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HomeMy WebLinkAboutPayment 03-3 Silver Oaks South " \. " ) ! Æ . - BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Sharon Traynor, Accounting Clerk II FROM:~;" Marian P. Shaw, Civil Engineer IV DATE: September 9,2005 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 öf improvements for Assessment District No. 03-3, Fairway Oaks South 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). $580,957.25 ' Send $580,957.25 to: Fairway Oaks South, LP 6851 McDivitt Drive, Suite B Bakersfield, CA 93313 Attention: Don Judkins xc: Nelson Smith, Finance Director Bob Sherfy, Deputy City Attorney ) 03-3reimbLdoc prepared Friday, September 9, 200S 9:7AM , , Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 July 14, 2005 29655-C John StinsonlMarian Shaw Public Works Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Re: City of Bakersfield Assessment District No, 03-3 - Fairway Oaks South Area Acquisition Payment No. 1 Processing Dear John and Marian: Wilson & Associates has finished our review process of the payment request for all of the approved improvements completed in the Fairway Oaks South Area of Assessment District No. 03-3 ("AD 03-3"), based on the payment request submitted by the engineering firm ofSmithTech*USA, Inc., on behalf of Fairway Oaks South, LP (the "Applicant") through July 12, 2005 (the "Application"). This letter and recommendation for payment pertain to all Fairway Oaks South Area improvements described in the Application and in the Final Engineer's Report for AD 03 -3 ("Engineer's Report"). After reviewing sai~ Application, we have come to the below-described conclusions and recommendations regarding this Acquisition Payment No. 1 for all improvements in the Fairway Oaks South Area of AD 03-3. Enclosed with this letter is a table entitled "Table I, Itemized Improvements and Acquisition Costs Approved for Payment No. I in Fairway Oaks South Area of City of Bakersfield Assessment District No. 03-3" ("Table I") that presents a comparison of the cost ofimprovements to be acquired as they were estimated and shown on Exhibit B, Table B-II-D 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 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.1 for the Fairway Oaks South Area. Also enclosed is a copy of the Applicant's "Application and Certificate for Payment" form (dated July 7, 2005), The below-described pavment is contim!ent upon: (a) the City's issuance of Notice of Completion (or the Director's Acknowledgment or a Street Permit) for the referenced improvements, (ii) the Applicant's recording ofits Notice of Completion for the referenced improvements, and (iii) the Applicant's obtaining a satisfactory "Mechanic's Lien Guarantee, " " John Stinson/Marian Shaw July 14, 2005 Page Two e\ç, The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the completed AD 03-3 Fairway Oaks South Area Improvements per said Application is $580,957.25, all as itemized on the enclosed Table I and summarized below. The following is a recapitulation offunds