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HomeMy WebLinkAboutPayment 05-1 City in the Hills ¡;~"ti:'" F~;. ~ . - (') BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Paul Sheats, Accountant I Marian P. Shaw, Civil Engineer IV ~ FROM: DATE: March 8, 2007 SUBJECT: ASSESSMENT DISTRICT NO. 05-1 PAYMENT REQUEST City in the Hills Area Acquisition Payment Processing No.1 ******************************************************************* .( ) The City has received a written application request from the developer that the improvements to the Panorama Drive are complete have been accepted by the City. These improvements do not include the standard block wall, 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 Mechaniès 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 in the Hills Area. 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). $2,084,579.55. Send $2,084,579.55 to: Mountain View Bravo, LLC 2130 Chester Ave. Suite 200 Bakersfield, CA 93301 Attention: Van Roberts xc: Nelson Smithf Finance Director Bob Sherfy, Deputy City Attorney { ) Panorama 05-1 Pay NoI.doc prepared Thursday, March 8, 2007 11 :56AM / '\ ¡ \, ) 0) Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 February 23,2007 29713-1-1 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. I Dear Marian, Dan, and John: Wilson & Associates has finished our review process of a portion ofthe payment request (pertaining to the Panorama Drive) 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 February 22, 2007 (collectively, the "Application No.1"). Exceptfor the cost of the 'Wtandard Block Wall" described on page 2 of this letter, this letter and recommendation for payment pertain to all improvements in Panorama Drive only (described in Exhibit B, Table B-II-B, Item C ofthe Final Engineer's Report for AD 05-1). The improvements described in, respectively, Items A, B, and H of Exhibit B, Table B-II-B (identified as "City Hills Drive (Entire Street, East Portion) Improvements," "City Hills Drive (Entire Street, West Portion) Improvements," and "Canteria Drive Improvements," respectively), which are also a part of Application No.1, will be rèviewed and processed by Wilson & Associates in a separate transmittal, in order to speed up the reimbursement process for the Panorama Drive portion of the improvements, which appear to be closer to acceptance by the City than the other four groups of improvements listed above. . 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 Panorama Drive 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.1 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. 1 and requested for payment by the Applicant. Table 1 also shows in its column entitled "Approved Payment Per This Request" the amount for each item of work we recommend for payment to the Applicant as the AD 05-1 Acquisition Price under Payment No. 1 for the Panorama Drive portion of the AD 05-1 City in the Hills Area. Also enclosed are: (i) a copy of the Applicant's "Application and Certificate for Payment" form, and (ii) copies of the Applicant's Notices of Completion for various improvements pertaining to Panorama Drive. The below- described pavment is contingent upon: (i) the City's issuance ofNotice( s) of Completion (or Street Permit(s)) for the improvements (other than the block wall) in Panorama Drive, and (ii) the City's receipt from the Applicant of appropriate "Mechanic Lien Guarantee(s)" for those improvements. I( I1t Marian Shaw / Dan Anson / John Stinson February 23, 2007 Page Two The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the completed AD 05-1 Panorama Drive Improvements per Application No. 1 is $2,084,579.55, all as itemized on the enclosed Table 1 and summarized below. The following is a recapitulation offunds recommended for payment under this City in the Hills Area Payment No.1: Amount Requested for Payment Amount Approved for Payment No.1 Improvement Acquisition Item AD 05-1 Approved Amount C. PANORAMA DRIVE (ENTIRE STREET) (From Vineland Road to Masterson Street) 1. Grading 2. Storm Drain Improvements 3. Sewer Improvements 4. Street Improvements 5. Miscellaneous Improvements 6. Contingency 7. Incidentals 8. Total Panorama Drive Improvements $ 239,822.00 $ 49,000.00 $ 49,000.00 $ 78,890.00 $ 88,221.60 $ 88,221.60 $ 50,328.00 $ 50,328.00 $ 50,328.00 $1,104,238.00 $1,457,429.07 $1,457,429.07 $1,047,392.00 $ 1,911.75 $ 1,911.75 $ 252,067.00 $ 0.00 $ 0.00 $ 579.540.00 $ 437.689.13 $ 437.689.13 $3,352,277.00 $2,084,579.55 $2,084,579.55 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 "I" 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. An item labeled "2" in Table 1 "Notes" column is a "Subdivision Block Wall" improvement item to be constructed on both sides of Panorama Drive, along its entire length between Vineland Road and Masterson Street. As confirmed by the Applicant, and as approved by the City, a separate request for payment for this item will be submitted at a later date. The total estimated cost for this item (including its share of Construction Contingency) in the amount of $1,111,651.20 has been "reserved" (set aside) and is not included in the total amount approved for payment at this time. Based on the findings described above and in accordance with the Application No.1, it is the recommendation of our analysis that $2,084,579.55 be paid (but onlv aller Notice(s) of Completion or Street Permit(s) and Mechanics Lien Guarantee(s) areflledfor 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.1 request for the completed improvements in Panorama Drive of the AD 05-1 City in the Hills Area. It· Marian Shaw / Dan Anson / John Stinson February 23,2007 Page Three Please call if you have any questions on the results of our analysis or the recommendations presented herein for payment of the Acquisition Price. Sincerely ~~~ ~ Ed Wilson Dejan Pavié Wilson & Associates Enclosures cc: Dennis Harris Van Roberts Schzelle Wood TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1 IN CITY IN THE HILLS AREA CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 05-1 REQUESTED FOR PAYMENT Unit Total Q!:,~ntity Units Cost Cost ~--É~~INEER'S REPORT ESTIMATE I I _ Unit Total I Item º~!~!!p'tion ~tity Units c.~~t Cost ~ C. PANORAMA DRIVE (ENTIRE STREET) IMPROVEMENTS (From Víneland Road to Masterson Street) a. GRADING Mobilization (5% of construction items) Roadway Excavatio~.