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Home My WebLink AboutPayment 03-3 Brighton Place II #2 ,~ , ' 'f"¡ '" ~, ',~- " , Æ· ' , ,', '. '.. .', ",.--""<,,, '-- BA'KE .R S F ;IE,L .0 . " .,.. ';, '..' '; .... .... . ", .... . . : ,..', '",... .,'" ',' " , :. .~'.. " '. . . ...: :'.' :.' '.::,.' " ',.", ", ",< ,I , '.' .' '. '" ,; . " : ,.,.., ':' . ',' '. . "', . '. ': ,...,'.. PUBLIC WORKS ~EPARTMENT )' .' .,.' '.. " , MEMORANDUM,·'·" ,','., ." . ',,·,1 ., .', .....-..,.. ~o; " '; .. ',' ," ..". ,....: : '; . .,', ,', ,:': , .,:.,...., ',.. ...'. ..,,, '".. . . :: ..' ,'. ,..., :,: ' ,,' -:. ::.'.., '. '. ,. :',.. ".,.. .'...: "". ......' ".,..1 ',' " ,TO: Sharon Traynor, Açcounting Clerk II' ". .' ," ,'. .,', ," ", .,..' .'..',.. .:',. ."..", >1 '.., 9;<1.~ ',:' .','., · '..'~ .' .".'... '. ":<';';":'/",/".1 i:' FR()M:u~i~ar.ianP.Shaw,Ci~ilEngil1eerlV '."': '".', ',,: ,:., ': ' ' " :3·::,.~:r:.~_.;" ..' " .... .". '<""',">" .....,'...,,'~.:j , i.,">, DATE: ,,' July 13,2006 :: ';.', ..' ...". ','. 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',.', , I Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 July 7, 2006 29655B John Stinson / Marian Shaw Public Works Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Re: City of Bakersfield Assessment District No. 03-3; Brighton Place II Area Acquisition Payment Processing No.2 Dear John and Marian: Wilson & Associates has finished our review process of the payment request for a portion of the Fees paid in the Brighton Place II Area of Assessment District No. 03-3 ("AD 03-3"), based on Volume II of the payment request submitted by McIntosh & Associates on behalf of Castle & Cooke (the "Applicant") dated June 2, 2006, and the updated request and information dated June 27, 2006 (collectively, the "Application No.2"), This letter and recommendation for payment pertain to the remaining portion of the fees in the Brighton Place II Area (described in Exhibit B, Table B-II-C of the Final Engineer's Report for AD 03-3). With the amount paid for all of the Brighton Place II Area improvements and a portion of the Brighton Place II Area fees (per Payment No.1 described in our latter dated July 7, 2005), after this Payment No.2 is finalized there will be no more AD 03-3 funds eligible for acquisition in the Brighton Place II Area of AD 03-3. ') After reviewing said Application No.2, we have come to the below-described conclusions and recommendations regarding this Acquisition Payment for the fees in the Brighton Place II Area of AD 03 -3. Enclosed with this letter is a table entitled "Table 1, Itemized Improvements and Acquisition Costs Approved for Payment NO.2 in Brighton Place II Area of City of Bakersfield Assessment District No. 03-3" ("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-C of the AD 03-3 Engineer's Report (which is the acquisition amount funded by the AD 03-3 proceedings) to the itemized amount paid by the Applicant for each item of work shown in the Application NO.2 and requested for payment by the Applicant. Table I 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 03-3 Acquisition Price under Payment No.2 for the Brighton Place II Area. Also enclosed is a copy of the Applicant's "Application and Certificate for Payment" form. Please note that for this Payment No.2 there is no need for providing: (i) a copy of the City issued Street Permit form (or the City issued Notice