recommended for payment under this Payment No. I: AD 03-3 Amount Amount Approved Requested Approved for Improvement Acquisition Item Amount for Payment Payment No. I Â. OLD RIVER ROAD - WEST SIDE (Tentative Tract No, 6079 Frontage) a. Grading $ 8,000.00 $ 8,000.00 $ 8,000.00 b. Street Improvements $ 151,689.25 $ 151,689.25 $ 151,689.25 c. Miscellaneous Improvements $ 51.600.00 $ 5 1.600.00 $ 51.600,00 d. Subtotal Improvements $ 211,289.25 $ 211,289.25 $ 211,289.25 e. Construction Contingency $ 0.00 $ 0,00 $ 0.00 f Incidental Cost $ 1 1.505.00 $ I 1.505.00 $ 1 1.505.00 g. Totals $ 222,794.25 $ 222,794.25 $ 222,794.25 B. OLD RIVER ROAD - WATER a. Water Improvements $ 80.058.00 $ 80.058.00 $ 80.058.00 b. Subtotal Improvements $ 80,058.00 $ 80,058,00 $ 80,058.00 c. Construction Contingency $ 0.00 $ 0.00 $ 0.00 d. Incidental Cost $ 4.359,00 $ 4.359.00 $ 4.359.00 e. Totals $ 84,417,00 $ 84,417.00 $ 84,417.00 ç. TENTATIVÈ TRACT NO. 6079 ON-SITE SEWER a. Sewer Improvements $ 59.650.00 $ 59.650.00 $ 59.650.00 b. Subtotal Improvements $ 59,650.00 $ 59,650.00 $ 59,650.00 c. Construction Contingency $ 0.00 $ 0.00 $ 0.00 d. Incidental Cost $ 3.248.00 $ 3 .248.00 $ 3.248.00 e. Totals $ 62,898.00 $ 62,898.00 $ 62,898.00 D. TENTATIVE TRACT NO. 6079 ON-SITE STORM DRAIN a, Storm Drain Improvements $ 199.960.00 $ 199.960.00 $ 199.960.00 b. Subtotal Improvements $ 199,960.00 $ 199,960.00 $ 199,960.00 c. Construction Contingency $ 0,00 $ 0.00 $ 0.00 d. Incidental Cost $ 10.888.00 $ 10.888.00 $ 10.888.00 e. Totals $ 210,848.00 $ 210,848.00 $ 210,848.00 E. GRAND TOTALS $ 580,957.25 $ 580,957.25 $ 580,957.25 John Stinson/Marian Shaw July 14, 2005 Page Three The recommended $580,957.25 Acquisition Price is equal to the total acquisition amount for all Improvements in the AD 03-3 Fairway Oaks South Area, as approved in the AD 03-3 Engineer's Report and as shown on Exhibit A to the AD 03-3 Acquisition Agreement pertaining to the Fairway Oaks South Area, Based on the findings described above, and in accordance with the Application described on page one of this letter, it is the recommendation of our analysis that $580,957.25 be paid (but onlv after: (i) the City's Notice of Completion, (ii) the Applicant's Notice o.fCompletion, and (iii) Mechanic's Lien Guarantee arefinalized) and that a check for that amount be made payable to Fairway Oaks South, LP, as the payment pursuant to this Payment No.1 request for all Improvements in the Fairway Oaks South Area of AD 03-3. After said $580,957.25 payment is finalized, there will be no more AD 03-3 Fairway Oaks South Area improvements eligible for acquisition pursuant to the AD 03-3 Final Engineer's Report and the Fairway Oaks South, LP Acquisition Agreement for 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 w'~~ Ed Wilson Dejan Pavi~ Wilson & Associates Enclosures cc: Don Judkins Paula Simpson/Bob Smith '. TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1 ,. IN FAIRWAY OAKS SOUTH AREA OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO, 03.3 I ENGINEER'S REPORT ESTIMATE REQUESTED