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Agenda packet

Lake Elsinore City Council
June 10, 2025

Document
Agenda packet
Meeting
June 10, 2025
Body
Lake Elsinore City Council
Pages
33
Original file
56.7 MB
Text extracted from the city's file for reading and search. Open the original on lakeelsinore.primegov.com. That file is the official record.

City of Lake Elsinore
City Council Meeting
Agenda – Final

Brian Tisdale, Mayor
Robert E. Magee, Mayor Pro Tem
Steve Manos, Council Member
Timothy J. Sheridan, Council Member
Natasha Johnson, Council Member
Jason Simpson, City Manager
Meeting Date:

June 10, 2025

Closed Session: 5:30 PM
Public Session: 7:00 PM

Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530

The City of Lake Elsinore appreciates your attendance. Citizens’ comments, input , and interests provide the City Council with valuable information regarding issues of the community.

Meeting Information
Meetings are held on the 2nd and 4th Tuesday of every month, and the agenda is posted 72 hours prior to each meeting outside of City Hall. The agenda and related reports are also available on the City’s website at www.Lake-Elsinore.org. Meetings are conducted in person, televised live on Spectrum Cable Station Channel 29 and Frontier Cable Channel 31, and streamed online at http://www.lake- elsinore.org/city-government/city-council/webcast-videos. If you are attending the meeting in person, please park in the parking lot across the street from the Cultural Center to assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation.

Public Comments – Addressing the City Council
Any person wishing to address the City Council on items not included on the Agenda may do so during Public Comments for 1 minute at the beginning of the meeting or during Public Comments for 3 minutes at the end of the meeting. We respectfully ask those interested in addressing the City Council to either submit a request to speak online at http://www.lake-elsinore.org/city-government/agendas- and-minutes or complete and present a “Request to Speak” form to the City Clerk at the meeting. This Form is available on the table located inside the Council Chamber. Members of the public may also provide comments on Agenda items by noting the item on the “Request to Speak” form and will be called to address the City Council when the item is considered by the City Council during the meeting.

Written Communications
If you would like to submit written public comments, you may do so prior to the meeting either by entering them online at the link above or emailing them to the City Clerk at calvarez@lake- elsinore.org. Any written communications or additional documents distributed to the City Council within 72 hours of the meeting will also be made available to the public in accordance with Government Code Section 54957.5.

Accessibility Accommodations
In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk’s Department at (951) 824-8934, at least 48 hours before the meeting, to make reasonable arrangements to ensure accessibility

City Council Agenda - Final June 10, 2025

City of Lake Elsinore Page 2

Dream Extreme 2040 is the City’s FIRST long -term strategic plan to assist the City in its pursuit of achieving its vision. The plan is a living document that will be updated regularly and serve as the framework to guide all decision- making over the next 20 years by identifying key Anchors, Aspirations, and Strategies.

Our Vision is the City of Lake Elsinore will be the ultimate destination where all can live, work, play, build futures, and fulfill dreams.

The Anchors are the City of Lake Elsinore’s unique community assets and opportunities: The Lake, Downtown, and Action and Adventure.

• The Lake: Lake Elsinore is a vital community asset. Protecting, enhancing, and celebrating the Lake is critical to Lake Elsinore’s City and community health.

• Downtown: Enhancing and creating the highest quality downtown experience will serve to create a strong sense of place that will shape the City’s identity as a place where residents and visitors can live, work, and play.

• Action and Adventure: Lake Elsinore’s programs, facilities, and natural environment will define the City as a destination for action and adventure for both visitors and residents.

Our Aspirations are broad, long- term goals that encapsulate what we hope to achieve in Lake Elsinore’s future. The City has identified 4 key aspirations to work towards.

Items on the agenda that align with Aspirations from the Dream Extreme 2040 Plan are noted by the Aspiration’s icon to highlight City Council actions that help the City pursue its goals.

To read the plan and learn more about its implementation in the City, visit www.Lake-Elsinore.org/DreamExtreme2040.

City Council Agenda - Final June 10, 2025

City of Lake Elsinore Page 3

CALL TO ORDER

The regular meeting of the City Council will be called to order.

ROLL CALL

PUBLIC COMMENTS ON CLOSED SESSION ITEMS

CLOSED SESSION - 5:30 P.M.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APN: 377-313-013 & 377-320-004
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Perris Senior Apartments Under negotiation: Price and terms of payment

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APN: 377-320-003
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Felipe Munoz Under negotiation: Price and terms of payment

C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APN: 373-061-010
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Michelle Hernandez Under negotiation: Price and terms of payment

RECESS

The City Council will recess to Closed Session.

RECONVENE/CALL TO ORDER - 7:00 P.M.

The Regular Meeting of the City Council will reconvene and the Regular Meeting of the Successor Agency will be called to order.

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION REPORT

PRESENTATIONS/CEREMONIALS

1) Proclamation Declaring June 19, 2025, as Juneteenth in the City of Lake Elsinore

Present a Proclamation declaring June 19, 2025, as “Juneteenth” in the City of Lake Elsinore.

City Council Agenda - Final June 10, 2025

City of Lake Elsinore Page 4

2) Update on Elsinore Valley Municipal Water District's (EVMWD) Proposition 218 Process and Proposed Rate Adjustment

3) Update on the Community Services Department (CSD) Master Plan

Receive an update on the CSD Master Plan project from consultants at BerryDunn.

4) Lake Elsinore Tigers High School Varsity Baseball

Present Certificates of Recognition to the Lake Elsinore Tigers High School 2024-2025 Varsity Baseball, CIF Southern Section Division 5 Champions.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE

(Please read & complete a Request to Address the City Council/Successor Agency form prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or City Clerk/Clerk will call on you to speak.)

CITY COUNCIL CONSENT CALENDAR

5) Minutes of the Regular City Council Meeting of May 27, 2025

Approve the Minutes.

6) CC Warrant Report Dated May 12, 2025 to May 18, 2025

Receive and File.

7) CC Warrant Report Dated May 19, 2025 to May 25, 2025

Receive and file.

8) Resolution of Consideration of Change Proceedings for Community Facilities District No. 2021-1 of the City of Lake Elsinore (Tuscany Valley/Crest)

Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021 -1 OF THE CITY OF LAKE ELSINORE (TUSCANY

VALLEY/CREST), DECLARING ITS INTENTION TO CONSIDER AMENDMENTS TO

THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR EACH OF IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 OF THE DISTRICT

AND INCREASING THE AUTHORIZED BONDED INDEBTEDNESS FOR EACH OF IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 OF THE DISTRICT.

9) Approval of Agreement with eScribe Software Ltd. for Agenda Management Services

Approve and authorize the City Manager to execute a Professional Services Agreement with eScribe Software Ltd. in an amount not to exceed $146,241 over the initial three-year term for the implementation, training, and support of a comprehensive digital agenda management platform in such final form as approved by the City Attorney.

City Council Agenda - Final June 10, 2025

City of Lake Elsinore Page 5

10) Agreement for Animal Control Services with Animal Friends of the Valleys

Approve and authorize the City Manager to execute an Animal Control Services Agreement with Animal Friends of the Valleys, Inc. (AFV) in an amount not to exceed $271,376.52 for Fiscal Year 2025- 26 for animal control services in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed 10% contingency of $27,137.65 for uncertainties and adjustments

11) Change Order #1 to the Public Works Agreement for the Fire Suppression System in the New City Hall Project (CIP Project No. Z20006)

Approve and authorize the City Manager to negotiate and approve a change order to the agreement between Cal State Fire Protection and the City of Lake Elsinore in an amount not to exceed $117,996.97 for expanding the fire suppression system in the building. Authorize the City Manager to execute the change order, subject to approval as to form by the City Attorney.

12) Professional Services Agreement with Inland Foundation Engineering, Inc. for Geotechnical Building Construction Inspection Services of the New City Library Project (CIP Project No. Z20003)

Approve and authorize the City Manager to execute an agreement with Inland Foundation Engineering, Inc. in an amount not to exceed $142,830.00 for Geotechnical Building Construction Inspection Services of the New City Library Project in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $14,283.00 for uncertainties and adjustments.

13) Agreement with Pye -Barker for the Design and Installation of the Low Voltage Security and Data System in the City Hall Building Project (CIP Project No.

Z20006)

Approve and authorize the City Manager to execute an agreement with Pye- Barker in an amount not to exceed $958,761.82 for the design and installation of the low voltage security and data system for the New City Hall Project (CIP Project No. Z20006) in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $95,876.18 for uncertainties and adjustments.

14) Agreement with Semper Patrol, Inc., for Security Services at the New City Hall Construction Project (CIP Project No. Z20006)

Approve and authorize the City Manager to execute a Professional Service Agreement with Semper Patrol, Inc. in an amount not to exceed $119,808 for security patrol services at the new City Hall in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency in the amount of $11,980.80 for uncertainties and adjustments.

City Council Agenda - Final June 10, 2025

City of Lake Elsinore Page 6

15) Vacant Land Purchase Agreement and Joint Escrow Instructions for Acquisition of Real Property: APN 377-231-040

Approve the Vacant Land Purchase Agreement and Joint Escrow Instructions, including Seller’s Counter Offer No. 1 and other related standard forms (the “Agreement”) in substantially the form attached, and confirm that the City Manager and Assistant City Manager are authorized to execute the Agreement in such final form as approved by the City Attorney and direct the City Manager to execute such other documents necessary to complete the transaction, including but not limited to, the Certificate of Acceptance.

16) Agreement with the County of Riverside Sheriff's Department for Law Enforcement Services

Approve and authorize the Mayor to execute an Agreement with the County of Riverside Sheriff's Department to perform law enforcement services per the fee and terms noted in the agreement in such final form as approved by the City Attorney.

17) Housing Successor Annual Report for Fiscal Years 2013 -14 Through 2023 -24 Regarding the Low- and Moderate-Income Housing Asset Fund Report Pursuant to Senate Bill 341

Receive and file the Housing Successor Annual Report for Fiscal Years 2013 -14 through 2023-24.

18) July 4th Fireworks Celebration on the Lake

Approve the recommended traffic detour map as approved by the City Engineer for the Annual Fireworks Show on Lake Elsinore.

19) 2025 Annual Consumer Price Index Increase for Refuse Collection Services Provided by CR&R

Receive and file the 2025 Annual Consumer Price Index Increase for Refuse Collection Services provided by CR&R since the rate increase falls within the allowable amount per the Franchise Agreement.

20) Fiscal Year 2025-26 SB -1 Lakeshore Drive and Mission Trail Pavement Resurfacing Project

Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025 -2026 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.

21) Amendment No. 2 to the Agreement with Prudential Overall Supply for Weekly Employee Uniforms, Shop Towels, and Logo Mat Services

Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with Prudential Overall Supply to increase compensation by an additional $4,000.00 for a total contract amount not to exceed $27,784.00 for weekly employee uniforms, shop towels, and logo mat services in such final form approved by the City Attorney.

City Council Agenda - Final June 10, 2025

City of Lake Elsinore Page 7

22) Annual On-Call and Construction Contractor Services Agreements in Support of City of Lake Elsinore Minor Construction, Maintenance, and Operations

Approve the On- Call and Minor Construction Contractor Services Agreements with Endresen Development Inc. in the amount of $500,000, Cotter Construction Inc. in the amount of $500,000, Amber Airconditioning in the amount of $450,000, Pursuit Electric in the amount of $300,000, United Carports, LLC$250,000, SAS Construction in the amount of $250,000, R&R B Inc DBA Servpro of Chino in the amount of $200,000, B&B Nurseries Inc. (dba Landscape Center) in the amount of $150,000, BELFOR USA Group Inc. in the amount of $100,000, and J&M Leyva Enterprises in the amount of $100,000 in such final form as approved by the City Attorney.

SUCCESSOR AGENCY CONSENT CALENDAR

23) Minutes of the Regular Successor Agency Meeting of May 27, 2025

Approve the Minutes.

24) SA Warrant Report Dated May 12, 2025 to May 18, 2025

Receive and file.

25) SA Warrant Report Dated May 19, 2025 to May 25, 2025

Receive and file.

26) Amendment No. 1 to the Agreement with RP Landscape & Irrigation, Inc. for Additional Maintenance Services at Lake Elsinore Diamond Stadium

Approve and authorize the Executive Director to execute Amendment No. 1 to the Agreement with RP Landscape & Irrigation, Inc. to increase compensation by an additional $44,000.00 for an amount not to exceed $192,822.16 for additional maintenance services at Lake Elsinore Diamond Stadium in such final form as approved by the Agency Attorney.

PUBLIC HEARING

27) Assembly Bill 2561/Government Code Section 3502.3 Regarding Vacancies, Recruitment, and Retention Efforts

Receive and file the informational report on City of Lake Elsinore vacancies, recruitment, and retention efforts in compliance with Assembly Bill 2561/Government Code Section 3502.3.

BUSINESS ITEMS

28) First Reading of Local Responsibility Area Fire Map Ordinance

Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE FIRE

HAZARD SEVERITY ZONES AS RECOMMENDED BY THE CALIFORNIA

DEPARTMENT OF FORESTRY AND FIRE PROTECTION PURSUANT TO
GOVERNMENT CODE SECTION 51178.

City Council Agenda - Final June 10, 2025

City of Lake Elsinore Page 8

29) Amendment to Section 3.08.065 of the Lake Elsinore Municipal Code Increasing the Amount of the City Manager’s Contract Authority to $50,000

Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION

3.08.065 OF THE LAKE ELSINORE MUNICIPAL CODE , INCREASING THE AMOUNT OF THE CITY MANAGER’S CONTRACT AUTHORITY TO $50,000.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES

(Please read & complete a Request to Address the City Council/Successor Agency form prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or City Clerk/Clerk will call on you to speak.)

CITY MANAGER COMMENTS

CITY ATTORNEY COMMENTS

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED

ADJOURNMENT

The Lake Elsinore City Council will adjourn to the next Regular meeting of Tuesday, June 24, 2025 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.

AFFIDAVIT OF POSTING

I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall at 5:00 p.m. on Thursday, June 5, 2025.

_________________________
Candice Alvarez, MMC
City Clerk

A.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APN: 377-313-013 & 377-320-004
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Perris Senior Apartments Under negotiation: Price and terms of payment

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:David Mann, Assistant City Attorney
Date:June 10, 2025
Subject: CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APN: 377-313-013 & 377-320-004
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Perris Senior Apartments Under negotiation: Price and terms of payment
City Attorney’s Office
B.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APN: 377-320-003
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Felipe Munoz Under negotiation: Price and terms of payment

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:David Mann, Assistant City Attorney
Date:June 10, 2025
Subject: CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APN: 377-320-003
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Felipe Munoz Under negotiation: Price and terms of payment
City Attorney’s Office
C.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APN: 373-061-010
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Michelle Hernandez Under negotiation: Price and terms of payment

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:David Mann, Assistant City Attorney
Date:June 10, 2025
Subject: CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APN: 373-061-010
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Michelle Hernandez Under negotiation: Price and terms of payment
City Attorney’s Office
1)
Proclamation Declaring June 19, 2025, as Juneteenth in the City of Lake Elsinore Present

a

Proclamation

declaring

June

19,

2025,

as

“Juneteenth”

in

the

City

of

Lake
Elsinore.

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Candice Alvarez, MMC, City Clerk
Date:June 10, 2025
Subject:Proclamation Declaring June 19, 2025, as Juneteenth in the City of Lake Elsinore
Recommendation
Present a Proclamation declaring June 19, 2025, as “Juneteenth” in the City of Lake Elsinore.

Attachments
Attachment 1 - Proclamation
City Clerk's Office
Juneteenth
WHEREAS, Juneteenth commemorates June 19, 1865, the day when Union soldiers arrived in Galveston, Texas, and announced that the Civil War had ended and all enslaved people were free, more than two years after President Abraham Lincoln signed the Emancipation Proclamation and is a powerful reminder of the ongoing journey toward equality and justice in the United States and is widely recognized as the oldest nationally celebrated commemoration of the ending of slavery in the country; WHEREAS, in 2021, Juneteenth was officially recognized as a federal holiday, known as Juneteenth National Independence Day, affirming its significance in our national history and cultural identity;
WHEREAS, Juneteenth celebrates African American freedom and achievements, while encouraging continuous self-development and respect for all cultures, and provides an opportunity for reflection, education, and renewed commitment to the principles of equity and inclusion; and
WHEREAS, the City of Lake Elsinore values the diverse heritage and shared contributions of all its residents and recognizes the importance of honoring the historical significance of Juneteenth and joins communities across the nation in celebrating Juneteenth as a time of remembrance, reflection, and hope for a more just and equitable future.

NOW, THEREFORE, the City Council of the City of
Lake Elsinore, California, does hereby proclaim June
19, 2025 as “Juneteenth” in the City of Lake Elsinore
and encourages all residents to join in the
celebration, reflection, and education that this
important day represents.

Brian Tisdale, Mayor
2)
Update

on

Elsinore

Valley

Municipal

Water

District's

(EVMWD)

Proposition

218
Process and Proposed Rate Adjustment

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Candice Alvarez, MMC, City Clerk
Date:June 10, 2025
Subject:Update on Elsinore Valley Municipal Water District's (EVMWD) Proposition 218 Process and Proposed Rate Adjustment

City Clerk's Office
3)
Update on the Community Services Department (CSD) Master Plan Receive an update on the CSD Master Plan project from consultants at BerryDunn.

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Johnathan Oliver Skinner, Director Of Community Services Date:June 10, 2025
Subject:Update on the Community Services Department (CSD) Master Plan Recommendation
Receive an update on the CSD Master Plan project from consultants at BerryDunn.

Community Services
4)
Lake Elsinore Tigers High School Varsity Baseball
Present

Certificates

of

Recognition

to

the

Lake

Elsinore

Tigers

High

School

2024-2025
Varsity Baseball, CIF Southern Section Division 5 Champions.

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Candice Alvarez, MMC, City Clerk
Date:June 10, 2025
Subject:Lake Elsinore Tigers High School Varsity Baseball Recommendation
Present Certificates of Recognition to the Lake Elsinore Tigers High School 2024-2025 Varsity Baseball, CIF Southern Section Division 5 Champions.

City Clerk's Office
5)
Minutes of the Regular City Council Meeting of May 27, 2025 Approve the Minutes.

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Candice Alvarez, MMC, City Clerk
Date:June 10, 2025
Subject:Minutes of the Regular City Council Meeting of May 27, 2025 Recommendation
Approve the Minutes.

Attachments
Attachment 1 - Draft Minutes
City Clerk's Office

City of Lake Elsinore
City Council Meeting
Minutes – Draft

Brian Tisdale, Mayor
Robert E. Magee, Mayor Pro Tem
Steve Manos, Council Member
Timothy J. Sheridan, Council Member
Natasha Johnson, Council Member
Jason Simpson, City Manager
Meeting Date:

May 27, 2025

Closed Session: None
Public Session: 7:00 PM

Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530

CALL TO ORDER - 7:00 P.M.

The Regular Meeting of the City Council was called to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE

Council Member Manos led the Pledge of Allegiance.

ROLL CALL

Present: 5 - Council/Agency Members Manos, Sheridan, and Johnson; Mayor Pro Tem/Vice Chair Magee; and Mayor/Chair Tisdale

Absent: 0 - None

PRESENTATIONS/CEREMONIALS

1) Business in Action Monthly Spotlight – Skydive Elsinore

Recognize Skydive Elsinore as the City of Lake Elsinore’s Business in Action Monthly Spotlight for May 2025.

