THIRD PARTY IMPROVEMENT AGREEMENT NO.
FOR
TRACT 6850 PHASE 2
This THIRD PARTY IMPROVEMENT AGREEMENT ("Agreement") is entered into on and effective as of(the “Effective Date"), by and
between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "City”), FUTURE VALUE CONSTRUCTION, INC., a CALIFORNIA CORPORATION authorized to do business in California ("Owner”) and ROBERT KORDA, TRUSTEE OF THE SURVIVOR’S TRUST CREATED UNDER THE ROBERT AND ROSINA KORDA LIVING TRUST DATED AUGUST 28, 2002 (Trustee)
RECITALS
WHEREAS, Owner and Trustee are developing and subdividing land in the City of Bakersfield, commonly referred to as Tract 6850 Phase 2 (the “Project"), under the provisions of the Subdivision Map Act (Govt. Code §§ 66410 et seq.) ("Map Act”), and the Subdivision Ordinance of City (Title 16 of the Bakersfield Municipal Code ("BMC")) ("Ordinance”);
WHEREAS, Owner agrees to be bound, jointly and severally, with Trustee for the taking of any actions required under this Agreement; WHEREAS, City’s Planning Commission, an advisory agency, has approved Owner’s tentative map subject to certain approved exceptions and conditions; and
WHEREAS, Owner has submitted its final map to City for approval in accordance with the Map Act and the Ordinance and desires to enter into this Agreement with City to complete the required improvement work in the Project within the time and in the manner provided herein.
NOW THEREFORE, incorporating herein the above recitals, City and Owner and Trustee agree as follows;
1. IMPROVEMENTS TO BE CONSTRUCTED. Owner will construct in the Project, at its sole cost and expense, those facilities and improvements (herein collectively referred to as “Improvements”) required by BMC Sections
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16.32.060 or Section 16.32.080, whichever is applicable, required in the resolution adopted by the City Planning Commission on December 07, 2006, and/or required in a resolution extending the expiration of the tentative map, if applicable. The Planning Commission's resolution and the resolution extending the expiration of the tentative map, if applicable, are on file in the City Planning Department and incorporated in this Agreement as though fully set forth herein. Owner hereby agrees that it will be jointly and severally liable with Trustee for the taking of any actions required under this Agreement.
2. MANNER OF CONSTRUCTION. The Improvements must be installed and constructed in accordance with all of the following:
2.1. Title 16 of the Bakersfield Municipal Code;
2.2. California Subdivision Map Act (California Government Code Section 66410, et seq.);
2.3. Plans, specifications, profiles, and standards approved by City Engineer (when used in this Agreement, "City Engineer” also refers to City Engineer’s designee);
2.4. Adopted City standards; and
2.5. Good engineering practices and workmanlike manner.
3. TIME FOR COMPLETION. All of the Improvements must be fully completed in accordance with the terms of this Agreement to the satisfaction of City Engineer within one year from the Effective Date unless City Engineer grants an extension of the time for completion.
4. RECORDING OF NOTICE OF COMPLETION; ISSUANCE OF CERTIFICATES OF OCCUPANCY; FINAL INSPECTIONS.
4.1. When Owner notifies City Engineer that Developer has completed construction of the Improvements, City Engineer will conduct an inspection of the Improvements and notify Developer of any deficiencies in the Improvements.
4.2. When Owner corrects the deficiencies, if any, in the Improvements to City Engineer's satisfaction, City Engineer will accept the Improvements.
4.3. After the Improvements are accepted by City Engineer, City will IMPROVEMENT AGREEMENT - 3 Party
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record a notice of completion (the "NOC") once Developer provides City Engineer with relevant items identified on the Checklist for Notice of Completion, attached hereto as Exhibit A and incorporated herein by this reference.
4.4. City Building Director will not conduct a final inspection or issue any certificates of occupancy to Developer for any lot within the phase1 covered by this Agreement (the “Covered Phase") until City records the NOC.
5. GUARANTEE AGAINST DEFECTS. Owner and Trustee hereby guarantee all features of the Improvements against defective work or labor done, or defective materials furnished, in the performance of this Agreement for a period of one year following recordation of the NOC. Upon City's demand, Owner and Trustee will correct, repair, or replace promptly all such defective work or labor done, or defective materials furnished, as may be discovered within the one-year guarantee period. The one-year guarantee period on private improvements will begin when the NOC is recorded.
6. IMPROVEMENT SECURITY.
6.1. Required Security. Based upon an Engineer's Estimate, attached hereto and incorporated by reference as Exhibit B, Owner and Trustee must provide security as described herein and detailed in Exhibit C, that establishes the following obligations:
6.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements (herein "Performance Security”);
6.1.2. Labor & Materials/Payment to all contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in BMC Section 16.32.040 (herein “Labor and Materials/Payment Security”); and
6.1.3. Warranty/Maintenance against any defective work or labor performed on or defective materials furnished for the
Improvements for a period of one year following recordation of the NOC of the Improvements as outlined above (herein ' For tracts that have no phases, the term "Covered Phase" refers to the Project.
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"Warrant/Maintenance Security").
