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HomeMy WebLinkAboutPayment 05-1 City Hills Drive West ~. ~ ~ ' Cj c) \~) II ~ . - BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Paul Sheats, Accountant I FROM: ~ Marian P. Shaw, Civil Engineer IV DATE: March 22, 2007 SUBJECT: ASSESSMENT DISTRICT NO. 05-1 PAYMENT REQUEST City in the Hills Area Acquisition Payment Processing No.1 City Hills Drive, West Portion ******************************************************************* The City has received a written application request from the developer that the improvements to the City Hills Drive, West Portion are complete have been accepted by the City. These improvements do not include the 8' meandering sidewalk, handicap ramps and Traffic Signal @ City Hills Dr. & Vineland Rd., which will be processed separately. 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. 05-1, City Hills Drive, West Portion. 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). $496,449.00. Send $496,449.00 to: Mountain View Bravo, LLC 2130 Chester Ave. Suite 200 Bakersfield, CA 93301 Attention: Van Roberts xc: Nelson Smith, Finance Director Bob Sherfy, Deputy City Attorney AD 05-1 Pay Nol City Hills Drive West.doc prepared Thursday, March 22, 2007 !0:45AM Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 March 7, 2007 29713-1-4 Marian Shaw / Dan Anson / John Stinson Public Works Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Re: City of Bakersfield Assessment District No. 05-1; City in the Hills Area Acquisition Payment Processing No.1 Dear Marian, Dan, and John: \ ) Wilson & Associates has finished our review process of a portion of the payment request (pertaining to City Hills Drive, West Portion) for the Improvements completed in the City in the Hills Area of Assessment District No. 05-1 ("AD 05-1 "), based on the payment request submitted to the City on January 26,2007, by Mountain View Bravo, LLC (the "Applicant"), and the updates we received through March 6,2007 (collectively, the "Application No.1"). Exceptfor the costs ofthefollowing three items: (1) "8' Meandering Sidewalk," (2) "Handicap Ramps," and (3) "Traffic Signal @ City Hills Dr. & Vineland Rd. " described on page 2 of this letter, this letter and recommendation for paymènt pertain to all improvements in City Hills Drive (West Portion) on(v(described in Exhibit B, Table B-II-B, Item B of the Final Engineer's Report for AD 05-1). The improvements described in Item C of Exhibit B, Table B-II-B (identified as "Panorama Drive Improvements"), which are also a part of Application No.1, have been reviewed and processed by Wilson & Associates in our transmittal dated February 23,2007. The improvements described in Item H of Exhibit B, Table B-II-B (identified as "Canteria Drive Improvements"), which are also a part of Application No.1, have been reviewed and processed by Wilson & Associates in our transmittal dated February 28, 2007. The improvements described in Item A of Exhibit B, Table B-II-B (identified as "City Hills Drive (Entire Street, East Portion) Improvements"), which are also a part of Application No.1, have been reviewed and processed by WilsQn & Associates in our transmittal dated March 2,2007. With this transmittal pertaining to the City Hills Drive (Entire Street, West Portion) Improvements, we have completed our review of the entire payment request submitted by the Applicant as the Application No. 1 for the City in the Hills Area. After reviewing said Application No.1, we have come to the below-described conclusions and recommendations regarding this Acquisition Payment for the improvements in the City Hills Drive (West Portion) portion of the AD 05-1 City in the Hills Area. Enclosed with this letter is a table entitled "Table 1, Itemized Improvements and Acquisition Costs Approved for Payment No.4 in City in the Hills Area, City of Bakersfield Assessment District No. 05-1" ("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 05-1 Engineer's Report (which is the acquisition amount funded by the AD 05-1 proceedings) to the itemized amount paid by the Applicant for each item of work shown in the Application No. I 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 05-1 Acquisition Price under Payment No.4 for the City Hills Drive (West Portion) portion of the AD 05-1 City in the Hills Area. ,\ Marian Shaw / Dan Anson / John Stinson March 7, 2007 Page Two Also enclosed are: (i) a copy ofthe Applicant's "Application and Certificate for Payment" form, and (ii) copies of the Applicant's Notices of Completion for various improvements pertaining to City Hills Drive (West Portion). The below-described pavment is contingent upon: (i) the City's issuance of Notice(s) of Completion (or Street Permit(s)) for the improvements (other than the sidewalk, the handicap raps, and the traffic signal, all referenced above) in City Hills Drive (West Portion), and (ii) the City's receipt from the Applicant of appropriate "Mechanic Lien Guarantee(s)" for those improvements. The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the completed AD 05-1 City Hills Drive (West Portion) Improvements per Application No. I is $496,449.00, all as itemized on the enclosed Table I and summarized below. The following is a recapitulation of funds recommended for payment under this City in the Hills Area Payment No.4: Improvement Acquisition Item AD 05-1 Approved Amount Amount Requested for Payment Amount Approved for Payment No.4 A. CITY HILLS DRIVE (ENTIRE STREET, WEST PORTION) (From Vineland Road to Canteria Drive) ) 1. Grading $ 2. Storm Drain Improvements $ 3. Street Improvements $ 4. Miscellaneous Improvements $ 5. Contingency $ 6. Incidentals $ 7. Total City Hills Dr. (West Portn) Impr. $ 54,102.00 $ 7,204.00 $ 466,265.00 $ 8,000.00 $ 53,557.00 $ 111.921.00 $ 701,049.00 $ 54,102.00 $ 7,204.00 $ 281,518.00 $ 8,000.00 $ 0.00$ 163.206.72 $ 514,030.72 $ 47,380.28 7,204.00 281,518.00 8,000.00 0;00 152.346.72 496,449.00 As also described in the notes on page 2 of 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 05-1 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 the Applicant. 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 the invoices pertaining to this Application No.1 than in the Final Engineer's Report for AD 05-1. 