HomeMy WebLinkAboutCC Reso No 2016-020 CC Reso CFD No. 2015-2, Declaring Its Intention to Annex Territory into CFD No. 2015-2RESOLUTION NO. 2016 -020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE DECLARING ITS INTENTION TO
ANNEX TERRITORY INTO COMMUNITY FACILITIES
DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) OF
THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF
THE AREA TO BE PROPOSED (ANNEXATION NO. 1)
AND AUTHORIZING THE LEVY OF A SPECIAL TAXES
THEREIN
WHEREAS, on September 22, 2015, the City Council (the "City Council ") of the City of
Lake Elsinore (the "City ") approved Resolution No. 2015 -078 establishing Community
Facilities District No. 2015 -2 (Maintenance Services) of the City of Lake Elsinore, County
of Riverside, State of California, defined the "CFD No. 2015 -2 ", for the purpose of levying
special taxes on parcels of taxable property therein for the purpose of providing certain
services which are necessary to meet increased demands placed upon the City; and
WHEREAS, the City Council has received a written instrument from the landowner in
the CFD No. 2015 -2 to initiate and conduct proceedings pursuant to the Act, to annex
territory to CFD No. 2015 -2 and consenting to the shortening of election time
requirements, waiving analysis and arguments, and waiving all notice requirements
relating to the conduct of the election; and
WHEREAS, the City Council has been advised that certain property owners have
requested that the area shown in Exhibit D be annexed territory to the boundaries of
CFD No. 2015 -2, that a rate and method of apportionment of the special tax to be levied
therein be established.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT 2015 -2 (MAINTENANCE SERVICES) OF THE
CITY OF LAKE ELSINORE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Intent to Annex. The City Council hereby declares that it proposes and
intends to conduct proceedings pursuant to Article 3.5 for the annexation to the
Community Facilities District of the territory described in Exhibit A attached hereto. The
City Council determines that the public convenience and necessity require that such
territory be annexed to the Community Facilities District.
Section 2. Name of the Community Facilities District The name of the existing
community facilities district is known as "Community Facilities District No. 2015 -2
(Maintenance Services)."
City Council Resolution No. 2016 -020
Page 2 of 3
Section 3. Description of Territory Proposed to be Annexed, Annexation Map. The
territory proposed to be annexed are included within the boundaries within which
property may annex to CFD No. 2015 -2 and are more particularly described and shown
on that certain map entitled "Boundaries — Potential Annexation Area Community
Facilities District No. 2015 -2 (Maintenance Services) of the City of Lake Elsinore, County
of Riverside, State of California," as recorded on August 19, 2015 in Book 78 of Maps
of Assessment and Community Facilities District, Page 74, and as Instrument No. 2015-
0369598 in the official records of the County of Riverside. The territory proposed to be
annexed to the CFD No. 2015 -2 is described in Exhibit A attached hereto and by this
reference made a part hereof. Such territory is also shown and described on the map
thereof entitled "Annexation Map No. 1, Community Facilities District No. 2015 -2
(Maintenance Services), City of Lake Elsinore, County of Riverside, State of California,"
which is on file with the City Clerk (the "Annexation Map ") and attached hereto as Exhibit
D.
Section 4. Description of Authorized Services. The services proposed to be financed
by CFD No. 2015 -2 (the "Services ") are described in Exhibit B attached hereto. The
cost of providing the Services includes "incidental expenses," which include costs
associated of CFD No. 2015 -2, determination of the amount of special taxes, collection
or payment of special taxes, or costs otherwise incurred in order to carry out the
authorized purposes of CFD No. 2015 -2. The Services authorized to be financed by
CFD No. 2015 -2 are in addition to those currently provided in the territory of CFD No.
2015 -2 and do not supplant services already available within that territory.
Section 5. Levy of Special Taxes. Except where funds are otherwise available, a
special tax sufficient to pay the costs of the Services (including incidental expenses),
secured by recordation of a continuing lien against all nonexempt real property in CFD
No. 2015 -2, will be levied annually within CFD No. 2015 -2. The rate and method of
apportionment, and manner of collection of the special tax are specified in Exhibit C.
Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets
and Highways Code, the City Council adopts the Annexation Map as the map of the
area proposed to be annexed to the CFD No. 2015 -2. Pursuant to Section 3111 of said
Code, the City Clerk shall file the original of the Annexation map in his office and shall
file a copy of the Annexation Map with the County Recorder of the County of Riverside
no later than 15 days prior to the date of the hearing specified in Section 7 hereof.
Section 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon
thereafter as practicable, on Tuesday, April 12, 2016, in the City Council Chambers
located at 183 N Main St., Lake Elsinore, California 92530, as the time and place when
and where the City Council will conduct a public hearing on the proposed annexation of
the said territory to the CFD No. 2015 -2.
Section 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or
cause to be published, a notice of said public hearing, in substantially the form attached
hereto as Exhibit F, one time in a newspaper of general circulation published in the area
of CFD No. 2015 -2. The publication of said notice shall be completed at least seven
City Council Resolution No. 2016 -020
Page 3 of 3
days prior to the date herein fixed for said hearing. Said notice shall contain the
information prescribed by Section 53322 of the Act.
Section 9. _Mailing Ballets In anticipation of its action on Tuesday, April 12, 2016 to
call the election on the annexation for the same date, pursuant to waiver of election time
limits from the landowners, the City Council hereby authorizes the City Clerk to mail to
each landowner in the territory proposed to be annexed to the CFD No. 2015 -2 a ballot
in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent
form signed by the property owner is attached hereto as Exhibit E and incorporated
herein by this reference.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, this 8th day of March, 2016.
Bria Tisd Mayo
ATTEST:
Sean M. Domen, MMC
City Clerk
APPROVED AS TO FORM:
David H. Mann, Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. 2016 -020 was adopted by the City Council of the City of Lake
Elsinore, California, at the regular meeting of March 8, 2016, and that the same was
adopted by the following vote:
AYES: Council Members Jonson and Manos, Mayor Pro Tern Magee, and Mayor Tisdale
NOES: None
ABSENT: Council Member Hickman
ABSTAIN: None
Susan M. Domen, MMC
City Clerk
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Lake Elsinore Community Facilities District No. 2015 -2 (Maintenance Services) (the "CFD No.
2015 -2) Annexation No. 1 is currently comprised of three (3) parcels, located within the city boundaries. The
properties are identified by the following Riverside County Assessor's Parcel Number (APN).
APN
Tract Number
Owner Name
358 - 130 -020
TR 36682
Pardee Homes
358 - 591 -010
TR 36682
Pardee Homes
358 - 600 -038
TR 36682
Pardee Homes
EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015 -2, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and /or replacing landscaped areas (may include reserves for replacement) in public street right -of -ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards;
maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to
parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm
drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts,
infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services
may include but is not limited to the repair, removal or replacement of all or part of any of the water
quality improvements, fossil fuel filters within the public right -of -way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD
No. 2015 -2; as well as local roads within residential subdivisions located within CFD No. 2015 -2; and
any portions adjacent to the properties within CFD No. 2015 -2; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2015 -2 or for the
benefit of the properties within the boundaries of CFD No. 2015 -2, as the boundary is expanded from
time to time by anticipated annexations, and said services may be financed by proceeds of the special
tax of CFD No. 2015 -2 only to the extent that they are in addition to those provided in the territory of
CFD No. 2015 -2 before CFD No. 2015 -2 was created.
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
OF THE CITY OF LAKE ELSINORE
A Special Tax (the "Special Tax ") shall be levied on and collected from each Assessor's Parcel (defined
below) in Community Facilities District No. 2015 -2 (Maintenance Services) (the "CFD No. 2015 -2" or
"CFD "; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning
July 1, 2015, in an amount determined by the City Council of the City of Lake Elsinore, acting ex officio as
the legislative body of CFD No. 2015 -2, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2015 -2, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on any Assessor's Parcel
Map, or if the land area is not shown on the Assessor's Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
"Administrative Expenses" means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2015 -2 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2015 -2, or any designee
thereof associated with fulfilling the CFD No. 2015 -2 disclosure requirements; the costs associated
with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2015 -2
or any designee thereof related to an appeal of the Special Tax; and the City's annual administration
fees including payment of a proportional share of salaries and benefits of any City employees and
City overhead whose duties are related to the administration and third party expenses.
Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No.
2015 -2 for any other administrative purposes of CFD No. 2015 -2, including attorney's fees and other
costs related to commencing and pursuing to completion any foreclosure of delinquent Special
Taxes.
"Administrator" means the City Manager of the City of Lake Elsinore, or his or her designee.
"Approved Property" means all Assessor's Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is
being levied, and that have not been issued a building permit on or prior to the March 1 preceding
the Fiscal year in which the special tax is being levied.
"Assessor's Parcel" means a lot or parcel of land that is identifiable by an Assessor's Parcel Number
by the County Assessor of the County of Riverside.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by
Assessor's Parcel Number.
"Assessor's Parcel Number" means that identification number assigned to a parcel by the County
Assessor of the County.
City of Lake Elsinore 2-1
Community Facilities District No. 2015 -2 (Maintenance Services)
"Building Square Footage" or "BSF" means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non - Residential Property and
any Building Square Footage subsequently added to a building of such Taxable Property after
issuance of a building permit for expansion or renovation of such building.
"Calendar Year" means the period commencing January 1 of any year and ending the following
December 31.
"CFD" or "CFD No. 2015 -2" means the City of Lake Elsinore Community Facilities District No. 2015 -2
(Maintenance Services).
"City" has the meaning set forth in the preamble.
"Contingent Special Tax B Requirement" means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the
annual Special Tax B (Contingent) levy as determined by the Administrator.
"County" means the County of Riverside.
"Developed Property" means all Assessor's Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
"Exempt Property" means all Assessors' Parcels designated as being exempt from the Special Tax as
provided for in Section G.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates
individual lots for which building permits may be issued without further subdivision.
"Fiscal Year" means the period from and including July Vt of any year to and including the following
June 30tH
"Land Use Category" or "LUC" means any of the categories contained in Section B hereof to which
an Assessor's Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor's Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
"Maximum Special Tax" means either Maximum Special Tax A and /or Maximum Special Tax B
(Contingent), as applicable.
"Maximum Special Tax A" means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2015 -2.
City of Lake Elsinore 2 -2
Community Facilities District No. 2015 -2 (Maintenance Services)
"Maximum Special Tax B (Contingent)" means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any
Assessor's Parcel of Taxable Property within CFD No. 2015 -2.
"Multi- Family Residential Property" means any Assessor's Parcel of residential property that
consists of a building or buildings comprised of attached Residential Units sharing at least one
common wall with another unit.
"Non- Residential Property" or "NR" means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non - residential use. The Administrator shall make the
determination if an Assessor's Parcel is Non - Residential Property.
"Property Owner's Association" or "POA" means the property owner's association or homeowner's
association established to maintain certain landscaping within a Tax Zone.
"Proportionately" means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
"Residential Unit" or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
"Residential Property" means all Assessor's Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued
for purposes of constructing one or more Residential Units.
"Service(s)" means services permitted under the Mello -Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2015 -2 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
"Single Family Residential Property" means any residential property other than Multi - Family
Residential Property on an Assessor's Parcel.
"Special Tax(es)" means the Special Tax A and /or Special Tax B (Contingent) to be levied in each
Fiscal Year on each Assessor's Parcel of Taxable Property.
"Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal
Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2015 -2 in
both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct
costs for maintenance services including but not limited to (i) maintenance and lighting of parks,
parkways, streets, roads and open space, (ii) maintenance and operation of water quality
improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as
determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the
Special Tax A Requirement include funds for Bonds.
City of Lake Elsinore 2 -3
Community Facilities District No. 2015 -2 (Maintenance Services)
"Special Tax B (Contingent)" means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor's Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor's Parcels within CFD No. 2015 -2, which are not Exempt
Property.
