WEST, A DISTANCE OF 10.00 FEET; THENCE 8) SOUTH 44"39'32" EAST, A DISTANCE OF 30.93 FEET; THENCE 9) SOUTH 90°00'00" EAST, A DISTANCE OF 10.00 FEET; THENCE 10) SOUTH 00°00'00" EAST, A DISTANCE OF 6.00 FEET; THENCE 11)SOUTH 90000'00"WEST, A DISTANCE OF 27.16 FEET; THENCE 12) SOUTH 05°31'08" EAST, A DISTANCE OF 100.47 FEET: THENCE 13) SOUTH 45°20'28" WEST, A DISTANCE OF 28.12 FEET; THENCE 14) SOUTH 00"40'55" WEST, A DISTANCE OF 43.44 FEET; THENCE 15) SOUTH 01 °24'02" EAST, A DISTANCE OF 98.02 FEET; THENCE 16)CONT1NUE SOUTHERLY ALONG SAID LINE, A DISTANCE OF 46.52 FEET; THENCE 17) SOUTH 05"35'38" WEST, A DISTANCE OF 90.33 FEET; THENCE 18) SOUTH 01°24'02" EAST, A DISTANCE OF 12.26 FEET; THENCE 19) SOUTH 45°00'50" EAST, A DISTANCE OF 20.55 FEET: THENCE 20) SOUTH 88°48'02" EAST, A DISTANCE OF 11.97 FEET; THENCE 21) SOUTH 01°11'58"WEST, A DISTANCE OF 57.12 FEET; THENCE 22) SOUTH 45°56'27" WEST, A DISTANCE OF 19.89 FEET; THENCE 23) SOUTH 00"40'55" WEST, A DISTANCE OF 149.88 FEET; THENCE 24) SOUTH 11"04'15" WEST, A DISTANCE OF 61.00 FEET: THENCE 25) SOUTH 00°40'55" WEST, A DISTANCE OF 83.28 FEET; THENCE 26)NORTH 89"19'05" WEST, A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2.57 ACRES, MORE OR LESS. PARCEL "e": COMMENCING AT THE CENTERLINE INTERSECTION OF JEWETTA AVENUE AND WINCANTON DRIVE; THENCE NORTH 36°31'56" WEST, ALONG THE CENTERLINE OF WINCANTON DRIVE, A DISTANCE OF 73.29 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING THIRTEEN (13) COURSES: 1) DEPARTING SAID CENTERLINE, NORTH 53°28'04" EAST, A DISTANCE OF 37.50 FEET; THENCE 2) SOUTH 36"31'56" EAST, A DISTANCE OF 2.96 FEET; THENCE 3) SOUTH 80"17'48" EAST, A DISTANCE OF 27.67 FEET; THENCE 4) SOUTH 32°28'56" EAST, A DISTANCE OF 97.04 FEET; THENCE 5) SOUTH 10"07'14" WEST, A DISTANCE OF 28.65 FEET; THENCE 6) SOUTH 35"3r11" EAST, A DISTANCE OF 10.00 FEET; THENCE 7) SOUTH 54°22'49" WEST, A DISTANCE OF 60.00 FEET; THENCE Q:\PROJECTS\680048\LEGALS\0048AD04_2 A-G.doc GC 9/2512007 EXHIBIT "Au ASSESSMENT DISTRICT NO. 04-2 LEGAL DESCRIPTION (CONTINUED) 8) NORTH 35°37'11" WEST, A DISTANCE OF 3.00 FEET; THENCE 9) NORTH 81"21'46" WEST, A DISTANCE OF 28.65 FEET; THENCE 10) NORTH 40°00'58" WEST, A DISTANCE OF 97.12 FEET; THENCE 11) NORTH 08°06'43" EAST, A DISTANCE OF 28.11 FEET; THENCE 12) NORTH 36°31'56" WEST, A DISTANCE OF 8.19 FEET; THENCE 13)NORTH 53°28'04" EAST, A DISTANCE OF 37.50 FEET TO THE POINT OF BEGINNING. ' CONTAINING 14,716 SQUARE FEET, MORE OR LESS. McINTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield, CA 93309 (661) 834-4814 Q:\PROJECTS\680048\LEGALS\0048AD04_2 A-C.doc GC 9/2512007 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the p~blic records.. . (b) (I) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) Proceedmgs by a pubhc agency whIch may result in taxes or assessments, or notices of such proceedings. whether or not the matters excluded under (I) or (2) are shown by the records of the taxing authority or by the public records. (c) (I) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights. claims or title to water, whether or not the matters excluded under (I), (2) or (3) are shown by the public records. 2, Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee. the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A) of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. " (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (I) which are created, suffered, assumed or agreed to by one or more ofthe Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. ( c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority ofany matter shown or referred to in this Guarantee. J. DefinItion of Terms. The following terms when used in the Oualllntee mean: (a) the "Assured": the party or panies named as the Assured in tlús Guarantee, or on a supplemental wriling executed by the Coßllany. (b) "land": tlte land described or n:ferred 10 in Schedule A and improvemenls affixed thereto which by law constitute real property. The tenn "land" does not include any property beyond Ihe lines of the area descnDed or noferred 10 in Schedule A. nor any