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Payment 01-3 Westlake
~ . -- !) I B 'AK E R' S FIE L D PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Sharon Traynor, Accounting Clerk II, FROM: ~~ ~rian P. Shaw, Civil EngÍneer I\' DATE: December 29,2004 ' SUBJECT: ASSESSMENT DISTRICT NO. 01-3 PAYMENT REQUEST ******************************************************************* ') The City has received awritten 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 establishingtheAcquisition Price at actual cost. In Addition, the developer has provided the City a'Mechanicslien free endorsement as per the requirements of the AcquisitionAgreement. Therefor, please find attached the Applicátion for Payment of improvements for Assessment District No. 01-'3, Westlake Area Acquisition Payment Processing No. 1. Wilson and Associates was retained by the City Public Works Departmenfto review those applications for payment from bond proceeds for this Assessment District. Completed Items as per Exhibit "A" of the Acquisition Agreement: (Seeattached request). $1,116,406.00 ,. Send $ 1,116,406.00 to: Lennar Homes of California, Inc. 5251 Office Park Drive, Suite200 Bakersfield, CA 93308 Attention: Gloria A. Chacon xc: Nelson Smithf Assistant Finance Director Bob SherfYf Chief Assistant City Attorney ) . 01-3reimb2.doc prepared Wednesday, December 29,2004 1 :47PM .1·' " ' Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 December 6, 2004 29593A John Stinson/Marian Shaw Public Works Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Re: City of Bakersfield Assessment District No, 01-3 Westlake Area Acquisition Payment Processing No.1 Dear John and Marian: Wilson & Associates has finished our review process of the payment request for the Improvements completed in the Westlake Area of Assessment District No. 01-3 ("AD 01-3"), based on Submittal #1 (Final) of the payment request by Coleman Homes Lennar Bakersfield, Inc. (the "Applicant") to the City of Bakersfield on June 7,2004, and Revised Submittal #1 faxed to us by the Applicant on November 2, 2004 (collectively, the "Application"). This letter and recommendation for payment pertain to all of the Improvements in the Westlake Area. Our findings and recommendations are also based on our correspondence with the Applicant dated July 14, 2004, and October 14, 2004 (copies of both letters are enclosed for your files). After reviewing said Application, we have come to the below-described conclusions and recommendations regarding this Acquisition Payment for the Improvements in the Westlake Area of AD 01-3. Enclosed with this letter is a table entitled "Table I, Itemized Improvements and Acquisition Costs Approved for Payment No.1 in Westlake Area, City of Bakersfield Assessment District No. 01-3" ("Table I") that presents an itemized comparison of the cost of improvements to be acquired as they were estimated and shown onExhibitB, Table B-II-E of the AD 01-3 Engineer's Report (which is the acquisition amount funded by the AD 01-3 proceedings) to the itemized amount paid by the Applicant for each item of work shown in the Application and requested for payment by the Applicant. Table 1 also shows in its column entitled "Approved Payment Per This Request" the amount for each item of work we recommend for payment to the Applicant as the AD 01-3 Acquisition Price under the Westlake Area Payment No, 1. Also enclosed are: (i) a copy of the Applicant's most recent" Application and Certification for Payment" form; (ii) a copy of City issued Notice of Completion for Tract No. 6077 Unit One; and (iii) copies of Stewart Title "Mechanic's Lien Guarantee" for Tract No, 6077 Units One, Two, Three, Six, Eight, and Ten. The above- referenced Notice of Completion and Mechanic's Lien Guarantees cover all off-site improvements in Olive Drive, Verdugo Lane, and Reina Road which were funded by the AD 01-3 proceedings for the Westlake Area. As requested by the Applicant, and as approved by the City, a portion of the block wall along the northeast side of Olive Drive in Tract No. 6077 Unit One, which is currently in place as a "view wall" for the Applicant's model homes, has been removed from the scope of work eligible for payment from the AD 01-3 improvement fund. The funds originally estimated for payment of this , , John Stinson/Marian Shaw December 6, 2004 Page Two portion of the block wall are being used for payment of cost overruns for the same improvement item at other originally approved Olive Drive locations where it has been completed to its full design height. Said portion of the view wall will be raised to its full design height once the model homes are no longer used as such. The completion of this portion of the block wall will be paid by the Applicant from sources other than the AD 01-3 funds and said completion is guaranteed by the Applicant's "subdivision improvement bonds" already in possession by the City. The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the completed AD 01-3 Westlake Area Improvements per the Application is $1,116,406.00, all as itemized on the enclosed Table I and summarized below. The following is a recapitulation offunds recommended for payment under this Westlake Area Payment No. I: Improvement Acquisition Item AD 01-3 Approved Amount A. OLIVE DRIVE (In and along Tract No. 6077) I. Grading 2. Strom Drain Improvements 3. Water Improvements 4. Street Improvements 5. Miscellaneous Improvements 6. Contingency 7. Incidentals 8. Subtotal Olive Drive Improvements Amount Requested for Payment $ 42,000.00 $ 24,150.00 $ $ 0.00 $ 0.00 $ $ 29,200.00 $ 42,158.00 $ $ 181,127,00 $ 310,294.00 $ $ 227,530.00 $ 282,595.00 $ $ 47,986.00 $ 0.00 $ $ 63.341.00 $ 79.100.00 $ $ 591,184.00 $ 738,297.00 $ B. VERDUGO LANE (In and along Tract No. 6077) 1. Grading $ 23,448.00 2. Sewer Improvements $ 24,970.00 3 . Water Improvements $ 9, 100,00 4. Street Improvements $ 116,993.00 5. Miscellaneous Improvements $ 122,320.00 6. Contingency $ 29,683.00 7, Incidentals $ 39.181. 00 8. Subtotal Verdugo Lane Improvements $ 365,695.00 C. REINA ROAD (Along Tract No. 6077) I. Grading 2. Street Improvements 3. Miscellaneous Improvements 4. Contingency 5. Incidentals 6. Subtotal Reina Road Improvements Amount Approved for Payment No.1 24,150.00 0.00 42,158.00 187,925.00 271,225.00 0.00 65.726.00 591,184.00 $ 13,483.00 $ 13,483.00 $ 30,652.00 $ 30,152.00 $ 30,805.00 $ 30,805.00 $ 189,869,00 $ 121,586.00 $ 141,921.00 $ 136,449.00 $ 0.00 $ 0.00 $ 48.808.00 $ 41.383.00 $ 455,538.00, $ 373,858.00 $ 12,862.00 $ 7,396.00 $ $ 64,759.00 $ 67,451.00 $ $ 51,865.00 $ 60,299.00 $ $ 12,949.00 $ 0.00 $ $ 17.092.00 $ 16.218.00 $ ,$ 159,527.00 $ 151,364.00 $ D. TOTALS 7,396.00 67,451.00 60,299.00 0.00 16.218.00 151,364.00 $1,116,406.00 $1,345,199.00 $1,116,406.00 J t .!\ John Stinson/Marian Shaw December 6, 2004 Page Three As also described in the notes on page 3 of Table 1, the above-summarized amounts are based on the following findings: 1. Items labeled "1" in Table 1 "Notes" column are items approved for payment at this time at a lesser amount than requested (up to the maximum amount available per Final Engineer's Report for payment of all completed improvements in the Westlake Area,of AD 01-3). 