2. Items labeled "2" in Table I "Notes" column (8' Meandering Sidewalk, Handicap Ramps, and Traffic Signal @ City Hills Dr. & Vineland Rd.) are the improvement items which will be completed in the near future. As confirmed by the Applicant, and as approved by the City, a separate request for payment for these items will be submitted at a later date. The total estimated cost for these items (including their share of Construction Contingency) in the amount of $204,600.00 has been "reserved" (set aside) and is not included in the total amount approved for payment at this time. ) J 'I Marian Shaw / Dan Anson / John Stinson March 7, 2007 Page Three 3. Items labeled "3" in Table I "Notes" column are the items approved for payment at this time at a lesser amount than requested (up to the maximum amount available for payment of all improvements in the City Hills Drive (West Portion) portion ofthe City in the Hills Area of AD 05-1, after the above-referenced $204,600.00 was set aside for the three items for which payment will be requested at a later date). Based on the findings described above and in accordance with the Application No.1, it is the recommendation of our analysis that $496,449.00 be paid (but onlv after Notiee(s) of Completion or Street Permit(s) and Mechanics Lien Guarantee(s) are filed for the improvements described on page 1 of this letter) and that a check for that amount be made payable to Mountain View Bravo, LLC, as a payment pursuant to this Payment No.4 request for the completed improvements in City Hills Drive (Entire Street, West Portion) of the AD 05-1 City in the Hills Area. 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 Pavi~ Wilson & Associates Enclosures cc: Dennis Harris Van Roberts Schzelle Wood ) / TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.4 IN CITY IN THE HILLS AREA CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 05-1 r-~------'----'--'-- --, - - __h. - -~-:-ËÑ_GINEER'S REPORT ESTIM~J!CJ ¡~...:. -- REQUESTED FOR PAYMENT I ~ APPROVED 'II' NOTES I' I Unit Total i I Unit Total I PAYMENT PER (See ~m__._~_~g_~_SE!:œ.!i()I1___. n_ ___ _ :..9uantlty_ Uni!~_ __ __C()~t_ __ Cost ' ! Quantity Units ___ Cost Cost , T~IS BEO!:/.~~r! I below) I B, CITY HILLS DRIVE (ENTIRE STREET, WEST PORTION) IMPROVEMENTS (From Vineland Road to Canteria Drive) a, GRADING Mobilization (5% of construction items) 1 LS 25503,00 Roadway Excavati()f.\______m_________L. 953~~_____ 3.00 TOTAL GRADING b. STORM DRAIN IMPROVEMENTS 18" Storm Drain Pipe ¡- 154 LF .:Type A Catch Basin ___.____,__._,______.-'--_. 2 EA TOTAL STORM DRAIN IMPROVEMENTS c, STREET IMPROVEMENTS A.C. Paving Aggregate Base Subgrade Preparation 6" Curb & Gutter 8' Meandering Sidewalk Handicap Ramps Metro Street Sign Stop Sign Street Light - Shakespear 9500 Lumen Street Light Conduit & Conductor Street Light Pull Box Interconnect Conduit Traffic, Signal @ City Hills Dr, & Vineland Rd. Monument Encasement Landscape Meter Pedestal Median Curb TOTAL STREET IMF'ROVÊMENTS d. MISCELLANEOUS IMPROVEMENTS Standard Block Wall Dust Control Slope Protection & Erosion, '_ ______.__. TOT Alï;';ìisCELLÃNEOUSIMPROV"ËMENTir---- e. SUBTOTAL IMPROVEMENT COST f. CONSTRUCTION CONTINGENCY g. SUBTOTAL IMPROVEMENT COST AND CONTINGËNCY h, INCIDENTAL COST Design Engineering ¡ Engineering Reimburseables & Prints i Improvement Bonds (City) I , Plan Check Fees (City) i Inspection Fees (City) I' MBHCP Fees (City) , 1,64 AC Construction Staking I Soils and Materials Testing and Report I Construction Inspection ...L_ ·TOTAL-iÑcï5ENTAL-ëoST- ... --~.__.._- i. TOTAL CITY HILLS DRIVE (ENTIRE STREET, WEST PORTION) (From Vineland Road to Canteria Drive) IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS $25,503.õoì $28,599,00 : $54.102.00 -1"-"-· 26,00 $4,004,00 I ¡ 1600,00_...!3,200.00, i $7,204.00 26,00 1600,00 2253 TON 2795 CY 9866 SY 2564 LF 20800 SF 1600 SF 2 EA 1 EA 3 EA 1800 LF 12 EA 1300 LF 1 EA 3 EA 1 EA , 2314 LF 45,00 33,00 1.00 9.25 2,50 2,50 300,00 200.00 6500.00 3,00 150.00 4.00 130000.00 250.00 1100.00 8.00 ü-sF'----- 11,60 1 LS 5000,00 1 LS 3000.00 1240.00 LS LS 0,00 54102.00 $0.0011 $54,102.00 $54,102,00 154 LF 2 EA $4,004.00 I $3,200~ $7.204.00 $101,385,00 2,253 TON $92,235,00 t 2,795 CY $9,866,00 I 9,866 SY $23,717,001 i 2,564 LF $52,000.00: ! ° SF $4,000,001 ¡ ° SF $600,00' i 2 EA $200,00 I ì 1 EA $19,500.00 I 3 EA $5,400,00 I ! 1,800 LF $1,800,00[1 12 EA $5,200,00, ì 1,300 LF $130,000,001 ! ° EA $750,00 II 3 EA $1,100,00, ' 1 EA $18.512.00i L2.314 LF $466.265.00 ----'$0.00 I I $5,000,00 I: $3.00º'-ººJ i $8.000.00 $535.571,00 $53.557.00 $589.128.00 45,00 33,00 1.00 9.25 0,00 0,00 300.00 200.00 6500,00 3,00 254.42 4,00 0,00 250,00 1100,00 8.00 $101,385,00 $92,235,00 $9,866,00 $23,717,00 $0.00 $0.00 $600,00 $200,00 $19,500,00 $5,400,00 $3,053,00 $5,200,00 $0,00 $750,00 $1,100.00 $18,512.00 $281,518.00 $0,00 $5,000.00 $3,000,00 $8.000.00 $350,824.00 Included in the above-listed items $350.824.00 $33,299,00 [r--' $403,00 $4,419,00 ! $7,512.00 ¡ $12,372,00 I $2.036,00 $23.836.00 $17,675.00Il $10,369.:QQj $111.921.00 ,- $701,049.00 TOTAL CITY IN THE HILLS AREA IMPROVEMENT INCLUDED IN THIS PAYMENT REQUEST (Subtotals from Item B) a, IMPROVEMENTS b. CONTINGENCY c. INCIDENTALS d,TOTAlCïï'YlNfHEHiI.[Š-AREA IMPROVEMEN:fcOST------' INCLUDED IN THIS PAYMENT REQUEST ) 29713-14,WK4 $535,571.00 $53,557,00 $111,921,00 $701,049,00 1,64 AC ° SF 1 LS 1 LS 0.00 5000,00 3000.00 $30,409,20 $943.30 $1,374,30 $18,315,04 $20,188.90 $12,896.00 $60,014,10 $17,971,88 $1,094.00 $163,206.72 $514.030.72 $350,824,00 Included in the above-listed items $163,206,72 $514,030.72 7863.40 $0.001 ~i 47,380.28 I 3 ii' $47,380,28 I : I I I I I $101,385,00 I I $92,235,00 $9,$9'.00 ; $23,717,00 I $0,0011 2 $0,00 ¡ 2 $600.00 I $200,00 ¡ $19,500.00 $5.400.00 II $3,053.00 , $5,200,00 I $0.00 2 $750,00 $1,100,00 $18,512.00 $281,518.00 $344,102.28 $30,409.20~ $943.30 $1,374.30 $18.315,04 $20.188.90 I $2,036,00 $60,014,10 I $17,971,88 L $1,094,00 $152.346.7:1" $496.449.00 $344,102,28 InCluded above $152,346,72 $496,449~00 ' , ! I I ! i I I I 3 I I I L__,_---.l 03/07/2007 TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.4 IN CITY IN THE HILLS AREA CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 05-1 .___________0 u;_.__. -Ëi;:iGINEER'S REPORT ESTIMATE I ~aUESTED FOR PAYMENT-----"l r-,uAPPROVED : Unit Total II Unit Total I PAYMENT PER I _____.__ : Q~~~~ty Units _Ç~! C~ U~uantity Units _ºP~~J THIS REQUill ' 1"'--- b..m Ite~_p~~c!iJltion RECAPITULATION a. TOTAL APPROVED FOR PAYMENT PER FINAL ENGINEER'S REPORT $701,049.00 b. TOTAL APPROVED FOR PAYMENT NO, 4 (PER THIS REQUEST) $496,449.00 c, TOTAL FUNDS AVAILABLE FOR PAYMENT AT A LATER DATE (IN CITY HILLS DRIVE (West Portion) PORTION OF CITY IN THE HILLS AREA) $204,600.00 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 the Applicant. 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 the invoices pertaining to this Application No. 1 than in the Final Engineer's Report for AD 05-1. 2, Items for which payment will be requested at a later date. The total estimated cost for these items (including their share of Construction Contingency) in the amount of $204,600.00 has been "reserved" (set aside) and is not included in the total amount approved for payment at this time, 3, Items approved for payment at a lesser amount than requested (up to the maximum amount available for payment of all improvements in the City Hills Drive (Entire Street, West Portion) part of the City in the Hills Area of AD 05-1, after the above-referenced $204,600,00 was set aside for the three items for which payment will be requested at a later date), ' \ ) 29713-14'wK4 2 03/07/2007 ) , liXIIJßIT "A" APPLiCATION AND CERl11'ICATlON FOR PAYMENT TO: (OWNER) Mountain View Hra"o. LLt' {,RDreCT: AS~es:;lIIt1ll DislrÎcf 05·1 PROCess DATI::: 2130 C.hesler Avcßue, SuilC 200 Cilylnthellil15lmptO\-eßlelI1S 1/24;2007 Bakersfield, CA 93301 Al1cNTIUN; M:lrinnShaw CONTMnOR- Mountain View flm"O. Ll.t: PROJF.CT NO: . {l~.1 CilyofHaker¡f¡eld 2DOChe.