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Home My WebLink AboutPayment 01-3 Mountain Vista '~ ·:h & . -- B A K E R SF I E L 0 PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Paul Sheats - Accountant I FROM: Þ Marian P. Shaw, Civil Engineer IV DATE: May 22, 2007 SUBJECT: ASSESSMENT DISTRICT NO. 01-3 PAYMENT REQUEST ******************************************************************* The City has received a written application request from the developer that the improvements referenced on the attachment are complete and have been accepted by the City. Documents included contracts, change orders, paid invoices and other documentation establishing the actual amount paid by the developer, thus establishing the Acquisition Price at actual cost. In Addition, the developer has provided the City a Mechanics lien free endorsement as per the requirements of the Acquisition Agreement. Therefore, please find attached the Application for Payment of improvements for Assessment District No. 01-3, Mountain Vis~a Area improvements per payment processing No. 1. 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). $714,545.00 Send $ 714,545.00 to: Lennar Homes of California, Inc. 5251 Office Park Drive Bakersfield, CA 93309 Attention: Gloria Chacon xc: Nelson Smith, Finance Director Bob Sherfy, Deputy City Attorney 01-3reimbIMountainvista,doc prepared Tuesday. May 22. 2007 4:29PM Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 May 18, 2007 29593C John Stinson / Marian Shaw Public Works Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Re: City of Bakersfield Assessment District No. 01-3; Mountain Vista Area Acquisition Payment Processing No. 1 Dear John and Marian: Wilson & Associates has finished our review process of the payment request for the Improvements completed in the Mountain Vista Area of Assessment District No. 01-3 ("AD 01-3"), based on the payment request dated April 23, 2007, submitted by Lennar Homes of California, Inc., (the "Applicant"), and the updates received through May 18, 2007 (collectively, the "Application No. 1 "). This letter and recommendation for payment pertain to all improvements in the Mountain Vista Area (described in Exhibit B, Table B-II-D of the Final Engineer's Report for AD 01-3). 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 Mountain Vista Area of AD 01-3. Enclosed with this letter is a table entitled "Table 1, Itemized Improvements and Acquisition Costs Approved for Payment No.1 in Mountain Vista Area, City of Bakersfield Assessment District No. 01-3" ("Table I") 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-D of the AD 01-3 Engineer's Report (which is the acquisition amount funded by the AD 01-3 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 01-3 Acquisition Price under Payment No.1 for the Mountain Vista Area. Also enclosed are: (i) a copy of the Applicant's "Application and Certificate for Payment" form, (ii) copies of North American Title Insurance Company "Mechanic's Lien Guarantee" forms for Tract No. 6082 Units 1 through 7 (all units of this tract), and (iii) copies of City-issued Notices of Completion for Tract No. 6082 Phases 1 through 7. John Stinson / Marian Shaw May 18,2007 Page Two The total Acquisition Price recommended for payment to the Applicant for acquisition of all AD 01-3 Mountain Vista Area Improvements per Application No.1 is $714,545.00, all as itemized on the enclosed Table I and summarized below. The following is a recapitulation of funds recommended for payment under this Mountain Vista Area Payment No. I: Improvement Acquisition Item AD 01-3 Approved Amount Amount Requested for Payment Amount Approved for Payment No.1 A. MOUNTAIN VISTA DRIVE (Tract No. 6082 Frontage) 1. Grading 2. Street Improvements 3. Miscellaneous Improvements 4. Contingency 5. Incidentals 6. Total Mountain Vista Dr. Improvements $ 3,098.00 $ $ 75,604.00 $ $ 62,964.00 $ $ 14,167.00 $ $ 23.375.00 $ $ 179,208.00 $ 3,098.00 $ 76,884.00 $ 86,164.00 $ 0.00 $ 24.922.00 $ 191,068.00 $ 3,098.00 76,884.00 86,164.00 0.00 24.922.00 191,068.00 B. CULVERT CROSSING OF BUENA VISTA CANAL TO OLD RIVER ROAD 1. Grading $ 1,448.00 $ 7,220.00 $ 7,220.00 2. Culvert Improvements $ 50,000.00 $ 92,970.00 $ 92,970.00 3. Street Improvements $ 9,773.00 $ 22,471.00 $ 22,471.00 4. Miscellaneous Improvements $ 11,880.00 $ 11,941.00 $ 11,941.00 5. Contingency $ 7,310.00 $ 0.00 $ 0.00 6. Incidentals $ 12.061.00 $ 20.190.00 $ 18.917.00 7. Total Culvert Crossing Improvements $ 92,472.00 $ 154,792.00 $ 153,519.00 C. TRACT NO. 6082 ON-SITE IMPROVEMENTS 1. Sewer Improvements $ 183,421.00 $ 149,942.00 $ 149,942.00 2. Water Improvements $ 166,670.00 $ 171,761.00 $ 171,761.00 3. Contingency $ 35,009.00 $ 0.00 $ 0.00 4. Incidentals $ 57.765.00 $ 48.255.00 $ 48.255.00 5. Total Tract 6082 On-site Improvements $ 442,865.00 $ 369,958.00 $ 369,958.00 TOTALS $ 714,545.00 $ 715,818.00 $ 714,545.00 John Stinson / Marian Shaw May 18, 2007 Page Three Based on the findings described above and in accordance with the Application No.1, it is the recommendation of our analysis that $714,545.00 be paid and that a check for that amount be made payable to Lennar Homes of California, Inc., as a payment pursuant to this Payment No. I request for the completed improvements in the Mountain Vista Area of AD 01-3. Please call if you have any questions on the results of our analysis or the recommendations presented herein for payment of the Acquisition Price. Sincerely ~ Dejan Pavié Wilson & Associates Enclosures cc: Gloria Chacon Ambelina Garcia TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1 IN MOUNTAIN VISTA AREA CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 01-3 ENGINEER'S REPORT ESTIMATE I Unit Total I Cost Cost I Item Item Description Quantity Units A. MOUNTAIN VISTA DRIVE (Tract No. 6082 Frontage) a. GRADING Roadway Excavation TOTAL GRADING b. STREET IMPROVEMENTS AC Paving Aggregate Base 6" Curb & Gutter Sidewalk Street Li ht TOTAL STREET IMPROVEMENTS c. MISCELLANEOUS IMPROVEMENTS Block Wall 1- 1166 LF TOTAL MISCELLANEOUS IMPROVEMENTS d. SUBTOTAL IMPROVEMENT COST e. CONSTRUCTION CONTINGENCY f, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY g. INCIDENTAL COST Design Engineering Improvement Bonds Construction Staking Soils and Materials Testing and Report Contractor Overhead Plan Check Construction Inspection Fee TOTAL INCIDENTAL COST h. TOTAL MOUNTAIN VISTA DRIVE IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS REQUESTED FOR PAYMENT Unit Total Units Cost Cost 11549 CY 2,00 $3,098,00 I r $3,098,00 1 LS 3098,00 $3,098.00 I I $3,098.00 n84 TN , 774 CY I 1166 LF 6415 SF 3 EA 35.00 23.00 8.00 2.25 2200,00 $27,440.001 [; 1 LS 47364,00 $47,364,00 $17,802,00 Billed with AC Paving $9,328.00 1195 LF 7,50 8,963,00 $14,434.00 6669 SF varies 12,732,00 $6,600,00 3 EA varies 7,825,00 $75,604.00 $76,884.00 I I I 54.00 $62,964,00 I L_.