____ TOTAL G,RADING b. STORM DRAIN IMPROVEMENTS 18" Storm Drain Pipe "-2'237 LF 24" Storm Drain Pipe 529 LF 30" Storm Drain Pipe I ° LF 36" Storm Drain Pipe I 00 LF 42" Storm Drain Pipe LF Type A Catch Basin I ° EA Manhole I ,2 EA TOTAL STORM DRAIN IMPROVEMENTS c. SEWER IMPROVEMENTS 8" Sewer Pipe Standard Manhole TOTAL SEWER IMPRÖVEMENTS d. STREET IMPROVEMENTS A,C, Paving 1~56' TON Aggregate Base 7885 CY Subgrade Preparation I 27830 SY 6" Curb & Guller 10890 LF 6' Meandering Sidewalk 65340 SF Haiidicap Ramps i 3200 SF Metro Street Sign I 8 EA Stop Sign 4 EA Street Light - Shakespear 9500 Lumen 16 EA Street Light Conduif& Conductor 9600 LF Streei Light Pull Box , 64 EA Interconnect Conduit 1~5445 LF Monument Encasement 10 EA Landscape Meter Pedesta.1 1 EA Median Curb 10890 LF TOTAL STREETlMPROVEMENTS··n .-- .. e. MISCELLANEOUS IMPROVEMENTS Standard Block Wall I 87120 SF Dust Control . I 1 LS Slope Protection ~.~!?sion ,L-... 1 LS TOTAL MISCELLANEOUS IMPROVEMENTS f. SUBTOTAL IMPROVEMENT COST g. 'CONSTRUCTION C()NTINGENCY h. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY i. INCIDENTAl COST' Design Engineering' . Engineering Relml:lurseables & Prints ImprovemE!nt Bonds (City) Plan Check Fees (City) Inspection Fees (City) MBHCP Fees (City) Construction Stakin!! Solis and MaterialsTesting and Report Construction Ins~~~i~n....._ TOTAL INCIDENTAL COST j. TOTAl PANORAMA DRIVE (ENTIRE STREET) (From Vlneland Road to Masterson Street) IMPROVEMENTS. CONTINGENCY. AND INCIDENTALS fl' litem i 1 LS 120032,00 I 39930 CY 3.00 $120.032.00 $119.790,00 $239,822.1'0 r--1846 LF ¡ 9 EA ) 26,00 32,00 40,00 50.00 60.00 1600.00 1900,00 $58,162.00 $16,928.00 $0,00 $0.00 $0,00 $0,00 $3,800.00 $78,890.00 ° LS 0.00 1 LS 49000.00 $0,001 $49,000.00 $49,000.00 2.072 LF 28.80 $59,673.60 536 LF 43.00 $23,048.00 0 LF 0.00 $0.00 0 LF 0.00 $0,00 0 LF 0,00 $0.00 0 EA 0.00 $0.00 I 2 EA 2750.00 $5.500.00 $88,221.60 18,00 1900.00 $33,228.00 L.. 1.8469 LF $17,100.00 EA $50,328.00 18.00 1900.00 $33.228,00 $17,100.00 $50,328.00 45.00 $286,020,00 ' 33,00 $260,205,00 1,00 $27.830.00 9.25 $100,733,00 2,50 $163,350,00 2,50 $8.000.00 300.00 $2.400.00 200.00 $800,00 6500.00 $104.000.00 3.00 $28,800,00 150.00 $9,600.00 4,00 $21,780.00 250.00 $2.500.00 1100.00 $1,100.00 8,00 $87,120,00 $1.104,238.00 '-11.60 $1,010.592,00 23000,00 $23,000,00 13800,00 $13,800.00 .. $1,047,392.00 $2,520,670.00 $252,067.00 $2,772.737.00 I-on. I i 16,24 AC 1240.00 $200,777.00 $2,000,00 $21,523.00 $36.589.00 $60.265.00 $20,138,00 $94,761,00 $86;092,00 $57.395,00 $579,540.00 $3,352,277.00 6,356 TON 7.885 CY 43,120 SY 10,890 LF 65,340,00 SF· 3,200 SF 8 EA 4 EA 16 EA 9,600 LF 64 EA 5.445 LF 15 EA 1 EA 10,890 LF 79.62 $506,060.39 36.19 $285,331.20 1,00 $43.120.00 9,59 $104.425.23 2,83 $185.234.50 2,75 $8.800.00 360.50 $2,884,00 440,00 $1,760.00 6531.88 $104,510.00 3,00 $28.800,00 218.75 $14,000.00 4.00 $21,780.00 766,67 $11.500.00 1100,00 $1,100.00 12.68 $138.123.75 $1,457,429.07 $59,673.60 $23,048.00 $0.00 $0.00 $0.00 $0.00 $5,500.00 $88,221.60 $506,060,39 $285,331.20 $43,120,00 $104.425.23 $185,234.50 $8,800,00 $2,884.00 $1,760.00 $104,510.00 $28.800.00 $14,000.00 $21.780.00 $11.500.00 $1.100.00 $138,123.75 $1,457,429.07 $0,00 [ $1,911.75 $0,00 $1,911.75 $1,646,890.42 Included in the above-listed items $1,646,890.42 ° SF 1 LS ° LS 0.00 1911.75 0,00 I 16 AC TOTAL CITY IN THE HILLS AREA IMPROVEMENT INCLUDED IN THIS PAYMENT REQUEST (Subtotals from lIem C) a, IMPROVEMENTS ' b, CONTINGENCY c, INCIDENTALS d. TOTAl-ëiTY IN THE HILLS AREA IMPRÕVËIÏiËNT COST INCLUDED IN THIS PAYMENT REQUEST 29713-11,WK4 $2,520,670,00 $252,067.00 $579,540,00 $3,352,277.00 1240,00 $126,111,00 $2,035,60 $5,507.00 $18,017.80 $22.494,33 $20,138,00 $144,883,00 $94.887.60 $3.614.90 $437,689.13 $2,064,579.55 $1,646,890.42 Included in the above-listed items $437,689,13 $2,084,579.55 $0.00 $1,911.75 $0.00 $1,911.75 $1,646,890.42 Included above $1,646,890.42 2 $126,111.00 $2.035.60 $5.507,00 $18.017.80 $22,494,33 $20,138.00 $144,883.00 $94,887.50 $3.614.90 $437.689.13 $2.064,579.55 I I $1,646,890,42 Included above $437,689.13 $2.084,579.55 02/23/2007 1\' TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1 IN CITY IN THE HILLS AREA CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 05-1 _U_ .___!§.N_GINEER'S REPORT ESTIMATE Unit Total _~ity Units Cost Cost' REQUESTED FOR PAYMENT Unit Total Cost Cost ttem Ite,!! Description RECAPITULATION a. TOTAL APPROVED FOR PAYMENT PER FINAL ENGINEER'S REPORT b. TOTAL APPROVED F'OR PAYMENT NO.1 (PER THIS REQUEST) $3,352,277.00 $2,084,579.55 c. TOTAL FUNDS AVAILABLE FOR PAYMENT AT A LATER DATE (IN PANORAMA DRIVE PORTION OF CITY IN THE HILLS AREA) $1,267,697.45 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, An item for which payment will be requested at a later date. The total estimated, cost for this item (including its share of Construction Contingency) in the amount of $1.111.651.20 has beell "reserved" (set aside) and is not included in the total amount approved for payment at this time. The $1,111,651,20 is a part of the amount ($1,267,697.45) still available for payment at a later date in the Panorama Drive portion of the City in the Hills Area, as shown above in the "Recapitulation" item c, 297t3-11'wK4 2 02/23/2007 I" EXHIBIT '~" APPf.lCATION AND C/:.'R11F1C4TJON FOR PAYMENT TO. (OWNF.R) Mooataln View Ora\'O, LLC 2I)() CbcAtr A\'CQI.IC. Suite 200 BWrsficld,CA93101 PROJECT: ATiENTION: MariOJISh¡w CîcyofBakcrdldd 1:501 Tru.\llln AYClIIII: 8a"~I¡J'jdd ('a 93306 CON'lllACTOR. A...'Q~1JCIll Disuin O~.I rill' In the HIUs ImplO\'CmcnlS MounlaÎJI VICW Bra\~, LtC 2130 Cheaer Aycnuc. S1U~ 2nn Bakml'JCId. CA 9]]01 OWNER'S APPLICATION FOR PAYMENT In accordance with the ~uisitiOD Agreement, 8pJllicarion for Paymenl ¡Ii made for the toJlowu18 ilelllli uf work: Per Exhib~, Table B-1I-A-1 of the Engineefo Report: Approved Assessment Budgot CITY HILLS DRIVE (ENTIRE STREET, EAST PORTION) IMPROVEMENTS A. Improvement' . B. Contingency C. Incidentll~ D. Total City Hills [Jrivc (Hntire StrCtt. Ean Portion) Jrnprnvellllnl COSI CITY HILLS DRIVE (ENTIRE STREET, WEST PORTlONIIMPROVEMENTS (From Vlneland Road to Canterla Drive) A. tm(lrnvemcnb 8. Cuntingency C. Incidentals O. TolaJ City Hills Drive (Entire Street, WC$I Pvrtion) Improvement COM PANORAMA DRIVE (ENTIRE STREET) IMPROVEMENTS (From V1neland Road to Masterson Street) A. IrnptOvomenLo,¡ B. Contingency C. Incictenlllls D. Total Pano~ma Drive(Entirc Street) Irnprovemlllt ens! V1NELAND ROAD (EAST SIDE, NO,RTH PORTION) IMPROVEMENTS (From Paladino Drive to Panorama Drive) A. Tmpro~neub B. Contins.clrC)' C. IlIcid~llIls D. 