of Completion), (ii) a copy of the Applicant's Notice of Completion, and (iii) a copy of a title company's "Mechanic's Lien Guarantee," since this Payment No.2 request pertains only to the City Regional Transportation Impact Fee ("TIF") for certain lots in Tract No. 6185, and not to any improvements acquired by the City, John Stinson / Marian Shaw July 7, 2006 Page Two The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the paid AD 03-3 Brighton Place II Area Fees per Application No.2 is $162,458.00, all as itemized on the enclosed Table 1 and summarized below. The following is a recapitulation offunds recommended for payment under this AD 03-3 Brighton Place II Area Payment No.2: Improvement Acquisition Item A. STREET IMPROVEMENTS Traffic Signal at Jewetta Avenue and Milverton Way AD 03-3 Approved Amount Amount Paid Amount Amount Pursuant to Requested for Approved for Payment No. I Payment No.2 Payment No.2 $ 120,000.00 $ 106,361.00 $ 0.00 $ 0,00 B.MISCELLANEOUSIMPROVEMENTS Block Wall $ 0.00 $ 0.00 $ 0.00 $ 0.00 C.FEES Water Availability Fee $ 72,180.00 $ 82,180.00 $ 0.00 $ 0.00 Regional Transportation Impact Fee $ 388.869.00 $ 243.984.00 $ 369.920.00 $ 162.458.00 Subtotal Fees $ 461,049.00 $ 326,164.00 $ 369,920.00 $ 162,458,00 D. CONSTRUCTION CONTINGENCY $ 0.00 $ 0.00 $ 0.00 $ 0.00 E. INCIDENTAL COST $ 26.906.00 $ 12.972.00 $ 0.00 $ 0.00 F. TOTALS $ 607,955.00 $ 445,497.00 $ 369,920.00 $ 162,458.00 As also described in the notes on Table 1, the above-summarized amounts are based on the following findings: 1. Items labeled "I" in Table I "Notes" column are the items funded in the AD 03-3 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. 2. An item labeled "2" in Table 1 "Notes" column is the item requested and approved for "partial" payment at this time. The requested payment amount is for the actual number of residential units for which the TIP has been paid at the time of issuance of a building permit. The amount approved for payment at this time is the maximum amount remaining available for payment in the Brighton Place II Area of AD 03-3 after the amount paid in 2005 pursuant to Payment No.1. The actual, current TIP amount per dwelling unit is much higher than the per-dwelling-unit amount approved in the Final Engineer's Report for AD 03-3. Therefore, the Applicant has requested, and the Bond Counsel for \ i John Stinson / Marian Shaw July 7, 2006 Page Three AD 03-3 has approved such request, that the total amount remaining available for payment in the Brighton Place II Area be paid at this time (since the actual TIP cost exceeds the estimated amount and the amount remaining for payment in the Brighton Place II Area), leaving no funds available for payment of any portion of the TIP costs for the remaining 13 residential lots for which no payment request has been submitted in Application No, 2. Since TIF is paid by the Applicant from its own funds at the time a building permit is pulled for a residential lot, the AD 03-3 funds will not be used to cover any portion of those costs. Based on the findings described above and in accordance with the Application No.2, it is the recommendation of our analysis that $162,458.00 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.2 request for a portion of the fees in the Brighton Place II Area of AD 03-3. 