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HomeMy WebLinkAboutPayment 01-3 Olive Park II Æ . - BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Sharon Traynor, Accounting Clerk II FROM: ~ DATE: Marian P. Shaw, Civil Engineer IV December 21, 2004 SUBJECT: ASSESSMENT DISTRICT NO. 01-3 PAYMENT REQUEST ******************************************************************* The City has received a written application request from the developer that the improvements referenced on the attachment are complete and have been accepted by the City. Documents included contracts, change orders, paid invoices and other documentation establishing the actual amount paid by the developer, thus establishing the Acquisition Price at actual cost. In Addition, the developer has provided the City a Mechanics lien free endorsement as per the requirements of the Acquisition Agreement. Therefor, please find attached the Application for Payment of improvements for Assessment District No. 03-2, Olive Park II Area Acquisition Payment No.1 Processing. Wilson and Associates was retained by the City Public Works Department to review those applications for payment from bond proceeds for this Assessment District. Completed Items as per Exhibit "A" of the Acquisition Agreement: (See attached request). $417,420.25 Send $ 417,420.25 to: Olive Park Land Company P.O. Box 20247 Bakersfield, CA 93390 Attention: Michael Spickler xc: Nelson Smith, Assistant Finance Director Bob Sherfy, Deputy City Attorney 03-2reimb I.doc prepared Tuesday, December 21, 2004 4:39PM Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 November 16,2004 29638-A John StinsonlMarian Shaw Public Works Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Re: City of Bakersfield Assessment District No, 03-2 - Olive Park II Area Acquisition Payment No.1 Processing Dear John and Marian: Wilson & Associates has finished our review process of the payment request for the approved improvements completed in the Olive Park II Area of Assessment District No. 03-2 ("AD 03-2"), based on the payment request date-stamped October 26, 2004, and the updated submittal dated November 9, 2004 (collectively, the "Application"), submitted by Olive Park Land Company (the "Applicant"). This letter and recommendation for payment pertain to all Olive Park II Area improvements, classified as the "Old Farm Road - East Side (Tract No. 6117 Unit One Frontage)" and the "Tract No. 6117 Unit One On-site Improvements" in the Application and in the Final Engineer's Report for AD 03-2 ("Engineer's Report"). After reviewing said Application, we have come to the below-described conclusions and recommendations regarding this Acquisition Payment No. 1 for said improvements in the Olive Park II Area. Enclosed with this letter is a table entitled "Table I, Itemized Improvements and Acquisition Costs Approved for Payment Nö. 1 in Olive Park II Area, City of Bakersfield Assessment District No. 03-2" ("Table I") that presents a 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 03-2 Engineer's Report (which is the acquisition amount funded by the AD 03-2 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 03-2 Acquisition Price under Payment No.1 for the Olive Park II Area. Also enclosed are copies of: (i) the