6.2. Acceptable Security. City Engineer has the sole discretion to determine which of the following forms of security is acceptable:
6.2.1. A bond or bonds by one or more duly authorized corporate sureties that substantially conforms with the form set forth in Government Code Section 66499.1 or any successor statute;
6.2.2. Cash deposited with City; or
6.2.3. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by City.
6.3 Owner and Trustee’s's Obligation to Maintain Security. It is Owner and Trustee's sole responsibility to maintain the security as follows:
6.3.1 Owner and Trustee must provide City with the original security documentation as outlined in Exhibit C. The original security documents satisfying this requirement are attached herein as Exhibit D.
6.3.2 Owner and Trustee must ensure that all security is current and that there is no gap in security coverage. At least sixty days before any security required by this Agreement expires or otherwise becomes invalid, Developer must take steps to keep the security current or provide new security. Any failure by Owner or Trustee to comply with these provisions will constitute a material breach of this Agreement, and City may, in addition to all other remedies provided by law or this Agreement, immediately pursue whatever security is available for
completion of all Owner and Trustee obligations under this Agreement.
6.3.3 Owner and Trustee must provide City with the appropriate mailing address, phone number, state license number, if applicable, and email address for the contact person
associated with each form of security and identify the local representative and corporate headquarters of the company providing the security ("Contact Information"). It is Owner’s IMPROVEMENT AGREEMENT - 3 Party
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and Trustee's responsibility to ensure that City is provided with updates to any of the Contact Information.
6.4 Release of Security. The Security will be released as described in Exhibit C.
7. DEFAULT; REMEDIES.
7.1. Default. Owner and Trustee will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that any of the following exist:
7.1.1. Owner and Trustee have failed to properly and fully complete all of the Improvements in accordance with this Agreement within the time, or any extension of time, provided herein;
7.1.2. Owner and Trustee have failed or neglected to begin the Improvements, or any feature of the Improvements, within a time which will reasonably allow their completion within the time, or any extension of time, provided in this Agreement;
7.1.3. Owner and Trustee have abandoned any of the work on the Improvements;
7.1.4. Owner and Trustee, if an individual, have been declared incompetent or placed under the care of a guardian or
conservator, or has disappeared;
7.1.5. Owner and Trustee are subject to a voluntary or involuntary petition in bankruptcy or has been declared bankrupt;
7.1.6. Owner and Trustee change the form of its business entity to a form different than the one identified in the introductory paragraph above; or
7.1.7. Owner of the Project transfers ownership of the Project.
7.2. Remedies. If Owner or Trustee are in default of this Agreement, City may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy City may have in law or equity;
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7.2.1. Demand that any available surety pay for the completion of the Improvements;
7.2.2. Demand that any available surety assume Owner or Trustee's obligations under this Agreement, in lieu of payment of the secured funds;
7.2.3. Provide the necessary supervision, equipment, materials, and labor as it may determine necessary, using any available means, to undertake and complete the Improvements or any part thereof in the manner required by this Agreement at Owner's and Trustee’s and its surety’s expense, and Owner and Trustee and its surety, jointly and severally, will be liable to City and must pay City, on demand, any expenses, costs, fees, or other expenditures incurred by City in the course thereof;
7.2.4. Combine the payment of secured funds and the completion of Owner and Trustee's obligations under this Agreement by City forces and/or other entities;
7.2.5. Withhold the issuance of building permits or performance of inspections for any lot within the Covered Phase if the Improvements in any current or earlier phase of the map have not been completed in a timely manner at the time Developer requests building permits or inspections for any lot within the Covered Phase;
7.2.6. Withhold the issuance of building permits in subsequent phases until all Improvements in the Covered Phase are completed and approved by City Engineer; and
7.2.7. Revert the real property to acreage. By executing this Agreement, Owner and Trustee warrant that they have
authority from each party having record title interest in the Project to act as such party's agent for purposes of the provisions of this subsection and to waive, and, hereby, waives any right to a hearing on such reversion.
Right of Entry. If City elects to exercise its right to the secured funds under this section, Owner and Trustee hereby grant the right of entry to the Project to City, the surety, and the City’s and surety's designated representatives for the purposes of completion of the IMPROVEMENT AGREEMENT - 3 Party
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Improvements or evaluation of any claims on secured funds under this Agreement. It is the responsibility of City, the surety, or the City's or surety's designated representatives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project's owner should Owner and Trustee not own or have rights to the Project. It is also the responsibility of the surety to provide adequate insurance and comply with all regulations, permits, and ordinances while on the Project site or before beginning any work within City's right-of-way.
8. NO WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision at a later time and will not serve to vary the terms of this Agreement.
9. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work and/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefore, or any combination of all of these acts, will not relieve Developer of the obligation to fulfill this Agreement as prescribed; nor will City be thereby estopped from bringing any action for damages arising from Owner and Trustee’s failure to comply with any of the terms and conditions of this Agreement.
10. INDEMNITY.
10.1 Owner and Trustee will indemnify, defend, and hold harmless City and its Council, officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Owner and Trustee or Owner’s and Trustee's employees, agents, independent contractors, or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by City, except as limited by California Civil Code Section 2782 or caused by City's sole active negligence or willful misconduct.