"Taxable Unit" means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates
may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C
identifies the Tax Zone in CFD No. 2015 -2 at formation; additional Tax Zones may be created when
property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land within a subdivision identified by a particular tract number on a
Final Map approved for the subdivision.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 2015 -2 shall be
classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject
to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor's Parcels of
Developed Property and Approved Property shall be classified as either Residential Property or Non -
Residential Property. Residential Property shall be further classified as Single Family Residential
Property or Multi - Family Residential Property and the number of Residential Units shall be
determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor's Parcels of
Developed Property and Approved Property which are classified as Residential Property, all such
Assessor's Parcels shall be assigned the number of Residential Unit(s) constructed or to be
constructed thereon as specified in or shown on the building permit(s) issued or Final Map as
determined by the Administrator. For Parcels of undeveloped property zoned for development
of single family attached or multi - family units, the number of Residential Units shall be
determined by referencing the condominium plan, apartment plan, site plan or other
development plan, or by assigning the maximum allowable units permitted based on the
underlying zoning for the Parcel. Once a single family attached or multi - family building or
buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual
number of Residential Units contained within the building or buildings, and the Special Tax A
levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual
number of Residential Units by the Maximum Special Tax per Residential Unit identified for the
Tract below or as included in Appendix A as each Annexation occurs.
City of Lake Elsinore 2 -4
Community Facilities District No. 2015 -2 (Maintenance Services)
For purposes of determining the applicable Maximum Special Tax for Assessor's Parcels of
Developed Property and Approved Property which are classified as Non - Residential Property, all
such Assessor's Parcels shall be assigned the number of Building Square Footage or Acres as
shown on the Final Map as determined by the Administrator. Once the Administrator
determines the actual number of Building Square Footage or Acres for the Assessor's Parcels,
the Special Tax A levied against the Assessor's Parcel in the next Fiscal Year shall be calculated
by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per
Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation
occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor's Parcel of Developed Property shall be
specific to each Tax Zone within the CFD. When additional property is annexed into CFD No.
2015 -2, the rate and method adopted for the annexed property shall reflect the Maximum
Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special
Tax A for Developed Property for Fiscal Year 2015 -2016 within Tax Zone 1 is identified in
Table 1 below:
Tax
Zone Tract
1 LLA- 2014 -2743
TABLE 1 MAXIMUM
SPECIAL TAX A RATES
DEVELOPED PROPERTY
I Taxable Maximum
Land Use Category Unit Special Tax A
Non- Residential Property Acre $121
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0 %), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use
Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than
one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of
property based on the amount of Acreage designated for each land use as determined by
reference to the site plan approved for such Assessor's Parcel. The Administrator's
allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor's Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015 -2, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
City of Lake Elsinore 2-5
Community Facilities District No. 2015 -2 (Maintenance Services)
Tax
Zone
1
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved
property Fiscal Year 2015 -2016 within Tax Zone 1 is identified in Table 2 below:
TABLE 2 MAXIMUM
SPECIAL TAX A RATES
APPROVED PROPERTY
Taxable Maximum
Tract Land Use Category Unit _ Special Tax A
LLA- 2014 -2743 Non - Residential Property Acre $121
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal
Year, or ii) by two percent (2.0 %), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor's Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015 -2, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for
Undeveloped Property for Fiscal Year 2015 -2016 within Tax Zone 1 is identified in Table 3 below:
TABLE 3 MAXIMUM
SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit
1 LLA- 2014 -2743 Acre
Maximum Special Tax A
$121
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
(i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor's Parcel of Taxable Property is
shown in Table 1 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2015 -2, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015-
2016 within Tax Zone 1 is identified in Table 4 below:
City of Lake Elsinore 2 -6
Community Facilities District No. 2015 -2 (Maintenance Services)
TABLE 4
MAXIMUM SPECIALTAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax Taxable Maximum Special
Zone Tract Land Use Category Unit _ Tax B (Contingent)
1 LLA- 2014 -2743 Non - Residential Property Acre $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning
of the preceding Fiscal Year, or ii) by two percent (2.0 %), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be
allocated to each type of property based on the amount of Acreage designated for each land
use as determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor's Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2015 -2, the rate and method adopted for the annexed property shall
reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in
Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015 -2016 within the Tax
Zone is identified in Table 5 below:
TABLES
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax Taxable Maximum Special
Zone Tract Land Use Category Unit Tax B (Contingent)
1 LLA- 2014 -2743 Non - Residential Property Acre $0
On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for
Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All
Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0 %), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor's Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2015 -2, the rate and method adopted for the annexed property shall
City of Lake Elsinore 2-7
Community Facilities District No. 2015 -2 (Maintenance Services)
reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in
Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015 -2016 within the Tax
Zone is identified in Table 6 below:
TABLE 6
MAXIMUM SPECIALTAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Maximum Special
Tracts Taxable Unit Tax B (Contingent)
1 LLA- 2014 -2743 Acre $0
On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for
Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All
Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2015 -2016 and for each following Fiscal Year, the Council shall
determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor's Parcels of
Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement
for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor's Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the
Special Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor's Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year 2015 -2016 and for each following Fiscal Year, the Council shall
determine the Contingent Special Tax B Requirement and shall levy the Special Tax on all Assessor's
Parcels of Taxable Property until the aggregate amount of Special Tax B (Contingent) equals the
Contingent Special Tax B Requirement. The Special Tax B (Contingent) shall be levied for each Fiscal
Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor's Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
City of Lake Elsinore 2 -8
Community Facilities District No. 2015 -2 (Maintenance Services)
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement
after the first step has been completed, the Special Tax B (Contingent) shall be levied
Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the
Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement
after the first two steps has been completed, the Special Tax B (Contingent) shall be levied
Proportionately on all Assessor's Parcels of Undeveloped Property within such Tax Zone up to 100%
of the Maximum Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2015 -2 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government
Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax
Zone when annexed and included in Appendix A.
F. TERM OF SPECIAL TAX
For each Fiscal Year, the Special Taxes shall be levied as long as the Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2015 -2, any Assessor's Parcel in any of the
following categories; (i) Assessor's Parcels which are owned by, irrevocably offered for dedication,
encumbered by or restricted in use by any public entity; (ii) Assessor's Parcels with public or utility
easements making impractical their utilization for other than the purposes set forth in the
easement; (iii) Assessor's Parcels which are privately owned but are encumbered by or restricted
solely for public uses; or (iv) any Assessor's Parcel which is in use in the performance of a public
function as determined by the Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct
may file a written notice of appeal with the City not later than twelve months after having paid the
first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2015 -2 shall
promptly review the appeal, and if necessary, meet with the property owner, consider written and
oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the
representative's decision requires that the Special Tax for an Assessor's Parcel be modified or
changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be
made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s).
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2015 -2 may collect the Special Tax at a different
time or in a different manner if necessary to meet its financial obligations.
City of Lake Elsinore 2-9
Community Facilities District No. 2015 -2 (Maintenance Services)
APPENDIXA
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's
maintenance services for Fiscal Year 2016 -17. These services are being funded by the levy of
Special Tax A for Community Facilities District No. 2015 -2.
TAX ZONE 2
TRACT NO. 36682
Item I Description
Estimated Cost
1 1 Streetlights
$4,840
2 T Streets
$16,202
3 Trails j
$370
4 Graffiti
$370
_
5 Reserves
$2,931
6 Admin
$1,466
Total
$26,179
Special Tax B Contingent Services - The estimate breaks down the costs of providing one year's
maintenance services for Fiscal Year 2016 -17. These services are being funded by the levy of
Special Tax B (Contingent) for Community Facilities District No. 2015 -2.
TAX ZONE 2
TRACT NO. 36682
Item Description Estimated Cost
1 Landscaping $4,228
2 Drainage $3,300
Total _ $7,528
MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2017 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
City of Lake Elsinore 2 -10
Community Facilities District No. 2015 -2 (Maintenance Services)
Fiscal
No. of
Maximum
Maximum
Tax
Year
Taxable
Land Use
Taxable
Special Tax
Special Tax B
Zone
Included
Tract
Units
Category
Unit
A
(Contingent)
Subdivider
2
2016 -17
36682
74
Residential
Lot
S354__[
$102
Pardee Homes
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2017 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
City of Lake Elsinore 2 -10
Community Facilities District No. 2015 -2 (Maintenance Services)
APPENDIX B
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015 -2, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and /or replacing landscaped areas (may include reserves for replacement) in public street right -of -ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to
street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards;
maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to
parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm
drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts,
infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services
may include but is not limited to the repair, removal or replacement of all or part of any of the water
quality improvements, fossil fuel filters within the public right -of -way including the removal of
petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of
inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the
maintenance, servicing; or both of the water quality basin improvements within flood control channel
improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD
No. 2015 -2; as well as local roads within residential subdivisions located within CFD No. 2015 -2; and any
portions adjacent to the properties within CFD No. 2015 -2; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2015 -2 or for the
benefit of the properties within the boundaries of CFD No. 2015 -2, as the boundary is expanded from
time to time by anticipated annexations, and said services may be financed by proceeds of the special
tax of CFD No. 2015 -2 only to the extent that they are in addition to those provided in the territory of
CFD No. 2015 -2 before CFD No. 2015 -2 was created.