<;ler A\'CnIlC. Sui ('_200 Ism Tnl!l111nA\'CI\uc Bakcrsfield.CA9JJOI Dakerdield.CalJ3306 OWNIiII'S APPLiCA TlON FOR PAYMENT In uccordance with the Acquisition Agreement, appticution for Payment is made for the following items of work: Per Exhibit, Table B·II·A·1 of the Engineefs Report: Actual Approved Assessment Budget 1/24/07 Billing CITY HILLS DRIVE (ENTIRE STREET, EAST PORTION) IMPROVEMENTS A, Improvements $1,286,673,00 $1,380,428.53 B. Contingency $128,667,00 C, lncÎdl¡!nlals $294,722.00 $332,371.66 0, Total City Hills Drive (Entire Street, East PnrhulI) Improvement Cost $1,710,06200 $1,712,800,19 CITY HILLS DRIVE (ENTIRE STREET, WEST PORTION) IMPROVEMENTS (From Vineland Road to Canterla Drive) A, Improvements $535.571.00 $350,824,00 B, Contingency $53,557.00 C. Incidentals $111,921.00 $163,206.72 D. Total City Hills Drive (Entire Street, West Portion) Impm"'l!lnl!nl CoSI $701,049,00 $514,030.72 PANORAMA DRIVE (ENTIRE STREET) IMPROVEMENTS (From Vlneland Road to Masterson Street) A. lÎnprovemenl.<s $2,520,670.00 $1.646,890.42 B, Cunlingency $252,067.00 C. lncidctltals $579,540,00 $437,689.13 D. Total PanotamaDrivc {Entire Streel) Improvement COSI $3,352,277.00 $2,084,579.55 VINELAND ROAD (EAST SIDE, NORTH PORTION) IMPROVEMENTS (From Paladino Drive to Panorama Drive) A, Improvements $749,875,00 $0.00 B, Contingency $74,988.00 $0.00 C. Incidentals $166,930.00 $0.00 0, Total Vineland Rnad Wast Side', NOM Portion) Improvement Cost $991,793,00 $0,00 VINELAND ROAD (EAST SIDE & ENTIRE STREET, SOUTH PORTION) IMPROVEMENTS (From Panorama to 664 Feet South of City Hills Drive; South 664 Feet Full Width) A, Improvements. $681,027.00 $0.00 B, Clmlingency $68, I 03,00 $0.00 C, Incidentals $203,616.00 $0.00 D. Total Vincland Road (Ea.~l Side, Soulh Ponion) Improvement COM $952,746,00 $0.00 MASTERSON STREET (WEST SIDE & ENTIRE STREET) IMPROVEMENTS (From Paladino Drive to Hwy 176; South 1514 Feet Full Width) A, Improvements $1,432,734.00 $0.00 B. C~ntingency $143,273,00 $11.00 C, Incidentals $485,267,00 $0,00 0, Total Ma.'lll!r!:l,ln Street (WCSt Side & Entire Street) Improvement Ctl.~1 $2,061,274.00 $0.00 PALADINO DRIVE (SOUTH SIDE) IMPROVEMENTS (From Vineland Road to Mesterson Street) A, lmprovemenls $1,979,358.00 $0,00 B. Conlingtlm.:y $197,936.00 $0.00 C. Incidentals $463,672.00 $0.00 0, Total Paladino Drive (South Side) ImpfOllemenl Cmt $2,MO,96600 $0.00 CANTERIA DRIVE IMPROVEMENTS (From City Hili. Drive to South End of Storm Drain Sump) A, Jrnprovcments $51,322.011 $61,073.20 B, Contingency $5,132.00 C, Ineidentals $142,201.00 $124,2116 ] 0, Talal (",¡¡nllMiu Orive Improvement Cost $198,655,00 $185,27933 ON·SITE STORM DRAIN IMPROVEMENTS A, Improvements $0.00 $0.00 B, Contingency $0.00 $0.011 C, Incid6111alti $0.00 $0.00 D. Totnl On-Site Stonn Drain Improvement Cost $0.00 $0.00 CITY OF BAKERSFIELD FACILITIES FEES A, City Park Land In-lieu wllllJevelopmcnt Foes $505,200.00 $0.00 For Tr3lll Nil. 1149R B, Towl City ofBakersfteld Facilities Fees $505,200.00 $0.00 TOTAL PROJECT IMPROVEMENT COST A. Improvement $9,742,430,00 $3,439,2i6.15 B. Contingency $923,723.00 C. Incidentals $2,447,86900 $1,057,473.64 D. TOTAL PROJECT IMPROVEMENT COST $13,114,022.00 $4,496,689.79 The above items of work are 100% complete The above amounts are lhe llctUaJ costs for each item ofwor}t as outlined ill Exhibit "B" ofthc Engineer's Repon In actordanct\\ithtlleCornra( obscrvalioß5andlhcdata TheEltWlIl:ll:rcenifil:Slo pmgres.o;edlOlhcpoin kno.....icdgc. information is in jlÇ(:ordarKc with the Centlmof is fntillÑ lu Thl.~cenincme i~ not T\('.p,oliablc. The AMOUNT CERTIFIED i~ pa)1\bk onl~' 10 lhc (annactor named herein. Insurançe. payment and acccplant¢ of payment are Wilhoul prCjlldllX (0 an.1 lìg\¡l~ llrUI1:: ()wn~r III CUlllrõlliluf \Judl::r Ihh Contr.ICl OWNER'S CE'/I'/'IFlCA TION MO\Ultain View Bravo, LLC hereby cenifies that the materials or services ~hown hereon were furnished to the City of Boken;field.; thut no part thereof has been paid; that the items of this claims Me just and legal: that ¡here is due the 1ll1dersigued the mllOWll shown hereon. Mountain View Bravo, LLC 2130 Chester Avenue Suite 200 Bakersfield, CA 93301 ~ < "" ~ñ~~~ ) $4,496,689,79 I - zS-O WHEN RECORDED MAIL TO: James W. Fitch~ Assessor-Recorder Kern County Official ttecords Recorded at the request of Public DOC#: 0207018924 Mountain View Bravo, LLC 2130 Chester Ave. Suite 200 Bakersfield, CA 9330 I Attention: Van Roberts Slat Types: 1 11111111111' 1 Fees Taxes Others PAID Contract No. 10792 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 Mountain View Bravo. LLC 3. The full address of the undersigned is 2130 Chester Ave. Suite 200, Bakersfield, CA 93301 4. The work of improvement on the property hereinafter described as completed on January 23, 2007. 5. The name of the contract, if any, for such work of improvements was Valley Crest Landscape Development 6. 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: Street Improvements including Landscape Meter Pedestal on City Hills Drive (East Portion), City Hills Drive (West Portion), Panorama Drive & Canteria Drive. - Parcel Map 11013 Pbase 1,2 & 3. STATE OF CALIFORNIA ) ) ss. COUNTY OF Lo, ~\...S ) On ~o..,^\S~"\. 1..4. , 2007 before me, ~\~ V\t'l¥"\ ~ Notary Public, personally appèared Dennis A. Harris, personally own to me pro'fed te me 8ft the easis øf sati¡;~tQt')' pvjden~ to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, ànd that by his signature on this instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal. ) KELL Y MCINTYRE COMM. .1684014 z Notary Public . California ~ Los Angeles County ... My Comm, Expires Jut 'l7, 2010 PATTI 1/25/2007 11:44 AM Pages: 1 7.00 0.00 3.00 $10.00 ~fk WHEN RECORDED MAIL TO: James W.Fitch.z. Assessor-Recorder Kern County Official necords Recorded allhe requesl 01 Public DOC#: 0207018117 Mountain View Bravo, LLC 2130 Chester Ave. Suite 200 Bakersfield,CA 93301 Attention: Van Roberts Slat Types: 1 I III 1111111111 II I I Fees Taxes Others PAID Contract No. SS-0052 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 Mountain View Bravo, LLC 3. The full address of the undersigned is 2130 Chester Ave. Suite 200, Bakersfield, CA 93301 4. The work of improvement on the property hereinafter described as completed on January 23, 2007. , 5. The name of the contract, ifany, for such work of improvements was Aleco Corporation 6. 