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 Teri Bolerjack / Charlie Stevens Judy Kindig / Roger McIntosh Laura Whitaker ) ~ TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.2 IN BRIGHTON PLACE II AREA OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 03-3 A. TRACT NO. 6185 (Traffic Signal and Fees) a. STREET IMPROVEMENTS Traffic Signal at Jewella Ave. & MilvertonWayr-- 1 EA 120000.00 $120,000.0011 TOTAL STREET IMPROVEMENTS $120,000.00 b. MISCELlANEOUS IMPROVEMENTS Block Wall 1 ° LF 0.00 $0,001 1 0.00 LF 0.00 $0.00 I 1 $0.00 I I 0.00 LF 0.00 $0.001 I $0.00 I TOTAL MISCELLANEOUS IMPROVEMENTS $0.00 $0.00 $0.00 $0.00 $0.00 c. FEES Water Availability Fee Regional Transportation Impact Fee Regional Transportation Impact Fee TOTAL FEES d. SUBTOTAL IMPROVEMENT COST e. CONSTRUCTION CONTINGENCY f. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY g. INCIDENTAL COST Design Engineering Improvement Bonds Construction Staking Soils and Materials Testing and Report Contractor Supervision and Overhead Bid Documents Plan Check and Inspection Fees Construction Inspection Fees TOTAL INCIDENTAL COST h. TOTAL TRACT NO. 6185 (Traffic Signal and Fees) IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS B. TOTAL BRIGHTON PLACE II AREA IMPROVEMENT COST (Item A) a. IMPROVEMENTS b. CONTINGENCY c. INCIDENTALS d. TOTAL BRIGHTON PLACE II AREA IMPROVEMENT COST C. RECAPITULATION a. TOTAL APPROVED FOR PAYMENT PER FINAL ENGINEER'S REPORT b. TOTAL APPROVED FOR PAYMENT NO.1 c. TOTAL APPROVED FOR PAYMENT NO.2 (PER THIS REQUEST) d. TOTAL FUNDS AVAILABLE FOR PAYMENT AT A LATER DATE (In Bñghton Place II Area of Assessment District No. 03-3) Item Item Descñption ENGINEER'S REPORT ESTIMATE Unit Total Quantity Units Cost Cost REQUESTED FOR PAYMENT NO.1 Unit Total Quantity Units Cost Cost 1.00 EA 106361.00 REQUESTED FOR PAYMENT NO.2 Unit Total Quantity Units Cost Cost "j $106,361.õõll $106,361,00 I I 0,00 EA 0.00 $0,00 II $0,00 1 $106,361.00 $106,361.00 $0.00 $0.00 36.09 AC 177 DU 2000,00 2197.00 $72,180.00 $388,869.00 41.09 AC 104 DU 2000.00 2346.00 $82,180.00 $243,984.00 $461,049.00 $581,049.00 $0.00 $581,049.00 $326,164.00 $432,525.00 $0.00 $432,525.00 í-'.----., I I I I $6,844,00 $0.00 $2,136.00 $0.00 $0.00 $0,00 $2,437,00 $1,555.00 $12,972.00 $445,497.00 ; r---.----... $7,200.00 I : $4,860,00 ' $4,800,00 $3.600.00 $0.00 $0.00 $2,846.00 $3,600.00 $26,906.00 $607,955.00 $581,049.00 $0.00 $26,906.00 $607,955.00 $432,525,00 $0.00 $12,972.00 $445,497.00 r- $6,844.00 $0.00 $2,136.00 $0,00 $0,00 $0,00 $2,437,00 $1,555,00 $12,972.00 $445,497.00 $432,525,00 $0,00 $12,972.00 $445,497.00 0.00 AC 26 DU 34 DU 0,00 5780.00 6460,00 $0.00 $150,280.00 $219,640,00 $369,920.00 $369,920.00 $0.00 $369,920.00 2 ~~:~~ II $0.00 $0.00 $0.00 I $0,00 $0.00 $0,00 $0.00 $369,920.00 $369,920,00 $0,00 $0.00 $369,920.00 $162,458.00 $0.00 $0.00 $162,458.00 $607,955.00 $445,497.00 $162,458.00 $0.00 NOTES: 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 later date, as confirmed by Mcintosh & Associates, 2. Item requested and approved for "partial" payment at this time, The requested payment amount is for the actual number of residential units for which the Regional Transportation Impact Fee (TIF) has been paid at the time of issuance of a building permit. The amount approved for payment at this time is the maximum amount remaining available for payment in the Brighton Place II Area of AD 03-3 after the amount paid in 2005 pursuant to Payment No, 1. 