2. An item labeled "2" in Table 1 "Notes" column is an item approved for payment at the exact amount shown on the invoice for Sewer Improvements in Verdugo Lane (5 standard manholes at $1,300.00 each). The amount approved for payment is $500.00 less than requested. The $500.00 difference applies to the "Tie to Existing" improvement item shown on said invoice. Since this improvement item was not a part of the approved scope of work per the AD 01-3 Final Engineer's Report, and since there are no funds available for payment of additional items, this "Tie to Existing" improvement item is not approved for payment at this time. 3. Items labeled "3" in Table 1 "Notes" column are the "Contractor Overhead" items approved for payment at this time at a lesser amount than requested (recalculated to match 10% of the improvement items approved for payment at this time, in the same manner as these "Contractor Overhead" items were originally calculated in the AD 01-3 Final Engineer's Report). 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 $1,116,406.00 be paid and that a check for that amount be made payable to Coleman Homes, Inc. (or Lennar Homes of California, Inc., after it is confirmed with the Applicant), as a payment pursuant to this Payment No.1 request for the improvements in the Westlake Area of AD 01-3. Please call if you have any questions on the results of our analysis or the recommendations presented herein for payment of the Acquisition Price. Sincerely ~~ ~ Ed Wilson Dejan Pavié Wilson & Associates enclosures cc: Brian Alexander Gloria Chacon Tom Dee Tony Hogg TABLE 1 \ ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1 IN WESTLAKE AREA Item Item Description A. OLIVE DRIVE (In and Along Tract No. 6077) a. GRADING Roadway Excavation TOTAL GRADING b. STORM DRAIN IMPROVEMENTS Sump Excavation 30" Storm Drain Line 36" Outlet Structure Standard Manhole TOTAL STORM DRAIN IMPROVEMENTS c. WATER IMPROVEMENTS 12" Water Line 12" Gate Valve Standard Hydrant TOTAL WATER IMPROVEMENTS d. STREET IMPROVEMENTS AC Paving 1991 TON 35,00 $69,685,00 Aggregate Base 1966 CY 23,00 $45,218.00 6" Curb & Gutter 2798 LF 7,85 $21,964.00 Sidewalk 15380 SF 2,00 $30,760,00 Street Light 6 EA 2250,00 $13,500,00 1 LS 237272,00 $237,272,00 Billed with AC Paving 3092 LF 7.95 24,581.00 16990 SF 1.88 31,941,00 6 EA 2750,00 16,500,00 TOTAL STREET IMPROVEMENTS e. MISCELLANEOUS IMPROVEMENTS 6' Block Wall 2818 LF Block Wall Monuments 2 EA TOTAL MISCELLANEOUS IMPROVEMENTS f. SUBTOTAL IMPROVEMENT COST g. CONSTRUCTION CONTINGENCY h. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY i. INCIDENTAL COST Design Engineering Improvement Bonds Construction Staking Soils and Materials Testing and Report Contractor Overhead Plan Check Fees Construction Inspection Fees TOTAL INCIDENTAL COST j. TOTAL OLIVE DRIVE IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS $181,127.00 $114,903,00 Billed with AC $24,581.00 $31,941.00 $16,500,00 $310,294.00 $187,925.00 68,00 $191,624,00 LS 207695,00 $207,695.00 17953.00 $35,906.00 LS 74900.00 $74,900,00 $227,530.00 $282,595.00 $479,857.00 $659,197.00 $47,986.00 Included above Included above $527,843.00 $659,197.00 $525,458.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $10,557,00 $13,180,00 $13,180,00 $52,784,00 $65,920.00 $52,546.00 3 $0,00 $0,00 $0,00 $0,00 $0.00 $0.00 $63,341.00 $79,100.00 $65,726.00 $591,184.00 $738,297.00 $591.184.00 B. VERDUGO LANE (In and Along Tract No. 6077) a. GRADING : Roadway Excavation I 11724 CY 2,00 $23,448,00 I ~724.00 CY 1.15 $13,483,00 II $13,483,00 I TOTAL GRADING $23,448.00 $13,483.00 $13,483.00 b. SEWER IMPROVEMENTS 12" Sewer Line 315 LF 22,00 $6,930,00 II 480 LF 20.00 $9,600,00 $9,600,00 10" Sewer Line 255 LF 18,00 $4,590,00 I 264 LF 18,00 $4,752,00 $4,752.00 8" Sewer Line 480 LF 15,00 $7,200,00 L 620 LF 15,00 $9,300.00 $9,300,00 Standard Manhole 5 EA 1250,00 $6,250,00 5 EA 1300,00 $7,000,00 $6,500,00 2 TOTAL SEWER IMPROVEMENTS $24,970.00 $30,652.00 $30,152.00 c. WATER IMPROVEMENTS 12" Water Line 260 LF 15.00 $3,900,00 1200 LF 22.00 $26,400,00 12" Gate Valve 2 EA 850,00 $1,700,00 2 EA 1200,00 $2,400,00 Standard H drant 2 EA 1750,00 $3,500.00 1 EA 2005.00 $2,005,00 TOTAL WATER IMPROVEMENTS $9,100.00 $30,805.00 29,593A.WK4 12/01/2004 TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1 IN WESTLAKE AREA Item Item Description d. STREET IMPROVEMENTS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 01-3 ENGINEER'S REPORT ESTIMATE Unit Total Quantity Units Cost Cost REQUESTED FOR PAYMENT Unit Total Quantity Units Cost Cost AC Paving 1484 TON 35,00 $51,940,00 Aggregate Base 1466 CY 23,00 $33,718,00 6" Curb & Gutter 2244 LF 7.85 $17,615.00 Sidewalk 1235 SF 2,00 $2,470,00 Street Lioht 5 EA 2250.00 $11,250,00 $116,993.00 1 LS 128145,00 $128,145,00 Billed with AC Paving 2479 LF 7,95 19,708.00 15035 SF 1,88 28,266.00 5 EA 2750,00 13,750,00 $85,658,00 Billed with AC $19,708.00 $2,470.00 $13,750.00 $189,869.00 $121,586.00 TOTAL STREET IMPROVEMENTS e. MISCELLANEOUS IMPROVEMENTS 6' Block Wall I 2224 LF TOTAL MISCELLANEOUS IMPROVEMENTS f. SUBTOTAL IMPROVEMENT COST g. CONSTRUCTION CONTINGENCY h, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY i. INCIDENTAL COST Design Engineering Improvement Bonds Construction Staking Soils and Materials Testing and Report Contractor Overhead Plan Check Fees Construction Inspection Fees TOTAL INCIDENTAL COST j. TOTAL VERDUGO LANE IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS 55,00 $122,320,00 I L $122,320.00 $296,831.00 $29,683.00 $326,514.00 1 LS 141921,00 $141,921,0011 $136,449,001 $141,921.00 $136,449.00 $406,730.00 $332,475.00 Included above Included above $406,730.00 $332,475.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $8,135,00 $8,135,00 $40,673.00 $33,248,00 3 $0,00 $0,00 $0,00 $0.00 $48,808.00 $41,383.00 $455,538.00 $373,858.00 $0,00 $0,00 $0,00 $6,530,00 $32,651,00 $0,00 $0,00 $39,181.00 $365,695.00 C. REINA ROAD (Along Tract No. 6077) a. GRADING Roadway Excavation TOTAL GRADING b. STREET IMPROVEMENTS AC Paving Aggregate Base 6" Curb & Gutter Sidewalk TOTAL STREET IMPROVEMENTS c. MISCELLANEOUS IMPROVEMENTS 6' Block Wall ¡-}?43 LF TOTAL MISCELLANEOUS IMPROVEMENTS d. SUBTOTAL IMPROVEMENT COST e. CONSTRUCTION CONTINGENCY f. