HomeMy WebLinkAboutPayment 02-1 Woods
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B A K,E, R S Fl. E L 0
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Sharon Traynor, Accounting Clerk II
FROM: r Màrian l', Shaw, Civil Engineer lV~ S
DATE: August 8, 2003
SUBJECT:, ASSESSMENT DISTRICT NO. 02-1 PAYMENT REQUEST
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The City has reçeived 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 establi~hing the Acquisition
Price at actual cost. In Addition, the developer has provided the CityaMechanics lientree
endorsement as per the requirements of the Acquisition Agreement. Therefor, please find
attached the Application for Payment of improvements for Assessment District No.02-¡"
The Woods area improvements.' ' ,
Wilson and Associates was retained by the City Public Works Department to review those
applications fotpaymentfrom bond proceeds for this AssessmentDistrict.
Completêä Items as per Exhibit "A" ofthe Acquisition Agreement:
request). $329,158.03
Send $329,158.03 to:
FSl Developers, LLC
1401 Taft Hwy.,
Bakersfield, CA 93307
Attention: Ryan>Fisher
xc: »elson Smithf Assistant Finance Director
Bob Sherfy, Chief Assistant City Attorney
) .02-lreimb.doc prepared Friday, August 8, 2003 2:38PM
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CITY OF BAKERSFIELD
CLAIM VOUCHER
IVendor 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.
FSI DEVELOPERS, LLC
1401 TAFT HWY.
BAKERSFIELD, CA 93307
ATTN: RYAN FISHER
(AUTHORIZED SIGNATURE OF CITY AGENCY)
Date:
8/14/2003
CITY DEPARTMENT:
Initials of Preparer: ST
PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT:
Public Works
(Including Contract Number if Applicable)
IMPROVEMENTS FOR ASSESS DIST 02-1, THE WOODS AREA
F \f Dept.
- )
Base
Element Project ~
Invoice Number
Amount
Comments on check stub
672
4031
822
8041
KEA612
329,158.03
VOUCHER TOTAL
. ..
$32~, 158.03
SECTION 72, PENAL CODE
S )1 72, Presenting False Claims, Every person who with intent to defraud,
presents for allowance or for payment to any state board or officer, or any
county, town, city district, ward or village board or officer, authorized to allow
or pay the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony.
FINANCE D~PT. USE ONLY
~
Examined {1 Approved for Payment
Amount
MUNICIPAL BOND FINANCING
FOR LAND DEVELOPMENT
AND COMMUNITY FACILITIES
PROJECTS
Wilson & Associates
Ed Wilson
CIVIL ENGINEER
CE 23269
July 28, 2003
4221 WEST SIERRA MADRE, SUITE 201
FRESNO, CALIFORNIA 93722
OFFICE (559) 275-5445
FAX (559) 275-6613
29604A
John Stinson/Marian Shaw
Public Works Department
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Re: City of Bakersfield Assessment District No. 02-1 - The Woods Area Acquisition Payment
Processing
Dear John and Marian:
Wilson & Associates has finished our review process of the payment request for the improvements
completed in The Woods Area of Assessment District No. 02-1 ("AD 02-1"), based on the
payment request submitted by FSI Developers, LLC (the "Applicant") dated July 7,2003, and a
revised/updated payment request dated July 28, 2003 (collectively the "Application"). This letter
and recommendation for payment pertain to all improvements in The Woods Area of AD 02-1.
}
I
After reviewing said Application, we have come to the below-described conclusions and
recommendations regarding this Acquisition Payment for the improvements in The Woods Area.
Enclosed with this letter is a table entitled "Table 1, Itemized Improvements and Acquisition Costs
Approved for Payment NO.1 in The Woods Area, City of Bakersfield Assessment District No, 02-
1" ("Table I") that presents an itemized comparison of the cost of improvements to be acquired as
they were estimated and shown on Exhibit B, Table B-II-E of the AD 02-1 Final Engineer's Report
which is the acquisition amount funded by the AD 02-1 proceedings, the itemized amount p~ by
the Applicant for each item of work shown in the Application and requested for payment by the
Applicant, and in the Table 1 column entitled "Approved Payment Per This Request" the amount
for each item of work we recommend for payment to the Applicant as the AD 02-1 Acquisition
Price under Payment No.1. Also enclosed are: a copy of the Applicant's "Application and
Certificate for Payment" form, and a copy of the Applicant's spreadsheet entitled "FSI Developer,
LLC, Assessment District 02-1 Billábles" showing a detailed breakdown of each improvement and
incidental item total presented in the Application and Certificate for Payment. The below-
describedpavment is contingent upon the City's issuance of Notice of Completion for Tract No.
6066 Unit One (or finding a copy of said Notice of Completion if it has been issued already) and
the Applicant's providing the City with the appropriate "Lien Free Guarantee" (as the City has
already directed the Applicant).
John Stinson/Marian Shaw
July 28, 2003
Page Two
The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the
completed AD 02-1 The Woods Area Improvements per said Application is $329,158.03, all as
itemized on the enclosed Table I and summarized below. The following is a recapitulation of
funds recommended for payment under this Payment No. I:
Improvement Acquisition
AD 02-1
Approved
Amount
Amount
Requested
for Payment
Amount
Approved
for Payment
A. Akers Road - West Side Improvements
(Berkshire Road to south boundary of Tract No. 6066)
All Improvements and Incidentals
$ 190,828.28 $ 181,974.13 $ 163,339.13
B. Berkshire Road - South Side Improvements
(Akers Road to west boundary of Tract No. 6066)
)
All Improvements and Incidentals
$ 106,807.85 $ 114,907.75 $ 114,066.40
C. Tract No. 6066 On-site Improvements
All Improvements and Incidentals
$ 31.521.90 $ 61.752.50 $ 51.752.50
D. Totals
$ 329,158.03 $ 358,634.38 $ 329,158.03
As also described in notes on page 2 of Table I, the above-summarized amounts are based on the
following findings:
1. Items labeled "I" in Table 1 "Notes" column are the items for which payment is approved
at this time at a lesser amount than requested by the Applicant (up to the maximum amount
available for payment of all The Woods Area improvement items approved in the AD 02-1
Final Engineer's Report).
2, Item labeled "2" in Table I "Notes" column is an item 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.
3. Item labeled "3" in Table I "Notes" column is an item requested for payment in the
Application and for which payment is not approved at this time, This item was not funded
in the Final Engineer's Report and there are no funds available for payment of this item
after the approval of payment of all originally approved items and related incidental costs,
John Stinson/Marian Shaw
'\
! July 28, 2003
Page Three
4. Items labeled "4" in Table I "Notes" column are items which were not funded in the Final
Engineer's Report, but were in the originally approved scope of work for The Woods Area
of AD 02-1. These items are approved for payment per this request based on the savings in
the costs of the items funded in the Final Engineer's Report, and as agreed to by the City
Public Works Department (up to the maximum amount available for payment in The
Woods Area per Final Engineer's Report for AD 02-1).
