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HomeMy WebLinkAboutItem No. 22 Petition CFD No. 2019-1 Westlake PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING REINSTITUTION OF PROCEEDINGS FOR ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT (COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF LAKE ELSINORE (WESTLAKE)) 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. Pursuant to a petition of the Owner dated February 5, 2019 delivered to the City, the City Council of the City (the "City Council") adopted Resolution No. 2019-004 on February 12, 2019, initiating proceedings to establish a community facilities district to be known as Community Facilities District No. 2019-1 of the City of Lake Elsinore (Westlake)" (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"). 3. Prior to the formation of the District, the Owner notified the City that additional public facilities are required with respect to the development in the proposed District which necessitates revisions to the rate and method of apportionment of special tax for the District attached to Resolution No. 2019-004 and an increase in the amount of bonded indebtedness to be incurred in the District to finance such facilities, which revisions require the abandonment of the original proceedings and the reinstitution of new proceedings to establish the District to reflect such changes. 4. Pursuant to the Act, the Owner requests that the City Council reinstitute proceedings to establish the District pursuant the Act to include all of the Property. 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. 5. The Owner requests that the proposed District be used to finance the construction, purchase, modification, expansion and/or improvement of (i) drainage, library, park, fire, roadway, traffic, administration and community center facilities, marina and animal shelter facilities, 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 Act (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; 1 4823-1816-3835v7/022042-0025 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. 6. 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 5 above (the "Special Tax") 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 5 above. 7. The Owner further requests that, upon the sale of bonds, the City Council, as legislative body of the District, annually levy Special Taxes 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. 8. 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: June•-', 2019 PARDEE HOMES, a California corporation By: Michael Taylo , Ni I n-President 2 4823-1816-3835v7/022042-0025 EXHIBIT A BOUNDARY MAP § j g: 1"d .` \ � � .. . a u. ! .0 ■ & k_2° 4 ©-©� � Q Lu co§_�u t o _ ( ■ � Lu 0wLu , 2 § 0 �. . k 0 � ( . o § §§| . \\ e;a2! § �■ d§�( §�4k0 } |§ § |0 !��! �)�f | - J . ��■�§ hod � | a k� !|kk) | kk/�*7� | ; E#ig, g §) §|k2k kBk|§B§ A! #3ag&aga7nZ2 Gang§ EXHIBIT B LEGAL DESCRIPTION Real property in the City of Lake Elsinore, County of Riverside, State of California, described as follows: Assessor Parcel Nos. (as set forth in the County of Riverside Assessor's Fiscal Year 2018-19 Roll): 379-050-034 379-050-006 B-1 4823-1816-3835v7/022042-0025