FOR PAYMENT QUANTITY I UNITS I UNIT QUANTITY I UNITS I UNIT I DESCRIPTION COST TOTAL COST TOTAL A, OLD RIVER ROAD - WEST SIDE I (Tentative Tract No, 6079 Frontage) ~. a, GRADING I Roadway Excavation 4000 CY 2,00 $8,000,00 4000 CY 2.00 $8,000.00 TOTAL,GRADING I $8,000,00 $8,000.00 b. STREE'f IMPROVEMENTS " . A.C. Paving - Includes Repavement 1941 TON 35.00 $67,935,00 1941 TON 35,00 $67,935,00 Aggregate Base - Includes Repavement 1320 CY 23,00 $30,360,00 1320 CY 23,00 $30,360,00 6" Curb & Gutter 935 LF 7,50 $7,012,50 935 LF 7,50 $7,012.50 4" Concrete Sidewalk 5143 SF 2.25 $11,571,75 5143 SF 2,25 $11,571. 75 Saw Cut 920 LF 1,00 $920,00 920 LF 1.00 $920,00 Median 920 LF 30,00 $27,600.00 920 LF 30.00 $27,600.00 Street Name Sign 2 EA 150.00 $300,00 2 EA 180,00 $360,00 Street Sign I 1 EA 150,00 $150,00 1 EA 180.00 $180,00 'Waming/Reg," Sign 2 EA 150,00 $300,00 1 EA 180,00 $180,00 Street Light 1 EA 2500.00 $2,500,00 1 EA 2500,00 $2,500,00 Survey"Monument Encasement r 2 EA 300,00 $600,00 2 EA 300.00 $600,00 Striping 1220 LF 2.00 $2,440,00 1 LS 2470.00 $2,470,00 TOTAL STREET IMPROVEMENTS i $151,689.25 $151,689,25 c, MISCELLANEOUS IMPROVEMENTS i 6' Block Wall CO - 2' Ret.L I 860 LF 60,00 $51,600.00 860 LF 60,00 $51,600.00 TOTAL MISCELLANEOUS IMPROVEMENTS I $51,600,00 $51,600,00 d, SUBTOTAL IMPROVEMENT COST I $211,289.25 $211,289,25 e, CONSTRUCTION CONTINGENCY i $0,00 $0,00 f, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY I $211,289.25 $211,289.25 g, INCIDENTAL COST Design Engineering and Construction Surveying I $11,505,00 $11,505,00 Improvement Bonds I $0.00 $0,00 Construction Staking $0.00 $0,00 Solis and Materials Testing and Report $0.00 $0,00 Contractor Supervision and Overhead/Constr. Administration I $0,00 $0,00 Bid Documents $0,00 $0,00 Plan Check and Inspection Feas $0,00 $0,00 Construction Inspection Fees $0.00 $0.00 TOTAL INCIDENTAL COST $11,505,00 $11,505,00 h. TOTAL OLD RIVER ROAD - WEST SIDE $222,794.25 $222,794.25 (Tentat;va Tract No, 6079 Frontage) IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS APPROVED PAYMENT PER THIS REQUEST $8,000,00 $8,000.00 $67,935,00 $30,380,00 $7,012,50 $11,571.75 $920,00 $27,600,00 $360,00 $180,00 $180.00 $2,500,00 $600,00 $2,470.00 $151,689,25 $51,600.00 $51,600,00 $211,289.25 $0,00 $211,289,25 $11,505.00 $0,00 $0.00 $0,00 $0.00 $0,00 $0,00 $0.00 $11,505,00 $222,794,25 b. c. d, e, LD RIVER ROAD - WATER I WATER IMPROVEMENTS I 12" Waterline 1402 LF 30,00 $42,060,00 1402 LF 30,00 $42,060.00 12" Gate Valve 3 EA 2950,00 $8,850.00 3 EA 2950.00 $8,850,00 2" Service 1 EA 636.00 $636.00 1 EA 636,00 $636,00 2"Meter 1 EA 100.00 $100,00 1 EA 100,00 $100,00 Valve Box 3 EA 282.00 $846,00 3 EA 282.00 $846,00 Meter Box 1 EA 66.00 $66,00 1 EA 66,00 $66,00 Wharf Head 5 EA 1500,00 $7,500,00 5 EA 1500,00 $7,500.00 Bore (under 100' Railroad Easement) 100 LF 200.00 $20,000,00 100 LF 200,00 $20,000,00 TOTAL WATER IMPROVEMENTS $80,058,00 $80,058,00 SUBTOTAL IMPROVEMENT COST I $80,058.00 $80,058.00 CONSTRUCTION CONTINGENCY $0,00 $0,00 SUBTOTAL IMPROVEMENT COST AND CONTINGENCY $80,058.00 $80,058,00 INCIDENTAL COST Design Engineering and Construction Surveying I $4,359,00 $4,359.00 Improvement Bonds $0,00 $0,00 Construction Staking $0,00 $0,00 Soils and Materials Testing and Report $0,00 $0,00 Contractor Supervision and Overhead/Constr. Administration I $0,00 $0,00 Bid Documents I $0,00 $0,00 Plan Chèck and Inspection Feas $0,00 $0,00 Water Inspection Fees I $0.00 $0,00 Construction Inspection Fees $0,00 $0,00 TOTAL INCIDENTAL COST I $4,359,00 $4,359,00 TOTAL OLD RIVER ROAD - WATER $84,417,00 $84,417.00 IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS , $42,060,00 $8,850,00 $636,00 $100,00 $846,00 $66.00 $7,500,00 $20,000,00 $80,058,00 $80,058,00 $0,00 $80,058,00 $4,359.00 $0,00 $0,00 $0.00 $0,00 $0.00 $0.00 $0,00 $0,00 $4,359,00 $84,417.00 B, 0 a. f. b, c. d. e, ENTATIVE TRACT NO, 6079 ON-SITE SEWER ~-I SEVVERIMPROVEMENTS 8" Sewer Line 1405 LF 12.00 $16,860.00 1405 LF 12,00 $16,860,00 $16,860,00 10" Sewer Line 1336 LF 15,00 $20,040,00 1336 LF 15,00 $20,040,00 $20,040,00 Standard Manhola (9' - 12' Deep) 5 EA 1650,00 $9,250,00 5 EA 1850,00 $9,250.00 $9,250,00 Standard Manhole (13' - 16' Deep) 4 EA 2300,00 $9,200,00 4 EA 2300,00 $9,200.00 $9,200,00 6" Clean Out 12 EA 350.00 $4,200.00 12 EA 350.00 $4,200,00 $4,200.00 Piug 1 EA 100.00 $100,00 1 EA 100.00 $100,00 $100,00 TOTALS8NERIMPROVEMENTS $59,650,00 $59,650,00 $59,650,00 SUBTOTAL IMPROVEMENT COST $59,650.00 $59,650,00 $59,650,00 CONSTRUCTION CONTINGENCY $0,00 $0,00 $0,00 SUBTOTAL IMPROVEMENT COST AND CONTINGENCY $59,650,00 I $59,650,00 $59,650,00 INCIDENTAL COST Design Engineering and Construction Surveying $3,248,00 $3,248.00 $3,248,00 Improvemant Bonds $0.00 $0,00 $0.00 Construction Staking $0.00 $0,00 $0,00 Soils and Materials Testing and Report $0,00 $0,00 $0.00 Contractor Suparvision and Overhead/Constr, Administration $0.00 $0,00 $0,00 Bid Documents $0.00 $0,00 $0,00 Plan Chack and Inspection Fees $0.00 $0,00 $0,00 Construction Inspection Fees $0,00 $0,00 $0,00 TOTAL INCIDENTAL COST $3,248,00 $3,248,00 $3,248,00 TOTAL TENTATIVE TRACT NO. 6079 ON·SITE SEWER $62,898.00 $62,898,00 $62,898.00 IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS C. T a, f. 29655-C, VVK4 07/1212005 TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1 F;IRWAY OA~~ SOUTH AREA OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO, 03-3 I ENGINEER'S REPORT ESTIMATE REQUESTED FOR PAYMENT APPROVED QUANTITY I UNITS I UNIT I QUANTITY I UNITS I UNIT I PAYMENT PER DESCRIPTION COST TOTAL COST TOTAL THIS REQUEST 0, TRACT NO. 6079 UNIT ONE ON-SITE STORM DRAIN a, STORM DRAIN (and Stonn Drain Relaled) IMPROVEMENTS 18" Stann Drain Pipe 714 IF 25,00 $17,850.00 714 IF 25,00 $17,850,00 $17,850,00 24" Stann Drain Pipe 938 IF 30.00 $28,140,00 938 IF 30,00 $28,140,00 $28,140,00 30" Stann Drain Pipe 100 IF 40,00 $4,000,00 100 IF 40,00 $4,000.00 $4,000,00 36" Stann Drain Pipe 334 IF 50,00 $16,700,00 334 IF 50.00 $16,700,00 $16,700,00 Catch Basin (3,5' Opening) 13 EA 3000.00 $39,000,00 13 EA 3000.00 $39,000,00 $39,000,00 Manhole 4 EA 2200.00 $8,800.00 4 EA 2200,00 $8,800,00 $8,800.00 Plug 1 EA 100,00 $100.00 1 EA 100.00 $100,00 $100,00 Outlet Structure 2 EA 1500,00 $3,000.00 2 EA 1500,00 $3,000,00 $3,000,00 6' Block Wall (w/3' ReI.) Around Sump 200 LF 70.00 $14,000.00 200 IF 70,00 $14,000,00 $14,000.00 6' Block Wall (w/2' ReI.) Around Sump 200 LF 60,00 $12,000.00 200 IF 60,00 $12,000,00 $12,000,00 6' Block Wall Around Sump 600 LF 40,00 $24,000,00 600 IF 40.00 $24,000.00 $24,000,00 Gates (14' Opening w/Pos! Lock; Pair) 1 EA 1170,00 $1,170,00 1 EA 1170,00 $1,170.00 $1,170,00 Excavation (cut) 15600 EA 2,00 $31,200,00 15600 EA 2,00 $31,200,00 $31.200,00 TOTAL STORM DRAIN IMPROVEMENTS $199,960,00 $199,960,00 $199,960,00 b, SUBTOTAL IMPROVEMENT COST $199,960.00 $199,960,00 $199,960,00 c, CONSTRUCTION CONTINGENCY $0,00 $0.00 $0,00 d. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY $199,960.00 $199,960,00 $199,960,00 e, INCIDENTAL COST DeSign Engineering and Construction Surveying $10,866,00 $10,888,00 $10,888,00 Improvement Bonds $0,00 $0,00 $0,00 Construction Staking I $0,00 $0,00 $0,00 Soils and Materials Testing and Report ¡ $0.00 $0,00 $0,00 Contractor Supervision and Overhead/Constr, Administration $0.00 $0,00 $0.00 Bid Documents I $0,00 $0.00 $0,00 Plan Check and Inspection Fees $0.00 $0,00 $0,00 Construction Inspection Fees $0,00 $0,00 $0,00 TOTAL INCIDENTAL COST I $10,888.00 $10,888,00 $10,888,00 f, TOTAL TRACT NO. 6079 UNIT ONE ON-SITE STORM DRAIN I $210,848,00 $210,848,00 $210,848.00 IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS ¡ E, TOTAL FAIRWAY OAKS SOUTH AREA (TRACT NO. 6079 UNIT ONE) (Add Items A, B, C, and D) a, IMPROVEMENTS b, CONTINGENCY c. INCIDENTALS d, TOTAL FAIRWAY OAKS SOUTH AREA (TRACT NO, 6079 UNIT ONE) IMPROVEMENT COST $550,957.25 $0.00 $30.000,00 $580,957.25 $550,957,25 $0,00 $30,000,00 $580,957.25 $550,957,25 $0.00 $30,000,00 $580,957,25 F. RECAPITULATION a, TOTAL APPROVED FOR PAYMENT PER FINAL ENGINEER'S REPORT b. TOTAl APPROVED FOR PAYMENT NO.1 (PER THIS REQUEST) c. TOTAL FUNDS AVAIlABLE FOR PAYMENT AT A LATER DATE (In Fairway Oaks South Area of Assessment District No. 03-3) $580,957.25 $580,957.25 $0.00 29655-C.wK4 2 07/12/2005 .. ,. ,.I APPLICATION AND· CERTIFICATE FOR PAYMENT TO: (OWNER) Fairway Oeb South, LP 68~ 1 MeDivitt Dr., sœ. # B Bakers1ield, CA 93313 ATTENTION: Mæian Shaw City of Bakmfield 1501 TruxIonAw. Bakersfield, CA 93301 PROÍECT: .Assessment DisIrlct No. 03-3' CO~CTOR: Faírway Oaks So. LP OWNER'S .APi'LIGATION~O)l PAYMENT In 8CÇordam:e with the Acquishioo ~ .licaliøØ for;tJa:yuømUs made fur the tonowiDg ikmls ofwnrk: (SEE BnLABLES REPORT FOIt. DESCRIPTlON OF·rmMS BELOW) TRAÇT NO, 6079 OLD RlYER ROAD - WEST~ GRADING: (roadway excavation) ROADWAY EXCAVATION TOTAL GRADING ~ '$ S 8J)00.00 8,000.00 STREET lMPROVEMENTS: . AC PAVING -INCLUDES RßPAVEMENT" AGGREGATE BASE-INCLUDES ~AYBMENT 6" CURB & GUTT.ER ' 4" SIDEWALK SAW CUT MÈDIAN STREET NAME SIGN, STREET SIGN~4 ·'W.AlUlßNGIRBO." SIGN SURVEY MONUMENT ENCASBMBNT.t; 'S'rItEET LlGJ:tf STRlPUiG TOTAL STREET IMPROVBMENTS MlSCELLANBOUS JMPROVEMBNTS;- 6' Block wan (0.2' RÄ::t.) TOTAL STREET IMPROVEMENTS SUBTOTAL lMJlR.OVEMENT COST INCIDENTAL COSTS: ' DESIGN Et'IGlNEEIUNG AND CObl5'fkUCTlON Sl1R.