right, lille. inlcresl. estate or e<lSCment in abutting slrCets. mads, avenues. alley., lanes, wa~ or watelWa~, (c) "mortgage": mortgage, deed of lIUsl, lrusl deed, Of olber securily instturnent. (d) ''public recoids": recoids eSlablished under slate stalutes al Date of Guarantee for the pUlJlose of imparting constl1lCtive notice of malten¡ relaling to real pro~ to purchaselll for value aod without knowled8ll. (e) "date": dte effi:clive date. 2. Notice of Claim to be GIven by Assured Claimant. An Assured shall notil}< the Company promptly in writing in case knowledge shall come to an AssuRd hereunder of any claim oftille or inlercst which is advene to the litle to the eslale or Inteml, as slated heleÌD, ami which might cause loss or damage for which the Company may be liable by virtue of this Guaranlee. If prompt notice shall not be given 10 the Company, then allliabllily of the Company shalllenninate with Iegard 10 the mailer or ma""n for which prompl notice is requiRd; provided, however, thaI failure to notil}< the CoßV<lny shall in no case ~judice the righlS of any Assured under Ihis Guaran1ee unless the Company shall be prejudiCed by the failure amllhen only 10 the CIIlent of the prejudice. J. No Duly to Defend or Prosecute The COllllany shall have no duty 10 defend or prosecute any action or proceeding 10 which the Assured is a par1r. notwithstanding the nallUe of all)' allegation in such action or proceeding, 4. Company'. Oplion to Defend or Proncute Actions: Duly of Assured Claimant to Cooperate. Even though the Company has 110 duty to defend or prosecute as sel forth in Parngraph 3 above: (arIbe Col\llany shall have Ihe righl, at ils sole option and cosl, 10 institule and prosecule any action or proceeding, illterpose a defense, as limited in (b). or 10 do any other act which in ¡IS opinion may be necessary or desirable 10 establish the lille to the eslale or inleresl as slaled herein, or 10 establish Ihe lien rights of the Assured. or 10 prevent or red\IÇe loss or damage to lhe Assurcd. The COßV<lny may take any appropriate action under the teRN oflhis Guaranlee, whether or not it shall be liable henoWlder. and shall not thereby concede liability or waive any provision of lIns Guarantee, If Ihe Company shall exercise its righls WIder this paragraph, it shall do so diligenlly. ì (b) If the Company elects to exelCise ¡Is optiom as slated in / Paragraph 4(a) the Col\llany shall have the right to select counsel of its choice (subject to the right of such Assured 10 GUARANTEE CONDITIONS AND STIPULATIONS object for reasonable cause) 10 represent the Assured and shall not be liable forand will nol pay the fees ofany other CO\nseL nor will th. Company pay any fees, costs or expenses incurred by an AssuRd in the defense of those causes of action which allege matters awt covered by this Guarantee. (c) Wheneverlhe Company shall have brought an action or intelpOsed a defense as pemútted by the provisions of this Guarantee, the Company may p¡m;ue any litigation to final delelmination by a court of col\lletentjurisdiclionand expnossly reselVes tIIc right, in ils sole discætion, 10 appeal from an advene judgment or order. (d) lnall cases wheæ tlús Guaralllee permits the Col\llany \0 prosecute or provide for the delènse of any action or proceeding, an Asswed shall secqæ 10 the Comþany Ihe right 10 so prosecute or provide for the defense of any ection or proceeding, alld all appeals dlCrein, and permit the Company to use. at its option, the name of such Assured for this pwpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give tbe Co¡q¡allY all reasonable aid in any aclion or proceeding, securing evidence. obtaining witnll8Ses, proseculing or defending Ibe aclion or lawful acl which in the opinion of the Company may be necessary or desirable to establish the title 10 the estate or interest lIS staled herein, or to ostablish the lien rights of the Assured. If the Company is prejudiced by the faUUIII ofthe Assunod 10 furnish Ih. requiæd cooperation. the COIl1l8ny's obligalions to the Assuæd under the GUllrantee shalllenninate. 