'J'fJttd Vineland Road (I!a'uSide. North Portion) improvemenl C-oSI $1,286,673,00 $128,667,00 $294,722,00 $I,7HJ,062,00 $535,571.00 $53,557,00 SIII,92I.oo $701.049,00 $2,520,670.00 $252,067,00 $579,540.00 $3,352,277.00 $749,875,00 $74,988.00 $166,930.00 $991,793,00 VINELAND ROAD (EAST SIDE & ENTIRE STREET, SOUTH PORTIONIIMPROVEMENTS (From Panorama to 614 Feet South of City Hills Drive; South 684 Faet Full WIdth) A. JrnprovanenL'!o B. Contingency C. Im:identals D. Total Vineland Rllad (F.œ;t Side, South Ponion) Im¡'lmvemolll Cust MASTERSON STREET (WEST SIDE & ENTIRE STREET) IMPROVEMENTS (From Peladlno DrIve to Hwy 178; South 1514 Feet Full WIdth) A. Impruvemeats B. Cwtirtlonçy C. IDcidenllls D. Tofll Masterson Street (West Side" Entire SlrOCC) Jmpro'Yenll:n~Cost PALADINO DRIVE (SOUTH SIDE) IMPROVEMENTS (From Vlner-nd RDIId to Masterson Streetl A. Improvcmenls B. Continge:ncy C. Jnoidentals D. Total Paladino Drive (South Sid,,) lmprovement Cost CANTER~DRIVEIMPROVEMENTS (From City Hills Drive to South End of Storm DraIn Sump) A. Tmpru'Yemenls 8. C.onliug1ml.')' C. lncidenluk D. TolIl C"..mloria Drive improvement Co.\t ON-SITE STORM DRAIN IMPROVEMENTS A. Tmprovtmcnb B. Conlingl:lll..oy C. IncidclIlnb D. Total On.sitc Storm Drain Improven1enl C\nõt CITY OF BAKERSFIELD FACILITIES FEES A. City Par~ Land In-IÏC\I and Dcvclopmcllt F_ Pur TtICt No. 6498 B. Total City ofBlktnficld facililie" Fees 1 / TOTAL PROJECT IMPROVEMENT COST A. Improvement B. Contingency C. Incidentals D, TOTAL PROJECT IMPROVEMENT COST $681,027.00 $68.103,00 $2'03,616.00 $952,746,00 $1,432,734.00 $143,273.00 $485,267,00 52,061,274,00 $1,979,358.00 $197,936,00 $463.672.00 $2,640,966.00 $51,322.00 $5,132.00 $142,201,00 $198,655.00 $505,200.00 $505,200.00 $9,742,430,00 $923,723,00 $2,'\47,869,00 $13,114,022.00 Tho above itlmlS of work are 100% coulplel" The above arnauuts are the aetual co~u for each item of wurk as outlined in Exhibil "8" uribe Engineer'fi Report $0,00 50,00 $0,00 $0.00 PROC£SSOATE: 1/2412007 I'ROJl;Cf NO: OS-I Actual 1/24/07 Rilling $1,380,428.53 $332,371.66 . $1,712,800.19 $350,824.00 $163,206,72 $514,030.72 $1,646,890.42 5437,689.13 $2,084,579,55 $0.00 $0.00 $0,00 $0.00 $0.00 50.00 $0.00 $0.00 50,00 $0,00 50,00 $0.00 $0,00 50.00 $0,00 $0,00 561,073.20 $124,206.13 $185,279,33 $0.00 $0,00 $O,OU $O,OU $0.00 $0,00 $3,439,216,15 $1,057.473.64 54.496,689.79 ,,' IDaC'COfda ""\tilhlh~ContrllCl ob$CMliOll5 and tile tkEnaiMetcalifiC$l ""'- kntlwlcdr.e. is in AOCtIl'dtllU wtil. Co4lraC\ortscntiUcdlt'l Thls«rtilicate is no!. Ihl&'lli:AAc. The: AMOUNT CER.TIFtED is pa)'Ible only to tho ConuoXlOf Ilmlll'lll....,riA. lIuutvlÇ'e. pa}1nCnI lUlcllCCCp!ltleC ofp¡ymeøt arc wÎtballllutlj¡lIiite II) IIny rigb1:s oflhe ()y.1\CfOr COIIlnctor unckrthis ÇonllitCL OWNER'S CERTIFICATION Mountain View RravD, LLC hereby cerlifi thilt the mater;'lls or services shown hueon were furnished to tho City of Bokersficld; \hilt nu part therenfhas been paid; d18llhe itlmls of this claims are jusl and lego.l; tballhcu: is due Ihe undersigned the amow:at sbuwn bliWCon. Mountain View Bravu, Ll£ 2130 Chesler Avenue Suile 200 Baker.field, CA 93301 ~~k $4.496.6K9,79 I - Zo;;,.O James W. FitCh" Assessor - Recorder PATTI a' WHEN RECORDED MAIL TO: Kern County OUicial ecords 1/24/2007 Recorded allhe requesl of 11:39 AM Mountain View Bravo, LLC Public 2130 Chester Ave. Suite 200 DOC#: 0207018117 Stat Types: 1 Pages: 1 \ Bakersfield, CA 9330 I í Attention: Van Roberts Fees 7.00 1111111I/11111 I Taxes 0.00 Contract No. 88-0052 Others 3.00 PAID $10.00 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 fulI name of the undersigned is Mountain View Bravo, LLC 3. The full address of the undersigned is 2130 Chester Ave. Suite 'lOOt Bakersfield, CA 93301 4. The work of improvement on the property hereinafter described as completed on January 23, 2007. 5. The name of the contractt 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 folIows: 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: ~¡k STATE OF CALIFORNIA ) )ss. COUNTY OF Lot, Þm.Tt~ ) On ~"""'.,,~ 'l.!> ., 2007 before me, '4.~~ ~ L ,"" ~ ~ (. . Nolllfy Public, personally appeared Dennis A. Harrist personall known to me (or pra~¡ed ta HUl OR the Basis of &atisfaetary evišeREl8) 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. KELL' MCINTYRE COMM. .,1684014 Notary Public· California ~ Los Anoetes County ~ Comm. Ex ires Jul. 27, 2010 ~~~- Notary Pu ic I. ' WHEN RECORDED MAIL TO: James W. FifCh¡\ Assessor- Recorder PATTI Kern County Official eeords 1/24/2007 Mountain View Bravo, LLC Recorded al the requesl 01 11:39 AM Public 2130 Chester Ave. Suite 200 Bakersfield, CA 93301 DOC#: 0207018116 8latTypes: 1 Pages: 1 Attention: Van Roberts 111'1""IIIIII"If~'11 Fees 7.00 Contract No. 1 0781 Taxes 0.00 Others 3.00 PAID $10.00 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 January 23, 2007. 5. The name of the contract, ifany, for such work of improvements was Dirt Won:, 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: Street Improvements including Monument Encasement on City Hills Drive (East Portion), Panorama Drive & Canteria Drive. - Parcel Map 11013 Phase 1 & 2. By: .~ Signature of Owner: . STATE OF CALIFORNIA ) ) 55. COUNTY OF Lo') Orv.y \«,5 ) On 'f' -z.,,} , 20~7 before .me, ¥.-t.~'\ ""t.. lll\.~(. , Notary Public, . personallyap eared DenDls A. Hams, personally'kriown to me (gr prcwed to me 6R tRi basls--ef sfttisfasts13' ividenee) 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 KELl T MCINTYRE COMM. .1684014 Notary Public· California j Los Ange/es County, ~ CoIml. Ex . es JIJ. 27, 2010 WITNESS my hand and official seal. '(~'-. ~~. Notary PUb~ ' ) WHEN RECORDED MAIL TO: James W. Fitch~ Assessor-Recorder Kern County Official Kecords Recorded allhe requesl of Public DOC#: 0207018115 PATTI 1/24/2007 11 :39 AM Mountain View Bravo, LLC 2130 Chester Ave. Suite 200 Bakersfield, CA 9330 I Attention: Van Roberts Slat Types: .! Contract No. SM-008S 11'11"111111/1111111111 Fees Taxes Others PAID Pages: 1 7.00 0.00 3.00 $10.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: I. 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 213.0 Chester Ave. Suite 200, Bakersfield, CA 93301 4. The work of improvement on the property hereinaftel.' described as completed on January 23, 2007. 5. The name ofthe contract, if any, for such work of improvements was " Penney Lawn Service, Inc. 6. The property on which said work of improvement was completed is in the City of Bakersfield, County ofKem, State of California, and is described as follows: Street Improvements including Handicap Ramps & Meandering Sidewalk on Panorama Drive. - Parcel Map 11013 Phase 2. Signature of Owner: STATE OF CALIFORNIA ) ) ss. COUNTYOF~ ) On " oz,:; ,2.007 before me, 'LÙ\\1 ~(.