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY g. INCIDENTAL COST Design Engineering Improvement Bonds Construction Staking Soils and Materials Testing and Report Contractor Overhead Plan Check Fees Construction Inspection Fees TOTAL INCIDENTAL COST h, TOTAL REINA ROAD IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS 16431 CY 2.00 $12,862,00 II 6,431,00 CY 1.15 $7,396,00 II $7,396,00 I $12,862.00 $7,396.00 $7,396.00 35.00 $28,490,00 LS 49372.00 $49,372,00 $49,372,00 23.00 $18,492.00 Billed with AC Paving Billed with AC 7,85 $7,403.00 1042 LF 7.95 8,284,00 $8,284,00 2,00 $10,374,00 5210 SF 1,88 9,795.00 $9,795,00 $64,759.00 $67,451.00 $67,451.00 55,00 $51,865,0011__ 1 LS 60299,00 $60,299,00 II $60,299.00 I $51,865.00 $60,299.00 $60,299.00 $129,486.00 $135,146.00 $135,146.00 $12,949.00 Included above Included above $142,435.00 $135,146,00 $135,146.00 $0,00 $0,00 $0.00 $0,00 L $0,00 $0,00 $0.00 $0,00 $0,00 $2,849,00 $2,703,00 $2,703,00 $14,243.00 $13,515,00 $13,515,00 $0.00 $0,00 $0,00 $0,00 $0.00 $0,00 $17,092.00 $16,218.00 $16,218.00 $159,527,00 $151,364.00 $151,364.00 814 TON 804 CY 943 LF 5187 SF D. TOTAL WESTLAKE AREA (TRACT NO. 6077) IMPROVEMENT COST (Add Items A, B, and C) a. IMPROVEMENTS b, CONTINGENCY c, INCIDENTALS d. TOTAL WESTLAKE AREA (TRACT NO. 6077) IMPROVEMENT COST 29593A,WK4 $906,174,00 $90,618,00 $119,614.00 $1,116,406.00 $993,079.00 Included above $123,327,00 $1,116,406.00 $1,201,073.00 Included above $144,126.00 $1,345,199.00 2 12/01/2004 TABLE 1 '\ ! ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1 IN WESTLAKE AREA CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 01-3 Item E. RECAPITULATION ENGINEER'S REPORT ESTIMATE Unit Total Cost Cost REQUESTED FOR PAYMENT Unit Total Quantity Units Cost Cost a. TOTAL APPROVED FOR PAYMENT PER FINAL ENGINEER'S REPORT $1,116,406.00 b. TOTAL APPROVED FOR PAYMENT NO.1 (PER THIS REQUEST) $1,116.406.00 c. TOTAL FUNDS AVAILABLE FOR PAYMENT AT A LATER DATE $0.00 NOTES: 1. Items approved for payment at this time at a lesser amount than requested (up to the maximum amount available per Final Engineer's Report for payment of all completed improvements in the Westlake Area of AD 01-3), 2, Item approved for payment at the exact amount shown on the invoice for Sewer Improvements in Verdugo Lane (5 standard ,manholes at $1,300.00 each). The amount approved for payment is $500.00 less than requested, The $500,00 difference applies to the "Tie to Existing" improvemøf¡t item shown on said invoice, Since this improvement item was not a part of the approved scope of work per the AD, 01-3 Final Engineer's Report, and since there are no funds available for payment of additional items, this "Tie to Existing" improvement ilem is not approved for payment at this time, 3, The "Contractor Overhead" items approved for payment at this time at a lesser amount than requested (recalculated to match 10% of the improvement items approved for payment at this time In the same manner as these "Contractor Overhead" items were originally calculated in the AD 01-3 Final Engineer's Report). 29593A.WK4 3 12/01/2004 EXlilBIT "//" ¡/PI'LlUT/ON AND (ER11F1C/lTION FOR I'll YMENT *** ****** REV/SED********** ,', TO (OWNf:RI l..CIlP.ilt ) tonll:'! of Cb\j(onliiL Jue: PROmrr· ^SSC5r11CÞ( [')IuriC\ 01..' PROŒSS 1).\ n¡ 10,1 $·Ol ~~~I Office Par1.- I)nv~ ~lril ~no lI,krrslicld. C.9.1;(\'I A TTn"'''ON Marion Shaw CONTRArTOR unnar HOß1å ofCalifonli3. toe PROJEn NO' 01·3 C'ilY uf Bakersfield 12$1 Off",. P.vIc Dri.. I SO. Tru,;1un !''\'Clltlç Suh 200 lIak."r..ld. Co 93.1% B.ktl.rr.1d. C. 9.1309 OWNER'S APPLICATION FOR 1'/1 YlvtENT In accordancc with the Acquisition ^grcemelll, application for paymcnt is made for the following items of work: Per Exhibit. Table B-11-E-1 of the Engineer's Report: Remalnglng Billable WESTLAKE AREA IMPROVEMENTS Assessment DistrIct . Actual Billed To Date Amount Olive Drive Improvements (In and Along Tract 6077) A Grading (acquired wilh completed Streellmpr,) $ 42,000.00 $ 24.150.00 $ 17,850.00 B Storm Orain Improvements $ - S - $ - C Water Improvements $ 29.200.00 $ 42,158.00 S (12.958.00) o Slreellmprovements $ 181,127.00 $ 310,294.00 $ (129.167.00) E Miscellaneous Improvements (Block Wall and Wall Monument $ 227.530.00 $ 282,595.00 $ (55,065.00) F Construction Contingency (10%) $ 47.986.00 $ - $ 47,986.00 G Incidental Cosl $ 63,341.00 $ 79,100.00 $ (15,759.00) H Total Olive Drive Improvements $ 591,184.00 $ 738.297.00 $ (147.113.00) Verdugo lane Improvements (In and Along Tract 6077) ) A Grading (acquired with completed Streellmpr.) $ 23,448.00 $ 13,483.00 $ 9,965.00 B Sewer Improvements $ 24,970.00 $ 30,652.00 $ (5,682.00) C Water Improvements $ 9,100.00 $ 30,805.00 $ (21.705.00) o Slreellmprovements $ 105,743.00 $ 189,889.00 $ (84.126.00) E Miscellaneous Improvements {Block Walll $ 133,570.00 $ 141,921.00 $ (8.351.00) F ConstrUction Contingency (10%) $ 29,683.00 $ , $ 29.683.00 - G Incidental Cost $ 39,181.00 $ 48,808.00 $ (9,627.00) H Total Verdugo Lane Improvements $ 365,695.00 $ 455,538.00 $ (89,843.00) ReIna Road Improvements (Along Tract 6077) A Grading (acquired with completed Streellmpr.) $ 12,862.00 $ 7,396.00 $ 5.466.00 8 Streellmprovements $ 64,759.00 $ 67,451.00 $ (2,692.00) C Miscellaneous Improvements (Block Wall) $ 51,865.00 $ 60,299.00 $ (8,434.00) o Construction Conlingency $ 12,949.00 $ . S 12,949.00 E Incidental Cost S 17,092.00 $ 16,218.00 S 874.00 F Total Reina Road Improvements $ 159,527,00 $ 151,364.00 $ 8,163.00 TOTAL IMPROVEMENTS A Total Olive Drive Improvements $ 591,184.00 $ 738,297.00 $ (147,113.00) B Total Verdugo Lane Improvements $ 365,695.00 $ 455,538.00 $ (89,843.00) C Total Reina Road Improvements $ 159,527.00 $ 151,364.00 $ 8,163.00 D Total Westlake Area Improvements $ 1,116,406.00 $ 1,345,199.00 S (228,793.00) The above item~ of work arc 100% complete The abet\'c amounts are the actual costs for each item of work as oullincd in Exhibit "B" of the Engineer's RcpOlt ~(Q)~W ENGINEER'S CERT/PlCATE FOR 1',./ fA-mNT ') In a~("1·d.,I\CC \\ ith the (''''''I'J':1 J.hn:umCflt. b.',!.t'\J \tll ",,·s,;t ol:$ef\'atKm.lI: 3I1d Ihê cL..m cOlJ\.'nsing lhe abovc l:pplitation T:"e'" t:G!lÎr'lt:n (('I1Ît1ct to Ih:- OWÐ"; rhi'lt !hc WI,\Ñ: hatt p"')~I'CSSt'c.\ lllllt( poilll tf\l.licith::d. Ih:'ll hi ,tit h,:~ ''if hi:. kllc\,,:kdgt. inrul1,~\ian :U'td \~Iie(. the qu¡llitr Mt1u: Wl.\tk AMOUNT CERTifiED ....,.................................... IJ\uach CXpl~(1~li{\n if 31Munt uI1irlCd dilrc~s (,\110 the ;unount 311plictt f~'r } This .."mc.,,< is no. n<po.i.hlc. The AMOUNT CliRTIFIf.1l is payable only 10 the C'al'UrJ.t1",'nU1"lC;:d herein. Jnsurance. P;I}"n"C'tl\ and act.Cplanee ofp.1)nte"1 0'( withonl prejudice lO 3ny ñg'ht$ orcht ()y.'ßa Of COßtnCtOf ufl1.kf thb Contrac.t. OWNER'S CERTIFICATION Coleman Homes lnc, hereby certifies that the materials or services shown hereon were furnished to the City of Bakersfield; that no part thereof has been paid; thai the items oflhis claims arejus\ and legal; lhat thcre is duc the undersigned the amount shown hereon. Lenoar Homes of Cali fomi a, Inc. 525 t Office Park Drive Suite 200 Bakersfield, Ca 93309 $ 1,345,199.00 ø~;z?