Mayor Tisdale presented the Certificate to Josh Hall and Karl Gulledge.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE

April Watkins was called to speak.

City Council Minutes - Draft May 27, 2025

City of Lake Elsinore Page 2

CITY COUNCIL CONSENT CALENDAR

A motion was made by Council Member Johnson, seconded by Council Member Manos to approve the City Council Consent Calendar with Item No. 14 being removed for discussion. The motion carried by the following vote:

Aye: 5 Council Member Manos, Mayor Tisdale, Council Member Johnson, Mayor Pro Tem Magee, Council Member Sheridan
Nay: 0 None

2) Minutes of the Regular City Council Meeting of May 13, 2025

Approve the Minutes.

This item was approved on the City Council Consent Calendar.

3) CC Warrant Report Dated April 21, 2025 to April 27, 2025

Receive and File.

This item was approved on the City Council Consent Calendar.

4) CC Warrant Report Dated April 28, 2025 to May 04, 2025

Receive and File.

This item was approved on the City Council Consent Calendar.

5) CC Warrant Report Dated May 05, 2025 to May 11, 2025

Receive and File.

This item was approved on the City Council Consent Calendar.

6) CC Investment Report for April 2025

Receive and file the Investment Report for April 2025.

This item was approved on the City Council Consent Calendar.

7) Second Reading of an Ordinance Amending and Restating Title 5, Chapter 5.31 of the Lake Elsinore Municipal Code to Provide for More Effective Code Enforcement Regarding Sidewalk Vending

Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 5, CHAPTER 5.31 OF THE LAKE ELSINORE MUNICIPAL CODE

TO PROVIDE FOR MORE EFFECTIVE CODE ENFORCEMENT REGARDING SIDEWALK VENDING.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft May 27, 2025

City of Lake Elsinore Page 3

8) Amendment No. 2 to the Agreement with Area 63 Productions, LLC for On-call Training and RV Repair Services

Approve and authorize the City Manager to execute Amendment No. 2 to the agreement with Area 63 Productions, LLC to increase compensation from $125,000 to an amount not to exceed $175,000 for On-Call Training and RV Repair Services in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $17,500 for uncertainties.

This item was approved on the City Council Consent Calendar.

9) Annexation No. 25 Into Community Facilities District No. 2015-2 (Maintenance Services) for TTM 33725 and 25475 (Tuscany Valley & Tuscany Crest)

Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF

THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 25) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.

This item was approved on the City Council Consent Calendar.

10) Lake Elsinore Community Facilities District No. 2015-1 (Safety Services) Declaring Its Intention to Consider Annexing Territory TTM 34249 Annexation No. 15

Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES),

DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES).

This item was approved on the City Council Consent Calendar.

11) Annexation No. 23 Into Community Facilities District No. 2015-2 (Maintenance Services) for TTM 34249 (Canyon Hills Heights)

Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE

DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF

LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 23) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft May 27, 2025

City of Lake Elsinore Page 4

12) Intention to Establish Community Facilities District No. 2025-1 of the City of Lake Elsinore (Canyon Hills Heights)

1. Adopt A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY

OF LAKE ELSINORE, CALIFORNIA, TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2025-1 OF THE CITY OF LAKE ELSINORE (CANYON HILLS

HEIGHTS), TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO PAY THE

COSTS OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS; and

2. Adopt A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY

OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $14,000,000 WITHIN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2025-1 OF THE CITY OF LAKE ELSINORE (CANYON HILLS HEIGHTS).

This item was approved on the City Council Consent Calendar.

13) Professional Services Agreement with Deckard Technologies, Inc. for Short- Term Rental Monitoring, Compliance, and Tax Collection Services

Approve and authorize the City Manager to execute an agreement with Deckard Technologies, Inc. in an annual amount not to exceed $12,022.50 for Short Term Rental Monitoring, Compliance and Tax Collection Services in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency for uncertainties and adjustments.

This item was approved on the City Council Consent Calendar.

14) Special Event Procedures

Receive and file the Special Event Procedures.

This item was removed from the City Council Consent Calendar for discussion.

15) Award of a Public Works Construction Agreement to Endresen Development Inc. for replacing the lateral sewer Lines at The Anchor (CIP Project No. Z20032)

Approve and authorize the City Manager to execute a Public Works Construction Agreement with Endresen Development Inc. in an amount not to exceed $168,995.00 for the construction of the main sewer lateral lines at The Anchor, in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $16,899.50; and authorize the City Clerk to record the Notice of Completion once work is completed.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft May 27, 2025

City of Lake Elsinore Page 5

16) Amendment No. 2 to the Professional Services Agreement Between the City and Engineering Resources of Southern California, Inc. (ERSC) for the Civil Engineering Services of the New City Hall Project (CIP Project Z20006)

Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Engineering Resources of Southern California, Inc. (ERSC) for a total amount not to exceed $144,642.00 in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

17) Agreement with City Net for Supportive Services and Management of The Anchor

Approve and authorize the City Manager to execute a Professional Services Agreement with City Net for Supportive Services and Management of The Anchor in an amount not to exceed $766,000 per fiscal year and extending the term in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

18) Professional Services Agreement with Mullin 360 Real Estate Services, LLC for an Auto Assessment and Net Growth Demand Analysis

Approve and authorize the City Manager to execute an agreement/contract with Mullin 360 in an amount not to exceed $86,000 for an Auto Assessment and Net Growth Demand Analysis in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $8,600 for uncertainties and adjustments.

This item was approved on the City Council Consent Calendar.

19) Energy Efficiency-light Emitting Diode (LED) Fixture Replacement Agreement with Southern California Edison (SCE)

Approve and authorize the City Manager to execute an Agreement with SCE to convert SCE-owned fixtures in the City of Lake Elsinore to LED fixtures in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

20) Award a Contractor Services Agreement to Aneen Construction, Inc. for the Annual Curb, Gutter & Sidewalk Repair Program (CIP Project No. Z10067)

Approve and authorize the City Manager to execute the Contractor Services Agreement with Aneen Construction, Inc. for an amount not to exceed $800,000.00 per fiscal year in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $80,000.00 for unanticipated costs.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft May 27, 2025

City of Lake Elsinore Page 6

21) Agreement with Yesco for Installation of 12 Flood Fixtures at Gediman Square Parking Lot (CIP Project #Z20005)

Approve and authorize the City Manager to purchase from Yesco for an amount not to exceed $38,282.97 and by way of an agreement in the form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $3,828.00 for unanticipated costs.

This item was approved on the City Council Consent Calendar.

ITEM REMOVED FROM THE CITY COUNCIL CONSENT CALENDAR FOR DISCUSSION

14) Special Event Procedures

Receive and file the Special Event Procedures.

A motion was made by Council Member Johnson, seconded by Mayor Pro Tem Magee to receive and file the Special Event Procedures. The motion carried by the following vote:

Aye: 3 Council Member Johnson, Mayor Pro Tem Magee, and Mayor Tisdale Nay: 2 Council Members Manos and Sheridan

SUCCESSOR AGENCY CONSENT CALENDAR

A motion was made by Council Member Manos, seconded by Council Member Johnson to approve the Successor Agency Consent Calendar. The motion Carried by the following vote:

Aye: 5 Agency Members Manos, Sheridan, and Johnson; Vice Chair Magee; and Chair Tisdale
Nay: 0 None

22) Minutes of the Regular Successor Agency Meeting of May 13, 2025

Approve the Minutes.

This item was approved on the Successor Agency Consent Calendar.

23) SA Warrant Report Dated April 21, 2025 to April 27, 2025

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

24) SA Warrant Report Dated April 28, 2025 to May 04, 2025

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

City Council Minutes - Draft May 27, 2025

City of Lake Elsinore Page 7

25) SA Warrant Report Dated May 05, 2025 to May 11, 2025

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

26) SA Investment Report for April 2025

Receive and file the Investment Report for April 2025.

This item was approved on the Successor Agency Consent Calendar.

27) Purchase of the OmniDeck Stadium Turf Protection System from Signature Systems for the Diamond Stadium Capital Repairs and Replacement Project.

Approve and authorize the Executive Director to purchase a complete OmniDeck Stadium Turf Protection System for $98,589.75 from Signature Systems for the Diamond Stadium Capital Repairs and Replacement Project. Waive the formal bidding process per Municipal Code Section 3.08.070(G) for the purchase from Signature Systems since we have already purchased the original package in 2022. We are adding additional square footage to cover the newly installed grass.

This item was approved on the Successor Agency Consent Calendar.

28) Change Order No. 1 to the Purchase Order of Decomposed Granite (DG) with Tri- State Materials & Landscape Supplies for the Lake Elsinore Diamond Stadium

Approve and authorize the Executive Director to execute Change Order No. 1 with Tri- State Materials & Landscape Supplies for additional Decomposed Granite (DG) in the amount of $2,400.00 in such final form as approved by the Agency Attorney.

This item was approved on the Successor Agency Consent Calendar.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES

There were no speakers.

CITY ATTORNEY COMMENTS

Assistant City Attorney Mann had no comments.

CITY MANAGER'S COMMENTS

Assistant City Manager Buckley had no comments.

City Council Minutes - Draft May 27, 2025

City of Lake Elsinore Page 8

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED

Council Member Sheridan reported on his attendance at the Riverside Transit Agency Board of Directors meeting on May 22, 2025 and announced that the Transportation Now meeting will be held on May 28, 2025; announced that youth ride Riverside Transit Agency buses free through December 31, 2026; shared that an HOA Fire Assessment meeting was held at Westridge at Canyon Hills on May 21, 2025; invited the community to participate in the Kids’ Ride Into Nature Car Show on Saturday, May 31, 2025 from 10:00 a.m. – 3:00 p.m. at Marna O’Brien Park in Wildomar; shared upcoming promotions hosted by the Lake Elsinore Storm at Diamond Stadium; and shared a photo at Main Street Kitchen and Tap of Main Street on Memorial Day on Thursday, May 30, 1940.

Council Member Manos reported that he was unable to attend the Riverside County Habitat Conservation Agency Committee meeting this month.

Council Member Johnson congratulated Skydive Elsinore and Elsinore High School baseball team for winning the semi-finals for their division and for heading to the CIF; reported on her attendance at the Animal Friends of the Valleys Animal Shelter meeting and shared statistics on shelter operations in 2024; and shared photos from Elsinore and Temescal Canyon High Schools’ Scholarship Nights and congratulated Carl Graves’ Scholarship Awardees.

Mayor Pro Tem Magee thanked the Community Services Department and Chamber of Commerce for their work on the Fishing Derby; reported on his attendance at the Riverside County Transportation Commission meeting on May 14, 2025; invited the community to participate in the Just 4 Kids Fishing Derby from 7:30 – 10:30 a.m. on Saturday, June 7, 2025 at the Lake Elsinore Levee; invited the community to attend the San Diego SCCA Chapter Autocross event at Lake Elsinore Diamond Stadium on June 7-8, 2025; and announced the Southern California Sand Drag Association’s Challenge Points Series September 26-28, 2025 at the Lake Elsinore Motorsports Park.

Mayor Tisdale advised that the Northwest Mosquito and Vector Control District Multiple Unmanned Aerial Systems (UAS) Treatments took place on May 27, 2025; announced the grand opening of Beignet Spot in Lake Elsinore; shared photos of his and Council Member Johnson’s attendance at Rice Canyon Elementary School’s Memorial Flag Friday; reported on the City’s participation at the International Council of Shopping Centers convention; invited small business owners to attend America’s SBDC California workshop on “Using Google to Grow My Business” from 10:00 a.m. – noon on Wednesday, June 4, 2025 at the Lake Elsinore Cultural Center; and shared important dates pertaining to the June 24, 2025 Special Election for Assembly District 63.

ADJOURNMENT

The Lake Elsinore City Council adjourned at 7:44 p.m. to the next Regular meeting of Tuesday, June 10, 2025 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.

6)
CC Warrant Report Dated May 12, 2025 to May 18, 2025
Receive and File.

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:May 27, 2025
Subject:CC Warrant Report Dated May 12, 2025 to May 18, 2025 Recommendation
Receive and File.

Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.

Attachments
Attachment 1 – City Warrant Summary
Attachment 2 – City Warrant List
Administrative Services
MAY 12, 2025 TO MAY 18, 2025 CITY OF LAKE ELSINORECITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL 1,739,864.33 $
103 THE ANCHOR 160.00
110 GAS TAX 432.45
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 9,470.52 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 3,865.94 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 26,122.47 180 LAUNCH POINTE 55,428.58
305 INFORMATION SYSTEMS SERVICE 34,698.68
310 SUPPORT SERVICE 600.30
315 FLEET SERVICE 5,951.91
320 FACILITIES SERVICE 484.50
330 CFD 2015-2S MAINTENANCE SERVICES 1,614.82
331 CFD 2006-1 IA-CC SUMMERLY IMPROVEMENT 810.81
332 CFD 2006-1 IA-B SUMMERLY IMPROVEMENT 810.81
333 CFD 2015-4 TERRACINA IMPROVEMENT 810.81
334 CFD 2015-5 TRIESTE IMPROVEMENT 789.65
335 CFD 2003-2 IA-E CANYON HILLS IMPROVEMENT 2,789.65
336 CFD 2006-1 IA-FF SUMMERLY IMPROVEMENT 789.65
337 CFD 2016-2 CANYON HILLS IMPROVEMENT 766.65
338 CFD 2006-1 IA-JJ SUMMERLY IMPROVEMENT 789.65
339 CFD 2006-1 IA-KK SUMMERLY IMPROVEMENT 2,810.81
340 CFD 2006-1 IA-EE SUMMERLY IMPROVEMENT 789.65
342 CFD 2007-5S RED KITE SERVICES 579.15
343 CFD 2006-2S VISCAYA SERVICES 579.15
344 CFD 2005-2S ALBERHILL RANCH SERVICES 579.15
345 CFD 2003-2 IA-D CANYON HILLS IMPROVEMENT 1,600.45
347 CFD 2006-1 IA-A SUMMERLY IMPROVEMENT 1,389.96
350 CFD 98-1 SUMMERHILL IMPROVEMENT 810.81
351 CFD 2006-1 IA-II SUMMERLY IMPROVEMENT 810.81
355 RAD 2021-1 CANYON HILLS IMPROVEMENT 2,237.52
357 CFD 2003-2 IA-A CANYON HILLS IMPROVEMENT 1,042.48
358 CFD 2007-4S MAKENNA SERVICES 579.15
359 CFD 2021-1 IA-2 TUSCANY VALLEY & CREST IMPROVEMENT 694.44 361 CFD 2022-2 LAKESHORE IMPROVEMENT 674.22
362 CFD 2006-8S RUNNING DEER ESTATES SERVICES 579.15
363 CFD 2023-1 LAKESIDE IMPROVEMENT 674.22
364 CFD 2023-2 COASTAL MISSION TRAIL IMPROVEMENT 652.33 366 CFD 2005-6 CITY CENTER TOWNHOMES IMPROVEMENT 579.15 367 CFD 2006-1S SUMMERLY SERVICES 579.15
368 CFD 2006-2 VISCAYA IMPROVEMENT 579.15
369 CFD 2004-3 IA-1 ROSETTA CANYON IMPROVEMENT 810.81
370 CFD 2006-1 IA-HH SUMMERLY IMPROVEMENT 810.81
Attachment 1 1 of 2
MAY 12, 2025 TO MAY 18, 2025 CITY OF LAKE ELSINORECITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
371 CFD 2005-1 SERENITY IMPROVEMENT 810.81
372 CFD 2005-2 IA-A ALBERHILL RANCH IMPROVEMENT 810.81
373 CFD 2005-5S WASSON CANYON SERVICES 579.15
374 CFD 2005-4 LAKEVIEW VILLAS IMPROVEMENT 289.57
375 CFD 2006-4 ROSETTA HILLS IMPROVEMENT 289.57
376 CFD 2006-3 LA STRADA IMPROVEMENT 579.15
377 CFD 2006-6 TESSARA IMPROVEMENT 347.49
378 CFD 2006-8 RUNNING DEER ESTATES IMPROVEMENT 766.65
379 CFD 2022-1 ALBERHILL IMPROVEMENT 674.22
380 CFD 2015-4S TERRACINA SERVICES 567.61
384 CFD 2003-2 IA-B CANYON HILLS IMPROVEMENT 2,779.91
385 CFD 2004-3 IA-2 ROSETTA CANYON IMPROVEMENT 810.81
386 CFD 2007-4 MAKENNA IMPROVEMENT 766.66
387 CFD 2007-5 RED KITE IMPROVEMENT 766.65
390 CFD 2003-2 IA-C CANYON HILLS IMPROVEMENT 2,084.93
392 CFD 95-1 CIVIC CENTER IMPROVEMENT 810.81
394 CFD 2005-5 WASSON CANYON IMPROVEMENT 579.15
395 CFD 2018-1 WASSON CANYON II IMPROVEMENT 547.60
396 CFD 2019-2 NICHOLS RANCH IMPROVEMENT 778.78
397 CFD 2019-1 WESTLAKE IMPROVEMENT 2,778.78
398 CFD 2021-1 IA-1 TUSCANY VALLEY & CREST IMPROVEMENT 694.44 500 CAPITAL IMPROVEMENT PLAN 1,444,473.18
620 COST RECOVERY TRUST DEPOSITS 14,497.73
650 CFD 2003-1S LAW,FIRE, PARAMEDIC SERVICES 810.81
651 CFD 2006-5S PARK, OPEN SPACE, STORM DRAIN SERVICES 579.15 652 CFD 2007-1S LAW,FIRE, PARAMEDIC SERVICES 579.15
653 CFD 2009-1S PARK,OPEN SPACE,STREET LIGHT SERVICES 579.15 655 CFD 2015-1S LAW, FIRE, PARAMEDIC SERVICES 921.31
GRAND TOTAL 3,389,048.73 $
Attachment 1 2 of 2
MAY 12, 2025 TO MAY 18, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25002178 AARON CHEVROLET 253.99 $
APA25002179 ACTION GAS & WELDING SUPPLY 69.97
APA25002180 ACTION SPORTS CANOPIES 1,752.78
APA25002181 ALBERT WEBB & ASSOCIATES 25,002.50
APA25002182 ALL AMERICAN ASPHALT 1,397,890.44
APA25002183 AMERICAN LADY VETS, INC 60,400.15
APA25002184 ANIMAL FRIENDS OF THE VALLEY 22,063.12
APA25002185 ARCMATE MANUFACTURING, CORP 531.75
APA25002186 CDW GOVERNMENT, INC. 471.58
APA25002187 CHARTER COMMUNICATIONS 1,718.49
APA25002188 CORODATA RECORDS MANAGEMENT, INC. 153.80
APA25002189 CR&R, INC. 13,388.39
APA25002190 CR&R, INC. 4,671.97
APA25002191 DESERT HOUSE MEDIA 5,980.00
APA25002192 DIRECTV 157.99
APA25002193 DISCOUNT HAULING & CLEANUP SERVICE 16,370.00 APA25002194 EGP CONSULTING, INC. 6,416.79
APA25002195 EXCEL LANDSCAPE, INC. 1,032.00
APA25002196 FCS INTERNATIONAL, INC 2,770.00
APA25002197 FREEDOM FOREVER 175.01
APA25002198 FRONTIER CALIFORNIA - INTERNET 99.47
APA25002199 FRONTIER CALIFORNIA, INC. 90.61
APA25002200 GOLDEN STATE BAIT, INC. 22,000.00
APA25002201 GREAT AMERICA FINANCIAL SERVICES 600.30
APA25002202 HELIX ENVIRONMENTAL PLANNING INC. 5,028.75
APA25002203 HEYDAY 11,250.00
APA25002204 INLAND BOBCAT, INC. 212.60
APA25002206 MORTON PEST CONTROL INC 985.00
APA25002207 NAKAE & ASSOCIATES, INC. 3,650.00
APA25002208 NPG, INC. 4,100.00
APA25002209 PRESS-ENTERPRISE, THE 269.70
APA25002210 PUBLIC SAFETY ENTERPRISE COMMUNICATION 761.94 APA25002211 QUINN COMPANY 15.29
APA25002212 RAPID FIRE SAFETY & SECURITY LLC 1,101.56
APA25002213 RP LANDSCAPE & IRRIGATION 73,110.11
APA25002214 SOUTHERN CALIFORNIA EDISON CO. 226.44
APA25002216 TOTAL CLEAN 16,100.01
APA25002217 TRB AND ASSOCIATES, INC. 697.75
APA25002219 VERIZON WIRELESS (#1) 3,354.25
APA25002220 VERIZON WIRELESS (#2) 4,062.05
APA25002222 VULCAN MATERIALS COMPANY 341.16
Attachment 2 1 OF 2
MAY 12, 2025 TO MAY 18, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25002223 WILLSCOT MOBILE MINI 1,319.55
APA25002224 WSP USA ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. 63,121.98 9156 AK SECURITY ALARM LLC 34,990.44
9157 ALVAREZ ENTERPRISE SERVICES 11,180.51
9158 AMAZON BUSINESS 922.51
9159 AMERICAN MATERIAL COMPANY 62.08
9160 CIVICA LAW GROUP, APC 22,784.71
9161 DOWNS ENERGY 5,470.03
9162 GMS ELEVATOR SERVICES, INC. 360.00
9163 LYNN MERRILL AND ASSOCIATES, INC. 9,443.31
9164 MICHAEL BAKER INTERNATIONAL, INC. 18,961.50
9165 MURPHY & EVERTZ LLP 1,286.00
9166 MURPHY & EVERTZ LLP 1,843.00
9167 MURPHY & EVERTZ LLP 1,375.00
9168 MURPHY & EVERTZ LLP 6,446.17
9169 MURPHY & EVERTZ LLP 986.50
9170 MURPHY & EVERTZ LLP 4,541.50
9171 PROSTAFF, LLC 17,587.50
9173 PRUDENTIAL OVERALL SUPPLY 489.62
9174 RIGHTWAY SITE SERVICES, INC. 4,825.10
9175 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 1,382,612.50 9176 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 11,982.31 9177 SECURITAS SECURITY SERVICES USA, INC. 3,241.92
9178 SOUTHERN CALIFORNIA GAS CO. 830.20
9179 SPICER CONSULTING GROUP 52,469.50
9183 TOM DODSON & ASSOCIATES 5,610.00
9185 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
9186 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
9187 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
143687 GUFAROTTI, ADAM (126.03)
143780 EMPLOYMENT DEVELOPMENT DEPARTMENT 1,018.00
143781 GUFAROTTI, ADAM 126.03
143782 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 2,000.00 143783 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 5,000.00 143784 PETTY CASH - CITY OF LAKE ELSINORE 959.58
GRAND TOTAL 3,389,048.73 $
Attachment 2 2 OF 2
7)
CC Warrant Report Dated May 19, 2025 to May 25, 2025
Receive and file.

