HomeMy WebLinkAbout0009_5_CFD 2015-5 - Exhibit C PetitionStradling Yocca Carlson & Rauth
Draft of 5/17/16
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PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE REQUESTING INSTITUTION OF PROCEEDINGS
FOR ESTABLISHMENT OF A COMMUNITY FACILITIES
DISTRICT (COMMUNITY FACILITIES DISTRICT NO. 2015-5 OF
THE CITY OF LAKE ELSINORE (TRIESTE))
1.The undersigned (the “Owner”) is the owner of more than 10% of the land
depicted in Exhibit A hereto and described in Exhibit B hereto (the “Property”), which land is
expected to be all of the land included within the boundaries of a community facilities district
hereby proposed to be established. The Property is located within the City of Lake Elsinore (the
“City”) in the County of Riverside.
2.The Owner requests that the City Council of the City (the “City Council”) institute
proceedings to establish a community facilities district to be known as “Community Facilities
District No. 2015-5 of the City of Lake Elsinore (Trieste)” (referred to herein as the “District”)
pursuant to Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5, of the
Government Code of the State of California, commonly known as the “Mello-Roos Community
Facilities Act of 1982” (the “Act”) to include all of the Property.
3.The boundaries of the territory which is proposed for inclusion in the District are
those depicted in Exhibit A hereto and described in Exhibit B hereto.
4.The Owner requests that the proposed District be used to finance the
construction, purchase, modification, expansion and/or improvement of (i) drainage, library,
park, roadway and other public facilities of the City, including the foregoing public facilities which
are included in the City’s fee programs with respect to such facilities and authorized to be
financed under the Mello-Roos Community Facilities Act of 1982, as amended (the “City
Facilities”) and (ii) water and sewer facilities including the acquisition of capacity in the sewer
system and/or water system of the Elsinore Valley Municipal Water District which are included in
Elsinore Valley Municipal Water District’s water and sewer capacity and connection fee
programs (the “Water District Facilities” and together, with the City Facilities, the “Facilities”),
and all appurtenances and appurtenant work in connection with the foregoing Facilities,
including the cost of engineering, planning, designing, materials testing, coordination,
construction staking, construction management and supervision for such Facilities, and to
finance the incidental expenses to be incurred, including:
a.The cost of engineering, planning and designing the Facilities;
b.All costs, including costs of the property owner petitioning to form the District,
associated with the creation of the District, the issuance of the bonds, the determination of the
amount of special taxes to be levied and costs otherwise incurred in order to carry out the
authorized purposes of the District; and
c.Any other expenses incidental to the construction, acquisition, modification,
rehabilitation, completion and inspection of the Facilities.
5.The Owner further requests that the City Council authorize the levy of special
taxes in the District to pay the costs of the Facilities and the incidental costs described in
paragraph 4 above and to pay principal of, interest and premium, if any, on the bonds in order to
contribute to the financing of the Facilities and costs described in paragraph 4 above.
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6.The Owner further requests that, upon the sale of bonds, the City Council, as
legislative body of the District, annually levy special taxes for the Facilities on the property within
the District for the construction, acquisition and rehabilitation of the Facilities, for the payment of
the aggregate amount of principal of and interest owing on the bonds in each fiscal year,
including the maintenance of reserves therefor, and for the payment of administrative expenses
of the District.
7.The Owner has advanced to the City the amounts necessary to pay for the costs
related to the formation of the District, which amounts will be reimbursed, without interest, from
the proceeds of the first sale of the bonds, if any. The reimbursement of such amounts is
expected to be governed by the terms of that certain Reimbursement Agreement to be entered
into by and between the City and the Owner relating to the District. If bonds are not sold, the
City will have no obligation to reimburse amounts expended for costs incurred, but will
reimburse any unexpended amounts advanced by the Owner as set forth in the Reimbursement
Agreement.
Dated: May __, 2016
FAR WEST INDUSTRIES, a California
corporation
By:
Scott Lissoy, President
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EXHIBIT A
BOUNDARY MAP
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EXHIBIT B
LEGAL DESCRIPTION
Real property in the City of Lake Elsinore, County of Riverside, State of California, described as
follows:
LOT 255 OF TRACT NO. 25479 IN THE CITY OF LAKE ELSINORE, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 367, PAGES
93 THROUGH 113, INCLUSIVE, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
APN: 347-120-047-8