10.2 Owner and Trustee, at their own cost, expense, and risk must defend all legal proceedings that may be brought against City or its Council, officers, agents, or employees, on any liability, suit, claim, or demand that Developer has agreed to indemnify them against herein, and IMPROVEMENT AGREEMENT - 3 Party
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must satisfy any resulting judgment that may be rendered against any of them.
10.3 Owner’s and Trustee's surety providing the Performance Security will not be deemed liable under any of the foregoing provisions of this section, unless the surety undertakes the completion of any of the Improvements or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglect of the surety or its engineers, employees, agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety.
11. INSURANCE.
11.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, Ownerr must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
11.1.1. Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
11.1.2. Commercial general liability insurance, unless otherwise approved by City's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:
11.1.2.1. Provide contractual liability coverage for the terms of this Agreement;
11.1.2.2. Provide unlimited products and completed
operations coverage;
11.1.2.3. Provide premises, operations, and mobile
equipment coverage; and
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11.1.2.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents,
employees, and designated volunteers.
11.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, Owner
must submit to City the following certification before
beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation
or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with
such provisions before commencing the
performance of the work of this contract.
By executing this Agreement, Owner is submitting the
certification required above.
The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers.
11.2. General Provisions Applying to All Insurance Types.
11.2.1. All policies required of Owner must be written on a first-dollar coverage basis or contain a deductible provision. Subject to City's advance approval, Owner may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by
endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured.
11.2.2. All policies required of Owner must be primary insurance as to City and its mayor, council, officers, agents, employees, or IMPROVEMENT AGREEMENT - 3 Party
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designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must be excess of
Developer's insurance and must not contribute with it.
11.2.3. The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by City's Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured
retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by City in writing.
11.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by City's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
11.2.5. Full compensation for all premiums which the Developer is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the scope of Work, and no additional
allowance will be made therefor or for additional premiums which may be required by extensions of the policies of
insurance.
11.2.6. It is further understood and agreed by Developer that its liability to City will not in any way be limited to or affected by the amount of insurance obtained and carried by Developer in connection with this Agreement.
11.2.7. Unless otherwise approved by City, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if City has approved lesser insurance requirements for
Developer, and all subcontractors must agree in writing to be bound by the provisions of this section.
12. MISCELLANEOUS.
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12.1. Governing Law. The laws of the State of California will govern the validity of this Agreement, its interpretation, and its performance.
Any litigation arising in any way from this Agreement must be brought in Kern County, California.
12.2. Notices. All notices related to this Agreement must be given in writing, must be personally served or sent by certified or registered mail, and will be effective upon actual personal service or depositing in the United States mail. The parties must be addressed as follows, or at any other address designated by notice:
City: CITY OF BAKERSFIELD
Development Services Department
Attention: Land Development
1600 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-3724
Owner: Future Value Construction, Inc.
11500 W. Olympic Blvd, Suite 530
Los Angeles, CA 90064
Telephone: (310) 552-9064
Email: [email protected]
Trustee Robert Korda, Trustee of The Survivor’s Trust
Created Under The Robert and Rosina Korda
Living Trust Dated August 28, 2002
Attn: Brittany Pena
2566 Overland Avenue, Suite # 700
Los Angeles, CA 90064
Telephone: (310) 842-4600
Email: [email protected]
Surety: IDB BANK
Attn: Nelson Martinez
1114 Avenue of the Americas
New York, NY 10036
Telephone: 212-551-8500
Email: [email protected]
12.3. Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligations, or responsibilities arising out of, concerning, or IMPROVEMENT AGREEMENT - 3 Party
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related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort, or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited and will be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
12.4. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns.
12.5. Merger and Modification. All prior agreements between the parties are incorporated in this Agreement, which constitutes the entire agreement of the parties. Its terms are intended by the parties as a final expression and complete and exclusive statement of their agreement with respect to the terms that are included herein and may not be contradicted by extrinsic evidence of any prior agreement or contemporaneous oral agreement in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
12.6. Corporate Authority. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
12.7. Independent Contractor. This Agreement calls for the performance of Owner and Trustee’s services as an independent contractor.
Owner and Trustee's will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees. This Agreement must not be construed as forming a partnership or any other association with Owner and Trustee other than that of an independent contractor.
12.8. Agreement Mutually Drafted. This Agreement is the product of IMPROVEMENT AGREEMENT - 3 Party
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negotiation, and all parties are equally responsible for its authorship.
California Civil Code Section 1654 does not apply to the interpretation of this Agreement.
12.9. Exhibits. If there is a conflict between the terms, conditions, or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement will prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
12.10. Tax Numbers.
Owner’s Federal Tax Identification No. 45-4887478.
Owner is a corporation? Yes IZI No
(Please check one.)
Trustee’s Federal Tax Identification No. 557921867.
Trustee is a corporation? Yes No
(Please check one.)
12.11. Non-Interest. No officer or employee of City may hold any interest in this Agreement (California Government Code Section 1090).
12.12. Further Assurances. Each party will execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above.
CITY
CITY OF BAKERSFIELD
By:
KAREN GOH
Mayor
OWNER
FUTURE VALUE^Co/lSTRUCTION, INC.