~~<. , Notary Public, personally a eared Dennis A. Harris, personallybown to (nr poo"~d te IRe 8ft tHe basis of ~atiifaete". <h id"hGe) 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. KELLY MCINTYRE COMM. .1684014 z Notary Public -California ;0 Los Ailgefes County ~ My Comm. Expites Jul. 27, 2010 ~~'J~ Notary Pub' WHEN RECORDED MAIL TO: James W. Fitch..!. Assessor- Recorder Kern County Official tiecords Recorded allhe request of Public DOC#: 0207018924 Mountain View Bravo, LLC 2]30 Chester Ave. Suite 200 Bakersfield, CA 93301 Attention: Van Roberts Slat Types: 1 11111111I111 Fees Taxes Others PAID Contract No. 10792 NOTICEOFCOMWLETION 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, i[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 Phase 1, 2 & 3. Signature of ownr ",:0" \\ Dennis· A. STATE OF CALIFORNIA ) ) 55. COUNTY OF L>.. ~\tS ) On ~O>"\ '1.,\ , 2007 before me, ¥-e\\ V\Lk ~ ' Notary Public, personally appèared Dennis A. Harris, personally own to me r p~vëd ta Ate 8ft tlte 8aßis..øf satisfactory pvideu~ to be the person whose name is subscribed to the within instrument and acknowledged tome 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 instrwnent . WITNESS my hand and official seal. KELL Y MCINTYRE COMM. .1684014 z Notary PulJlic . California ~ Los Angeles County ... M Comm. Ex ires Jul. 27, 2010 PATTI 1/25/2007 11:44 AM Pages: 1 7.00 0.00 3.00 $10.00 ~f~ James W. Fitch,l Assessor- Recorder OCT 0 5 2006 Kern County Officialltecords WHEN RECORDED MAIL TO: Reoorded allhe requeil of First American Title SOFIR 9/12/2006 8:01 AM Mountain View Bravo, LLC 2130 Chester Ave. Suite 200 Bakersfield, CA 93301 Attention: Richard Curtis DOC#: 0206224917 Contract No. SS-0008 111II1111111111111 Sial Types: 1 Fees Taxes Others PAID Pages: 1 7.00 0.00 0.00 $7.00 .0' ............._..~.._..._..........._.... 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 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: Sewer - Parcel Map 11013, Phases 1,2,3 & 4 including Canteria Dr., City Hills Dr., Vineland, and Panorama Dr. Signature of Owner: STATE OF CALIFORNIA) COUNTY OF KERN ) SUBSCRlBED AND SWORN TO BEFORE ME ON: Lu- Dennis A. Harris being duly sworn, says that ike is the Member President of Mountain View Bravo, L~C. the corporation ~hat exe~uted the fm.egoing not~ce as. own~r of the aforesaid interest or estate 111 the prpperty therem described; that Aínakes tIllS vertficatlon on behalf of said corporation; that Be hash€(@d said notice and knows the contents thereof, and thatthe facts therein slated ore Irne ofml'own knowledge. ~" ' . " . ~ ' ...... .:-~'~~ Dennis fti.. arris" . .. Stale ofc.lifclrrÅ, County 01 £6\ ~ de. s SubIcribecIMd sworn . (or .w1l'lMd) fore me on lhII :lib. ., 01 r,~~(1Jn\zrl. 20 ~ . by t>enni§ A. ~,s . øertorlIIIw Ilnowri to me or proved to me on the bas15 of ûIisf~ evicIenè:e to be person(a7 who ....ared . . me. z ,., o ... . Date: WHEN RECORDED MAIL TO: JKames W. ~i(ch.l. Assessor- Recorder ern County OffIcIal necords Recorded allhe requesl 01 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 111'''"/1/1111I11111111 Stat Types: 1 Fees Taxes Olbers PAID Pages: 1 7.00' 0.00 0.00 $7.00 Contract No. 88-0010 .... .....-....._.._,._....-........~--. -.. .oIl .......................,........_..... NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: I. 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 addr.ess ofthe undersigned is 2130 Chester Ave. Suite 200, Bakersfield, CA 93301 4. The work of improvement on the property hereinafter described as completed 011 March, 1, 2006. 5. The name of the contract, ¡fany, 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 Califomia, 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 & Z Signature of Owner: Mo JI . ~ SUBSCRIBED AND SWORN TO BEFORE ME ON: Date: ""11 COMM. .1684014 Notary PubIle . CIIifclmia Los Angeles County . I WHEN RECORDED MAIL TO: dilmes W. tlleß... ASSeSSOr-neeoraer Kern County Official necords Recorded 81 the request of First American Title öUtln 9/12/2006 8:01 AM Mountain View Bravo, LLC 2130 Chester Ave. Suite 200 Bakersfield, CA 9330 I Attention: Richard Curtis DOC#: 0206224918 1111111111111 Stat Types: 1 Fees T8xes Others PAID Pages: 1 7.00 0.00 0.00 $7.00 Contract No. SS-0004 .... ................................-.. ..oo . 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. S. The name of the contract, if any, for such work of improvements was Turman Construction Companv. Inc. 6. The property on which said work ofimprovement was completed is in the City of Bakersfield, County of Kern, 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: ~ Qe¡~t is, Member PresIdent STATE OF CALIFORNIA) COUNTY OF KERN ) Dennis A. Harris being duly sworn, says that~ is the Member President of Mountain View Bravo, LLC, the corporation that executed the fetegoing notice as owner of the aforesaid interest or estate in the pr\lp-erty therein described; that" makes this verification on behalf of said corp~ration; that.Mfé-has {f~ said not, ice and knows the contents thereof, and that the facts therem stated are troeor_own knowledge. ~~-=- en11ls .~aITIs . SIIII cI CIIiIomia. c:c.ny aI /".5 h\,e I(S ' SubIcribId .... swam to (01' aIfinnId) ...... me on".:lA"cI~.ao. Dh. by \:>.IIlV\\ ~ A.. ~~r, S '. ,DIfSOIlIIlIy IInown to me or proved to me on the _.._-~ ..._~ 51 : 'V.. SUBSCRIBED AND SWORN TO BEFORE ME ON: Date: nil COMM. .1684014 Notary Public· CIIifomi. Los ~ Ccudy WHEN RECORDED MAIL TO: James W. Fitch,l Assessor- Recorder Kern County Official necords Recorded at the request of 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 .-- Fees Taxes Others PAID Pages: 1 7.00 0.00 0.00 $7.00 Contract No. SS-0007 DOC#: 0206224920 1111I111111111I11111 Stat Types: 1 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 Bradford & Sons Construction, Inc. 6. The property on which said work of improvemènt was completed is in the City of Bakersfield, County ofKem, State ofCalifomÎa, 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: (~ STATE OF CALIFORNIA) COUNTY OF KERN ) ~ Dennis A. Harris being duly sworn, says that _is the Member President of Mountain View Bravo. LLC, the corporation that executed the ¥>Iegoing notice as owner of the aforesaid interest or estate in the pr~l?erty therein described; thatll{ makes this verification on behalf of said corporation; thatJl!ie' has r.