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:June 10, 2025
Subject:CC Warrant Report Dated May 19, 2025 to May 25, 2025 Recommendation
Receive and file.

Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.

Attachments
Attachment 1 – City Warrant Summary
Attachment 2 – City Warrant List
Administrative Services
MAY 19, 2025 TO MAY 25, 2025 CITY OF LAKE ELSINORECITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL 1,922,447.92 $
103 THE ANCHOR 59,515.74
110 GAS TAX 289.04
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 15,556.41 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 3,921.72 180 LAUNCH POINTE 103,788.07
205 TRAFFIC IMPACT FEE 5,322.00
300 INSURANCE SERVICE (12,028.41)
305 INFORMATION SYSTEMS SERVICE 57,247.40
310 SUPPORT SERVICE 1,746.31
315 FLEET SERVICE 22,761.94
320 FACILITIES SERVICE 9,337.91
500 CAPITAL IMPROVEMENT PLAN 608,351.21
620 COST RECOVERY TRUST DEPOSITS 20,493.00
GRAND TOTAL 2,818,750.26 $
Attachment 1 1 of 1
MAY 19, 2025 TO MAY 25, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25002225 ADVANCED HEATING AND AIR CONDITIONING 588.00$ APA25002226 ALBERT WEBB & ASSOCIATES 36,241.50
APA25002227 ALLEGRA MARKETING PRINT MAIL 1,203.86
APA25002228 ALTA CALIFORNIA GEOTECHNICAL, INC. 14,767.10 APA25002229 AT&T 175.00
APA25002230 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 1,414.00 APA25002231 AZTECA CLEANING SERVICES LLC 9,304.58
APA25002232 BANNER BANK 5,616.94
APA25002233 BERRYDUNN 14,333.00
APA25002234 BLAIS & ASSOCIATES, INC. 6,911.25
APA25002235 CALIFORNIA, DEPARTMENT OF JUSTICE 64.00
APA25002236 CED LAGUNA 70,974.96
APA25002237 CERO BINS LLC 510.00
APA25002238 CHARLES ABBOTT ASSOCIATES, INC. 9,337.08
APA25002239 CONCENTRA 1,121.00
APA25002240 COTTER CONSTRUCTION, INC. 22,100.00
APA25002241 CR&R, INC. 388.00
APA25002242 CREATIVE INDUSTRIES MEDIA GROUP 5,170.78
APA25002243 CRIME SCENE STERI-CLEAN, LLC 1,500.00
APA25002244 DAVID TURCH & ASSOCIATES 3,500.00
APA25002245 DUSTIN THOMPSON PHOTOGRAPHY 1,500.00
APA25002246 ELLIOT DRILLING SERVICES, INC 20,542.24
APA25002247 FEHR & PEERS 2,705.00
APA25002248 FERGUSON 140.19
APA25002249 FORENSIC NURSES OF SOCAL, INC. 2,600.00
APA25002250 FREEDOM FOREVER 263.75
APA25002251 FRONTIER CALIFORNIA - INTERNET 295.35
APA25002252 FRONTIER CALIFORNIA, INC. 79.11
APA25002253 GREAT AMERICA FINANCIAL SERVICES 1,746.31
APA25002254 HAZZARD BACKFLOW, INC. 12,400.00
APA25002255 HEMET FENCE CORP 129.30
APA25002256 HEYDAY 2,750.00
APA25002257 INTERSTATE STRIPING, INC. 61,372.19
APA25002258 JD PROMOTIONS 1,031.85
APA25002259 KUSTOM SIGNALS, INC 370.62
APA25002260 LANCET CONTRACTING, INC 106,400.00
APA25002261 LAND IQ, LLC 3,025.90
APA25002262 LIUNA LOCAL 777 720.00
APA25002263 LSA ASSOCIATES, INC. 15,790.00
APA25002264 MILLER, THEODORE 210.50
APA25002265 MORTON PEST CONTROL INC 730.00
Attachment 2 1 OF 3
MAY 19, 2025 TO MAY 25, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25002266 O'REILLY AUTO STORES INC/FIRST CALL 1,001.84 APA25002267 PUBLIC SAFETY ENTERPRISE COMMUNICATION 1,269.90 APA25002268 ROGUE ELECTRIC 4,153.40
APA25002269 RSG, INC. 1,355.00
APA25002270 SAFETY-KLEEN SYSTEMS, INC. 128.40
APA25002271 SAN DIEGO ICE COMPANY, INC. 243.52
APA25002272 SHRED-IT USA, LLC 84.00
APA25002273 SOUTHERN CALIFORNIA EDISON CO. 185.18
APA25002274 STAUFFER LAWN EQUIPMENT 2,258.67
APA25002275 STEWART TITLE OF CALIFORNIA 550.00
APA25002276 TALIMAR SYSTEMS, INC 2,500.00
APA25002277 TARGET SPECIALTY PRODUCTS 9,032.62
APA25002278 THE SALVATION ARMY 5,000.00
APA25002279 T-MOBILE USA, INC. 115.00
APA25002280 TOTAL CLEAN 3,462.50
APA25002281 TRITON TECHNOLOGY SOLUTIONS, INC 80,094.38
APA25002282 ULTIMATE SIGNS & GRAPHICS 430.65
APA25002283 VALLE, BLANCA 500.00
APA25002284 VERIZON WIRELESS (#13) 27.90
APA25002285 VICTORY BEE REMOVAL 750.00
APA25002286 VULCAN MATERIALS COMPANY 289.04
APA25002287 WILLDAN 1,290.00
9188 AK SECURITY ALARM LLC 30,214.70
9189 AMAZON BUSINESS 2,752.84
9190 AMERICAN MATERIAL COMPANY 1,332.08
9191 BUREAU VERITAS NORTH AMERICA, INC. 12,219.50
9192 CM WASH EQUIPMENT 5,236.51
9193 DOWNS ENERGY 97.30
9194 ENDRESEN DEVELOPMENT, INC. 9,853.16
9195 ENDRESEN DEVELOPMENT, INC. 18,791.58
9196 ENDRESEN DEVELOPMENT, INC. 13,753.45
9197 ENDRESEN DEVELOPMENT, INC. 9,720.66
9198 ENDRESEN DEVELOPMENT, INC. 10,103.16
9199 ENDRESEN DEVELOPMENT, INC. 80,880.00
9200 ENGINEERING RESOURCES OF SO CA 20,415.35
9201 ENGINEERING RESOURCES OF SO CA 13,200.00
9202 HDR ENGINEERING, INC. 36,148.23
9203 LAKE ELSINORE TIRE & AUTO, INC. 245.00
9204 PALMS PARK LLC 4,000.00
9205 PRUDENTIAL OVERALL SUPPLY 473.89
9206 RIVERSIDE COUNTY FIRE DEPARTMENT 1,214,571.38
9207 SECURITAS SECURITY SERVICES USA, INC. 3,013.76
Attachment 2 2 OF 3
MAY 19, 2025 TO MAY 25, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
9208 SERVICE FIRST 6,837.60
9209 SOCIAL WORK ACTION GROUP 57,968.74
9210 TOM DODSON & ASSOCIATES 4,710.00
9211 WEST COAST ARBORISTS, INC. 9,993.00
9212 WKE, INC. 2,893.56
143786 CALIFORNIA JPIA 10.00
143787 CALIFORNIA JPIA 25.00
143788 CRISTIAN D. VALENCIA 259.36
143789 EVMWD 33,730.33
143792 FRONTIER CALIFORNIA, INC. 2,500.00
143793 HANCOCK, ALEJANDRA 290.07
143794 KERR, CHRISTIAN 150.00
143795 SOUTHERN CALIFORNIA EDISON - SCE INSTALL 3,325.47 DFT250671 STATE DISBURSEMENT UNIT 134.30
DFT250672 PAYCHEX OF NEW YORK, LLC 550.00
DFT250673 MISSION SQUARE RETIREMENT 569.20
DFT250674 TASC 12,910.96
DFT250675 MISSION SQUARE RETIREMENT 21,337.24
DFT250676 STATE DISBURSEMENT UNIT 392.30
DFT250677 INTERNAL REVENUE SERVICE 198.50
DFT250678 FRANCHISE TAX BOARD 1,268.10
DFT250679 PAYCHEX OF NEW YORK, LLC 1,906.70
DFT250680 NATIONWIDE TRUST COMPANY, FSB 2,378.77
DFT250681 LEGAL SHIELD 108.65
DFT250683 FRANCHISE TAX BOARD 27,835.26
DFT250684 INTERNAL REVENUE SERVICE 133,972.27
DFT250685 CALPERS 78,836.86
DFT250686 CALPERS 249.92
DFT250691 COMMONWEALTH LAND TITLE COMPANY 15,870.00
DFT250692 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE 132.42 PR05222025 NET PAYROLL 355,637.77
GRAND TOTAL 2,818,750.26 $
Attachment 2 3 OF 3
8)
Resolution of Consideration of Change Proceedings for Community Facilities District No. 2021-1 of the City of Lake Elsinore (Tuscany Valley/Crest) Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-1 OF THE CITY OF LAKE ELSINORE (TUSCANY VALLEY/CREST),

DECLARING ITS INTENTION TO CONSIDER AMENDMENTS TO THE RATE AND

METHOD OF APPORTIONMENT OF SPECIAL TAX FOR EACH OF IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 OF THE DISTRICT AND INCREASING

THE AUTHORIZED BONDED INDEBTEDNESS FOR EACH OF IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 OF THE DISTRICT.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:June 10, 2025
Subject:Resolution of Consideration of Change Proceedings for Community Facilities District No. 2021-1 of the City of Lake Elsinore (Tuscany Valley/Crest)
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-1 OF THE CITY OF LAKE ELSINORE (TUSCANY VALLEY/CREST), DECLARING ITS

INTENTION TO CONSIDER AMENDMENTS TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR EACH OF IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 OF THE DISTRICT AND INCREASING THE AUTHORIZED BONDED INDEBTEDNESS FOR EACH OF IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 OF THE DISTRICT.

Background
The City of Lake Elsinore (the “City”) formed the Community Facilities District No. 2021-1 of the City of Lake Elsinore (Tuscany Valley/Crest) (the “District”). It designated two improvement areas therein (each an “Improvement Area” and together the “Improvement Areas”) according to the Mello-Roos Community Facilities District Act of 1982. The District is situated to the south of Highway 74, at the intersection of Greenwald Avenue and Little Valley Road, in the northeastern part of the City. KB HOME Cal Management Services LLC, a Delaware limited liability company, is the landowner within the District (the “Developer”). Build-out development within Improvement Area No. 1 and Improvement Area No. 2 is expected to include 204 and 131 homes, respectively, for a total of 335 homes within the District.

CFD 2021-1 Change Proceedings Resolution

Page 2 of 2 ends

Homebuilding within the District has not yet commenced. Based on updated expected product types and estimated home pricing to be developed in the District, the Developer has requested that the District undertake proceedings to amend the Rate and Method of Apportionment of Special Taxes for each Improvement Area with each Second Amended and Restated Rate and Method of Apportionment attached to the Resolution of Consideration presented at this meeting (each a “Second Amended RMA”).

The current annual Special Tax rates for a single-family home within Improvement Area No. 1 range from $2,936 to $3,441. If the current rate and method of apportionment of special tax for Improvement Area No. 1 is approved, the rates will range from $3,457 to $4,719.

The current annual Special Tax rates for a single-family home within Improvement Area No. 2 range from $3,036 to $3,511. If the current rate and method of apportionment of special tax for Improvement Area No. 2 is approved, the rates will range from $3,619 to $4,882.

The current authorized indebtedness for Improvement Area No. 1 is $14,000,000. If the amended authorized indebtedness for Improvement Area No. 1 is approved, it will be $16,000,000.

The current authorized indebtedness for Improvement Area No. 2 is $10,000,000. If the amended authorized indebtedness for Improvement Area No. 2 is approved, the authorized indebtedness for Improvement Area No. 2 will be $12,000,000.

Discussion
Approval of the attached resolution is the first step in the process to effectuate the changes discussed above. The attached resolution declares the District’s intention to consider the proposed changes and calls for a public hearing on the proposed changes.

Fiscal Impact
The Developer has made a deposit to pay for the costs of the change proceedings. The Developer will be reimbursed for such costs if and when bonds are issued for the District.

The District will annually levy special taxes on all taxable property within each Improvement Area of the District, as per the applicable Second Amended RMA, to cover the costs of facilities, debt service on bonds for the respective Improvement Area, and the administration of the District. Any bonds issued by the District for each Improvement Area are not obligations of the City and will be secured solely by the Special Taxes levied in the applicable Improvement Area.

Attachments
Attachment 1 - Resolution of Consideration
Attachment 2 - Landowner Petition
Administrative Services
RESOLUTION NO. 2025-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-1 OF THE CITY OF LAKE ELSINORE (TUSCANY VALLEY/CREST), DECLARING ITS INTENTION TO CONSIDER

AMENDMENTS TO THE RATE AND METHOD OF APPORTIONMENT OF
SPECIAL TAX FOR EACH OF IMPROVEMENT AREA NO. 1 AND
IMPROVEMENT AREA NO. 2 OF THE DISTRICT AND INCREASING THE

AUTHORIZED BONDED INDEBTEDNESS FOR EACH OF IMPROVEMENT
AREA NO. 1 AND IMPROVEMENT AREA NO. 2 OF THE DISTRICT
Whereas, on March 23, 2021, the City Council of the City of Lake Elsinore (the “City Council”) adopted Resolution No. 2021-25 (the “Resolution of Intention”) stating its intention to form Community Facilities District No. 2021-1 of the City of Lake Elsinore (Tuscany Valley/Crest) (“Community Facilities District No. 2021-1” or the “District”) and designate Improvement Area No. 1 (“Improvement Area No. 1”) and Improvement Area No. 2 (“Improvement Area No. 2” and together with Improvement Area No. 1, the “Improvement Areas”) therein pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and
Whereas, on March 23, 2021, the City Council also adopted Resolution No. 2021-26 stating its intention to incur bonded indebtedness within Improvement Area No. 1 in the amount not to exceed $14,000,000 and within Improvement Area No. 2 in the amount not to exceed $10,000,000 to finance the facilities and improvements identified in Resolution No. 2021-53 (collectively, the “Improvements”); and the incidental expenses to be incurred in financing the Improvements and forming and administering the District (the “Incidental Expenses”); and Whereas, a notice calling a public hearing on April 27, 2021, was published as required by law relative to the intention of the City Council to establish Community Facilities District No. 2021-1 and to incur bonded indebtedness within Community Facilities District No. 2021-1 for the Improvement Areas; and
Whereas, on April 27, 2021, the City Council conducted a noticed public hearing to determine whether it should proceed with the establishment of Community Facilities District No. 2021-1, issue bonds for the benefit of Community Facilities District No. 2021-1 to pay for the Improvements and Incidental Expenses and authorize the rate and method of apportionment of the special taxes for Improvement Area No. 1 in the form attached as Attachment C to the Resolution of Intention (the “Improvement Area No. 1 Rate and Method”) and the rate and method of apportionment of the special taxes for Improvement Area No. 2 in the form attached as Attachment D to the Resolution of Intention (the “Improvement Area No. 2 Rate and Method”) to be levied within Improvement Area No. 1 and Improvement Area No. 2, respectively, for the purposes described in the Resolution of Formation (defined below); and Whereas, at the April 27, 2021, public hearing all persons desiring to be heard on all matters pertaining to the establishment of Community Facilities District No. 2021-1, the levy of the special taxes in accordance with the Improvement Area No. 1 Rate and Method and the CC Reso. No. 2025-

