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HomeMy WebLinkAboutPayment 01-3 Olive Park I 4 . -- ') BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ",. r Sharon Traynor, Accounting Clerk II )í{l.7 FROM:\J ~Marian P. Shaw, Civil Engineer IV DATE: October 20, 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. 01-3, Olive Park area improvements. 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). $529,911.00 Send $ 529,911.00 to: Rosedale Construction Company P.O. Box 20247 Bakersfield, CA 93390 Attention: Michael Spickler xc: Nelson Smith, ·Assistant Finance Director Bob Sherfy, Chief Assistant City Attorney o 1-3bateyreimb.doc prepared Wednesday, October 20, 2004 10: lAM \ ) Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 August 26, 2004 29593-B 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 - Olive Park Area Acquisition Payment No. I 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 Area of Assessment District No. 01-3 ("AD 01-3"), based on the payment request dated August 18,2004, and a revised/updated payment request dated August 25, 2004 (collectiveìy, the "Application"), submitted by Rosedale Construction Company (the "Applicant"). This letter and recommendation for payment pertain to all Olive Park Area improvements, classified as the "Tract No, 5625 On-site Improvements" in the Application and in the Final Engineer's Report for AD 01-3 ("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 Area. Enclosed with this letter is a table entitled "Table 1, Itemized Improvements and Acquisition Costs Approved for Payment No. 1 in Olive Park Area, City of Bakersfield Assessment District No, 01-3" ("Table 1") that presents a comparison of the cost of improvements to be acquired as they were estimated and shown on Exhibit B, Table B-II-F of the AD 01-3 Engineer's Report (which is the acquisition amount funded by the AD 0 1-3 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 Payment No, I for the Olive Park Area, Also enclosed are copies of: (i) the Applicant's most recent "Application and Certificate for Payment" form (dated August 25, 2004) and the supporting table, (ii) the City issued Notices of Completion for Tract No. 5625 Unit 1 and Tract No, 5625 Unit 2, (iii) the Applicant issued Notices of Completion for Tract No. 5625 Unit 1 and Tract No, 5625 Unit 2, and (iv) the Chicago Title issued "Mechanic's Lien Guarantee" for Tract No. 5625 Unit I and Tract No. 5625 Unit 2. \ ) John Stinson/Marian Shaw August 26, 2004 Page Two The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the completed AD 01-3 Olive Park Area improvements per said Application is $529,911.00, all as itemized on the enclosed Table 1 and summarized below. The following is a recapitulation offunds recommended for payment under this Payment No.1: AD 01-3 Amount Amount Approved Requested Approved for Improvement Acquisition Item Amount for Payment Payment No. 1 a. Street Improvements $ 375,567.00 $ 478,617.00 $ 413,271.00 b. Storm Drain Improvements $ 106.170,00 $ 126.640,00 $ 116.640.00 c. Subtotal Improvement Cost $ 481,737.00 $ 605,257.00 $ 529,911.00 d, Construction Contingency $ 48,174,00 included above included above e. Incidental Cost $ 0,00 $ 0.00 $ 0.00 f. Totals $ 529,911.00 $ 605,257.00 $ 529,911.00 As also described in notes on Table 1, the above-summarized amounts are based on the following findings: I. Items labeled" 1" in the Table I notes column are the items which were funded in the AD 01-3 Engineer's Report, but which were combined with other items and billed as a single improvement item (6' High Block Wall) in this Payment No, I request. 