HomeMy WebLinkAboutPardee Homes - Deposit and Reimbursement Agreement for Assesment District 2003-2 (Canyon Hills) DEPOSIT AND REIMBURSEMENT AGREEMENT
THIS DEPOSIT AND REIMBURSEMENT AGREEMENT (this "Deposit
Agreement"), dated as of October 14, 2003 for identification purposes only, is by and between
the City of Lake Elsinore, California (the "City") and Pardee Homes, a California corporation
(the"Owner").
RECITALS
WHEREAS, the City has determined to initiate proceedings to create a
community facilities district designated "City of Lake Elsinore Community Facilities District
No. 2003-2 (Canyon Hills) (the "Community Facilities District") under the Mello-Roos
Community Facilities Act of 1982 (the "Act");
WHEREAS, Owner is the owner of the real property within the proposed
Community Facilities District;
WHEREAS, in accordance with City's policy regarding use of the Act, the
Owner is required to compensate the City for all costs incurred in the formation of the
Community Facilities District and issuance of bonds for the Community Facilities District;
WHEREAS, Section 533114.9 of the Act provides that, at any time either before
or after the formation of a community facilities district, the legislative body may accept advances
of funds from any source, including, but not limited to, private persons or private entities and
may provide, by resolution, for the use of those funds for any authorized purpose, including, but
not limited to, paying any cost incurred by the local agency in creating a community facilities
district(including the issuance of bonds thereby);
WHEREAS, Section 53314.9 of the Act further provides that the legislative body
may enter into an agreement, by resolution, with the person or entity advancing the funds, to
repay all or a portion of the funds advanced, as determined by the legislative body, with or
without interest under all of the following conditions: (a) the proposal to repay the funds is
included in both the resolution of intention to establish a community facilities district adopted
pursuant to Section 53521 of the Act and in the resolution of formation to establish the
community facilities district pursuant to Section 53325.1 of the Act (including the issuance of
bonds thereby), (b) any proposed special tax is approved by the qualified electors of the
community facilities district pursuant to the Act, and (c) any agreement shall specify that if the
qualified electors of the community facilities district do not approve the proposed special tax, the
local agency shall return any funds which have not been committed for any authorized purpose
by the time of the election to the person or entity advancing the funds; and
WHEREAS, the City and the Owner desire to enter into this Deposit Agreement
in accordance with Section 53314.9 of the Act in order to provide for the advancement of funds
by the Owner to be used to pay costs incurred in connection with the formation of the
Community Facilities District and issuance of special tax bonds for the Community Facilities
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District (the "Bonds"), and to provide for the reimbursement to the Owner of such funds
advanced, without interest, from the proceeds of any Bonds;
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants herein contained, the parties hereto agree as follows:
Section 1. The Deposits and Application Thereof.
(a) The Owner has previously deposited with the City the amount of$50,000
(the "Initial Deposit"). The City, by its execution hereof, acknowledges receipt of, and accepts,
the Initial Deposit.
(b) The Initial Deposit, together with any subsequent deposit required to be
made by the Owner pursuant to the terms hereof(collectively, the "Deposits"), are to be used to
pay for any costs incurred for any authorized purpose in connection with the formation of the
Community Facilities District and the issuance of the Bonds (other than costs, fees and expenses
to be paid out of the proceeds of the Bonds), including, without limitation, (i) the fees and
expenses of any consultants to the City employed in connection with the formation of the
Community Facilities District and the issuance of the Bonds, including an engineer, special tax
consultant, financial advisor, bond counsel and any other consultant deemed necessary or
advisable by the City, (ii) the costs of appraisals, market absorption and feasibility studies and
other reports deemed necessary or advisable by the City in connection with the formation of the
Community Facilities District and issuance of the Bonds, (iii) the costs of publication of notices,
preparation and mailing of ballots and other costs related to any hearing, election or other action
or proceeding undertaken in connection with the formation of the Community Facilities District
and issuance of the Bonds, (iv) reasonable charges for City staff time incurred in connection with
the formation of the Community Facilities District and the issuance of the Bonds by the
Community Facilities District, and (v) any and all other actual costs and expenses incurred by the
City in connection with the formation of the Community Facilities District and the issuance of
the Bonds (collectively, the "Initial Costs"). The City may draw upon the Deposits from time to
time to pay the Initial Costs.
(c) If, at any time, the unexpended and unencumbered balance of the Deposits
is less than $10,000, the City may request, in writing, that the Owner make an additional deposit
in an amount estimated to be sufficient, together with any such unexpended and unencumbered
balance, to pay for all Initial Costs. The Owner shall make such additional deposit with the City
within two weeks of the receipt by the Owner of the City's written request therefor. If the
Owner fails to make any such additional deposit within such two week period, the City may
cease all work related to the issuance of the Bonds.
(d) The Deposits may be commingled with other funds of the City for
purposes of investment and safekeeping, but the City shall at all times maintain records as to the
expenditure of the Deposits.
(e) The City shall provide the Owner with a written monthly summary of
expenditures made from the Deposits, and the unexpended balance thereof, within ten business
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days of receipt of the City of a written request therefor submitted by the Owner. The cost of
providing any such summary shall be charged to the Deposits.
Section 2. Return of Deposits; Reimbursement.
(a) As provided in Section 53314.9 of the Act, the approval by the qualified
electors of the Community Facilities District of the proposed special tax to be levied therein is a
condition to the repayment to the Owner of the funds advanced by the Owner pursuant hereto.
Therefore, if the qualified electors of the Community Facilities District do not approve the
proposed special tax to be levied thereon, the City shall have no obligation to repay the Owner
any portion of the Deposits expended or encumbered to pay Initial Costs. In accordance with
Section 53314.9 of the Act, if the qualified electors of the Community Facilities District do not
approve the proposed special tax to be levied therein, the City shall return to the Owner any
portion of the Deposits which have not been expended or encumbered to pay Initial Costs by the
time of the election on said proposed special tax.
(b) If proceedings for the issuance of the Bonds are terminated, the City shall,
within ten business days after official action by the City or the Community Facilities District to
terminate said proceedings, return the then unexpended and unencumbered portion of the
Deposits to the Owner, without interest.
(c) If the Bonds are issued by the Community Facilities District, the City shall
reimburse the Owner, without interest, for the portion of the Deposits that has been expended or
encumbered, said reimbursement to be made within ten business days after the issuance of such
Bonds, solely from the proceeds of such Bonds and only to the extent otherwise permitted under
the Act. The City shall, within ten business days after the issuance of such Bonds, return the
then unexpended and unencumbered portion of the Deposits to the Owner, without interest.
Section 3. Abandonment of Proceedinils. The Owner acknowledges and agrees that
the issuance of the Bonds shall be in the sole discretion of the Community Facilities District. No
provision of this Deposit Agreement shall be construed as an agreement, promise or warranty of
the City to issue the Bonds.
Section 4. Deposit Agreement Not Debt or Liability of City. As provided in
Section 53314.9(b) of the Act, this Deposit Agreement does not constitute a debt or liability of
the City, but shall constitute a debt and liability of the Community Facilities District upon its
formation. The City shall not be obligated to advance any of its own funds to pay Initial Costs or
any other costs incurred in connection with the issuance of the Bonds. No member of the City
Council of the City and no officer, employee or agent of the City shall to any extent be
personally liable hereunder.
Section 5. Notices. Notices, Demands and Communications Between the Parties. Any
notices, requests, demands, documents, approvals or disapprovals given or sent under this
Deposit Agreement from one Party to another(collectively, "Notices") may be personally
delivered, transmitted by facsimile (FAX) transmission, or deposit with the United States Postal
Service for mailing, postage prepaid, to the address of the other Party as stated in this Section,
and shall be deemed to have been given or sent at the time of personal delivery or FAX
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transmission or, if mailed, on the third day following the date of deposit in the course of
transmission with the United States Postal Service. Notices shall be sent as follows:
If to City:
City of Lake Elsinore
Attn: City Manager
130 S. Main Street
Lake Elsinore, CA 92530
FAX No. (909) 674-239
With copies to:
Van Blarcom, Leibold, McClendon& Mann, P.C.
Attn: Barbara Zeid Leibold, City Attorney
23422 Milt Creek Drive, Suite 105
Laguna Hills, CA 92653
FAX No. (949) 457-6305
If to Owner:
Pardee Homes
Attn: Jim Stringer
1181 California Ave, Suite 103
Carlsbad, CA 92881
FAX No. (909) 739-0484
Each such notice, statement, demand, consent, approval, authorization, offer, designation,
request or other communication hereunder shall be deemed delivered to the party to whom it is
addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic
communication, whether by telex, telegram or telecopier upon the sender's receipt of an
appropriate answerback or other written acknowledgement, (c) if given by registered or certified
mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours
after such notice is deposited with the United States mail, (d) if given by overnight courier, with
courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any
other means, upon delivery at the address specified in this Section.
Section 6. California Law. This Deposit Agreement shall be governed and construed
in accordance with the laws of the State of California. The Parties shall be entitled to seek any
remedy available at law and in equity. All legal actions must be instituted in the Superior Court
of the County of Riverside, State of California, in an appropriate municipal court in Riverside
County, or in the United States District Court for District of California in which Riverside
County is located.