~ $ 67,935.00 30,360.00 7,012.50 11,571.75 920.00 27,600.00 750.00 3,100.00 2.440.00 $ 151,689.25 $ 51.600.00 $ S1,6OO.00 $ 212,289.25 $ 11.505.00 TOTAL OLD R:IVBR ROAD- wa:r... ('r.....-m:.....~fit19I'rMà1p) S 22~794.:zs IMPROVEMENTS AND INCJDBNTA1.S ))g. ~ on ~(Q)~V TENTAUVE TRACT N9. fQ79 OJ.llìl-SJTE gUll> SEWER IMPllOVEMENTS: 3" SEWER MAIN 10" SEWER MAIN STANDARD MANHOLE REMOVE PLUG & 6" CLEAN our TOTAL SEWER 1MPIlOVEM£NTS INCIDENTAL COSTS: .' DESIGN ENGINEERING AND CONSTRUCTION ~VEYlNG TOTAL TENTATIVE TRACf NO. 6t7PON-SITlt·S.EWI1l IMPROVEMENTS AND INCJD&NTALS.· $ 16,860.00 20,040.00 18,450.00 4300.00 $ 59,650.00 S 3,,248.00 $ 62s89&OO OLD RIVER ROAD- WATER WATER IMPltOVEMENTS: 12" WATBRLJNB 12" GATE VALVE 2" SERVICE, METER, AND WHAItF~' BORE (under 100' Railroad Easem.tmf), . TOTAL WATER IMPROVEMENTS, INCIDENTAL COSTS: DESIGN ENG~G AND CONS.~eTION stm:VBY TOTAL OLD RIVER ROAJ)- WATD. IMPROVEMENTS AND INc:mENTALS,' $ 42,060.00 8,8S0.OO 9,148.00 20.000.00 $ 80,058.00 S 4.359.00 S 84,417.00 ~CT NO. 60791JNlT ONE O~-SITE S"I'ORMpüN STORM DRAIN IMPRoVBMnNT5 (and stötm drain related): 18" STORM DRAIN PIPE 24" STORM DRAIN PIPE 30" STORM DRAm J.J1PB 36'1 STORM DRAIN PIPE CATCH BASJN (3.5 0pe0iD&) PLUG, OUTLE.T STRUCnIRE. AND.MÀNHOLS 6' BLOCK WALL (w1O-3' R.et.)AROUNÐ.SUMP GATES (l4' openiDgwlPostLock; Paiij. EXCAVAjlON (çut) TOTAL STORM DRAIN JMPllOviMEpftS' INCIDENTAL COSTS: DBSlqN BNOlNlmlUNG AND 00l!l&TlWC'lt()ljf ~UR:VEY TOTAL TRACT NO. 6079 ÐNlT ON-$l1'E STOJlM I)KAIN lMJ'llO~AND INcmENt-.s' ' S 17.850.00 23, 14Q.OO 4,000.00 16,700.00 39,000.00 11,900.00 5O,opo.OO 1,170.00 31.200.00 $ 199,960.00 S 10.888.00 S 2It,848.00 Pg.2of3 , (c(Q)[p\f " TOTAL AC1UAL CQSTS $ S80.957.25 TOTAL COS'l'S AS APPROVED IN' FINAL BNGINEHR.'S :tW~RT $ S'8QJ57.25 TOTAL PAYMENTAPPLlCAm~'~OUN1' SS80~~7.2S The abbveltems of work are 100% oomp1eœ. The above am.Ount9 are the actual costs for eaeh item of'Wo.Œ as outUnt4 in Exhibit B (EDgineer's Roport) . bl .. ENGUŒEkt$ ($llTIFlÇATB FOR PAYMENT In accordawle with the CœlrKtDoc:ument. ~~ AMOUNT CERTIFIF.D........ $ observations and dle data comprisiDg the above aJIplic,tim1, the £ngineer certifies to the Owner that the W6l'kltas progressed to the point indiaded; that to the belt otbis . knowledge, ÌDfuI1D.BtÍOll au4 bellet: the quality qt~ wtd js in. accordance with the Contract D~ _1'_ the / c-~ls_to_ofthoAMOVN'tCllR1'Il'ŒD: By ~~IMo , ~Lk.#ß413 OWN£.k·S CSaTIFICATION FAIR.W A Y OAKS 8OUm, LP hereby certifies _ the materials or ~ shown hereon were 1\D:Jñsbed to the City of BakeÍ's:field; that no pert theteofha$ been pid; daM ~ itans of1løl1le c::Jaims an:: j-. aod 10"; that then: js due tbð undersigned the am.0UDt shown hcreOlL ~~ ~ Don JudkJins 6079Fairl)3-3Payment Pg. ,,"~ :' ~'..' . ~(Q)(?JW RECORDING REQUESTED BY Ticor Title Company AND WHEN RECORDED MAIL TO: Fairway Oaks South, LP 6851 McDivitt Drive Suite dB Bakerstield, CA 93313 James W. Fitch~ Assessor- Recorder Kern County Official necords Reoorded ai the request of Ticor Title RAWSONM 6/03/2005 8:01 AM DOC#: 0205142820 Stat Types: 1 111m IIIII/Iml"" Fees Taxes Others PAID Pages: 1 7.00 0.00 0.00 $7.00 A.P.N.: Order No.: t3pa,-=c l'\.UUVç ~llli) Llun.. J.VI .