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3 8
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3 Improvement Area No. 2 Rate and Method and the issuance of bonds within Community Facilities District No. 2021-1 for Improvement Area No. 1 and Improvement Area No. 2 to pay for the cost of the proposed Improvements and Incidental Expenses were heard and a full and fair hearing was held; and
Whereas, after the public hearing, on April 27, 2021, the City Council adopted Resolution Nos. 2021-53 (the “Resolution of Formation”) and 2021-54 which formed the District, designated Improvement Area No. 1 and Improvement Area No. 2 therein and called a special election on April 27, 2021, within each of Improvement Area No. 1 and Improvement Area No. 2 on propositions relating to the levying of the special taxes, the incurring of bonded indebtedness and the establishment of an appropriations limit for the District, which were approved by more than two-thirds vote by the qualified electors on April 27, 2021; and Whereas, pursuant to Resolution No. 2021-55, adopted on April 27, 2021, the City Council, acting as the legislative body of Community Facilities District No. 2021-1, declared the results of the special elections and directed the recording of notices of special tax liens within Improvement Area No. 1 and Improvement Area No. 2 of Community Facilities District No. 2021-1; and
Whereas, on December 14, 2021, the City Council, acting as the legislative body of Community Facilities District No. 2021-1, adopted Resolution No. 2021-130, stating its intention to consider the approval of an Amended and Restated Rate and Method of Apportionment for each of Improvement Area No. 1 and Improvement Area No. 2 (the “Amended and Restated Rate and Methods”); and
Whereas, a notice calling a public hearing on January 25, 2022, was published as required by law relative to the intention of the City Council to consider the approval of the Amended and Restated Rate and Methods; and
Whereas, on January 25, 2022, this Council conducted a noticed public hearing to determine whether it should proceed with the approval of the Amended and Restated Rate and Methods; and
Whereas, at the January 25, 2022, public hearing all persons desiring to be heard on all matters pertaining to the approval of the Amended and Restated Rate and Methods were heard and a full and fair hearing was held; and
Whereas, after the public hearing, on January 25, 2022 the City Council adopted Resolution No. 2022-9 which approved the Amended and Restated Rate and Method and called a special election on January 25, 2022, within each of Improvement Area No. 1 and Improvement Area No. 2 on a proposition relating to the approval of the Amended and Restated Rate and Method, which was approved by more than two-thirds vote by the qualified electors on January 25, 2022; and
Whereas, pursuant to Resolution No. 2022-10, adopted on January 25, 2022, the City Council, acting as the legislative body of Community Facilities District No. 2021-1, declared the results of the special elections and directed the recording of notices of special tax liens within Improvement Area No. 1 and Improvement Area No. 2 of Community Facilities District No. 2021-1; and
CC Reso. No. 2025-

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3 Whereas, the District has received a petition signed by KB HOME Cal Management Services LLC, a Delaware limited liability company (the “Owner”), which owns all of the land within Community Facilities District No. 2021-1, the boundaries of which are described herein in Attachment “A,” which petition meets the requirements of Section 53332 of the Act, requesting that the District initiate proceedings to approve the new rate and method of apportionment for Improvement Area No. 1, attached hereto as Attachment “B” (the “Second Amended and Restated Improvement Area No. 1 Rate and Method”) and the new rate and method of apportionment for Improvement Area No. 2, attached hereto as Attachment “C” (the “Second Amended and Restated Improvement Area No. 2 Rate and Method”); and Whereas, the City Council previously approved the form of a Joint Community Facilities Agreement (the “JCFA”) to be entered into by the District, the Owner and the Elsinore Valley Municipal Water District (the “Water District”) relating to certain facilities proposed to be financed by the District and owned and operated by the Water District, and the City Council, acting as the legislative body of the District, desires to authorize certain revisions to the JCFA, which revisions are included in the form of JCFA on file with the City Clerk;

NOW, THEREFORE, THE CITY COUNCIL, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-1 OF THE CITY OF LAKE ELSINORE (TUSCANY VALLEY/CREST), DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:

Section 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District.

Section 2. The City Council, acting as the legislative body of the District, declares its intention to conduct proceedings pursuant to the Act to consider (i) amending and restating the Amended and Restated Improvement Area No. 1 Rate and Method with the Second Amended and Restated Improvement Area No. 1 Rate and Method and amending and restating the Amended and Restated Improvement Area No. 2 Rate and Method with the Second Amended and Restated Improvement Area No. 2 Rate and Method and (ii) amending the authorized indebtedness for Improvement Area No. 1 from $14,000,000 to $16,000,000 and amending the authorized indebtedness for Improvement Area No. 2 from $10,000,000 to $12,000,000.

Section 3. The Improvements proposed to be provided within the District are public facilities as defined in the Act. The Improvements and Incidental Expenses authorized to be financed by the District are described in the Resolution of Formation. The City and the Water District, with respect to certain water and sewer facilities, are authorized by law to construct, acquire, own and operate the Improvements for the benefit of the District.

Section 4. A public hearing (the “Hearing”) on the levy of special taxes in Improvement Area No. 1 in accordance with the Second Amended and Restated Improvement Area No. 1 Rate and Method and in Improvement Area No. 2 in accordance with the Second Amended and Restated Improvement Area No. 2 Rate and Method, increasing the authorized bonded indebtedness limit with respect to Improvement Area No. 1 and with respect to Improvement Area No. 2, shall be held at 7:00 p.m., or as soon thereafter as practicable, on July 8, 2025, at the City Cultural Center, 183 North Main Street, Lake Elsinore, California. Should the City Council determine to submit the proposed Second Amended and Restated Improvement Area No. 1 Rate and Method to the qualified electors of Improvement Area No. 1, a special election will be held within Improvement Area No. 1 to authorize the Second Amended and Restated Improvement Area No. 1 Rate and Method and to authorize increasing the authorized CC Reso. No. 2025-

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3 indebtedness for Improvement Area No. 1 from $14,000,000 to $16,000,000 in accordance with the procedures contained in Government Code Section 53326. If such election is held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within Improvement Area No. 1 at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within Improvement Area No. 1.

Should the City Council determine to submit the proposed Second Amended and Restated Improvement Area No. 2 Rate and Method to the qualified electors of Improvement Area No. 2, a special election will be held within Improvement Area No. 2 to authorize the Second Amended and Restated Improvement Area No. 2 Rate and Method and to authorize increasing the authorized indebtedness for Improvement Area No. 2 from $10,000,000 to $12,000,000 in accordance with the procedures contained in Government Code Section 53326. If such election is held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within Improvement Area No. 2 at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within Improvement Area No. 2.

Ballots for each special election may be distributed by mail or by personal service.

Section 5. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the District, may appear and be heard.

Section 6. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area within Community Facilities District No. 2021-1. The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of Community Facilities District No. 2021-1 at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the District and a description of the proposed voting procedure for the elections required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.

Section 7. Effective Date. This Resolution shall take effect immediately upon its adoption.

Section 8. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 10th day of June 2025.
_____________________________
Brian Tisdale
Mayor
CC Reso. No. 2025-

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3 Attest:
_____________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2025-______ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of June 10, 2025 and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Candice Alvarez, MMC
City Clerk
A-1
4880-7873-3828v5/022042-0035
ATTACHMENT “A”

DESCRIPTION OF PROPERTY WITHIN THE DISTRICT
Real property in the City of Lake Elsinore, County of Riverside, State of California, described as follows:

Improvement Area No. 1
349-240-006
349-380-024
349-380-025
349-240-043
349-240-044
349-240-045
349-240-046
349-240-047
349-240-054
349-240-055
349-240-056
Improvement Area No. 2
349-240-034
349-240-038
349-240-072
349-240-075
B-1
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ATTACHMENT “B”

PROPOSED SECOND AMENDED AND RESTATED

RATE AND METHOD OF APPORTIONMENT OF
COMMUNITY FACILITIES DISTRICT NO. 2021-1

OF THE CITY OF LAKE ELSINORE (TUSCANY VALLEY/CREST)
IMPROVEMENT AREA NO. 1
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of the City of Lake Elsinore Community Facilities District No. 2021-1 (Tuscany Valley/Crest) ("CFD No. 2021-1 IA 1"). The amount of Special Tax to be levied in each Fiscal Year on an Assessor’s Parcel shall be determined by the City Council of the City of Lake Elsinore, acting in its capacity as the legislative body of CFD No. 2021-1 IA 1, by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2021-1 IA 1: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2021-1 IA 1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2021-1 IA 1 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2021-1 IA 1 or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2021-1 IA 1 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2021-1 IA 1 for any other administrative purposes of CFD No. 2021-1 IA 1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being B-2
4880-7873-3828v5/022042-0035
levied, (ii) and has an assigned Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times maximum annual debt service on all outstanding CFD No. 2021-1 IA 1 Bonds plus the estimated annual Administrative Expenses.
"Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes. "CFD” or “CFD No. 2021-1 IA 1" means Improvement Area No. 1 of CFD No. 2021-1 as identified on the boundary map for CFD No. 2021-1.
“CFD No. 2021-1" means Community Facilities District No. 2021-1 (Tuscany Valley/Crest) established by the City under the Act.
"CFD No. 2021-1 IA 1 Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long- term contracts, or any refunding thereof, to which Special Tax of CFD No. 2021-1 IA 1 have been pledged.

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4880-7873-3828v5/022042-0035
“City” means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD No. 2021-1 IA 1.
“Condominium Plan" means a condominium plan as set forth in the California Civil Code, Section 6624. "County" means the County of Riverside.
"Developed Property" means all Assessor’s Parcels that: (i) are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) has an Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1st of any year and ending the following June 30th. “Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.
“Land Use Category” means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2021-1 IA 1 in any Fiscal Year on such Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator. "Non-Residential Property" or “NR” means all Assessor's Parcels for which a building permit(s) was issued or will be issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2. "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.

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4880-7873-3828v5/022042-0035
“Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property, or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property, or Provisional Undeveloped Property, as applicable.
"Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Sections F. "Rate and Method of Apportionment" means this Second Amended and Restated Rate and Method of Apportionment of Special Tax for CFD No. 2021-1 IA 1.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. “Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property.
"Special Tax" means any of the special taxes authorized to be levied within CFD No. 2021-1 IA 1 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding CFD No. 2021-1 IA 1 Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to replenish any reserve funds established in association with the CFD No. 2021-1 IA 1 Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax delinquencies, and (vi) for the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2021-1 IA 1 or the payment of debt service on CFD No. 2021-1 IA 1 Bonds anticipated to be issued, provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Steps Two or Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the CFD No. 2021-1 IA 1 Bonds pursuant to the Indenture. "Taxable Property" means all Assessor’s Parcels within CFD No. 2021-1 IA 1, which are not Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.

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“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property.

B. SPECIAL TAX
Commencing Fiscal Year 2025-2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to fund the Special Tax Requirement.

C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2025-2026, each Assessor’s Parcel within CFD No. 2021-1 IA 1 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property.

Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non- Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as Single Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single Family Residential Property shall be further categorized into Land Use Categories based on its Building Square Footage and assigned to its appropriate Assigned Special Tax rate.

In the event that an Assessor’s Parcel for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the Residential Unit(s) (in accordance with the Final Map or Condominium Plan) on such Assessor’s Parcel, the amount of the Special Tax levy on such Assessor’s Parcel for each Fiscal Year shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Tax levy for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and shall be taxed as Developed Property in accordance with Step 1 of Section E below; and (3) the amount of the Special Tax levy on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on all other Undeveloped Property multiplied by the total of the amount determined in clause (1), less the amount determined in clause (2).

D. MAXIMUM SPECIAL TAX

1. Developed Property
The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax.

The Maximum Special Tax for each Assessor’s Parcel of Non-Residential or Multifamily Residential Property shall be the applicable Assigned Special Tax described in Table 1 of Section D. a. Assigned Special Tax
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Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non-Residential shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property shall be determined pursuant to Table 1 below.

TABLE 1

ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax Per
Taxable Unit

1. Single Family Residential Property RU Less than 1,600 sq. ft $3,457

2. Single Family Residential Property RU 1,600 sq. ft to 1,750 sq. ft $3,563

3. Single Family Residential Property RU 1,751 sq. ft to 1,900 sq. ft $3,748

4. Single Family Residential Property RU 1,901 sq. ft to 2,050 sq. ft $3,913

5. Single Family Residential Property RU 2,051 sq. ft to 2,200 sq. ft $3,966

6. Single Family Residential Property RU 2,201 sq. ft to 2,350 sq. ft $4,020

7. Single Family Residential Property RU 2,351 sq. ft to 2,500 sq. ft $4,204

8. Single Family Residential Property RU 2,501 sq. ft to 2,650 sq. ft $4,302

9. Single Family Residential Property RU 2,651 sq. ft to 2,800 sq. ft $4,438

10. Single Family Residential Property RU 2,801 sq. ft to 2,950 sq. ft $4,574

11. Single Family Residential Property RU Greater than 2,950 sq. ft $4,719

12. Multifamily Property Acre N/A $31,949

13. Non-Residential Property Acre N/A $31,949
On each July 1, commencing July 1, 2026, the Assigned Special Tax rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. b. Multiple Land Use Categories
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
c. Backup Special Tax
The Backup Special Tax for an Assessor’s Parcel within a Final Map classified or to be classified as Single Family Property shall calculated according to the following formula.

B = (U x A) / L
The terms above have the following meanings:

B = Backup Special Tax per per Assessor’s Parcel within the Final Map U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below A = Acreage of Single Family Residential Property expected to exist in such Final Map at the time of calculation, as determined by the Administrator
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L = Number of Residential Units expected to exist in such Final Map at the time of calculation, as determined by the Administrator.

In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be $31,949 per Acre.

In the event any superseding Final Map is recorded as a Final Map within the Boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be $31,949 per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property, or Non-Residential Property.

On each July 1, commencing July 1, 2026, the Backup Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

2. Approved Property
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.

The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property shall be $31,949 per Acre.

On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Approved Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

3. Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property pursuant to the provisions of Section F
The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property shall be equal to the product of $31,949 multiplied by the Acreage of such Assessor’s Parcel.

On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Undeveloped and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2025-2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:

Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement.

Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

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Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax levy on each Assessor's Parcel of Developed Property for which the Maximum Special Tax is the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.

Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

F. EXEMPTIONS
The City shall classify as Exempt Property, in the following order of priority, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than

28.95 Acres.

Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 28.95 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 28.95 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.

G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:

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“CFD Public Facilities” means $13,500,000 expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2021-1 IA 1, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment.
“Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible to be financed by CFD No. 2021-1 IA 1.
“Construction Inflation Index” means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment.
“Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding CFD No. 2021-1 IA 1 Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.

1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued and (iv) Assessor’s Parcels of Public Property or Property Owner’s Association Property, or Provisional Undeveloped Property that are not Exempt Property pursuant to Section F. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel.

Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined B-10
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below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.

2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property, Property Owner’s Association Property, or Provisional Undeveloped Property to be prepaid compute the Maximum Special Tax for the Assessor’s Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid.

4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”).

8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid.

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10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

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Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula:

PP = ((PE – A) x F) + A
These terms have the following meaning:

PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any.

Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non- refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.

With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Assessor’s Parcel and that a portion of the Maximum Special Tax obligation equal to the remaining percentage (1.00 - F) of the Maximum Special Tax obligation will continue to be levied on the Assessor’s Parcel pursuant to Section E.

H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2069-2070 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2021-1 IA 1 Bonds have been paid; (ii) all authorized facilities of CFD No. 2021-1 IA 1 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2021-1 IA 1 have been satisfied.

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I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2021-1 IA 1 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.

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ATTACHMENT “C”

PROPOSED SECOND AMENDED AND RESTATED

RATE AND METHOD OF APPORTIONMENT OF
COMMUNITY FACILITIES DISTRICT NO. 2021-1

OF THE CITY OF LAKE ELSINORE (TUSCANY VALLEY/CREST)
IMPROVEMENT AREA NO. 2
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of the City of Lake Elsinore Community Facilities District No. 2021-1 (Tuscany Valley/Crest) ("CFD No. 2021-1 IA 2"). The amount of Special Tax to be levied in each Fiscal Year on an Assessor’s Parcel shall be determined by the City Council of the City of Lake Elsinore, acting in its capacity as the legislative body of CFD No. 2021-1 IA 2, by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.

B. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2021-1 IA 2: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2021-1 IA 2 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2021-1 IA 2 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2021-1 IA 2 or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2021-1 IA 2 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2021-1 IA 2 for any other administrative purposes of CFD No. 2021-1 IA 2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being C-2
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levied, (ii) and has an assigned Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times maximum annual debt service on all outstanding CFD No. 2021-1 IA 2 Bonds plus the estimated annual Administrative Expenses.
"Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes. "CFD” or “CFD No. 2021-1 IA 2" means Improvement Area No. 2 of CFD No. 2021-1 as identified on the boundary map for CFD No. 2021-1.
“CFD No. 2021-1" means Community Facilities District No. 2021-1 (Tuscany Valley/Crest) established by the City under the Act.
"CFD No. 2021-1 IA 2 Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long- term contracts, or any refunding thereof, to which Special Tax of CFD No. 2021-1 IA 2 have been pledged.

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“City” means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD No. 2021-1 IA 2.
“Condominium Plan" means a condominium plan as set forth in the California Civil Code, Section 6624. "County" means the County of Riverside.
"Developed Property" means all Assessor’s Parcels that: (i) are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) has an Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1st of any year and ending the following June 30th. “Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.
“Land Use Category” means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2021-1 IA 2 in any Fiscal Year on such Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator. "Non-Residential Property" or “NR” means all Assessor's Parcels for which a building permit(s) was issued or will be issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2.

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"Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.
“Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property, or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property, or Provisional Undeveloped Property, as applicable.
"Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Sections F. "Rate and Method of Apportionment" means this Second Amended and Restated Rate and Method of Apportionment of Special Tax for CFD No. 2021-1 IA 2.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. “Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property.
"Special Tax" means any of the special taxes authorized to be levied within CFD No. 2021-1 IA 2 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding CFD No. 2021-1 IA 2 Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to replenish any reserve funds established in association with the CFD No. 2021-1 IA 2 Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax delinquencies, and (vi) for the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2021-1 IA 2 or the payment of debt services on CFD No. 2021-1 IA 2 Bonds anticipated to be issued, provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Steps Two or Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the CFD No. 2021-1 IA 2 Bonds pursuant to the Indenture. "Taxable Property" means all Assessor’s Parcels within CFD No. 2021-1 IA 2, which are not Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.

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“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property.

B. SPECIAL TAX
Commencing Fiscal Year 2025-2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to fund the Special Tax Requirement.

C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2025-2026, each Assessor’s Parcel within CFD No. 2021-1 IA 2 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property.

Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non- Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as Single Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single Family Residential Property shall be further categorized into Land Use Categories based on its Building Square Footage and assigned to its appropriate Assigned Special Tax rate.

In the event that an Assessor’s Parcel for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the Residential Unit(s) (in accordance with the Final Map or Condominium Plan) on such Assessor’s Parcel, the amount of the Special Tax levy on such Assessor’s Parcel for each Fiscal Year shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Tax levy for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and shall be taxed as Developed Property in accordance with Step 1 of Section E below; and (3) the amount of the Special Tax levy on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on all other Undeveloped Property multiplied by the total of the amount determined in clause (1), less the amount determined in clause (2).