Based on the findings described above, and in accordance with the Application and the
correspondence described on page one of this letter, it is the recommendation of our analysis that
$329,158.03 be paid and that a checkfor that amount be made payable to FSI Developers, LLC,
as a payment pursuant to this Payment No. 1 request (for all improvements in The Woods Area
of AD 02-1), but onlv after confirming that a Notice of Completion and the Lien Free
Guarantee for Tract No. 6066 Unit One have been issued
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
mw~
Ed Wilson
~
Dejan Pavié
Wilson & Associates
cc: Ryan Fisher
)
TABLE 1
ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1
IN
THE WOODS AREA
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 02-1
Item
Item Description
ENGINEER'S REPORT ESTIMATE
Unit Total
Quantity Units Cost Cost
REQUESTED FOR PAYMENT
Unit Total
Quantity Units Cost Cost
A. AKERS ROAD - WEST SIDE (Berkshire Road to South Boundary of Tract No. 6066)
a. GRADING
Roadway Excavation 3500 CY 2.00 $7,000,00 I I 3500 CY 2,00 $7,000,00 I I $7,000,00 I
TOTAL GRADING $7,000.00 $7,000.00 $7,000.00
b. STREET IMPROVEMENTS
AC Paving 865 TON 35,00 $30,275,00 865 TON 37,00 $32,005.00 $32,005,00
Aggregate Base 684 CY 23.00 $15,732,00 684 CY 26,00 $17,784,00 $17,784.00
6" Curb & Gutter 1274 LF 7,50 $9,555,00 1274 LF 8,50 $10,829,00 $10,829,00
4" Sidewalk 7007 SF 2,25 $15,765.75 7007 SF 2,25 $15,765,75 $15,765,75
TOTAL STREET IMPROVEMENTS $71,327.75 $76,383,75 $76,383.75
c. MISCELLANEOUS IMPROVEMENTS
6' Block Wall (with 0'-3' Ret.) I 1274 LF 70.00 $89,180,00 I I 1274 LF 44,66 $56,895,00 I I $56,895,00 I
TOTAL MISCELLANEOUS IMPROVEMENTS $89,180.00 $56,895.00 $56,895.00
d. SUBTOTAL IMPROVEMENT COST $167,507.75 $140,278.75 $140,278.75
e. CONSTRUCTION CONTINGENCY $0.00 $0.00 $0.00
f. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY $167,507,75 $140,278,75 $140,278.75
g. INCIDENTAL COST
Design Engineering $11,595.00 $11,595,00 $11,595,00
Improvement Bonds $0.00 $18,635,00 $0,00 3
Construction Staking $8,375,38 $8,375.38 $8,375,38
Soils and Materials Testing and Report $3,350,15 $3,090.00 $3,090,00
Contractor Supervision and Overhead $0,00 $0,00 $0,00
Plan Check Fees $0,00 $0,00 $0,00
Construction Inspection Fees $0,00 $0,00 $0,00
TOTAL INCIDENTAL COST $23,320.53 $41,695.38 $23,060.38
h. TOTAL AKERS ROAD IMPROVEMENTS, $190,828.28 $181,974.13 $163,339.13
CONTINGENCY, AND INCIDENTALS
B. BERKSHIRE ROAD - SOUTH SIDE (Akers Road to West Boundary of Tract No, 6066)
a. SEWER IMPROVEMENTS
6" Sewer Main
Standard Manhole (9'-12' deep)
Remove Plug & Tie In
TOTAL SEWER IMPROVEMENTS
b. STREET IMPROVEMENTS
AC Paving
Aggregate Base
6" Curb & Gutter
4" Sidewalk
TOTAL STREET IMPROVEMENTS
1225 LF
6 EA
1 EA
10,00
1850,00
350,00
$12,250.00
$11,100.00
$350.00
$23,700,00
1225 LF 12.00 $14,700,00
6 EA 1800,00 $10,800,00
1 EA 500,00 $500,00
$26,000.00
812 TON 37,00 $30,044,00 $30,044,00
641 CY 26.00 $16,666.00 $16,666.00
1353 LF 8.50 $11,500.50 $11,500,50
7442 SF 2.25 $16,744.50 $16,744.50
$74,955.00 $74,955.00
$100,955.00 $100,955.00
$0.00 $0.00
$100,955.00 $100,955.00
$6,490,00 $6,490,00
$0,00 $0,00
$4,687,75 $4,687,75
$2,775,00 $1,933,65
$0,00 $0,00
$0,00 $0,00
$0.00 $0,00
$13,952.75 $13,111.40
$114,907,75 $114,066.40
812
641
1353
7442
TON
CY
LF
SF
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 Supervision and Overhead
Plan Check Fees
Construction Inspection Fees
TOTAL INCIDENTAL COST
g. TOTAL BERKSHIRE ROAD IMPROVEMENTS,
CONTINGENCY, AND INCIDENTALS
35,00
23,00
7,50
2,25
$28,420,00
$14,743,00
$10,147,50
$16,744,50
$70,055.00
$93,755.00
$0,00
$93,755.00
29604A.WK4
$6,490,00
$0,00
$4,687,75
$1,875,10
$0,00
$0,00
$0,00
$13,052.85
$106,807.85
07/28/2003
TABLE 1
ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1
IN
THE WOODS AREA
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 02-1
Item
Item Description
ENGINEER'S REPORT ESTIMATE
Unit Total
Quantity Units Cost Cost
REQUESTED FOR PAYMENT
Unit Total
Quantity Units Cost Cost
C. TRACT NO. 6066 ON-SITE IMPROVEMENTS
a. GRADING
Sump Excavation (cut)
Sump Excavation (import sand)
TOTAL GRADING
b. STORM DRAIN IMPROVEMENTS
24" Storm Drain Pipe
Manhole
Outlet Structure
TOTAL STORM DRAIN IMPROVEMENTS
c. MISCELLANEOUS IMPROVEMENTS
Chain Link Fence wlredwood slats
and 6" x 18" concrete footing)
Gates (14' opening with post lock)
TOTAL MISCELLANEOUS IMPROVEMENTS
d. SUBTOTAL IMPROVEMENT COST
e. CONSTRUCTION CONTINGENCY
f. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY
o CY
o CY
80 LF
1 EA
1 EA
30.00
2200.00
1500.00
850 LF
1 PAIR
g. INCIDENTAL COST
Design Engineering
Improvement Bonds
Construction Staking
Soils and Materials Testing and Report
Contractor Supervision and Overhead
Plan Check Fees
Construction Inspection Fees
TOTAL INCIDENTAL COST
h. TOTAL TRACT NO. 6066 ON-SITE
IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS
2,00
10,00
$0,00
$0,00
$0,00
1&4
4
9,000,00 CY
1,000.00 CY
$18,000,00
$20,000,00
$38,000.00
2,00
20,00
$2,400,00
$2,200,00
$1,500,00
$6,100.00
80 LF 30,00 $2,400,00
1 EA 2000,00 $2,000,00
1 EA 2500,00 $2,500,00
$6,900.00
516 LF 24,00 $12,384,00
1 PAIR 1170 $1,170,00
$13,554.00
$58,454.00 $48,454.00
$0,00 $0,00
$58,454.00 $48,454.00
$1,915,00 $1,915.00
$0,00 $0.00
$1,383.50 $1,383.50
$0.00 $0.00 2
$0.00 $0.00
$0.00 $0.00
$0,00 $0,00
$3,298.50 $3,298.50
$61,752,50 $51,752.50
24,00
1170
$20,400,00
$1,170.00
$21,570.00
$27,670.00
$0.00
$27,670.00
$1,915,00
$0,00
$1,383,50
$553.40
$0,00
$0,00
$0,00
$3,851,90
$31,521,90
D. TOTAL THE WOODS AREA (TRACT NO. 6066) IMPROVEMENT COST (Add Items A, B, and C)
a, IMPROVEMENTS
b, CONTINGENCY
c. INCIDENTALS
d, TOTAL THE WOODS AREA (TRACT NO, 6066) IMPROV. COST
$288,932,75
$0,00
$40,225,28
$329,158.03
$299,687,75
$0,00
$58,946,63
$358,634.38
$289,687,75
$0,00
$39,470.28
$329,158.03
E, RECAPITULATION
a. TOTAL APPROVED FOR PAYMENT PER FINAL ENGINEER'S REPORT
b. TOTAL APPROVED FOR PAYMENT NO, 1 (PER THIS REQUEST)
c. TOTAL FUNDS AVAILABLE FOR PAYMENT AT A LATER DATE
$329,158.03
$329,158.03
$0.00
NOTES:
1. Items for which payment is approved at this time at a lesser amount than requested (up to the maximum amount available for payment of all items approved
in the Final Engineer's Report),
2. Item funded in the Final Engineer's Report for which no payment is requested at this time and for which no payment will be requested at a later date, as confirmed
by FSI Developers, LLC,
3, Item not funded in the Final Engineer's Report for which payment is not approved at this time due to insufficient funds, after the approval of payment for the items
which were approved in the Final Engineer's Report,
4, Items which were not funded in the Final Engineer's Report, but were in the originally approved scope of work for The Woods Area of AD 02-1. These items
are approved for payment per this request based on the savings in the costs of the items funded in the Final Engineer's Report (up to the maximum amount
available for payment in The Woods Area per Final Engineer's Report for AD 02-1),
29604AWK4
2
07/28/2003
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SMITHTECH USA
Fax:6613278493
Jul 28 2003 11:59
P.02
APPLICATION AND CERTIFICATE FOR PAYMENT
TO: (OWNER) fSI J)evelopm, LLC PROmCT: AssessMent District No. 02-1 - TIlE WOODS
1401 Taft lfighway
BakeJ:s:fieldt CA 93307
CONTRACtOR.: PSI Developers, LLC
ATTENTION: Marian Shaw
City of Bakersfield
15011'ruxtun Ave.