Applicant's "Application and Certificate for Payment" form (date- stamped October 26,2004) and the supporting table, (ii) the City issued Notice of Completion for Tract No. 6117 Unit 1. (iii) the Applicant issued Notice of Completion for Tract No. 6117-1, and (iv) the Chicago Title issued "Mechanic's Lien Guarantee" for Tract No. 6117 Phase I. John StinsonlMarian Shaw November 16, 2004 Page Two The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the completed AD 03-2 Olive Park II Area improvements per said Application is $417,420.25, all as itemized on the enclosed Table I and summarized below. The following is a recapitulation offunds recommended for payment under this Payment No, 1: Improvement Acquisition Item A. Old Farm Road - East Side (Tract No. 6117 Unit One Frontage) a. Street Improvements b, Subtotal Improvement Cost c. Construction Contingency d. Incidental Cost e. Totals B. Tract No. 6117 Unit One On-site Improvements a, Street Improvements b. Storm Drain Improvements c. Subtotal Improvement Cost d. Construction Contingency e. Incidental Cost f Totals AD 03-2 Approved Amount Amount Requested for Payment Amount Approved for Payment No. I $ 47.498.75 $ 523.460.74 $ 47.498.75 $ 47,498,75 $ 523,460.74 $ 47,498.75 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 47,498.75 $ 523,460.74 $ 47,498.75 $ 203,586,50 $ incl. in A. a. $ 203,586.50 $ 166.335.00 $ 184.468.70 $ 166.335.00 $ 369,921.50 $ 184,468.70 $ 369,921.50 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0,00 $ 0.00 $ 369,921.50 $ 184,468.70 $ 369,921.50 C. Total Olive Park II Area Improvements $ 417,420.25 $ 707,929.44 $ 417,420.25 As also described in notes on Table 1, the above-summarized amounts are based on the following findings: 1. Items labeled "I" in the Table I notes column are the items funded in the AD 03-2 Engineer's Report which were billed together with other items (on the same invoice) in this Payment No. I request. 2. Items labeled "2" in the Table 1 notes column are the items approved for payment at this time at a lesser amount than requested (up to the maximum amount available per AD 03-2 Engineer's Report for payment of all completed improvements in the Olive Park II Area). John StinsonlMarian Shaw November 16, 2004 Page Three Based on the findings described above, and in accordance with the Application, it is the recommendation of our analysis that $417,420.25 be paid and that a check for that amount be made payable to Olive Park Land Company, as the payment pursuant to this Payment No. 1 request for all completed Tract No. 6117 Unit One Improvements (off-site and on-site) in the Olive Park II Area of AD 03-2. 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: Bryan Batey/Michael Spickler l' TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1 IN OLIVE PARK II AREA CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 03-2 DESCRIPTION A. OLD FARM ROAD· EAST SIDE (Tract No. 6117 Frontage) a,STREETIMPROVEMENTS AC Paving Aggregate Base 6" Curb & Gutter MUlti-purpose Bike Trail TOTAL STREET IMPROVEMENTS b, SUBTOTAL IMPROVEMENT COST c, CONSTRUCTION CONTINGENCY d, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY e. INCIDENTAL COST Design Engineering Improvement Bonds Construction Staking Solis end Materials