&: """""'&~.... ... _..... ___" Escrow No.: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described. 2. The FULL NAME of the OWNER is Fairway Oaks South, LP., 3. The FULL ADDRESS of the OWNER is 6851 McDivitt, Suite #B, Bakersfield, Ca 93313 . 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: (X) In Fee. ( ) 5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: Name/Address: , Name/Address: , 6. The full names and full address of the predecessors in interest of the undersigned if the property was transferred subsequent to the:~ommencement of the work of improvement herein referred to: Name/Address: , Name/Address: , 7. A work of improvement on the property hereinafter described was COMPLETED April 15. 2005 8. 'The work of improvement completed is described as follows: SiIl¡~lC~øœs:offsite improvements 9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Fairway Oak South, LP. 10. The street address of said property is n/ a . , 'Bakersfield, CA 93311. 11. The property on which said work of improvement was completed is in the City of Bakersfield, County of Kern, State of California, and is described as follows: . ALL OFFSITE IMPROVEMENTS FOR TRACT 6079,'UNIT 1 Fairway Oaks South, LP a Limited Partnerhsip Date: June 2, 2005 , Uonavan Judkms, ý'~ce PresIçlent Verification for NON-INDIVIDUAL owner:" I, the undersigned, declare under p'enalty of perjury under the laws of the state of California that I am the of the aforesaid interest or estate in the property deSCrIbed in the above notice; that I have read the said notice, that I know ãnd understand the contents thereof, and that the facts stated therein are true and correct. Fairway Oaks South, LP, a Limited Partnership Junw 2. 2005 Date and ~Iace Uonavan Judkms, VICe presI4ent \ \ '" I , I / NO. 6079-1 LIABILITY $1 000.00 FEE $ 0 . 00 ,<, çmCAGO TITLE INSURANCE COMPANY a corporation, herein called the Company, GUARANTEES THE CITY OF BAKERSFIELD herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. Dated: August 8, 2005 CHICAGO TITLE INSURANCE COMPANY ~' ~~ By . ~riZed Signature' Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guaran- tee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. '. Reorder Form No. 2626 (Reprinted 10/00) CLTA Guarantee Face Page (Rev. 6-8-71) Order No. :6079-1 Liability :$1,000.00 Fee :$0.00 SCHEDULE A MECHANIC'S LIEN GUARANTEE 1. Name of Assured: THE CITY OF BAKERSFIELD 2. Date of Guarantee: August 8, 2005 The Assurances referred to on the face page hereof are: That, according to those public records which impart constructive notice of matters relating to the title to the land described herein, there are no claims of statutory liens for labor or materials (other than such Claims for which a release appears in said records), or Notices of the pendency of actions to foreclose such