2. Items labeled "2" in the Table I 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 01-3 Engineer's Report for payment of all completed improvements in the Olive Park Area). Based on the findings described above, and in accordance with the Application, it is the recommendation of our analysis that $529,911.00 be paid and that a check for that amount be made payable to Rosedale Construction Company, as the payment pursuant to this Payment No.1 request for all completed Tract No. 5625 On-site Improvements in the Olive Park 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 &. l11' (l¥J!.t Ed Wilson ~ ~ DeJan Pavié ) Wilson & Associates Enclosures cc: Bryan Batey/Michael Spickler TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1 IN OLIVE PARK AREA CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 01-3 DESCRIPTION A. TRACT NO. 5625 ON-SITE IMPROVEMENTS a.STREETIMPROVEMENTS AC Paving Aggregate Base 6" Curt:> & Gutter Sidewalk Wheel Chair Ramp TOTAL STREET IMPROVEMENTS b. STORM DRAIN IMPROVEMENTS 2906 TON 3660 CY 9854 LF 44343 SF 16 EA .------.-.---- 35.00 23.00 7.50 2.25 1000.00 $101,710.00 $84,180.00 $73,905.00 $99,n2,00 $16,000.00 $375,567.00 Catch Basin (3,5' opening) 1 EA 3000,00 $3,000.00 Catch Basin (6,0' opening) 1 EA 3500,00 $3,500.00 Catch Basin (8.5' opening) 1 EA 4000.00 $4,000.00 24" Stonn Drain Pipe 250 LF 30,00 $7,500.00 Standard Outlet Structure 2 EA 1500.00 $3,000,00 Gate (14' opening wlpost lock per pair) 1 EA 1170.00 $1,170.00 6' High Block Wall 130 LF 40.00 $5,200.00 6' High Block Wall w/4' Ret. 320 LF 80.00 $25,600,00 6' High Block Wall wl3' Ret. 460 LF 70,00 $32,200.00 Sump Excavation 10500 CY 2.00 $21,000.00 TOTAL STORM DRAIN IMPROVEMENTS c. SUBTOTAL IMPROVEMENT COST d, CONSTRUCTION CONTINGENCY (10%) e. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY f. INCIDENTAL COST Design Engineering Improvement Bonds Construction Staking Soils and Materials Testing and Report Contractor Overhead Plan Check Fees Construction Inspection Fees TOTAL INCIDENTAL COST g. TOTAL TRACT NO. 5625 ON-SITE IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS B. TOTAL OLIVE PARK AREA (TRACT NO. 5625) IMPROVEMENT COST (Totals from Item A) a, IMPROVEMENTS b. CONTINGENCY c. INCIDENTALS TOTAL OLIVE PARK AREA (TRACT NO. 5625) IMPROVEMENT COST C. RECAPfTULA TlON 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 $106,170.00 $481,737.00 $48,174.00 $529,911.00 $0,00 $0,00 $0,00 $0,00 $0.00 $0.00 $0.00 $0.00 $529,911.00 $481,737.00 $48,174.00 $0.00 $529,911.00 $529,911,00 $529,911,00 $0.00 3150 TON 47,00 $148,050.00 3810 CY 30,50 $116,205,00 9894 LF 8,00 $79,152.00 44300 SF 2.70 $119,610.00 16 EA 975.00 $15,600.00 $478,617,00 1 EA 2500,00 $2,500,00 1 EA 3000,00 $3,000.00 1 EA 3000,00 $3,000.00 250 LF 30,00 $7,500.00 2 EA 1250.00 $2,500.00 1 EA 1090.00 $1,090.00 1 LS 75550.00 $75,550.00 billed as one lump sum item for the entire block wall (above) billed as one lump sum item for the entire block wall (above) 10500 CY 3.00 $31,500.00 $126,640.00 $605,257,00 Included above $605,257,00 $0,00 $0.00 $0,00 $0.00 $0,00 $0.00 $0,00 $0,00 $605,257.00 $605,257,00 $0.00 $0,00 $605,257.00 APPROVED PAYMENT PER THIS REQUEST $106,704,00 $92,205,00 $79,152,00 $119,610.00 $15,600,00 $413,271.00 $2,500.00 $3,000,00 $3,000.00 $7,500.00 $2,500,00 $1,090.00 $75,550.00 $0,00 $0.00 $21,500.00 $116,640.00 $529,911,00 Included above $529,911,00 $0,00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $529,911.00 $529,911,00 $0.00 $0,00 $529,911.00 Notes: 1. Items funded in the Final Engineer's Report for AD 01-3 which were combined with other items and billed as a single improvement item (6' High Block WalQ in this payment request 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). 29593-B.WK4 2 2 1 1 2 08/25/2004 TO: Rosedale Construction Company P.O. Box 20247 Bakersfield, CA 93390 ATTENTION: Marian Shaw City of Bakersfield 150 1 Truxtun Ave. Bakew-sfield, CA 9330 I PROJECT: AD 01-3 Process Date: 8/01/04 Olive Park Subdivision Street Improvements and Stonn Drain Contractor: Rosedale Construction Company P.o. Box 20247 Bakersfield, CA 93390 Owner's Application For Payment In aeeordanee with tile Acquisition Agreement No. 01-098, appli~ation for Payment is made for the following items of work: 1. Street Improvements Tract 5625 "Olive Park" 5478,617.00 2. Storm Water Improvements Tract 5625 "Olive Park" 5126,640.00 Total Improvement Costs Tract 5625 $605,157.00 Total Cost as Approved in Final Engineers Report 5529,911.00 The above items ofwork.,are 100-.4 ~omplete. Tbe abcwe aDlOUDU are tile actual eosts for eac:b item of work. as outlined io tile Engineer's Report .E~llibit B Table B-U-F. Engineer's Certificate For Payment AMOUNT CERTIFIED.........