Testing and Report Contractor SupelVision and OverheadlConstr, Administration; Plan Check and Inspection Fees i Construcllon Inspection Fees ! TOTAL INCIDENTAL COST f. TOTAL OLD FARM ROAD - EAST SIDE (Tract No. 6117 Frontage) IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS B. TRACT NO. 6117 UNIT ONE ON-SITE IMPROVEMENTS a, STREET IMPROVEMENTS AC Paving Aggregate Base 6" Curb & Gutter 4" Concrete Sidewalk 4" Concrete Driveway Approach 6" Cross Gutter 12' TOTAL STREET IMPROVEMENTS b, STORM DRAIN IMPROVEMENTS 1001 659 1327 10616 TON 18.00 1 LS (Invoice #1) 285802,84 $285,802,74 CY 10,00 included above in Invoice #1 LF 5,25 1 LS (Invoice #2) 237658,00 $237,658.00 SF 1,50 included above In Invoice #2 $523,460.74 $523,460,74 $0,00 $523,460.74 $0,00 $0,00 $0.00 $0,00 $0,00 $0,00 $0,00 $0,00 $0.00 $0,00 $0,00 $0,00 $0.00 $0.00 $0,00 $0.00 $47,498.75 $523,460.74 TON 18,00 $59,778.00 included above In Invoice #1 CY 10,00 $26,240,00 Included above In Invoice #1 LF 5.25 $48,546.75 included above in Invoice #2 SF 1,50 $49,795,50 Included above In Invoice #2 SF 1.75 $14,726,25 Included above in Invoice #2 EA 1500.00 $4,500,00 included above in Invoice #2 $203,586,50 NIA _L. 3321 2624 9247 33197 8415 3 18" Storm Drain Pipe 693 LF 12.00 $8,316,00 I 693 LF 26,90 $18,641,70 24" Storm DraIn Pipe 1043 LF 28,00 $29,204,00 1043 LF 35,00 $36,505.00 30" Storm Drain Pipe 518 LF 35,00 $18,130,00 518 LF 39,00 $20,202,00 Catch Basin (3.5' opening) 6 EA 2000.00 $12,000,00 6 EA 2500.00 $15,000.00 Manhole 5 EA 1800.00 $9,000.00 I 5 EA 1950.00 ,$9,750.00 Oullet Structure 1 EA 1000,00 $1,000.00 I 1 EA 2500,00 $2,500,00 Catch Basin (3,5' opening) at the Sump 1 EA 2000,00 $2,000,00 1 EA 2500,00 $2,500,00 30" Storm Drain Pipe at the Sump , 55 LF 35,00 $1,925,00 55 LF 39,00 $2,145,00 Sump Excavallon ! 18500 CY 2,00 $37,000,00 1 LS 47000,00 $47,000,00 6' Block Wall around the Sump (0-2' Ret.) 995 LF 48,00 $47,760.00 650 LF 46,50 $30,225,00 TOTAL STORM DRAIN IMPROVEMENTS c. SUBTOTAL IMPROVEMENT COST d, CONSTRUCTION CONTINGENCY e, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY f. INCIDENTAL COST Design Engineering r--- Improvement Bonds I Construction Staking : Salls and Materials Tesllng and Report· I Contractor SupelVislon and OverheadlConstr, Admlnistrallon Plan Check and Inspection Fees Construction Inspection Fees .1- TOTAL INCIDENTAL COST g, TOTAL TRACT NO. 5626 ON-SITE IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS C. TOTAL OLIVE PARK II AREA (TRACT NO. 6117 UNIT ONE) IMPROVEMENT COST (Add Items A and B) a, IMPROVEMENTS b, CONTINGENCY c, INCIDENTALS TOTAL OLIVE PARK II AREA (TRACT NO. 6117 UNIT ONE) IMPROVEMENT COST $166,335,00 $369,921.50 $0,00 $369,921,50 $0.0°1 $0,00 $0.00 $0.00 $0,00 $0,00 $0,00 $0,00 $369,921.50 $184,468,70 $184,468,70 $0.00 $184,468.70 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $184,468.70 $417,420.25 $0,00 $0,00 $417,420.25 $707,929,44 $0,00 $0,00 $707,929,44 D. 