~r O:r.t ~(Q)~~ J >' ,J PLËASE CDMPLETE THIS INFORMATION ~~OIl[)'NG REQUESTED BY '\d f40r the benefit of the XV OF BAKERSFIELD James W. Fitch,l Assessor- Recorder Kern County Official l1ecords Recorded at the request 01 Public DOC#: 0204066186- - SABRINA 3/26/2004 11:18 AM Stat Types: 1 WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 I, I~II 1111~11111' I~II"~II· Fees Taxes Others PAID Pages: 1 0.00 0.00 0.00 $0.00 This Space For Recordefs Use Only NOTICE OF COMPLETION. AND ACCEPTANCE OF WORK (Work Within Public Right~of-Way) NO, TICE IS GIVEN that work was completed on that certain project known as TRACT 6077 PHASE 1, for the undersigned agency on SEPTEMBER 4,2003, located SOUTH OF OLIVE DRIVE AND EAST OF VERDUGO LANE, and that said project was accepted by this agency on MARCH 23, 2004. The undersigned agency owns the following interest in said property descriBed above: right-at-way and public imorovements within the right-ot-way. \ The Contractor/Developer on said project was COMMUNITIES AT WESTLAKE, LLC, and contract nl jer is City of Bakersfield Contract No. 02-128. Please refer to said contract number on all communications relating to said contract. The address of the undersigned agency is City Hall, 1501 Truxtun Avenue, Bakersfield, California 93301. I declare under penalty of perjury, under the laws of the State 'of California, that the contents herein 3re true and correct to the best of my knowledge. Executed on March 23, 2004, at Bakersfield, California. RA{~:tIDJAS Public Works Director ~y ) faø ~@[j2>V :\GROUPDA lìConstruction\NOC\2004\TR 6077 -1.doc NO. 01229524 LIABILITY $ 1, 0 0 0 . 0 0 FEE $ 4 0 0 . 0 0 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MA TIER SHOWN THEREIN. STEWART TITLE GUARANTY COMPANY a corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Effective Date: Ma y 06, 2 0 04, 7: 3 0 a. m . Countersigned: ~ Authorized Countersignature STEWART TITLE OF CALIFORNIA, INC. Agent ID: Sanctity of Contract STEWART TITLE GUARANTY COMPANY ¥-~d~ ' President lltIII"UA¥b, ", II'\TLE c,.~ ~.. ~ .........~.,..." ~ f.... ... ',or: \. I f:':(,O"Pof4~"~ \ I",:, _*_ ~:-<. it-· . ~ ~"'\ 19 0 8 l{;1 '\. lIIt-. .*. .... ~ ~,Y ;:¡....~...... . I , ~.::.;"",~' ~(Q)~W Guarantee Serial No. G-2222- 17214 ;¿ SCHEDULE A Mechanic's Lien Guarante<; CLTA Guarantee No. G-2222- 000017214 DATE: 05 - 06 - 04 at 7: 30 a. m. Liability: $ 1,000.00 Fee: $400.00 Ordèr No.: 01229524 The assurances referred to on the face page hereof are: Coleman Homes, Inc. The land referred to in this guarantee is described as follows: Lots 1 through 74, inclusive of Tract 6077, Phase 1, in City of Bakersfield, County of Kern, State of California, per map recorded May 24, 2002 in Book 48, Pages 116 through in book of maps in the Office of the County Recorder of county. the as 118 said 1. Name of Assured: Coleman Homes, Inc. That, according to those public constructive notice of matters relating land described herein, there are no Notices of Cessation of Labor Notices of records which impart to the title to the Notices of Completion Non-Responsibility Claims of statutory liens for labor or materials (other than such Claims for which a release appears in said records), or Notices of, the pendency of actions to foreclose such liens, recorded subsequent to January 9, 2004, which purport to affect said land, other than.. those shown below under E.xceptions. A claim Instrument Claimant Amount of mechanic's lien recorded January Number 0204005343 of Official Records: Labor Ready, Inc. : $63,505.52 and any other amounts due 9, 2004 as thereunder. Any lien, or claim of lien, for services, labor or materials arising by reason of a work of improvement, as disclosed by a notice of completion recorded February 11, 2004 as instrument number 0204031590 of,Official Records. ~(Q)[j2)W ') --' 'i STE\tV ART TTTJ.,E of California, fnc. November 11, 2004 Coleman Hoxnes 5251 Office Park Dr., #2ÐO Bakersfield, CA 93309 Attn: Gloria Policy No. : Order No. Loan No. G-2222-17229 01233000 Tract 6077. Pha~~ 2 With regard to th~ above-referenced order number, we are pleased to enclo$e the following item(s): (X) Mechanic'$ Lien Guarantee (and copy) We consider it a privilege to have this opportunity to work with you on this transaction, and trust that it has been handled to your satisfaction. We look: forward to assisting you again. in t:he future. Please contact us if we can b$ of any further service. Sincerely, Stewart Title of California, Inc. Kern County Division BY'~~^' __ Maggie G~~ StCIVU1'l1'iUc: III' C:llil'oroI:I. 1)1(', 5701 TruxluII ,0\ V\ln\lll. Suite :ZÓIl lIalu:n¡fí\lld. C,\ 93:l1l9 (lrlil)322-rîIl11 www.sft.wnrlhnll.cClIfI ~(Õ)[j2)'\1 NO. 012~3000 L1AB(I",lTY S 1,000.00 FEE $ 1 00 . 0 I) SlJBJF.:CT TO TilE EXCLUSIONS FROM r.OVERM.iE. THE l.IM/TS OF L1ABIUTY AND THE OTHER PROVISIONS Or: THE CONDITIONS -"ND STIPI.Jl.¡\1]ONS HERETO ,\NNF.xr.m ANI) Mf\DE A PART Or TI'1JS GUARANTEE. ANn SUBJECT TO THE FURTHER 17.XCUJSrON AND LIMITATION TH¡:\T NO <ì/Jt\RANTF:E IS GIVEN NOR LT..:\Bll.lTV ASSÜMP,D WITH IWSPR'T TO un-: IDENTITY (')F ANY PARTY NAMF..D or< REFtmRED TO IN SCHEDULE A OR WITH RESPECT1'() nlE VALIDITY. LEGAL EFFECT OR PRIORITY or ANY M^TrER SHOWN THEREIN. STEWART TITL:E GUARANTY COMPANY :1 CMpOJ'lII.iIlIl. herdn ~,ll1ed /he Comp:IIlY, G U A r~ ¡\ NTrlt::S the AS:lUrt'ù lIllmeet in S~:h~"\Ill~ ;\ againm :1<:rua!l.l\ollctary hIs:,; .)f dmll:iJ.!C. f101 l.',t¡cccding the liability amount ¡.:1..llctl ill Schcduk .-\ which llw I\HI;lIl'l::d sh~J1 :ml:\ölill hY I'c;¡SI)(1 1,lf :.11\\1 in\':onT'':l.nc~s in the :ls~ll '''tll:t~l; I;cl tìmh ill Schedule A. . 'j.~ Em~ctj"~Dalc: November 03, ~004, '7:30 if.\.m. -'-, Cf~ ~~ - .~. . ........ .......,.--. - .. ...... M___, _. .J!'. ..:'hni T.lT\.."\n ..:,f :'.i\n t!u.II,,' (~f'UlU I: t,"t a 1 \JI~!.··'I : ~'{.):;\f.,~~J.i\gCJ,,:~:~==~~..:::::=._-,. 1\1It.hn '0' t,i't,l 1;7'':)LuH:u,:t-; ~-.JJ\I'lt\\.J'"~ ~Tr-;W'\RT Tl'.l'U: OF Ct\I.lFQRNI1\. INC, ^¡l"lI TO' Sall~rily IIr (:'l1l1rtu:1 STEWART T,ITl..,E; (;!.f^~f'N"''''' l"OMI'ANY .....1ü1"-.... .~ '(~,.......!''f...'\, t ",..' .... .,;....\ I ~.' (.(\.'o,,~ ·',OS. \ ~.. + v'. .~. ,...¡, -,..- ~:o(i ';.\ / 9 0 8 /{; f " .... ,.. ..' I " f,;·~·:,:" .. I ~,.'I" _cÆ~~Lt'~ """(=- l?"':'jj'\' '~l:-"~(-: ~. -...... ".-.-.. ... .............. (i\l~I':lIll~...1j... ' lIl N,l. G-2::n· 17~29 ~CQ)~W SCHEDULE A Mechanic's Lien Guarantee C;l TA Guarnntee No. G·2222· 000017229 DATE: 11-03-04 at 7:30 a.m. Li~bility; S 1,000.00 Fee: SlOO. 00 Order No.: 01233000 The aS$u.ances refe..ed to on the face pagp- hereof are: 1. N~e of AQsured: Coleman Homes, Inc. That, according to those public constructive notice of matters relating land described herein, there are no records to the which title impart to the Notices of Completion Notices of Cessation of Labor Notices of Non-Responsibility Claims of statutory liens for labor or materials (other than much Claims for which a release appears in said records), or Notices of the pendency of actions to foreclose such liens, recorded subsequent to May 24, 2002, which purport to affect said land, other than those shown below under Exceptions. See Exhibit "A" attached hereto The land referred to in this guarantee is described as follows: Exceptions: See Exhibit "AIf attached ~(Q)[PV .\\.. ~ STE"V ART TITLE of' CaUforuin, Inc. November 11. 