$529,911.00 (Anach explanation ¡famount ccnificld diftm from tÞo amount applied for.) By: Robert E. 8mi RCE 35473 This œrt~ is not negotìabll\. The AMOUNT CERTIFIED is payable ooly 10 the Contractor named helein, [1ISU1IIIlC8, lII)'ment and ~IKlC of l'lIyment øre wilht1ur prejudice 10 any rights of lite Owner or COTlÞador under this Contratt, Owaer'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 oftms claim are just and legal; that there is due the undersigned the amount shown hereon, Rosedale Constrnction Company P.O. Box 20247 Bakersfield, CA 93390 . - ) ~(Q)[P))f ACTUAL COST COMPARISON A. D, 01-3 DISCRIPTION QUANTITY COST ESTIMATE ACTUAL DIFFERENCE REF# A. TRACT 5625 ON SITE IMPROVEMENTS a.STREETIMPROVEMENTS A. C. Paving 2906 TON 35 $101,710.00 Aggregate Base 3660 CY 23 $84,180,00 $264,255.00 $78,365,00 #1 6" Curb and Gutter 9854 LF 7.5 $73,905.00 Sidewalk 44343 SF 2.25 $99,772,00 Wheel Chair Ramp 16 EA 1000 $16,000.00 $214,362.00 $24,685,00 #2 TOTAL STREET IMPROVEMENTS $375,567,00 $478,617.00 $103,050.00 b, STORM DRAIN IMPROVEMENTS Catch Basin 3.5' Opening 1 EA 3000 $3,000.00 Catch Basin 6.0' Opening 1 EA 3500 $3,500,00 Catch Basin 8.5' Opening 1 EA 4000 $4,000.00 24" Storm Drain Pipe 250 LF 30 $7,500;00 Standard Outlet Structure 2EA 1500 $3,000.00 $18,500.0Q, ($2,500,00) #3 Gate 14' Opening wI post lock per pair 1 EA 1170 $1,170.00 6' High Block Wall 130 LF 40 $5,200.00 6' High Block Wall wI 4' Ret. 320 LF 80 $25,600,00 6' High Block Wall wI 3' Ret. 460 LF 70 $32,200,00 $76,640,00 $12,470.00 #4 Sump Excavation 10500 CY 2 $21,000.00 $31,500,OQ" $10,500,00 #5 TOTAL STORM DRAIN IMPROVEMENTS $106,170.00 $126,640,00 $20,470,00 c, Subtotal Improvement Cost $481,737.00 $605,257.00 $123,520,00 d, Construction Contingency 10% $48,174.00 e. Subtotal Improvement and Contingency $529,911.00 $605,257.00 $75,346.00 f. Incidental Cost $0.00 g. Total Tract 5625 On Site Improvements $529,911.00 $605,257,00 $75,346,00 Cotingency and Incidentals ) (C(Q){P)W 'h PLEASE COMPLETE THIS INFORMATION "., James MacR,eSlAssessor- Recorder SOFIR RECORDING REQUESTED BY Kern County rricia Records 11/0512002 \ and for the benefit of the ReoOrded ellh, "'quest 01 11:01AM j CITY OF BAKERSFIELD Public DOC#: 0202186764 Stat Types: 1 Pages: 1 WHEN RECORDED MAIL TO: 'IIIIII IIIIII~II'IIII' I' III ~ Fees 0.00 CITY OF BAKERSFIELD TaxIS 0,00 Ç¡TY CLERK Others 0.00 1501 TRUXTUN AVENUE BAKERSFIELD. CA 93301 PAID $0.00 Tlul ¡PoK. F~ ~r~t'. u.. QfIly NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) W· NOTICE IS GIVEN that wort< was COmpleted on that certain pro'ect known as TRACT 5625 UNI 1 for the undeteigned agency on SEPTEMBER 24, 2002, iocated SOU~ OF OLIVE DRIVE AND WEST JEWETTA AVENUE, and that said proiect was accepted by this agency on OCTOBER 14, 2002. The undersigned agency OWns the follOWing Interest in said property describeä above: right-of-way and pubiic improvements within the right-ot-way. The Contractor/Developer Qfl said project was ROSEDALE CONSTRUCTION COMPANY, and Jntract number is City of Bakersfield Contract No. 02-145, Please refer to said contract number on ail 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 c0rt:ect to the best of my Rnowledge. Executed on October 14, 2002 at Bakersfield, California, .