D. MAXIMUM SPECIAL TAX

4. Developed Property
The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax.

The Maximum Special Tax for each Assessor’s Parcel of Non-Residential or Multifamily Residential Property shall be the applicable Assigned Special Tax described in Table 1 of Section D. b. Assigned Special Tax
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Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non-Residential shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property shall be determined pursuant to Table 1 below.

TABLE 1

ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax Per
Taxable Unit

2. Single Family Residential Property RU Less than 1,600 sq. ft $3,619

2. Single Family Residential Property RU 1,600 sq. ft to 1,750 sq. ft $3,726

3. Single Family Residential Property RU 1,751 sq. ft to 1,900 sq. ft $3,911

4. Single Family Residential Property RU 1,901 sq. ft to 2,050 sq. ft $4,076

5. Single Family Residential Property RU 2,051 sq. ft to 2,200 sq. ft $4,130

6. Single Family Residential Property RU 2,201 sq. ft to 2,350 sq. ft $4,183

7. Single Family Residential Property RU 2,351 sq. ft to 2,500 sq. ft $4,368

8. Single Family Residential Property RU 2,501 sq. ft to 2,650 sq. ft $4,465

9. Single Family Residential Property RU 2,651 sq. ft to 2,800 sq. ft $4,601

10. Single Family Residential Property RU 2,801 sq. ft to 2,950 sq. ft $4,737

11. Single Family Residential Property RU Greater than 2,950 sq. ft $4,882

12. Multifamily Property Acre N/A $31,711

13. Non-Residential Property Acre N/A $31,711
On each July 1, commencing July 1, 2026, the Assigned Special Tax rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. b. Multiple Land Use Categories
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
c. Backup Special Tax
The Backup Special Tax for an Assessor’s Parcel within a Final Map classified or to be classified as Single Family Property shall calculated according to the following formula.

B = (U x A) / L
The terms above have the following meanings:

B = Backup Special Tax per per Assessor’s Parcel within the Final Map U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below A = Acreage of Single Family Residential Property expected to exist in such Final Map at the time of calculation, as determined by the Administrator
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L = Number of Residential Units expected to exist in such Final Map at the time of calculation, as determined by the Administrator.

In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be $31,711 per Acre.

In the event any superseding Final Map is recorded as a Final Map within the Boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be $31,711 per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property, or Non-Residential Property.

On each July 1, commencing July 1, 2026, the Backup Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

5. Approved Property
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.

The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property shall be $31,711 per Acre.

On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Approved Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

6. Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property pursuant to the provisions of Section F
The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property shall be equal to the product of $31,711 multiplied by the Acreage of such Assessor’s Parcel.

On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Undeveloped and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2025-2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:

Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement.

Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

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Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax levy on each Assessor's Parcel of Developed Property for which the Maximum Special Tax is the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.

Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

F. EXEMPTIONS
The City shall classify as Exempt Property, in the following order of priority, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than

19.51 Acres.

Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 19.51 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 19.51 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.

G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:

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“CFD Public Facilities” means $9,000,000 expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2021-1 IA 2, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment.
“Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible to be financed by CFD No. 2021-1 IA 2.
“Construction Inflation Index” means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment.
“Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding CFD No. 2021-1 IA 2 Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.

1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued and (iv) Assessor’s Parcels of Public Property or Property Owner’s Association Property, or Provisional Undeveloped Property that are not Exempt Property pursuant to Section F. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel.

Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined C-10
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below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.

2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property, Property Owner’s Association Property, or Provisional Undeveloped Property to be prepaid compute the Maximum Special Tax for the Assessor’s Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid.

4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”).

8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid.

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10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

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Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula:

PP = ((PE – A) x F) + A
These terms have the following meaning:

PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any.

Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non- refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.

With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Assessor’s Parcel and that a portion of the Maximum Special Tax obligation equal to the remaining percentage (1.00 - F) of the Maximum Special Tax obligation will continue to be levied on the Assessor’s Parcel pursuant to Section E.

H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2069-2070 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2021-1 IA 2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2021-1 IA 2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2021-1 IA 2 have been satisfied.

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I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2021-1 IA 2 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.
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PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE REQUESTING INSTITUTION OF CHANGE
PROCEEDINGS FOR COMMUNITY FACILITIES DISTRICT NO. 2021- 1 OF THE CITY OF LAKE ELSINORE (TUSCANY VALLEY/CREST)

AND TO INCREASE THE AUTHORIZED BONDED INDEBTEDNESS
FOR EACH OF IMPROVEMENT AREA NO. 1 AND IMPROVEMENT
AREA NO. 2 OF THE DISTRICT

1. The undersigned (the “Owner”) is the owner of more than 25% of the land described in Exhibit A hereto as land included within Improvement Area No. 1 (“Improvement Area No. 1”) and more than 25% of the land described in Exhibit A hereto as land included within Improvement Area No. 2 (“Improvement Area No. 2” and together with Improvement Area No. 1, the “Property”), which land is all of the land included within the boundaries of Community Facilities District No. 2021-1 of the City of Lake Elsinore (Tuscany Valley/Crest) (the “District”).

The Property is located within the City of Lake Elsinore (the “City”) in the County of Riverside.

2. The Owner requests, pursuant to Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5, of the Government Code of the State of California, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”), that the City Council of the City (the “City Council”) institute proceedings to approve the new rate and method of apportionment for Improvement Area No. 1, attached hereto as Exhibit B (the “Second Amended and Restated Improvement Area No. 1 Rate and Method”) and the new rate and method of apportionment for Improvement Area No. 2, attached hereto as Exhibit C (the “Second Amended and Restated Improvement Area No. 2 Rate and Method”).

3. The Owners further request that the City Council institute proceedings to increase the authorized bonded indebtedness limit within Improvement Area No. 1 of the District from $14,000,000 to $16,000,000 and increase the authorized bonded indebtedness limit within Improvement Area No. 2 of the District from $10,000,000 to $12,000,000; and

4. The Owner further requests that the City Council authorize the levy of special taxes in accordance with the Second Amended and Restated Improvement Area No. 1 Rate and Method in Improvement Area No. 1 and in accordance with the Second Amended and Restated Improvement Area No. 2 Rate and Method in Improvement Area No. 2 to pay the costs of the improvements and incidental expenses of the District previously authorized in connection with the formation of the District (the “Facilities”) and to pay principal of, interest and premium, if any, on the bonds issued for Improvement Area No. 1 and Improvement Area No. 2, as applicable, in order to contribute to the financing of the Facilities and the incidental expenses.

5. The Owner further requests that, upon the sale of bonds for Improvement Area No. 1, the City Council, as legislative body of the District, annually levy special taxes in accordance with the Second Amended and Restated Improvement Area No. 1 Rate and Method on the property within Improvement Area No. 1 for the construction, acquisition and rehabilitation of the Facilities, for the payment of the aggregate amount of principal of and interest owing on such bonds in each fiscal year, including the maintenance of reserves therefor, and for the payment of administrative expenses of the District.

6. The Owner further requests that, upon the sale of bonds for Improvement Area No. 2, the City Council, as legislative body of the District, annually levy special taxes in accordance with the Second Amended and Restated Improvement Area No. 2 Rate and Method 2 4919-0360-3258v3/022042-0035
on the property within Improvement Area No. 2 for the construction, acquisition and rehabilitation of the Facilities, for the payment of the aggregate amount of principal of and interest owing on such bonds in each fiscal year, including the maintenance of reserves therefor, and for the payment of administrative expenses of the District.

7. The Owner has advanced to the City the amounts necessary to pay for the costs related to the change proceedings for the District, which amounts will be reimbursed, without interest, from the proceeds of the first sale of the bonds, if any. The reimbursement of such amounts is expected to be governed by the terms of that certain Acquisition, Construction and Funding Agreement (the “Acquisition Agreement”) entered into by and between the City and the Owner relating to the District. If bonds are not sold, the City will have no obligation to reimburse amounts expended for costs incurred, but will reimburse any unexpended amounts advanced by the Owner as set forth in the Acquisition Agreement.

Dated: _______, 2025
KB HOME Cal Management Services LLC,
a Delaware limited liability company
By:

Name: Scott Hansen
Title: VP Forward Planning
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EXHIBIT A

LEGAL DESCRIPTION
Real property in the City of Lake Elsinore, County of Riverside, State of California, described as follows:

Improvement Area No. 1
349-240-006
349-380-024
349-380-025
349-240-043
349-240-044
349-240-045
349-240-046
349-240-047
349-240-054
349-240-055
349-240-056
Improvement Area No. 2
349-240-034
349-240-038
349-240-072
349-240-075
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EXHIBIT B

PROPOSED SECOND AMENDED AND RESTATED

RATE AND METHOD OF APPORTIONMENT OF
COMMUNITY FACILITIES DISTRICT NO. 2021-1

OF THE CITY OF LAKE ELSINORE (TUSCANY VALLEY/CREST)
IMPROVEMENT AREA NO. 1
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of the City of Lake Elsinore Community Facilities District No. 2021-1 (Tuscany Valley/Crest) ("CFD No. 2021-1 IA 1"). The amount of Special Tax to be levied in each Fiscal Year on an Assessor’s Parcel shall be determined by the City Council of the City of Lake Elsinore, acting in its capacity as the legislative body of CFD No. 2021-1 IA 1, by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2021-1 IA 1: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2021-1 IA 1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2021-1 IA 1 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2021-1 IA 1 or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2021-1 IA 1 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2021-1 IA 1 for any other administrative purposes of CFD No. 2021-1 IA 1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being B-2
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levied, (ii) and has an assigned Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times maximum annual debt service on all outstanding CFD No. 2021-1 IA 1 Bonds plus the estimated annual Administrative Expenses.
"Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes. "CFD” or “CFD No. 2021-1 IA 1" means Improvement Area No. 1 of CFD No. 2021-1 as identified on the boundary map for CFD No. 2021-1.
“CFD No. 2021-1" means Community Facilities District No. 2021-1 (Tuscany Valley/Crest) established by the City under the Act.
"CFD No. 2021-1 IA 1 Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long- term contracts, or any refunding thereof, to which Special Tax of CFD No. 2021-1 IA 1 have been pledged.

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“City” means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD No. 2021-1 IA 1.
“Condominium Plan" means a condominium plan as set forth in the California Civil Code, Section 6624. "County" means the County of Riverside.
"Developed Property" means all Assessor’s Parcels that: (i) are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) has an Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1st of any year and ending the following June 30th. “Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.
“Land Use Category” means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2021-1 IA 1 in any Fiscal Year on such Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator. "Non-Residential Property" or “NR” means all Assessor's Parcels for which a building permit(s) was issued or will be issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2. "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.

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“Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property, or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property, or Provisional Undeveloped Property, as applicable.
"Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Sections F. "Rate and Method of Apportionment" means this Second Amended and Restated Rate and Method of Apportionment of Special Tax for CFD No. 2021-1 IA 1.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. “Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property.
"Special Tax" means any of the special taxes authorized to be levied within CFD No. 2021-1 IA 1 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding CFD No. 2021-1 IA 1 Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to replenish any reserve funds established in association with the CFD No. 2021-1 IA 1 Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax delinquencies, and (vi) for the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2021-1 IA 1 or the payment of debt service on CFD No. 2021-1 IA 1 Bonds anticipated to be issued, provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Steps Two or Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the CFD No. 2021-1 IA 1 Bonds pursuant to the Indenture. "Taxable Property" means all Assessor’s Parcels within CFD No. 2021-1 IA 1, which are not Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.

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“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property.

B. SPECIAL TAX
Commencing Fiscal Year 2025-2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to fund the Special Tax Requirement.

C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2025-2026, each Assessor’s Parcel within CFD No. 2021-1 IA 1 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property.

Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non- Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as Single Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single Family Residential Property shall be further categorized into Land Use Categories based on its Building Square Footage and assigned to its appropriate Assigned Special Tax rate.

In the event that an Assessor’s Parcel for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the Residential Unit(s) (in accordance with the Final Map or Condominium Plan) on such Assessor’s Parcel, the amount of the Special Tax levy on such Assessor’s Parcel for each Fiscal Year shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Tax levy for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and shall be taxed as Developed Property in accordance with Step 1 of Section E below; and (3) the amount of the Special Tax levy on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on all other Undeveloped Property multiplied by the total of the amount determined in clause (1), less the amount determined in clause (2).

D. MAXIMUM SPECIAL TAX

1. Developed Property
The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax.

The Maximum Special Tax for each Assessor’s Parcel of Non-Residential or Multifamily Residential Property shall be the applicable Assigned Special Tax described in Table 1 of Section D. a. Assigned Special Tax
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Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non-Residential shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property shall be determined pursuant to Table 1 below.

TABLE 1

ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax Per
Taxable Unit

1. Single Family Residential Property RU Less than 1,600 sq. ft $3,457

2. Single Family Residential Property RU 1,600 sq. ft to 1,750 sq. ft $3,563

3. Single Family Residential Property RU 1,751 sq. ft to 1,900 sq. ft $3,748

4. Single Family Residential Property RU 1,901 sq. ft to 2,050 sq. ft $3,913

5. Single Family Residential Property RU 2,051 sq. ft to 2,200 sq. ft $3,966

6. Single Family Residential Property RU 2,201 sq. ft to 2,350 sq. ft $4,020

7. Single Family Residential Property RU 2,351 sq. ft to 2,500 sq. ft $4,204

8. Single Family Residential Property RU 2,501 sq. ft to 2,650 sq. ft $4,302

9. Single Family Residential Property RU 2,651 sq. ft to 2,800 sq. ft $4,438

10. Single Family Residential Property RU 2,801 sq. ft to 2,950 sq. ft $4,574

11. Single Family Residential Property RU Greater than 2,950 sq. ft $4,719

12. Multifamily Property Acre N/A $31,949

13. Non-Residential Property Acre N/A $31,949
On each July 1, commencing July 1, 2026, the Assigned Special Tax rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. b. Multiple Land Use Categories
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
c. Backup Special Tax
The Backup Special Tax for an Assessor’s Parcel within a Final Map classified or to be classified as Single Family Property shall calculated according to the following formula.

B = (U x A) / L
The terms above have the following meanings:

B = Backup Special Tax per per Assessor’s Parcel within the Final Map U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below A = Acreage of Single Family Residential Property expected to exist in such Final Map at the time of calculation, as determined by the Administrator
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L = Number of Residential Units expected to exist in such Final Map at the time of calculation, as determined by the Administrator.

In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be $31,949 per Acre.

In the event any superseding Final Map is recorded as a Final Map within the Boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be $31,949 per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property, or Non-Residential Property.

On each July 1, commencing July 1, 2026, the Backup Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

2. Approved Property
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.

The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property shall be $31,949 per Acre.

On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Approved Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

3. Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property pursuant to the provisions of Section F
The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property shall be equal to the product of $31,949 multiplied by the Acreage of such Assessor’s Parcel.

On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Undeveloped and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2025-2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:

Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement.

Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

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Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax levy on each Assessor's Parcel of Developed Property for which the Maximum Special Tax is the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.

Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

F. EXEMPTIONS
The City shall classify as Exempt Property, in the following order of priority, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than

28.95 Acres.

Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 28.95 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 28.95 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.

G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:

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“CFD Public Facilities” means $13,500,000 expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2021-1 IA 1, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment.
“Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible to be financed by CFD No. 2021-1 IA 1.
“Construction Inflation Index” means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment.
“Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding CFD No. 2021-1 IA 1 Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.

1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued and (iv) Assessor’s Parcels of Public Property or Property Owner’s Association Property, or Provisional Undeveloped Property that are not Exempt Property pursuant to Section F. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel.

Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined B-10
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below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.

2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property, Property Owner’s Association Property, or Provisional Undeveloped Property to be prepaid compute the Maximum Special Tax for the Assessor’s Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid.

4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”).

8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid.

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10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

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Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula:

PP = ((PE – A) x F) + A
These terms have the following meaning:

PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any.

Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non- refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.

With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Assessor’s Parcel and that a portion of the Maximum Special Tax obligation equal to the remaining percentage (1.00 - F) of the Maximum Special Tax obligation will continue to be levied on the Assessor’s Parcel pursuant to Section E.

H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2069-2070 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2021-1 IA 1 Bonds have been paid; (ii) all authorized facilities of CFD No. 2021-1 IA 1 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2021-1 IA 1 have been satisfied.

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I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2021-1 IA 1 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.

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EXHIBIT C

PROPOSED SECOND AMENDED AND RESTATED

RATE AND METHOD OF APPORTIONMENT OF
COMMUNITY FACILITIES DISTRICT NO. 2021-1

OF THE CITY OF LAKE ELSINORE (TUSCANY VALLEY/CREST)
IMPROVEMENT AREA NO. 2
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of the City of Lake Elsinore Community Facilities District No. 2021-1 (Tuscany Valley/Crest) ("CFD No. 2021-1 IA 2"). The amount of Special Tax to be levied in each Fiscal Year on an Assessor’s Parcel shall be determined by the City Council of the City of Lake Elsinore, acting in its capacity as the legislative body of CFD No. 2021-1 IA 2, by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.

B. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2021-1 IA 2: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2021-1 IA 2 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2021-1 IA 2 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2021-1 IA 2 or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2021-1 IA 2 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2021-1 IA 2 for any other administrative purposes of CFD No. 2021-1 IA 2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being C-2
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levied, (ii) and has an assigned Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times maximum annual debt service on all outstanding CFD No. 2021-1 IA 2 Bonds plus the estimated annual Administrative Expenses.
"Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes. "CFD” or “CFD No. 2021-1 IA 2" means Improvement Area No. 2 of CFD No. 2021-1 as identified on the boundary map for CFD No. 2021-1.
“CFD No. 2021-1" means Community Facilities District No. 2021-1 (Tuscany Valley/Crest) established by the City under the Act.
"CFD No. 2021-1 IA 2 Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long- term contracts, or any refunding thereof, to which Special Tax of CFD No. 2021-1 IA 2 have been pledged.

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“City” means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD No. 2021-1 IA 2.
“Condominium Plan" means a condominium plan as set forth in the California Civil Code, Section 6624. "County" means the County of Riverside.
"Developed Property" means all Assessor’s Parcels that: (i) are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) has an Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1st of any year and ending the following June 30th. “Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.
“Land Use Category” means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2021-1 IA 2 in any Fiscal Year on such Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator. "Non-Residential Property" or “NR” means all Assessor's Parcels for which a building permit(s) was issued or will be issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2.

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"Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.
“Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property, or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property, or Provisional Undeveloped Property, as applicable.
"Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Sections F. "Rate and Method of Apportionment" means this Second Amended and Restated Rate and Method of Apportionment of Special Tax for CFD No. 2021-1 IA 2.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. “Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property.
"Special Tax" means any of the special taxes authorized to be levied within CFD No. 2021-1 IA 2 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding CFD No. 2021-1 IA 2 Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to replenish any reserve funds established in association with the CFD No. 2021-1 IA 2 Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax delinquencies, and (vi) for the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2021-1 IA 2 or the payment of debt services on CFD No. 2021-1 IA 2 Bonds anticipated to be issued, provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Steps Two or Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the CFD No. 2021-1 IA 2 Bonds pursuant to the Indenture. "Taxable Property" means all Assessor’s Parcels within CFD No. 2021-1 IA 2, which are not Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.

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“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property.