2004 Colaman Homes 5251 Office Park Dr., #200 Bakersfield, CA 93309 Attn: Gloria Chacon Policy No.: Order No, Loan No. G-2222-1722S 01232997 Tract 6077, Phase 3 With regard to the above-ref~renced order number, ~e are pleased to enclose the following item(s) : (X) Mechanic's Lien Guarantee (and copy) We consider i~ a privilege to have this opportunity to work with you on this transaction, and trust that it has been handled to your satisfaction. We look forward to assisting you again in the future. Please contact us if we can be of any further service. Sincerely, Stewart Title of California, Inc. Kern County Division 8y. . J~~___ Magg1E! Goàelir~ St\1W:tl't Title ( l' ClIUful'ßia. lne. 571)) l"'IIXhUl Avenue, ~uilc 200 Ual{el'slì~Jd. CA ')~tlO!) (6tm322·(;Ol J www.stt'\\'llrthnl(.cIJI1l ~(Q)~W " CLTi\ GlJAl~NT jE fI..\CE PAG/,: -(Rev. 12/1.')/\)5) NO. 01232997 UARIl..JTY,$ I, OO(). O() PEE .$100.00 SUBJECT TO THE F.XCLUStoNS FIWM C{JVEr~..\GE. nm LIMITS OF LIABILITY AND THE OTHER PROVISIONS OF THI.! CONDITIONS AND STIPULATIONS HE:RETO ANNEXED AND MADE A l)AR'1' OF THIS GUARANTGB. i\Nl'> SUBJECT TO THF. FURTHF.R EXC:I",USION AND LIMITATION THAT NO GV.t\Rt\NTF..ê I~ GIVEN NOR l..If\THUTY ASSUMéO WITH rH:SI'BCT TO THE lDENTITY Or ANY PARTY NAMr~r.) OR REFERRED TO IN SCHEDULr~ A OR WITH RESPECT TO THE V AUDlTY. tEGAL ErfECT OR PRI()RITY OF ANY M¡\ TTER SHOWN THEREIN. STEWART TITLE GUARANTY COMPANY ;l COrpOf:llio ). herein c;¡ c~llhc Compllny. GUARANTEES dle Assllr('ù named in Schcduk .., :'ll~llinsr lII.:luallllonl·lary InNs I1f damll~l: OQ exçr:ecljn~ the Iì:lbjljty .:\IllO\lnt SWll'd ill Schedule ..\ whkh Ihl; AllSufCÙ ~;hall1am:ljn I)y r~;lS( O I)f ;lilY iIlCI)rrCCHlt:sS ¡lIlhe aSSllr;UlCc.~ ~;Cl li)rlh ¡II Schcdllk A. " P.J;l'ccliv(! Date: November 03, 2004, 7: 30 a. m. J-"unt,'."rt1 l\'p,,,,<,. " \:~Y~,",,:.._~.Ò~),9.::~;:~-:-~:~:~::--='· ;~uthL»:.t ~ l\..\ l"~tJIJlII..P' H i tt1MJ';'!U" .~ STEW ,\R'I' TI'I'I.F. OF C:"'.IFORNI¡\. INl'. f'W''''1 11); S.'II~IUY ..\r Cl) llr( tl STEWART TITLE GI.lMANTY COMMNY .;~1n$... l~I.'·· ... ·...it..._... I 'Of.' ...O·'OIlA ...~\ ic:~ "')l \ ~l I::::' -,..- ':1:...c~ \.~··~~:~~.~.~···~·7 ~,." "~~-C-S~~" r-'(~~ r''''( .''Jtlnl~·!.':C~: Gllßr:lIlIl!l! š~;¡;;ïÑ;;-():ï2i1----i72:i5-··'·---'--·--'-· ~©[?)V SCHEDULE A Mechanic's lien Guarantee CLTAGuarantee No. G·2222· 000017225 DATE: 11- 03 - 04 at 7: 30 a. m. LIability: $ 1,000.00 Foo: SlOO. 00 Ordor No.: 01232997 The assurances referred to on the face page hereof are: 1. Name of Asœurêd: ColEman Homes, Inc. That, according to those public constructive notice of matters relating lalld described herein, there are no record~ to the which title impart to the Notices of Completion Notices of Cessation of Labor Not-:i.ces of Non-Responsibili.ty Clai1'ns of statutory liens fo,r labor or mate:x;-;i.als (other than such Claims for which a rele~se appears in said records), or Notices of the' pendency of actions to £oreclo~e such liens, recorded subsequent to February 4, 2003, which purport' to affect said land, other than those shown below under Exceptions. See Exhibit "A" attached hereto The land referred to in this guarantee is described as follows: Exceptions: See Exhibit "A" attached CC(Q)~W ~ ~ STEWART TITLE of C~lli1'()rnin, Inc. Noven~er 11, 2004 Coleman Homes 5251 Office Park ~r., #200 Bakersfield, CA 93309 Attn: Gloria Chacon Policy No. : Ordez: No. IJoan No. G-2222-17226 01232998 Traet No. 6077, Pha~e 6 With regard to th(,above-reférenced order n'lUIlber, we are pleased to enclome the following item(s): (X) Mechanic's L~en Guar~ntee (and copy) We eonsider it a privilege to have this opportunity to work with you on this transaction, and trust that it has been handled to your sati$faction. We look forward~ to assisting you again in the future. Please contact us if we can be of any further service. Sincerely, Stewart Title of California( Inc. Kern County Oivioion By'-~~:_" Maggie G~~:' :-\1(:WMl'rille nf C:llifOfllit., Inc. ,57()'1 TruxLlIO '\v\l71IlJ!. Suitl) 200 linl'er,~ti('l<l, c:\ . )~tWÞ Wi! lnl.fil)J l www..çt4·wartbtlk.~l)m ~(())@~/.7 (l,T..\ (.f1AR,~NTr-.E F,\CI!. PAGE, . <lll:v, 1~~/I.'i/',I,Sl NO, 0 123 299 f.1 Lli\ßlLll'Y $ 1 f 000.00 FE'£-; $100.00 SUUJEC' ' TO THE f,Xr.LUSIONS F)WM COVERAGE, THE l..lMfTS OF Ut\BfLlTY ANt) THI~ OTHEI{ PROVfSIONS OF Tl Œ CON()IT!ON~ AND STIPULATIONS HERETO ANNEXEL'> AND MAI)E A PAin OF TillS úU,.\RANTrm. AND SUBJECT TO THE FURTHER ßXCt..USION AND I..IMITr\TION THAT NO GUARANTEE IS GIVEN NOR Uì\ßILlTY A.SSlJMEO WITH Rf:~) >F.r:T TO nm IDeNTITY OF ANY PARTY NAMED OR REf£::RRED TO fN SCHEDULF. ¡\ OR WITH fŒSPECT To THE V Al..lDITY. LEGi\f. EFFECT OR PRIORITY OF A.NY MA'ITER SHOWN THEREIN. STEWARrr TITJ.;E G(JAJ~ANTY COMIlANY :1 cnrpnrmil,ln. h~rein c;ll1<:d the CmnptlllY. GUt'RANTëI:!S 11\\: A,Sliurcd nilm~'¡j ill Schedule t\ al~(\jll:sl aClu.LllIlulI\.'tary lll:;s Ill' ll'IIll:l¡tl: not uxcccllilll~ the liilhìlilY itllll,,,"t slah:d ill Schcdlllt;: ¡\ w[¡lchllll: ¡\:¡:>ur~:Ü :;1 III II ~;L1IlIHjll hy n:a~llI) Ill' allY II1Clln\:~~lnl,:1;$ in fh~: as:¡IlI';¡IIl':C1; sul forth in Schedule A. Efl'ccl.jv~~ 1);'111:: Nnw-Hnber 03, :2 004 I "::,0 a. m. ....... ct·· ~ ." '" , - ...~~ ,()~ CI)~¡/:O\l:1I1 ..(. I~tl':. Ll~""" t~:)11U1~ r'"'·S i':Jnef.l· J~¡"~J.'~\~ I (\'\ ,.!~ ..c, (- ' ,. y ", 'II 'A/·j) ,;r ..~.A..".", -----, "'. ~\, J, ..' \......... ...._---~..-.......,;..__.. ......._~-,,----_.-................. . .. ^ut;n.,t.·~ ;";I"d <):lI.lll.t:.tt'Xr:ll"UMt\lL\' Sll£W AnT TI1'l.ß or r.:.~I.l¡':ONNI,\. INC. A¡:Clll Ir): ~alll:lll)' 1,1 CIUllrlK~1 STI!;WART TITLE GlI^ll/\NTY C:Ul\'Il'ANY "'\1~~ ... '\.,~.;.l'.!',,~ l~..· .... ..;r....\ {'I;/+.(,O'.'''''Jo. \~, . ..,:' ..*_ \'þt-f.3 '';.\ l' 0 8 j~ïf '\ .. ..- ;. .... '. f ,." "\.. ~'p;¡;:; . / ~.,.; , .... "-~;;;,;s;;;~ï~;'.-fj.~i~~:' P2':!b -~~~,-_. ~ T 'e)!';;" ;¡&:....al ~ )t"-.!':e':. ""G~~ rr~:)"\~: tr \( )I~'" \. '--J"") ',,__j ./ ,ì, ~ .............._".f · .' SCHEDULE A Mechanic's Lien Guarantae CLTA Guarllntø61 No. G·2222· 000.017226 DATE: 11-03-04 at 7:30 a.ln. L.lability: $ 1, 000 .00 Foe: $100.00 Ordor No.: 0123299 e The assurances refe.~ed to on the face page hereof are: 1. Name of Assured: ,Coleman Homes, Inc. That, ii1ccording; to those public reco;t'ds which impart constructive notice of matters relating to the title to the land described herein, there are no Notices of Completion Notices of Cessation of Labor Noticl1'll':l of Non-R~Rpon:;ib.i.lity Claims of statutory liens for labor or materials (other than such Claims for which a release appears in said records), or Notices of the pendency of actions to foreclose such liens, recorded subsequent to September 3, 7.003, which purport to affect said land. other than those shown below under Exceptions. See Exhibi t "A" at taö'hed The land referred to in this guarantee is desc.ibeë as followø: Exceptions: See Exhibit "AU attached ~(Q)[PW 'I STE"V ART TITLE of C~lifol'l'lia~ Inc. Noven~er 11, 2004 Coleman Homes 5251 Office Park Dr., #200 Bakersfield, CA 93309 Attn: Gloria Policy No.: Order No. Loan No. G·-2222"17227 01233001 Tract 6077, Phase 8 With regard to the above-referenced order number, we are pleased to enclose the following item{s) : (~) Mechanic's Lien Guarant~~ (and copy) We consider it a privilege to have this opportunity to work with you on this transaction, and trust that it has been handled to your satisfaction. We look forward to assisting you again in the fUþure. please contact us if we can be of any further service. Sincerely, Stewart Title of California, Inc. Kern County Division 8 . ~~\.