Section 7 Successors and Assigns. This Deposit Agreement shall be binding upon and
insure to the benefit of the successors and assigns of the parties hereto.
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Section 8 Counterparts. This Deposit Agreement may be executed in counterparts,
each of which shall be deemed an original and all of which shall constitute but one and the same
instrument.
Section 9. Other Agreements. The obligations of the Owner hereunder shall be that of
a party hereto. Nothing herein shall be construed as affecting the City's or Owner's rights, or
duties to perform their respective obligations, under other agreements, use regulations or
subdivision requirements relating to the development. This Deposit Agreement shall not confer
any additional rights, or waive any rights given, by either party hereto under any development or
other agreement to which they are a party.
Section 10. Titles and Captions. Titles and captions are for convenience of reference
only and do not define, describe or limit the scope or the intent of this Deposit Agreement or of
any of its terms. Reference to section numbers are to sections in this Deposit Agreement, unless
expressly stated otherwise.
Section 11. Interpretation. As used in this Deposit Agreement, masculine, feminine or
neuter gender and the singular or plural number shall each be deemed to include the others where
and when the context so dictates. The word "including" shall be construed as if followed by the
words "without limitation." This Deposit Agreement shall be interpreted as though prepared
jointly by both Parties.
Section 12. No Waiver. A waiver by either Party of a breach of any of the covenants,
conditions or agreements under this Deposit Agreement to be performed by the other Party shall
not be construed as a waiver of any succeeding breach of the same or other covenants,
agreements, restrictions or conditions of this Deposit Agreement.
Section 13. Modifications. Any alteration, change or modification of or to this Deposit
Agreement, in order to become effective, shall be made in writing and in each instance signed on
behalf of each Party.
Section 14. Severability. If any term, provision, condition or covenant of this Deposit
Agreement or its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Deposit Agreement, or the application of the term,
provision, condition or covenant to persons or circumstances other than those as to whom or
which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable
to the fullest extent permitted by law.
Section 15. Computation of Time. The time in which any act is to be done under this
Deposit Agreement is computed by excluding the first day (such as the day escrow opens), and
including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is
also excluded. The term"holiday" shall mean all holidays as specified in Section 6700 and 6701
of the California Government Code. If any act is to be done by a particular time during a day,
that time shall be Pacific Time Zone time.
Section 16. Legal Advice. Each Party represents and warrants to the other the
following: they have carefully read this Deposit Agreement, and in signing this Deposit
Agreement, they do so with full knowledge of any right which they may have; they have
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received independent legal advice from their respective legal counsel as to the matter set forth in
this Deposit Agreement, or have knowingly chosen not to consult legal counsel as to the matters
set forth in this Deposit Agreement; and, they have freely signed this Deposit Agreement without
any reliance upon any agreement, promise, statement or representation by or on behalf of the
other Party, or their respective agents, employees, or attorneys, except as specifically set forth in
this Deposit Agreement, and without duress or coercion, whether economic or otherwise.
Section 17 Cooperation. Each Party agrees to cooperate with the other in this
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Deposit Agreement
including, but not limited to, releases or additional agreements.
Section 18. Conflicts of Interest. No member, official or employee of City shall have
any personal interest, direct or indirect, in this Deposit Agreement, nor shall any such member,
official or employee participate in any decision relating to the Deposit Agreement which affects
his personal interests or the interests of any corporation, partnership or association in which he is
directly or indirectly interested.
[Signatures on following page]
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IN WITNESS WHEREOF, the Parties have executed this Deposit Agreement as of the
respective dates set forth below.
"CITY"
CIT KE ELSIN , a municipal
c oration
Dated: N o j, y , 2003 y:
Mayor
ATTEST:
VIC SAD, CITY CLERK
B
Y•
VICKI KASAD
APPROVED AS TO FORM:
VAN BLARCOM, LEIBOLD,
McCLENDON & MANN, P.C.
City Attorney
By:
BARBA ZEID LEIBOLD
"OWNER"
PARDEE HOMES, a California
corporation
Dated: �] , 2003 By:
Name: A
Its: Sr. V c e Pre 'den�
By:
Name: �ai7' A' J ew
Its: diode lywy/4'0.+
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PUBLIC FACILITIES AND SERVICES FINANCING AGREEMENT
BY AND BETWEEN THE CITY OF LAKE ELSINORE
AND PARDEE HOMES
THIS PUBLIC FACILITIES AND SERVICES FINANCING AGREEMENT
("Agreement"), entered into effective as of June 24, 2003, is entered into by and between the
CITY OF LAKE ELSINORE ("City"), a municipal corporation and political subdivision of the
State of California, and PARDEE HOMES ("Developer"), a California corporation.
RECITALS
The following recitals are a substantive part of this Agreement:
A. Developer is the master developer of the Canyon Hills Master-Planned
Community ("Canyon Hills" or the "Project") within the City and is currently the owner of the
property described in Exhibit"A"hereto (the "Property").
B. City and Pardee-Grossman/Cottonwood Canyon ("Original Developer") entered
into that certain Development Agreement dated July 9, 1990 and recorded with the Riverside
County Recorder's Office on July 19, 1990 as document number 265632 (the "Development
Agreement").
C. Developer has succeeded to the interests of the Original Developer under the
Development Agreement.
D. The development of Canyon Hills is subject to Specific Plan No. 88-1
(Cottonwood Hills) as it may be amended from time to time with the mutual consent of City and
Developer (the "Specific Plan"), the Development Agreement and tentative and final subdivision
maps approved by the City from time to time. The Specific Plan, Development Agreement and
all tentative and final subdivision maps for the Project shall be referred to as the "Project
Entitlements."
E. Among other things, the Development Agreement establishes certain conditions
relating to public facilities and services for Canyon Hills, including the following:
(a) Inasmuch as Developer is required under the Project Entitlements to
construct various road improvements estimated in 1990 to exceed a cost of $18,000,000, the
Development Agreement exempts Canyon Hills "from participation in any future City-wide, sub
regional or equivalent road improvement program or freeway interchange improvement
program" (Development Agreement, Exhibit E, section III.A and II1.13, pp.3-4);
(b) Prior to issuance of any building permits beyond Phase 1 or the Open
Phase of Canyon Hills, a fire station site east of I-15 shall have been selected by the City and a
fire station shall have been constructed and in operation (Development Agreement, Exhibit E,
section IX.A, p. 9);
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(c) Developer may elect either to (i) pay a maximum fee to City for fire
protection services and facilities of $150 per residential unit and $0.15 per square foot for
commercial building areas ("Fire Fees") or (ii) enter into an agreement with City to establish a
Fire Protection District to provide fire station facilities and equipment serving Canyon Hills, not
to exceed a total cost to Developer of more than $750,000 (Development Agreement, Exhibit E,
section IX.B., p.9);
(d) "Participation in the Fire Protection District to construct said fire station
shall constitute the entire obligation of Developer with respect to provision of facilities and will
relieve all future residential, commercial and industrial development from obligation for fire
protection fees" (Development Agreement, Exhibit E, section IX.B., pp. 9-10); and
(e) City agrees to "contract for a progressive increase in police services from
the General Fund or City-wide Services District or similar to provide an adequate level of service
to the Specific Plan area. The Development Agreement shall not preclude City from imposing a
special police impact fee, provided said fee is imposed Citywide." (Development Agreement,
Exhibit E, section X, p. 10).
F. City has determined that existing fire station facilities will provide adequate
service to the portion of Canyon Hills depicted in Exhibit `B" attached hereto prior to
completion of construction of a new fire station (the "Fire Station") east of I-15 on certain
property currently owned by Developer abutting Railroad Canyon Road (the "Fire Station Site").
G. City and Developer have determined that fiscal considerations make appropriate
certain means for satisfying the above referenced obligations of the Development Entitlements
relating to the financing and implementation of public facilities and services on the terms set
forth herein.
H. Section 25 of the Development Agreement provides that the details relative to the
performance of the Development Agreement may be refined and that the parties retain a degree
of flexibility with respect to implementation of the Development Agreement. Accordingly, by
way of this Agreement, the parties intend to implement the Development Agreement in light of
the aforementioned fiscal considerations.
NOW, THEREFORE, in consideration of the mutual promises and covenants set
forth herein, and for other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, City and Developer agree as follows:
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. The following terms of this Agreement shall have the
meanings set forth below:
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"Architectural Enhancement Costs" means Fire Station Costs relating to enhanced
architectural features or materials for the Fire Station required by Developer and incorporated in
the construction of the Fire Station.
"Bond Counsel" means Fulbright & Jaworski, L.L.P. or such other legal counsel as may
be designated by the City.
"Bonds" means bonds authorized to be issued by the Facilities CFD secured by the levy
of Facilities Special Taxes.
"CFD" means a Community Facilities District formed pursuant to the Mello-Roos Act.
"Effective Date" means the date upon which this Agreement is approved by the City
Council of the City
"Escrow Agent" shall mean First American Title Company or such other escrow agent
as may be designated by the City.