By:
Print Name: Kevin Slnper
Title: Receiver
[Signatures on Following Page]
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ’Name(s) of Signers)
h/i
Here Insert Name and Title of the OfficerDate
personally appeared
State of California
County of
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature® on the instrument the person®, or the entity upon behalf of which the person® acted, executed the instrument.
JOHN KALB RACHLIN
Notary Public - California
?S«gs| Los Angeles County
-jpgsapy Commission # 2508004
My Comm. Expires Jan 21, 2029
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
Signature ,
Place Notary Seal Above
-----------------------------------------------------------OPTIONAL----------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer® Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Corporate Officer — Title®:
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer’s Name:
Corporate Officer — Title®:
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
TRUSTEE
APPROVED as to content:
DEVELOPMENT SERVICES DEPARTMENT
By:
PHILLIP BURNS
Development Services Director
ROBERT KORDA, TRUSTEE OF THE
SURVIVOR’S TRUST CREATED UNDER THE
ROBERT AND ROSINA KORDA LIVING
TRUST DATED AUGUST 28, 2002
Print Name: Robert Korda
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Title: Trustee
By:
VIRIDIANA GALLARDO-KING
Deputy City Attorney II
Insurance/Surety:
COUNTERSIGNED:
By:
RANDY MCKEEGAN
Finance Director
Attachments: Exhibit A - Checklist for Notice of Completion Exhibit B - Engineer's Estimate
Exhibit C - Required Security
Exhibit D - Security
Exhibit E - Insurance
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. personally appeared
State of California
County of ffygekS______________J
On iVaKf K/ W before me. foMlM ,MOT WWC
J Date mi i i i Hete'Insert Name and Title of the Officer kordtv___
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person^ whose name^g^s/We^subscribed to the within instrument and acknowledged to me that he/sho/they executed the same in hisZbetktlieii authorized capacityfies), and that by his/-hor/tkek signature(8)"on the instrument the person^, or the entity upon behalf of which the person^? acted, executed the instrument.
BRITTANY EDNA RENA k
N»Ury PuBlic - California *
Los Angeles County f
Commission * 253224* r
Hy Comm. Expires Sep 12, 2024
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Document Date:Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Corporate Officer - Title(s):
Partner - Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer is Representing:
Signer’s Name: __ _ _____________
Corporate Officer - Title(s):
Partner - Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer is Representing:
©2019 National Notary Association
EXHIBIT A
Checklist for Notice of Completion
DEVELOPMENT SERVICES DEPARTMENT
CITY OF BAKERSFIELD
LAND DEVELOPMENT
CHECKLIST FOR NOTICE OF COMPLETION
Project No. Phase No.
GENERAL INSTRUCTIONS
Submit a copy of this checklist with your Notice of Completion package. Include all items on this checklist with your package. If an item is already on file with the City, please so note. If any item is marked as NA (not applicable), provide a written justification or explanation. Failure to submit this checklist or to address all items on the checklist will result in a delay in filing the Notice of Completion and/or in the release of any securities. Processing of a Notice of Completion cannot proceed until Land Development has received direct confirmation from the Construction Division that the punch list items are complete.
OK NA Checklist Item
City’s punch list, completed and signed off by Construction Inspector.
Utility composite plan, including street light electrical service points.
Street light conduit plan, including pull boxes, points of connection, conduit details, and street light information.
Record drawings of the required improvements, signed by the Engineer of Record, along with an electronic copy
“As-graded" plans, signed by the Engineer of Record, along with an electronic copy
Letter from engineer of record certifying that monuments have been set and that the engineer has been paid for setting the monuments.
Monument elevation map provided to the City.
Maintenance letter from Recreation and Parks
Geotechnical letter confirming sump construction per Grading Plan and/or Drainage Study (if required)
Maintenance letter from Recreation and Parks
Warranty security as required shall be posted
Other items required by tract conditions:
EXHIBIT A
EXHIBIT B
Engineer’s Estimate
DUKE
LengineeringJ
Current Bond Prices 5/20/24
Road Construction Items
Item Units Pricing Qty Total % Complete $ Complete Items Remaining Curb and Gutter - PCC 6"
Curb Over 1,000 L.F.
LF $ 40.00 5714 $228560 100% $228,560.00 $0
Concrete Sidewalk Sq. Ft. $ 6.00 28573 $171438 100% $171,438.00 $0 Concrete Cross Gutter Sq. Ft. $ 9.00 173 $1,557 100% $1,557.00 $0 Wheelchair/Curb Ramp
ADA,Title 24 and Caltrans
compliant. With detectable
warning.