29655B-2WK4 07/07/2006 , . EXHIBIT "A" APPLICATIONAND CERTIFICATE FOR PAYMENT TO: (OWNER) Castle & Cooke California, Inc. PROJECT: 10000 Stockdale Highway Bakersfield, CA 93311 Assessment District 03-3 Brighton Place II Area hnprovcrnents Tract No. 6185 PROCESS DATE: 6/27/2006 J ATTENTION: Marian Shaw City of Bakersfield 1501 Truxtun Avenue Bakersfield. CA 93301 CONTRACTOR: Castle & Cooke California, Inc. 10000 Stockdale Highway Bakersfield, CA 93311 PROJECT NO: 6800.48 (II) OWNER'S APPLICATION FOR PAYMENT In accordance with the Acquisition Agreement, application for Payment is made for the following items of work: Per Exhibit B-II-C, for Brighton Place II Area Improvements: A. TRACT No. 6185 (Traffic Signal and Fees) a. Street Improvements $ 0.00 b. Miscellaneous Improvements $ 00.00 c. Fees, $369,920.00 d. Subtotal Improvement Cost $369,920.00 e. Construction Contingency $ 00.00 f. Sub-Total Improvement Cost & Contingency $369,920.00 g. Incidental Cost $ 0.00 h. Total Tract No. 6185-.(Traffic Signal and Fees) Improvements, Contingency, and Incidentals $369,920.00 ) The above items of work are 100% complete. The above amounts are the actual costs for each item ofwolk as outlined in Exhibit "a" ofthe Engineer's Report. In accordance with the observations and the The Engineer cer1ifi progressed to the p knowledge, infonu is in accordance w' Contractor is entitl 'ER'S CERTIFICATE FOR PAYMENT e: fø"'Z7-o (p By: Roger A. McIntosh RCE 33322 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 Contractor under this Contract OWNER'S CERTIFICATION Castle & Cooke California, Inc. hereby certifies that the materials or services shown hereon were funùshed 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 ~RSFlEill' CA 93311. C1JJ/}a tù~ LAURA WHITAKER-VICE PRESIDENT /,..,., ¿¿ .-" CITY OF BAKERSFIELD CLAIM VOUCHER Vendor No. CLAIMANT'S NAME AND ADDRESS: r-l co~ CASTLE & COOKE CALIFORNIA, INC. 10000 STOCKDALE HIGHWAY, SUITE 300 BAKERSFIELD, CA 93311 ATTN: LAURA WHITAKER PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT: I certify that this claim is correct and valid, and is a proper charge against the City Agency and account indicated, (AUTHORIZED SIGNATURE OF CITY AGENCY) Date: 7/13/2006 Initials of Preparer: GE CllY DEPARTMENT: Public Works (Including Contract Number if Applicable) IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 03-3, THE REMAINING PORTION OF THE FEES IN THE BRIGHTON PLAÇE II AREA IMPROVEMENTS Fund Dept. ) Base Element Project # Invoice Number b,5 4031 822 8041 KEA618 VOUCHER TOTAL Amount Comments on check stub $162,458.00 $162,458.00 FINANCE DEPT. USE ONLY I SECTION 72, PENAL CODE , 'ion 72, Presenting False Claims. Every person who with intent to defraud, ~ J ,ts for allowance or for' payment to an}f state board or officer, or any c\.,. ".y, 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, Examined & Approved for Payment Amount CITY OF BAKERSFIELD CLAIM VOUCHER \ IVendor No. CLAIMANT'S NAME AND ADDRESS: r-( co~ CASTLE & COOKE CALIFORNIA, INC. 10000 STOCKDALE HIGHWAY, SUITE 300 BAKERSFIELD, CA 93311 ATTN: LAURA WHITAKER PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT: I certify that this claim is correct and valid, and is a proper charge against the City Agency and account indicated, (AUTHORIZED SIGNATURE OF CITY AGENCY) Date: 7/13/2006 CITY DEPARTMENT: Initials of Preparer: GE Public Works (Including Contract Number if Applicable) IMPROVEMENTS FOR ASSESSMENT