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: Street Improvements including Street Lights, Pull Boxes, 'Conduit & Conductors on City Hills Drive (East Portion), City Hills Drive (West Portion) & Panorama Drive. - Parcel Map 11013 Phase 1,2 & 3. Signature of Owner: STATE OF CALIFORNIA ) ) S8. COUNTY OF Lot, ~'¡'t~ ) On ~o..YI.\lo..N 1-~ ,2007 before me, 'I.. ~ .,.~, Notary Public, personally appeared Dennis A. Harris, personall known to me (or prÐveå to Hl~ 98 th~ basis ef sati5faetøry eviåeBse) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on this instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal. ~~~ Notary Pu Ie KELL Y MCINTYRE COMM. "1684014 Notary Public . California ~ Los Angeles County ~ My Comm. Expires Jul. 27, 2010 PATTI 1/24/2007 11:39 AM Pages: 1 7.00 0.00 3.00 $10.00 ~¡k- WHEN RECORDED MAIL TO: James W. Fitch", Assessor- Recorder Kern County Official necords Recorded at the request ot First American Title SOFIR 9/12/2006 8:01 AM Mountain View Bravo, LLC 2130 Chester Ave. Suite 200 Bakersfield, CA 9330 I Attention: Richard Curtis 111111111111 Stat Types: 1 Fees Taxes Others PAID Pages: 1 DOC#: 0206224918 Contract No. SS~0004 7.00 0.00 0.00 $7.00 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 Mountain View Bravo, LLC 3. The full address of the undersigned is 2130 Chester Ave. Suite 200, Bakersfield, CA 93301 4. The work of improvement on the property hereinafter described as completed on March, 1,2006. 5. The name ofthe contract, ifany, for such work of improvements was Turman Construction Companv. Inc. 6. The property on which said work of improvement was completed is in the City of Bakersfield, County of Kem, State of California, and is described as follows: Grading for Infrastructure - Parcel Map 11013, Phases 1,2 & 3 including Canteria Ave., City Hills Drive, Panorama Dr. and Vineland Rd. Sewer and Storm Drain - Parcel Map 11013, Phase 3, Vineland Rd. Signature of Owner: r... ) STATE OF CALIFORNIA) COUNTY OF KERN ) Dennis A. Harris being duly sworn, says that~ is the Member President of Mountain View Bravo, LLC, the corporat,ion that executed the fm;,egoing notice as owner of the aforesaid interest or estate in the pr9p"erty therein described; that" makes this verification on behalf of said corporation; that.Mfé-has W~ said notice and knows the contents thereof, and that the facts therein stated are true ofllllt own knowledge. <i:!!2fl., ,/ y __ r r- /_c"";;.~ ennis .~arris . State 01 California. County of /..o~ p,,¡,e ltS Subscribed and swam t~ (01' alfinned) before me on".::l.Adlyof~.20. D&. by \)~VlV\ì.'J Ä-. ~~r'5 . øersonaIly known to me or proved to me on the besis of satistactClfy eviclence 0 be the person.£sf who appeared bel II me. Si nature: SUBSCRIBED AND SWORN TO BEFORE ME ON: Date: TYIE COMM. .1684014 Notary Public· California Los An~es County WHEN RECORDED MAIL TO: James W. FJ~chJ. Assessor- Recorder Kern County Official necords Recorded at the request oí First American Title SOFIR 9/12/2006 8:01 AM Mountain View Bravo, LLC 2130 Chester Ave. Suite 200 Bakersfield, CA 9330 I Attention: Richard Curtis DOC#: 0206224919 III II "IIIIIIIII~I~II Stat Types: 1 Contract No. SS-OOlO Fees Taxes Others PAID Pages: 1 7.00 0.00 0.00 $7.00 ~.. ......................................... .... ... ........................................ ... NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: ). The undersigned is the owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is Mountain View Bravo, LLC 3. The full address of the undersigned is 2130 Chester Ave. Suite 200, Bakersfield, CA 93301 4. The work of improvement on the property hereinafter described as completed on March, 1,2006. 5. The name of the contract, if any, for such work of improvements was Golden Valley. Construction 6. The property on which said work of improvement was completed is in the City of Bakersfield, County of Kem, State of Cali fomi a, and is described as follows: Street Improvements including Curb, Gutter, Medians, Base and Paving on Canteria Ave., City.Hills Drive and Panorama Dr. - Parcel Map 11013, Phases 1 & 2 Signature of Owner: Mo ~ STATE OF CALIFORNIA) COUNTY OF KERN ) Dennis A. Harris being duly swom, says that ~s the Member President of Mountain View Bravo, LLC, the corporation that executed the fp',:egoing notice as owner of the aforesaid interest or estate in the pr\lp",erty therein described; that Wmakes this verification on behalf of said corporation; that ~as ~ said notice and knows the contents thereof, and that the facts therein stated are true offta own knowledge. ~ A7f . _ Denl1ls A. Harri ' State of California. County of l,..o., Att,<.\tj Subscribed and sworn to (or .ffinnecI) before me on this 1",-ûy of '5~~t.(" .20 ofø . by ~t..M\S ø.. ~t"'5 personally known to me or proved to on the . basis of salisfact~ evidenè:e to be t penon$a'f who aPØeared before me. . Signature: ;:--r; SUBSCRIBED AND SWORN TO BEFORE ME ON: Date: NTYRE COMM. .1684014 Notary Public . CIIifornia Los Angeles County . . Mountain View Bravo, LLC 2130 Chester Ave. Suite 200 Bakersfield, CA 9330 I Attention: Richard Curtis James W. Fitch Assessor- Recorder Kern County Official Records Recorded a\ the request 01 First American Title DOC#: 0206224920 SOFIR 9/12/2006 8:01 AM WHEN RECORDED MAIL TO: Contract No. SS-0007 '"1111111111111111111 Fees Taxes Others PAID Pages: 1 7.00 0.00 0.00 $7.00 Slal Types: 1 p.. ......-..----.--..-...-......-.........-. ...... .... . -............. -''''''..'''... -- ,_........."........ ...- NOTICE OF COMPLETION NonCE 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 ofthe undersigned is Mountain View Bravo, LLC 3. The full address ofthe undersigned is 2130 Chester Ave. Suite 200, Bakersfield, CA 93301 4. The work of improvement on the property hereinafter described as completed on March, 1, 2006. 5. The name of the contract, ifany,'for such work of improvements was Bradford & Sons Construction, Inc. 6. 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: Storm Drain - Parcel Map 11013, Phases 1 & 2 including Canteria Dr., City Hills Dr. and Panorama Dr. Signature of Owner: r~ STATE OF CALIFORNIA) COUNTY OF KERN ) Wv Dennis A. Harris being duly sworn, says that !JÅ@.is the Member President of Mountain View Bravo. LLC, the corporation that executed the ¥?tegoing notice as owner of the aforesaid interest or estate in the prv.eerty therein described; that~ makes this verification on behalf of said corporation; thatJ!l!íé has r.ejld said notice and knows the contents thereof, and that the facts therein stated are true of M own knowledge. -~~'''''''~'''''''''>o<".,~ -, StaIe~CaIifomïa.CounIvof ¿O~ AV\~e\es Subscribed_ sworn to (Of IIfinnect) bIJore me onlhis ~"oI ~tPhMl\Þc"- .20,0,," . br U~II\t\\s A. \-\o.n--,') ~SItis'"r' to "" or proved to me On the . who -1I'td= evidenCe to be ltle son/.I'f ........ . me. SigneIure: . 'IAIu. ~UBSCRIBED AND SWORN TO BEFORE ME ON: Date: l!'