Ea $ 3,000.00 9 $27000 100% $27,000.00 $0
Aggregate Base Class 2 Cu.Yd. $ 120.00 2311 $277320 97% $269,555.04 $7,764.96 Street Surfacing Paving
Asphalt Concrete - For
Streets and Alley Only 1,000
5,000
Cu.Yd. 1000-
5000
$ 100.00 2340 $234,000 97% $227,448.00 $6,552.00
Sanitary Sewer
Item Units Pricing Qty Total
6" Pipe 3' Minimum Cover- LF $ 60.00 451 $27060 100% $27060 $0 8" Pipe 3' Minimum Cover- LF $ 70.00 1834 $128380 100% $128380 $0 Manholes Standard -6'to 8'
Depth
Ea $ 3,400.00 14 $47,600 100% $47,600 $0
Miscellaneous Items
Item units Pricing Qty Total
Survey Monument Ea $ 1,005.00 15 $ 15,075.00 $ $ 15,075.00 Street Signs Ea $ 300.00 12 $ 3,600.00 9 $ 2,700.00 $ 900.00 Street Lights EA $ 10,000.00 10 $ 100,000.00 8 $ 80,000.00 $ 20,000.00 Total S 1,261,590.00 $ 1,211,298.04 S 50,291.96
20% Contigency $ 252,318.00 S 10,058.39
Bond Enforcement $ 15,000.00 S 15,000.00
Total Bonding S 1,528,908.00 S 75,350.35
Performance Bond S 1,528,908.00 S 764,454.00
Labor & Material Bond S 764,454.00 S 764,454.00
Warranty Bond S 152,890.80 S 152,890.80
EXHIBIT B
EXHIBIT C
Required Security
Required Security
TYPE OF
SECURITY Performance
Labor & Materials/
Payment
Warranty/
Maintenance
WHEN
REQUIRED
When Owner and Trustee submits executed
Agreement and final map to City for approval
When Owner and
Trustee submits
executed
Agreement and final
map to City for
approval
Before City records
the NOC of the
Improvements
AMOUNT OF
SECURITY
100% of the total estimated cost of the
Improvements as reflected in the Engineer's
Estimate attached hereto as Exhibit B and
incorporated herein by reference (“Engineer's
Estimate")
50% of the total
estimated cost of the
Improvements as
reflected in the
attached Engineer's
Estimate
10% of the total
estimated cost of
the Improvements
as reflected in the
attached Engineer's
Estimate
DATE OF
RELEASE/
REDUCTION
Within 30 days after City records a NOC of the
Improvements; but, if City discovers that Owner
and Trustee performed defective work or labor
or furnished defective materials in completing
the Improvements or Owner and Trustee
damages the Improvements after City records
the NOC, the Security will be released only after
Owner and Trustee has repaired or replaced the
defective or damaged Improvements to City's
satisfaction.
When submitted to City, the Performance
Security, on its face, must be effective for no
fewer than 18 months after the Effective Date of
this Agreement and subject to the requirements
of this section. City may, in its sole discretion,
authorize a reduction of the face value of the
Performance Security, if requested by Owner
and Trustee, once the Improvements are
sufficiently completed to make them
operational and usable as a public
improvement. If the reduction is authorized, City
will use the Engineer's Estimate to determine the
amount of the reduction based on the portion
of the Improvements completed; but, in no
case, will City authorize a reduction of the face
value of the Security below 50% of the originally
required amount.
90 days after City
records a NOC of the
Improvements unless
City receives written
notice that an action
or stop notice has
been filed related to
the construction of
the Improvements, in
which case the
Security, at Owner
and Trustee's
request, may be
reduced to an
amount not less than
the total of all claims
on which an action
or stop notice has
been filed
18 months after
recordation of the
NOC of the
Improvements
EXHIBIT C
EXHIBIT D
Security
IDE BANK
It's personal
1114 Avenue of the Americas
New York, NY 10036
212-551-8500
idbny.com
IRREVOCABLE STANDBY LETTER OF CREDIT NO. S960542
DATE AND PLACE OF ISSUE:
JUNE 16, 2026
NEW YORK
APPLICANT:
ROBERT PETER KODA
2566 OVERLAND AVE STE 700
LOS ANGELES, CA 90064
DATE AND PLACE OF EXPIRY:
JUNE 12, 2028
AT OUR COUNTERS
BENEFICIARY:
CITY OF BAKERSFIELD
DEVELOPMENT SERVICES DEPARTMENT
1715 CHESTER AVENUE
BAKERSFIELD, CA 93301
AMOUNT: USD 756,954.00 (SEVEN HUNDRED FIFTY SIX THOUSAND NINE HUNDRED FIFTY FOUR AND 00/100 U.S.DOLLARS)
WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. S960542 IN FAVOR OF CITY OF BAKERSFIELD DEVELOPMENT
SERVICES DEPARTMENT FOR UP TO AN AGGREGATE AMOUNT OF USD 756,954.00 EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR OFFICE
ISRAEL DISCOUNT BANK OF NEW YORK,
1114 AVENUE OF THE AMERICAS, NEW YORK, NY 10036
ATTN: TRADE FINANCE DEPT., ON JUNE 12, 2028.
FUNDS HEREUNDER ARE AVAILABLE TO YOU AGAINST PRESENTATION OF THE FOLLOWING:
1) YOUR SIGHT DRAFT(S), DRAWN ON US, STATING "DRAWN UNDER
ISRAEL DISCOUNT BANK OF NEW YORK IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S960542.