-L . y Maggie do~ì.-,--·_-",..·"".. St('\V:lrt Titl~ Ilr C:llifomill. Irl\~. 57411 Trull'lllll ¡\"I)I\\I\:, Suite 200 IMwrsfi~hl. ('/\ 93309 {tit; I )3'¿2·tillll www.lllIlWnrlh.ll(.cnlll ~(Q)~)f I.:'....n. (: ,/t' ,It\NT':r~ I-'M:r-: I'M~r: ' (II,..v NO. 01. '-3 3 0 () l LIABILlTY.$ 1,000.00 ,;'/ FEE $ 100.00 SUBJECT TO THE F.Xr.UI510NS FRorv COVERAGE. TilE LlMJTS OF UABILJ'J'Y ANI) THE OTHF.R PROVISIONS OF THE CONl)ITrONS AND STIPULATIONS I-IEF,.hTO ANNEXED AND rvtADB r\ PAIn OF THIS GUARANTEE. AND SUBJECT TO THE FtJHTi lER EX.Ct.t.1SJON ANI) UMJTATION THAT NO GUARANTEE IS GIVEN NOR UMHUTY :\SSUME:D WITH RESJ,)ECT 'ro THE IDENTITY OF ANY PARTY NAMEO OR REFERIŒD TO IN ~:CI-ml)ULE A OR WITH RESPECT TO THE VALJDlTY. LEGI\!... F.FFECT OR PRIORITY or: ANY MATrEl~ SHOWN THEREIN. STEW.ART TITJLE GUARANTY COMPANY :I cllfporalillll. herein c;\lkd the Omlpauy, GUARANTEES thl~ A¡mun'd named in Sdll:dnk i\ againm :l(:lIl:l1 \ll',',er:II'Y 10m; () ' c1amí1.~t.· f),)i:;tcwlling I H~ liability ¡lmoullt llfllf.ed in SCIH:\IIlIt: ^ which (il\~ ¡\~::lIf\:;(llih¡¡lIliU¡;laill hy I'CaSUIlIl ' allY i 11\;11 rrc' ·':a:lm ¡lithe :¡SllUr;'¡IlCCI: ¿jel l'" rth in Schedule ¡\. .f..' '. , Effcclivc Dale: Nov(7!mb{::r 03 I 20 () 4 I 7; "3 0 i:l. m. Sanctity "" (:\'II(lflcl STEWART TITLE (;IJ¡\H¡\NTY COMl'ANY ~- - ---.. . ...U,.~·.~).~~ l~h.:d 1'"..(, <.'1: C,\';:-i;,::";;:;C '::-';UU;'t',l.I,U l\,:IMII J ~'" .~, (\')1'1 !\,r'~.l,:'" I ,__ '". ^ 71..,1.,,\1 '" """"-"'1"--- . 'V',.' '- ' " ,......_,,,.. '.......,.. .. . /.1I1.h·" I ~~"r] ::"" 1111'1'" r":'I iqn,'I"':T:" STI~W'\IU' 1TIU~ OF C:\LIFORNlA.IN(" ^g'~JU LD: .....~ ....~~.tt~lIof.... l ~...,. .... .... ~ \ {':!: t,(I"'o,... \~\ ...; '" .. ..... ( ...." - - ~-'9"" J-' Y". ,\"'\ I 9 0 8 /;; . .'. . e. __ ~5~~1 ~~#~- 'r"(~~' \'~',:,:¡, d/~n:-.!:e·:. liU:1ff"lI~O: S...ri:ll N\\, G,:~nz. \7227 cccgCQ),\~? SCHEDULE A Mechanic's Lien Guarantee CL" A Guarantoo No. G-2222· 000017227 DATE: 11-03-04 al: 7:30 a.m. Liability: $ l, 000 . 00 Fe/}: SlOO. 00 Order No.: OJ.233001 The assurances referred to on the face page hereof are: 1. Name of Assured: Coleman Homes, Inc. That, accordi.ng to those public constructive notice of matters relating land described herei.n, there are no records to the which title impart to the Notice~ of Completion Notices of Cessation of Labor Noti.ces of Non-Rl:?sponsi.bili ty Claims of statutory liens for labor or materials (other than such Claims for which a release appears in said røcords), or Notices of the pendency of actions to foreclose such liens, recorded subsequent to July 1,2003, which purport to affect said land, other than those shown below under Exceptions. See 8xhihit »A" attached hereto The land referred to in this guarantee is described as follows: Exceptions: See Exhibit "A" attached ,,' :. f; . CCCQ)~V- '. STEWART TITLE of Colifol'nia, 111(:. November 11, 2004 Coleman Homes 5251 Office Park Dr., t~20 0 Bakersfield, CA Attn: Gloria Policy No. : Order No. Loan No. G-2222-17228 01232999 Tr~ct 6077, Phase 10 With regard to the above-referenced order nu.rnbe:r, weare pleased to enclose the following item(s): (X) Mechanic's Lien Guarantee (and copy) We considér it a privilege to have this or~ortunity to work with you on this transaction, and trust that it has been handled to your satisfaction. We look forward to assisting you again in the future. Please contact Us ~£ we can be of any further service. Sincerely, Stewart Title of California, Inc. ::~~ouu~~~r Maggie Gomez St.OW:lI'l Til"l f)f Californill, fll\:. 5701 l'rlllc.lull ^"<:/lUIl, Suite 2f1f1 UIII"m~nl!ld, Cf\ I)Jll)!) , «(i6 I ,1.t!2-(iO 11 wW\Y .1'I,IJWllrtbnlt .COIl1 CC~ð'Oë::;)'\\, ,/'; -!/ r'--- '. , I , - : '. NO. 01232999 LlAlllLll'Y $ 1 f 00 0 . 00 FEE $ lO 0 , 00 StlBJECrTO THE EXrLUSIONS FROM COVF.RA(ìF., THE LIMITS OF U^Hll..l1'Y AND THE OTHER PROVISIONS OF THF. CONmì'IONS AND STIPULATIONS HERBTO ANNEXED ANI) MADF. A T'A.I~1' OF TI:HS GUARANTEE. AND SUlImCT TO TI'IL! FURlllER EXCLUSION AND UMITATfON THAT NO <.il./ARANTt:E IS <.TlVEN NOR LlABIUTY i\SSUMED WiTt,' RESPECT TO THE IDENTlTY OF ANY PARTY NAMED OR. 'REFEfHŒD 1'0 rN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECTOR PRIORITY OF ANYMA'nER SI·(')WN THEREIN. STEWART TITLE G U ¡.\ RA N T Y COM PAN Y ;1 cl.IrpUralÏt111. hcrein callcd the Olmp:my. GUARANTEES Ihe 1\.~~il1n:d n:ll1\t:d ill Schedule!\ :If,.aill:5t o~~I\lí.tllll()lIl·ta 'y l\l~s Ill' 11:1IJ1:.I,uC !lot c,'ccccliJ1~, Ihc liahilj[v :1II'1tl1l11l :,r~tlt'd ill SChedule A whidl \hl~ i\1i:-;UI'L'U ~;¡';¡ll sU:i\:lin hy rt:lt:MIII,r allY int.:llrn:I:ll1c:;S in fh\: 'IS:~Ilr:lIl1:\;:' sel, rlll'lh ill Schelln\\; 1\. Erb:livc D:ttt!: Növr:~/IIbe.l:· 0'3, 20<H, 7: 30 ù. m. .~~n(IÍlY Ill' <:¡)llIt;I~1 STEWART TITLE: t~:.~L1n:.(1'·H i toJlH",t I ...,~-\.-.'^ I ,(~O þ,f~)-(.~ ,t .r--.--. 1... . ... A._-II"'\. .'_ ,-.i.':;) ,.., _ '" " -~-..........__._._-"-,,--_._-,--,,.... " l....l,lt:r.I.)J:.i.'l..l1ll..l 1.:'...'\.11\'.·~1.:' i,CJIIIÞt."f Io' $'l"n\V{\I~, , m·t. '¡ r)F eM,WORNI". INC. t\Þ,(t:1I1 Ill; (ïtlf\n.¡\NTY Cr)MI'.'\NY "'_~ l'... \:}~.~(¡.."'.... t ,:........ ... '..;.'1. \. £ <r,õ .;,°.'11.4 \~, .;t.~ oL ~.~. ¡.... -..- '~'~l 'l=-~. 1908 .!~l '. ;-'. ... .,,"',- \..... I-';'v-;'" -, ,~~..., -~~.d~~.. rJ'(~ l'::'m'; ~ll:"~[': (;11111';llIh:( Sel'ml Nt,. ti·~!'.!·.!:!· 172'2S ~(é5)rT~~)":\ / ~~-'"' ,. SCHEDULE A Mechanic's Lien Guarantee CL TA Guarantoe No. G-2222- 000017228 DATE: 11-03-04 at 7:30 a.m. L1ablllty: S 1,000.00 Faa: $leO . 00 Order No.: 01232999 The assuranCQS referred to on the face page hereof are: 1. Name of Assured: Coleman Homes, Inc. That. according to those public constructive notice of matterB relating léU'id described herein, there are no recorda to t.he which impart ti. tle t.o the Notices of Completion Notices of Cessation of :Labor Noti c.e:;: of. Non-Respcms~.b;i.li ty Clai~$ of statutory liens for labor or materials (other than such Claims foT. which a release appears in said records), or Notices of the pendency o£ actions to foreclose such liens, recorded subsequent to April I, 2003. which pUJ;'port to affect said land, other than those shown below under Exceptions. Sée Exhibit "A" attac:hød hereto The land referred to in this guarantee is described as follows: Exceptions: See Exhibit "A" attached ~Yc~è2)~i? ~~¿JLJ L· October 14, 2004 John Stinson City of Bakersfield, Department of Public Works 1501 Truxtun Avenue Bakersfield, CA 9330 I Re: AD 01-3 - Westlake Area Improvements Revised Submittal #1 In regards to the recent letter [rOl;l Wilsoll & Associates, dated 7/14/04 willi outstanding items to be resolved. Lennar Homes will be subnùtting the additional information and/or revisions where applicable as notated below. 