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 $417,420.25 $417,420,25 $0,00 $0,00 $0.00 $0.00 $0,00 $0,00 $0,00 $0,00 $0,00 $47,498.75 $59,778,00 $28,240,00 $48,546.75 $49,795,50 $14,726.25 $4,500,00 $203,586,50 $10,508,00 $36,505,00 $20,202,00 $15,000,00 $9,750,00 $2,500,00 $2,500,00 $2,145,00 $37,000,00 $30,225.00 $166,335,00 $369,921,50 $0,00 $369,921,50 $0,00 $0,00 $0,00 $0.00 $0,00 $0,00 $0,00 $0,00 $369,921,50 2 2 $417,420,25 $0.00 $0,00 $417,420.25 Notes: 1, Items funded in the Final Engineer's Report for AD 03-2 which were billed together with other items (on the same invoice), 2, 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 Olive Park" Area), 29638-AWK4 11/1612004 TO: Olive Park Land Company P.O. Box 20247 Bakersfield, CA 93390 PROJECT: AD 03 - 2 Process Date:9/0 1/04 Olive Park Subdivision Street Improvements and Storm Drain ATTENTION: Marian Shaw Contractor: Rosedale Construction Company City of Bakersfield P.O. Box 20247 Iì/ 1501 Truxtun Ave. Bakersfield, CA 93390 '/)!? ~ Bakersfield, CA 93301 ~ fJD' It !l~ Owner'. Application For Payment DC ¡:: II I!!ø~ re' , G 20 In accordance with the Acquisition Agreement No. 03-107a, application for~ A . '04 Payment is made for the foDowing items of work: 1. Street Improvements Tract 6117 "Olive Park" $523,460.74 2. Storm Water Improvements Tract 6117 "Olive Park" $184,468.70 Total Improvement Costs Tract 6117 $707,929.44 Total Cost as Approved in Final Engineers Report $417,420.25 The above items of work are 100% complete. The above amounts are the aetual costs for eaeh item of work as outlined in the Engineer's Report Exhibit B Table B-n-F. Engineer's Certificate For Payment In accordance with the Contract Document, based upon on-site observations and the date comprising the above application, The Engineer certifies to the Owner that the Work has progressed to the point indicated; that to the best of his knowledge, information and belief; the quality of the Work is in accordance with the Contract Documents; and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. (Attach explanation if amount certified diflèrs from the amount applied for.) By: Ro E. Smith R! 35 3 This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Insurance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. Owner's Certification Rosedale Construction Company hereby certifies that the materials or services shown hereon were furnished to the City of Bakersfield: that no part has been paid; that the items of this claim are just and legal; that there is due the undersigned the amount shown hereon. Olive Park Land Company P.O. Box 20247 Bakersfield, CA 93390 ~(Q)(P)W ACTUAL COST COMPARISON A. D. 03-2 DISCRIPTION QUANTITY COST ESTIMATE ACTUAL DIFFERENCE REF # A. OLD FARM ROAD - EAST SIDE TRACT 6117 FRONTAGE a.STREETIMPROVEMENTS A.C.Paving 1001 TON 35 $18,018.00 Aggregate Base 659 CY 23 $6,590~OO:;f$285,802~Sjf 1 6" Curb and Gutter 1327 LF 7.5 ' $6;966.75> Multi..purpose bike Trail 10616 SF 2.25 $15;924:00 $237,658:00 2 TOTAL STREET IMPROVEMENTS OFF SITE $47,498.75 B. TRACT 6117 UNIT 1 ON-SITE IMPROVEMENTS a.STREETIMPROVEMENTS A. C. Paving 3321 TON 18 '$59,n8.00'T Aggregate Base 2624 CY 10 $26,240.00l 6" CUrb and Gutter 9247lF 5.25 '$48,546.75 4" Concrete Sidewalk 33197 SF 1.5 $49,795.50 6" Concrete Driveway Approach 8415 SF 1.75 $14,726.25 6" Cross Gutter 12' 3EA 1500 $4,500.00 TOTAL STREET IMPROVEMENTS $203,586.50 $523,460.74 $272,375.49 b. STORM DRAIN IMPROVEMENTS 18" Storm Drain Pipe 693lF 12 $8,316.00 24" Storm Drain Pipe 1043 LF 28 $29,204.00 30" Storm Drain Pipe 518 LF 35 $18,130.00 Catch