2) YOUR SIGNED STATEMENT CERTIFYING: (OPTIONAL)
QUOTE[insert statement]
U N QU OTE
3) THE ORIGINAL STANDBY LETTER OF CREDIT AND THE ORIGINAL OF ALL SUBSEQUENT AMENDMENT(S), IF ANY.
+THIS STANDBY LETTER OF CREDIT IS TRANSFERABLE IN FULL, AND NOT IN PART. WE SHALL NOT RECOGNIZE ANY TRANSFER OF THIS STANDBY
LETTER OF CREDIT UNTIL AN EXECUTED TRANSFER FORM IS DELIVERED TO US. (OUR TRANSFER FORM IS ATTACHED)
+TRANSFER CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT. ******CONTINUED ON NEXT PAGE******
lshdbr IDB Bank' is a registered service mark of Israel Discount Bank of New York. Member FDIC.
EXHIBIT D
IDE BANK
It's personal
IRREVOCABLE STANDBY LETTER OF CREDIT NO. S960542
DATE OF ISSUE: JUNE 16, 2026 PAGE 2
1114 Avenue of the Americas
New York, NY 10036
212-551-8500
idbny.com
+THIS CREDIT IS TRANSFERABLE EXCEPT TO ANY SPECIALLY DESIGNATED NATIONALS AS DEFINED IN SECTION 500.306 OF U.S. FOREIGN ASSETS CONTROL REGULATIONS.
WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) AND DOCUMENTS
SPECIFIED DRAWN UNDER AND IN CONFORMITY WITH THE TERMS AND
CONDITIONS OF THIS STANDBY LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US AT 1114 AVENUE OF THE AMERICAS, NEW YORK, NY 10036 ATTN: TRADE FINANCE DEPT.
IN THE EVENT YOU WISH TO COMMUNICATE WITH US, YOU MAY
SEND EMA1LTO: [email protected] AND [email protected]
EXCEPT AS FAR AS OTHERWISE STATED HEREIN, THIS STANDBY LETTER
OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES ISP98, INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 590. ************ISRAEL DISCOUNT BANK OF NEW YORK************ ********** END OF CREDIT**********
EXHIBIT D
L°bho«R IDB Bank is a registered service mark of Israel Discount Bank of New York. Member FDIC.
Israel Discount Bank of New York
1114 Avenue of the Americas
New York, NY 10036
New York, NY, 20
Re: Standby Letter of Credit No.:
Issued by Israel Discount Bank of New York, NY
To whom it may concern:
For value received, the undersigned beneficiary hereby irrevocably transfers to:
(Name of Transferee)
(Address)
all rights of the undersigned beneficiary to draw under the above Standby Letter of Credit in its entirety.
By this transfer, all rights of the undersigned beneficiary in such Standby Letter of Credit are transferred to the Transferee, and the Transferee shall have the sole rights as beneficiary thereof, including sole rights relating to any amendments, whether increases or extensions or other amendments, and whether now existing or hereafter made. All amendments are to be advised directly to the Transferee without necessity for any consent of, or notice to, the undersigned beneficiary.
The original Standby Letter of Credit is returned herewith, together with all amendments to date. Please endorse the transfer thereon, and forward it directly to the Transferee with your customary notice of transfer.
Very truly yours,
(print or type name of beneficiary)
SIGNATURE AUTHENTICATED
(name of bank)
By:
(authorized signature)
(signature of beneficiary)
EXHIBIT D
(Transferred in its entirety - all amendments, including increases and extensions, applicable to Transferee)
IDE BANK
It’s personal
1114 Avenue of the Americas
New York, NY 10036
212-551-8500
idbny.com
IRREVOCABLE STANDBY LETTER OF CREDIT NO. S960543
DATE AND PLACE OF ISSUE:
JUNE 16, 2026
NEW YORK
APPLICANT:
ROBERT PETER KODA
2566 OVERLAND AVE STE 700
LOS ANGELES, CA 90064
DATE AND PLACE OF EXPIRY:
JUNE 12, 2028
AT OUR COUNTERS
BENEFICIARY:
CITY OF BAKERSFIELD
DEVELOPMENT SERVICES DEPARTMENT
1715 CHESTER AVENUE
BAKERSFIELD, CA 93301
AMOUNT: USD 756,954.00 (SEVEN HUNDRED FIFTY SIX THOUSAND NINE HUNDRED FIFTY FOUR AND 00/100 U.S.DOLLARS)
WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. S960543 IN FAVOR OF CITY OF BAKERSFIELD DEVELOPMENT
SERVICES DEPARTMENT FOR UP TO AN AGGREGATE AMOUNT OF USD 756,954.00 EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR OFFICE
ISRAEL DISCOUNT BANK OF NEW YORK,
1114 AVENUE OF THE AMERICAS, NEW YORK, NY 10036
ATTN: TRADE FINANCE DEPT., ON JUNE 12, 2028.
FUNDS HEREUNDER ARE AVAILABLE TO YOU AGAINST PRESENTATION OF THE FOLLOWING:
1) YOUR SIGHT DRAFT(S), DRAWN ON US, STATING "DRAWN UNDER
ISRAEL DISCOUNT BANK OF NEW YORK IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S960543.