___ $62,964.00 $141,666,00 $14,167.00 $155,833.00 $86,164,00 II $86,164.00 $166,146.00 1 LS 86164,00 Included in. the above-listed items $166,146.00 '$0,00\' $0.00 I $4,675,00 ¡' $3,117,00 $15,583,00 I $0,00 , $0.00 L $23,375.00 $179,208,00 $0,00 $0,00 $4,984.00 $3,323,00 $16,615,00 $0.00 $0,00 $24,922.00 $191,068.00 1!.2.4 CY B. CULVERT CROSSING OF BUENA VISTA CANAL TO OLD RIVER ROAD a. GRADING Roadway Excavation TOTAL GRADING 2,00 $1,448,00 II $1,448.00 $7,220.00 II $7,220.00 b. CULVERT IMPROVEMENTS Concrete Culvert (2 - 48" x 60") TOTAL CULVERT IMPROVEMENTS c, STREET IMPROVEMENTS AC Paving Aggregate Base 6" Curb & Gutter Sidewalk TOTAL STREET IMPROVEMENTS d. MISCELLANEOUS IMPROVEMENTS Block Wall 1220 LF TOTAL MISCELLANEOUS IMPROVEMENTS e. SUBTOTAL IMPROVEMENT COST f. CONSTRUCTION CONTINGENCY g. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY h. INCIDENTAL COST Design Engineering Improvement Bonds Construction Staking Soils and Materials Testing and Report Contractor Overhead Plan Check Construction Inspection Fee TOTAL INCIDENTAL COST i. TOTAL CULVERT CROSSING OF BUENA VISTA CANAL IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS 1 LS 7220,00 $50,OOO,oqJ I $50,000.00 1 LS 92970.00 . $92,g70,0011 $92,970.00 r--::: 1 EA 50000.00 35,00 23.00 8,00 2,25 ['-..-- 92 TN 90 CY 220 LF 1210 SF $3,220.00 I ¡-- 1 LS 15912.00 $2,070,00 II Billed with AC Paving $1,760,00 I ' 220 LF varies $2,723,00 L.~210 SF varies $9,773.00 $15,912.00 2,479.00 4,080.00 $22,471.00 54.00 $11,~ L_ $11,880.00 $73,101.00 $7,310.00 $80,411.00 $11,941.00 II $11,941.00 $134,602.00 I" I ~ 29593c-1WK4 1 LS 11941,00 Included in the above-listed items $134,602.00 $O,OOl ¡- $0,00' I $2,412,00 I, $1,608,00 I $8,041,00 I $0.00 L' $0,00 $12,061.00 - . $92,472.00 $0.00 $0.00 $4,038,00 $2,692,00 $13,460,00 $0.00 $0,00 $20,190.00 $154,792.00 $3,098.00 I l $3,098.00 $47,364.00 I $0,00 i $8,963,00 I $12,732,00 $7,825,00 $76,884.00 I I I I $86,164,00 II I $86,164.00 I $166,146.00 Included above $166,146.00 $0.00 $0.00 $4,984,00 $3,323,00 $16,615.00 $0,00 $0.00 $24,922,00 $191,068.00 $7,220,00 t $7,220.00 $92,970.00 I $92,970.00 Included ebove $134,602.00 $0,00 $0,00 $4,038,00 $2,692.00 $12,187.00 $0,00 $0.00 $18,917.00 $153,519.00 05/15/2007 TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENt NO.1 IN MOUNTAIN VISTA AREA CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 01-3 ~ REQUESTED FOR PAYMENT I Unit Total I ! Quantity Units Cost Cost ~NGINEER'S REPORT ESTIMATE I Unit Total Item Item Description Qua!1tity Units Cost Cost C, TRACT NO. 6082 ON-SITE IMPROVEMENTS a. SEWER IMPROVEMENTS 8" Sewer Line 6" Sewer Line Standard Manhole TOTAL SEWER IMPROVEMENTS 17240 LF I 2711 LF I 36 EA b. WATER IMPROVEMENTS 8" Water Line 8" Gate Valve ' Standard Hydrant TOTAL WATER IMPROVEMENTS c. SUBTOTAL IMPROVEMENT COST d. CONSTRUCTION CONTINGENCY e, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY f. INCIDENTAL COST Design Engineering Improvement Bonds Construction Staking Soils and Materials Testing and Report Contractor Overhead Plan Check Construction Ins ection Fee TOTAL INCIDENTAL COST 18420 LF ! 13 EA i 36 EA 15,00 11,00 1250,00 11.00 850.00 1750.00 $108.600.00 I I' $29,821,00 $45.000,00 L.. $183,421.00 7883 LF varies $74.522,00 3090 LF 8.00 24,720,00 36 EA varies 50,700.00 $149,942.00 11360 LF 10.00 $113,600,00 37 EA varies 32,161,00 13 EA 2000.00 26,000,00 $171,761.00 $321,703.00 Included In the above-listed Items Included above $321,70~.00 $321,703.00 $92.620,00 $11,050.00 $63.000,00 $166,670.00 $350,091.00 $35,009,00 $385,100.00 I ! I g. TOTAL TRACT NO. 6082 ON-SITE IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS D. TOTAL MOUNTAIN VISTA AREA IMPROVEMENT COST (Add Items A, B, and C) a. IMPROVEMENtS b. CONTINGENCY c. INCIDENTALS d. TOTAL MOUNTAIN VISTA AREA IMPROVEMENT COST $0.0011 $0,001 ' $11,553,00 I $7,702,00 I $38.510.00 I' $0,00 $0.00 L.. $57,765,00 $442,865.00 $0,00 $0,00 $9,651,00 $6.434,00 $32,170,00 $0,00 $0.00 $48,255.00 $369,958.00 $0,00 $0,00 $9,651,00 $6.434.00 $32,170,00 $0,00 $0,00 $48,255.00 $369,958.00 I \ \ I I I I i I U E. RECAPITULATION $564.858,00 $56.486,00 $93.201.00 $714,545.00 $622.451.00 Included in the above-listed items $93,367.00 $715,818.00 $622,451,00 Included above $92,094,00 $714,545.00 a. TOTAL APPROVED FOR PAYMENT PER FINAL ENGINEER'S REPORT $714,545,00 $714,545.00 c. TOTAL FUNDS AVAILABLE FOR PAYMENT AT A LATER DATE b. TOTAL APPROVED FOR PAYMENT NO, 1 (PER THIS REQUEST) NOTES: $0.00 1, An item approved for payment at a lesser amount than requested (up to the maximum amount available for payment of all improvements in the Mountain Vista Area), 29593c-1WK4 2 05/15/2007 EXHIBIT "A" APPLICATION AND CERTIFICATION FOR PAYMENT J TO: (OWNER) Leonar Homes of California, Inc, PROJECT: Assesmenl District 01-3 PROCESS DATE: 04-16-07 5251 Office Park Drive Suit 200 Bakersfield, Ca 93309 ATTENTION: Marian Shaw CONTRACTOR: Lennar Homes of California, Inc. PROJECT NO: 01-3 City of Bakersfield 5251 Office Park Drive 1501 Truxtun Avenue Suil 200 Bakersfield, Ca 93306 Bakersfield, Ca 93309 OWNER'S APPLICATION FOR PAYMENT In accordance with tlie Acquisition Agreement, application for Payment is made for the following items of work: Per Exhibit, Table B-ll-D of the Engineer's Report: Remainging Billable MOUNTAIN VISTA AREA IMPROVEMENTS Assessment District Actual Billed To Date Amount Mountain Vista Drive Improvements (Tract No. 6082 Frontage) A Grading (acquired with completed Street Impr.) $ 3,098.00 $ 3,098.00 $ - B Street Improvements $ 69,004.00 $ 76,884.00 $ (7,880.00) C Miscellaneous Improvements (Block Wall) $ 69,564.00 $ 86,164.00 $ (16,600.00) D Construction Contingency (10%) $ 14,167.00 $ - $ 14,167.00 E Incidental Cost $ 23,375.00 $ 24,922.00 $ (1,547.00) G Total Mountain Vista Drive Improvements $ 179,208.00 $ 191,068.00 $ (11,860.00) Culvert Crossing of Buena Vista Canal to Old River Road Improvements A Grading (acquired with completed