PETITION TO CREATE A
COMMUNITY FACILITIES DISTRICT,
IMPROVEMENT AREA AND
FUTURE ANNEXATION AREA
(Including Waivers)
January 9, 2022
City Council of the
City of Fairfield
1000 Webster Street
Fairfield, California 94533
Members of the Council:
This is a petition to create a community facilities district, an improvement area and a future annexation area and related matters (the “Petition”) submitted pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the “Act”).
1. Petitioners. This Petition is submitted pursuant to the Act to the City of Fairfield (the “City”) by the owner (the “Property Owner”) of 100% of the fee simple interest in the parcels of land identified by Assessor Parcel Numbers shown in Exhibit C (the “Property”) and further shown as “Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5)” (“Improvement Area No. 1”) on the map attached hereto as Exhibit B. The Property Owner warrants to the City with respect to the Property that the signatories are authorized to execute this Petition and that the submission of this Petition and participation in the City’s proceedings under the Act will not constitute a violation or event of default under any existing financing arrangement in any way affecting the Property Owner and such Property, including any “due-on-encumbrance” clauses under any existing deeds of trust secured by the Property.
2. Request to Institute Proceedings. The City Council is hereby requested to do all of the following:
a. Undertake proceedings under the Act to create a community facilities district to be designated “City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5)” (the “CFD”).
b. Designate the Property as Improvement Area No. 1.
c. Initiate and conduct legal proceedings pursuant to Article 3.5 of the Act, beginning with Section 53339 thereof (“Article 3.5”), to designate the area shown on Exhibit B as a future annexation area for the CFD (the “Future Annexation Area”). The Future Annexation Area will enable from time to time, the future annexation of all or any portions of the Future Annexation Area to the CFD without further hearing or further action by the City Council to the extent permitted by the Act, upon receipt of written unanimous approval of the owner or owners of each parcel or parcels at
2 the time that the parcel or parcels are annexed, without additional hearings, all as prescribed by and in conformity with the provisions of Article 3.5.
d. Conduct a landowner-voter election in Improvement Area No. 1 in accordance with the Act to obtain authorization (1) to levy a special tax for facilities (the “Facilities Special Tax”) and a special tax for services (the “Services Special Tax”) on the non-exempt property located within Improvement Area No. 1 and (2) to authorize the issue of special tax bonds and other debt for the CFD with respect to Improvement Area No. 1, all as shall be more fully established during the course of the requested legal proceedings for establishment of the CFD.
e. Conduct proceedings for the items described in (a) through (d) above.
3. Boundaries of CFD. The Property Owner hereby asks that the territory within the boundaries of the CFD, Improvement Area No. 1 and the Future Annexation Area be as shown on the map attached hereto as Exhibit B.
4. Purpose of CFD. The Property Owner believes that the CFD and the City of Fairfield Community Facilities District No. 2019-1 (One Lake) ("CFD No. 2019-1") are necessary to finance facilities and services associated with the One Lake project (the "Project"). The CFD, Improvement Area No. 1 and each improvement area created from the annexation to the CFD of territory in the Future Annexation Area shall be created for the purpose of financing the facilities (the “Authorized CFD Improvements”) and the public services described in Exhibit A attached hereto and incorporated herein by reference. With respect to Improvement Area No. 1 and each improvement area created from the Future Annexation Area, the Property Owner will request from time to time that the City Council issue special tax bonds and other debt (as defined in the Act) in one or more series to finance the Authorized CFD Improvements and the related incidental expenses of the proceedings and bond financing, and the Property Owner will cooperate in each issuance of special tax bonds and other debt.
5. Elections. The Property Owner hereby asks that the special election to be held under the Act to authorize the special taxes and the issuance of the bonds and other debt and to establish an appropriations limit for the CFD be consolidated into a single election and that the election be conducted by the City and its officials, using mailed or hand-delivered ballots, and that such ballots be opened and canvassed and the results certified at the same meeting of the City Council as the public hearings on the CFD under the Act or as soon thereafter as possible.
6. Waivers. To expedite the completion of the proceedings for the CFD and Improvement Area No. 1, all notices of hearings and all notices of election, applicable waiting periods under the Act for the election and all ballot analyses and arguments for the election are hereby waived. The Property Owner also waives any requirement as to the specific form of the ballot to be used for the election, whether under the Act, the California Elections Code, or otherwise.
7. Deposits. Compliance with the provisions of subsection (d) of Section 53318 of the Act has been accomplished by a deposit of funds by the Property Owner with the City, made not later than the date of submission of this petition to the City Clerk, pursuant to a Deposit and Reimbursement Agreement, between the City and the Property Owner, to pay the estimated costs to be incurred by the City in conducting proceedings for establishment of the CFD, Improvement Area No. 1 and the Future Annexation Area.
3 8. Counterparts. This Petition may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
9. Electronic Signatures. The Property Owner hereby agrees that its electronic signatures or other electronic indication of execution on all documents related to this transaction, and the electronic signature or other electronic indication of execution of other parties related to this transaction, shall be treated the same and have the same legally binding and enforceable effect as original manual signatures.
By executing this Petition, the person below agrees to all of the above.