"Existing Service Area" means the area within Canyon Hills that can be served by
existing fire facilities, as depicted in Exhibit "B" hereto, which includes all of the Phase 1
residential lots, Planning Areas 4 and 5 within Phase 1, Planning Areas 12, 13, 14A and 14B
within Phase 2, Planning Areas 18, 19 and 36 within Phase 3 and portions of Planning Areas
21A and 21B within Phase 3, portions of Planning Areas 29 and 30 within Phase 5 and Planning
Areas 1, 2 and 3 within Phase 8 (Open Phase).
"Facilities CFD" means a CFD formed to fund Fire Station Costs along with other
equipment and other authorized facilities as provided herein.
"Facilities Special Taxes" means the special taxes authorized to be levied by the
Facilities CFD.
"Fire Station Cooperation Agreement" means the agreement(s) entered into between
the City and County Fire for operating and staffing fire stations within the City, including the
Fire Station, and funding the costs of such operation and staffing with ad valorem real property
taxes, parcel charges or assessments.
"Fire Station Operation" means the staffing of the Fire Station as a three-person facility
and annual operation and maintenance of the Fire Station.
"Fire Station" means the eastside fire station located on or near Railroad Canyon Road
providing service for Canyon Hills and other areas of the City.
"Fire Station Costs" means all reasonable costs, direct and indirect, necessarily incurred
by the City or Developer with respect to any cost related to the improvement of the Fire Station
Site, the construction of the Fire Station, all reasonable and necessary equipment costs related to
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the Fire Station, and any such other reasonable cost incurred in relation to the construction and
equipping of the Fire Station.
"Holding Fund" means a discrete, interest earning special fund of the City established
and administered pursuant to this Agreement.
"Improvement Fund" means the fund established pursuant to an indenture or fiscal
agent agreement relating to the Bonds from which the Fire Station Costs and actual costs of the
other public facilities authorized to be financed through the Facilities CFD may, be funded.
"Public Safety CFD" means a CFD formed to fund Public Safety Services.
"Public Safety CFD RMA" means the rate and method of apportionment of special tax
of the Public Safety CFD attached hereto as Exhibit"I."
"Public Safety CFD Share" equals 83.33% of all Public Safety Special Taxes levied and
collected from "Developed Multi-Family Property" and "Developed Residential Property" as
defined in the Public Safety CFD RMA.
"Public Safety Services" means police, fire and other related public safety services
provided directly by the City or by contract with another public agency including, without
limitation, the Fire Station Operation.
"Public Safety Special Taxes" means the special taxes authorized to be levied by the
Public Safety CFD or any other CFD established by the City to fund Public Safety Services
within the area depicted in Exhibit "C" hereto. When a fire station is constructed within the East
Lake Specific Plan area and open for operation, the Public Safety Special Taxes from the portion
of the area depicted in Exhibit "C" west of I-15 shall no longer be considered Public Safety
Special Taxes for purposes of calculating the Public Safety CFD Share.
"Structural Fire Taxes" means the ad valorem real property taxes, ad valorem real
property tax increment, parcel charges or assessments collected within the City and applied to
fund, or as a credit against fire station operation costs, including the Fire Station Operation costs,
pursuant to the Fire Station Cooperation Agreement(s).
ARTICLE II
FIRE FACILITIES AND SERVICES
Section 2.01. Holding Fund. City shall establish the Holding Fund within fifteen (15)
business days of the Effective Date of this Agreement. Immediately upon establishment of the
Holding Fund, City shall deposit therein (i) an amount equal to the total Fire Fees collected prior
to that date for Phase 1 of Canyon Hills, which Fire Fees totaled $88,500 as of June 1, 2003; (ii)
an amount equal to 50% of each $1,000 per dwelling unit fee imposed pursuant to Section 2.2 of
the Development Agreement ("DA Fees") and collected prior to that date, which DA Fees
collected for Canyon Hills totaled $590,000 as of June 1, 2003; and (iii) not less than $130,000
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as a contribution from Community Facilities District No. 90-2 of the City towards the Fire
Station Costs. The Fire Fees and 50% of the DA Fees collected with respect to Phase 1 of the
Project (collectively, "Phase 1 Fees") on and after June 1, 2003 shall also be deposited in the
Holding Fund within five (5) business days after receipt by City.
Section 2.02. Facilities CFD and Improvement Fund.
(a) Boundary. City shall conduct all necessary proceedings to, and
Developer shall consent to the establishment and authorization of the Facilities .CFD
encompassing all of the developable area of Canyon Hills (excluding the single family lots
within Phase I) to finance the acquisition, construction and equipping of the Fire Station, other
City facilities and fees, (including parkland along with acquisition costs and City fees), school
facilities and fees, and Elsinore Valley Municipal Water District facilities and fees in accordance
with the terms of this Agreement (the "Facilities"). The Facilities CFD shall consist of
approximately 5 improvement areas (each, an "Improvement Area") for which separate series of
Bonds may be issued to fund any of the Facilities. Concurrent with the adoption of the
resolution of formation for the Facilities CFD, City and Developer shall enter into a funding and
acquisition agreement specifying, among other things, the Facilities and procedures and
requirements for funding the Facilities through the issuance of Bonds, consistent with the terms
of this Agreement. City agrees that any Facilities completed prior to formation of the Facilities
CFD shall be eligible to be financed through the Facilities CFD even if such Facilities are offered
for dedication to the City or accepted by the City prior to formation.
(b) Special Taxes. The Facilities CFD shall be authorized to levy a special
tax on "Developed Property" (that is, single family parcels for which a final "B" map is recorded
prior to June 1 of the preceding fiscal year and multi-family parcels for which a building permit
has been issued by such date) at rates approved by City and Developer which rates, at
Developer's election, may escalate by up to 2% per year, and "Undeveloped Property" (i.e., all
other non-exempt parcels). The Facilities CFD shall also be authorized to levy a special tax on
Undeveloped Property in all Improvement Areas to pay for Fire Station Operation costs, as
further described in Section 2.08 below.
(c) Bonds. Subject to the City Council's lawful discretion, City shall use its
best commercially reasonably efforts to issue one or more series of Bonds for each Improvement
Area, provided the first series is issued upon the earlier of(i) recordation of the first final "B"
map within Phase 3 of Canyon Hills or (ii) commencement of construction of the Fire Station,
unless Developer or City seeks and an earlier issuance which shall be duly considered by the
City Council. The Bonds shall be issued in accordance with the following parameters:
(i) the term of the Bonds shall be not less than thirty (30) years;
(ii) any annual administrative expense requirement that is to be funded
before debt service on the Bonds, if applicable, shall be not more than
$10,000 per year;
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(iii) all reserve fund earnings in excess of the reserve fund requirement
shall be applied to pay for Facilities until the earlier of(i) payment in full
for all Facilities or (ii) City receipt of a certificate from Developer
indicating amounts in the Improvement Fund are sufficient to fund
remaining Facilities costs and earnings shall be applied to pay debt service
on the Bonds and reduce the annual special tax levy dollar-for-dollar;
(iv) after funding a reserve fund, reasonable costs., of issuance and
capitalized interest in the amount requested by Developer, and approved
by Bond Counsel and other financing counsel, the remaining proceeds of
the Bonds shall be deposited in the Improvement Fund and available to
fund the Facilities costs.
Section 2.03. Fire Station Site. Developer shall improve the approximately 1.5-acre
Fire Station Site for the Fire Station pursuant to grading plans approved by the City. City shall
prepare plans and specifications for the Fire Station ("Plans and Specification") and diligently
and expeditiously process and approve the Plans and Specifications. City shall waive all fees for
the review and approval of all plans and permits required for the improvement of the Fire Station
Site, as well as all inspection or other processing fees or charges relating to such work. City
shall cooperate with Developer in obtaining all permits or approvals of any other public agencies
required to improve the Fire Station Site.
Section 2.04. Reimbursement for Fire Station Site Superpad Costs. Upon the
transfer of ownership of the Fire Station Site as provided in Section 2.05 below, Developer shall
be entitled to reimbursement from the Holding Fund or Improvement Fund, as requested by
Developer, of the actual costs necessary to bring the Fire Station Site from its current raw
condition to "superpad" condition not to exceed $500,000. For purposes of this Agreement,
"superpad" condition shall mean rough grading of the Fire Station Site has been completed and
all frontage improvements are completed and in place.
Section 2.05. Transfer of Ownership of Fire Station Site. Ownership of the Fire
Station Site shall be transferred to the City in fee, without any material encumbrances, by way of
grant deed prior to commencement of construction of the Fire Station, which commencement the
parties anticipate shall occur no later than February 1, 2004. The Agency and the Developer
agree to open an escrow with the Escrow Agent for purposes of effectuating the transfer. Joint
basic escrow instructions of the City and the Developer and a duplicate original of this
Agreement shall be delivered to the Escrow Agent upon the opening of the Escrow. The City
and the Developer shall provide such additional escrow instructions as shall be necessary for and
consistent with this Agreement. The Escrow Agent is hereby empowered to act under this
Agreement, and the Escrow Agent, upon indicating within two (2) working days after the
opening of the Escrow its acceptance of this provision and the Escrow Instructions, in writing,
delivered to the Agency and the Developer, shall carry out its duties as Escrow Agent hereunder.