- RA6a~s PUblic Works Director CITY! B~Y, R~~'E~ 1/ ;I 'Æ~g~ By '¡A~V . ALL, Mayor L :1. ,J'../ '.. GIGROUPDA lìConstruction\NOCl2002lTR 5625-1 ,doc , ...' (C@[FVW ~" James Fitch, Assessor - Recorder Kern County OfficIal Records ReOOrded al the reque$1 at Public SOFIR 4/0212003 11:13 AM _rfflS INFORMATION ..../ ~ /""NG REQUESTED BY \...r,áfor the benefit of the ! . CITY OF BAKERSFrELD DOC#: 0203063612 8tlt Types: 1 r""- WHEN RECORDED MAIL TO: ·11 '111'~ 111111111111111 Fees Taxes Others PAID Pages: 1 0.00 0.00 0.00 SO.oo C~TY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 TI1f. Spa... For Record.,.." UN Only NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was comRleted on that certain I2roject known as TRACT 5625 UN,.ç;~~""",; tor the undersigned_cmencyon MARCH 20,2003, located AT THE SOUTHWEST CORNER OF O~ DRIVE AND JEWETTA AVENUE, and that said project was accepted by this agency on MARCH 26, 2003. The undersigned agency owns the following interest in said property described above: right-at-way and pub/ic1mprovements within the right-ot-way. The Contractor/Developer on said project was ROSEDALE CONSTRUCTION COMPANY, and r0)llntract number is City ot Bakersfield Contract No. 02-147. Please refer to said contract number on all munications relating to said contract. The address of the undersigned agency is City Hall, 1501 I uxtun Avenue, Bakerslield, California 93301,. . I declare under penalty of perjury, under the laws of the State of California, that the contents herein are true and correct to the best of my knowledge, Executed on March 26, 2003, at Bakersfield, California, CITY OF iK~SF?l"Î/1 /_ By 11/ ( I': !/' /' 1/ l/k- ,.,/ HARVEY [, HALL, Mayor / ,,<~L.'"7 __~_"_ ...-:. ~ -- RAÕL M. ROJAS' Public Works Director GIGROUPDA T\ConslructionlNOCl2003lTR 5625-2,doC ) (C(Q)[?)W Order No. RECORDED AT THE REQUEST OF TICOR TITLE COMPANY James Fitch, Assessor- Recorder Kern County Official Records Recorded at the request of American Title CH EA TWOA 7/24/2003 8:01 AM Escrow No. Loan No. ) WHEN RECORDED MAIL TO: DOC#: 0203148688 Stat Types: 1 Pages: 1 Rosdale Construction Co. P.O. Box 20247 BAkersfield, CA 93390 I ~II ~IIIUIIIIIII ~l' Fees Taxes Others PAID 7.00 0.00 0.00 $7.00 9~·$?Sû NOTICE OF COMPLETION SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described. 2, The FULL NAME of the OWNER is Rosedale Construction Company, A Calif. Cor 3. The FULL ADDRESS of the OWNER is P.O. Box 20247 Bakersfield, CA 93390 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee, FEE (If other than fee, strike "in fee" and insert, for example, "purchaser under contact of purchase," or "lessee.") 5, The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: NAMES' ADDRESSES )6. The full names and full addresses of the predecessor in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: NAMES ADDRESSES 7, A work of improvement on the property hereinafter described was COMPLETED Oc tober 1 4, 2003 8. The work of improvement completed is described as follows: Onsi te and Offsi te subdi vi sior\ improvements. Grading, paving, utilitip-~, hlnck wAll~,lAnn~cApp, concrete 9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Owner 10. The street address of said property is SW corner of Jewetta and Olive Drive 11. The property on which said work of improvement was completed is in the City of B Ä 1< e r ~ f; E' 1 ri County of Kern , State of California, and is described as follows: Tract 5625 Unit 1, Bakersfield, County of Kern J0L-1 ß. d..,ffi3 , ~^\I .,.~µ~ CA ) \~~ / . Date and Place Verification for NON-INDIVIDUAL owner: I, the undersigned, declare u that I am the penalty or perjury under the laws of the State of California of the aforesaid interest or estate in the property described RESIDE , ARTNER, MANAGER, AGENT, ETe:' . v read the said notice, that r know and understand the contents thereof, and that the fadts stated therein in the above notice; that I ~e true and correct. J "L,''J 5 I d-OO 3 , ~ ß~\Lc~~8.D / cA Date and Place ~@[F2>)f Order' No. RECORDED ATTHE REQUEST OF TICOR TITLE COMPANY Escrow No. James Fitch, Assessor- Recorder Kern County Official Records Recorded at the request 01 American Title CHEATWOA 