~d said notice and knows the contents thereof, and that the facts . therein stated are true oflNi' own knowledge. . .tg " , . ~ ~.-- ~n ~ i\. Harris . -~-..... SUBSCRIBED AND SWORN TO BEFORE ME ON: Date: $We ~ c:.Iibnia. CounIy of ¿ o~ Ar\~~\( ~ Subsc:ribld IIld swam 10. (Of .rtinned) iIifor. me on.. ~"of Sc.phMl\bc" .20,J)1ø . 1If_ U~II\.n.'S A. \-\o.rr,~ ='~~ me or III'OWCf to me on lI1e . ......... beffie ~ 10 be the Signet¡q: ' 'It\A..c \ -' !1.'t ,\)SF.ICI ~ ~~ First American Title Company 9201 Camino Media, Suite 100 Bakersfield, CA 93311 March 08, 2007 Van Roberts BLU S.K.Y. Homes 10474 Santa Monica Blvd., #200 Los Angeles, CA 90025 Phone: (800)669-2300 Fax: (626)585-5108 Customer Reference: Panorama Title Officer: Phone: Toni Rose (661)617-1504 Order Number: 1508-2171003 (TR) Escrow Number: 1508-2171003 Property: BAKERSFIELD, CA Attached please find the following item(s): Guarantee Thank You for your confidence and support. We at First American Title Company maintain the fundamental principle: Customer Rrst! First American Title Company Form 9 (6/6/92) Order Number: 1508· 2171003 Page Number: 1 CLTA Mechanic's Lien Guarantee GUARANTEE LIABILIlY: 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 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. UABILITY EXCLUSIONS AND UMITATIONS 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 7, 2007 at 7:30 A.M. ) First American 77tJe Company Form 9 (6/6/92) Order Number: 1508- 2171003 Page Number: 2 CLTA Mechanic's Lien Guarantee ': i 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, recorded prior to March 7, 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 "An EXCEPtIONS: 1. 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 EXHIBIT" A" ASSESSMENT DISTRICT NO. 05-1 PANORAMA DRIVE LEGAL DESCRIPTION BEING A PORTION OF THE NORTH HALF OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION, MARKED BY A CITY OF BAKERSFIELD CONCRETE MONUMENT IN A LAMPHOLE MARKED FOR SECTION CORNER PER PARCEL MAP NO. 11013, FILED FOR RECORD SEPTEMBER 16, 2004 IN BOOK 53 AT PAGES 130 THROUGH 146 OF PARCEL MAPS, IN THE OFFICE OF THE KERN COUNTY RECORDER, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF MASTERSON STREET AND PAlADINO DRIVE; THENCE SOUTH 00°21'53" WEST, ALONG THE EAST LINE OF SAID SECTION AND THE CENTERLINE OF MASTERSON STREET,A DISTANCE OF 880.52 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING FIFTY-ONE (51 ) COURSES: 1) CONTINUING SOUTH 00°21'53" WEST, ALONG SAID EAST LINE AND SAID CENTERLINE, A DISTANCE OF 169.99 FEET; THENCE 2) DEPARTING SAID EAST LINE AND SAID CENTERLINE AT RIGHT ANGLES, NORTH 89°38'07" WEST, A DISTANCE OF 60.00 FEET; THENCE 3) NORTH 44°38'07" WEST, A DISTANCE OF 42.43 FEET; THENCE 4) NORTH 89°38'07" WEST, A DISTANCE OF 4.71 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 939.00 FEET; THENCE 5) WESTERL V ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12°37'17", AN ARC DISTANCE OF 206.85 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERL V, HAVING A RADIUS OF 1,230.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 11°40'33" EAST; THENCE 6) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 07°56'17", AN ARè DISTANCE OF 170.41 FEET; THENCE 7) SOUTH 69°04'17" WEST, A DISTANCE OF 359.1ð FEET; THENCE 8) SOUTH 67°22'26"WEST, A DISTANCE OF 39.47 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,045.00 FEET; THENCE 9) WESTERL V ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21 °39'56", AN ARC DISTANCE OF 395.15 FEET; THENCE 10) SOUTH 89°02'22" WEST, A DISTANCE OF 349.84 FEET; THENCE 11)SOUTH 88°40'51" WEST, A DISTANCE OF 640.09 FEET; THENCE 12) SOUTH 89°05'14. WEST, A DISTANCE OF 4.92 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHERL V, HAVING A RADIUS OF 2,951.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 00°57'38" EAST; THENCE 13)WESTERL V ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°01'41", AN ARC DISTANCE OF 104.45 FEET; THENCE 14) SOUTH 38°19122" WEST, A DISTANCE OF 45.07 FEET; THENCE 15) SOUTH 82°14'50" WEST, A DISTANCE OF 110.12 FEET; THENCE 16) NORTH 53°25'06" WEST, A DISTANCE OF 40.85 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 2,939.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 06°19'25" EAST; THENCE P:\PROJECTS\OD112\LEGALS\OD112EM69..ASSMNT.DOC GC 3/812007 EXHIBIT "A" ASSESSMENT DISTRICT NO. 05..1 PANORAMA DRIVE LEGAL DESCRIPTION (CONTINUED) 17)WESTERL Y ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04°39'49", AN ARC DISTANCE OF 239.22 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 3,500.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 10°04'44" EAST; THENCE 18)WESTERL Y ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 08°41103", AN ARC DISTANCE OF 530.49 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 2,955.00 FEET, FROM WHICH PQINT A RADIAL LINE BEARS SOUTH 21°18'02" EAST; THENCE 19) SOUTHWESTERL V ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 08°07'43", AN ARC DISTANCE OF 419.23 FEET; THENCE 20) SOUTH 60°34'15" WEST, A DISTANCE OF 344.16 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2,045.00 FEET; THENCE 21)WESTERL Y ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°15'12", AN ARC DISTANCE OF 544.42 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERL V, HAVING A RADIUS OF 2,050.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 14°30'44" WEST; THENCE 22)WESTERL Y ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°09'08", AN ARC DISTANCE OF 506.36 FEET; THENCE 23) SOUTH 89°38'31" WEST, A DISTANCE OF 145.17 FEET; THENCE 24) SOUTH 90°00'00" WEST, A DISTANCE OF 115.63 FEET; THENCE 25) SOUTH 45°13'50" WEST, A DISTANCE OF 42.26 FEET; THENCE 26) NORTH 89°32'21" WEST, A DISTANCE OF 70.00 FEET TO THE WEST LINE OF SAID SECTION AND THE CENTERLINE OF VINELAND ROAD; THENCE 27) ALONG SAID WEST LINE AND SAID CENTERLINE, NORTH 00°27'39" EAST, A DISTANCE OF 169.93 FEET; THENCE 28) DEPARTING SAID WEST LINE AND SAID CENTERLINE, SOUTH 89°32'21" EAST, A DISTANCE OF 60.00 FEET; THENCE 29) SOUTH 44°46'10" EAST, A DISTANCE OF 42.60 FEET; THENCE 30) SOUTH 90°00'00" EAST, A DISTANCE OF 224.27 FEET; THENCE 31) SOUTH 88°43'37" EAST, A DISTANCE OF 45.18 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2,200.00 FEET. FROM WHICH POINT A RADIAL LINE BEARS NORTH 00°57'34" EAST; THENCE 32)EASTERLV ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12°32'53", AN ARC DISTANCE OF 481.81 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 14°10'34" WEST; THENCE 33) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°15'11", AN ARC DISTANCE OF 520.45 FEET; THENCE 34) NORTH 60°34'15" EAST, A DISTANCE OF 344.16 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 3,045.00 FEET; THENCE 35) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 08°07'43", AN ARC DISTANCE OF 432.