:Baket$ñeld, CA 93306
OWNER'S APPLICATION FOR PA YMENf
In accordance with the Acquisition Agmmlent, application tòr pa)1IIOtIt is made fur the fbllowiøg items ()fwork:
(SEE BlLLABL£S RBPORT FOR DESCRIPTION OP ITEMS BELOW)
Illd No. 60" Off Site lmøroveaents
(Akers Road - West Side)
GRADING: (roadwayexcavatìon) $, 7 ~..O.OO
STREET IMPROVEMENTS:
AC PAVING S 32,005.00
AOOIŒOA T:E lJASJ¡: 17,184.00
6" CURB & GurrER 10,829.00
4" SIDEWALK 15,765.75
6" BLOCK 'II ALL (with 0'·)' tel.) 56.895.00
S 133,278.7S
INCIDENTIAL COSTS:
DESIGN ENGINEERING S 11,595.00
lMPR.OVEMENT BONDS lS,635.00
CONSTRUCTION STAKING 8,375.38
SOILS &: MATERIALS TESTING AND REPORT 3.090.00
$ 41,"5.31
(Berli:sbiÞ Road - Seatb Side)
S,EWER IMPROVEMENTS:
6'· SEWER MAIN $ 14,700.00
STANDARD MANHOLE 10,800.00
REMOVE PLUG &: TIE IN SOO.OO
S %6,000.00
STREET IMPROVEMENTS:
AC PAVING $ 30,044.00
AGGIŒGA TE BASE 16,666.00
6'~ CURB &; GUTTER 11,500.50
4" SIDEWALK J6.744jg
$ 74,955.00
INClnBNTIAL COSTS:
DESIGN BNGINEERING $ 6,490_00
, CONSTRUCTION STAKING 4,687.75
SOILS &: MA TE.RIALS TESTING AND REPORT 2.775.00
S 13,95%. 7S
Pace 1 of 2
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SMITHTECH USA
Fax:6613278493
Jul 28 2003 11:59
P.03
\
Traet No. 6066 OD Slù Imørovemnts
GRADING:
SUMP :EXCA V A TION (cut)
SUMP EXCA V A nON (import sand)
STORM DRAIN IMPROVEMENTS:
24" STORM DRAIN PIPE
MANHOLE
ounnT STR.UC'l1Jl.Œ
MISCELLANEOUS IMPROVEMENTS:
CßAlN LINK FENCE (w/redwood slats and
6"xU" concrete fuoting)
14' GATE (w/postlock)
TOT AL COSTS AS APPROVED IN
fINAL ENOlNEER'S REPORT
$ 18,000.00
20.000.00
S 38,000.00
S 2,400.00
2,000.00
2.500.00
S 6300.00
$ 12.384.00 .
1.170.00
S 13,554.00
$ 1,915.00
1.383.50
S 3,2'8.50
S 358.634.1&
t 329.158..03.
IN'ClDENTlAL COSTS:
PESION ENGINEBlUNG
CONSTRUCTION STAKING
TOTAL ACTIJAL COSTS
TOTAL PAYMENT APPLICATION AMOUNT S 329.158.03
Th!..ftbove items of work are IOOOÁt complete.
Thl.'! above amounts are the actual oor.ts lot each item of wodc Il!I outlined m Elhibit B ngineer's Re art)
ENG1NEE:R~ CERTIFICATE FOR PAYMENT
Inaccordançe with tbe Contraçt Document, based on Oö-site AMOUNT ŒR.TlfIED........ $ 329,158.03
observations and the data coDlptising the above application,
the Engineer certifie& to the Owner that the Work has
p(ogtessed to the point indicated; that to the best ofbis
knowledge. intOnnation and belief, the quality oftbe work
is in IlCCOrdance with the Contract Doçuments, and that the ~
Contractor is entidcd to payment of the AMOUNT CER1'lFIBD.~7 ~
By~ ~ate 7- .z8"-',$
bert E. SJJlith, Lie. # 3 473
OWNER'S CERTIFICATION
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fSl Developers, LLC
Pale 2 of :z
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Fal Dav..o.... LLC
A....."'"' ÐIatrict 02-1 BIl18b....
. ... .... -,
Unit Prk:e $ Dlff8(f l\J EIlIøMIon S
E.tllT\lle ActuII eltinlte ACtUII
0 $2.QO $2.00 0 $7,000.00 $7.000.00 0 Tunn8l\ 5329
TON 86& eea 0 135.00 537.00 52.00 $3&,275.00 $32,005.00 '1.730.00 Turmsn 50458
CY eB4 884 0 $23.00 $26.00 $3.00 $15,732.00 $17,784.00 $2,052.00 TIJfTIlIn 5458
lf 1274 127<4 0 $7.50 $UO $1.00 $9,555.DO $10,i2Ø.DO $1,274.00 Tunmm 53S4
SF 7007 7007 0 $2.25 $2.25 0 $15,765.75 $15.765.75 0 Tunnan 5458
6' BIoc:k Wall (with I)'-a' Ret,) LF 1274 1174 0 $70.00 $46.86 ($23.35) $119,180,0(1 $58.895.00 {S32.285.00} Baller MI5OI'lIY t&
g. INCIDENTAL COSTS
Oetlgn EngIneering $11,695.00 $1'1,586.00 0 Sm1thTeçtl tI6
Improvement Benda 0 $1!,635.00 $18,636.00 Wftson&PlM!lI M270
ConlIN" Staking 118,375.38 $8,375.38 0 SmllhTeclt 86
Selll and MiItIrtIla T.t1"9 and Report $3.350.15 $3,090.00 ($2S0.15) Knø:., .