6 0604038/28/03 4000.104
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Section 2.06. Construction of Fire Station.
(a) Developer Election. Within sixty (60) days prior to Developer's
completion of the Fire Station Site in superpad condition, Developer shall provide written notice
to City either that Developer has elected to construct the Fire Station for acquisition (the
"Acquisition Election") or that Developer has elected to cause the City to construct the Fire
Station (the "Construction Election").
(b) Construction Election. Under the Construction Election, City shall solicit
bids for construction of the Fire Station such that the contract for such construction can be
awarded by City within ten (10) business days of completion of the Fire Station Site and
construction of the Fire Station can be completed within twelve (12) months of completion of the
Fire Station Site. The City's failure to cause the construction of the Fire Station to be completed
within such time period shall not constitute a breach of this Agreement. Funds in the Holding
Fund and Improvement Fund shall be available to the City to fund Fire Station Costs. In
addition, funds in the Holding Fund shall be available to fund Fire Station Operation costs.
(c) Acquisition Election. Under the Acquisition Election, upon approval of
the Plans and Specifications, Developer shall solicit bids and contract for construction of the Fire
Station in accordance with the requirements of Exhibit "G" hereto. The Developer shall cause
the Fire Station to be constructed in accordance with the Plans and Specifications approved by
the City. The Developer shall perform all of its obligations hereunder and shall conduct all
operations with respect to the construction of the Fire Station in a good, workmanlike and
commercially reasonable manner, with the standard of diligence and care normally employed by
duly qualified persons utilizing commercially reasonable efforts in the performance of
comparable work and in accordance with generally accepted practices appropriate to the
activities undertaken.
Funds in the Holding Fund and Improvement Fund shall be disbursed to fund Fire
Station Costs incurred by Developer upon submittal of payment requests in the form attached as
Exhibit "H" hereto ("Payment Request"). Upon receipt of Payment Requests, including all
accompanying supporting documentation evidencing the costs to be paid pursuant to the
Payment Requests, the City Finance Director shall conduct a review in order to confirm that such
request is complete, and to verify and approve the actual costs specified in such payment request.
Developer agrees to cooperate with the Finance Director in conducting such review and provide
the Finance Director with such additional information and documentation as is reasonably
necessary for the Finance Director to conclude such review. Within ten (10) business days of
receipt of any Payment Request, the Finance Director shall review the request for completeness
and notify the Developer whether such Payment Request is complete and, if not, what additional
documentation must be provided. If such Payment Request is complete, the Finance Director
shall provide a written approval or denial (specifying the reason for any denial) of the request
within fifteen (15) business days of its submittal. Upon approval of the Payment Request by the
Finance Director, the Finance Director shall sign the Payment Request and cause the same to be
paid by the Fiscal Agent out of the Improvement Fund, to the extent of funds then on deposit in
the Improvement Fund, or, if insufficient funds are on deposit in the Improvement Fund, the
shortfall shall be funded by the City out of the Holding Fund, to the extent funds then on deposit
7 0604038R8/03 4000.104
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in the Holding Fund. Any approved Payment Request not paid due to an insufficiency of funds
in the Improvement Fund and Holding Fund shall be paid promptly following the deposit into the
Improvement Fund and Holding Fund of sufficient funds.
Section 2.07. Payment of Fire Station Costs. Upon the formation of the Facilities
CFD, this Agreement will create a debt and liability of the Facilities CFD for the funding of the
Fire Station Costs out of and to the extent funds are available from the proceeds of the Facilities
CFD Bonds, the Facilities Special Taxes and investment earnings thereon, and, except as
specifically provided herein, Developer shall have no additional obligation to fund Fire Station
Costs. The maximum amount of Fire Station Costs required to be provided from the Holding
Fund and Improvement Fund is $2,160,000 (inclusive of the $130,000 contribution from CFD
No 90-2) plus the Architectural Enhancement Costs plus, under the Construction Election, the
actual costs of a construction manager or supervisor retained by the City for the management of
construction of the Fire Station ("Construction Management Costs"). Any Fire Station Costs in
excess of $2,160,000 (other than the Construction Management Costs and Architectural
Enhancement Costs) shall be contributed by City. If the total balance of the Holding Fund and
Improvement Fund is less than the total estimated Fire Station Costs (based upon the lowest,
responsible bid for construction of the Fire Station and the Fire Station Site improvement costs
incurred by Developer) and the Construction Management Costs, Developer shall advance the
difference between such total balance and the lesser of(i) the total estimated Fire Station Costs
and the Construction Management Costs and (ii) $2,160,000 (inclusive of the $130,000
contribution from CFD No. 90-2) plus the Construction Management Costs (the "Advance").
The Advance shall be reimbursed to Developer within thirty (30) days after sufficient funds are
subsequently deposited in the Holding Fund and Improvement Fund.
Section 2.08. Funding of Public Safety Services.
(a) Public Safety CFD. Developer agrees to include all of Canyon Hills,
excluding all of Phase 1 except Planning Area 5, in a Public Safety CFD according to the terms
of this Agreement.
(b) Special Taxes. The Public Safety CFD shall be authorized to levy a
special tax on Developed Property within Canyon Hills of $300 per single family, detached
dwelling unit and $150 per multi-family, attached dwelling unit. The Facilities CFD shall be
authorized to levy a special tax for Fire Station Operation costs on Undeveloped Property within
Canyon Hills of up to $2,740.81 per acre ("Undeveloped Property Public Safety Special Taxes").
The Public Safety Special Taxes and Undeveloped Property Public Safety Special Taxes may
escalate by up to two percent (2%) per year and shall be authorized to be levied in perpetuity.
The levy of the Undeveloped Property Public Safety Special Taxes each Fiscal Year shall not
exceed the lesser of-
(i) $939,000 (escalating by 2% per Fiscal Year commencing in Fiscal
Year 2004-2005); or
(ii) annual Fire Station Operation costs, less the total of:
8 0604038128/03 4000.104
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(w) the greater of the proportionate amount of Structural Fire
Taxes calculated pursuant to Section 2.08(c) or the amount
of Structural Fire Taxes that would have been collected
and/or applied as a credit against the Fire Station Operation
costs but for any of the City's actions described in the third
paragraph of Section 2.08(c) below;
(x) the Public Safety CFD Share plus 83.33% of the amount of
Public Safety Special Taxes that would have been collected
from developments meeting the criteria for annexation into
the Public Safety CFD set forth in Section 2.08(d) below,
that are not included in the Public Safety CFD; and
(y) amounts available from the prior year's levy of Public
Safety Special Taxes and Undeveloped Property Public
Safety Special Taxes; and
(z) amounts available in the Holding Fund, excluding the funds
contributed from CFD No. 90-2.
Prior to July 15 of each Fiscal Year in which Undeveloped Property Public Safety Special Taxes
are expected to be levied, the City will provide Developer the supporting documents relied upon
by the City and its consultants to calculate the amount of the proposed levy and an opportunity to
review such documents and meet with the City and its consultants to discuss the proposed levy
before the proposed levy is approved by the City and sent to the County Tax Assessor.
(c) County Structural Fire Tax Contribution. Upon completion of the Fire
Station, City shall enter into a Fire Station Cooperation Agreement with the County of Riverside
to provide for the Fire Station Operation on the same terms, or terms less costly to the City and
Developer as those set forth in "A Cooperative Agreement to Provide Fire Protection, Fire
Prevention, Rescue, and Medical Aid for the City of Lake Elsinore" dated March 27, 2001 (the
"Station 10 Cooperation Agreement) attached hereto as Exhibit "E".
Within fifteen (15) business days of Developer's written request, City shall
provide Developer with all documentation regarding the collection of Structural Fire Taxes and
Fire Station Operation costs funded with Structural Fire Taxes. A proportionate amount of the
Structural Fire Taxes shall be allocated to fund Fire Station Operation costs each Fiscal Year
equal to the total amount of Structural Fire Taxes generated within the City each Fiscal Year
divided by the number of fire stations within the City that are the subject of a Fire Station
Cooperation Agreement.
The City and Developer agree that the levy of Undeveloped Property Public Safety
Special Taxes is intended to be a funding source of last resort for the Fire Station Operation
costs. If the City (i) fails to enter into a Fire Station Cooperation Agreement to provide for the
Fire Station Operation in accordance with the terms of this Agreement, (ii) enters into, but
subsequently terminates or modifies such Fire Station Cooperation Agreement so as to reduce
9 0604038/28/03 4000.104
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the amount of Structural Fire Taxes applied to fund, or as a credit against the Fire Station
Operation costs, the amount of Undeveloped Property Public Safety Special Taxes levied in any
Fiscal Year shall not exceed the amount which could have been levied if the City did not take
such actions and Structural Fire Taxes were available to fund Fire Station Operation costs in the
full amount contemplated by this Agreement.
(d) Other Sources. Subject to compliance with applicable law, City agrees to
exercise best efforts to require all developments in the City receiving a discretionary, approval for
development in excess of four (4) dwelling units to annex into the Public Safety CFD, provided
the City has the legal authority to impose such requirement as a condition of such discretionary
approval. The condition of approval shall require that the annexation occur prior to the earlier of
(i) issuance of a building permit or (ii) approval of the first final map for such development. The
Public Safety CFD Share shall be applied to pay Fire Station Operation costs unless and until
such costs can be fully funded without a levy of Undeveloped Property Public Safety Special
Taxes.