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 3,500.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 20°51'30" EAST; THENCE P:\PROJECTS\OO112\LEGALS\00112EM69_A55MNT .DOC GC 3/612007 EXHIBIT leA" ASSESSMENT DISTRICT NO. 05·1 PANORAMA DRIVE LEGAL DESCRIPTION (CONTINUED) 36) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°38'11", AN ARC DISTANCE OF 649.74 FEET TO THE BEGINNING OF A NON·TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 3,049.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 09°04'39" EAST; THENCE ' 37) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°09'15", AN ARC DISTANCE OF 114.63 FEET; THENCE 38) NORTH 33°47'29" EAST, A DISTANCE OF 45.48 FEET; THENCE 39) NORTH 83°55'57" EAST, A DISTANCE OF 111.51 FEET; THENCE 40) SOUTH 54°37'28" EAST, A DISTANCE OF 37.87 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 3,061.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 03°45'19" EAST; THENCE 41) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°47'41", AN ARC DISTANCE OF 149.30 FEET; THENCE 42) NORTH 89°02'22" EAST, A DISTANCE OF 105.01 FEET; THENCE 43) SOUTH 89°15'49" EAST, A DISTANCE OF 540.24 FEET; THENCE 44) NORTH 89°02'22" EAST, A DISTANCE OF 349.84 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 955.00 FEET; THENCE 45) EASTERL YALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21 °39'56", AN ARC DISTANCE OF 361;12 FEET; THENCE 46) NORTH 67°22'26" EAST, A DISTANCE OF 39,47 FEET; THENCE 47) NORTH 67°51'23" EAST, A DISTANCE OF 359.04 FEET TO THE BEGINNING OF A NON· TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,140.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 23°19'04" EAST; THENCE 48) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°45'38", AN ARC DISTANCE OF 293.69 FEET TO THE BEGINNING OF A NON·TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,049.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 06°31'38" EAST; THENCE 49) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06°36'40", AN ARC DISTANCE OF 121.04 FEET; THENCE 50) NORTH 45°13'27" EAST, A DISTANCE OF 42.32 FEET; THENCE 51) SOUTH 89°38'07" EAST, A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING. CONTAINING 12.78 ACRES, MORE OR LESS. ) P:\PROJECTS\00112\lEGALS\00112ÈM69_ASSMNT .DOC GC 3f8l2007 McINTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield, CA 93309 (661) 834-4814 Form 9 (6/6/92) Order Number: 1508- 2171003 Page Number: 3 CLTA Mechanic's Uen Guarantee \ i SCHEDULE OF EXCWSIONS 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) Oefeds, liens, encumbrances, 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 properly; 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. (c) (1) Unpatented mining claim,S; (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) Oefectsf liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described In the descñptlon set forth In Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the light to maintain therein vaults, tunnels, ramps, or any structure or improvements: or any rights or easements therein, unless such property, rights or easements are expressly and specifically ~t forth In said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are aeated, 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 valldltyf legal effect or priority of any matter shown or referred to In this Guarantee. GUARANTEE CONDmONS AND mPULA110NS 1. Dlfftnltion of Terms. The following terms when used In the Guarantee mean: (a) the "Assured": the party or parties named as the Assured In this Guaranteef or on a supplemental writing executed by the Company. (b) "land": 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 right, title, Interest, estate or easement in abutting streets, ròads, avenues, alleys, 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 ClalmanL An Assured shall notify the Company Pl'Qlllptly In writing In case knowledge shan 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 Company, then all liability of the Company shall terminate with regard to the manner or matters for which prompt notice Is requlred¡ provided, however, that failure to notify the COIT1J)any 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 shaD have no duty to defend or prosecute any action or proceeding to which the Assured is a party, 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 prosewte as set forth In Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to Institute and prosecute any action or proceeding, Interpose a defense, as limited In (b), 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 liablEl 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 dIßgenUy. (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 Elxpen5eS incurred by an Assured In the defense of those causes of action which allege matters not covered by this Guarantee. (c) 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. Rrst 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 therein, and permit the Company to use, at its option, the name of such Assured for this purp~se. 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 evIdenœ, obtaining witnesses, 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 cooperationf the Company's obligations to the Assured under the Guarantee shan terminate. 5. Proo'Df LOIS 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 slgned and swom to by the Assured shall be fumlshed to the Company within nlnely (90) days after the Assured shall ascertaIn the facts giving rise to the loss ar damage. The proof of loss or damage shall descrlbe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of cala.lIating 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 produce for examination, Inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all ~ecords, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Gúarantee, which reasonc bly pertain to the loss or damage. Further, If requested by any authorized representative of the Company, the Assured shall grant Its permission, in writing, for any authorlzed representative of the Company to examine, Inspect and copy all records, books, ledgers, 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 dalm. 