DISTRICT NO, 03-3, THE REMAINING PORTION OF THE FEES IN THE BRIGHTON PLACE II AREA IMPROVEMENTS Fund Dept. Base Element Project # Invoice Number \ I b/5 822 8041 KEA618 4031 VOUCHER TOTAL Amount Comments on check stub $162,458,00 $162,458.00 FINANCE DEPT. USE ONLY SECTION 72, PENAL CODE Section 72, Presenting False Claims, Every person who with intent to defraud, r ~ts for allowance or for' payment to any state board or officer, or any C~" ",'I, 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. Examined & Approved for Payment Amount G:lengISHARE DlExcellClaimVoucherslC laimVoucher.xls4: 11 PM Æ . - BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Sharon Traynor, Accounting Clerk II FROM: ~~arian P. Shaw, Civil Engineer IV DATE: July 13, 2006 SUBJECT: ASSESSMENT DISTRICT NO. 03-3 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. 03-3, the remaining portion of the fees in the Brighton Place II area improvements. 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). $162,458.00 Send $162,458.00 to: Castle & Cooke California, Inc. 10000 Stockdale Highway, Suite 300 Bakersfield, CA 93311 Attention: Laura Whitaker 03-3reimb2,2.doc prepared Thursday, July 13,2006 3:33PM \~t \-- ~ ~~ r' ~Ü~ ~J ~ xc: Nelson Smith, Finance Director Bob Sherfy, Deputy City Attorney ) \ Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 July 7, 2006 29655B John Stinson / Marian Shaw Public Works Department City of Bakersfield 1501 TlUxtun Avenue Bakersfield, CA 93301 Re: City of Bakersfield Assessment District No. 03-3; Brighton Place II Area Acquisition Payment Processing No, 2 Dear John and Marian: Wilson & Associates has finished our review process of the payment request for a portion of the Fees paid in the Brighton Place II Area of Assessment District No, 03-3 ("AD 03-3"), based on Volume II of the payment request submitted by McIntosh & Associates on behalf of Castle & Cooke (the "Applicant") dated June 2, 2006, and the updated request and information dated June 27, 2006 (collectively, the "Application No.2"), This letter and recommendation for payment pertain to the remaining portion of the fees in the Brighton Place II Area (described in Exhibit B, Table B-II-C of the Final Engineer's Report for AD 03-3). With the amount paid for all of the Brighton Place II Area improvements and a portion of the Brighton Place II Area fees (per Payment No, I described in our latter dated July 7, 2005), (~fter this Payment No.2 is finalized there will be no more AD 03-3funds eligiblefor acquisition in the Brighton Place II Area of AD 03-3. ) After reviewing said Application No, 2, we have come to the below-described conclusions and recommendations regarding this Acquisition Payment for the fees in the Brighton Place II Area of AD 03-3, Enclosed with this letter is a table entitled "Table 1, Itemized Improvements and Acquisition Costs Approved for Payment No, 2 in Brighton Place II Area of City of Bakersfield Assessment District No. 03-3" ("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-Il-C of the AD 03-3 Engineer's Report (which is the acquisition amount funded by the AD 03-3 proceedings) to the itemized amount paid by the Applicant for each item of work shown in the Application No, 2 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 03-3 Acquisition Price under Payment No, 2 for the Brighton Place II Area, Also enclosed is a copy of the Applicant's "Application