(e) Funding Priority. The Fire Station Operation costs shall be funded out of
the following prioritized sources:
(i) the proportionate amount of Structural Fire Taxes calculated
pursuant to Section 2.08(c) above or an equal amount of other funds contributed
by the City;
(ii) to the extent not fully funded by the amount in (i), the shortfall
shall be funded from 100% of the Public Safety CFD Share or an equal amount of
other funds contributed by the City;
(iii) to the extent not fully funded by the amounts in (i) and (ii), the
shortfall shall be funded from the Holding Fund, excluding the funds contributed
from City CFD No. 90-2; and
(iv) to the extent not fully funded by the amounts in (i), (ii) and (iii),
the shortfall shall be funded from Undeveloped Property Public Safety Special
Taxes.
The Public Safety CFD Share collected prior to completion of the Fire Station shall be
deposited in the Holding Fund and disbursed, as necessary, to fund Fire Station Operation costs,
as incurred.
Section 2.09. Satisfaction of Public Safety Conditions. Developer's execution and
performance of the terms of this Agreement shall fully satisfy any and all existing or future
conditions of approval for Canyon Hills relating to fire and police facilities and services
including, without limitation, the requirement to pay Fire Fees with respect to any portion of the
Development outside the single family lots within Phase I and the requirement to pay any special
police impact fee otherwise applicable to Canyon Hills pursuant to Section X of Exhibit E to the
10 060403828/03 4000.104
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Development Agreement. In the event that Developer fails to satisfy the conditions of this
Agreement, the provisions of Article IV of this Agreement shall apply.
Section 2.10. Issuance of Building and Occupancy Permits. Subject to Developer's
execution and continued performance of the terms of this Agreement, City shall permit the
issuance of building and occupancy permits within the Existing Service Area prior to completion
of construction of the Fire Station. Upon completion of the Fire Station, building and occupancy
permits may be issued for all remaining Phases and areas within Canyon Hills.
ARTICLE III
PARK REQUIREMENTS
Section 3.01. Park Locations and Acreage. A community park, two neighborhood
parks, and a parkway park shall be provided in the locations and with acreages set forth in the
proposed revised Specific Plan Amendment exhibit attached hereto as Exhibit "F".
Section 3.02. Neighborhood Park Number 1 (Creekside Park). Neighborhood Park
Number 1 identified in Exhibit "F" shall be constructed by the Developer in accordance with the
Park Plan approved by the City dated December 31, 2001. Developer shall provide to City a
turnkey facility prior to the issuance of the 609`h certificate of occupancy within Phase I.
Section 3.03. Neighborhood Park Number 2. Neighborhood Park Number 2 identified
in Exhibit "F" shall be provided to the City as a turnkey facility at a cost to Developer not to
exceed $225,000 per acre, plus an inflation factor applied each January 1, commencing January
1, 2004, based on the percentage change in the Engineering News Record Construction Cost
Index (20 City Average) (the "Index") from the December 2002 base Index of 6563. Subject to
such cost limitations, the park shall be constructed in accordance with a park plan to be approved
by the City and the park shall be completed concurrent with the first production home closing
within the planning area in which the park is located.
Section 3.04. Community Park. A 24.5-acre community park identified in Exhibit"F"
shall be improved by the Developer at a cost to the Developer of not to exceed $824,325,
including site preparation costs; provided, however, City may require Developer to expend more
on the community park, not to exceed a total cost of$3,000,000, if the City grants the Developer
a credit against DA Fees and/or the City provides funds for those community park construction
costs in excess of$824,325, which amount shall be adjusted by an inflation factor each January
1, commencing January 1, 2004, based on the percentage change in the Index from the December
2002 base Index of 6563. Subject to such cost limitations, Developer shall construct the
community park with plans provided by the City. Developer shall pay all costs associated with
the park plans and specifications. Developer shall commence construction of the community
park concurrently with the issuance of a building permit for the 200`h dwelling unit in the Phase
in which the park is located and shall complete the community park within fifteen (15) months
upon the start of construction.
1 1 060403828/03 4000.104
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Section 3.05. Parkway Park. A parkway park identified in Exhibit "F" shall be
constructed by Developer at a cost not to exceed $116,779 in accordance with a park plan
approved by the City; provided, however, City may require Developer to expend more than such
amount, not to exceed a total cost of$100,000 per acre, if the City grants the Developer a credit
against DA Fees and/or the City provides funds for those parkway park construction costs in
excess of $116,779, which amount shall be adjusted by an inflation factor each January 1,
commencing January 1, 2004, based on the percentage change in the Index for the December
2002 base Index of 6563. Completion of the parkway park shall be concurrent.with the issuance
of a certificate of occupancy for the 301h dwelling unit within Planning Areas 29 and 30.
ARTICLE IV
ENFORCEMENT AND REMEDIES
Section 4.01. Defaults — General. Failure or delay by either party to perform, comply
with or observe any of the conditions, provisions, terms, covenants or representations of this
Agreement constitutes a default. As provided hereinbelow, the party who so fails or delays must
immediately commence to cure, correct or remedy such failure or delay, and shall complete such
cure, correction or remedy with diligence. The injured party shall give written notice of default
to the party in default, specifying the default complained of by the injured party. Failure or delay
in giving such notice shall not constitute a waiver of any default, nor shall it change the date of
default.
Except as required to protect against further damages, the injured party may not institute
legal proceedings against the party in default until an "Event of Default" (as such term is
hereinafter defined) has occurred. For purposes of this Agreement, an "Event of Default" for
purposes of instituting legal proceedings by a non-defaulting party against the defaulting party
shall mean a failure to satisfy, perform, comply with or observe any of the conditions,
provisions, terms, covenants or representations contained in this Agreement and such failure
having continued uncured or without the defaulting party commencing to diligently cure for
thirty (30) days after notice thereof in writing is mailed by the injured party to the defaulting
party; provided, however, that if a different period or notice requirement is specified for any
particular default under any other provision of this Agreement the specific provision shall
control.
Section 4.02. Remedies Cumulative. No right, power, or remedy given by the terms of
this Agreement is intended to be exclusive of any other right, power or remedy; and each and
every such right, power, or remedy shall be cumulative and in addition to every other right,
power or remedy given by the terms of any instrument, or by any statute or otherwise.
12 0604038128/03 4000.104
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ARTICLE V
HOLD HARMLESS AND INDEMNITY
Section 5.01 Nonliability of City. Developer acknowledges and agrees that:
(a) Notwithstanding any other provision herein, (i) City is not a partner,joint
venturer, alter-ego, manager, controlling person or other business associate or participant of any.
kind of Developer and City does not intend to ever assume any such status; (ii) City shall not be
deemed responsible for or a participant in any acts, omissions or decisions of Developer; and
(b) City shall have no liability under this Agreement as a result of exercising
its reasonable discretion and such exercise shall not constitute and Event of Default.
ARTICLE IV
MISCELLANEOUS
Section 6.01. Miscellaneous. The City Manager of the City shall have the right, during
normal business hours and upon the giving of two (2) business days prior written notice to the
Developer to review all books and records of the Developer pertaining to costs and expenses
incurred by Developer in bring the Fire Station Site to "superpad" condition. Developer shall
have the right, during normal business hours and upon the giving of two (2) business days prior
written notice to the City, to review all books and records of the City pertaining to the Phase I
Fees, Holding Fund, Facilities Special Taxes, Public Safety Special Taxes and Bonds.
Section 6.02. Attorney's Fees. In the event that any action or suit is instituted by either
party against the other arising out of this Agreement, the party in whose favor final judgment
shall be entered shall be entitled to recover from the other party all costs and expenses of suit,
including reasonable attorney's fees.
Section 6.03. Notices. Any notice, payment or instrument required or permitted by this
Agreement to be given or delivered to any party hereto shall be deemed to have been received
when personally delivered, or transmitted by telecopy or facsimile transmission (if telecopy or
facsimile confirmation obtained) or 72-hours following deposit of the same in any United States
Post Office, registered or certified mail, postage prepaid, addressed as follows:
City: City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attn: City Manager
Fax No. (909) 674-2392
13 0604038/28/03 4000.104
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Developer: Pardee Homes
1181 California Avenue
Suite 103
Corona, CA 92881
Attn: Jim Stringer
Fax No. (909) 739-0484
Each party may change its address or addresses for delivery of notice ,by delivering
written notice of such change of address to other party.
Section 6.04. Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the successors and assigns of the parties hereto. Developer may assign all or
any portion of its rights or obligations pursuant to this Agreement to any third party purchasing
all or any portion of the Property, provided that Developer shall notify City in writing of the
name and address of the assignee and identify the scope of the rights and/or obligations assigned.
Section 6.05. Waiver. Failure by a party to insist upon the strict performance of any of
the provisions of this Agreement by the other party, or the failure by a party to exercise its rights
upon the default of the other party, shall not constitute a waiver of such part's rights to insist and
demand strict compliance by the other party with the terms of this Agreement.