2) YOUR SIGNED STATEMENT CERTIFYING: (OPTIONAL)
QUOTE[insert statement]
_______________________________U N QU OTE
3) THE ORIGINAL STANDBY LETTER OF CREDIT AND THE ORIGINAL OF ALL SUBSEQUENT AMENDMENT(S), IF ANY.
+THIS STANDBY LETTER OF CREDIT IS TRANSFERABLE IN FULL, AND NOT IN PART. WE SHALL NOT RECOGNIZE ANY TRANSFER OF THIS STANDBY
LETTER OF CREDIT UNTIL AN EXECUTED TRANSFER FORM IS DELIVERED TO US. (OUR TRANSFER FORM IS ATTACHED)
+TRANSFER CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT. ******CONTINUED ON NEXT PAGE******
lender IDB Bank' is a registered service mark of Israel Discount Bank of New York. Member FDIC.
EXHIBIT D
IDE BANK
It's personal
IRREVOCABLE STANDBY LETTER OF CREDIT NO. S960543
DATE OF ISSUE: JUNE 16, 2026 PAGE 2
1114 Avenue of the Americas
New York, NY 10036
212-551-8500
idbny.com
+THIS CREDIT IS TRANSFERABLE EXCEPT TO ANY SPECIALLY DESIGNATED NATIONALS AS DEFINED IN SECTION 500.306 OF U.S. FOREIGN ASSETS CONTROL REGULATIONS.
WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) AND DOCUMENTS
SPECIFIED DRAWN UNDER AND IN CONFORMITY WITH THE TERMS AND
CONDITIONS OF THIS STANDBY LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US AT 1114 AVENUE OF THE AMERICAS, NEW YORK, NY 10036 ATTN: TRADE FINANCE DEPT.
IN THE EVENT YOU WISH TO COMMUNICATE WITH US, YOU MAY
SEND EMAIL TO: [email protected] AND [email protected]
EXCEPT AS FAR AS OTHERWISE STATED HEREIN, THIS STANDBY LETTER
OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES ISP98, INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 590. ************ISRAEL DISCOUNT BANK OF NEW YORK************ ********** end of cre d it* ******** *
EXHIBIT D
lender IDB Bank' is a registered service mark of Israel Discount Bank of New York. Member FDIC.
Israel Discount Bank of New York
1114 Avenue of the Americas
New York, NY 10036
New York, NY 20
Re: Standby Letter of Credit No.:
Issued by Israel Discount Bank of New York, NY
To whom it may concern:
For value received, the undersigned beneficiary hereby irrevocably transfers to:
(Name of Transferee)
(Address)
all rights of the undersigned beneficiary to draw under the above Standby Letter of Credit in its entirety.
By this transfer, all rights of the undersigned beneficiary in such Standby Letter of Credit are transferred to the Transferee, and the Transferee shall have the sole rights as beneficiary thereof, including sole rights relating to any amendments, whether increases or extensions or other amendments, and whether now existing or hereafter made. All amendments are to be advised directly to the Transferee without necessity for any consent of, or notice to, the undersigned beneficiary.
The original Standby Letter of Credit is returned herewith, together with all amendments to date. Please endorse the transfer thereon, and forward it directly to the Transferee with your customary notice of transfer.
Very truly yours,
(print or type name of beneficiary)
SIGNATURE AUTHENTICATED
(name of bank)
By:
(authorized signature)
(signature of beneficiary)
EXHIBIT D
(Transferred in its entirety - all amendments, including increases and extensions, applicable to Transferee)
EXHIBIT E
Insurance
RECESPE-03 LMILLIKEN
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
8/19/2026
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). producer License # 0757776
HUB International Insurance Services Inc.
PO Box 3310
Santa Barbara, CA 93130-3310
CONTACT
NAME:
™o, Ext): (805) 682-2571 FAX
(A/C, No):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC#
insurer a : Evanston Insurance Company 35378
INSURED
Receivership Specialists-Court Receiver/Referee
Kevin Singer and Future Value Construction, Inc.
11500 W. Olympic Blvd., Suite 530
Los Angeles, CA 90064
INSURER B :
INSURER C :
INSURER D :
INSURER E:
INSURER F :
COVERAGES__________________ CERTIFICATE NUMBER:______________________________________REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE ADDL
INSD
SUBR
WVD POLICY NUMBER POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY
X 3AB015718 6/10/2026 6/10/2027
EACH OCCURRENCE $ 1,000,000
| CLAIMS-MADE | X OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) ' 100,000
MED EXP (Any one person) . 5,000«J>
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LI VIIT APPLIES PER:
CT 1 LOC
GENERAL AGGREGATE . 2,000,000
POLICY | 1 jf
PRODUCTS - COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY IN JURY(Per person) $
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-QWNED
AUTOS ONLY
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident) $
$
UMBRELLA LIAB OCCUR
CLAIMS-MADE
EACH OCCURRENCE $
EXCESS LIAB AGGREGATE $
DED | | RETENTIONS
$
WORKERS COMPENSATION
AND EMPLOYERS’ LIABILITY v ,..Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?(Mandatory in NH) - ------- 1
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
I PER I I OTH-
I STATUTE I I ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 15 ACRES OF VACANT LAND AT TRACT 6850, PHASE 2, BAKERFIELD, CA 93306.