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 paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OptlDns 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 Uabllily or to Purchase the Indebtedness. The Company shall have the option to payor settle or compromise far or In the name of the Assured any claim which could result In loss to the Assured within the coveaage of this Guarantee, or to pay the full amount of this Guarantee orf 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 attomeys' fees and expenses incurred by the Assured claimant which were authorized by the Companý up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate allllablllly 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 indebtednessf together with any collateral securily, 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 paragraph, 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 Claimant. To payor otherwise seWe 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 exercise by the Company of the option provided for In Pal'ilgl'ilph (b) the Company's obligation to the Assured under this Guarantee for the dalmed loss or damage, other than to make the payment required In that paragraph, shall œrmlnate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragl'ilph 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 desalbed, and subject to the Exclusions From Coverage of This Guarantee. The UablUly 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 prindpallndebtedness secured by the rrtortgage 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 oœurs, together with Interest thereon; or (e) the differenœ between the value of the estaœ 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 aReged defect, lien or encumbranœ, or cures any other matter Assured against by this Guarantee In a reasonably diligent manner by any method, Induding 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 liabilily for loss or damage until there has been a final deœrminatlon by a court of competent jurisdiction, and disposition of an appeals therefrom, adverse to the title, as stated hereln. (e) The Company shall not be liable for loss or damage to any Assured for lIablllly voluntarily assumed by the Assured In settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or TennlnBtion 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 lIablUty pro tanto. 10. Payment of Loss. First American Title Company · , Fonn 9 (6/6/92) Order Number: 1508- 2171003 Page Number: 5 CL T A Mechanic's Uen Guarantee (a) No payment shall be made without producing 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 fumished 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 Stipulations, the loss or damage shall be pàyable 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 dalmant The Company shall be subrogated to and be entlUed to all rights and remedies which the Assured would have had against any person or property in respect to the dalm 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 peñect 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 daim 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 prindpal, interest, and costs of collection. 1~ Ar~bation. ' Unless prohibited by applicable law, either the COmpany or the Assured may demand ar'bltration 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 Guarantee, 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 Ainount of Uablllty is $1,000,000 or less shall be arbitrated atthe option of either the Company or the Assured. All arbitrable matters when the amount of liability Is In eiccess 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 ¡ndude attomeys' fees only if the laws of the slate in which the land is located pennits a courtto award attorneys' 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. Liability Umited 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 belWeen the Assured and the Qlmpany. 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 negligence, or any action asserting such dalm, 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 Presidl!nt, a Vice PresIdent, the Secretary, and AssIstant Secretary, or validating officer or authorized signatory of the Company. 14. ,NotIces, Where Sent. All nollces required to be given the COmpany and any statement in wnling required to be fumished the Company shall indude 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 Title Company ....., ... .........&.J~... A. ~""""~'Y"''''' ... '\ j ISSUED BY THE DIRECTOR OF PUBLIC WORKS CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN A VB BAKERSFIELD CA 93301 (661) 326-3049 Inspections o ORIGINAL Application Number . . . . . Property Address ..... Application type description 07-20000089 Date PANORAMA E/ VINELAND PUBLIC WORKS - STREET PERMIT 1/24/07 Owner Contractor BLU SKY HOMES 1554 S SUPULVEDA BLVD #204 LOS ' ANGELES CA LOS ANGELES CA 90025 (661) 395-1145 _._--------------------------------~---------------------------------------- Permit . . . .. STREET PERMIT Additional desc . Phone Access Code Permit Fee Issue Date Expiration Date . 635813 .00 1/24/07 3/25/07 Valuation o Oty Unit Charge Per 1.00 .0000 EA PW STREET PERMIT FEE Extension .00 ------~-------------------------------~--------~-------------------------~-- speclial Notes and Comments Install block walls for pm i1013 uSe bond # 5007516 ~tev~ Carlyle 395 1145 ---------------------------~------------------------------------------------ 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 &"pplicant is hereby granted permission. subject to the provisions of all City Ordinances applicable thereto, and will assume responsibilities for all damages to streets or other )roperty that may result from the work performed. JPEN CUTTING OF STREETS WILL NOT BE PERMITTED WITHOUT INSPECTOR'S APPROVAL. rHlS PERMIT EXPIRES ON DATE SHOWN ABOVE. FAILURE TO COMPLETE WORK AUTHORIZED ON THIS PERMIT BY DATE OF EXPIRATION MAY IŒSULT IN ADDITIONAL COSTS TO YOU IF THE CITY MUST COMPLETE THE WORK. TIME EXTENSION REQUESTS MUST BE APPROVED BY THE CITY BNGINEER PRIOR TO THE EXPIRATION DATE. -;,"'" F two""""". Add"""" .."",""", ..... 'wo";U be """""" ~." d<poOl. ~". i:31t1c... Cd. '1f--- Print Nr~ ~-/.L _ A BY:~&:~í../ /«%:;1/17 r\;y Sign r\pproved By: RAUL ROJAS, CITY ENGINEER , Depu~ Additional Terms on the Back 1\11 ~écessáry grading, backfilling, resurfacing and cleanup is to be done by the applicant. [rafflc control tIÍû~t;¡a>ñfoni1 to State of California and Cal Trans standards. "0"; . '. '." 'i' ~1 ::. c" :.~"-:' ',.'~ 'j :.