B. SPECIAL TAX
Commencing Fiscal Year 2025-2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to fund the Special Tax Requirement.

C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2025-2026, each Assessor’s Parcel within CFD No. 2021-1 IA 2 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property.

Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non- Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as Single Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single Family Residential Property shall be further categorized into Land Use Categories based on its Building Square Footage and assigned to its appropriate Assigned Special Tax rate.

In the event that an Assessor’s Parcel for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the Residential Unit(s) (in accordance with the Final Map or Condominium Plan) on such Assessor’s Parcel, the amount of the Special Tax levy on such Assessor’s Parcel for each Fiscal Year shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Tax levy for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and shall be taxed as Developed Property in accordance with Step 1 of Section E below; and (3) the amount of the Special Tax levy on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on all other Undeveloped Property multiplied by the total of the amount determined in clause (1), less the amount determined in clause (2).

D. MAXIMUM SPECIAL TAX

4. Developed Property
The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax.

The Maximum Special Tax for each Assessor’s Parcel of Non-Residential or Multifamily Residential Property shall be the applicable Assigned Special Tax described in Table 1 of Section D. b. Assigned Special Tax
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Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non-Residential shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property shall be determined pursuant to Table 1 below.

TABLE 1

ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax Per
Taxable Unit

2. Single Family Residential Property RU Less than 1,600 sq. ft $3,619

2. Single Family Residential Property RU 1,600 sq. ft to 1,750 sq. ft $3,726

3. Single Family Residential Property RU 1,751 sq. ft to 1,900 sq. ft $3,911

4. Single Family Residential Property RU 1,901 sq. ft to 2,050 sq. ft $4,076

5. Single Family Residential Property RU 2,051 sq. ft to 2,200 sq. ft $4,130

6. Single Family Residential Property RU 2,201 sq. ft to 2,350 sq. ft $4,183

7. Single Family Residential Property RU 2,351 sq. ft to 2,500 sq. ft $4,368

8. Single Family Residential Property RU 2,501 sq. ft to 2,650 sq. ft $4,465

9. Single Family Residential Property RU 2,651 sq. ft to 2,800 sq. ft $4,601

10. Single Family Residential Property RU 2,801 sq. ft to 2,950 sq. ft $4,737

11. Single Family Residential Property RU Greater than 2,950 sq. ft $4,882

12. Multifamily Property Acre N/A $31,711

13. Non-Residential Property Acre N/A $31,711
On each July 1, commencing July 1, 2026, the Assigned Special Tax rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. b. Multiple Land Use Categories
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
c. Backup Special Tax
The Backup Special Tax for an Assessor’s Parcel within a Final Map classified or to be classified as Single Family Property shall calculated according to the following formula.

B = (U x A) / L
The terms above have the following meanings:

B = Backup Special Tax per per Assessor’s Parcel within the Final Map U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below A = Acreage of Single Family Residential Property expected to exist in such Final Map at the time of calculation, as determined by the Administrator
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L = Number of Residential Units expected to exist in such Final Map at the time of calculation, as determined by the Administrator.

In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be $31,711 per Acre.

In the event any superseding Final Map is recorded as a Final Map within the Boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be $31,711 per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property, or Non-Residential Property.

On each July 1, commencing July 1, 2026, the Backup Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

5. Approved Property
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.

The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property shall be $31,711 per Acre.

On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Approved Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

6. Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property pursuant to the provisions of Section F
The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property shall be equal to the product of $31,711 multiplied by the Acreage of such Assessor’s Parcel.

On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Undeveloped and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2025-2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:

Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement.

Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

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Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax levy on each Assessor's Parcel of Developed Property for which the Maximum Special Tax is the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.

Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

F. EXEMPTIONS
The City shall classify as Exempt Property, in the following order of priority, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than

19.51 Acres.

Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 19.51 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 19.51 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.

G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:

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“CFD Public Facilities” means $9,000,000 expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2021-1 IA 2, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment.
“Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible to be financed by CFD No. 2021-1 IA 2.
“Construction Inflation Index” means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment.
“Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding CFD No. 2021-1 IA 2 Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.

1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued and (iv) Assessor’s Parcels of Public Property or Property Owner’s Association Property, or Provisional Undeveloped Property that are not Exempt Property pursuant to Section F. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel.

Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined C-10
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below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.

2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property, Property Owner’s Association Property, or Provisional Undeveloped Property to be prepaid compute the Maximum Special Tax for the Assessor’s Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid.

4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”).

8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid.

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10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

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Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula:

PP = ((PE – A) x F) + A
These terms have the following meaning:

PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any.

Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non- refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.

With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Assessor’s Parcel and that a portion of the Maximum Special Tax obligation equal to the remaining percentage (1.00 - F) of the Maximum Special Tax obligation will continue to be levied on the Assessor’s Parcel pursuant to Section E.

H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2069-2070 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2021-1 IA 2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2021-1 IA 2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2021-1 IA 2 have been satisfied.

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I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2021-1 IA 2 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.
9)
Approval of Agreement with eScribe Software Ltd. for Agenda Management Services Approve and authorize the City Manager to execute a Professional Services Agreement with eScribe Software Ltd. in an amount not to exceed $146,241 over the initial three-year term for the implementation, training, and support of a comprehensive digital agenda management platform in such final form as approved by the City Attorney.

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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Candice Alvarez, MMC, City Clerk
Date:June 10, 2025
Subject:Approval of Agreement with eScribe Software Ltd. for Agenda Management Services
Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement with eScribe Software Ltd. in an amount not to exceed $146,241 over the initial three-year term for the implementation, training, and support of a comprehensive digital agenda management platform in such final form as approved by the City Attorney.

Background
The City of Lake Elsinore currently uses PrimeGov, an agenda management system now owned by Granicus, for the preparation, management, and distribution of City Council and commission meeting agendas. While PrimeGov has served the City’s basic agenda needs, limitations in system functionality, customer support, and integration flexibility have prompted staff to explore alternative solutions that provide a more robust, user-friendly, and future-ready platform.

Following a comprehensive review of vendors, the City Clerk’s Office has identified eScribe Software Ltd., a leading provider of cloud-based public meeting management systems, as the preferred vendor to replace the existing platform.

Discussion
eScribe provides an all-in-one meeting management platform designed specifically for municipalities. The City of Lake Elsinore will benefit from an integrated and secure environment for preparing, conducting, and following up on meetings, dramatically improving staff workflows and public engagement.

Agreement with eScribe Software Ltd.

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9 4
Key features include:
•Digital agenda and minutes creation
•Automated approval workflows
•Integration with YouTube/Vimeo for live streaming
•Public-facing portal with timestamped video and closed captioning •Unlimited users and meetings
•Role-based permissions and document security
•Cloud-based storage and Microsoft Azure hosting with enterprise-grade security •Training and implementation support through eScribe Academy and dedicated onboarding staff
eScribe will work with City staff over an 11-week onboarding period that includes configuration, training, mock meetings, go-live preparation, and post-launch support. Following implementation, all agenda-related materials will be managed within a centralized, cloud-based platform, improving internal coordination and increasing access to public records.

The total cost includes:
•Year 1 Implementation and Subscription: $54,600
•Year 2 Subscription (6% increase): $44,450
•Year 3 Subscription (6% increase): $47,191
•Optional 2-year renewal terms with annual 6% increases thereafter These costs include remote onboarding support, unlimited users, ongoing technical support, access to the eScribe Academy, and dedicated customer success staff.

Fiscal Impact
The total contract amount for the initial three-year term is $146,241. Sufficient funds are available in the City Clerk's operating budget for Fiscal Year 2024-2025 and will be incorporated into future budgets for subsequent years.

Attachments
Attachment 1 – Agreement
City Clerk's Office
Subscription Agreement

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Confidential
Subscription Agreement 2023
This Subscription Agreement (the "Agreement") is entered into by and between eScribe Software Ltd. (“eScribe”)(“Contractor”) and City of Lake Elsinore (“Customer”) (each a “Party” and collectively, the “Parties”). This Agreement, together with any appendices referenced and attached, govern the Customer’s subscription to the eScribe product and is effective as of the last signature date below (“Effective Date”). eScribe Terms and Conditions

1. Overview of eScribe
eScribe’s service is a proprietary software application and platform for the purpose of meeting and agenda automation which it makes available as services via the internet. eScribe includes online storage space for storing, retrieving and sharing Customer Content (as defined below).

2. Definitions
The terms below have the following meaning:

A. “Customer Content” shall mean the content, documents, audio and video uploaded or inputted to the Services or created, produced by the Customer during Use of the Services.

B. “Data Storage” refers to the online electronic secure storage of all Customer Content during the Use of the Services.

C. “Documentation” includes any and all printed or electronic guides and manuals, including sales, marketing and training materials provided by eScribe for the proper Use of the Services.

D. “Implementation Services” refers to the configuration, training, and other services set out in Appendix C.

E. “Legacy Data” refers to the ongoing Data Storage of Customer Content from previous Term(s) as set out in Appendix D.

F. “Personal Information” means information which relates to an identified or identifiable individual, and includes any information defined from time to time as “personal information” under applicable Privacy as defined herein.

G.“Privacy Laws” means applicable laws and regulations relating to privacy, data protection, or data security.

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Subscription Agreement 2023
H. “Services” or “Software” means the provision of the software service known as “eScribe”, together with any services provided, including the applications for access to the eScribe site, System Upgrades and interfaces made available to the Customer in connection with eScribe.

I. “Support Services” shall mean the technical support for the Customer’s use of eScribe as made available under eScribe's Support Services set out in Appendix B.

J. “Taxes” refers to all present or future sales tax, consumption tax and similar taxes.

K. “Usage Data” refers to the data generated automatically through access or use of eScribe, including but not limited to user log-in data, date and time stamps, device details such as browser type and operating system, IP address, feature usage, product settings and configuration, activity records, and associated log data and metadata. For the avoidance of doubt, Usage does not include Customer Content.

L. “Use” shall mean the ability for the Customer to login with username and password and access the Services via the internet.

M. “You or Your” refers to Customer, as defined in the preamble of this Agreement.

3. Operations

3.1 Software, Implementation Services. eScribe shall provide the Software, Implementation Services, and the Documentation to the Customer subject to the terms of this Agreement. The Implementation Services will be provided in a professional, timely, and competent manner. eScribe shall take appropriate steps to carry out the Implementation Services to the reasonable satisfaction of the Customer.

3.2 Availability of Service. eScribe shall make the Services available twenty-four (24) hours a day, seven (7) days a week, and will credit the Customer 10% of the equivalent monthly Subscription Fees listed in Appendix A for each three (3) hour period for which the Services are unavailable for Use by the Customer in a monthly period. "Uptime" and "Downtime" is recorded and calculated on a monthly basis and will be applied as a credit towards the annual Subscription Fees listed in Appendix A, for the next year. Downtime does not include scheduled outages for software updates, server or network maintenance (which will generally be scheduled for weekends or after midnight eastern time), notification of which will be provided to the Customer’s designated Support Contacts five (5) days in advance. Unsuitable Customer operating environment, including, but not limited Subscription Agreement

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Subscription Agreement 2023
to, inadequate end user computer configuration, installed third party software, internet connection issues or general internet congestion issues are excluded from any downtime calculations. Account credits of eScribe for any twelve (12) month period are hereby limited to a maximum of twenty percent (20%) of the annual Subscription Fees listed in Appendix A paid by the Customer during the prior twelve (12) month period up to the outage. Downtime is measured from the time that a trouble ticket is registered with Support Services by the Customer for the Services being unavailable for Use or the time that eScribe becomes aware that the Services are unavailable for Use (whichever is earlier), to the time the problem is resolved, and the Services are restored. In the event that eScribe becomes aware that the Services are unavailable for Use, eScribe shall notify the Customer immediately.

3.3 Support Services. During the Term of this Agreement, eScribe will provide the Customer the Support Services as described in Appendix B.

3.4 Access. eScribe will provide access to users designated by the Customer. eScribe may deny access to the Service if it has reason to believe that a login or password has been lost, stolen or compromised or is used contrary to the terms of this Agreement or threatens the security of Customer Data, the eScribe Service, or other users. You are solely responsible for all acts or omissions of any person using eScribe through assigned logins or passwords, or integrated access methods like Azure Active Directory. Use of eScribe via Customer logins and passwords, or integrated access methods is deemed to have been authorized by the Customer. If any of the Customers logins, passwords or access methods are lost, stolen or compromised, the Customer will promptly notify eScribe. Upon receipt of such notice, the affected logins and passwords will be cancelled or suspended as soon as is reasonably practicable, but the Customer remains responsible for any actions prior to our receipt of that notice. Customer may not make available the Service for Use by any third parties.

3.5 Usage Data. eScribe may collect and process Usage Data to (a) provide Services and associated support to Customer; (b) manage and secure its technical infrastructure; (c) develop and improve its products and services; (d) communicate with Customer about your use of the Services and provide recommendations regarding additional offerings; (e) enforce the terms of this Agreement or other contractual terms; (f) prevent abuse and fraud; (g) perform statistical analyses; and (h) for its internal business purposes. eScribe may share Usage Data with its affiliates and third-party service providers for these purposes, or as otherwise required or permitted by applicable law.

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3.6 Customer Content Retrieval. During the Term of this Agreement, the Customer may retrieve Customer Content from the Services at any time and, within ten (10) days of the Customer’s request, eScribe will make available any Customer Content that is stored in native file format (Word, Excel, PowerPoint, PDF, MP4).

3.7 Privacy. eScribe will comply with its obligations under all applicable laws and regulations related to the operation of the Services, including all applicable Privacy Laws.

4. License and Related Terms.

4.1 License Grant. During the Term and subject to You and Your Users’ ongoing full compliance with the terms and conditions set forth in this Agreement, eScribe (a) grants Customer, solely for your internal and legitimate purposes, a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to access and use the modules of the Service as set forth in your subscription.

4.2 Commitments and Restrictions. Customer and Your Users shall not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services, the Software or the eScribe Sites available to any third party; (b) modify, copy or create derivative works based on eScribe or the Software; (c) frame or mirror any content forming part of or all of the Services or the eScribe Sites, other than on your own intranets or otherwise for your own internal business purposes as permitted by this Agreement; (d) reverse engineer, disassemble, decompile or otherwise attempt to imitate, derive or discover the source code for the Software; (e) provide non-Users with access to the Services, the Software or eScribe Sites, whether directly or through a service bureau, commercial time-sharing arrangement, or application service provider arrangement; (f) use the Services, the Software or the eScribe Sites to provide outsourcing or training services to non-Users; (g) otherwise market the Services, the Software or the eScribe Sites to third parties without eScribe’s written permission; (h) access or use the Services in order to build a competitive product or service, or copy any ideas, features, functions or graphics of the Services or the Software; (i) use the Service for any illegal or unauthorized purposes or beyond the scope of the this Agreement; or (j) breach or attempt to breach the security of any platforms or applications in the Services or the Software.

4.3 Rights to Intellectual Property. eScribe grants no other right or license to any of its or its affiliates’ intellectual property to You by implication, estoppel or otherwise.

You acknowledge and agree that eScribe or its affiliates (as applicable) owns all Subscription Agreement

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right, title, and interest in, to, and under such intellectual property and that you shall not acquire any proprietary rights therein. Any use by You or Your Users of any of such intellectual property and all goodwill and other rights associated therewith shall inure to the benefit of eScribe or its affiliates (as applicable).

4.4 Customer Responsibilities. You are responsible for Your Users’ use of the Services. You will: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Content; (b) ensure that each User has all necessary permissions, consents, approvals, and licenses for and to the Customer Content; and (c) comply with all applicable local, state, federal and foreign laws, or regulations in connection with each User’s use of the Services.

You shall not transfer or assign Your eScribe account privileges to a third-party without eScribe’s prior written consent. Users are authorized to use the Services only for Your legitimate activities. As between You and eScribe, You shall be solely responsible for, and eScribe shall have no responsibility for, monitoring and policing the adherence of Users to all applicable laws, regulations, duties, and obligations with respect to accessing, distributing, and using Customer Content.

You acknowledge and agree that eScribe is not responsible or liable in any way for any Customer Content and has no duty to pre-screen such content. However, eScribe reserves the right to remove Customer Content from the Site at any time, without prior notice, if eScribe in its sole discretion concludes that the Customer Content may violate applicable law.

4.5 Feedback and Improvements. The Customer acknowledges and agrees that eScribe shall own all rights, title, and interest, in and to any improvements to the Services, or any new programs, upgrades, modifications or enhancements to the foregoing, whether developed by eScribe or Customer in connection with rendering the Services to You. In the event that the Customer provides any feedback, ideas, suggestions proposals, refinements or other improvements (collectively, “Feedback”), the Customer hereby irrevocably transfer and assign to eScribe all rights, title, and interest which Customer may have in such Feedback. eScribe shall have the right, but not the obligation, to use any such Feedback to improve any or all parts of its Services or Software and in the event that eScribe does incorporate such Feedback, it shall solely retain all right, title and interest in such Feedback. In the event that such Feedback does not automatically transfer to and vest in eScribe, You hereby grant an exclusive, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to eScribe and its affiliates to use the Feedback for any purpose without notice or restriction.

4.6 4.7 Ownership of Customer Content; Disclaimer. As between You and eScribe, You exclusively own all rights, title and interest in and to all Customer Content provided by You to eScribe Sites or under the Services. You acknowledge and agree that eScribe’s custodial function is limited to the Subscription Agreement

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technical operation and maintenance of the Services and shall not extend to any fiduciary or other duty of care related to management of the sourcing, posting, accessing, use, or receipt for any Customer Content, or any functioning which utilizes the Service.
5 Confidentiality

5.1 Definition of Confidential Information. As used herein, “Confidential Information” means all confidential and proprietary information of a Party (“Disclosing Party”) disclosed to the other Party (“Receiving Party”), including any intellectual property or proprietary rights, that (a) if disclosed orally is designated as confidential at the time of disclosure, (b) if disclosed in writing is marked as “Confidential” and/or “Proprietary,” or (c) reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Without limiting the foregoing, Confidential Information of eScribe shall include the terms and conditions of this Agreement (including pricing and other terms reflected hereunder), provision of the Services, screenshots of eScribe, pricing in proposals, business and marketing materials, technology and technical information, product designs, and business processes. The Customer’s Confidential Information shall include the Customer Content. Notwithstanding the foregoing, eScribe may disclose the existence and terms of this Agreement, in confidence, to a potential purchaser of or successor to any portion of such Party’s business resulting from the reorganization, spin-off, or sale of all or a portion of all the assets of any business, division, or group of such Party.

Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party; (iii) was independently developed by the Receiving Party, which can be demonstrated with clear and convincing evidence; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.

5.2 Confidentiality and Non-Disclosure. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party’s prior written permission. Notwithstanding the foregoing, the Receiving Party may disclose such Confidential Information to those of its employees and contractors who need to know such information for purposes of performing this Agreement and certifies that such employees and contractors have agreed, either as a condition of employment or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those in this Section 5. The Receiving Party shall use the same degree of care to protect the Confidential Information as it uses to protect its Subscription Agreement

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own information of a confidential and proprietary nature, and in no event shall it use less than a reasonable degree of care.

5.3 Compelled Disclosure. If the Receiving Party is compelled by law or legal process to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted), provide reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure and only make such disclosure, in both manner and content, as required by such law or legal process.