The property that is the subject of
this Petition is identified on Exhibit
C and includes 171.08 acres
The name of the owner of record of such property
and the petitioner and its mailing address is:
ONE LAKE HOLDING LLC,
a Delaware limited liability company
By:
Name:
Its:
Mailing Address:
2121 N. California Blvd.
Suite 1010
Walnut Creek, California 94596
A-1
EXHIBIT A
PROPOSED DESCRIPTION OF FACILITIES AND SERVICES TO BE FINANCED BY THE CFD
AND EACH IMPROVEMENT AREA THEREIN
City of Fairfield
Community Facilities District No. 2023-1
(One Lake Planning Area 5)
AUTHORIZED FACILITIES
It is intended that the CFD (as used in this Exhibit A, the term “CFD” includes the CFD and each improvement area as originally designated and as designated in the future in connection with annexations of territory to the CFD) will be authorized to finance all or a portion of the costs of acquisition, construction, and improvement of facilities permitted under the Mello-Roos Community Facilities Act of 1982 that are required as conditions of development of the property within the Project and that will be owned and operated by the City or any other public agency identified by the City (subject to compliance with the Act), including, but not limited to, the following. No facilities may be financed that will be owned by a homeowners’ association.
1. Offsite sewer improvements.
2. Offsite potable water improvements and facilities, including but not limited to pump stations, buildings, water lines, and storage facilities.
3. Offsite non-potable water improvements and facilities, including but not limited to pump stations, water lines, and streetwork.
4. Storm drain/non-potable water pump station improvements, buildings, and facilities.
5. Backbone street and road improvements and facilities, including sewer, water, storm drain, street lights signage and striping, traffic signals, medians, curb, gutter, City fiber lines, pavement and bridges.
6. Intract Improvements including sewer, water, storm drain, street lights signage and striping, curb, gutter, and pavement.
7. Storm drain basins, bio-retention and storm drain improvements to meet storm management needs, including maintenance roads, fencing and other improvements.
8. Fire station that will serve property in the Project, including land, building, and associated site improvements.
The facilities authorized to be financed may be located within or adjacent to the Project Area, as that term is defined in that certain Amended and Restated Development Agreement dated May 8, 2015, between the City and One Lake Holding LLC (via assignment from Canon Station LLC), as amended from time to time. For purposes of clarity, a fire station serving the property in the Project shall be deemed to be adjacent to the Project Area and eligible to be financed by the CFD.
The facilities do not include any infrastructure funded with a development impact fee, including the Northeast Fee.
The facilities to be financed shall include all hard and soft costs associated with the facilities, including the costs of the acquisition of land and rights-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, costs associated with civil and geotechnical engineering certifications, improvements staking, erosion control, hydroseed, soils testing, encroachment expenses, permits, plan check,
2 and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing as further defined in one or more acquisition agreements with the developer of the property in the Project.
AUTHORIZED SERVICES
Special Taxes collected in the CFD (as defined above) may finance, in whole or in part, the following services (“services” shall have the meaning given that term in the Mello-Roos Community Facilities Act of 1982):
1. Maintenance and operation of the fire station serving the Project (regardless of whether it is located within the boundaries of the CFD) and any other real property or tangible property within the boundaries of the Project with an estimated useful life of five or more years that is owned by the City or by another local agency pursuant to an agreement with the City.
2. Fire protection and suppression services and ambulance and paramedic services provided to the Project.
3. Police protection services, including, but not limited to, criminal justice services.
4. Maintenance and lighting of parks, parkways, streets, roads, and open space.
5. Flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems, plowing and removal of snow, and sandstorm protection systems.
OTHER
The CFD may also finance any of the following:
1. Bond and debt related expenses, including underwriters discount, reserve fund, capitalized interest, letter of credit fees and expenses, bond and disclosure counsel fees and expenses, bond remarketing costs, and all other incidental expenses.
2. Administrative fees of the City and the bond trustee or fiscal agent related to the CFD and the bonds and other debt.
3. Reimbursement of costs related to the formation of the CFD advanced by the City, the landowner(s) in the CFD, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the City, the landowner(s) in the CFD or any party related to any of the foregoing, for facilities, fees or other purposes or costs of the Project.
4. All “costs” and “incidental expenses” related to the eligible facilities as those terms are defined in the Act.
Special Taxes may be collected and set-aside in designated funds and collected over several years, and used to fund facilities or services authorized to be financed by the CFD.
3 B-1
EXHIBIT B
PROPOSED BOUNDARY MAP
City of Fairfield
Community Facilities District No. 2023-1
(One Lake Planning Area 5)
VANDEN ROADCANON ROAD
PEABODY ROADPUTAH SOUTH CANALDECEMBER 2022
LEGEND
600'
GRAPHIC SCALE
2,400'0'1,200'600'300'600'0'
SCALE: 1" =
PROPOSED BOUNDARIES OF
CITY OF FAIRFIELD
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(ONE LAKE PLANNING AREA 5)
1668-016 SHEET 1 OF 1
COUNTY OF SOLANO STATE OF CALIFORNIA
CLERK'S MAP FILING STATEMENT
CLERK'S MAP STATEMENT
COUNTY RECORDER'S STATEMENT
NOTES
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
B-1
EXHIBIT C
LIST OF PARCELS CONSTITUTING THE PROPERTY
City of Fairfield
Community Facilities District No. 2023-1
(One Lake Planning Area 5)
* Only includes the acreage for the legal parcel currently identified by this APN that is initially included in Improvement Area No. 1. It does not include the acreage for the legal parcel currently identified by this APN that will be included in the Future Annexation Area.
# Reflects expected change in property line.
APN Acres
166-020-280* 95.65
166-020-290 19.83
166-420-010*# 44.75
166-420-020 7.05
166-420-030 3.85
Totals# 171.13