5. Proof of Loss or Damllge. In addition to and after the notices required under Section:'. of these Conditions and Stipulations have been provided to the Company, a proof ofross or damage signed and sworn to by the Asswed shall be IiImished 10 Ihe Col\llany will.ill ninety (90) days after the ASSUled shall asceJ1ain the facts giving rise 10 the loss or damaS". The proof of loss or damage shall describe the matten covered by this Guarantee which cons/IMc the basis of loss or damage and shall slate, to the extent possible. the basis of calculating tbe amount of the loss or damage. If the Colqlllny is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guaralltee shall tenninalc. In addition. the Assured may n:asonably be requiml 10 submit to examination under oath by any aulllOlÌZed representalive of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designaled by any authorized repnosenlalÍveoflhe Co¡q¡any, all nocoids, books, ledgers. checks, correspondence and memolllnda. whether bearing a dale befoæ or after Date of Guarantee, which reasonably pellain 10 lhe loss or damage, Further, if requested by any aulhori7.ed represenlative of the Company. the AssuRd shall grant its permission, in writing, for any authorized representative of the Company 10 examine, inspect and copy all ",conls, books, ledgers, check., correspondence and memoranda in Ihe cuslody or control of a tlúrd party, which reasonably pellain 10 the loss or damage, AU information designated as confidential by the AssuRd provided to the Company pursuant 10 tlús Seclion shallllOt be disclosed to others unless, in lh. reasonable judgment of the Coßllany, it is necessary in the admi!ÚslllllÍon of the claim Pailwe of the Asswed to submit for examinalion under oath, produce other reasonably requested information or granl pemússion to secure reasonably necessary infonl18tion !Tom lhird parties as requiRd in the above paragraph. unless prohibited by law or govenunenlal regulation. shall tenninate any liability of the Company under dùs Guarantee to the Assured for thaI claim. 6. Options to Payor Otherwise Settle Oaims: TerminatloD of LIability. In case of a claim under tlús Guaranlee, the Company shall have the following additional options: (a) To Payor Tender Payment of/he AlI1(lunt of Liability or 10 Purchase the Indebtedness. The Co¡q¡any shall have Ihe option 10 payor setlle or compromise for or in lbe name ofthe Assured allY claim which could resull in Joss to the Assured wilhin the coverage of tlús Guaranœe, or to pay Ihe full amounl oftlús Guarantee or. ¡fthis Guaranlee is issued for lhe benefit of a holder of a morl¡'ouge ora lienholder, the Company shall have the option to purehase the indebtedness secured by said mortgage or said lien for the amount owing thereon, logelher with any cOsts. reasonable al\omeys' fees and expenses inculTCd by the Assured clahnalll which were authorized by the COlJ1lany up 10 1I¡e lime of purchase. Such purchase. payment or tender of payment of the full amount of the Guarnntee shalllenninate all liability of lhe Company hereunder. In the event after notice of claim has been given 10 lhe Company by the Assured the CompallY ofTen 10 purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebledness. Iogether willI any collateral security, to the CompallY upon payment of the purchase price. Upon the exercise by the Company of the option provided fur in Paragraph (a) lhe Compan)''s obligation to the Assured uoder this Guarantee for the claimed loss or daDlage. other Ihan 10 make the paymem required in that paragraph. shall terminate, includinll any obligation to continue the defense or prosecution of an,y Iiligation for which the COlJ1lany has exercised its optiollS under Paragraph 4, and the Gualllnlec shall be surrendeRd 10 the Company for ea~lIalion, (b) To Payor OlhelWise Sellle Wilh PartiesOlherThan the ABsuRd or With the Assured Claimant. To payor otherwise sellle with olher parties for or in the nlllJ1e of an Assured claiDlanl any claim assuRd against uoder this GlI8l311lee, logether with an)' costs, anomeys' fees and expenses InculTCd by the Assured claimant which were authorized by the Company up 10 the time of payment and wlûch the Col\llany is obligated to pay. Upon the exercise by the Company oflhe option provided for in Paragraph (b) the Coropany's obligation to the Assured under tlús Guarantee for the claimed loss or damage. odler than 10 makl} the paymenl required in that palllgraph. shalllenninate. including any obligation 10 conlinuc the dafensc or prosecution Mechanic's Lien Guaranlee CLTA Guaranlee Form No, 9 (12115/95) of any litigation for which the Company has exerciscd its options under Paragr.