5.4 Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of confidentiality protections hereunder, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the Parties that any other available remedies are inadequate.

5.5 Survival. Notwithstanding the expiration or termination of this Agreement for any reason, the obligations of confidentiality and non-use set forth in this Section shall continue in perpetuity.
6 Pricing and Payment

6.1 Subscription Fees. The first year’s Subscription Fees and the Implementation Fees, as described in Appendix A, will be invoiced as of the date of this Agreement and will be due according to the terms of the invoice. The Subscription Fees are due annually thereafter and will increase from the previous year’s Subscription Fees by six percent (6%). eScribe may implement revised Subscription Fees for the Renewal Term, as defined in Section 7.1, by giving written notice of such price changes to You at least ninety (90) days prior to the expiration of the current Term, and that pricing will take effect unless You elect to terminate this Agreement in accordance with Section 7.

6.2 Implementation Fees. The Implementation Fees listed in Appendix C are assessed for remote participation by eScribe personnel during the onboarding process. Optionally, should the Customer wish to have eScribe personnel attend onsite during the onboarding process, additional travel and living expenses would apply in addition to the Implementation Fees listed in Subscription Agreement

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Appendix C.

6.3 Legacy Data. If Legacy Data fees apply, it will be added to the annual Subscription Fees as set out in Appendix D.

6.4 Overdue Payments. All payments are due thirty (30) days from the date of invoice. Any invoiced amounts (excluding those subject to good faith dispute), not received by eScribe by the due date may accrue, at eScribe’s discretion, late charges at the rate of twelve percent (12%) per annum, or the maximum rate permitted by applicable law, whichever is lower, from the date such payment was due until the date paid. In addition, Customer shall be responsible for reasonable attorneys’ fees and other reasonable costs of collection in the event of nonpayment by the Due Date.

6.5 Taxes. All fees and other charges set forth in this Agreement are exclusive of any and all applicable Taxes due to eScribe from Customer. Payment of all applicable Taxes shall be the responsibility of the Customer. If any such Taxes has to be withheld under this Agreement, Customer shall increase payment under this Agreement by such amount as to ensure that eScribe has received an amount equal to the payment otherwise required after such withholding or deduction.

6.6 Nonpayment and Suspension of Services. If any portion of the Customer invoice is more than thirty (30) days past due, in addition to any of its other rights or remedies under this Agreement or by applicable law, eScribe reserves the right to suspend access to the Service, but only if such past due account is not paid within five (5) business days after written notice of eScribe’s intent to exercise its right to suspend hereunder. Any such permitted suspension shall be without liability to the Customer and may continue until such amounts are paid in full.

7. Term

7.1 Term of Agreement and Subscription. The term of this Agreement commences on the date of this Agreement for a period of three (3) years (the “Term”) and will automatically renew for an additional term of equal length (“Renewal Term”) unless notice of cancellation is received 60 days prior to the expiry of the Term.

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7.2 Early Termination. This Agreement may be terminated by either Party prior to the end of the Subscription Term as follows: (a) If either party is adjudged bankrupt, becomes insolvent, makes an assignment for the benefit of creditors, bankruptcy or insolvency proceedings are instituted by or against such party, and such proceedings are not removed within sixty (60) days (an “Event of Bankruptcy”), then the party affected by such an Event of Bankruptcy must immediately give notice thereof to the other party, and the other party at its option may terminate this Agreement upon written notice to such affected party, (b) in the event that a Party materially breaches an obligation hereunder and fails to cure such breach within thirty (30) days after being notified thereof in writing, the non-breaching Party may terminate this Agreement at any time thereafter that the breach is continuing by providing written notice to the breaching Party, (c) by either Party for Force Majeure as defined in Section 14.7.

7.3 Termination Penalties. If this Agreement is terminated by the Customer, or the Customer downgrades their subscription during the first year of the Term, for any reason other than a material breach of this Agreement on the part of eScribe, the Customer will be liable for the First Year Subscription Fees as invoiced, and a termination or downgrade penalty amounting to 35% of the remaining Subscription Fees due for Years Two and Three of the Agreement. If the Customer terminates or downgrades their subscription during the Second Year of the Term, for any reason other than the material breach of the Agreement by eScribe, the Customer will be responsible for Second Year Subscription Fees in full as invoiced, and a termination penalty amounting to 25% of the remaining Year Three Subscription Fees. If the Customer terminates or downgrades their subscription during the Third Year of the Term, for any reason other than the material breach of the Agreement on the part of eScribe, the Customer will be responsible for the Third Year Subscription Fees in full as invoiced without any additional penalty. If the Customer terminates or downgrades their subscription during a Renewal Term for any reason other than material breach, the Customer will remain responsible for 15% for any remaining Subscription Fees due for the Renewal Term.

7.4 Post Termination Obligations. Termination of this Agreement shall not limit either Party from pursuing any remedies available to it, including injunctive relief.

Agreement termination, other than by the Customer in accordance with Section

7.2, shall not relieve You of Your obligation to pay the entire Subscription Fee for the applicable Term and all other applicable fees, if any due for the use of the Services. Following any termination pursuant to Section 7.2, eScribe shall refund to the Customer the prepaid but unused portion of the Subscription Fee for the then- current Subscription Term (prorated based on the number of whole months left in the then- current Term).

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7.5 Effect of Termination. Following the termination or expiration of this Agreement, including your Subscription, (a) eScribe will convert Your Account to an inactive status, (b) Customer must immediately cease (and eScribe can block) Your accessing and using the Services and (c) Customer will retrieve all Customer Content no later than thirty (30) days after termination. After the thirty (30) day period, eScribe will delete or destroy all copies of Customer Content in its possession or control, unless legally prohibited and upon request, provide the Customer with a certificate of destruction.

7.6 Surviving Provisions. In the event this Agreement is terminated, any provision which must survive in order to allow the Parties to enforce its meaning shall survive, including without limitation, Sections 4.3 (Rights to Intellectual Property),

4.5 (Feedback and Improvements), 5 (Confidentiality), 6 (Pricing and Payment) (until all amounts due hereunder are paid in full), 7.4 (Post Termination Obligations), 7.5 (Effect of Termination),7.6 (Surviving Provisions), 8.5 (Disclaimer), 9 (Limitation of Liability), 10 (Indemnification) and 14.3 (Survival).

8. Warranties and Disclaimers. The following representation and warranties are applicable at the execution of this Agreement and during the Term:

8.1 Mutual Warranty. Each Party represents and warrants to the other that it has the legal capacity and right to execute this Agreement; that the signatory has the authority to bind the applicable organization; and when executed and delivered, this Agreement will constitute the legal, valid, and binding obligation of each Party, enforceable in accordance with its terms.

8.2 Customer Warranty. The Customer warrants the Customer Content will not infringe on any copyright, patent, trade secret or other proprietary, privacy, or other right held by any third party, or violate any applicable law.

8.3 eScribe Warranty of Rights and Performance. eScribe warrants that: (a) it owns or otherwise has sufficient rights in the Software to license Customer to use the Service as stated in this Agreement, and (b) the Service will materially conform to and perform substantially in accordance with the Documentation.

8.4 Remedies for Breach of eScribe Warranty. In the event eScribe breaches Section 8.3 and is unable to substantially correct such deficiencies after good faith efforts and at a commercially reasonable cost within thirty (30) days of Your written notification of such non-conformance, Customer shall have the right, as Your sole remedy for such breach, to terminate the Agreement and receive from eScribe the prepaid but unused portion of the Subscription Fee for the then- current Subscription Term (prorated based on the number of whole months left in the then-current Subscription Term).

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8.5 Disclaimer. eScribe EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF

SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS SECTION 2 G, (A) NEITHER PARTY TO

THIS AGREEMENT, NOR ANY OTHER PERSON ON SUCH PARTY'S BEHALF,

HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR

WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW,

COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR

OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (B) EACH

PARTY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY

REPRESENTATION OR WARRANTY MADE BY THE OTHER PARTY, OR ANY

OTHER PERSON ON SUCH PARTY'S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION 8.

9. Limitation of Liability
In no event shall either Party be liable to the other Party or its personnel for any indirect, incidental, punitive, special, or consequential damages related to use of eScribe, or for any damages for loss of profits, business interruption, harm to any computer system, or any other commercial damages or losses, regardless of the theory of liability (contract, tort, or otherwise), even if the other Party has been advised of the possibility of such damages. Except as provided herein, eScribe’s total cumulative liability for damages, expenses, costs, liability or losses to You or any User arising out of or in connection with use of eScribe or any other matter under this Agreement is capped in the amount equal to Subscription Fees prepaid by You for the annual Term in which the alleged damage or liability occurred.

10. Indemnity

10.1 By eScribe. eScribe will defend and indemnify the Customer and its users against any claim, suit, action or proceeding against it alleging (a) harm originating in willful misconduct of eScribe or (b) that the Software or use of the Services in the manner and for the purposes authorized in this Agreement infringes any third- party patent or copyright. Notwithstanding any limitation of Section 9, and only to the extent of eScribe’s applicable insurance coverage, eScribe will defend and indemnify You and Your Users against any claim, suit, action or proceeding against You or Your Users alleging harm originating in grossly negligent breach of this Agreement by eScribe.

In the event the Service or a component part thereof is held by a court of competent jurisdiction, or is believed by eScribe, to infringe or potentially infringe a third party’s rights, eScribe shall, with prior notice to the Customer, (i) modify, at its expense, the Service to be non-infringing; provided that such modification does Subscription Agreement

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not adversely affect the Service as set out in this Agreement, or (ii) obtain for Customer the right to continue using the Service in its current state at no additional expense to the Customer, or (iii) if eScribe determines that neither of the foregoing options are reasonably available, eScribe may terminate this Agreement and refund any prepaid Fees to the Customer for which it has not received Services.

10.2Procedure. If Customer is seeking indemnification, it must promptly notify eScribe in writing of the indemnifiable claim and provide the indemnifying Party with all non-monetary assistance, information and authority reasonably required for the defense and settlement of the indemnified claim. An indemnifying Party will select counsel for defense of the indemnified claim and direct and control the defense.

Provided the indemnifying Party is diligently conducting such defense, the indemnifying Party shall not be liable for any attorney’s fees of the indemnified Party.

The indemnifying Party must obtain the indemnified Party’s written consent to any settlement (said consent not to be unreasonably withheld, conditioned, or delayed), except that no such consent shall be required if the settlement or compromise requires no payment of damages by the indemnified Party and does not admit any liability or determination against the indemnified Party or materially restrict the indemnified Party.

11. Insurance
eScribe will at all times maintain sufficient insurance, appropriate for its industry and Service. At all times during the term of this Agreement, eScribe will maintain insurance coverage at least in line with the coverage and amounts specified in its current Certificate of Insurance.

12. Advertising
Customer agrees that eScribe may use and disclose Customer’s name in its marketing material with prior written approval of the Customer, which will not be unreasonably withheld.

13. Trademarks
Any trademarks and service marks (“Trademarks”) adopted by eScribe to identify the Services, Documentation and other products and services, belong to eScribe. Nothing herein grants, or shall be construed to grant, to Customer any rights to such Trademarks.

14. General Provisions
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14.1 Relationship of Parties. In all matters relating to this Agreement Customer and eScribe are independent contractors, and nothing in this Agreement shall be deemed to place the parties in the relationship of employer-employee, principal- agent, partners, or joint ventures.

14.2 No Third-Party Beneficiaries. This Agreement is not intended to create any rights in any person or entity who is not a party to this agreement, and no such rights are created hereunder.

14.3 Entire Agreement. This Agreement, including all Appendices, is the entire Agreement between the parties and supersedes all prior negotiations, understandings and agreements between the parties concerning the subject matter hereof. No amendment or modification of this Agreement shall be made except by written agreement of both parties.

14.4 Ride Along: The terms of this Agreement may be extended for use by other parties, including: municipalities, school boards and government agencies upon execution of an addendum outlining the associated Services and Fees applicable.

This term is not intended to circumvent any procurement rules and regulations of the additional party.

14.5 No Waiver. The failure of either party to exercise any right or the waiver by either party of any breach shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of the Agreement.

14.6 Partial Invalidity. Should any provision of this Agreement be held to be void, invalid, or inoperative, the remaining provisions of this Agreement shall not be affected and shall continue in effect as though such provisions were deleted.

14.7 Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, act of government, or any other similar cause beyond the reasonable control of such party ("Force Majeure”), provided that such party gives the other party written notice thereof promptly and, in any event, within ten (10) days of discovery thereof and uses its reasonable efforts to cure the delay. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of non-performance exceeds ten (10) days from the receipt of notice of the Force Majeure event, the party whose performance has not been affected may, by giving written notice, immediately terminate this Agreement.

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14.8 Assignment; Enurement. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of it rights or obligations hereunder, without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party’s consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party’s business by means of merger, stock purchase, asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement shall be null and void.

14.9 Injunctive Relief. The parties recognize that a remedy at law for a breach of the provisions of this Agreement relating to either party’s Confidential Information will not be adequate for the non-breaching party’s protection, and accordingly the non-breaching party shall have the right to seek, in addition to other relief and remedies available to it, injunctive relief to enforce the provisions of this Agreement in any court of competent jurisdiction.

14.10 Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California, United States of America and the federal laws of United States of America applicable therein.

14.11 Calendar Days. All references to a day or days in this Agreement mean a calendar day or calendar days.

14.12 Time of the Essence. Time is of the essence of this Agreement and of every part hereof and no extension or variation of this Agreement will operate as a waiver of this provision.

14.13 Survival. All obligations of the parties which expressly or by their nature survive termination or expiration of this Agreement will continue in full force and effect subsequent to and notwithstanding such termination or expiration and until they are satisfied or by their nature expire.

14.14 Headings. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.

14.15 Notice. Any notice required or permitted to be sent hereunder shall be in writing and shall be sent in a manner requiring a signed receipt, such as courier delivery, or if mailed, registered or certified mail, return receipt requested. Notice to both parties shall be to the address and contact set forth below and updated from time to time.

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eScribe Software Ltd.
5300 Commerce Court West, 199 Bay Street
Toronto, ON M5L1B9
Attn: Legal
Customer Contact Info for Notices:

City of Lake Elsinore
130 S Main Street
Lake Elsinore, CA
92530
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The undersigned parties hereby enter into this Agreement, eScribe Software Ltd. City of Lake Elsinore
Signature Signature
Authorizing Officer, Title Authorizing Officer, Title
I have the authority to bind the organization.

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Appendix A – Annual Subscription Fees
eSc rib e Annua l Servic e a nd Sup p o rt FeesMo d ule Lic ense Typ e Lic ense Fee Qua ntity Co st eScribe Ultim ate Bundle Annual 42,000$ 1 42,000$ eScribe Meeting Manager INCLeScribe Participant Access INCL eScribe Internet Publishing INCL eScribe Docum ent Manager INCL eScribe Live Stream ing Plus INCLeScribe E lectronic Voting INCLeScribe Speaker List INCLeScribe Subscription Lists INCLeScribe Live Closed Captioning INCLeScribe Meetings Pro (Annotations) INCL Up to 20E ntra ID or ADFS Authentication INCLTo ta l - Annua l So ftw a re a nd Sup p o rt Fees 42,000$ Subscription Agreement

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Appendix B – Support Services
Subject to the terms and conditions of this Agreement, eScribe shall perform the Support Services as defined.

Definitions:

The definitions used in the Agreement are incorporated herein. In addition, the following terms shall have the following ascribed to them:
“Business Hours” means the hours during which eScribe’s helpdesk is available to take live incoming calls, emails and be available to respond to the Customer’s Support Contacts, namely 8:00 a.m. to 8:00 p.m., Monday through Friday eastern time (excluding statutory holidays).
“Extended Hours” means the hours during which eScribe’s helpdesk is available to take urgent calls during 8:00 p.m. to 11:00 p.m. EST, Monday through Friday eastern time (excluding statutory holidays).
“Support Contacts” means the Customer designated individuals (to be identified in the attached Problem Reporting Schedule) and any replacements designated in writing to eScribe who will serve as technical liaison between eScribe and Customer and who are to have technical knowledge and experience with the Services used by the Customer.
"Updates" shall mean fixes, patches, modifications, improvements to functionality or revisions to the Services and Documentation.

All other capitalized terms shall have the meanings set out in the Agreement.

Support Services:
eScribe will provide the following services to Customer:
a. Technical assistance by telephone or electronic mail. b. Receipt and monitoring of calls during Business Hours at eScribe’ s support desk. c. Direct access for Customer Support Contacts to eScribe’ s team of support technicians.
d. Provision of any available problem solutions related to the Services e. Make all reasonable commercial efforts to provide a response to reported problems in the manner described in the Problem Reporting Process below. f. Make available any Updates to the Services and Documentation at no additional charge, subject to Customer’s responsibility for any Implementation Services fees for any new Services.

Exclusions:
a. Customer’s third-party hardware and software not part of this Agreement.

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Problem Reporting Process:

Step 1: Contact eScribe using one of the following methods:

Toll free number 1-855-299-0023
Email: [email protected]
Portal: https://customerportal.eScribemeetings.com
Step 2: Provide the following information:

Provide Support Contact’s name, location the Services are in Use, telephone number and E-mail address.

Step 3: Provide a description of the problem.

Provide as much detail, including system error messages and screen printouts, as possible. eScribe assign a Priority Level based on the response matrix below.

Priority Level Initial Response Status Updates
1- Complete Services or business
critical functions unavailable
or impaired
Within 2 hours Every 4 hours
2- Specific Services functions
unavailable or impaired
Within 4 hours Every 8 hours
3- Services operational, isolated
or individual user issues
Next Business Day As required on each
reported incident
eScribe shall assign a ticket number to reference the case in all future communications with Customer regarding the reported incident. Customer understands that failure to provide accurate and detailed call information as described above may increase the amount of time needed by eScribe to diagnose the problem and develop a possible solution.

Regardless of the priority assignment, Customer’s problem must relate to the Services in order for Support Services to be applied hereunder. Where eScribe is required to perform Support Services outside of the scope of the Agreement, including but not limited to investigations, efforts and resolutions pertaining to third party software, hardware, networks or facilities, eScribe shall charge Customer at its daily Implementation Services rate for the services rendered.

Using the Customer Community Portal, customers are able to check the status of their support tickets at any time.

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The case will not be closed by eScribe until receipt of written confirmation from the Support Contact that the problem has been resolved. If written confirmation or feedback is not received within ten (10) business days, it will be assumed the problem has been resolved and the case will be closed.

General Support Terms:
a. The Support Contacts will be the only persons authorized to receive the Support Services hereunder and to instruct eScribe in respect of Support Services. b. The delivery of Support Services hereunder does not extend to: i) Inadequate Customer computer configurations, installed third party software, internet connection issues or general internet congestion issues; ii) Services which have been altered, modified or improperly configured by the Customer, its customers, or any third party without eScribe’s prior written consent; iii) failures related to an accident, disaster or other Force Majeure event; iv) any unauthorized use of the Services;
c. eScribe warrants that its Support Services personnel shall deliver services in a professional manner and in accordance with industry standards. d. Response and resolution times provided in the Problem Reporting Process or otherwise whether orally or in writing, are intended as good faith estimates, guidelines or objectives only and are not to be taken as warranties or representations.