7/24/2003 8:01 AM Loan No. WHEN RECORDED MAIL TO: DOC#: 0203148689 Slat Types: 1 Pages: 1 Rosedale Construction P.O. Box 20247 Bakersfield, CA 93390 I" II ~ 11111 Fees Taxes Others PAID 7.00 0.00 0.00 $7.00 This instrument filed for Record by American Title Company as ílll r r': . n olllv. It has not been . i%JíI1lnf;d as to its execution nor 0 h . effect upon title. SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1, The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described, 2. The FULL NAME of the OWNER is Rosedale Cosntruction Company, A Calif. Corp. 3, The FULL ADDRESS of the OWNER is P.O. Box 20247 Bakersfield, CA 93390 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee, FEE (If other than fee, strike "in fee" and insert, for example, "purchaser under contact at purchase," or "lessee.") 5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: NAMES ADDRESSES ) 16, The full names and full addresses of the predecessor in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was COMPLETED March 26, 2003 8. The work of improvement completed is described as follows: On!=: i t-P / nff!=: i t-P !=:l1hr'l i vi !=: i on work grading,paving,concrete: lltilit-ip!=:. hlnr.kw;:¡ll!=:,l;:¡nr'l!=:r.;:¡pP,r'lr;:¡in;:¡lJP 9, The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is owner 10. The street address of said property is RTtJ ("orner of Jewtta and Oli ue Drive 11. The property on which said work of improvement was completed is in the City of B a k e r so fie 1 d County of Kern , State of California, and is described as follows: Tract 5625 Unit 2, City of Bakersfield, County of Kern Verification for NON-INDIVIDUAL owner: I, the undersigned, declare that I am the penalty or perjury under the laws of the State of California of the aforesaid interest or estate in the property described "PRESIDEN PARTNER, MANAGER, AGENT, ETC." e read the said notice. that I know and understand the contents thereof, and that the facts stated therein ,JVl..- ß) d...OO~ ßG\\L~ì};KE\.Q t cA Date and Place in the above notice; that fa true and correct. .J~LI ßl d--<.t03 Date and Place ~X:£\$~ E' \.Ú CA I ? /;¿, ' ~, "c/ r - S¡g, fe of person signing on behalf of 0 n r) , ~- OOLê>W NO. 160000-A UABILITY $1,000. 00 FEE $ -0- çmCAGO TITLE INSURANCE COMPANY -, a corporation, herein called 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. Daœd: August 4, 2004 cm~,utLE~'Y By "-'00-0- .' . riud SigntllrlTe ...... ~.. ........-....--- Please note carefully the liability exclusions and limitations and the specific assurances affoIded 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. \ / (Ç(Q)[F)V Order No. Guarantee \ Liability j Fee 160000-A 05 0125 030 $1,000.00 $0.00 SCHEDULE A Mechanic's Lien Guarantee 1. NAME OF ASSURED I THE CITY OF BAKERSFIELD 2. DATE OF GUARANTEE: August 4, 2004 , at 7:30 a.m. 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 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 07/24/03 ' 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: PARCEL 1: All of Tract 5625 Unit 1, in the City of Bakersfield, County of Kern, State of California, as per Map recorded May 24, 2002 in Book 48, Page 85 of Maps, in the Office of the County Recorder of said County. PARCEL 2: continued next page... EXCEPTIONS: NONE ~(Q)~W All of Tract 5625, Unit 2 in the City of Bakersfield, County of Kern, State of California, as per Map recorded May 24, 2002 in Book 48, Page 88 of Maps, in the \Office of the County Recorder of said County. "> -" p,,",~~ JJU TlllUilr~1 ~(Q)[F)Wj LC C\l c::.o LO ~~ù "--'I 0 <: Z-æ ~~ E--t U ooc:x: ~ ¡~ ... b (..0') - Cl -J -.0 In w 1 * :~ _ ¡= ~ - i :~! II I ¡ l ~:ª lit¡ I :II..l1/f i~ ! i -I;: -~:r I! ~ I ¡:!l15 ¡ ~ ~ :r =-:1 Iii: ¡ .,. -~·i· ø-- :II "I ~ !!is lid !IÎ ;. ell § æ=:s l- it; "I~ ii:š 1:1 ~ª :It J1-c¡ l,a ¡;; !J !!l:1II95! "'1514 1£5 : g~ IS; ~lr15 h; lIi o ~bã;h;~U n z i '. :t _ :f¡ ¡j¡".l:l! ~~! 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