¡ph 4, 7. Determination and Extent of Liability. This Guarantee is a contract of indemnity agaillSt actual monetary loss or damage S\ll!tained or incurred by tbe Assured olaimant who has suft'cred loss or.damage by reason of reliance upon Ihe assurances set fonh in d1is Guarantee and only \0 the extent herein des<:ribed, and subject to the Exclusions From Coverage of This Guarantee. The liabilily of the Company under this Guarantee to the Assured shall not exceed the least of. ' (a) the amount ofliabilily stated in Schedule A Or in Part 2; (b) the amount orlbe unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 ofthc.se CondillollS and Stipulations or as reduced under Section 9 of theSe Conditions and Stipulations. at the time the loss ordamage assured against by this Gualllntee occurs. together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or t, intcrest subject to any defect, lien or encumbrance assured against by this Guarantee, 8. LImitation of Liablllty, (a) If the Company establishes the title, or removes the alleged defect, lien or ellÇUmblllnce, or CWll$ any other matter assured against by this Guarantee in a le8Sol18bly diligent tNUll1er by any method, Including litigation and the completion of any appeals therefrom, it shall have fully pcrfonncd its obligations with respect to that inalleralld shall not be liable lOr any loss or darl101ge caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liabilily for loss or damage until then: has been a final delennination by a OOUrt of competent jurisdiction. and disposition of all appeals tI1ccefrom, adverse to the title, as stated hen:in. (c) The Company shallllOl be Iiablo fur loss or damage 10 any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without tho priorwrilten COlllicnt of the Company. 9. Reduclion of Liability or Termination of Liability. All payments under t1ús Guarantee, except payments made fur costs, attorneys' fees and expenses pursuant 10 Paragraph 4 shall n:duce the amount of liability pro lanto, 10. Payment of LOlli, (a) No payment shall be made willwut producing this GUarantee lOr cndorsemenl of the payment unlC8SIhe (Juanll1lee It¡¡s been lost or deslloyed, in which case proof of loss or deSb'Uction shall be furnished to tho satisfacUOI1ofd1e eo.ny. (b) When liability and the extent of loss or damage has been definitely lixed in acconlancc with these Conditions and Stipulations, the loss or damage shall be payable within t1úrty (30) days thereafter. II. SubrogadoQ Upon Paymel1t or Settlement. Whenever the Company shall have settled and paid a claim under this GU8lllntee, all right of subrogation shall vest in the COIl1lany una~ted by any açt of the Assured claimant. The COI11l8llY shall be subrogated 10 and be entitled to all rights and retl1edies which the Assured would have had against any person or pmpel1y in respcctlo the claim had this Guarani.. not been issued, If requested by the Company, tho Assured shall trallSfer to the Company all ri¡:hts and remedies against any person or property necessary in order 10 pClfect this right of subrogation. The Assured shall pennit the Company to sue, COmpromise or settle in the name of the Assured and to USe the name of the Assured in any transaction or litigation involving these rights or remedies. If a pa~ on acoount of a claim docs not fill1y cover the loss of thc Assured the CoJJtlany shall be subrogated to aU rights and n:medies of the Assured after the Assured shall have recovered ilS principal, inteæst, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the