\!:_Í-,. I:.. 1 'II I-..U James W. Fitch.z. Assessor- Recorder arT 0 5 2006 Kern County Official necords WHEN RECORDED MAIL TO: Reoorded at the request 01 First American Title SOFIR 9/12/2006 8:01 AM \ I Mountain View Bravo, LLC 2130 Chester Ave. Suite 200 Bakersfield, CA 9330 I Attention: Richard Curtis Stat Types: 1 Contract No. SS-0008 I '1\ '111\1\111\11111 Fees Taxes Others PAID Pages: 1 7.00 0.00 0.00 $7.00 . OOC#: . 0206224917 .... .............. ........ ......- .... .........-.. .... ... ..................... I.......··,,·.. ........ -.. ... NOTICE OF COMPLETION NonCE 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 Mountain View Bravo, LLC 3. The full address of the undersigned is 2130 Chester Ave. Suite 200, Bakersfield, CA 93301 4. The work of improvement on the property hereinafter described as completed on March, 1, 2006. 5. The name of the contract, if any, for such work of improvements was Aleco Corporation 6. The property on which said work of improvement was completed is in the City of Bakersfield, County of Kem, State of Cali fomi a, and is described as follows: Sewer - Parcel Map 11013, Phases 1,2,3 & 4 including Canteria Dr., City Hills Dr., Vineland,and Panorama Dr. Signature of Owner: ikÐ ember President B STATE OF CALIFORNIA) COUNTY OF KERN ) ) lu.- Dennis A. Harris being duly sworn, says that §åe is the Member President of Mountain View Bravo, LLC, the corporation that executed the fp'~egoing notice as owner of the aforesaid interest or estate in the pre..rerty therein described; that ~makes this verification on behalf of said corporation; that Me has 6~d said notice and knows the contents thereof, and that the facts therein stated are true ofmi'own knowledge. ~. . . -~~ . ! . '.'_.~''':'''~ . ' '~ Denms /'1:.. arris State 01 Clllilornia. County of L b\ ~ dt S Sublc:fiÞecl ... S~ to (or etfirmed) tore me on this 1tb.. day of c;~tGnbel.20~. by D~",\'\ic¡ A.~'S . lMlI'SOl'UIlIw knowri to tne or proved to me on the basis of šalisf8C~ eyidençe to be person,*, who appeared befoí'e me. SUBSCRIBED AND SWORN TO BEFORE ME ON: Date: z :u o 06 Mountain View Bravo, LLC 2130 Chester Ave. Suite 200 Bakersfield, CA 93301 Attention: Richard Curtis , "- James W. Fitch~ Assessor-Recorder Kern County Official tlecords Recorded at the request of Public DOC#: 0207004816 PATTI 1/08/2007 11:27 AM WHEN RECORDED MAIL TO: Contract Nù. SS-0069 111111111I1111I111 Fees Taxes Others PAID Pages: 1 7.00 0.00 3.00 $10.00 Slat Types: 1 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 Mountain View Bravo, LLC 3. The full address of the undersigned is 2130 Chester Ave. Suite 200, Bakersfield, CA 93301 4. The work of improvement on the property hèreinafter described as completed on . Aûgust 18,200(). 5. The name of the contract, if any, for such work of improvements was Black Stone Asphalt 6. 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: ¡' '\ Street Improvements including Curb, Gutter, Medians, Base and Paving on City Hills Drive (Entire Street, West Portion) From Vineland Road tò Canteria Drive -Parcel Map 11013 Phase 3. ~iÎbtr STATE OF CALIFORNIA ) ) ss. COUNTY OF KERN . ) t On January 3, 2007 before me, ~(¡1 , Notary Public, personally appeared Dennis A. Harris, ersonally own to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on this instrum¢ttt the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal. ') , . " ,'t ... M ¡ III ' ,<,}'" (,'" ) ~ First American Title Company 9201 Camino Media, Suite 100 Bakersfield, CA 93311 March 22, 2007 Gregory T. Shamlian Indymac Bank 155 North Lake Avenue Pasadena, CA 91101-5615 Phone: (800)669-2300 Fax: (626)585-5108 Customer Reference: City Hills Drive - West Portion Property: BAKERSFIELD, CA Attached please find the following ¡tem(s): Guarantee Thank You for your confidence and support. We at First American Title Company maintain the fundamental principle: Customer First! ) First American Title Company Form 9 (6/6/92) Order Number: 1508- 2171003 Page Number: 1 CLTA Mechanic's Uen Guarantee \ i GUARANTEE LIABILITY: FEE: $100,000.00 $424.40 ORDER NO.: YOUR REF: 1508-2171003 6452 First American Title Insurance Company a California corporation, herein called the Company GUARANTEES cm 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. UABIUlY 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 assurances herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. 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. Dated: March 21, 2007 at 7:30 A.M. ) First American Title Company Form 9 (6/6/92) Order Number: 1508- 2171003 Page Number: 2 CL TA Mechanic's Lien Guarantee \ SCHEDULE A MECHANIC'S UEN GUARANTEE 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 real property described herein, there are no Notices of Completion Notices of Cessation of Labor Notices of Non-Responsibility Claims of statuatory 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, ) I recorded prior to March 21, 2007, which purport to affect said real property, other than those shown below under Exceptions. The real property referred to in this Guarantee is described as follows: Real property in the City of BAKERSFIELD, County of KERN, State of California, described as follows: See Attached Exhibit "A" EXCEPnONS: None The map attached, if any, mayor may not be a survey of the land depicted hereon. First American expressly disclaIms any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map Is attached. First American Title Company ¡ ) Form 9 (6/6/92) Order Number: 1508- 2171003 Page Number: 3 CL T A Mechanic's Uen Guarantee SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defectsf liens, encumbrancesf adverse claims or other matters against the title, whether or not shown by the public records. .' (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (e) (1) 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 (1), (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) Defectsf liens, encumbrances, adverse claims or other matters affecting the tltle to any property beyond the lines of the land expressly described in the description set forth In Schedule (A), (C) or in Part 2 of this Guarantee, or title to streetsf roadsf avenuesf lanesf ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, rampSf or any structure or improvements; or any rights or easements therein, unless such propertyf rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other mattersf whether or not shown by the public records; (1) which are createdf suffered, assumed or agreed to by one or more of the 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 validityf legal effect or priority of any matter shown or referred to In this Guarantee. GUARANTEECOND~ONSANDSnpULAnONS 1. Definition of Terms. The' follOWing terms when used In the Guarantee mean: , (a) the "Assured": the party or parties named as the Assured In this Guarantee, or on a supplemental writing