Section 6.06. Recordation. Developer agrees to record in the Riverside County Official
Records a "Memorandum of Agreement" against the Property with respect to this Agreement in
a form acceptable to the City of Lake Elsinore City Attorney within ten (10) days of the effective
date of this Agreement.
Section 6.07. Further Assurances. Developer shall execute any further documents
consistent with the terms of this Agreement, including documents in recordable form, as City
shall from time to time find necessary or appropriate to effectuate its purpose in entering into this
Agreement.
Section 6.08. Governing Law. This Agreement shall be governed by the laws of the
State of California. Any legal action brought under this Agreement must be instituted in the
Superior Court of Riverside County, State of California, in an appropriate court in that county, or
in the Federal District Court in the Central District of California.
Section 6.09. Binding on Facilities CFD and Public Safety CFD. The City Council of
the City, acting as the legislative body of the Facilities CFD and Public Safety CFD, shall
exercise its lawful discretion with respect to the terms of this Agreement which require
performance on the part of the Facilities CFD or Public Safety CFD.
Section 6.09. No Amendment to Project Entitlements. The Agreement is not intended
to amend the Project Entitlement but rather is intended by the parties to set forth refinements to
the implementation provisions set forth in Exhibit E to the Development Agreement.
14 0604038/28/03 4000.104
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Section 6.10. Amendment. This Agreement may be amended from time to time by
written supplement hereto executed by both the City and Developer.
Section 6.11. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed as original.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective
dates set forth below.
"CITY"
CITY OF LAKE ELSINORE, a California
m icipal orporation
Dated: I t /. , 2003
a r
ATTEST:
VICK KASAD, CITY CLERK
By:
VICKI ASAD
APPROVED AS TO FORM:
VAN BLARCOM, LEIBOLD,
McCLENDON & MANN P.
By:
BARBAR ZEID EIBOLD
City Atto ney "DEVELOPER"
PARDEE HOMES, a California Corporation
Dated: , 2003 By:
Name:
Title:
By:
Name:
Title:
15 0604038/28/03 4000.104
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY OWNED BY DEVELOPER
8/28/03 4000.104
H&O:#2939 v9 16
LEGAL DESCRIPTION
CANYON HILLS
PARDEE HOMES OWNERSHIP
PARCEL 1:
Section 7, Township 6 South, Range 3 West, San Bernardino Meridian, in the County of
Riverside, State of California, according to the Official Plat thereof.
PARCEL 2:
The Northwest Quarter of the Northwest Quarter; and the West half of the Southwest Quarter
of the Northwest Quarter of Section 8, Township 6 South, Range 3 West, San Bernardino
Meridian, in the County of Riverside, State of California, according to the Official Plat thereof.
PARCEL 3:
Section 11, Township 6 South, Range 4 West, San Bernardino Meridian, in the County of
Riverside, State of California, according to the Official Plat thereof.
Except Railroad Canyon Road, as Described by Deed to the County of Riverside, Recorded May
24, 1949, in Book 1078, page 385, of Official Records.
Also except that portion as Described by Deed Recorded November 21, 1949, in Book 1126,
Pages 468 through 470, inclusive, of Official Records.
Also except that portion of Tract No. 23848-3, lying within said Section 11, in the City of Lake
Elsinore, as per Map recorded in Book 229, pages 47 through 50, inclusive, of Maps, in the
Office of the County Recorder of said County.
Also except that portion of Tract No. 23848-4, lying within said Section 11, in the City of Lake
Elsinore, as per Map recorded in Book 298, pages 93 through 97, inclusive, of Maps, in the
Office of the County Recorder of said County.
Also except that portion of Tract No. 23848-5, lying within said Section 11, in the City of Lake
Elsinore, as per Map recorded in Book 300, pages 24 through 30, inclusive, of Maps, in the
Office of the County Recorder of said County.
Also except that portion of Tract No. 23848-6, lying within said Section 11, in the City of Lake
Elsinore, as per Map recorded in Book 298, pages 98 through 101, inclusive, of Maps, in the
Office of the County Recorder of said County.
Also except that portion of Tract No. 23848-9, lying within said Section 11, in the City of Lake
Elsinore, as per Map recorded in Book 305, pages 73 through 80, inclusive, of Maps, in the
Office of the County Recorder of said County.
Also except that portion of Tract No. 23848-10, lying within said Section 11, in the City of Lake
Elsinore, as per Map recorded in Book 305, pages 81 through 89, inclusive, of Maps, in the
Office of the County Recorder of said County.
June 20,2003 -Page 1 of 2
Also except that portion of Tract No. 23848-11, lying within said Section 11, in the City of Lake
Elsinore, as per Map recorded in Book 308, pages 73 through 81, inclusive, of Maps, in the
Office of the County Recorder of said County.
Also except that portion of Tract No. 29811, lying within said Section 11, in the City of Lake
Elsinore, as per Map recorded in Book 304, pages 95 through 100, inclusive, of Maps, in the
Office of the County Recorder of said County.
Also except that portion of Parcel Map No. 29549, lying within said Section 11, in the City of
Lake Elsinore, as per Map recorded in Book 197, pages 42 through 45, inclusive, of Parcel Maps,
in the Office of the County Recorder of said County.
PARCEL 4:
Section 12, Township 6 South, Range 4 West, San Bernardino Meridian, in the County of
Riverside, State of California, according to the Official Plat thereof.
Except that portion of Tract No. 23848-1, lying within said Section 12, in the City of Lake
Elsinore, as per Map recorded in Book 229, pages 41 through 43, inclusive, of Maps, in the
Office of the County Recorder of said County.
Also except that portion of Tract No. 23848-3, lying within said Section 12, in the City of Lake
Elsinore, as per Map recorded in Book 229, pages 47 through 50, inclusive, of Maps, in the
Office of the County Recorder of said County.
Also except that portion of Tract No. 23848-4, lying within said Section 12, in the City of Lake
Elsinore, as per Map recorded in Book 298, pages 93 through 97, inclusive, of Maps, in the
Office of the County Recorder of said County.
Also except that portion of Tract No. 23848-5, lying within said Section 12, in the City of Lake
Elsinore, as per Map recorded in Book 300, pages 24 through 30, inclusive, of Maps, in the
Office of the County Recorder of said County.
Also except that portion of Tract No. 23848-6, lying within said Section 12, in the City of Lake
Elsinore, as per Map recorded in Book 298, pages 98 through 101, inclusive, of Maps, in the
Office of the County Recorder of said County.
Also except that portion of Tract No. 23848-9, lying within said Section 12, in the City of Lake
Elsinore, as per Map recorded in Book 305, pages 73 through 80, inclusive, of Maps, in the
Office of the County Recorder of said County.
Also except that portion of Tract No. 29568, lying within said Section 12, in the City of Lake
Elsinore, as per Map recorded in Book 299, pages 1 through 5, inclusive, of Maps, in the Office
of the County Recorder of said County.
Also except that portion of Tract No. 29811, lying within said Section 12, in the City of Lake
Elsinore, as per Map recorded in Book 304, pages 95 through 100, inclusive, of Maps, in the
Office of the County Recorder of said County.
Also except that portion of Parcel Map No. 29549, lying within said Section 12, in the City of
Lake Elsinore, as per Map recorded in Book 197, pages 42 through 45, inclusive, of Parcel Maps,
in the Office of the County Recorder of said County.
June 20, 2003-Page 2 of 2
EXHIBIT B
MAP DEPICTING AREA WITHIN CANYON HILLS
IN WHICH DEVELOPMENT MAY CONTINUE
PRIOR TO COMPLETION OF FIRE STATION
8/28/03 4000.104
H&O:#2939 v9 17
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8/28/03 4000.104
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EXHIBIT D
[Intentionally Omitted]
8/28/03 4000.104
H&O:#2939 v9 19
EXHIBIT E
STATION D COOPERATION AGREEMENT
8/28/03 4000.104
H&O:#2939 v9 20
• Exhibit E
A COOPERATIVE AGREEMENT
2 TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, AND
MEDICAL AID FOR THE CITY OF LAKE ELSINORE
3
4 T IS AGREEMENT, made and entered into this
day of LA-N , by and between the County of Riverside,
5 hereinafter called "County", and the City of Lake Elsinore
hereinafter called "City", whereby it is agreed as follows:
6
I
7
PURPOSE
8
The purpose of the Agreement is to arrange for the County,
9 through its Cooperative Agreement with the State of California,
to provide the City with fire protection, fire prevention,
10 rescue, and medical aid services, herein after called fire
protection services. This Agreement is entered into pursuant. to
11 the authority granted by Government Code Sections 55603 , 55603 . 5,
55632, 55606 -and 55642, and will be mutually advantageous to the
12 City and the County in that it will and will provide a unified,
cooperative, integrated, and effective fire protection, rescue,
13 and medical aid system to protect lives, property and natural
resources.
la
15 II
16 COUNTY IN CHARGE
17 A. The County Fire Chief shall represent both parties
during the period of this Agreement and that Officer shall, under
18 the supervision and direction of the County Board of Supervisors,
have charge of the organization described in Exhibit "A",
19 attached hereto and made a part hereof, for the purpose of
providing fire protection services as deemed necessary to satisfy
20 the needs of both the County and of• the City, except upon those
lands wherein other agencies of government have responsibility
21 for. the same or similar fire protection services.