City of Lake Elsinore 2 -11
Community Facilities District No. 2015 -2 (Maintenance Services)
APPENDIX C
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
City of Lake Elsinore 2 -12
Community Facilities District No. 2015 -2 (Maintenance Services)
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EXHIBIT E
WAIVER AND CONSENT RESPECTING CONDUCT OF
MAILED - BALLOT, LANDOWNER ELECTION
PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
REQUESTING ANNEXATION OF PROPERTY TO COMMUNITY FACILITIES
DISTRICT 2015 -2 (MAINTENANCE SERVICES) WITHIN THE CITY OF LAKE
ELSINORE AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL
MATTERS UNDER THE MELLO -ROOS COMMUNITY FACILITIES ACT OF 1982
AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE
COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES
DISTRICT
1. The undersigned requests that the City Council of the City of Lake
Elsinore, initiate and conduct proceedings pursuant to the Mello -Roos Community Facilities Act
of 1982 (the "Act ") (Government Code Section 53311 et seq.), for the annexation of the
property described below into Community Facilities District 2015 -2 (Maintenance Services).
2. The undersigned requests that the community facilities district provide
any services that are permitted under the Act including, but not limited to, all necessary service,
operations, administration and maintenance required to keep the landscape lighting, street
lighting, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems,
graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and
associated appurtenant facilities within the district in a healthy, vigorous and satisfactory
working condition.
3. The undersigned hereby certifies that as of the date indicated opposite
its signature, it is the owner of all the property to be annexed into the community facilities
district described in Exhibit A hereto and as shown on the map Exhibit B hereto, (the
"Property ".)
4. The undersigned requests that a special election be held under the Act to
authorize the special taxes for the proposed community facilities district within the Property.
The undersigned waives any requirement for the mailing of the ballot for the special election
and expressly agrees that said election may be conducted by mailed or hand - delivered ballot to
be returned as quickly as possible to the designated election official, being the office of the City
Clerk and the undersigned request that the results of said election be canvassed and reported
to the City Council at the same meeting of the City Council as the public hearing on the
annexation of the property to the community facilities district or at the next available meeting.
5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned
expressly waives all applicable waiting periods for the election and waives the requirement for
analysis and arguments relating to the special election, and consents to not having such
materials provided to the landowner in the ballot packet, and expressly waives any
Petition Form
requirements as to the form of the ballot. The undersigned expressly waives all notice
requirements relating to hearings and special elections (except for published notices required
by the Act), and whether such requirements are found in the California Elections Code, the
California Government Code or other laws or procedures, including but not limited to any
notice provided for by compliance with the provisions of Section 4101 of the California
Elections Code.
6. The undersigned hereby consents to and expressly waives any and all
claims based on any irregularity, error, mistake or departure from the provisions of the Act or
other laws of the State and any and all laws and requirements incorporated therein, and no
step or action in any proceeding relative to the annexation of property to the community
facilities district or the special election therein shall be invalidated or affected by any such
irregularity, error mistake or departure.
20
IN WITNESS WHEREOF, I hereunto set my hand this day of
PARDEE HOMES
By:
Name:
Title:
OWNER'S PROPERTY:
TRACT MAP OR PARCEL MAP NO.
or PROJECT NO.
OWNER'S MAILING ADDRESS:
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE THIS DAY OF , 20
City Clerk of the City Council of the
City of Lake Elsinore
Petition Form
INSERT EXHIBIT A: BOUNDARY DESCRIPTION
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Lake Elsinore Community Facilities District No. 2015 -2 (Maintenance Services) (the "CFD No.