B. BERKSHØŒ ROAD .IOUTH SIDE ( Alœ... Road to West Boundary of Trlct No. lOllS )
a. SewER IMPROVEMENTS
6" Sewer MaIn LF 1225 1225 0 $'10,00 $12.00 $2.00 $12,250.00 $14.700.00 $2,450..00 TlIII1lan 5329
Standard Matlho1e eA 6 6 o 11.850.00 111,800.00 (~.OO) $11,100.00 $1Q,8OO.oo ($3DD.00) Turman 5329
RenllMt plug 11 Tie In EA 1 1 0 $350.00 1500.00 $150.00 S350.oo $500,00 $150.00 Turrnllfl 5329
b. STREET iMPROVEMENTS
AC pamg TON 812 812 11 $36.00 $37.00 $2,00 $2.8,<420,00 $30,044.00 $1,824.00 Turmln 545&
Ai ¡legalll Bue CY 841 641 0 $23.QO $26.00 $3.00 $14,743.00 $16,_.00 $1.923_00 T WITllIn 5458
sn Curb & Gutter L.F 1363 1353 0 $7.50 $8.50 $1.00 $10,147.50 $11.500,50 $1.353.00 Turmen 5354
4" Sidewalk SF 7442 1442 0 $2.25 $2.25 0 $18,744.50 $16.7~,50 0 T\J1m8l\ 5458
f. INCENDENT Ai. COSTS
OeIign Enaineerlng $8,-49ll.00 $6,490.00 0 SmllhTeçh t 6
"~RG-"-''''''''''-'' .... . ~ ... .. ~- . .. ,. $4.887.15 $4,687.75 0 SmilhTech #6
Sollunå MI1l8rta1t Tl!lItlngand Report . -. .. . .. .. , - ,... . ..·$1';87B;10'..·.... - 52;11500" - ..$Ø99,9Q--l<rlZlm -. .....,. ^
. = Involce#02'81413-6421-P
A ...Invoice # 0281866-&421
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Omt PñClt r Oilf'erenJ Extension
0eI~- I unAII I Eatlm&t8 AdIJIIA IMlll'4lIlœI Et&n8te Actuat EItiNtte þ,r;tu81
c. TRÄÇy Ño~_ oN-slTE IMPROVEI!IÉNtS
··å. GlWJING.... '- . . , . . ... ..... .-. . ...... .
Sump ElatnIIlon ( cui ) Cy 0 9ClOO 9000 $2.00 $2.00 if o ,. . , $18.000:00 $18;000.00 Tunnen' , . 5329
Sump exr:awüon ( ImpaIt land ) CY 0 1000 1000 $10,00 $20.00 $10,00 Q S20.DOQ,lIO $20.000.00 TURnlll'l 5329
b. STORM DRA¡N IMPROVEMENTS
24~ StŒn oflÏn ~~ Lf eo 80 0 $30'.00 $30.00 0 $2,400.00 t2.4ØQ·oø 0 TlJmNln 5354
Manl'lol8 EA 1 1 0 $2.200.00 $2,000.00 ($201).00) $2.100.00 52.000,00 ($20IUlO) TlIJTI!Iß 5354
Outlel Strudure 1 1 0 $1.500,00 $2.500.00 $1.000.00 $1.!iOO.00 $2.500.00 S1.0a0.OC Turmll'l 5354
c, MfSCEl.lANEOUS IMPROVEMENTS
ChIil Link F..u:ewfhldwood 81118 Lf 850 518 334 $2.,00 $2<4.00 0 120.400,00 $12,384.00 ($&.018.00) Allv. Fence & , fi64( 8
IIId 6" lC 18" concrete footing Southern Vllley .10940
Cone.
wf14' gate wIpoeBock PAIR , 1 0 $1.170.00 $1,170.00 0 $1. 170.QO $1,170.00 [) /ltIJI¡. Filice tl6408
g. INCICENTAL COSTS
OeIign Enginelrlng $1.915.00 $1,915.00 0 Smilhlecb .
Call1lrur;\lQn StaIcing $1,383.50 $1.383,54) I) Smllhlech f6
Solla and M8leri81s Testing and Report $553.40 $0.00
TOTALS $3Z1,158.0~ S3S8,aU8 S28,47U5
~(Q)[P)W
James Fitch, Assessor-Recorder
Kerñ County OffiCial Reçords
Rlcord81l at Ih. requI" 01
Public
DOC#: 0203110101
CHEATWOA
8/04/2003
9:55 AM
PLEASE COMPLETE THIS INFORMATION
\
lECORDING REQUESTED BY
and for the benefit of the
CITY OF BAKERSFIELD
WHEN RECORDED MAIL TO:
, 1~lllmlllllllll
fel'
TlxlS
Others
PAID
Peges: 1
0.00
0.00
0.00
$0.00
Stat Types: 1
CITY OF BAKERSFIELD
CITY CLERK
1501 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
This Spaœ '0' _onle~. UN OnIv
NOTICE OF COMPLETION
AND
ACCEPTANCE OF WORK
(Work Within Public Right-of-Way)
NOTICE IS GIVEN that work was comRleted on that certain prolect known as TRACT 6066 PHASE
1, for the undersigned agency on MAY 23, 2003, located WEST OF AKERS ROAD AND SOUTH OF
BERKSHIRE ROAD, ana that said project was accepted by this agency on MAY 30, 2003. The
~ndersigned agE!nçy own!? the following interest in said property describeö above: right-of-way and public
Improvements Within the right-of-way.
) The Contractor/Developer on said project was FSI DEVELOPERS, LLC, and contract number is
~ity of Bakersfield Contract No. 02-252. prease refer to said contract number on all communications
relating to said contract. The address of the undersigned agency is City Hall, 1501 Truxtun Avenue,
Bakersfield, California 93301.
I declare under penalty of perjury, under the laws of the State of California, that the contents herein
are true and correct to the best of my knowledge.
Executed on May 30, 2003, at Bakersfield, California.
RA~6JA5 ---
Public Works Director
By
)
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James Fitch. Assessor - Recorder
Kern County Official Records
Rmll1lud IIllhø røqUBSI 01
First American Title
P.02
CHEATWOA
512312003
12:07 PM
JAN-07-1900 06:02
,
\
RECOR91~ ~~ESI'ED BY
F~~~erican Tille Company
AND WHEN RECORDED MAIL TO:
DOC#: 0203101562
Sblt TypO$; 1 hglS: 2
FSI DEVELOPERS, LLC.
1401 TAFT HIGHWAY
BAKERSFIELD, q. 93307
I III IIU 1111111
Fees
Taxes
Otlunt
PAlO
10.00
0.00
0.00
510.00
SP*Ot Allow Thiî& Un. fVI' RøconIør's Use Only
A.P.N.: 515-040-'1)3-00- 3 (Portion)
ACCOMODATION lEiIi>No.: 37809M
NOlICEOFOOMPL~ON
NOTICE IS HERE~ GIVEN THAT:
The undersigned is OWNER or agent of the OWNER of the interest: or estate below, in the property hereinafter
described.
The FULL NAME of the OWNER is F51 DEVELOPERS, LLC.
The FULL ADDRESS Of the OWNER is 1401 TAFT HIGHWAY, BAKERSF1RD, CA 93307
The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee.
The FUll. ~MI$ ~nd RJLl. ADDRESSES Of ALl. PERSONS, jf any, WHO HOlD SUCH INTEREST or ESTATE with
the undersigned; as:JOINT ~ or TENANTS IN COMMON are:
'NAMES ADDReSSES
N'ÐN"E-
The full names and full address of the predecessorS in inœrest of the undersigned if the property was transferred
subsequent to the commencement of the work of improvement herein I efe:rred In:
NAMES ADDRßSES
N O:N;E-
, ,
A work of improvement on the property hereinafter described wæ¡ Q .. .zDO ~
The work gfîmp:' co eIed is described as follows: ,
ri/Ì< ' -r r4, r..A- lIù - .£L
The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Tt-... ~
W.., s~,-·fro~
The street address Of said property is IlJ tr MPLt (.,.,~
The property on ~ich said work of improvement was completed is ill the City of BAKERSFIELD, County
of KERN, State:of (:A, and is described as follows;
Trtu.-+ It!Of.Jl!tl - P ~ L '(OFFSITE AND ONSITE IMPROVEMEN'¡S)
Page 1 gf 1
JAN-07-1900 06:03
'\ .~
Date and Place
P.03
(SignaIuN d Owner 01 Agent. d 0IIIner)
Verïflcatïon for ]jNDIVIDUAL owner, I, the undersigned, dedare under penalty Of perjury under the laws Of the
State Of Califbrn~a ~ I am the owner fA the afOresaid interest or estate in the property described in the abOve
notice; that I have read said notice, that I knOw and underStand tent thereof, and that tt1e facts stated
therein are true and coJTeCt.