1. Additional items to be subnútted: a) See enclosed copies of invoices for Soils and Materials.Testing and Report: A. Olive Drive Krazan & Associates Krazan & Associates . Krazan & Associates Krazan & Associates Krazan &.. Associates Krazan & Associates Krazan & Associates B. Verdugo Lane Krazan & Associates Krazan & Associates Krazan &.. Associates C. Reina Road Krazan &.. Associates Mr. Stinson 0263790-534 0262533-534 0262798-534 0262477-534 0261996-534 0261810-534 0261720-534 0262359-534 0263979-534 0263346-534 0261904-534 $4,857.50 $1,800,00 $1,440.00 $1,536.50 $1,867.50 $1,253.75 $ 424.75 $13,180.00 $2,895.00 $1,537.50 $3,702.50 $ 8,135.00 $ 2,703.00 $2,703.00 b) Notice of Complet5~m: Per Brian Alexandta', all of the off site improvements for the ADO 1-3 WestIake Area were included in the scope of work fOf- Tract 6077 Unit I as required by the City of Bakersfield. Hence, additional'Notice of Completions for the Units fronting Olive Drive, Verdugo Lane and Reina Road should not be required. Per my conversation with Dejan Pavic, he will research and confirm that all of the aforementioned improvements are in fact included in tbe scope of work for Unit 1. ' e) Mecbanic's Lien Guarantee: . Due to the fact that all improvement for ADO 1-3 Westlake Area were included in the scope of work for 6077-1 off site, no additional Mechanic's Lien Free Guarantees were provided. Per conversations with Dejan Pavic, Lennar Homes has ordered this document for the phases fi'onting Olive Drive, Verdugo Lane and Reina Road and wíJJ submit upon receipt. (To follow: 6077-2,6077-3,6077-6,6077-8 and 6077-10.) ~ (it. (Ç(Q)[F)W 1 5251 Office Park Drive, Suite 200 . Bakersfield, CA 93309 1'1ain: (661) 146-1141 · Fax: (661) 326-1139 · lennarfamily.com 2. Items not eligible for payment: a) Construction Contingency: "The COllstruction contingency line items on each of the three sheets have been deleted from the spreadsheets and Exhibit A (Application and Certification for Payment), b) Median Curb in Olive Drive: Since the Median Curb was not part ofthe original scope of work and we have exceeded the ADO 1-3 Engineer's Estimate, $30,184.00 will be deducted from the spreadsheets and Exhibit A under 6" Curb and Gutter. e) View Wall in Olive Drive: [am submitting the invoice that shows that the Block Wall has been raised in Unit 3 froming Olive Drive. Therefore, I would petition thai payment proceed for this portion ($12,973.00 on the south side ($11,500.00 for the wall and $ I ,473.00 for the pilasters, see page 55 oEthe payment request) as well as the new invoice. . Hollingsead Masonry Inv 4848 7/9/04 $12,919.50 At the same time, (12,722.00 on the north side (see page 64 of the payment request) will be removed to avoid "reserves" being set up. See updated spreadsheets and Exhibit A for the new net total $207,695.00 for Block Wall on Olive Drive. 3.Items with big differences between estimates and as requested for payment: a) Pavement and Sidewalk in Olive Drive: Please note that the quantities for the pavement have been modified as per the following calculations given by Brian Alexander to substitute the previous % calculations, per bid on page 28 ofthe payment request (106,400 sfx $2.23/sf= $237,272.00). The big difference in the actual versus the estimate is justified in that the estimate was done prior to commencement of work and approved plans from the City. The Sidewalk in Olive Drive calculations have also per Brian Alexander and have been modified and shouldsubstitute the calculation per bid on page 31 of the payment request (16,990sfx $1.881sf= $31,941.00). See updated spreadsheets and Exhibit A. b) Block Wall Monuments in Olive Drive: Similar to item 3.a., the estimates were just that "Estimates". The estimates that were set prior to approved Street Plans and commencement of work were on the lower end ofthe spectrum and the Actuals, per attached invoices pages 51-64 of the payment request are what truly reflect the acquisition of the City. There were 13 monuments installed and billed in the Westlake Area of ADOI-3 ranging from $9,800.00 to $4,500.00. c) 8" Sewer Line and Manholes in Verdugo Lane: The calculations for the above have been modified and should be substituted see page 39 of the payment request. The 1040' should now show 620' x $15/f= $9,300.00. In addition, the manholes have been reduced to 5, previously showing 6. The 5th manhole is shown on attached map on Olive Dr at Bridaveil Falls Way. d) 12" Water Line in Verdugo Lane: The calculations for the above have been modified and should be substituted see page 42 of the payment request. The 2220 If was inclusive of the tie in to Reina Road, of which was not included in the scope of work. Therefore, I have reduced the calculation to show only the I 200lffor Verdugo Lane only. (1200 Ifx 22.00 = $26,400.00) e) Sidewalk in Verdugo Lane and Reina Road: The Sidewalk in Verdugo Lane has been modified and should be substituted see page 31 of the payment request (Actual 15,035 sf x 1,88 = $28,266.00). There was a typo in the estimate, which should have been 15,235 rather than 1,235, hence the big difference. 2 CC(Q)~W The Sidewalk in Reina Road has been modified and should be substituted see page 3 I of the payment request (5210 sfx 1.88 :;,$9,795.00) 4. Discrepancies between slll'cndshcets and invoices: a) Gmding (Roadway Excavation) in Olive Driye: The summary spreadsheet and Exhibit A have been modified to reflecl the amount shown on page 20 or the payment request $24,150.00. b) Grading (Roadway Excavation) in Verdugo Lane: The summary spreadsheet and Exhibit A have been modified to reflect the amount shown on page 20 of the payment request $13,483.00. 5. Contractor Overhead: Attached is the recalculated Contractor Overhead Invoice that has changed per items addressed above. If you have any questions, please do not hesitate to contact our main offiee at (66 I) 326-1 141. Respectfully submitted, LEflA~ HOMES OF CALIFORNIA, INC. ~!l' Gloria A. Chacon ~ Cost Accountant cc: Dejan Pavic, Wilson & Associatesl Tony Hogg/TomDeelBrian Alexander 3 ~(Q)[P)W Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 July 14, 2004 29-593A Gloria A. Chacon Land Development Project Coordinator Coleman Homes Lennar Bakersfield, Inc. 5251 Office Park Drive, Suite 100 Bakersfield, CA 93309 Re: City of Bakersfield Assessment District No. 01-3 (Madison Grove / San Lauren / Mountain Vista / Westlake) - Acqui~ition Payment NO.1 Processing for the Westlake Area Dear Gloria: As you already know, Wilson & Associates has been retained by the City of Bakersfield to review and process your payment request submitted to the City of Bakersfield on June 7,2004 (which we received on June 23, 2004), for the improvements completed in the Westlake Area of Assessment District No. 01-3 ("AD 01-3"). We have completed our preliminary review of this request and need to clarify the following items in order'to be able to finalize the processing before the City can issue a payment to Coleman Home3, for the completed improvements and related expenses. The line items that are referenced below correspond to the line items in the AD 01-3 Final Engineer's Report Exhibit B, Table B-IT-E, and to your spreadsheet, as submitted to the City Public Works Department on June 7, 2004. Most of the below-described items are the ones we discussed in our telephone conversation on July 12. 