2015 -2) Annexation No. 1 is currently comprised of three (3) parcels, located within the city boundaries. The
properties are identified by the following Riverside County Assessor's Parcel Number (APN).
APN
Tract Number
Owner Name
358 - 130 -020
TR 36682
Pardee Homes
Pardee Homes
358- 591 -010
TR 36682
358 - 600 -038
TR 36682
Pardee Homes
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EXHIBIT F
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX
TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2015 -2
(MAINTENANCE SERVICES)
(ANNEXATION NO. 1)
NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore on March 8, 2016
adopted its Resolution No. 2016 -_, in which it declared its intention to annex territory to
existing Community Facilities District No. 2015 -2 (Maintenance Services) (the "CFD No. 2015-
2"), and to levy a special tax to pay for certain maintenance services, all pursuant to the
provisions of the Mello -Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2,
Title 5 of the California Government Code. The resolution describes the territory to be annexed
and describes the rate and method of apportionment of the proposed special tax. No change in
the tax levied in the existing CFD No. 2015 -2 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon
thereafter as practicable, Tuesday, April 12, 2016 in the City Council Chambers located at 183
N Main St., Lake Elsinore, California 92530, as the time and place when and where the City
Council will conduct a public hearing on the establishment of CFD No. 2015 -2. At the hearing,
the testimony of all interest persons for or against the annexation of the territory or the levying of
the special taxes will be heard.
DATED: 2016
Susan Domen, City Clerk of the City of Lake
Elsinore
EXHIBIT G
SPECIAL TAX ELECTION
CITY OF LAKE ELSINORE
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES
ANNEXATION NO. 1
(APRIL 12, 2016)
This ballot is for the use of the authorized representative of the following owner of land within
Annexation No. 1 of the Community Facilities District No. 2015 -2 (Maintenance Services) ( "CFD
No. 2015 -2 ") of the City of Lake Elsinore:
Name of Landowner Number of Acres Owned Total Votes
Pardee Homes 21.13 21
According to the provisions of the Mello -Roos Community Facilities Act of 1982, and resolutions
of the City Council (the "Council ") of the City of Lake Elsinore (the "City "), the above -named
landowner is entitled to cast the number of votes shown above under the heading "Total Votes,"
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to be annexed to the CFD No. 2015 -2, City of
Lake Elsinore, County of Riverside, State of California. Please advise the City Clerk, at (951)
674 -3124 x 269 if the name set forth below is incorrect or if you are no longer one of the owners
of these parcels. This special tax ballot may be used to express either support for or opposition
to the proposed special tax. To be counted, this special tax ballot must be signed below by the
owner or, if the owner is not an individual, by an authorized representative of the owner. The
ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
March 29, 2016, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on April 12,
2016, at the Clerk's office at 130 N Main St. Lake Elsinore, CA 92530.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on April 12, 2016.
Very truly yours,
Susan M. Domen, MMC
City Clerk
City of Lake Elsinore
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE,
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor's Parcel Numbe
Pardee Homes 358- 130 -020
Attn: Michael Heishman
35050 Canyon Hills Road
Lake Elsinore, CA 92532
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES)
ANNEXATION NO. 1
AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE
Shall the City Council of the City of Lake Elsinore be authorized to
levy a special tax on an annual basis at the rates and apportioned as
described in Exhibit C to the Resolution Declaring its Intention to
Annex Territory to Community Facilities District No. 2015 -2
(Maintenance Services) adopted by the City Council on March 8,
2016 (the "Resolution "), which is incorporated herein by this
reference, within the territory identified on the map entitled
"Annexation Map No. 1 of Community Facilities District No. 2015 -2
(Maintenance Services) City of Lake Elsinore" to finance certain
services as set forth in Section 4 to the Resolution (including
incidental expenses) and shall an appropriation limit be established
for Community Facilities District No. 2015 -2 (Maintenance Services)
in the amount of special taxes collected?
Certification for Special Election Ballot
MARK "YES" OR "NO"
WITH AN "X ":
YES
NO
The undersigned is an authorized representative of the above -named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above -named
landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on , 20_.
Pardee Homes
By: Michael Heishman
Signature
Print Name
Title