executed by the Company. (b) "'and": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2. nor any rightf titlef interest, estate or easement in abutting streets, roads, avenues, alleysf lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or Interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the CompanYf then all liability of the Company shall terminate with regard to the manner or matters for which prompt notice Is required; provided, however, that failure to notify the Company shall In no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of. the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a partyf notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its soie option and cost, to institute and prosecute any action or proceeding, interpose a defensef as limited in (b)f or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not It shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exerciSe its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (e) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. First American Title Company Form 9 (6/6/92) Order Number:' 1508· 2171003 Page Number: 4 CLTA Mechanic's Uen Guarantee \ ) (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals thereinf and permit the Company to use, at Its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evldencef obtaining witnessesf prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or Interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the reqUired cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. ' 5. Proof of Loss Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage sIgned and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall desalbe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculatil'\g the amount of the loss or damage. If the Company 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 Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall prO<:luce for examination, inspection and copyingf at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Furtherf if requested by any authorized representative of the Company, the Assured shall grant its permission, In writing, for any authorized representative of the Company to examlnef inspect and copy all records, books, ledgersf checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the loss damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information of grant permission to secure reasonably necessary information from third parties as required in the above paragraphf unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Payor Otherwise Settle Claims:, Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) 'To Pay Or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to payor settle or compromise for or In the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtednessf the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price, Upon the exercise by the Company of the option prOVided for In Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraphf shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay Otherwise Settle With Parties Other Than the Assured or With the Assured Oaimant. To payor otherwise settle with. other parties for or in the name of an Assured claimant any daim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exeråse by the Company of the option prOVided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shall terminatef including any obligation to continue the defense Or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated In Schedule A or in Part 2; (b) the amount of the unpaid principal Indebtedness secured by the mortgage of an Assured mortgagee, as limIted or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee 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 interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defectf lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed Its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final detem1ination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of l.iability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. ' 10. Payment of Loss. ) First American Title Company Form 9 (6/6/92) Order Number: 1508- 2171003 Page Number: 5 CLTA Mechanic's Uen Guarantee \ (a) No payment shall be made without produdng this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfactiOn of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stlpulationsf the loss or damage shall be payable within thirty (30) days thereafter. ' 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured daimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rIghts and remedies against any person or property necessary In order to perfect this right of subrogation. The Assured shall permit 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 payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its prlndpal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the TItle Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may Indude, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guaranteef any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Uability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may Include attorneys' fees only if the laws of the state in which the land is located permits a court to award attomeys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the TItle Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Uabllity Umlted to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, Whether or not based on neg6gence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the Presidentf a Vice President, the Secretary, and Assistant Secretary, or validating officer or authorized signatory of the Company, 14. Notices, Where Sent. All ootices required to be given the Company and any statement In writing required to be furnished the Company shall Include the number of this Guarantee and shall be addressed to the Company at 2 First American Way, Bldg 2, Santa Ana, California, 92707, ) First American n'tle Company . . . ,-EXHIBIT "A" EXHIBIT "A" ASSESSMENT DISTRICT NO. 05-1 CITY HILLS DRIVE (WEST PORTION) LEGAL DESCRIPTION CITY HILLS DRIVE (FROM VINELAND ROAD TO CANTERIA DRIVE) BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNEROF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT "C" OF LOT LINE ADJUSTMENT NO. 05-1188, ACCORDING TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORD NOVEMBER 01,2005 AS DOCUMENT NO. 0205303329, OFFICIAL RECORDS. IN THE OFFICE OF THE KERN COUNTY RECORDER. BEING MARKED BY A 2 INCH IRON PIPE WITH A HUB AND TAG LS NO. 4383, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF VINELAND ROAD AND CITY HILLS DRIVE; THENCE ALONG THE FOLLOWING SEVENTEEN (17) COURSES: 1) NORTH 00°28'09" EAST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION AND THE CENTERLINE OF SAID VINELAND ROAD, A DISTANCE OF 91.00 FEET; THENCE 2) DEPARTING SAID WEST LINE AND SAID CENTERLINE, SOUTH 89°31'51" EAST, A DISTANCE OF 60.00 FEET; THENCE 3} SOUTH 44°31'51" EAST, A DISTANCE OF 42.43 FEET; THENCE 4) SOUTH 89°31'51" EAST, A DISTANCE OF 225.00 FEET; THENCE 5) SOUTH 87°50'01" EAST, A DISTANCE OF 145.15 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,900.