~~S/ö3 ßv~
I'lllœ and ~'. J
: I
verification. for NoN-INDMDUAL owner; I, the undersigned, deClare under penalty of perjury under the laws of
the State 0( Callfpr11ia that I am the , rl1tte owner d the aforesaid intereSt or estate in the ptoperty described in .
the above Rotiœ; tÞat I have read said notice.- that I know and nd the content thereot,and that the facŒ
stated therein a~ t;rue and correct.
)
page z tß 2
TOTAL P.03
First American Title
4540 California Avenue, Suite 100
Bakersfield, CA 93309
August 1, 2003
John Stinson
City of Bakersfield, Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Title Officer:
Phone:
Tony Damo
(661) 327-5311
Order Number:
KER-95919
Escrow Number:
KER-95919
Property:
No Site Address
Bakesfield, CA
Attached please find the following item(s):
Guarantee
Thank You for your confidence and support. We at First American Title Compa'ny maintain the
fundamental principle:
Customer First!
First American Title
Form 9 (6/6/92)
Order Number: KER-95919
CL T A Mechanic's Uen Guarantee
Page Number: 1
GUARANTEE
UABIUTY:
FEE:
$5,000.00
$150.00
ORDER NO.:
YOUR REF:
KER-95919
None
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.
UABIUTY 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: July 22, 2003 at 7:30 A.M.
First American Title
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 2
SCHEDULE A
MECHANIC'S LIEN 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 subsequent to July 22, 2003, 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:
ALL OFF-SITE IMPROVEMENTS LOCATED IN:
LOTS 1 THROUGH 61, INCLUSIVE, OF TRACT 6066, UNIT ONE, IN THE CIlY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED SEPTEMBER 10, 2002 IN
BOOK 48, PAGES 179, 180 AND 181 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND
MINERALS WITHIN OR UNDERLYING SAID LAND OR WHICH MAY BE PRODUCED AND SAVED
THEREFROM; PROVIDED, HOWEVER, GRANTOR HEREIN, HER SUCCESSORS AND ASSIGNS,
SHALL NOT CONDUCT DRILLING OR OTHER OPERATIONS UPON THE SURRFACE OF SAID LAND.
NOTHING HEREIN CONTAINED SHALL BE DEEMED TO PREVENT GRANTOR, HER SUCCESSORS
AND ASSIGNS FROM EXTRACTING OR CAPTURING SAID MINERALS, OIL, GAS AND
HYDROCARBONS BY DRILlLNG ON ADJACENT OR NEIGHBORING LANDS AT A DEPTH OF 500
FEET OR MORE BELOW THE SURFACE OF SAID LAND SO AS NOT TO DISTURB THE SURFACE
THEREOF OR ANY IMPROVEMENTS THEREON, AS RESEVED BY ANGIE DELFINO, ALSO KNOWN
First American Title
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Uen Guarantee
Page Number: 3
AS ANGELA DELFINO, A WIDOW, IN DEED RECORDED MAY 4,2000 AS DOCUMENT NO.
0201060996 OF OFFICIAL RECORDS.
APN: 515-040-13
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
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 4
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurance are provided in Schedule A of this Guaranteef the Company assumes no liability for loss or damage by
reason of the following:
(a) Defectsf Iiensf encumbrancesf adverse claims or other matters against the titlef 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; orf (2) Proceedings by a public agency which
may result in taxes or assessments, or notices of such proceedingsf 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 rightsf claims or title
to waterf whether or not the matters excluded under (l)f (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurance which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by
reason of the following:
(a) Defectsf liens, encumbrancesf 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 Guaranteef or title to streets, roadsf avenuesf lanesf ways or waterways to which such
land abutsf or the right to maintain therein vaultsf tunnelsf rampsf or any structure or improvements; or any rights or easements thereinf unless such
property, rights or easements are expressly and specifically set forth in said description.
(b) Defects, Iiensf encumbrancesf adverse claims or other mattersf whether or not shown by the public records; (1) which are createdf sufferedf
assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential
invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validityf legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDmONS AND SllPULATIONS
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 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 2f and improvements affixed thereto which by law constitute real property.
The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any rightf title,
interestf estate or easement in abutting streetsf roadsf avenuesf alleysf lanesf ways or waterways.
(c) "mortgage": mortgagef deed of trustf trust deedf 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 interestf as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of
this Guarantee. If prompt notice shall not be given to the CompanYf then all liability of the Company shall terminate with regard to the manner or
matters for which prompt notice is required; providedf howeverf that failure to notify the Company shall in no case prejudice the rights of any Assured
under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a partyf notwithstanding the nature of any
allegation in such action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the rightf at its sole option and costf to institute and prosecute any action or proceedingf interpose a defensef as limited in
(b)f or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated hereinf 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 Guaranteef whether or not it shall be liable hereunderf and shall not thereby concede liability or waive any provision of this
Guarantee. If the Company shall exercise its rights under this paragraphf it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to
the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other
counself nor will the Company pay any feesf 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 provisions of this Guaranteef the Company may
pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the rightf in its sole discretionf 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 proceedingf an Assured shall secure
to the Company the right to so prosecute or provide for the defense of any action or proceedingf and all appeals therein, and permit the Company to
usef at its option, the name of such Assured for this purpose, Whenever requested by the CompanYf an Assuredf at the Company's expensef shall give
the Company all reasonable aid in any action or proceedingf securing evidencef obtaining witnessesf prosecuting or defending the action or lawful act
which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated hereinf 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.
First American Title
, ,
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 5
5. Proof of Loss Damage.
In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss
or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss
or damage and shall statef to the extent possiblef 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 damagef the Company's obligation to such Assured under the Guarantee shall tenninate.
In additionf the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall
produce for examinationf inspection and copyingf at such reasonable times and places as may be designated by any authorized representative of the
CompånYf all recordsf booksf ledgersf checksf correspondence and memoranda, whether bearing a date before or after Date of Guaranteef which
reasonably pertain to the loss or damage. Furtherf if requested by any authorized representative of the CompanYf the Assured shall grant its
pennissionf in writing, for any authorized representative of the Company to examinef inspect and copy all recordsf booksf ledgersf checksf
correspondence and memoranda in the custody or control of a third partyf which reasonably pertain to the loss damage. All infonnation designated as
confidential by the Assured provided to the CompanYf pursuant to this Section shall not be disclosed to others unlessf in the reasonable judgment of
the CompanYf it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oathf produce other reasonably
requested information of grant pennission to secure reasonably necessary information from third parties as required in the above paragraphf unless
prohibited by law or governmental regulationf shall tenninate any liability of the Company under this Guarantee to the Assured for that claim.
6. Options to Payor OthelWise Settle Claims: Termination of Liability.
In case of a claim under this Guaranteef 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 Guaranteef 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 Iienholderf the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing
thereonf together with any costsf reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up
to the time of purchase. ,
Such purchasef payment or tender of payment of the full amount of the Guarantee shall tenninate all liability of the Company hereunder. In the event
after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtednessf the owner of such
indebtedness shall transfer and assign said indebtednessf together with any collateral securityf 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 damagef other than to make the payment required in that paragraphf shall tenninatef 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 settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guaranteef together with
any costsf 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 Paragraph (b) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damagef other than to make the payment required in that paragraphf shall tenninatef including any obligation to continue the defense
or prosecution of any litigation for which the Company has exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss
or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein describedf and subject to the Exclusions
From Coverage of This Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgageef as limited or provided under Section 6 of these
Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulationsf at the time the loss or damage Assured against by this
Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any
defectf lien or encumbrance Assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the titlef or removes the alleged defectf lien or encumbrancef or cures any other matter Assured against by this
Guarantee in a reasonably diligent manner by any methodf including litigation and the completion of any appeals therefromf 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 consentf the Company shall have no liability for loss or damage until there has
been a final detennination by a court of competent jurisdictionf and disposition of all appeals therefrom, adverse to the titlef 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 payments 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 Stipulationsf the loss or damage
shall be payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guaranteef all right of subrogation shall vest in the Company unaffected by any
act of the Assured claimant.