Street Impr.) $ 1 ,448.00 $ 7,220.00 $ (5,772.00) B Culvert Improvements $ 50,000.00 $ 92,970.00 $ (42,970.00) C Street Improvements $ 9,773.00 $ 22,471.00 $ (12,698.00) D Miscellaneous Improvements (Block Wall) $ 11,880.00 $ 11,941.00 $ (61.00) E Construction Contingency (10%) $ 7,310.00 $ - $ 7,310.00 F Incidental Cost $ 12,061.00 $ 20,190.00 $ (8,129.00) G Total Culvert Crossing Improvements $ 92,472.00 $ 154,792.00 $ (62,320.00) Tract 6082 Onsite Improvements A Sewer Improvements $ 183,421.00 $ 149,942.00 $ 33,479.00 B Water Improvements $ 166,670.00 $ 171,761.00 $ (5,091.00) C Construction Contingency $ 35,009.00 $ - $ 35,009.00 D Incidental Cost $ 57,765.00 $ 48,255.00 $ 9,510.00 E Total Tract 6082 Onsite Improvements $ 442,865.00 $ 369,958.00 $ 72,907.00 TOTAL IMPROVEMENTS A Total MountainVista Drive Improvements $ 179,208.00 $ 191,068.00 $ (11,860.00) B Total ,Culvert Crossing Improvements $ 92,472.00 $ 154,792.00 $ (62,320.00) C Total Tract 6082 Onsite Improvements $ 442,865.00 $ 369,958.00 $ 72,907.00 D Total Mountain Vista Area Improvements $ 714,545.00 $ 715,818.00 $ (1,273.00) The above items of work are 100% complete The above amounts are the actual costs for each item of work as outlined in Exhibit "B" of the Engineer's Report ENGINEER'S CERTIFICATE FOR PAYMENT \In accordance with the Contract Document, based on on-site J observations and the data comprising the aoove application. The Engineer certifies to the Owner that the Work has progressed to the point indicated; that to the best of his knowledge, infonnation and belief, the quality of the Work is in accordance with the Contract Documents and that the AMOUNT CERTIFIED ..,....".,..,.....""""", "" '''''''' (Attach explanation if amount certified differs fonn the' amount applied for.) " Contractor is entitled to payment of the AMOUNT CERTIFIED. ~~ Robert E. Smith, RCE 35473 This certificate is not negotiable, The AMOUNT CERTIFIED is payable only to the Contractor named herein. Insurance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. OWNER'S CERTIFICATION Lennar Homes of California, Inc. hereby certifies that the materials or services shown hereon were furnished to the City of Bakersfield; that no part thereof has been paid; that the items of this claims are just and legal; that there is due the undersigned the amount shown hereon. Lennar J;:Iomes of California, Inc. 5251 Office Park Drive ) Suite 200 Bakersfield, Ca 93309 c ~~ . $ 715,818.00 GUARANTEE ..NORTH ~AMERICAN , TITLE - .-., INSURANCE ..COMPANY Like Clockwor/(5m 2185 NORTH CALIFORNIA BLVD., SUITE 575 · WALNUT CREEK, CALIFORNIA 94596 · (925) 935-5599 NORTH AMERICAN TITLE INSURANCE COMPANY ~I.~- ..)~ f1p H N~ 196896 PRESIDENT ASSISTANT SECRETARY #~7--'f; \\ì Lt:: IN8¿,"....., "'.,.~C"~·-"'·~"~l~'> ";,. (\. \ \' \ "ì . I , I ¡ J íCWit ' I· . "'''" ! ¡ / ¡ , .~.~~~,,=~,.,4'/~·/ ~"'"; l ¿ r'" F"\tl ~t4.\ JI" ~--~~~~,:~_~:_~~~pë.~~ Form No. 6282 (Rev 12/15/95) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1, 'Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the (ollowing: ' (a) Defects, 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 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, (c) (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) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (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 right to main- tain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, 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 validity, legal effect or priority of any matter shown or referred to in this Guarantee. 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) "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 "Ianrl" tioes not include any property beyond the lines of th )described or referred to in Schedule (A)(C) or in "t¡, 1 2, nor any right, title, interest, estate or easement in abutting streets, roads, 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 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 Company, then all liability of the Company shall termi- nate with regard to the matter or matters for which prompt notice is required; provided. however. that failure to notify the Company shall in no case prejudice the 'ights of any Assured under this Guarantee unless the ~ompany shall be prejudiced by the failure and then Jnlv t" t~e extent of the prejudice. I. _ .)Duty to Defend or Prosecute. rhe Company shall have no duty to defend or prosecute my action or proceeding to which the Assured is a larty, notwithstanding the nature of any allegation in ¡uch action or proceeding, GUARANTEE CONDITIONS AND STIPULATIONS 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 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 liable hereunder, and shall not thereby concede lia- bility 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 rep- resent 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. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the pro- visions 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, (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 purpose, Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reason- able aid in any action or proceeding, securing evidence, 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 cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or 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 dam- age signed and sworn to by the Assured shall be fur- nished 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 describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating 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 exam- ination 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 repre- sentative 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, Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Com- pany 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 or damage. All information desig- nated 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 or grant permission to secure reasonably necessary information from third parties as required (5 continued) in thê above pa'ragraph, unless prohibited by law or govenimental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. - "lions to Payor Otherwise Settle Claims: Jmination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Payor 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 indebt- edness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reason- able 