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 02°21'16" EAST; THENCE 6} EASTERL YALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11°36'45", AN ARC DISTANCE OF 385.09 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,955.00 FEET, FROM WHICH POINTA RADIAL LINE BEARS NORTH 10°50'40" WEST; THENCE 7} EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°13'59", AN ARC DISTANCE OF 349.16 FEET; THENCE 8) NORTH 68°55'21" EAST, A DISTANCE OF 73.59 FEET; THENCE 9) SOUTH 21°04'39" EAST, A DISTANCE OF 90.00 FEET; THENCE 10) SOUTH 68°55'21' WEST, A DISTANCE OF 73.59 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2,045.00 FEET; THENCE ) , file://C:\Documents and Settings\trose\Desktop\City hills Drive - West.htm 3/22/2007 · . "EXHIBIT "A" 11 ) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°13'59", AN ARC DISTANCE OF 36S.24 FEET TO THE BEGINNING OF A NON-TANGENT '\ CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2.050.00 FEET, FROM WHICH POINT A RADIAL ) LINE BEARS NORTH 11°10'S8" WEST; THENCE 12) WESTERLY ALONG SAID CURVE. THROUGH A CENTRAL ANGLE OF 11°17'34". AN ARC DISTANCE OF 404.0S FEET; THENCE 13) NORTH 89°53'20 WEST. A DISTANCE OF 245.09 FEET; THENCE 14) NORTH 89°31'S1" WEST, A DISTANCE OF 115.00 FEET; THENCE 15) SOUTH 45°28'09" WEST, A DISTANCE OF 42.43 FEET; THENCE 16) NORTH 89°31'Sr WEST, A DISTANCE OF 70.00 FEET; THENCE 17) NORTH 00°28'09" EAST, A DISTANCE OF 79.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3.03 ACRES, MORE OR LESS. ) file://C:\Documents and Settings\trose\Desktop\City hills Drive - West.htm 3/22/2007 · . , , . '\ EXHIBIT "A" ASSESSMENT DISTRICT NO. 05-1 CITY HILLS DRIVE (WEST PORTION) LEGAL DESCRIPTION CITY HILLS DRIVE (FROM VlNELAND ROAD TO CANTERIA DRIVE) BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17. TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M.. CITY OF BAKERSFIELD, COUNlY Oi= KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE' SOUTHWEST QUARTER OF SAID SECTION 17, SAID POINT ALSO BEING THE NORTHWEST CORNER OF lOT "C" OF LOT LINE ADJUSTMENT NO. 05-1188, ACCORDING TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORD NOVEMBER 01,2005 AS DOCUMENT NO. 02Q5303329, OFFICIAL RECORDS. IN THE OFFICE OF THE KERN COUNTY RECORDER, BEING MARKED BY A 2 INCH IRON PIPE WITH A HUB AND TAG LS NO. 4383, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF VINElAND ROAD AND CITY HILLS DRIVE; THENCE ALONG THE FOLLOWING SEVENTEEN (17) COURSES: 1) NORTH 00°28'09" EAST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION AND THE CENTERLINE OF SAID VINELAND ROAD, A DISTANCE OF 91.00 FEET; THENCE 2) DEPARTING SAID WEST LINE AND SAID CENTERLINE, SOUTH 89°31'51" EAST, A DISTANCE OF 60.00 FEET; THENCE \ I 3) SOUTH 44°31'51" EAST, A DISTANCE OF 42.43 FEET; THENCE 4) SOUTH 89°31'51" EAST, A DISTANCE OF 225.00 FEET; THENCE 5) SOUTH 87°50'01" EAST, A DISTANCE OF 145.15 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1.900.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 02°21'16" EAST; THENCE 6) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 °36'45", AN ARC DISTANCE OF 385.09 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,955.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 10°50'40" WEST; THENCE 7) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°13'59", AN ARC DISTANCE OF 349.16 FEET; THENCE 8) NORTH 68°55'21" EAST, A DISTANCE OF 73.59 FEET; THENCE 9) SOUTH 21°04'39" EAST, A DISTANCE OF 90.00 FEET; THENCE 10) SOUTH 68°55'21" WEST, A DISTANCE OF 73.59 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2,045.00 FEET; THENCE P:\PROJECTS\00112\LEGALS\00112EM70 _ASSMNT02.doc BOM 3/13/2007 · . , , . EXHIBIT "A" ASSESSMENT DISTRICT NO. 05-1 CITY HILLS DRIVE (WEST PORTION) LEGAL DESCRIPTION (CONTINUED) 11) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°13'59", AN ARC DISTANCE OF 365.24 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2,050.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 11 °1 0'58" WEST; THENCE 12) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11°17'34", AN ARC DISTANCE OF 404.05 FEET; THENCE 13) NORTH 89°53'20" WEST, A DISTANCE OF 245.09 FEET; THENCE 14) NORTH 89°31'51" WEST, A DISTANCE OF 115.00 FEET; THENCE 15) SOUTH 45°28'09" WEST, A DISTANCE OF 42.43 FEET; THENCE 16) NORTH 89°31'51" WEST, A DISTANCE OF 70.00 FEET; THENCE 17) NORTH 00°28'09" EAST, A DISTANCE OF 79.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3.03 ACRES, MORE OR LESS. MciNTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield, CA 93309 (661) 834-4814 P:\PROJECTS\00112\LEGALS\00112EM70 _ ASSMNT02.doc 8DM 3/13/2007 2 .;:, .I. Aßß.I. r ßn...ll'.I..1. .I. ISSUED BY THE DIRECTOR OF PUBLIC WORKS CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT D 1501 TRUXTUN AVE ORIGINAL BAKERSFIELD CA 93301 (661) 326-3049 Inspections Application Number . . . . . ~roperty Address ..... Application type description 07-20000088 Date CITY HILLS W/CANTERIA PUBLIC WORKS - STREET PERMIT 1/24/07 Owner Contractor BLU SKY HOMES 1554S SUPULVEDA BLVD #204 LOS ANGELES CA LOS ANGELES CA 90025 (661) 395-1145 ----------------------------------------------------------------.----'------- Permit .... . Additional desc . Phone Access Code Permit Fee Issue Date Expiration Date . STREET PERMIT 635789 .00 1/24/07 3/25/07 valuation o 'Qty Uhit Charge Per 1.00 .0000 EA PW STREET PERMIT FEE Extension .00 ---------~----------------,~----:-~---~--~---~---------~-----~-::~-------~--- Special Notes and Comments sidewalk improvements for pm 11013 see attached 'engineers estimate use bond 5007417 for fees Ste~e Carlyle 395 1145 ~-------------------------------------------------------------------------- J Fee summary Charged Paid Credited Due ----------------- ---------- ---------- ---------- ---------- Permit Fee Total .00 .00 .00 ,00 Grand Total .00.00.00.00 24 HOUR NOTICE IS REQUIRED FOR ALL INSPECTIONS AND TESTING Applicant is hereby granted permission, subject to the provisions of all City Ordinances applicable thereto, and will assume responsibìlìties for all 'damages to streets or other property that may result from the work perfonned, OPEN CUITING OF STREETS WILt NOT BEPERMITIED WITHOUT INSPECTOR'S APPROVAL. THIS PERMIT EXPIRES ON DATE SHOWN ABOVE. FAILURE TO COMPLETE WORK AUTHORIZED ON THIS PERMIT BY DATE OF EXPIRATION MAY RESULT IN ADDITIONAL COSTS TO YOU IF THE CITY MUST COMPLETE THE WORK. TIME EXTENSION REQUESTS MUST BE APPROVED BY THE CITY ENGINEER PRIOR TO THE EXPIRATION DATE. A ) to two"'''''o". Addi'~I"''''''''''~''t~wlll bed~i~~~ . Approved By: RAUL ROJAS, CITY ENGINEER By: \~~ J . " j , Depl¡lty Additional Terms on the Back All necessary grading, backfilling, resurfacing and cleanup is to be done by the applicant. '~::~. ',' >.