First American Title
" ,
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 6
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 CompanYf the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to suef
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 principalf interestf and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not limited tOf any controversy or claim between the Company and the
Assured arising out of or relating to this Guaranteef any service of the Company in connection with its issuance or the breach of a Guarantee provision
or other obligation. All arbitrable matters when the Amount of Liability is $lfOOOfOOO 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 $lfOOOfOOO shall be arbitrated only when agreed to by both the
Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if
the laws of the state in which the land is located permits a court to award attomeys' fees to a prevailing party. Judgment upon the award rendered by
the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract.
(a) This Guarantee together with all endorsementsf if anYf 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 negligencef or any action asserting such c1aimf shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the
Presidentf a Vice President, the Secretaryf and Assistant Secretaryf 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
Guarantee and shall be addressed to the Company at 2 First American WaYf Bldg 2f Santa Anaf Californiaf 92707.
First American Title
I
(
\.
First American Title
4540 California Avenue, Suite 100
Bakersfield, CA 93309
August 1, 2003
John Stinson
City of Bakersfield, Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Title Officer:
Phone:
Tony Damo
(661) 327-5311
Order Number:
KER-95919
Escrow Number:
KER-95919
Property:
No Site Address
Bakesfield, 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 First!
First American Title
, ,
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 1
GUARANTEE
liABILITY :
FEE:
$5,000.00
$150.00
ORDER NO.:
YOUR REF:
KER-95919
None
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.
liABIUTY EXCLUSIONS AND liMITATIONS
1. No guarantee is given nor liability assumed with respect to the identity of any party named or
referred to in Schedule A or with respect to the validity, legal effect or priority of any matter
shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the
Assured because of reliance upon the assurances herein set forth, but in no event shall the
Company's liability exceed the liability amount set forth above.
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this
guarantee. If you wish additional liability, or assurances other than as contained herein, please contact
the company for further information as to the availability and cost.
Dated: July 22, 2003 at 7:30 A.M.
First American Title
, ,
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 2
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 subsequent to July 22, 2003, 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:
ALL OFF-SITE IMPROVEMENTS LOCATED IN:
LOTS 1 THROUGH 61, INCLUSIVE, OF TRACT 6066, UNIT ONE, IN THE CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CAliFORNIA, AS PER MAP RECORDED SEPTEMBER 10, 2002 IN
BOOK 48, PAGES 179, 180 AND 181 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND
MINERALS WITHIN OR UNDERLYING SAID LAND OR WHICH MAY BE PRODUCED AND SAVED
THEREFROM; PROVIDED, HOWEVER, GRANTOR HEREIN, HER SUCCESSORS AND ASSIGNS,
SHALL NOT CONDUCT DRILliNG OR OTHER OPERATIONS UPON THE SURRFACE OF SAID LAND.
NOTHING HEREIN CONTAINED SHALL BE DEEMED TO PREVENT GRANTOR, HER SUCCESSORS
AND ASSIGNS FROM EXTRACTlNG OR CAPTURING SAID MINERALS, OIL, GAS AND
HYDROCARBONS BY DRIliLNG ON ADJACENT OR NEIGHBORING LANDS AT A DEPTH OF 500
FEET OR MORE BELOW THE SURFACE OF SAID LAND SO AS NOT TO DISTURB THE SURFACE
THEREOF OR ANY IMPROVEMENTS THEREON, AS RESEVED BY ANGIE DELFINO, ALSO KNOWN
First American Title
, ,
)
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 3
AS ANGELA DELANO, A WIDOW, IN DEED RECORDED MAY 4,2000 AS DOCUMENT NO.
0201060996 OF OFACIAL RECORDS.
APN: 515-040-13
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
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 4
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurance are provided in Schedule A of this Guaranteef the Company assumes no liability for loss or damage by
reason of the following:
(a) Defectsf Iiensf encumbrancesf adverse claims or other matters against the titlef 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; orf (2) Proceedings by a public agency which
may result in taxes or assessmentsf or notices of such proceedingsf 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 rightsf claims or title
to waterf whether or not the matters excluded under (l)f (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurance which are provided in Schedule A of this Guaranteef the Company assumes no liability for loss or damage by
reason of the following:
(a) Defectsf Iiensf encumbrancesf 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)f (C) or in Part 2 of this Guaranteef or title to streetsf roadsf avenuesf lanesf ways or waterways to which such
land abutsf or the right to maintain therein vaultsf tunnels, rampsf or any structure or improvements; or any rights or easements therein, unless such
propertyf rights or easements are expressly and specifically set forth in said description.
(b) Defects, Iiensf encumbrances, adverse claims or other mattersf whether or not shown by the public records; (1) which are createdf sufferedf
assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential
invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validityf legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
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 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 2f 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 2f nor any rightf titlef
interest, estate or easement in abutting streetsf roadsf avenuesf alleysf lanesf ways or waterways.
(c) "mortgage": mortgagef deed of trustf trust deedf 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 interestf as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of
this Guarantee. If prompt notice shall not be given to the CompanYf then all liability of the Company shall terminate with regard to the manner or
matters for which prompt notice is required; providedf howeverf that failure to notify the Company shall in no case prejudice the rights of any Assured
under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a partyf notwithstanding the nature of any
allegation in such action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the rightf at its sole option and costf to institute and prosecute any action or proceeding, interpose a defensef as limited in
(b)f or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated hereinf or to
establish the lien rights of the Assuredf or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under
the terms of this Guaranteef whether or not it shall be liable hereunderf and shall not thereby concede liability or waive any provision of this
Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to
the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other
counself 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 provisions of this Guarantee, the Company may
pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the rightf in its sole discretionf 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 proceedingf an Assured shall secure
to the Company the right to so prosecute or provide for the defense of any action or proceedingf and all appeals thereinf and permit the Company to
usef at its optionf the name of such Assured for this purpose. Whenever requested by the CompanYf an Assuredf at the Company's expense, shall give
the Company all reasonable aid in any action or proceeding, securing evidencef obtaining witnessesf prosecuting or defending the action or lawful act
which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated hereinf 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 shall terminate.
First American Title
, .
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 5
5. Proof of Loss Damage.
In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the CompanYf a proof of loss
or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss
or damage and shall statef to the extent possiblef 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 damagef the Company's obligation to such Assured under the Guarantee shall terminate.
In additionf the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall
produce for examinationf inspection and copyingf at such reasonable times and places as may be designated by any authorized representative of the
CompånYf all recordsf booksf ledgersf checksf correspondence and memorandaf whether bearing a date before or after Date of Guaranteef which
reasonably pertain to the loss or damage. Furtherf if requested by any authorized representative of the CompanYf the Assured shall grant its
permissionf in writing, for any authorized representative of the Company to examinef inspect and copy all records, booksf ledgersf checksf
correspondence and memoranda in the custody or control of a third partyf which reasonably pertain to the loss damage. All information designated as
confidential by the Assured provided to the CompanYf pursuant to this Section shall not be disclosed to others unlessf in the reasonable judgment of
the CompanYf it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably
requested information of grant permission to secure reasonably necessary information from third parties as required in the above paragraphf unless
prohibited by law or governmental regulationf shall terminate any liability of the Company under this Guarantee to the Assured for that claim.