22 B. The County.will provide the services (at the levels
specified in Exhibit "A") in return for the payments made by the
23 City under Paragraph III.
24 C. The County will be allowed flexibility in the
assignment of available personnel and equipment in order to
25 provide the fire protection services, rescue and' medical aid
services as agreed upon herein.
26
27
28
1
CONTRACT/AGREEMENT NO. 1489
MAR 2 7 209 7j ,J j
D. The County provides fire personnel thru its
1 contract with the California Department of Forestry and Fire
Protection and if during the term of this agreement City shall
2 desire a reduction in STATE civil service employees assigned to
the organization provided for in Exhibit "A" , City shall provide
3 one hundred twenty (120) days written notice of the requested
reduction. Proper notification shall include the following (1).
4 The total amount of reduction; (2) The firm effective date of the
reduction; and (3) The number of employees, by classification,
5 affected by a reduction. If such notice is not provided, City
shall reimburse County for relocation costs incurred by STATE
6 because of the reduction. Personnel reductions resulting solely
due to an increase in STATE employee salaries or STATE expenses
7 occurring after signing this agreement and set forth in Exhibit
"A" to this agreement shall not be subject to relocation expense
8 reimbursement by City.
9 E. The City shall appoint the County Fire Chief
referred to under Paragraph A. above, to be the City Fire Chief.
10
11 III
12 PAYMENT FOR SERVICES
13 A_ The City has appropriate a sum of money to provide
fire protection services within the area of responsibility of the
141 City for the :period from the date of execution of this Agreement
to June 30, 2001
151
B. The County shall make a claim to the City for the
16 cost of contracted services -as shown on Exhibit "A" during each
of the following periods: (1) July 1 through September 31, claim
17 in October; (2) October 1 through December 31, claim in January;
(3) January 1 through March 31, claim in April; and (4) April 1
18 through June 301 claim in April for estimated cost of services,
with final reconciliation to actual costs resulting in an
19 additional claim or refund to City, in July. City shall pay each
claim within fifteen (15) days after receipt thereof. The County
20 shall allow a credit to each claim in the amount of 25% of the
Structural Fire Taxes as determined by County to be collected in
21 each Fiscal Year of this Agreement. The allowed credit shall not
exceed the cost of contracted services.
22
C. Any change of the salaries or expenses set forth
23 in said Exhibit "A" made necessary by action of the Legislature
or any other public agency with authority to -direct changes in
24 the level of salaries or expenses, shall be paid from the funds
represented therein or as on said Exhibit "A" . There shall be no
25 obligation on the part of the City to expend or appropriate any
sum in excess of the total of of Exhibit "A" which exceeds the
26 appropriation of the City for the purposes of the Agreement. If
within thirty (30) days after notice, in writing, from the County
27 to the City that the actual cost of maintaining the services
28
2
Z specified in Exhibit "A" as a result of Legislative or other
action will exceed the total amount specified therein, and the
2 City has failed to agree to make available the necessary
additional funds, the County shall have the right to reduce the
3 services furnished under this Agreement by an appropriate amount
and shall promptly notify the City, in writing, specifying the
4 services to be reduced. If City desires to add funds to the
total included herein to cover the cost of increased salaries or
5 services, such increase shall be accomplished by an amendment to
this Agreement approved by the parties hereto.
6
7 IV
8 HOLDING OVER
9 A. The initial term of this Agreement shall be from
July 1, 2000 , to June 30, 2004 Either party to this
10 Agreement may terminate this Agreement by providing a written
notice of termination to the other party hereto twelve (12)
11 months prior to the expiration of the term hereof. In no event
shall this Agreement be terminated by either party prior to
June 30, 2001 If no written notice of termination is
12 received by either party prior to June 30, 2004 this
13iAgreement shall be automatically renewed at the same level of
service, but at the level of expense in effect for the year of
renewal , and otherwise on the same terms and conditions herein
141� specified, so far as applicable until :
15
(1) A new Agreement is fully executed, or
16
(2) Termination of the Agreement following
17 twelve (12) months prior written
notice of termination, or
18 (3) New Exhibit "A" is mutually agreed to by
19 and between the parties.
20 B. This Agreement may be terminated by mutual consent
of the parties any time after- _ June 30, 2001
21 C. Nothing herein shall be constructed as excusing
22 City's compliance with Government Code Section 25643 .
23 V
24 COOPERATIVE OPERATIONS
25 All fire protection, rescue, and medical aid work
contemplated under this Agreement shall be done by both parties
26 to this Agreement working as one unit; therefore, personnel and
equipment, regardless of whether they are included in Exhibit "A"
27 may be temporarily dispatched elsewhere from time to time for
28
3
mutual aid. Coverage will be provided to City following the
1 County's standard move-up and cover procedures-
2
3 VI
4 MUTUAL AID
5 When rendering mutual aid or assistance as authorized
in Section 13050 and 13054, Health and Safety Code, the County
6 may demand payment of charges and seek reimbursement of City
costs for personnel as funded herein, under authority given by
7 Section 13051 and 13054 , Health and Safety Code. The County in
seeking said reimbursement will represent the City in following
8 the procedures set forth in Section 13052, Health and Safety
Code. Any recovery of City costs, less collection expenses, will
9 be credited to the City.
10
VII
11
PROPERTY ACCOUNTING
12 All personal property
Count P Y Provided by Agency and by the
13 Y for the purpose of providing fire protection and rescue
services under the terms of this Agreement shall be marked and
accounted for by the County Fire Chief in such a manner as to
14� conform to the standard Operating
County Fire Department P g procedure established by the
for the segregation, care, and use of the
15; respective property of each.
16
17 VIII
18 INDEMNIFICATION
19 A. City shall indemnify and hold County, its
officers, agents, employees and independent contractors free and
harmless from any claim or liability whatsoever, based or
20 asserted upon any act or omission of city,
employees, subcontractors and independent contractors,officers,
21 property damage, bodily injury
damage of any kind or nature, occurring in the performance
noofof
22 this Agreement between the parties hereto to the extent that such
liability is imposed on the County by the provisions of Section
23 895.2 of the Government Code of the State of California, and City
24
shall defend at its expense, including attorneys fees, County,
its officers, agents, employees and independent contractors in
any legal action or claim of any kind based upon such alleged
25 acts or omissions.
26 B. County shall indemnify and hold City, it officers,
agency,9 y, employees and independent contractors free and harmless
from any claim or liability whatsoever, based or asserted upon
28
4
1 any act or omission of County, it officers, agents, employees,
subcontractors and independent contractors, for property damage,
2 bodily injury or death or any other element of damage of any kinc
or nature, occurring in the performance of this Agreement betweei
3 the parties hereto to the extent that such liability is imposed
on the City by the provisions of Section 895.2 of the Government
4 Code of the State of California, and County shall defend at its
expense, including attorney fees, City, its officers, agents,
5 employees and independent contractor in any legal action or claim
6 of any kind based upon such alleged acts or omissions.
7 IX
8 DELIVERY OF NOTICES
9 Any notices to be served pursuant to this Agreement
shall be considered delivered when deposited in the United States
10 mail and addressed to:
11
12II COUNTY CITY OF LAKE ELSINORE
13l, County Fire Chief 130 S. Main Street
!! 210 W. San Jacinto Ave. Lake Elsinore, CA 92530
14j) Perris, CA 92370
151
Provisions of this section do not preclude any notices
16 being delivered in person to the addresses shown above.
17
18 X
19 ENTIRE CONTRACT
20 This contract is intended by the parties hereto as a
final expression of their understanding with respect to the
21 subject matter hereof and- as a complete and exclusive statement
of the terms and conditions thereof and supersedes any and all
22 prior contemporaneous agreements and understandings, oral or
written, in connection therewith. This contract may be
23 terminated, changed, or modified only upon the written consent of
the parties hereto.
24
IN WITNESS WHEREOF, the duly authorized officials of
25 the parties hereto have, in their respective capacities, set
26 their hands as of the date first hereinabove written.
27
28
5
1 Dated: _ �� 7 2001
2 CITY F LAKE ELSINORE
3 APPROVED AS TO FORM By IU4 /
4
n ` t J/� Title Cu
17a�1o.�rR b,.a C,+ AWorni��
6 ATTE
7 BY COUNTY OF RIVERSIDE
8
9 Title
10 ATTEST: an, Board of Supervis s
11 GERALD A. MALONEY
12 Clerk of the Board
13 By
14i� Deputy
15 j (SEAL)
16 AGR\FORM
17 6-28-95
18
19
20
21
22
23
24
25 FORM APPROVED
26 COUNTY COUNSEL
27 MAR 0 5 2001
28
c
6
MAR r ? zee 3 .t
i 2/21/2000
LAKE ELSINORE STAFFING LEVEL EXHIBIT"A"
FISCAL YEAR 2000/2001 - 3 PERSON ENGINE CO.