~;,. ..". '; . . [f i trench or excavation. is five feet or deeper, applicant shall, at applicant's sole cost, comply with all of tht- :equirements of Municipal, State, Federal authorities now in force, or which may hereafter be in force, including all ?rovisions and regulations of the Labor Code of the State of California. Applicant shall be responsible for lbtaining the required permits from Municipal, State and Federal Authorities, PRIOR to proceeding with any of :he work. In consideration of granting this permit, applicant shall indemnify, defend, and hold harmless 'CITY, its officers, igents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against hem, or any of them, before administrative or judicial 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 ?art by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. r have read and acknowledge the above. ~icant's Initials [nspedor's Report: ~ - ~ - 01) ß., \ \ i +e VY\ 'E> on Pc::ln ora..m G\. br: I be...+wC2.e,.V1 \/ine.,\ Q.nc\ .; tvt Q.S~~on, c-°':lP" L.+e.d WI +h e.. e... "c..e..p4i 40 Yl 0 f: +h e. b\ 0 L-k w ~ II 1m F;- 0" e... w\tz'Y'\-t 5 . G. I P.Sh ) No. of Insp. '2- Inspector: S.Le5h Date Finaled: ' ~ ... La ~ O-¡ DESCRIPTION J n . d. STREET IMPROVEMENTS (continued) \, 0 ~ Monument Encasement . '}\ 1- ~ &-~~ ~a"dscape Meter P8desta1 ~ ~~ ~~~ ~~EET IMPROVEMENTS ~~ e. ' Wall NÐt C~_ CustContral ? 1 de..c:\ Q!Þ lope ProI8ction & ErosIon OT E!>-' -:01. OTALMISCEUANEOUS S. Lfe.&h SUBTOTAL IMPROVEMENT COST , g. CONSTRUCnON CONTINGENCY (10%) , h. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY r. INCIDENTAL'COST Design EngIneering Engineering ReimbUr8eables & Prints Improv....... Bonds (City) . Plan Check FeeS' (City) Inspection F.. (City) MBHCP F.. (City) Construction StIIkIng Soils end MaterI8Ia resting end·Report Conltrudlon InIP8CtIon . TOTAL INCIDENTAl COST , J~ TOTAL PANORAMA DRIVE (ENTIRE STREET) (From vt.....nd Road to MnteIHII Strøt) IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS D. VlNELAND'ROAD (EAST SIDE, NORTH PORnON) IMPROVEMENTS (From P.ladlno Drive to P.no..... Drive) a. GRADING , MobllÞ:atlon (5% ofconetructlOn Items) RoacIWIIY Excavation ' TOTAL· GRADING b. STORM DRAIN IMP.ROVEMENTS· '18" Storm Dndn PIpe 24" Stonn OnIln Pipe Type A 'Catch _In Manhole, TOTAL STORM DRAIN IMPROVEMENTS c. STREET IMPROVEMENTS A.C. P8VIng Aggntgate Base Subgrade Preparation 5" Curb & Gutter Sidewalk Handicap Ramps Metro·Street Sign '\ J EXHIBIT B TABLE B-II-& ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRiCt NO. 05-1 COUNTY OF KERN, STATE OF CALIFORNIA ' ENGINEER'S ITEMIZED ESnMATE OF IMPROVEMENT ACQUISmON,COST DETAILS OF CITY IN THE HILLS ,IMPROVEMENTS TO BE ACQUIRED I I I COU, NSTIT QUAtmTY UNITS' .. 10 1 10890· 87120 1 1 16.24 1 8128 33 552 1 1 1984 2482 8888 2151 11831 800 1 29670828 8-1I-B-4 EA . EA LF SF LS LS AC LS 'CY LF LF EA EA TON CY SY LF SF SF EA TOTAL 250.00 1100.00 ,8.00 $2,500.00 $1,100.00 $87,120.00 $1,104,238.00 10 $23,000.00 $13,800.00 $1,047,382.00 $2,520,870.00 $252,087 ~OO $2,n2,737.oo $200,777.00 $2,000.00 $21,523.00 $36.589.00 $80,285.00 $20,138.00 $94,781.00 $86.082.00 . $57,385.00 $579,540.00 $3,312,277.00 1240.00 31811.00 , $31,811.00 . 3.00 $24,378.00 . $55,989.00 26.00 $858.00 32.00 $17,884.00 16QO.00 .$1,800.00 1900.00 $1,900.00 $22,022.00 45.00 $88.~80.00 33.00 $81,248.00 1.00 $8,688.00 9.25 $19,897.00 2.50 $29,578.QO 2.50 $2,000.00 300.00 $300.00 09/1912005 \ J 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 1N THE HILLS IMPROVEMENTS TO BE ACQUIRED DESCRIPTION QUANTITY TOTAL f. CONSTRUCTION CONTINGENCY (10%) $53,557.00 g. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY $589,128.00 h. INCIDENTAL COST Design Engineering $33,299.00 Engineering Reimburseables & Prints $403.00 Improvement Bonds (City) $4,419.00 Plan Check Fees (City) $7,512.00 Inspection Fees (City) $12,372.00 MBHCP Fees (City) 1.64 AC 1240.00 $2;038.00 I Construction Staking $23,838.00. Solis and Materials Testing and Report $17,675.00 Construction In=on ' $10,369.00 TOTAL IHCIDE COST $111,921.00 I i. TOTAL CITY HILLS DRIVE (ENTIRE STREET, WEST PORTION) $701,049.00 (From Vlneland Road to Cantaraa Drlve) IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS I C: PANORAMA DRIVE (ENTIRE STREET) IMPROVEMENTS ) (From Vlneland Road to Masta,..on Street) a. GRADING Mobilization (5% of construction Items) 1 LS 1200~2.00 $120,032.00 I Roadway excavation 39930 CY . 3.00 $119,790.00 TOTAL GRADING '$239,822.00 , b. STORM DRAIN iMPROVEMENTS 18" Stann Drain Pipe 2237 LF 26.00 $58,162.00 I 24" Storm DrainPipe 529 LF 32.00 $16,928.00 30" Storm Drain Pipe 0 LF 40.00 $0.00 36" Stonn Drain Pipe 0 LF 50.00 $0.0,0 ð. 42" Stann Drain Pipe 0 LF 60.00 $0.00 I ~ Type A Catch Basin 0 EA 1600.00 $0.00 < V \ t\ Manhole 2 EA 1900.00 $3,800.00 (,,~~tß.{f'ooo¡, TOTAL STORM DRAIN IMPROVEMENTS $78,890.00 I ~\ -z,tfP c.· SEWER IMPROI/EMENTS , ~. 8" Sewer Pipe, 1846 LF 18.00 ' $33,228.00 .!If 0 Standard Manhole 9 EA 1900.00 $17,100.00 TOTAL SEWER IMPROVEMENTS $50,328:00 I d. STREET IMPROVEMENTS A.C. Paving 6356 TON 45.00 $286,020.00 Aggregate Base 7885 CY 33.00 $260,205.00 SubgradePreparatlon 27830 SY 1.00 $27,830.00 I 6" Curb '& Gutter 10890 LF 9.25 $100,733.00 6' Meandering Sidewalk 65340 SF 2.50 $163,350.00 Ha!1dicap Ramps 3200 SF 2.50 $8,000.00 Metro Street Sign 8 EA 300.00 $2,400.00 I Stop Sign 4 EA 200.00 $800.00 ' Street Ught - Shakespear 9500 Lumen 16 EA 6500.00 $104,000.00 Street Ught Conduit & Conductor 9600 LF 3.00 $28,800.00 Stre.t Ught Pull Box 64 EA 150.00 $9,600.00 I Interconnect Conduit 5445 LF 4.00 $21,780.00 I 29670B28 8-1/-8-3 09/19/2005 ''\. J CITY OF BAKERSFIELD CLAIM VOUCHER Vendor No. CLAIMANT'S NAME AND ADDRESS: I certify that this claim is correct and valid, and is a proper charge against the City Agency and account indicated, PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT: (AUTHORIZED SIGNATURE OF CITY AGENCY) Date: 3/8/2007 Initials of Preparer: PS CITY DEPARTMENT: Public Works (Including Contract Number if Applicable) MOUNTAIN VIEW BRAVO, LLC ATTN: VAN ROBERTS 2130 CHESTER AVENUE, SUITE 200 BAKERSFIELD, CA 93301 IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 05-1, CITY IN THE HILLS AREA Fund Dept. Base Ell Obit Project # Invoice Number Amount Comments on check stub p79 4031 822 8041 KEA621 $2,084,579.55 VOUCHER TOTAL $2,084,579.55 SECTION 72, PENAL CODE Section 72, Presenting False Claims. Every person who with intent to defraud, 'esents for allowance or for payment to any state board or officer, or any Junty, 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 DocumentslClaimvouchertemplate111:50 PM