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 alllia- bility 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 indebted- ness, 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 pi" ) for in Paragraph (a) the Company's obligation to ,ssured 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 Payor Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To payor otherwise settle with other parties for or in the name of an Assured claimant any claim 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 obligat- ed to pay. Upon the exercise 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 terminate, 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 ar' }onetary loss or damage sustained or incurred b) ~ssured claimant who has suffered loss or dam- agetiy 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 tlie 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 indebted- ness 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 theron; 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 defect, 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 determination 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 Liability or Termination of Liability. All payments under this Guarantee, except pay- ments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (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 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 Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or SeUlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subroga- tion shall vest in the Company unaffected by any act of the Assured claimant. 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 per- son 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 prinCipal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pur- suant to the Title Insurance Arbitration Rules of the American Arbitration Association, Arbitrable matters may include, 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 arbitra- ble matters when the Amount of Liability 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 attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereot. The law of the situs of the land shall apply to an arbitration under the Titie Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability limited 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 negligence, 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 President. a Vice President. the Secretary, all Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and be addressed to it at its main office at 2185 N. California Blvd., Suite 575. Walnut Creek, California 94596, NORTH AMERICAN TITLE COMPANY 505 S. Main Street, #101 . Orange, CA 92868 Tel: (714) 550-6500 . Fax: (714) 667-0338 Direct (714) 550-6415. e-mail mwardle@nat.com TRANSMITTAL LENNAR BAKERSFIELD, INC., A DELAWARE CORPORATION 5251 OFFICE PARK DRIVE, SUITE 400 BAKERSFIELD, CA 93309 ATTN: YERVAND KHORANIAN Reference: MECHANICS LIEN GUARANTEE TRACT 6082-1 Our Order No.: 7004683-23 In connection with the above-referenced matter, we enclose the following: MECHANICS LIEN GUARANTEE Dated APRIL 25, 2007 Please let me know if I can be of any further assistance. Sincerely. Mark Wardle Chief Title Officer Development Services Division CL TA GUARANTEE Form No.9 (Rev. 6/6/92) MECHANICS LIEN GUARANTEE LIABILITY $1,000.00 FEE: $250.00 NORTH AMERICAN TITLE COMPANY A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES LENNAR HOMES OF CALIFORNIA, INC. HEREIN CALLED THE ASSURED, AGAINST LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. 2. THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE. DATED: APRIL 25,2007 COUNTERSIGNED: 0"'- BY:. ...~ AUTHUKI"~U t;lliNA I UKY 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. / ORDER NO. 7004683-23 GUARANTEE NUMBER: 196896 SCHEDULE A MECHANICS LIEN GUARANTEE THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: THAT, ACCORDING TO THE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO THE TITLE TO THE LAND DESCRIBED HEREIN, THERE ARE NO NOTICES OF COMPLETION NOTICES OF CESSATION OF LABOR NOTICES OF NON-RESPONSIBILITY CLAIMS OF STATUTORY LIENS FOR LABOR OR MATERIALS (OTHER THAN SUCH CLAIMS FOR WHICH A RELEASE APPEARS IN SAID RECORDS), OR NOTICES OF THE PENDENCY OF ACTIONS TO FORECLOSE SUCH LIENS, RECORDED SUBSEQUENT TO APRIL 25, 2005, WHICH PURPORT TO AFFECT SAID LAND, OTHER THAN THOSE SHOWN BELOW UNDER EXCEPTIONS LEGAL DESCRIPTION: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 73 AND LETTERED LOTS Af BAND C OF TRACT 6082f UNIT 1f AS PER MAP RECORDED MAY 24f 2002 IN BOOK 48f PAGES 122 AND 123 OF MAPSf IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTIONS: NONE CLTA GUARANTEE FORM NO.9 (REVISED 6/6/92) ) '" " GUARANTEE ..NORTH ..AMERICAN TITLE - ...' INSURANCE ..COMPANY . Like Clockworlêm 2185 NORTH CALIFORNIA BLVD., SUITE 575 · WALNUT CREEK, CALIFORNIA 94596 · (925) 935-5599 NORTH AMERICAN TITLE INSURANCE COMPANY r I. ~~ . ~~IDENT .. BY ~ ASSISTANT SEeRErARY H Nt} 196897 Form No, 6282 (Rev 12/15/95) NORTH AMERICAN TITLE COMPANY 505 S. Main Street, #101 . Orange, CA 92868 Tel: (714) 550-6500 . Fax: (714) 667-0338 Direct (714) 550-6415 . e-mail mwardle@nat.com TRANSMITTAL LENNAR BAKERSFIELD, INC., A DELAWARE CORPORATION 5251 OFFICE PARK DRIVE, SUITE 400 BAKERSFIELD, CA 93309 ATTN: GLORIA CHACON Reference: MECHANICS LIEN GUARANTEE TRACT 6082-2 Our Order No.: 7004684-23 In connection with the above-referenced matter, we enclose the following: MECHANICS LIEN GUARANTEE Dated APRIL 25, 2007 Please let me know if I can be of any further assistance. Sincerely. Mark Wardle Chief Title Officer Development Services Division ORDER NO: 7004684-23 GUARANTEE NO.: 196897 MECHANICS LIEN GUARANTEE LIABILITY $1,000.00 FEE: $250.00 NORTH AMERICAN TITLE COMPANY A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES LENNAR HOMES OF CALIFORNIA, INC. HEREIN CALLED THE ASSURED, AGAINST LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. 2. THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE. DATED: APRIL 25,2007 COUNTERSIGNED: C>-- BY:, .,~ AUTHUKILl::U ~1l;jNA I UKY Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If yc;>u wish additional liability, or assurances other than as contained herein, please contact the company for further information as to the availability and cost. ORDER NO. 7004684-23 GUARANTEE NUMBER: 196901 SCHEDULE A MECHANICS LIEN GUARANTEE THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: THAT, ACCORDING TO THE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO THE TITLE TO THE LAND DESCRIBED HEREIN, THERE ARE NO NOTICES OF COMPLETION NOTICES OF CESSATION OF LABOR NOTICES OF NON-RESPONSIBILITY CLAIMS OF STATUTORY LIENS FOR LABOR OR MATERIALS (OTHER THAN SUCH CLAIMS FOR WHICH A RELEASE APPEARS IN SAID RECORDS), OR NOTICES OF THE PENDENCY OF ACl10NS TO FORECLOSE SUCH LIENSf RECORDED SUBSEQUENT TO APRIL 25, 2005, WHICH PURPORT TO AFFECT SAID LAND, OTHER THAN THOSE SHOWN BELOW UNDER EXCEPTIONS LEGAL DESCRIPTION: All THAT REAL PROPERTY SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOllOWS: lOTS 1 THROUGH 13 AND lETTERED lOT A OF TRACT 6082, UNIT 2, AS PER MAP RECORDED MAY 24, 2002 IN BOOK 48 PAGES 124, 125 AND 126 OF MAPS, AND AS PER CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 18, 2002 AS INSTRUMENT NO. 0202153947 AND RECORDED OCTOBER 4, 2002 AS INSTRUMENT NO. 0202166008 BOTH OF KERN COUNTY OFFICIAL RECORDS. EXCEPTIONS: NONE CL TA GUARANTEE FORM NO.9 (REVISED 6/6/92) GUARANTEE ORTH MERICAN TITLE ~.INSURAtŒE ..COMPANY 2185 NORTH CALIFORNIA BLVD., SUITE 575 · WALNUT CREEK, CALIFORNIA 94596 . (925) 935-5599 NORTH AMERICAN TITLE INSURANCE COMPANY ;JL ¡;~- ) BY H PRESIDENT ASSISTANT SECRETARY .-........,1.~ .,. i r:: I 1J {"_~ '''>\~.... ~:y~:::~:~~:~ÚR ~~~\. ~"" ~A·~ \, ", >{~, \ \;'0' \ f, ,'" ~~.,~" ,'é' ' "r') '\ ¡"'ßt ,.,\(-, \1.1..·,,·,···>.'·1 ',-[1 ','--, " ~ :tN·<.rl>."' -,~ - \....?{ ~y.;." 1 ' _ ' j ~ _ ~ \ ~~,' ~~ ~ ~.~~~f;fJ /J j \.'2~\ . /'\"'l '\ :>i~",.,~,.., ,;,.,,'/" / '\;_ _ C"". .!r-"".....,..,.¡""'~~ ,~ _ E '<..,"4/ i i ¡: r)?, ..::\\ ,/C ~~"'~~~~~~~~+¢~ Form No, 6282 (Rev 12/15/95) NORTH AMERICAN TITLE COMPANY 505 S. Main Street, #101 . Orange, CA 92868 Tel: (714) 550-6500 . Fax: (714) 667-0338 Direct (714) 550-6415. e-mail mwardle@nat.com TRANSMITTAL LENNAR BAKERSFIELD, INC., A DELAWARE CORPORATION 5251 OFFICE PARK DRIVE, SUITE 400 BAKERSFIELD, CA 93309 ATIN: YERVAND KHORANIAN Reference: MECHANICS LIEN GUARANTEE TRACT 6082-3 Our Order No.: 7004685-23 In connection with the above-referenced matter, we enclose the following: MECHANICS LIEN GUARANTEE Dated APRIL 25, 2007 Please let me know if I can be of any further assistance. Sincerely. Mark Wardle Chief Title Officer Development Services Division ORDER NO: 7004685-23 GUARANTEE NO.: 196898 \ MECHANICS LIEN GUARANTEE LIABILITY $1,000.00 FEE: $250.00 NORTH AMERICAN TITLE COMPANY A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES LENNAR HOMES OF CALIFORNIA, INC. HEREIN CALLED THE ASSURED, AGAINST LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. 2. THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE. DATED: APRIL 25,2007 COUNTERSIGNED: c~- BY: AUTHVHILl:U ::i1<3NA I VH Y 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. ORDER NO. 7004685-23 GUARANTEE NUMBER: 196898 " SCHEDULE A MECHANICS LIEN GUARANTEE THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: THAT, ACCORDING TO THE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO THE TITLE TO THE LAND DESCRIBED HEREIN, THERE ARE NO NOTICES OF COMPLETION NOTICES OF CESSATION OF LABOR NOTICES OF NON-RESPONSIBILITY CLAIMS OF STATUTORY LIENS FOR LABOR OR MATERIALS (OTHER THAN SUCH CLAIMS FOR WHICH A RELEASE APPEARS IN SAID RECORDS)f OR NOTICES OF THE PENDENCY OF ACTIONS TO FORECLOSE SUCH LIENS, RECORDED SUBSEQUENT TO APRIL 25, 2005, WHICH PURPORT TO AFFECT SAID LAND, OTHER THAN THOSE SHOWN BELOW UNDER EXCEPTIONS \ \ i LEGAL DESCRIPTION: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 53 OF TRACT NO. 6082, UNIT 3, AS PER MAP RECORDED SEPTEMBER 16, 2003 IN BOOK 50 PAGES 86 THROUGH 88 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPTIONS: NONE CL TA GUARANTEE FORM NO.9 (REVISED 6/6/92) " i) GUARANTEE ..NORTH ~AMERICAN TITLE - ".INSURANCE ..COMPANY Like Clockwor/(sm 2185 NORTH CALIFORNIA BLVD., SUITE 575 · WALNUT CREEK, CALIFORNIA 94596 . (925) 935-5599 NORTH AMERICAN TITLE INSURANCE COMPANY PRESIDENT ) BY ASSISTANT SECRETARY H No 196f10Q · '\,J:t) ~.' #~~~~ îl E iN" ~,,- ':""';~..:-;)(il:;>~ ' '-~ '''í '\. -'.'\11.... "- _. ~"..f\ \ \, \ "..r"~ \ '; » , \:;,., , f $k. J SEPT Hit 1958 } ¡ l / '\' J y ~ l /~ t' ~~~_~>~~é:\" ~ ~~/ ~ ,.r F 0 \; ~'\~4"P~p ...-.~~.,:.""'.~~-';}.'"'."d'. Form No. 6282 (Rev 12/15/95) \ i NORTH AMERICAN TITLE COMPANY 505 S. Main Street, #101 . Orange, CA 92868 Tel: (714) 550-6500 . Fax: (714) 667-0338 Direct (714) 550-6415. e-mail mwardle@nat.com TRANSMITTAL LENNAR BAKERSFIELD, INC., A DELAWARE CORPORATION 5251 OFFICE PARK DRIVE, SUITE 400 BAKERSFIELD, CA 93309 ATfN: YERVAND KHORANIAN Reference: MECHANICS LIEN GUARANTEE TRACT 6082-4 Our Order No.: 7004686-23 In connection with the above-referenced matter, we enclose the following: MECHANICS LIEN GUARANTEE Dated APRIL 25, 2007 Please let me know if I can be of any further assistance. Sincerely. Mark Wardle Chief Title Officer Development Services Division ORDER NO.: 7004686-23 GUARANTEE NO: 196899 MECHANICS LIEN GUARANTEE LIABILITY $1,000.00 FEE: $250.00 NORTH AMERICAN TITLE COMPANY A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES LENNAR HOMES OF CALIFORNIA, INC. HEREIN CALLED THE ASSURED, AGAINST LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. 2. THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE. DATED: APRIL 25,2007 COUNTERSIGNED: G"-, _ BY:. r '-------- AUTHUKILI::U ::>1l:iNA I UKY 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. ...,/ '. ORDER NO. 7004686-23 GUARANTEE NUMBER: 196899 SCHEDULE A MECHANICS LIEN GUARANTEE THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: THAT, ACCORDING TO THE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO THE TITLE TO THE LAND DESCRIBED HEREIN, THERE ARE NO NOTICES OF COMPLETION NOTICES OF CESSATION OF LABOR NOTICES OF NON-RESPONSIBILITY CLAIMS OF STATUTORY UENS FOR LABOR OR MATERIALS (OTHER THAN SUCH CLAIMS FOR WHICH A RELEASE APPEARS IN SAID RECORDS)f OR NOTICES OF THE PENDENCY OF ACTIONS TO FORECLOSE SUCH LIENS, RECORDED SUBSEQUENT TO APRIL 25, 2005, WHICH PURPORT TO AFFECT SAID LAND, OTHER THAN THOSE SHOWN BELOW UNDER EXCEPTIONS LEGAL DESCRIPTION: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 40 OF TRACT NO. 6082, UNIT 4, AS PER MAP RECORDED FEBRUARY 18, 2004 IN BOOK 51 PAGE 3 OF MAPS, IN THE OFACE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTIONS: NONE CL TA GUARANTEE FORM NO.9 (REVISED 6/6/92) .