- "ESTIMATE"
SERVICE
DELIVERY 2.0- FF I'S ANNUAL
COST 1-CAPTAIN 2.0-ENGINRS 2.6-FF II's TOTAL
STA. #10 239,407 89,800 156,280 278;992 764,478
* LAKE ELSINORE TAX CREDIT (521,707)
BALANCE DUE 242,771
SERVICE DELIVERY COSTS
SUPPORT SERVICES OPERATING SERVICES
Administration Telephone
Fire Prevention Radio Maintenance
Automotive Facility Maintenance
Dispatch Utilities
Training -Vehicle Maintenance
Data Processing Fire Engine Maint.
Haz. Materials Team Fire Fighting Equip.
Communications Training
Accounting First Aid Supplies-
Personnel Office Supplies/Equip.
Public Affairs
Procurement
Volunteer Support CAPITAL EQUIPMENT
Emergency Services Fire Engines
* STRUCTURAL FIRE TAXES 321,630
REDEVELOPMENT PASS THR 200,077
TOTAL TAX FUNDING 521,707
LAKE ELSINORE FIRE PROTECTION
COST ESTIMATE FOR FISCAL YEAR 03/04
3 PERSON ENGINE CO.
EXHIBIT "A"
SERVICE
DELIVERY ANNUAL
COST CAPTAINS ENGINEERS FF 11's TOTAL
STA. #10 268,419 286,838 3 493,447 6 , 1,048,703 9
STA. #85 285,181 111,378 1 191,225 2 493,447 s 1,081,231 9
TOTAL STAFF COUNT 18
TOTAL ESTIMATED COST 2,129,934
LAKE ELSINORE TAX CREDIT (705,326)
ESTIMATED CITY BUDGET 1,424,609
Leasing two fire engines from the Riverside County Fire Department.
SERVICE DELIVERY COSTS
----------------------
SUPPORT SERVICES OPERATING SERVICES
Administration Telephone
Fire Prevention Radio Maintenance
Automotive Facility Maintenance
Dispatch Utilities
Training Vehicle Maintenance
Data Processing Fire Engine Maint.
Haz. Materials Team Fire Fighting Equip.
Communications Training
Accounting First Aid Supplies
Personnel Office Supplies/Equip.
Public Affairs
Procurement
Volunteer Support CAPITAL EQUIPMENT
Emergency Services Fire Engines
STRUCTURAL FIRE TAXES 393,353
REDEVELOPMENT PASS THRU 311,973
TOTAL TAX FUNDING 705,326
EXHIBIT F
SPECIFIC PLAN AMENDMENT EXHIBIT
8128103 4000.104
H&O:#2939 v9 21
n of Section 8
M. HOLLAND ROAD
IN, -
coy �.
27
Neighborhood Park
(East) 2.5 ac. i I
Neigh
RAIL Par
ROAD CANYON lementary Sch061/ — J
East) 12.2 ac. '
, I
� I
Cotto ;
Element
�istrict
Ol District
Legend �n City CSA 145
SCHOOL
I
NEIGHBORHOOD PARK
. " NORTH
-" - COMMUNITY PARK/ I
-- _ PASSIVE PARK f
I
-� Canyon
Hills
� Cifities Plan
EXHIBIT G
BIDDING AND CONTRACTING REQUIREMENTS
1. Bids shall be solicited from at least three (3) qualified contractors, provided at
least three (3) qualified contractors are reasonably available. Developer may directly
solicit bids.
2. The bidding response time shall be not less than ten (10) working days.
3. An authorized representative of the City shall be provided a copy of the tabulation
of bid results.
4. Contractor(s) for the construction of the Fire Station shall be awarded to the
qualified contractor(s) submitting the lowest responsible bid(s), as determined by the
Developer.
5. The contractor to whom a contract is awarded shall be required to pay not less
than the prevailing rates of wages pursuant to Labor Code Sections 1770, 1773 and
1773.1. A current copy of applicable wage rates shall be on file in the Office of the City
Engineer, as required by Labor Code Section 1773.2.
8/28/03 4000.104
H&O:#2939 v9 22
EXHIBIT H
FORM OF PAYMENT REQUEST
The undersigned hereby requests payment in the total amount of$ for costs
relating to the Fire Station (as defined in the Public Facilities and Services Agreement by
and between the City of Lake Elsinore and Pardee Homes ("Developer"), dated
2003 (the "Agreement"), all as more fully described in Attachment 1
hereto. In connection with this Payment Request,the undersigned hereby represents and
warrants to the City as follows:
1. He(she) is a duly authorized officer of the undersigned, qualified to
execute this Payment Request for payment on behalf of the undersigned and is
knowledgeable as to the matters set forth herein.
2. All costs of the Fire Station for which payment is requested hereby are
actual costs and have not been inflated in any respect. The actual costs of which payment
is requested have not been the subject of any prior Payment Request submitted to the
City.
3. Supporting documentation (such as third party invoices) is attached with
respect to each cost for which payment is requested.
4. The undersigned is in compliance with the terms and provisions of the
Agreement and no portion of the amount being requested to be paid was previously paid.
5. A detailed calculation of the costs submitted is shown in Attachment 1
hereto.
6. Please authorize payment of the costs submitted to the following
entity(ies), if other than the undersigned, in the amounts or percentages indicated:
8/28/03 4000.104
H&O:#2939 v9 23
I declare under penalty of perjury that the above representations and warranties
are true and correct.
PARDEE HOMES, California corporation
By:
Name:
Title:
CITY OF LAKE ELLSINORE
Payment Request Approved
By:
Name:
Title:
8/28/03 4000.104
H&O:#2939 v9 24
ATTACHMENT I
SUMMARY OF ACTUAL COSTS SUBMITTED
AS PART OF PAYMENT REQUEST
Actual Costs Disbursement Requested
8/28/03 4000.104
H&O:#2939 v9 25
EXHIBIT I
PUBLIC SAFETY CFD RMA
8/28/03 4000.104
H&O:#2939 v9 26
AUG 05 '03 16:35 FR CITY OF LAKE ELSINORE909 674 2392 TO 912136804518 P.08i10
CITY OF LAKE ELSINORE
COMMUMTY FACILITIES DISTRICT NO.2003-1
(LAW ENFORCEMENT,FIRE AND PARAMEDIC SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed Residential Property
Multi-Family Property(as hereinafter defiled)in City of Take Elsinore Community litiesDistrico od
2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District'), in accordance with the rate and
method of apportionment of special taxes hereinafter set forth. All of the property is not Developed Residential Property or Developed Multi-Family Property PAY wYthm the Dishict that
Maximum Annual Special Taxes of the District-
Definitions
shall be exempt from the
Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying
number on a map of the County Assessor of the County of Riverside,
City. City of Lake Elsinore,California,
Developed Multi-Family Property. Assessor's Parcels in the District for which a building permit
has been issued by the City on or prior to March I preceding any Fiscal Year for the construction of a
Unit that is located or shall be located within a building in which each of the individual Units has or shall
have at least one common wall with another Unit.
Developed Residential Property. All other Assessor's Parcels in the District for which a building
Permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction
of a Unit that is not a Developed Multi-Family Property,
Fiscal Year, 'llie period beginning on July 1 and ending on the following June 30_
Maximum Annual Special Taxes. '17he maximum annual special taxes levied within the District
for any Fiscal Year_
Unit_ Each separate residential dwelling unit, which comprises an independent facility capable of
conveyance or use separate from adjacent dwelling units.
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July 1 of each Fiscal Year,commencing July 1,2003, the City shall determine which of the
Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi-
Family Property. Beginning in Fiscal Year 2003-04, and in all subsequent Fiscal Years, the City shall
levy the Maximum Annual Special Taxes on eacli Assessor's Parcel of Developed Residential Property in
the amount of$3-00 and on each Assessor's Parcel of Developed Multi-Family Property in the amount of
$150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2%,
commencing in the Fiscal Year 2004-05,and each Fiscal Year thereafter,
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so long as the Law
Enforcement,Fire and Paramedic Services are being provided within the District.
45319308.2
AUG 05 '03 16:35 FR CITY OF LAKE ELSINORE9O9 674 2392 TO 912136804518 P.O9i1O
The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same
manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and
the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorern taxes.
The Maximum Annual Special Taxes when levied shall be secured by the lien imposed pursuant to
Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure
each levy of Maximum Annual Special Taxes. The lien of the Maximum Annual Special Taxes shall
continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section
53330.5 of the Government Code.
45319308.2
AUG 05 '03 16.36 FR CITY OF LAKE ELSINORE909 674 2392 TO (312136804518 P.10i10
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I,VICKI KASAD,CITY CLERK OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by
the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the
24"' day of June,2003,and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS: RICKMAN, KELLEY, SCHIFFNER,
BRINLEY
NOES: COUNCILMEMBERS: NONE
ABSENT; COUNCILMEMBERS: NONE
JAB:AIN: COUNCILMEMBERS: BUCKLEY
VICKI KASAD, CMC, CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO IIEREBY CERTIFY that the above and foregoing is a full,true and correct copy of
Resolution No.2003-21 of said Council, and that the same has not been amended or
repealed.
DA E: June 30, 2003
AD, CM ,CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
(SEAL)
I�c TnTAl PAf;F.1 GI kK