(''Ii-: I': i';~·"':':'·::'·_..: :' Traffic ,4q~ttð)~,rnhtfo'~Qn{çpp to State of California and Cal Trans standards. '\ ~_ihe trench or excavation is five feet or deeper, applicant shall, at applicant's sole cost, comply with all of lh" requirements of Municipal, State, Federal authorities now in force, or which may hereafter be in force, including all provisions and regulations of the Labor Code of the State of California. Applicant shall be responsible for obtaining the required permits from Municipal, State and Federal Authorities, PRIOR to proceeding with any of the work. In consideration of granting this permit, applicant shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, befor~ administrative orjudicial tribunals of any kind whatsoever, arising out of, connected with, or caused by applicant, applicant's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this permit whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. I have read and acknowledge the above. ~licant's Initials Inspector's Report: ~ - 2..«ò - 01 5\ d f. wa..1 \Ls b..\\ ~ *ra-.Çç\ C, ~4-eVV\~ (p~?\L.-+ed ~KLeþ~' Sì~n~ ;w.prov€."-\e..ct s. - 5.Lesh Date Finaled: 3 - 2-8 - 07 No. ofJnsp. Inspector: .s. Lesh I I I I I I I I I I I I EXHIBIT B TABLE B-II-B ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 05-1 COUNTY OF KERN, STATE OF CALIFORNIA ENGINEER'S ITEMIZED ESTIMATE OF IMPROVEMENT ACQUISITION COST DETAILS OF CITY IN THE HILLS IMPROVEMENTS TO BE ACQUIRED '\ DESCRIPTION i.INCIDENTAL COST Design Engineering Engineering Reimburseables & Prints Improvement Bonds (City) Plan Check Fees (City) Inspection Fees (City) MBHCP Fees (City) Construction Staking Soils and Materials Testing and Report Construction Inspection TOTAL INCIDENTAL COST j. TOTAL CITY HILLS DRIVE (ENTIRE STREET, EAST PORTION) (From Canterla Drive to Panorama Drive) IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS B. CITY HILLS DRIVE (ENTIRE STREET, WEST PORTION) IMPROVEMENTS '(From Vlneland Road to Canterla Drive) a. GRADING Mobilization (5% of construction items) ·Roadway Excavation TOTAL GRADING b. STORM DRAIN IMPROVEMENTS 18'" Storm Drain Pipe Type A Catch Basin' TOTAL STORM DRAIN IMPROVEMENTS c. STREET IMPROVEMENTS A.C. Paving . . 2253 TON d Aggregate Base 2795 CY ,tJ:;\It-(e- 'KSubgrade Preparation 9866 . SY I '0 ~V'I\( ~'~rb & Gutter 2564 LF ~"...v 1~ ott:JfJ~ I, 'andering Sidewali)- not cOVlAf\e...+e 20800 SF -::.r~' 'v andlcaPRa,mps '. 1600 SF , Metro Street Sign 2 EA I ' , Stop Sign 1 EA '. Street Light - Shakespear 9500 Lumen 3 EA Street Light Conduit & Conductor 1800 LF Street Light Pull Box 12 EA Inte~ nect C . 1300LF raffle Signal Cl Hills Dr. & Vineland Rd l \_ 1 EA Monumen ncasement V)ð cotMp L Te 3 EA Landscape Meter Pedestal 1 EA Median Curb 2314 LF TOTAL STREET IMPROVEMENTS d. MiSCELLANEOUS Standard Block Wall Dust Control Slope Protection & Erosion TOTAL MISCELLANEOUS e. SUBTOTAL IMPROVEMENT COST 16.84 AC ) 1 9533 LS CY 154 2 LF EA I I I I I o 1 1 ) 29670B2B B-II-8-2 TOTAL 1240.00 $87,815.00 $1,312.00 $10,615.00 $18,045.00 $29,721.00 $20,886.00 $63,489.00 $42,459.00 $20,380.00 $294,722.00 $1,710,062.00 SF LS LS 2~503.00 $25,503.00 3.00 $28,599.00 $54,102.00 26.00 $4,004.00 1600.00 $3,200.00 $7,204.00 45.00 $101,385.00 33.00 $92,235.00 1.00 $9,866.00 9.25 $23,717.00 2.50 $52,000.00 2.50 $4,000.00 300.00 $600.00 200.00 $200.00 6500.00 $19,500.00 3.00 $5,400.00 150.00 $1,800.00 4.00 $5,200:00 130000.00 $130,000.00 250.00 $750.00 1100.00 $1,100.00 8.00 $18,512.00 $466,265.00 11.60 $0.00 5000.00 $5,000..00 3000.00 $3,000.00 $8,000.00 $535,571.00 09/19/2005 . , I I ') I I DESCRIPTION . f. CONSTRUCTION CONTINGENCY (10%) g. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY I, h. INCIDENTAl COST Design Engineering . Engineering Reimburseables & Prints Improvement Bonds (City) I Plan Check Fees (City) Inspection Fees (City) MBHCP Fees (City) Construction Staking I Soils and Materials Testing and Report Construction Inçection TOTAl INCIDENTAL COST Ii. TOTAL CITY HILLS DRIVE (ENTIRE STREET, WEST PORTION) (FI'bm Vlneland Road to Canterll Drive) GJ IMPROVEMENTS, CONnNGENCY, AND INCJDENTALS ~ANORAMA DRIVE (ENTIRE STREET) IMPROVEMENTS I - t (From Vlnellnd Road to Masterson Street) ,...... rt:" \ '}. ~ ,a. GRADING . yA")\~~'D Mobilization (5% of construction items) \.... Roadway excavation TOTAl GRADING b. STORM DRAIN IMPROVEMENTS 18" Storm Drain Pipe 24" Storm Drain Pipe ~O" Storm Drain Pipe 36" Storm Drain Pipe 42" Storm Drain Pipe Type A Catch Basin Manhole TOTAL STORM DRAIN IMPROVEMENTS . , , c. . SEWER IMPROVEMENTS 8" Sewer Pipe Standard Manhole TOTAL SEWER IMPROVEMENTS d. STREET IMPROVEMENTS A.C. Paving Aggregate Base SubgradePreparatlon 6" Curb"& Gutter 6' Meandering Sidewalk Handicap Ramps .Metro Street Sign Stop Sign Street Light - Shakespear 9500 Lumen Street Light Conduit & Conductor Street Light Pull Box Interconnect Conduit EXHIBIT B . TABLE B-II-8 ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 05-1 COUNTY OF KERN, STATE OF CALIFORNIA ENGINEER'S ITEMIZED ESTIMATE OF IMPROVEMENT ACQUISITION COST DETAILS OF CITY IN THE HILLS IMPROVEMENTS TO BE ACQUIRED QUANTITY 1 39930 2237 . 529 o o o o 2 1846 LF 9 EA ) 6356 7885 27830 10890 65340 3200 8 4 16 9600 64 5445 29670B2B 8-II-B-3 1.64 AC LS CY LF LF LF LF LF EA EA TON CY SY LF SF SF EA EA EA LF EA LF 1240.00 120032.00 3.00 26.00 32.00 40.00 50.00 60.00 1600.00 , 1900.00 18.00 1900.00 45.00 33.00 1.00 9.25 2.50 2.50 300.00 200.00 , 6500.00 3.00 150.00 4.00 TOTAL $53,557.00 $589,128.00 $33,299.00 $403.00 $4,419.00 $7,512.00 $12,372.00 $2;036.00 . $23,836.00. $17,675.00 $10,369.00 $111,921.00 $701,048.00 $120,032.00 $119,790.00 '$239,822.00 $58,162.00 $16,928.00 $0.00 $0.00 $0.0'0 , $O~OO $3,800.00 $78,890.00 , '$33,228.00 $17,100.00 $50,328.00 $286,020.00 $260,205.00 $27,830.00 $100,733.00 $163,350.00 $8,000.00 $2,400.00 $800.00 $104,000.00 $28,800.00 $9,600.00 $21,780.00 09/19/2005 CITY OF BAKERSFIELD CLAIM VOUCHER IVendor No. I certify that this claim is correct and valid, and is a proper charge against the City Agency and account indicated. CLAIMANT'S NAME AND ADDRESS: MOUNTAIN VIEW BRAVO, LLC 2130 CHESTER AVENUE, SUITE 200 BAKERSFIELD, CA 93301 (AUTHORIZED SIGNATURE OF CITY AGENCY) Date: 3/22/2007 CITY DEPARTMENT: Initials of Preparer: PS PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT: Public Works (Including Contract Number if Applicable) IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 05-1, CITY HILLS DRIVE, WEST PORTION Fund Dept. \" _)9 Base Ell Objt Project # Invoice Number Amount Comments on check stub 4031 822 8041 KEA621 496,449.00 VOUCHER TOTAL $496,449.00 SECTION 72, PENAL CODE ,f"^~on 72, Presenting False Claims. Every person who with intent to defraud, k /~nts 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 DocumentslClaimvouchertemplate112:00 PM