-:,,,,,,,,,:,, GUARANTEE ..NORTH ~AMERICAN TITLE - ...' INSURANCE ..COMPANY Like Clockwor/(Sm 2185 NORTH CALIFORNIA BLVD., SUITE 575 · WALNUT CREEK, CALIFORNIA 94596 · (925) 935-5599 NORTH AMERICAN TITLE INSURANCE COMPANY ~I.~- , ¡t. PRESIDENT BY ASSISTANT SECRETARY H Nt} 196900 "', "', '\ \. \ I ¡ ¡ i' e~ /, Ì" / ,~4 ,'~ # '"",y"'" L t' r r-; 'f\ ,~ "':~""{/ ~""'-~""-~",,....~,,:~,,-,",Y Form No, 6282 (Rev 12/15/95) NORTH AMERICAN TITLE COMPANY 505 S. Main Street, #101 . Orange, CA 92868 Tel: (714) 550-6500. Fax: (714) 667-0338 Direct (714) 550-6415 . e-mail mwardle@nat.com TRANSMITTAL LENNAR BAKERSFIELD, INC., A DELAWARE CORPORATION 5251 OFFICE PARK DRIVE, SUITE 400 BAKERSFIELD, CA 93309 ATTN: YERVAND KHORANIAN Reference: MECHANICS LIEN GUARANTEE TRACT 6082-5 Our Order No.: 7004687-23 In connection with the above-referenced matter, we enclose the following: MECHANICS LIEN GUARANTEE Dated APRIL 25, 2007 Please let me know if I can be of any further assistance. Sincerely. Mark Wardle Chief Title Officer Development Services Division ORDER NO.: 7004687-23 GUARANTEE NO: 196900 MECHANICS LIEN GUARANTEE LIABILITY $1,000.00 FEE: $250.00 NORTH AMERICAN TITLE COMPANY A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES LENNAR HOMES OF CALIFORNIA, INC. HEREIN CALLED THE ASSURED, AGAINST LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. 2. THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE. DATED: APRIL 25,2007 COUNTERSIGNED: 0" - BY:. /~ AUTHUKIL1=U ::ï1l;;NA I UKY 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. ORDER NO. 7004687-23 GUARANTEE NUMBER: 196900 SCHEDULE A MECHANICS LIEN GUARANTEE THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: THAT, ACCORDING TO THE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO THE TITLE TO THE LAND DESCRIBED HEREIN, THERE ARE NO NOTICES OF COMPLETION NOTICES OF CESSATION OF LABOR NOTICES OF NON-RESPONSIBILITY CLAIMS OF STATUTORY LIENS FOR LABOR OR MATERIALS (OTHER THAN SUCH CLAIMS FOR WHICH A RELEASE APPEARS IN SAID RECORDS), OR NOTICES OF THE PENDENCY OF ACTIONS TO FORECLOSE SUCH LIENSf RECORDED SUBSEQUENT TO APRIL 25, 2005, WHICH PURPORT TO AFFECT SAID LAND, OTHER THAN THOSE SHOWN BELOW UNDER EXCEPTIONS LEGAL DESCRIPTION: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 33 OF TRACT NO. 6082, UNIT 5,AS PER MAP RECORDED MAY 18, 2004 IN BOOK 51 PAGES 114-115 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTIONS: NONE CL TA GUARANTEE FORM NO.9 (REVISED 6/6/92) ·~ ï GUARANTEE ..NORTH ..AMERICAN TITLE - ".INSURANCE ..COMPANY Like Clockworlêm 2185 NORTH CALIFORNIA BLVD., SUITE 575 · WALNUT CREEK, CALIFORNIA 94596 · (925) 935-5599 NORTH AMERICAN TITLE INSURANCE COMPANY PRESIDENT BY ASSISTANT SECRETARY H N «! 196894 '---" ¡ ¡::: ¡ " ,.~. , t', ''\. . (~~\ \ .-" \ \'(') \ j~ ¡ Ivj I "~,'~J ;f ",,/'þ, ,<~~~í Form No. 6282 (Rev 12/15/95) NORTH AMERICAN TITLE COMPANY 505 S. Main Street, #101 . Orange, CA 92868 Tel: (714) 550-6500 . Fax: (714) 667-0338 Direct (714) 550-6415. e-mail mwardle@nat.com TRANSMITTAL LENNAR BAKERSFIELD, INC., A DELAWARE CORPORATION 5251 OFFICE PARK DRIVE, SUITE 400 BAKERSFIELD, CA 93309 ATTN: YERVAND KHORANIAN Reference: MECHANICS LIEN GUARANTEE TRACT 6082-6 Our Order No.: 7004688-23 In connection with the above-referenced matter, we enclose the following: MECHANICS LIEN GUARANTEE Dated APRIL 26, 2007 Please let me know if I can be of any further assistance. I' ¡ Sincerely. Mark Wardle Chief Title Officer Development Services Division ORDER NO. 7004688-23 GUARANTEE NUMBER: 196901 SCHEDULE A MECHANICS LIEN GUARANTEE THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: THAT, ACCORDING TO THE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO THE TITLE TO THE LAND DESCRIBED HEREIN, THERE ARE NO NOTICES OF COMPLETION NOTICES OF CESSATION OF LABOR NOTICES OF NON-RESPONSIBILTIY ClAIMS OF STATUTORY UENS 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 UENS, RECORDED SUBSEQUENT TO APRIL 25, 2005, WHICH PURPORT TO AFFECT SAID LAND, OTHER THAN THOSE SHOWN BELOW UNDER EXCEPTIONS LEGAL DESCRIPTION: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 13 AND LETTERED LOT A OF TRACT 6082, PHASE 6, AS PER MAP RECORDED AUGUST 5, 2003 IN BOOK 50 PAGE 51 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTIONS: NONE CLTA GUARANTEE FORM NO.9 (REVISED 6/6/92) ORDER NO. 7004688-23 GUARANTEE NO. 196901 MECHANICS LIEN GUARANTEE LIABILITY $1,000.00 FEE: $250.00 NORTH AMERICAN TITLE COMPANY A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES LENNAR HOMES OF CALIFORNIA, INC. HEREIN CALLED THE ASSURED, AGAINST LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MA TIER SHOWN THEREIN. 2. THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE. DATED: APRIL 26,2007 COUNTERSIGNED: c~ BY: AUTHORIZED SIGNATORY 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. GUARANTEE ..NORTH ~AMERICAN TITLE - '-.,INSURANCE ..C'OMPANY Like Clockworlêm 2185 NORTH CALIFORNIA BLVD., SUITE 575 · WALNUT CREEK, CALIFORNIA 94596 · (925) 935-5599 NORTH AMERICAN TITLE INSURANCE COMPANY ~T.~~ ) a^ BY ,r{/, \ ASSISTANT SECRETARY PRESIDENT H Nt! 196902 Form No, 6282 (Rev 12/15/95) NORTH AMERICAN TITLE COMPANY 505 S. Main Street, #101 . Orange, CA 92868 Tel: (714) 550-6500 . Fax: (714) 667-0338 Direct (714) 550-6415. e-mail mwardle@nat.com TRANSMITTAL LENNAR BAKERSFIELD, INC., A DELAWARE CORPORATION 5251 OFFICE PARK DRIVE, SUITE 400 BAKERSFIELD, CA 93309 ATTN: YERVAND KHORNIAN Reference: MECHANICS LIEN GUARANTEE TRACT 6082-7 Our Order No.: 7004689-23 In connection with the above-referenced matter, we enclose the following: MECHANICS LIEN GUARANTEE Dated APRIL 25,2007 Please let me know if I can be of any further assistance. Sincerely. Mark Wardle Chief Title Officer , Development Services Division ) ORDER NO: 7004689-23 GUARANTEE NO.: 196902 MECHANICS LIEN GUARANTEE LIABILITY $1,000.00 FEE: $250.00 NORTH AMERICAN TITLE COMPANY A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES LENNAR HOMES OF CALIFORNIA. INC. HEREIN CALLED THE ASSURED, AGAINST LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. 2. THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE. DATED: APRIL 25,2007 COUNTERSIGNED: C'" BY:. F~ AUTHUKILI::U ::i1l:iNA I UKY 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. ORDER NO: 7004689-23 GUARANTEE NO.: 196902 SCHEDULE A MECHANICS LIEN GUARANTEE THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: THAT, ACCORDING TO THE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO THE TITLE TO THE LAND DESCRIBED HEREIN, THERE ARE NO NOTICES OF COMPLETION NOTICES OF CESSATION OF LABOR NOTICES OF NON-RESPONSIBILITY CLAIMS OF STATUTORY UENS FOR LABOR OR MATERIALS (OTHER THAN SUCH CLAIMS FOR WHICH A RELEASE APPEARS IN SAID RECORDS), OR NOTICES OF THE PENDENCY OF ACllONS TO FORECLOSE SUCH UENS, RECORDED SUBSEQUENT TO APRIL 25, 2005, WHICH PURPORT TO AFFECT SAID LAND, OTHER THAN THOSE SHOWN BELOW UNDER EXCEPTIONS LEGAL DESCRIPTION: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 40 OF TRACT NO. 6082f UNIT 7, AS PER MAP RECORDED MAY 18, 2004 IN BOOK 51 PAGES 116 AND 117 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTIONS: NONE CLTA GUARANTEE FORM NO.9 (REVISED 6/6/92) ) PLEASE COMPLETE THIS INFORMATION James W. Fitct.~ssessor - Recorder Kern County Official Records Recorded at the request of Public DOC#: 0205092985 SABRINA 4/13/2005 2:00 PM RECORDING REQUESTED BY a"1 for the benefit of the ¡I( OF BAKERSFIELD Stat Types: 1 WHEN RECORDED MAIL TO: 111111/1//111111111 Fees Taxes Others PAID Pages: 1 0.00 0.00 0.00 $0.00 CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 This Space For Recorder'. Usa Only NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was completed on that certain Qroject known as TRACT 6082 PHASE 1, for the undersigned agency on JULY 2, 2003, located NORTH OF PACHECO ROAD AND WEST OF OLD RIVER ROAD, and that said project was accepted by this agency on MARCH 30, 2005. The undersigned agency owns the following Interest in said property described above: right-of-way and public improvements within the right-of-way. ) The Contractor/Developer ón said project was CAMPUS PARK DEVELOPMENT, LLC, and contract number is City of Bakersfield Contract No. 02-131. Please refer to said contract number on all communications relating to said contract. The address of the undersigned agency is City Hall, 1501 Truxtun Avenue, Bakerslield, California 93301. . I declare under penalty of perjury, under the laws of the State of California, that the contents herein are true and correct to the best of my knowledge. Executed on March 30, 2005, at Bakersfield, California. ~RõJA5 Public Works Director CITY OF BAKERSFIELD Bv-:!!/t!&- G: OROLPDA rCOnSlrUClioll' NOC'200S·'.TR 6082-I.Joc ~J PLEASE COMPLETE THIS INFORMATION ~ -"CORDING REQUESTED BY Id for the benefit of the CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: James W. Fitch.l Assessor - Recorder Kern County Official necords Recorded It Ihe raque.t 01 Public ooc#: 0205105041 SOFIR 4/2712005 8:48 AM Stat Typea: 1 Pagls: 1 CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 111111111111/1111 Fe.. TIXIS Others PAID 0.00 0.00 0.00 $0.00 TIQ Spac. For Rooonl.~. UN 0ftIv NOTICE Of COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was completed on that certain ~rQject known as TRACT 6082 PHASE 2 tor the undersjgned agency on JUNE 3, 2004, located NORTH OF PACHECO ROAD AND EAST OF MOUNTAIN VISTA ROAD, and that said project was accepted by this agency on MARCH 16,2005. The undersigned agency owns the following interest in said property described aoave: right-of-way and public ilT'''~ovements within the right-ot-way. , The Contractor/Developer on said project was CAMPUS PARK DEVELOPMENT, LLC, and contract number is City of Bakersfield Contract No. 02-133. Please refer to said contract number on all communications relating to said contract. The address of the undersigned agency is City Hall, 1501 Truxtun Avenue, Bakerslield, California 93301. I declare under penalty of perjury, under the laws of the State of California, that the contents herein are true and correct to the best of my knowledge. Executed on March 16,2005, at Bakersfield, California. ~~--- Public Works Director By (j:'..cjRüUPOA·r·.Cun.slruc[il,)n;NOC200~·.TR 6082.2 d~1,; _. _.n. _. ,_. ,._. .__.....___..-.-- ._""-_.___....__._. (¡t 't I PLEASE COMPLETE THIS INFORMATION 'CORDING REQUESTED BY J _.. ¡d for the benefit of the CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: James W. Fitch1 Assessor - Recorder Kern County Official necords Recorded .1 the request 01 Public ooc#: 0205105043 SOFIR 412712005 8:48 AM Slat Types: 1 Pagls: 1 CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 L 11111111110 IIIIIII1 Fees TaxIS Others PAID 0.00 0.00 0.00 $0.00 'nil. Sp~ FDr ReconMr'. U.. Only NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was completed on that certain p-roject known as TRACT 6082 PHASE 3 for the undersigned a~ncy on JUNE 3, 2004, located NORTH OF PACHECO ROAD AND EAST OF MOUNTAIN VISTA ROAD, and that said project was accepted by this agency on MARCH 11,2005. The undersigned agency owns the following interest in said property described aoove: right-of-way and public i'· rovements within the right-of-way. ' í The Contractor/Developer, on said project was GMAC MODEL HOME FINANCE AND LENNAR BAKERSFIELD, INC., and contract number IS City of Bakersfield Contract No. 03-259. Please refer to said contract number on all communications relating to said contract. The address of the undersigned agency is City Hall, 1501 Truxtun Avenue, Bakersfield, California 93301, I declare under penalty of perjury, under the laws of the State of California, that the contents herein are true and correct to lhe best of my knowledge. Executed on March 11, 2005, at Bakersfield, California, /" ~UL~5 ubhc Works Director CITY OF BAKERSFIEL /4 By Ú 'CiR!_I~ !'f)', r-(··\~r.S:·UC:I'.ln "()to l')()<: fR f\mc' lli<",- ._. - -. ----.- -----._- ..-p--.------ ----'-"---"'-'.