COß1lllllY or the Assured may demand atbitraliQo pursuant to the Title Insurance Arbitration Rules of the American Arbitralion Association. Atbitrable mallcni may include, but are nol.lirniled to. any controversy or Çaim between the Compal1Y and the Assured arising oul of or relating to d1is Guaranlee. any serviçe of the CoJJtlany in cOlllll'Ction with its issuanoe or the bll>llÇh of a Guarantee provision or other obligatiolL All atbilmbte matters when the Amount of Liability is $1.000,000 or less shall be atbitrated at the option of either the Company or the Assured, All arbitrable matlers when the amount of liability is in excess of $1,000.000 shall be atbitrated only when agreed 10 by both the Company and the Assured. The Rules in clfect at Date of Guaranlee shall be binding upon the parties. The award may include attorneys' fees only if the Jaws ofthestato in which Ihe land is localed pennils a court to award attomeys' fees to a prevailing party. Judgmellt upon the award rendered by the AtbitraIOr(s) lIlay be entered in any court having jurisdiction thereof. The law of the situs ofthe land shall apply 10 an arbitration under the Title Insulllnce Arbitration RUrC8. A copy of the Rules may be obtained ITom the Company upon ~uesL 13. Liability Limited to ThÎl Guaraatee; Guarantee E,ntire Contra.l. (8) This Guarantee Iogether with all endorsements, ifany. allached hereto by the Company is the entire Guarantee and contract between the Assured and the Company, In intetpre!ing any provision of t1ús Guarantee. this Guarantee shall be constnled as a whole. ' (b) Any claim oflD8S or damage, wheth.er or not based on negligence, or any action assetting such claim, shall be reslricled to this Gualllntee. (e) No amendment of or endorsement to this Guarantee can be made except by a wrilÎl1gendorsed hen:on oratlached hereto signed by either the Presidel1t, a Vice President, theSecn:tary, an Assistant Secretary, or validating offioer or authori~ed signalory of the Coll1l8ny. 14, NoIices, Where Sent. All notices required 10 be given the Company and any slalement in writiogn:quired to be furnished the Company shall ino lude lhe number of tlûs GUBlllntee and shall be addn:ssed to the Company at: FNF. Southwesl CI.ilm Cenler 1791 I Von KannanAvenueSuile 300 Irvine, CA 92614 Alln: Claims Admil1istration Mechanic's Lien Guarantee CLT A Guarantee Form No, 9 (12115/95) RECORDED ATTHE REQUEST OF TICORTITLE OOMPANY WHEN RECORDED MAIL TO: James W. Fitch). Assessor- Recorder Kern County Official necords Recorded at the request of Ticor Title JASON 3/09/2005 8:01 AM DOC#: Stat Types: 1 Castle & Cooke Californiaf Inc. P.O. Box 11165 Bakersfieldf CA 93389 Attention: Carol A. Stringer 0205057009 111l1UI~lInll Fees Taxes Others PAID Contract No. 4001434 - - - -- - - -- - _.. --------- -- --- ------------- NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is CASTLE & COOKE CALI FORNIAf INC. 3. The full address of the undersigned is 10fOOO Stockdale HighwaYf Bakersfield, CA 93311. 4. The Work of Improvement on the property hereinafter described as completed on March 3f 2005. 5. The name of the contractorf if any, for such work of improvements was LOOP ELECTRIC. 6. The property on which said work of improvement was completed is in the City of Bakersfieldf County of Kernf State of Californiaf and is described as follows: Completion of Traffic Signal at Jewetta and Wincanton in Tract 6250. Signature of Owner: CASTL~ & c:,00KE CALIFORNIAf INC/, . . r, .~_ ,; ",YL,~., ~/î./i , ,. {~;~ By fuat~1~¡.{];V~\~'e-;k~ ¡;^+ ç x.<S March 7, 2005 Verification for NON-INDIVIDUAL owner. If the undersignedf declare under penalty or perjury under the laws of the State of California that I am the Senior Vice President of the aforesaid interest or estate in the property described in the above notice; that I have read the said notef that I know and understand the contents thereoff and that the facts stated therein are true and correct. March 7f 2005f Bakersfieldf CA /:' ~;' ..~. I.-?/ / C"Y/!I~.();....-\-.