1. Additional items to be submitted by Coleman Homes: a. Copies of invoices for the following items oflmprovement Incidental Cost: Soils and Material Testing and Report (Item A.i. for Olive Drive Improvements, Item B.i. for Verdugo Lane Improvements, and Item e.g. for Reina Road Improvements). Please note that those invoices should show the actual amount spent on those items, and not necessarily the exact amount of the estimated 2% of the Total Improvement Cost and Contingency. b. Notice(s) of Completion: Your June 7 submittal contains a Notice of Completion for Tract No. 6077 Unit One. However, the improvements requested for payment are located also within several other phases of Tract No. 6077 fronting on Olive Drive, Verdugo Lane, and Reina Road. As we ~(Q)[?)W ; . Gloria A. Chacon July 14,2004 Page Two discussed, either provide City issued Notices of Completion for all phases of Tract No. 6077 fronting on those three streets, or have the City issue a "Street Permit" for those improvements (a format of a Street Permit providing eligibility for the AD 01-3 acquisition payment only). c. Mechanic's Lien Guarantee: Similar as with Notice of Completion described under paragraph 1.b., your JlUle 7 submittal contains a Mechanic's Lien Guarantee for Tract No. 6077 Unit One. However, the improvements requested for payment are located also within several other phases of Tract No. 6077 fronting on Olive Drive, Verdugo Lane, and Reina Road. As we also discussed, please provide Mechanic's Lien Guarantee(s) for all phases of Tract No. 6077 fronting on those three streets. 2. Items not eligible for payment: a. Construction Contingency: The Construction Contingency item (in each of the three streets) can not be approved for payment as a separate item. It is intended for covering overruns in the approved improvement line items. b. Median Curb in Olive Drive: It appears that an item shown on the invoice on page 31 of your submittal in the amount of $30,184.00 (4,343 feet at $6.95 per foot) represents a median curb in Olive Drive. Please verifY if this is correct. Ifit is, this item was not a part of the original scope of work for Olive Drive approved in the Final Engineer's Report, and, therefore, can not be approved for payment at this time. However, if after all eligible improvements are paid there is money left in the Westlake Area improvement fund, you may request payment of this additional item. c. View Wall in Olive Drive: Until the view wall constructed in Olive Drive (on both sides) is raised up to its full height of a permanent block wall, this item is not eligible for payment. Therefore, the total amount requested for payment of the view wall ($12,973.00 on the south side ($11,500.00 for the wall and $1,473.00 fot the pilasters, see page 55 of the payment request), and $12,722.00 on the north side (see page 64 of the payment request)), plus the same amolUlt estimated to be needed to raise that wall up to the full height (a total of $51,390.00) will be "reserved" (and kept in the AD 01-3 improvement fund for the Westlake Area) until these portions of the block wall are finished, and the City accepts/acquires those improvements. (Ç©~W , . Gloria A. Chacon July 14,2004 Page Three 3. Items with big differences between estimates and as requested for payment: a. Pavement and Sidewalk in Olive Drive: It appears that the quantities requested for payment of those two items cover a larger portion of Olive Drive than what was shown in the AD 01-3 engineer's estimate and the Colman Homes assessment district application. Please verify. Enclosed for your reference is a copy of a map showing locations of street improvement for Olive Drive, as included in the assessment district application. b, Block Wall Monuments in Olive Drive: Similar to item 3.a" it appears that the quantities requested for payment of this item cover a lot more block wall monuments in Olive Drive than what was shown in the AD 01-3 engineer's estimate (two were estimated at $17,953.00 each), Please verify. c. 8" Sewer Line and Manholes in Verdugo Lane: The sewer improvement plans for Verdugo Lane show 620 feet (plus 147.14 for two stub. outs) of 8" sewer line, and your request shows 1,040 feet. Also, same plans show 4 manholes, and the request shows 6. Please verifY the location of the additional quantities. d. 12" Water Line in Verdugo Lane: The AD 01-3 engineer's estimate for this item shows 260 feet, and your request shows 2,220 feet (the lengtþ of Verdugo Lane between Olive Drive and Reina Road is approximately 1,200 feet). Please verify the location of the additional quantities. e. Sidewalk in Verdugo Lane and Reina Road: In both locations the engineer's estimate for this item shows about one half of what is requested for payment. Please verify the location of the additional quantities. 4. Discrepancies between spreadsheets and invoices: a. Grading (Roadway Excavation) in Olive Drive: The summary spreadsheet and Exhibit A (Application and Celtification for Payment) show $21,001.00 for this item, and its calculated share on the copy of the invoice (page 20 of the payment request) shows $24,150.00. At the time other issues in this letter are resolved, this needs to be corrected on the updated Exhibit A (and throughout the payment request). ~(Q)~~/7 ~ :.' -'. .. Gloria A. Chacon July 14,2004 Page Four b. Grading (Roadway Excavation) in Verdugo Lane: Similar to item 4.a. above, the summary spreadsheet and Exhibit A (Application and Certification for Payment) show $11,725.00 for this item, and its calculated share on the copy of the invoice (page 20 of the payment request) shows $13,483.00. At the time other issues in this letter are resolved, this also needs to be corrected on the updated Exhibit A (and throughout the payment request), 5. Contractor Overhead: Once all of the above-described issues are resolved, we will recalculate the Contractor Overhead item to match 10% of the total cost of items approved for payment (up to the maximum amount available for payment of the Westlake Area improvements). In order to complete the payment request processing we need to get your answers as soon as possible. Please call with any questions or comments. Sincerely, ~ Dejan Pavié Wilson & Associates cc: Brian Alexander Tom Dee Tony Hogg John StinsonlMarian Shaw ~(Q)[F)W ·_...J \ . j-----.; ,-.I \~ ~~""~..r;'" ~:¡U~~~~~':', .-..~""~~~.; ~ © 'W1 ..s{__.. ;- i i ~ " \" '~./~. . \ ~ ' , ',. \. ------- -.~- -------;:---.---- :.... , \, ~ \ "'\ \ ~\ ~ \\ <'0 \. 0\ "'?.>. \, 1; ~\ ~ çz '\ r;.¡, ~\ 0 ~\ ~ "'1)..\,. ~ 1""\\ '\.,. , "'Z .\ ~\ ý\" ........... '. .....'...... '. ........ \ \.. \ \. ~ ~ ~ \ \\ \ O</k ~Ò ~/J.;~ \ '. \\ \ \ \ \ \ \ '" OLIVE DRIVE (Gradlþll, StormDralD; Water, euñ/GuUer Pavlall, Bloekwall, Streel lJgbfs) " VERDUGO DR!VE(GradIDll, SlormDnla, Water, CUrfl/GuUer PavlDg, Bloekwall, Sinet Ughls) .......,. '. REINA ROAD (Gradlug, Curb/Gutler, Pañall, Bloc.....1I) ..... '\ \ APN NO. 493-010-12 ~ REINA ROAD ~ ¡- ! ~ --..---...... CC(Q)~W VERDUGO RD.