and Certificate for Payment" form. Please note that for this Payment No, 2 there is no need for providing: (i) a copy of the City issued Street Permit form (or the City issued Notice of Completion), (ii) a copy of the Applicant's Notice of Completion, and (iii) a copy ofa title company's "Mechanic's Lien Guarantee," since this Payment No, 2 request pertains only to the City Regional Transportation Impact Fee ("TIF") for certain lots in Tract No, 6185, and not to any improvements acquired by the City, John Stinson / Marian Shaw July 7,2006 Page Two The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the paid AD 03-3 Brighton. Place II Area Fees per Application No, 2 is $162,458.00, all as itemized on the enclosed Table 1 and summarized below, The following is a recapitulation of funds recommended for payment under this AD 03-3 Brighton Place II Area Payment No, 2: Improvement Acquisition Item A STREET IMPROVEMENTS Traffic Signal at J ewetta Avenue and Milverton Way AD 03-3 Approved Amount Amount Paid Amount Amount Pursuant to Requested for Approved for Payment No, 1 Payment No,2 Payment NO.2 $ 120,000,00 $ 106,361.00 $ 0.00 $ 0,00 B. MISCELLANEOUS IMPROVEMENTS Block Wall $ 0,00 $ 0.00 $ 0,00 $ 0,00 C. FEES Water Availability Fee $ 72,180.00 $ 82,180,00 $ 0.00 $ 0,00 ) Regional Transportation Impact Fee $ 388,869.00 $ 243,984.00 $ 369,920.00 $ 162,458,00 Subtotal Fees $ 461,049.00 $ 326,164.00 $ 369,920,00 $ 162,458.00 D, CONSTRUCTION CONTINGENCY $ 0.00 $ 0.00 $ 0,00 $ 0,00 E, INCIDENTAL COST $ 26,906,00 $ 12,972,00 $ 0,00 $ 0,00 F. TOTALS $ 607,955.00 $ 445,497.00 $ 369,920.00 $ 162,458.00 As also described in the notes on Table 1, the above-summarized amounts are based on the following findings: 1. Items labeled ''1'' in Table 1 "Notes" column are the items funded in the AD 03-3 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. 2, An item labeled "2" in Table 1 "Notes" column is the item requested and approved for "partial" payment at this time. The requested payment amount is for the actual number of residential units for which the TIF has been paid at the time of issuance of a building permit. The amount approved for payment at this time is the maximum amount remaining available for payment in the Brighton Place II Area of AD 03-3 after the amount paid in 2005 pursuant to Payment No, 1, The actual, current TIF amount per dwelling unit is much higher than the per-dwelling-unit amount approved in the Final Engineer's Report for AD 03-3. Therefore, the Applicant has requested, and the Bond Counsel for ) John Stinson / Marian Shaw July 7, 2006 Page Three AD 03-3 has approved such request, that the total amount remaining available for payment in the Brighton Place II Area be paid at this time (since the actual TIP cost exceeds the estimated amount and the amount remaining for payment in the Brighton Place II Area), leaving no funds available for payment of any portion of the TlF costs for the remaining 13 residential lots for which no payment request has been submitted in Application No, 2. Since TlF is paid by the Applicant from its own funds at the time a building permit is pulled for a residential lot, the AD 03-3 funds will not be used to cover any portion of those costs, Based on the findings described above and in accordance with the Application No.2, it is the recommendation of our analysis that $162,458.00 be paid, and that a check for that amount be made payable to Castle & Cooke California, lnc" as a payment pursuant to this Payment NO.2 request for a portion of the fees in the Brighton Place II Area of AD 03-3, 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 t&W~ ~ Ed Wilson Dejan Pavié Wilson & Associates Enclosures cc: Scott Blunck Teri Bolerjack / Charlie Stevens Judy Kindig / Roger McIntosh Laura Whitaker ~ '-...