6. Options to Payor Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guaranteef 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 Guaranteef 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 Iienholderf 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 costsf reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up
to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event
after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtednessf the owner of such
indebtedness shall transfer and assign said indebtednessf together with any collateral securityf to the Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the payment required in that paragraphf shall terminatef including any obligation to continue the defense
or prosecution of any litigation for which the Company has exercised its options under Paragraph 4f 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 settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guaranteef 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 Paragraph (b) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damagef other than to make the payment required in that paragraphf shall terminatef including any obligation to continue the defense
or prosecution of any litigation for which the Company has exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss
or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein describedf and subject to the Exclusions
From Coverage of This Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgageef as limited or provided under Section 6 of these
Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulationsf at the time the loss or damage Assured against by this
Guarantee occursf together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any
defectf lien or encumbrance Assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defectf lien or encumbrancef or cures any other matter Assured against by this
Guarantee in a reasonably diligent manner by any methodf including litigation and the completion of any appeals therefromf 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 consentf the Company shall have no liability for loss or damage until there has
been a final determination by a court of competent jurisdictionf and disposition of all appeals therefromf adverse to the titlef 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 Guaranteef except payments made for costsf 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 destroyedf 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 Settlement.
Whenever the Company shall have settled and paid a claim under this Guaranteef all right of subrogation shall vest in the Company unaffected by any
act of the Assured claimant.
)
First American Title
, .
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 6
'\
J
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 CompanYf the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to suef
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 principalf interestf and costs of collection.
12. Arbitration.
Unless prohibited by applicable lawf either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may includef but are not limited tOf 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 Amount of Liability is $lfOOOfOOO 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 $l,OOOfOOO shall be arbitrated only when agreed to by both the
Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if
the laws of the state in which the land is located permits a court to award attomeys' fees to a prevailing party. Judgment upon the award rendered by
the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract.
(a) This Guarantee together with all endorsementsf if anYf 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 negligencef or any action asserting such c1aimf shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the
Presidentf a Vice Presidentf the Setretaryf and Assistant Secretaryf 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
Guarantee and shall be addressed to the Company at 2 First American WaYf Bldg 2f Santa Anaf Californiaf 92707.
)
First American Title
'\
First American Title
4540 California Avenue, Suite 100
Bakersfield, CA 93309
August 1, 2003
John Stinson
City of Bakersfield, Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Title Officer:
Phone:
Tony Damo
(661) 327-5311
Order Number:
KER-95919
Escrow Number:
KER-95919
Property:
No Site Address
Bakesfield, 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
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Uen Guarantee
Page Number: 1
GUARANTEE
UABILITY:
FEE:
$5,000.00
$150.00
ORDER NO.:
YOUR REF:
KER-95919
None
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: July 22, 2003 at 7:30 A.M.
First American Title
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 2
SCHEDULE A
MECHANIC'S LIEN 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 subsequent to July 22, 2003, 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 CAUFORNIA, described as
follows:
ALL OFF-SITE IMPROVEMENTS LOCATED IN:
LOTS 1 THROUGH 61, INCLUSIVE, OF TRACT 6066, UNIT ONE, IN THE cm OF BAKERSFIELD,
COUNlY OF KERN, STATE OF CAUFORNIA, AS PER MAP RECORDED SEPTEMBER 10, 2002 IN
BOOK 48, PAGES 179, 180 AND 181 OF MAPS, IN THE OFFICE OF THE COUNlY RECORDER OF
SAID COUNlY.
EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND
MINERALS WITHIN OR UNDERLYING SAID LAND OR WHICH MAY BE PRODUCED AND SAVED
THEREFROM; PROVIDED, HOWEVER, GRANTOR HEREIN, HER SUCCESSORS AND ASSIGNS,
SHALL NOT CONDUCT DRILUNG OR OTHER OPERATIONS UPON THE SURRFACE OF SAID LAND.
NOTHING HEREIN CONTAINED SHALL BE DEEMED TO PREVENT GRANTOR, HER SUCCESSORS
AND ASSIGNS FROM EXTRACTlNG OR CAPTURING SAID MINERALS, OIL, GAS AND
HYDROCARBONS BY DRIULNG ON ADJACENT OR NEIGHBORING LANDS AT A DEPTH OF 500
FEET OR MORE BELOW THE SURFACE OF SAID LAND SO AS NOT TO DISTURB THE SURFACE
THEREOF OR ANY IMPROVEMENTS THEREON, AS RESEVED BY ANGIE DELFINO, ALSO KNOWN
First American ntle
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 3
"
\
AS ANGELA DELFINO, A WIDOW, IN DEED RECORDED MAY 4,2000 AS DOCUMENT NO.
0201060996 OF OFFICIAL RECORDS.
APN: 515-040-13
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
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 4
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurance are provided in Schedule A of this Guaranteef the Company assumes no liability for loss or damage by
reason of the following:
(a) Defectsf Iiensf encumbrancesf adverse claims or other matters against the titlef 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; orf (2) Proceedings by a public agency which
may result in taxes or assessmentsf or notices of such proceedingsf 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 rightsf claims or title
to water, whether or not the matters excluded under (1)f (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurance which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by
reason of the following:
(a) Defectsf liens, encumbrancesf 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 streetsf roadsf avenuesf lanesf ways or waterways to which such
land abutsf or the right to maintain therein vaultsf tunnelsf rampsf or any structure or improvements; or any rights or easements thereinf unless such
propertyf rights or easements are expressly and specifically set forth in said description.
(b) Defectsf Iiensf encumbrancesf adverse claims or other matters, whether or not shown by the public records; (1) which are created, sufferedf
assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential
invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validityf legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDmONS AND STIPULATIONS
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 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 2f 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 2f nor any rightf titlef
interestf estate or easement in abutting streetsf roadsf avenuesf alleysf lanesf ways or waterways.
(c) "mortgage": mortgagef deed of trustf trust deedf 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 interestf as stated hereinf and which might cause loss or damage for which the Company may be liable by virtue of
this Guarantee. If prompt notice shall not be given to the CompanYf then all liability of the Company shall terminate with regard to the manner or
matters for which prompt notice is required; providedf howeverf that failure to notify the Company shall in no case prejudice the rights of any Assured
under this Guarantee unless the Company shall be prejudiced by the failure and then only to the, extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a partyf notwithstanding the nature of any
allegation in such action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the rightf at its sole option and costf to institute and prosecute any action or proceedingf interpose a defensef as limited in
(b)f or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated hereinf 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 Guaranteef whether or not it shall be liable hereunderf and shall not thereby concede liability or waive any provision of this
Guarantee. If the Company shall exercise its rights under this paragraphf it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to
the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other
counself nor will the Company pay any feesf 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 provisions of this Guaranteef the Company may
pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the rightf in its sole discretionf 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 proceedingf an Assured shall secure
to the Company the right to so prosecute or provide for the defense of any action or proceedingf and all appeals therein, and permit the Company to
usef at its optionf the name of such Assured for this purpose. Whenever requested by the Company, an Assuredf at the Company's expense, shall give
the Company all reasonable aid in any action or proceedingf securing evidencef obtaining witnessesf prosecuting or defending the action or lawful act
which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated hereinf 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 shall terminate,
First American nt/e
, ,
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 5
5. Proof of Loss Damage.
In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the CompanYf a proof of loss
or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss
or damage and shall statef to the extent possiblef 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 damagef the Company's obligation to such Assured under the Guarantee shall terminate.
In additionf the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall
produce for examinationf inspection and copyingf at such reasonable times and places as may be designated by any authorized representative of the
CompånYf all recordsf booksf ledgersf checksf correspondence and memorandaf whether bearing a date before or after Date of Guaranteef which
reasonably pertain to the loss or damage. Furtherf if requested by any authorized representative of the Company, the Assured shall grant its
permissionf in writingf for any authorized representative of the Company to examinef inspect and copy all recordsf booksf ledgersf checksf
correspondence and memoranda in the custody or control of a third partyf which reasonably pertain to the loss damage. All information designated as
confidential by the Assured provided to the CompanYf pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of
the CompanYf it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oathf 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 regulationf shall terminate any liability of the Company under this Guarantee to the Assured for that claim.