The City Bakersfield, its mayor, council, officers, agents, employees and volunteers are included as an additional insured. exhibit e
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CITY OF BAKERSFIELD
OFFICE OF RISK MANAGEMENT
1600 TRUXTUNAVE.
Bakersfield, CA 93301
___________ I________________________________________________________
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 3AB015718 COMMERCIAL GENERAL LIABILITY
CG 20 12 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - STATE OR GOVERNMENTAL
AGENCY OR SUBDIVISION OR POLITICAL
SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
State Or Governmental Agency Or Subdivision Or Political Subdivision:
City of Bakersfield Office of Risk Management 1600 Truxtun Ave Bakersfield, CA 93301 Section II - Who Is An Insured is amended to
include as an insured any state or governmental
agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions:
1. This insurance applies only with respect to
operations performed by you or on your behalf for
which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization.
2. This insurance does not apply to:
a. "Bodily injury", "property damage" or "personal
and advertising injury" arising out of operations
performed for the federal government, state or
municipality; or
b. "Bodily injury" or "property damage" included
within the "products-completed operations
hazard".
EXHIBIT E
CG 20 12 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1
Receivership Specialists
STATE AND U.S. FEDERAL COURT RECEIVERS/REFEREES/TRUSTEES June 24,2026 VIA EMAIL
From: Kevin Singer
Superior Court Receiver
Receivership Specialists
11500 W. Olympic Boulevard, Suite 530
Los Angeles, California 90064
[email protected]
To: City of Bakersfield
Louis R. Rodriguez
ENGINEER I - Land Development
[email protected]
Re: Tract 6850 Phase 2
I am the Superior Court Receiver appointed over the above-referenced property, more specifically described as “15 ACRES OF VACANT LAND AT TRACT 6850, PHASE 2, BAKERFIELD, CA 93306” (the “Property”) in Kern County Superior Court case 26CUB01495.
The Property has no employees, and consequently does not carry workers’ compensation insurance.
Similarly, the Property owns no automobiles, and consequently does not carry automobile liability insurance.
Please let me know if you have any questions or concerns. I can be reached at (310) 552-9064, and my Senior Project Manager, Andy Hoover, can be reached at (310) 892-7909.
Sincerely,
Kevin Singer
Superior Court Receiver
EXHIBIT e
Corporate Headquarters
Los Angeles
11500 W. Olympic Blvd.
Suite 530
Los Angeles, CA 90064
Tel: (310)552-9064
Fax: (310)552-9066
Irvine
One Park Plaza
Suite 600, PMB 435
Irvine, CA 92614
Tel: (949)238-2801
Fax: (949)852-4480
San Francisco
One Sansome Street
Suite 1400
San Francisco, CA 94104
Tel: (415)590-4823
Fax: (415)946-8837
San Diego
4660 La Jolla Village Dr.
Suite 100
San Diego, CA 92122
Tel: (858)546-4815
Fax: (858)646-3097
Ventura/Santa Barbara
1500 Palma Drive
2nd Floor
Ventura, CA 93003
Tel: (805)267-1283
Fax: (805)654-0080
Sacramento
980 9th Street
16th Floor
Sacramento, CA 95814
Tel: (916)449-9655
Fax: (916)446-7104
Las Vegas
7251 W. Lake Mead Blvd.
Suite 300
Las Vegas, NV 89128
Tel: (702)562-4230
Fax: (702)562-4001
Reno
200 S. Virginia Street
Suite 800
Reno, NV 89501
Tel: (775)398-3103
Fax: (775) 686-2401
Phoenix
2 N. Central Ave.
Suite 1800
Phoenix, AZ 85004
Tel: (602)343-1889
Fax: (602)343-1801
Receivership Specialists 1495
BAKERSFIELD
THE SOUND OF freh/teUw} I?*#/-
Workers' Compensation Coverage
Exemption Declaration
The undersigned (hereinafter referred to as “I" or "Me”) hereby declares that the following is true and correct:
I am an individual or a company that has entered, or will be entering, into an agreement with the City of Bakersfield to provide goods or services.
I am familiar with the terms of said agreement which require Me to maintain workers’ compensation coverage as required by California Law.
I am familiar with the workers’ compensation laws of California (generally contained in section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry workers’ compensation insurance, and I am exempted under the law from the requirement to maintain workers’ compensation insurance coverage.
In addition, during the term of any work for the City of Bakersfield under said agreement, (i) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, or (ii) should I become subject to the worker’s compensation provision of Section 3700 of the Labor Code for any reason, I shall forthwith comply with those provisions and send evidence of compliance to the City of Bakersfield.
Title: Court Receiver Telephone: (310) 552-9064
Warning: In California, failure to secure workers’ compensation coverage is unlawful and shall subject an employer to criminal penalties and civil fines up to one hundred thousand dollars ($100,000). In addition to the cost of compensation, damages may be assessed as provided for in Section 3706 of the Labor Code, including, but not necessarily limited to, interest and attorney’s fees.
Risk Management -09/19
EXHIBIT E