Basin 3.5' Opening 6EA 2000 $12,000.00 Manhole 5EA 1800 $9,000.00 Standard OuUet Structure 1EA 1000 $1,000.00 Catch Basin (3.5' Opening at Sump 1 2000 $2,000.00 30" Storm Drain Pipe at Sump 55LF 35 $1,925.00 $107,243.70 $25,668.70 4 Sump excavation 18500CY 2 $37,000.00 $47,000.00 $10,000.00 5 6' Block Wall around Sump 2' Rat. 995 LF 48 $47,760.00 $30,225.00 ($16,n5.oo) 6 TOTAL STORM DRAIN IMPROVEMENTS $166,335.00 $184,468.70 $18,133.70 c. SUBTOTAL IMPROVEMENT COST $369,921.50 $707,929.44 $338,007.94 d. CONSTUCTION CONTINGENCY $0.00 f. INCEDENTAL COST $0.00 g. TOTAL TRACT NO. 6117 UNIT ONE ON SITE IMPROVEMENT~ $369,921.50 $707,929.44 $338,007.94 CONTINGENCY AND INCIDENTALS C. TOTAL OLIVE PARK" AREA (TRACT NO. 6117 IMPROVEMENTS (Add Items A and B) a. IMPROVEMENTS b. CONTINGENCY c.INCIDENTAlS $417,420.25 $707,929.44 $290,509.19 $0.00 $0.00 d. TOTAL OLIVE PARK II (TRACT NO. 6117 UNIT ONE IMPROVEMENT COST $417,420.25 $707,929.44 $290,509.19 (C@[?)W JLEASE COMPLETE THIS INFORMATION I '~OROING REQUESTED BY I ~ 1 for the benefit of the CITY OF BAKERSFIELD James W. Fnch~ Assessor-Recorder Kern County onlciall1ecortS8 Reconled allhe "'!luel' of Public DOC#: 0204117643 TELfORDT 6121/2004 1 :59 PM WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD . CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD. CA 93301 11111111111 FeIS Tax.. Otha... PAID Pages: 1 0.00 0.00 0.00 SO.OO 8tlIt Types: 1 11110 NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was comp-Ieted on that certain ¡:>rQject known as TRACT 6117 UNIT 1Ö for the undersigned agency on MAY 4,2004, located NORTH OF REINA ROAD AND EAST OF OL FARM ROAD. and that said project was accepted by this agency on MAY 7, 2004. The undersigned agency owns the following Interest in said property described aoove: right-of-way and pUblic improvements within the right-ot-way. . The Contractor/Developer on said project was OLIVE PARK LAND COMPANY, and contract . Jer is City of Bakersfield Contract No. 03-229. Please' refer to said contract number on all oo.lImunications relatinQ.. to said contract. The address of the undersigned agency is City Hall. 1501 Truxtun Avenue, BakersTaeld, 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 7,2004, at Bakersfield, California. ~~re-ROJAS Public Works Director By ¡UPDAT\Construdion\NOC\2004\TR 6117-1.doc ~(Q)Gº>~ ' ~ ~AA~)I, o ~', ,),." , . ~. t: Õ f_, OR!<:r:'!'.L ... WHEN RECORDED MAIL TO: Olive Park Land Co. P.O. BOx 20247 BakerSfield, CA 93390 - ---.-.. ... a HUll). f\,).)c:s:sur-l1eCOraer Kern County Oftlclall1ecords Recorded allhe requesl 01 Tlcor Title PATTI 7/30/2004 8:01 AM DOC#: 0204178960 Stat Types: 1 £/7/ &;õÎ)S '11'111'11'1~1'1111'lllllllll Fees Taxes Others PAID Pages: 1 7.00 0.00 0.00 57.00 NOTICE IS HEREBY GIVEN THAT: 1. Th. und."I,ned i, OWNER or ',.nt of tho OWNER of tho inl""t or """ '''''d bolow in tho pro..rty her.ln,ft" d""ib'd 2. Th. FULL NAME 01 tho OWNER i, ClliJL _~ 3. Th. FULL ADDRESS of tho OWNER i, P . O. DO" 2 9 217 B~kcr;;:U al d, C1. 9 J:l9 9 NOTICE OF COMPLETION 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee. (If Othef 'hen fee. strIke "'n fee" and inleq. for exemple. "puro;hoser under COntfeca of purO;h...... or ..,........) 