liens, recorded subsequent to June 3,2005, which purports to affect said land, other than those shown below under Exceptions. The land referred to in this guarantee is described as follows: All of Amended Tract No. 6079, Unit One, in the City of Bakersfield, County of Kern, State of California, as per Map recorded December 1, 2004 in Book 52, Page 94 of Maps, in the Office of the County Recorder of said County. EXCEPTIONS: NONE PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY jand for the benefit of the '<. CITY OF BAKERSFIELD Kern County Recorder WHEN RECORDED MAIL TO: Conformed Copy SEP 0 ß 2005 CITY OF BAKERSFIELD CITY CLERK Document 000 J. 0 5"~ 'f 5'5 31. 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 Thla SPICa For Recorda'" Uae Only NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was completed on that certain QrQject known as TRACT 6079 PHASE 1 for the undersigned agency on APRIL 8, 2005, located WEST OF OLD RIVER ROAD AND NORTH OF HARRIS ROAD and tflat said project was accepted by this agency on AUGUST 31, 2005. The undersigned agency owns the following interest in said property described above: right-of-way and public :lProvements within the right-of-way. The Contractor/Developer on said project was FAIRWAY OAKS SOUTH, L. P., and contract number is City of Bakersfield Contract No. 04-064. Please refer to said contract number on all communications relating to said contract. The address of the undersigned agency is City Hall, 1501 Truxtun Avenue, Bakerslield, California 93301. I declare under penalty of perjury, under the laws of the State of California, that the contents herein are true and correct to the b~st of my knowledge. Executed on August 31, 2005, at Bakersfield, California. RAUL MO.' RÒ:J'A^S Public Works Director By G:\GROUPDA nConstruction\NOC\2005\TR 6079-1.doc fiLE COpy · , . James W.. F"i1;ch Ret'n Count y Recot'det' P Public Rcpt # 657254 Description Register Cashiet' 09/08/05 09:08AM Fee RTELFORl TELFORDT DOC# 000205245536 Notice of COlpl No Fee $0.00 $0.00 Total A,ount Due Total Paid $0.00 Than/< You PLEASE KEEP FOR REFERENCE \" / i I ,," CITY OF BAKERSFIELD CLAIM VOUCHER IV$- '~r No. I..!:. ¡ 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. FAIRWAY OAKS SOUTH, LP 6851 MCDIVITT DRIVE, SUITE B BAKERSFIELD, CA 93313 ATTN: DON JUDKINS (AUTHORIZED SIGNATURE OF CITY AGENCY) Date: 9/15/2005 Initials of Preparer: ST PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT: CITY DEPARTMENT: Public Works (Including Contract Number if Applicable) IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 03-3, FAIRWAY OAKS SOUTH AREA Fund Dept. Base 1 Project # Invoice Number Amount Comments on check stub 675 4031 822 8041 KEA618 $580,957.25 VOUCHER TOTAL $580,957.25 SECTION 72, PENAL CODE Section 72, Presenting False Claims. Every person who with intent to defraud, presents 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, ~ )a, is guilty of a felony. FINANCE DEPT. USE ONLY Examined & Approved for Payment Amount G:lenglSHAREDlExcellClaimVoucherslClaimVoucher .xls1 :20 PM