6. Options to Payor OthelWise Settle Claims: Termination of Liability.
In case of a claim under this Guaranteef 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 Guaranteef 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 Iienholderf 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 costsf reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up
to the time of purchase.
Such purchasef payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event
after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such
indebtedness shall transfer and assign said indebtednessf together with any collateral securityf 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 damagef other than to make the payment required in that paragraphf shall terminatef including any obligation to continue the defense
or prosecution of any litigation for which the Company has exercised its options under Paragraph 4f 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 settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guaranteef 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 Paragraph (b) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damagef other than to make the payment required in that paragraphf shall terminatef including any obligation to continue the defense
or prosecution of any litigation for which the Company has exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss
or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein describedf and subject to the Exclusions
From Coverage of This Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgageef as limited or provided under Section 6 of these
Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulationsf at the time the loss or damage Assured against by this
Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any
defect, lien or encumbrance Assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the titlef or removes the alleged defectf lien or encumbrancef or cures any other matter Assured against by this
Guarantee in a reasonably diligent manner by any methodf including litigation and the completion of any appeals therefromf 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 consentf the Company shall have no liability for loss or damage until there has
been a final determination by a court of competent jurisdictionf and disposition of all appeals therefromf 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 Guaranteef except payments made for costsf 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 destroyedf 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 Stipulationsf the loss or damage
shall be payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
) Whenever the Company shall have settled and paid a claim under this Guaranteef all right of subrogation shall vest in the Company unaffected by any
act of the Assured claimant.
\
j
First American Title
, .
Form 9 (6/6/92)
Order Number: KER-95919
CLTA Mechanic's Lien Guarantee
Page Number: 6
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 CompanYf the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to suef
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 principalf interestf and costs of collection.
12. Arbitration.
Unless prohibited by applicable lawf either the Company or the Assured may demand arbitration pursuant 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 arbitrable matters when the Amount of Liability is $l,OOOfOOO 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 $lfOOOfOOO shall be arbitrated only when agreed to by both the
Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if
the laws of the state in which the land is located permits a court to award attomeys' fees to a prevailing party. Judgment upon the award rendered by
the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract.
(a) This Guarantee together with all endorsementsf if anYf attached hereto by the Company is the entire Guarantee and contract between the Assured
and the Company. In interpreting any provision of this Guaranteef this Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on neglige[lcef or any action asserting such claimf shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the
Presidentf a Vice Presidentf the Secretary, and Assistant Secretaryf 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
Guarantee and shall be addressed to the Company at 2 First American WaYf Bldg 2, Santa Ana, Californiaf 92707.
First American Title
",j
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Invoice
Coolractor I No.
EIliiiiIIQfI $
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$7,000.00
$7,000.00
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TON 8EIS 865 Q $35.00 137.0D $2.00 $30,275.00 $32 .005.00 $1,730.00 Tunnan 54ã8
CY 684 6B4 0 $23.00 $26.00 $3.00 $15,732.00 $17,784.00 $2,062.00 TlJmran 5458
I.F 1274 1274 0 $1,;50 $8.50 $1.00 $9,556.00 $10,829.00 $1.274.00 TUrmBIl 5354
SF 7007 1007 0 $2.25 $2,25 0 $15,765.75 $15,765.76 0 Turmlllll 5458
6' BlOCk Wall (\Wh 0'.3' Rei.} LF 1274 1274 0 $10,00 $46.65 (52.3,35) $89,'180.00 $56,895.00 ($32,285.DD) Baker Muclnry t6
g. INCIDENTAL COSTS
OeIIilJn Englnll8ling $11,~.OO $11,595.00 Q SmflhTer;tI :fI6
I~ BondB G $1B,eM.1l0 118,635,00 Willort&P81/81 1lIl5270
ConelluctlOl1 SIllIàn& $8.375.38 58,375.38 0 SmlthTecn t6
SoiII and M"rIals T.tlng and Repm $3,350.15 $3,090,00 (S260.15) KrlIzm
B. BERKSHIRE ROAD . SOUTH SIDE l Atteas Road to W8St Boundllry of Tract No. 6088 )
a. SEW£R IMPROVEMENTS
6" Sewer MaIn l.F 1225 1225 0 $10.00 $12.00 $2.00 $12,250.00 $14,700.00 $2,450,00 Tunnan 6329
SlandMd Manhole eA 6 6 0 $1,850.00 $1,800.00 ($50,OO} $11.100.00 $10,800,00 ($3IlO.OO) TiJrmBn 5329
RemOl/8:pWg & TIe In EA 1 1 0 $350.00 $SOD.oo $'150.00 $3S0.00 $900.00 $150.00 Turmllll 5329
b. STREET IMPROVEMENTS
AC Pll\ltn J TON 812 812 0 $35.00 $37.00 $2.00 $28,420,(10 $30.044,00 $1,624.00 Tunnan 5458
A( ( 1'9Ie Bull CV 641 641 0 $23.00 $26.00 $3.00 $14,743.00 $16._.00 $1,&23.00 TUfmIII1 54IlS
5'" Curti & Gutter l..F 1353 135' 0 $7.50 $B.50 $1.00 $10,147.50 $11.500.50 $1,353.00 TurmEWI 53S4
4" SlcIewaIk SF 7442 7442 0 $2.25 $2.25 0 $15,744.50 $HI,744.50 0 Turmlll\ S456
1. INCENDENTAl COSTS
0eI1gn Engineering $6,490.00 $6,490.00 0 5mällTecI1 l¥6
u COñili'ùCllCnSlaidrt9 ' ... $4,667.75 $4.687.75 0 SmithTech l¥6
Soils and MateñøIa T8Imng and Report $1,575:.10 $2,775:.00· $899.90 Kraz¡m "
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)um l ~lol'I (cut) Cy 0 aooo 900lI $2.00 $2.00 0 0 $1S',OOttOO $13,000.00 Turman 532.9 w
Sump EMCa¥BlÌoß ( ~ sand ) (;'( 0 1000 1000 $10..00 $2.0.00 $10.00 0 $20,000.00 $20,000.00 Turmill'l 6329 .t>.
). STORM DRAIN IMPRO\ÆMENTS I-'"
l4" Slom¡ DI'8In Pipe LF 80 80 0 $30,00 $3O,(]O 0 $2.400,00 $2,400,00 0 Turman 5354
!dlillthol6 EA t 1 l) $2.,200,00 $2,000.00 ($200.00) $2.200.00 $2,000,00 ($20D.OO} T~!Il1an 5364
Ouftet Structure 1 1 0 $1,500.00 $2,500.00 $1,000.00 $1,600.00 $2,500.00 $1 ,000,00 Turman 153M
~ MISCELlANEOUS IMPROVEMENTS
Chain Unit Fence w/redwoCId slBt8 Lf' &5(} 516 334 $24.00 $24.00 0 $20,400.00 $12,384.00 (58,016.00) MY. Fence &, lJ6408.
BIlcl 6" x 18" concrele fooling SauIhem VIlIIBy #10940
Cone.
wf14' Sale wipostloCk PAIR 1 i 0 $1,170.00 $1,110.00 0 $1,110.00 $11170.00 0 Mv. Fence #64()tl
g. INCIDENTAL COSTS
~ Englneerin9 $1,915.00 $1,915.00 0 Sm"hlech lie
Conslrucllon SlBldng $1 ,383.50 $1,38J,5E) 0 SmilhlaCh tIS
SoII& &nl! MaterialS Teeling and Report $553.40 $0.00
TOTALS $328,'..03 $358.634.38 $29,47&.36
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