}._ !,~_.: Nahan D. Meeks l¡~~? Pages: 1 7.00 0.00 0.00 $7.00 COMPlETE THIS INFORMATION James W. FllCh~-R.Drd8r ... 1..1:01., ÐIf. 7111-' RlCORDItG~1IV ........... ..... 1ISD.. Ind for'" ....... of the PóllD CITY OF BAIŒRIFIELD DO(./l: 020818_ .. Tn-: 1 ,...: 1 ~II.II ftM øa WHEN RECORDED MAIL TO: 1'... I.. 0tIIerI Y!! CITY OF BAKERSFIELD MIl ... CITY CLERK 1501 TRUXTUN AVENUE BAKERSFielD, CA 93301 - 1M NOTICE OF COMPLEnOH AND ACCEPTANCE OF 1NORK (Wort WJthIn ,.,.lIIle Rlght-of.wIY) 1II1,¡1fMJ18 GIVEN th¡¢ WOfk .. œm~ an thIt œrfBin PI1liIct Icnown .. 1RACT .. 1 fOr lie l.Ildeniiinld ~on JULY 20. ~ Ioëat6d IIORIH OF STOCKDALE 'AY AND f OF JBlETTA ~ and 1bat uId DroiìCt... tpl8þb:,d ~ on JaM l' 2OØI. Tbt undellirjMil DnCY awn. the tbllawing írIeriIst i1181d pn:iperty 8bbve: righkf-war8l1d public lqmMrnenìàWlthln .. right-Gf-way. ' The ~1DeveIaaer on ~ .Dt'O.iIå was CM1LE & COOKE ~ INC.. and canIr8ct ~ Is.~ of ~ conti1Ict No. Mal. PII8Ie....... Co Rid contnlct number on all ~rptio.. ~ ~~Thø add... of the undeIIfgned IIgInCy II Cily HIlI. 1601 Truxba1 ",VInU8, . mI8 . I ded8t8nd under ~Of _lIlY. under the 18W8 fA 1118 State of Califomia. that the eonte"ta herein aretruea comtCttolhe_ ormÿk~ge. ExefMed on June 18, 2008, at Bakersfield. California. ~-~ Pubßc Worb Dncmr BY. It O:\Gø.oUPDAn~tioo\lroC\2ooð\TR ~1 (or&~).dœ ~AKE'<9.: tit ~ :t- jft :- ,... ... () ., 1')RIt'..tblA\ PLeASE COMPLETE 'tHIS INFORMATION RECORDING REQUESTED BY and for the btnIIit of the em OF BAKERSFIELD Jam.. W. Fltlb~SIOI'- RecDrder IOFIR ... co.... .,... ................ ~.PM ruMIII DOCN: 02D621483S _11Jll: 1 CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD. CA 93301 11..1 ... T_ .... PAID ,...: 1 o. ... UD ... WtEN RECORDED MAIL TO: -- NOnCE OF COMPu:noN AND ACCEPTANCE OF WORK (Wortc WlttJln Public Right-of-Way) NOTICE IS GnÆN that work was çgplpleted on that certai1Jm>.iøc.t known as TRACT 8260 UNIT 1 for the undera;anecl~ on JUNE au 200t foc:ated NORlH 'OF STOCtcDALE HIGHWAY AND WBT OF JEWETTA SIIIEET and that IBid proløct was ~ by this !ISP.IflCY on...... 21, 2008. TlIø ul)ClBnligned aaenao _ owns the foIloWtng intet8BI Tn said properr,v døScñÞed ãboVe: right-of-way and pubIlc IIq3rovemønli wfthln the rfght-of~way. The ContnIdorlDevelooer øn said prolect was CASTLE a COOKE CAUFØANtA. INC.. and conIrad number is ~ of Bakenlfleld COnIíBct No. ON02. ' Ple88ø 18fer to said canlnlct ntimber on aD çommunications relatlña to said ccntnicl The addn!ISI of the undel8lgned agency Is City Hall. 1501 Truxtun Avenue. Bllkerritl8ld. California 93301. I declare under ~Ily of JJ8lÎ4ry. under 1hø laws of the State of California, that th9 ooments herein ale true and COf'RlCl to the best of my kÍlowledge. Executed on June 21. 2006, at Bakersfield. California. ~ŒTJfJI-11-, By HAft . III ~ 'òMf"~ Q <l¡ )0. . _ .... I' - ~ ) ~ "'\l"nr~I^" . G:\GP.OUPDA1'.CtII\Sft\lClÏon\N0C\2006\TR 62So-l.doe CITY OF BAKERSFIELD CLAIM VOUCHER IVendor No. CLAIMANT'S NAME AND ADDRESS: I certify that this claim is correct and valid, and is a proper charge against the City Agency and account indicated, CASTLE & COOKE CALIFORNIA, INC. ATTN: LAURA WHITAKER 10000 STOCKDALE HWY, SUITE 300 BAKERSFIELD, CA 93311 (AUTHORIZED SIGNATURE OF CITY AGENCY) Date: 11/1/2007 Initials of Preparer: PS PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT: CITY DEPARTMENT: Public Works (Including Contract Number if Applicable) IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 04-2 BRIGHTON PARKS AREA, BRIGHTON VILLAGE AREA & STOCKDALE AT ALLEN ACQUISITION PAYMENT PROCESSING NO.3 Fund Dept. Base Ell Obit Proiect # Invoice Number Amount Comments on check stub í 677 4031 822 8041 KEA619 171,723.35 A.D. 04-2 VOUCHER TOTAL $171,723.35 ISECTION 72, PENAL CODE 'ftion 72, Presenting False Claims, Every person who with intent to defraud, ...ésents for allowance or for payment to any state board or officer, or any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony, FINANCE DEPT. USE ONLY Examined & Approved for Payment Amount C:IDocuments and SettingslpsheatslMy DocumentslAccounts PayablelAssessment District pmtslClaimvouchertemplate111 :32 PM