--- 1':. If PLEASE COMPLETE THIS INFORMATION RECO~DING REQUESTED BY , and for the benefit of the . jy (JF BAKERSFIELD James W. Fitch~ Assessor- Recorder Kern County Official necords Recorded allhe requesl 01 Public DOC#: 0205092989 SABRINA 4/1312005 2:00 PM Stat Types: 1 WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD 111111111111 Fees Taxes Others PAID Pages: 1 0.00 0.00 0.00 $0.00 I~rf':¡ CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 This Space For Recorder's Use Only NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was completed on that certain RfQject known as TRACT 6082 PHASE 4 for the undersigned agency on JULY 2,2003, located NORTH OF PACHECO ROAD AND EAST OF MOUNTAIN VISTA ROAL>, and that said project was accepted by this agency on MARCH 30, 2005. The undersigned agency owns the following interest in said property described above: right-of-way and public improvements within the right-of-way. ) The Contractor/Developer on said. project was LENNAR BAKERSFIELD, INC., and contract n\... I lber is City of Bakersfield Contract No. 04-025. Please refer to said contract number on all communications relating to said contract. The address of the undersigned agency is City Hall, 1501 Truxtun Avenue, Bakersfield, California 93301. I declare under penalty of perjury, under the laws of the State of California, that the contents herein are true and correct to the best of my knowledge. Executed on March 30, 2005, at Bakersfield, California. ~~JAS Public Works Director By 130l')d : 1042.,30 611- G,'{ìROUPDA T\ConSlruclIon'NOC,Z005:;-R 60H2.4,doc ~I J ~. ( . , PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY Ii for the benefit of the j'V OF BAKERSFIELD James W. Fitch.1 Assessor-Recorder Kern County Official necords Recorded allhe requesl 01 Public DOC#: 0206222359 SABRINA 9/0712006 2:00 PM Stat Types: 1 Pages: 1 WHEN RECORDED MAil TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 11111111111 Fees Taxes Others PAID 0.00 0.00 0.00 $0.00 This Space For Recorder's Use Onlv NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was completed on that certain project known as TRACT 6082 UNIT 5.1 for the undersigned agency on JUNE 2, 2006, located NORTH OF PACHECO ROAD AND EAST Or- MOUNTAIN VISTA ROAD, and that said project was accepted by this agency on JUNE 2, 2006. The undersigned agency owns the following interest in said property described above: right-of-way and public irr'- ~ovements within the right-of-way. ) The Contractor/Developer on said project was GMAC MODEL HOME FINANCE and LENNAR BAKERSFIELD, INC., and contract number is City of Bakersfield Contract No. 04·111. Please refer to said contract number on all communications relating to said contract. The address of the undersigned agency is City Hall, 1501 Truxtun Avenue, Bakersfield, California 93301. I declare under penalty of perjury, under the laws of the State of California, that the contents herein are true and correct to the best of my knowledge. Executed on June 2, 2006, at Bakersfield, California. R~JAS - Public Works Director CITY OF BAKERSm./1./1 By --ii t:::L, :yo;-t- 10 G:\GROUPDA T\Construction\NOC\2006\TR 6082-5,doc :~ COpy· ') '!, 41 J'< PLEASE COMPLETE THIS INFORMATION WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 James W. FitCh" Assessor-Recorder 8A8RIHA Kern County OUloIal ecords 311812005 Reconted 11 the rollU..t of 10:37 AM Public DOC#: 0205066868 Slit Types: 1 Plges: 1 III~II 111111111 F.. 0.00 T.x. 0.00 Oth.rs 0.00 PAID $0.00 -fECORDING REQUeSTED BY ¡and for the benefit of the CITY OF BAKERSFIELD TNo _ Por_. llMOnI1r NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was comoleted on that certain ~rQject known as TRACT 6082 PHASE 6 for the undersjgned a~ncy on JUNE 3, 2004, located NORTH OF PACHECO ROAD AND EAST OF MOUNTAIN VISTA ROAD, and that said project was accepted by this agençy on MARCH 11, 2005. The undersigBed agency owns the following interest in said property described aöove: right-of-way and public improvements within the right-of-way. ) The Contractor/Developer on said. project was LENNAR BAKERSFIELD, INC., and contract number is City of Bakersfield Contract No. 03-231. Please refer to said contract number on all communications relatin~ to said contract. The address of the undersigned agency is City Hall, 1501 Truxtun Avenue, Bakerslield, California 93301. . I declare under penalty of perjury, under the laws of the State of California, that the contents herein are true and correct to the best of my knowledge. Executed on March 11,2005, at Bakersfield, California. / ~H6JA5 Public Works Director ::TY~ïl~ HA . ,ayor , G:l<ìROUPOA TlConstro<1ionIN0C\200SlTR 6082-6,"". ~. .~~~. . ~.:.~:, .~ '." ...~., .~ . .:£~ " (: 7 'j at PLEASE COMPLETE THIS iNFORMATION WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 James w. FltchR Assessor- Recorder SABRINA 9/0712006 Kern County Official ecords 2:00 PM Recorded al the request 01 Public DOC#: 0206222360 Stat Types: 1 Pages: 1 1111111111111111I11\,1 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 RECORDING REQUESTED BY 1'" '-) ~or the benefit of the ..... . Y OF BAKERSFIELD This Space For Recorder's Use Only NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was completed on that certain project known as TRACT 6082 UNIT 7.1 for the undersigned agency on JUNE 2, 2006, located NORTH OF PACHECO ROAD AND EAST 0... MOUNTAIN.VISTA ROAD, and that said project was accepted by this agency on JUNE 2, 2006. The undersigned agency owns the following interest in said property described above: right-of-way and public im'" -jvements within the right-of-way. The Contractor/Developer on said project was GMAC MODEL HOME FINANCE and LENNAR BAKERSFIELD, INC., and contract number is City of Bakersfield Contract No. 04-112. Please refer to said contract number on all communications relating to said contract. The address of the undersigned agency is City Hall, 1501 Truxtun Avenue, Bakersfield, California 93301. I declare under penalty of perjury, under the laws of the State of California, that the contents herein are true and correct to the best of my knowledge. Executed on June 2, 2006, at Bakersfield, California. ~ RAUL M. ROJAS Public Works Director By Ib :J:\GROUPDA 1\Con,lruclion\NOC\2006\TR 6082-7,doc CONTRACTOR COpy 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: LENNAR HOMES OF CALIFORNIA, INC. ATTN: GLORIA CHACON 5251 OFFICE PARK DRIVE BAKERSFIELD, CA 93309 (AUTHORIZED SIGNATURE OF CITY AGENCY) Date: 5/24/2007 Initials of Preparer: PS PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT: CITY DEPARTMENT: Public Works (Including Contract Number if Applicable) IMPROVEMENTS FOR ASSESSMENT DISTRICT NO, 01-3, MOUNTAIN VISTA AREA Fund Dept. Base Ell Obit Proiect # Invoice Number Amount Comments on check stub ¡ 071 4031 822 8041 KEA611 714,545,00 AD 01-3 MTN VISTA VOUCHER TOTAL $714,545.00 SECTION 72, PENAL CODE lion 72, Presenting False Claims, Every person who with intent to defraud, "..isents for allowance or for payment to any state board or officer, or any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony, FINANCE DEPT. USE ONLY Examined & Approved for Payment Amount C:IDocuments and SettingslpsheatslMy DocumentslAccounts PayablelAssessment District pmtslClaimvouchertemplate1111 :06 AM