5, Th. FULL NAMES 'nd FULL ADDRESSES 0' ALL PERSONS. if 'ny, WHO HOLO SUCH INTEREST or ESTATE w'th tho undersigned as JOINTTENANTS or âs TENANTS IN COMMON are; NAMES ADDRESSES '. 6. Th. .full n'm" 'nd full 'dd",.., of tho P"d.",,,o,, in int"'$I of tho und'''i,n'd if tho pro..rty w", transf'rred ,ubnqu.n¡ to the'commencement of the work of improvement herein referred to: NAMES ADDRESSES 7. A wo,k ofim",mn¡.nt on the P,o..rty h".in,'", d.",ribed w"' CDMP LETE 0 Ma y 1, , Q Q 4 ) Th. wr~;~~::;::,,~~~~co~~~,~~ de;;I~~~; fOllov;;~~~ i ~;~ ;~~LoO;: o~::~;~~:: ::; ; ; ~~~~ :: . 9. Th. NAME OF THE ORIGINAL CONTRACTOR, iI 'ny, for 'uch work of fmpro"""nt I' J,J., k""¡l ,;~. ' 0 . , 10. Th""m 'dd,,,, of "id prop.rty i, NE corner ef Old Farm -R<>Üd and Raina agacl :.: : 11, Th, P'opertY on which "id work 01 imp,o"m.n, w"' compl"ed f, in tho City 01 !mke< 6 fl..l d Cou n'Y 0' -Kern . St", 0 f C, fi f o'n i,. and f, d",";bed "' follOWS' Tract 6117-1, Bakersfield, CA Date: JUly 27, 2004 Portion of SEe 12 T29sR26e S;gn"u" of ow",,, /) (J, ~ or agent of ownet?::{.;'-;:C71')?, . " ¡:1<'3 Verification tor INDIVIDUAL Owner ) I, tho under,i,ned, decf". und" P'nalty 01 ",;u'Y und" Ih. f,,,, of tho St". of C'lilom;, Ih" I '01 the Owner of Ih. "o""id Int"". 0' """ in the P'Op"ty d"cribed in tho 'bo" notice; th" I h,,, rcad "id noti", Iha¡ , know 'nd und'""nd Ih. COn"n" thereof, and that the facts st3ted therein are true and correct. Dace ana Place (Signatuf. of own.r n.m.d in pereg'aph 21 V"llicatlon 10' NON·fNOiVIOUAL Owner, f, Ih. und'"ign.d, deei're und" pen''''1 01 per;u'y und" Ih. I,w, 01 Ih. 51'" 01 Californl' Iha¡ I am tho '¡;;Iò~ lfðlM~ . . of th",o,"" ,,, in ",..t 0' """ in Ihe P'o""y d.... iboc "PR . ER. MANAGER. AGENT. ETC." 'e 'bo" nOlice; th" f h,,, 'cad Ih. "'d noti.., Ih" I know 'nd und""'nd Ihe ,on'er." 'h".of, 'nd Ihe¡ Ih. I,cts '''''d Ih.rein "'0, and correct. ) /~ / Z? loc..-/ >.c. and PI d {/ ~@[?JW James a. Batey, pres NO. 147160-1 LIABILITY $1 . 000 . 00 FEES 0.00 cmCAGO TITLE INSURANCE COMPANY a corporation, herein c{llled the Company, GUARANTEES THE 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. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. Dared: NOVEMBER 2. 2004 CHICAGO TITLE INSURANCE COMPANY By ~ ~ ~ o-u..:r'\J....A Autl@1zed SigT/QlUre á Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guaran_ tee. 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. ' ) / (C(Q)[j2))f Reorder Form No. 2626 (Repriatcd 1(100) ~ CLTA Gwuantce Fac:c Page (Rev. 6-8-71) Order No. Guarantee \ Liabili ty ; Fee 147160-1 $1,000.00 $0.00 SCHEDULE A Mechanic's Lien Guarantee 1 . NAME OF ASSURED: THE CITY OF BAKERSFIELD 2. DATE OF GUARANTEE: 11/2/04 , at 7:30 a.m. The assurances refer~ed·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 land described herein, there are no,. 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 action to foreclose such liens, recorded subsequent to 07/30/0~ , which purports to affect said said land, other than those shown below under Exceptions. The land referred to.in this guarantee is described as follows: All of Tract No. 6117, Phase 1, in the City of Bakersfield, County of Kern, State of California, as per Map recorded August 5, 2003 in Book 50, Page 60 of Maps, in the Office of the County Recorder of said County. eXCEPTIONS: NONE ~(Q)[P)W