-/ '-...../ TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO, 2 IN BRIGHTON PLACE II AREA OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 03-3 -----·----------.;----ÊNGi"NEER-SREPORT ESTIMATE -'--", REQUESTED FOR PAYMENT NO, 1 --', ¡-- PAID -i ¡ REQUESTED FOR PAYMENT NO.2 -! APPROVED ;: NOTES, r-- Unit --_.~-: Il Unit Total i I PURSUANT TO I ¡-----uñit- Totaï-' 'PAYMENT PER! l' (See 1 ~~_m______.________~temDescri~___ _ LQ~a~~~~n!t~___¢.<?~_.._~j9uantity l!nit~!___ CosU ÞAY~ENTNo.:J ¡ Quantity Units Cost_____~~_..J THISREQUESTi below) I A. TRACT NO. 6185 (Traffic Signal and Fees) a. STREET IMPROVEMENTS Traffic Signal at J~;v~.!!a Ave. I!<.. Milve~J0'.?)' L.- TOTAL STREET IMPROVEMENTS b, MISCELLANEOUS IMPROVEMENTS !l!..ockWalI___.____.______=~ 0. !l=~'ººm~~_._ J.9Jl.Ql ~ _º,W--CF-=-=_O:Qº--_ ___ $0.001 C·-=___!o.c.D.QJ :~_--_.9.c.OQ_~r:_._- TOTAL MISCELLANEOUS IMPROVEMENTS $0.00 $0,00 $0,00 c, FEES Water Availability Fee Regional Transportation Impact Fee Regional Transporta!ion Impact Fee TOTAL FEES d. SUBTOTAL IMPROVEMENT COST e. CONSTRUCTION CONTINGENCY f. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY g, INCIDENTAL COST Design Engineering Improvement Bonds Construction Staking Soils and Materials Testing and Report Contractor Supervision and Overhead Bid Documents Plan Check and Inspection Fees Construction Inspection Fees TOTAL INCIDENTAL COST h. TOTAL TRACT NO, 6185 (Traffic Signal and Fees) IMPROVEMENTS, CONTINGENCY. AND INCIDENTALS B, TOTAL BRIGHTON PLACE II AREA IMPROVEMENT COST (Item A) a. IMPROVEMENTS b. CONTINGENCY c. INCIDENTALS d. TOTAL BRIGHTON PLACE II AREA IMPROVEMENT COST C. RECAPITULATION a. TOTAL APPROVED FOR PAYMENT PER FINAL ENGINEER'S REPORT b, TOTAL APPROVED FOR PAYMENT NO.1 c, TOTAL APPROVED FOR PAYMENT NO.2 (PER THIS REQUEST) d, TOTAL FUNDS AVAILABLE FOR PAYMENT AT A LATER DATE (In Brighton Place II Area of Assessment District No. 03-3) 1- ÊA··'20ÖÖÕ.OO -- $i-2Õ-:õõü.õOi ,-'" -1:'õël -EÄ--ï66361~Õb-$1-Ö6:361.0õ' !--$1Õ6,361~OÕ~ ,---- Õ~O---EÄ-_d- 0.00 -- ..··----------$120.000.00' ...._____mw..______ $106,361.00 - ~ $106.361.00~ ,--.--.-------.-------. :-- $O,Q§~ C,,=:-_:='-SÖ:ooj- $0.00 $0,00 _ _n'~º:ºº] :-.:::=.__ $O,OOj $0,00 $0,00 0,00 2000,00 $72.180.00: '-41,oë-Ac-200ü,OO 2197,00 $388,869,001, , 104 DU 2346,00 ----... $461,049.00 ------------,--- $581,049.00 $0.00 $581.049.00 , $82,180'00i i'-$82.180,00-: ,--' $243,984,00 II $243,984.00! ¡ , I J c__ $326.164.00 $326.164,00 $432.525.00 $432,525,00 $0,00 $0.00 $432.525.00 $432.525.00 0.00 AC 26 DU 34 DU 0,00 5780,00 6460,00 , i ----$Q.oo: ~..--. $0.00 I I $150,280.00 II' ! $150,280,00 I $219,640.00 L $12,178.00 I 2 $369.920.00 $162.458.00 I $369.920.00 $162.458.00 I $0.00 $0.00 I $369.920.00 $162.458,00 I -- --$0,00: -- --$O.oÖ¡ I' $0,00 I $0.00 I $0,00 I $0,00, $0,00 I $0,00 I $0,00 I $0.00 ! $0,00 I : $0,00 I I $0.00 ¡ ¡ $0,00 i i $O.OOJ 1_ $0,00 I L-J $0,00 $0.00 $369.920.00 $162,458.00 36.09 AC 177 DU --1-_..__________.___ $7,200,00 $4.860,00 ¡ i $4,800,00 I l $3,600,00 I ¡ $0,00: ! $o.ooi i $2,846.00 i : $3,600.00: : ------ ----szS,90S.00 L________,___ $607,955.00 $6,844.00-1'----$6."844,00- $0,00 $0.00 $2,136.00 I $2,136.00 $0,00 $0.00 $0,00. $0,00 $0,00 i I $0.00 $2,437.00 ¡ i $2,437,00 $1,555.00 j 1_ _ $1,555.00 $12.972,00 $12.972,00 $445,497.00 $445,497.00 , L-______ $581,049.00 $0,00 $26,906,00 $607.955.00 $432,525,00 $0.00 $12,972,00 $445.497.00 $432,525,00 $0,00 $12,972,00 $445,497.06 $369,920.00 $0.00 $0.00 $369.920.00 $162,458.00 $0.00 $0.00 $162,458.00 $607.955.00 $445,497.00 $162,458,00 $0.00 NOTES: 1. Items funded in the Finai 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. 2, Item requested and approved for "partial" payment at this time. The requested payment amount is for the actual number of residential units for which the Regional Transportation Impact Fee (TIF) has been paid at the time of issuance of a building permit. The amount approved for payment at this time is the maximum amount remaining available for payment in the Brighton Place II Area of AD 03-3 after the amount paid in 2005 pursuant to Payment NO.1. 29655B-2WK4 07/07/2006 TO: (OWNER) ') , / Castle & Cooke California, Inc. PROJECT: 10000 Stockdale Highway Bakersfield, CA 93311 Assessment District 03-3 Brighton Place II Area Improvements Tract No. 6185 11 PROCESS DATE: 6/27¡:¡¡;¡;¡';- r I EXHIBIT "...1 " APPLICATION AND CERTIFICATE FOR PAYMENT ATTENTION: Marian Shaw City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 CONTRACTOR: Castle & Cooke California, Inc. 10000 Stockdale Highway Bakersfield, CA 933 I I , PROJECT NO: 6800.48 (11) OWNER'S APPLICATION FOR PAYMENT In accordance with the Acquisition Agreement, application for Payment is made for the following items of work: Per Exhibit B-Il-C, for Brighton Place II Area Improvements: A. TR<\.CT No. 6185 (Traffic Signal and Fees) c. d. Street Improvements Miscellaneous Improvements Fees Subtotal Improvement Cost $ 0.00 $ 00.00 $369,920.00 $369,920.00 a. b. e, Construction Contingency $ 00.00 fJ b' Sub-Total Improvement Cost & ContÍ11gency Incidental Cost $369,920.00 S 0.00 f. h. Total Tract No. 6185.(Traffíc Signal and Fees) Improvements, Contingency, and Incidentals $369,920.00 The above items ofwurk are 100% complete, The above amounts are the actual costs for each item of work as outlined in Exhibit "13" of the Engineer's Report. 'EN.G.1.NEER'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documcnt, based ,Óil oncsik observations and the s1åíi' ct';mpr~sing tlie above'ápplieatiqn; ; The Engineer certific$ lathe Ov.llcr that the Work has progressed to the poíÌ1tì,~:d(éâtèd; that to the best of his , knowledge, infoml~tiptumd beliet~¡'tþçquàlitYof.the WorJ( , is in accordance with'Ü{ë Contract:Documcllls: an4 that thc -' : Contractor is entitI1!,o'p!1~mcnt'öfìhe AMOlJ"!\-T CERTr.f.W.£?: \~~~~t7!fJJ,o/J By: ,. Roger A, Mcintosh RCE 33322 This Certificate is nOI negotiable, The AMOUNT CERTIFIED is payable only to the Contractor named herein. Insurance, payment and acceptance of payment are withont prejudice to any rights of the ..__--º_\~rner or Contractor lllldcr 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 palt thereof has been paid; that the items ofthis claims are just and legal; that there is due the undersigned the amount shown hereon. CASTLE & COOKE CALIFORNIA, lNe. 10000 STOCKDALE HIGHWAY BAKERSFIELD, CA 93311 ) _~æt/}a tu~ LAURA WHITAKER-VICE PRESIDENT J