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Appendix C – Implementation Services
Subject to the terms and conditions of this Agreement, eScribe shall perform the Implementation Services as listed below.
*Migration of Historical data to be scoped out and added as a modification to services with no additional charge if the agreement is signed by June 20, 2025 Im p lem enta tio n Fees Servic e Fee Qua ntity Co st eScribe Ultim ate Setup/ TrainingOne tim e1 2,600$ 1 1 2,600$ 1 0 Meeting Types, 5 Report Tem plate, 5 Workflows INCL 25 x eScribe Academ y Licenses INCLMigration of Historical Data (Granicus/ One- Meeting)One tim e 1 ,200$ 5 6,000$ Discount if Signed by June 20, 2025 1 6,000- $ To ta l - One- tim e Im p lem enta tio n Fees 1 2,600$ Subscription Agreement

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Appendix D – Legacy and Third Party Migrated Data Storage Fees Upon the completion of the initial, or any subsequent Term or Third-Party Data Migration, (Appendix E) eScribe will measure the total Customer Content Storage in gigabytes (GB) to calculate any Legacy Data storage fees based on the following schedule:

GB Price / GB / Year
0-50 $ 10.00
51-100 $ 9.50
101-150 $ 9.00
151-200 $ 8.50
201-300 $ 8.00
301+ $ 7.50
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Appendix E – Third Party Data Migration – Project Scope Migration scope document to be added to a modification of services document.

In Scope
-N/A
Out of Scope
-N/A
Assumptions
-N/A
Optional Sections
N/A
Additional Notes
-N/A
Migration Timelines
Data migrations are done as a phase 2 of your onboarding project. Migration projects are not committed to the schedule until the project planning phase with your onboarding team.

While we do our best to schedule as close as possible to go-live, typical lead times are approximately 6 months from date of scheduling. It is important to note that the incumbent system must remain available until after the migration is completed.

Note, an additional cost may apply if the migration needs to happen sooner than the initially scheduled timeline.

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Additional Fees
At the completion of the migration, an additional legacy data storage fee will be charged based on the amount of migrated data in gigabytes (GB) as per the table in Appendix D. 10)
Agreement for Animal Control Services with Animal Friends of the Valleys Approve and authorize the City Manager to execute an Animal Control Services Agreement with Animal Friends of the Valleys, Inc. (AFV) in an amount not to exceed $271,376.52 for Fiscal Year 2025-26 for animal control services in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed 10% contingency of $27,137.65 for uncertainties and adjustments

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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Bailey MacLean, Management Analyst
Date:May 27, 2025
Subject:Agreement for Animal Control Services with Animal Friends of the Valleys Recommendation
Approve and authorize the City Manager to execute an Animal Control Services Agreement with Animal Friends of the Valleys, Inc. (AFV) in an amount not to exceed $271,376.52 for Fiscal Year 2025-26 for animal control services in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed 10% contingency of $27,137.65 for uncertainties and adjustments.

Background
The City of Lake Elsinore has contracted with AFV to provide a comprehensive range of animal control services, safeguarding the health and safety of its citizens and domestic animals for nearly 30 years. These services include field services, after-hours emergency response, humane treatment of animals, public education, and enforcement of animal control municipal codes.

AFV also provides animal sheltering services, which are governed by a separate agreement. The City's animal sheltering services are covered by an agreement with the Southwest Communities Financing Authority (SCFA), administered by Riverside County on behalf of the City and our neighboring cities.

The cost for animal control field services is based on the number of animal control officers committed to the City, plus backup when necessary, vehicle mileage costs, other infrastructure costs, after-hours calls, and veterinary expenses.

In 2018, the City Council approved amendments to Chapters 6.04 and 6.06 of the existing municipal code regarding Animal Control Officers and Mandatory Spaying, Neutering, and Microchipping, respectively.

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1 8
3 1
In 2020, the City of Lake Elsinore increased the City's service level to one and a half officers through a proposed cost-sharing method with AFV, which reduced the overall cost for the City.

This included working with AFV to implement various cost recovery strategies, including an improved citation collection program, a 90-day amnesty program, a first-offense warning citation for animal barking, veterinarian outreach, canvassing, and utilizing distinct outreach strategies.

In 2022, the City of Lake Elsinore entered into a revised agreement with Animal Friends of the Valleys (AFV) that increased the number of dedicated Animal Control Officers from 1.5 to 2. The updated cost-sharing model established a flat monthly rate for services while allowing AFV to retain revenues from licensing and citations to help offset overall program costs. This structure provided the City with a more predictable budget and ensured consistent service levels.

Discussion
The City of Lake Elsinore has contracted with Animal Friends of the Valleys (AFV) to provide animal control field services through a long-standing partnership. The current agreement, which expires on June 30, 2025, establishes a monthly payment model that is updated annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI- W) in the Riverside-San Bernardino-Ontario region. AFV retains revenues from licensing and citations as a form of cost recovery. To ensure continuity of services, City staff has prepared a new agreement to extend these services through Fiscal Year 2027–2028.

The proposed agreement maintains all existing service levels and contract terms, including field enforcement, licensing, public outreach, and coordination with veterinary services. The annual CPI-based adjustment ensures that the contract remains responsive to economic conditions while supporting the City's commitment to effective and reliable animal control services.

Fiscal Impact
Approval of this agreement will incur a cost of $22,615 per month ($271,376.52 annually) to the City and is included in the Fiscal Year 2025–2026 Operating Budget. The agreement includes CPI-W-based increases for the following two fiscal years, capped at 2.5% annually. The monthly cost shall not exceed $23,180 per month ($278,161 annually) for Fiscal Year 2026–2027 and $23,760 per month ($285,115 annually) for Fiscal Year 2027–2028. If the CPI-W shows an adverse change in any given year, the monthly rate will remain flat from the prior year.

Attachments
Attachment 1 – Agreement
Exhibit A – Scope of Services and Payment Schedule
City Manager's Office

AGREEMENT FOR ANIMAL CONTROL SERVICES
Animal Friends of the Valleys, Inc.

Animal Control Services
This Agreement for Animal Control Services (the “Agreement”) is made and entered into as of May 27, 2025, by and between the City of Lake Elsinore, a municipal corporation ("City") and Animal Friends of the Valleys, Inc., a California nonprofit corporation ("Contractor").

RECITALS
A. The City desires Contractor to provide a full range of animal control services for the purpose of safeguarding the health and safety of the population of the City of Lake Elsinore and the health and safety of its domestic animals, and for the purpose of promoting the humane treatment of animals and the stimulation of public support for enforcement of City ordinances relating to animal control.

B. Contractor has the ability to provide such services.

C. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such services as set forth in the Agreement.

AGREEMENT
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM. The term of this Agreement shall commence on July 1, 2025, and shall remain in effect until June 30, 2028, unless sooner terminated pursuant to the provisions of this Agreement (the “Initial Term”). The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed two (2) additional twelve (12) month renewal terms (each, a “Renewal Term”) by giving written notice to Contractor not less than thirty (30) days before the expiration of this Agreement, such notice to be exercised by the City Manager. The Initial Term together with any Renewal Term are hereinafter referred to as the “Term.”

2. SERVICES. Contractor shall perform the services and tasks described in Contractor’s Proposal dated May 22, 2025, attached hereto as Exhibit A and incorporated herein.

Contractor’s Proposal shall constitute the Scope of Services.

3. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of its ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.

4. COMPENSATION AND PAYMENT.
a. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees and cost set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. Contractor shall receive and retain all revenues @BCL@B419532F
2 collected for licensing and citation fees collected on behalf of the City in the performance of the animal control services provided pursuant hereto which revenues shall be credited to the City as set forth in the Contractor’s Proposal. In addition, City shall pay Contractor a fixed monthly payment for services in the amount of twenty-two thousand, six hundred fourteen and seventy- one cents ($22,614.71) with annual compensation not to exceed two hundred seventy-one thousand, three hundred seventy-six and fifty-two cents ($271,376.52) for fiscal year 2025-2026 which is thereafter subject to adjustment for inflation as provided in Contractor’s Proposal.

Additional compensation is subject to written authorization from the City Manager.

Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflater or administrative charge.

Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
b. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. c. Year-End Reconciliation. At the end of each Fiscal Year during the Term, Contractor shall submit a full organizational wide reconciliation of all services provided and all revenues collected, including licensing and citation fees and payment for services remitted by the City. Any costs for service that are not covered by such revenues will be paid as a one-time payment by the City no later than forty-five (45) days after receipt of the Fiscal Year-end reconciliation. Any revenues collected by the Contractor that exceed the total cost for service shall be returned to the City as credit toward future services or programs.

5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall cease all work under this Agreement at the end of the ten (10) day notice period, unless the notice provides for a later date. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 4.

6. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of 3 work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7. DEFAULT OF CITY. If the Contractor determines that the City is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the City with written notice of the default. The City shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the City fails to cure its default within such period of time, the Contractor shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS.
a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out 4 of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City.

10. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form No.

CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
5 (1) The City, its officers, officials, employees and volunteers are to be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
(2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 6 11. INDEPENDENT CONTRACTOR.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations.

The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.

13. RELEASE OF INFORMATION.
a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, 7 certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Lake Elsinore
ATTN: City Manager
130 South Main Street
Lake Elsinore, CA 92530
To Contractor: Animal Friends of the Valleys
ATTN: Executive Director
33751 Mission Trail
Wildomar, CA 92595

15. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.

16. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

17. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Lake Elsinore In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

18. PROHIBITED INTEREST. No officer, or employee of the City of Lake Elsinore shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor’s sub-contractors for this project, during its tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Lake Elsinore has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. The attached Exhibits A through E are incorporated herein.
8 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. [Signatures on next page]
9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates as written below.

CITY:

CITY OF LAKE ELSINORE, a municipal
corporation
Date:

Jason Simpson, City Manager
Attest:

Candice Alvarez, MMC, City Clerk
Approved as to Form:

Barbara Leibold, City Attorney
CONTRACTOR:

ANIMAL FRIENDS OF THE VALLEYS, a
California nonprofit corporation
Date: By:

Tammi Boyd, President

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
1 Animal Friends of the Valleys May 22, 2025

EXHIBIT A
Tasks to be Performed/Scope of Work
The specific elements (scope of work) of this service include:

Contractor shall operate and provide an animal control program for the City of Lake Elsinore consisting of, but not limited to, field services and licensing. Animal Friends of the Valleys will provide 2 full-time Animal Control Officers, fully equipped vehicles, and shelter transport for the City of Lake Elsinore animals. The Animal Control Officers will be serving the City of Lake Elsinore 16 hours per day, 5 days per week, as well as, after hours, weekends and emergency calls.

Within this program, Contractor shall perform the following specific functions:
a. Enforcement: Enforce all applicable provisions of the Lake Elsinore Municipal Code (Animal Control) and the Southwest Communities Financing Authority (SCFA) Memorandum of Understanding as it applies to sheltering requirements, as it exists during the term of this Agreement, including but not limited to: issuing of warning notices or citations as necessary for violations of such Ordinances. In the event, the City Municipal Code is amended, and such amendments would substantially alter the duties and responsibilities of Contractor under this Agreement, the parties hereto agree to meet and in good faith re-negotiate those terms and conditions of this Agreement affected by such amendments.
b. Sheltering: Animals are to be sheltered exclusively at the Southwest Animal Shelter in accordance with Southwest Communities Financing Authority (SCFA) standards. c. Impound: Impound all animals caught at large and collect all impound fees assessed on behalf of the City; accept stray animals brought in by private citizens; provided, however, that identified, vaccinated, spayed, or neutered cats shall be released as required by the Lake Elsinore Municipal Code.
d. Quarantine: Quarantine as prescribed by law all animals suspected to be rabid. e. Complaint Investigation & Resolution: Investigate and pursue action on complaints and/or reports of potential violations of Municipal Code relating to animals, including unnecessary noise, in accordance with such procedures adopted by the City; respond to requests from the City Code Enforcement Department, County Fire Department, and contract law enforcement provider for assistance with animal related situations. f. Dead Animals: Remove dead animals from the public right-of-way within the City of Lake Elsinore limits and from other areas upon request.
g. Potentially Dangerous/Vicious Animals: In accordance with the City of Lake Elsinore Municipal Code, identify potentially dangerous and/or vicious animals and initiate the administrative or legal process for their control.
h. Trapping & Removal: As limited by subsection (b), “Sheltering”, respond to requests for assistance in the trapping and removal of domestic or wild animals, including coyotes, skunks, and possums, from public or private property. Contractor will offer advice in setting a trap in any enclosed space and will remove belongings or will maintain on-premises surveillance unless in the Officer’s or his or her Supervisor’s opinion there is a direct, clear and present danger to human life or injury. Identified cats will be released as required by City of Lake Elsinore Municipal Code. Contractor will provide traps but will not be required to provide vector control. Contractor shall charge a fee for traps as set out in the City’s Animal Control Fee Schedule as approved by Council action. 2 Animal Friends of the Valleys May 22, 2025 i. Dog Licensing: Contractor shall implement a comprehensive licensing program including conducting dog license inspections. Area-wide canvassing will be conducted as part of the field service activity. Contractor shall administer the current licensing provision of the City of Lake Elsinore Municipal Code.

1. Dog licenses shall be issued by mail, at the Animal Shelter, at vaccination clinics and by Animal Control Officers in the field. Contractor shall send renewal notices by mail to owners of currently licensed dogs and shall send an application for licensing when requested by owners.

2. Contractor shall, at Contractor’s expense, provide the forms and tags for such licenses and shall affix a professionally prepared sign at the Animal Shelter stating applicable fees for licensing for the City of Lake Elsinore.

3. Contractor shall collect all license fees and penalties on behalf of the City of Lake Elsinore, issue receipts for all such fees collected and keep copies thereof. The remaining license revenue collected will be applied to the budget for City services under this Agreement. Revenue shortfalls, below the estimate, will be the responsibility of Animal Friends of the Valleys, Inc.

4. All Administrative citation revenue will be remitted to Animal Friends of the Valleys on a quarterly basis.

5. Contractor shall pursue collection and/or prosecution, if appropriate, to recover any fraudulent, delinquent, or worthless payment received as payment for dog licenses issued, including penalties.

6. Contractor shall cancel any dog license issued for which invalid payment was received and give notice of such cancellation to the license.

7. Contractor shall maintain such records in such form as required by the City’s Finance Director to provide for proper cash management and for review and audit of the monies collected. Contractor shall furnish the City a monthly report detailing the licensing activities.

8. Contractor shall ensure microchipping in compliance with the Lake Elsinore Municipal Code once an anticipated City Ordinance is adopted relating to microchipping.
j. Animal Bites: Investigate reported animal bites. Contractor may initially receive animal bite reports by telephone, but also shall respond in person to all reported bites by dogs or other suspected rabid or wild animals. Contractor shall take appropriate steps consistent with the circumstances of each separate incident to locate and quarantine the suspected animal(s) and/or assist the complained and/or injured party or parties to trap the suspected animal(s).
k. Disposition of Unclaimed Animals: After notice and hearing as required, provide euthanasia service in a humane manner in accordance with procedures approved by the City Manager for unlicensed animals held for five (5) days and licensed animals held ten (10) days or more, if these animals are not reclaimed by their owner and are deemed unsuitable by the Officer for adoption.
l. Clinics: Make all necessary arrangements and conduct at least two (2) one-day clinics for at costs rabies vaccinations. At cost rabies vaccination shall be eight dollars and no cents ($8.00). The clinic must be open to Lake Elsinore residents. m. Field Services: Assign two (2) service Officers appointed as Animal Control Officer.

Routine field services will be provided as necessary within the hours limitation of this Agreement. The number of hours per week include, but are not limited to, routine mobile patrols, investigative and rescue time, court appearances and impoundment of dangerous, wild, injured, or loose animals. Contractor shall always assign a sufficient number of field services employees to duty to meet the needs of this Agreement. Contractor shall provide service of twelve (16) hours per day during such hours as 3 Animal Friends of the Valleys May 22, 2025 approved by the City Manager. Telephone service for members of the public shall be not less than eight (8) hours per day on a schedule approved by the City Manager. Emergency response shall be available twenty-four (24) hours per day, seven days per week as described in subparagraph (n). Contractor shall advise fire and law enforcement authorities serving the City of Lake Elsinore of the telephone numbers to access its services and shall cooperate with such authorities in developing the procedures necessary to provide after hour services.
n. After-Hours: Provide a field service person either on duty or on call after regular hours as necessary to respond to emergency calls. The City and Contractor agree that any incident reported to Contractor or City staff, through the fire or law enforcement provider involving a dangerous, wild, or stray injured animal, constitutes an emergency and requires immediate action by Contractor. When the City Manager or his/her designee has reason to believe that an animal control emergency exists, the City Manager or his/her designee shall notify Contractor and request a prompt response. If Contractor fails to respond to such request within a reasonable time or fails to respond at all, the City shall request, in writing, that Contractor send to the City a written explanation giving the reason(s) for the delay in responding or the failure to respond. Contractors written explanation shall be submitted to the City Manager within two (2) working days from the date of the request for emergency service. This Agreement and the provisions herein shall not be construed to limit the interpretation of what constitutes an emergency and/or the need for a priority response. The following examples are illustrative of the need for an immediate response from the Contractor:

1. Request to remove a wild, dangerous or injured animal or animal(s) from an inhabited place or vehicle;

2. Reported animal bites involving loose animals; and,

3. Livestock, fowl, or game birds being attacked or killed by dogs, other animals or humans.
o. Public Relations: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures not withstanding, Contractor in processing any type of complaint or request for service will indicate to the caller when a response can be expected from Contractor and how Contractor will respond.

In the event an in-person response is appropriate to the specific situation, Contractor shall make such response by the end of the following business day. This provision shall be subordinate to shorter time limits specified elsewhere in this Agreement. p. Complaints Regarding Service: Cooperate with the City of Lake Elsinore to resolve any and all complaints filed with Contractor and/or the City pertaining to services provided under this Agreement. The City shall submit to Contractor, in writing, all complaints filed with the City concerning services provided by Contractor under this Agreement. Contractor shall report monthly, in writing, to the City the number of complaints received by Contractor directly or indirectly through the City pertaining to quality of service(s) under this Agreement.
q. Legal: Coordinate with the City and City Attorney any inspection warrant, impounds, or potential dangerous/vicious animal hearings or court actions. r. Records: Maintain and keep timely, complete, and accurate records of the receipt and disposition of all animals delivered into its custody. Contractor will file a report with the law enforcement provider within twenty-four (24) hours if an impound animal is missing or suspected to have been stolen. Contractor shall indicate on the Police report the circumstances of the animal’s disappearance and make available to the City Manager the designated report or file number.
4 Animal Friends of the Valleys May 22, 2025 s. Communications Equipment: Contractor agrees to provide radio equipment and frequency as necessary for effective performance of its obligations hereunder and in order to provide law enforcement back-up for its field personnel.
t. Other Equipment: Contractor shall provide and pay for all vehicle(s) and equipment necessary for the performance of this Agreement and shall be responsible for maintenance of such vehicle(s) and equipment, including the installation and removal of the paging or radio equipment described in Paragraph (s) of this section. Contractor shall be responsible for all costs relating to theft, vandalism, or destruction of said equipment by fire, accident, or intentional acts.
u. Personnel & Supplies: Contractor shall provide all personnel, supplies and equipment necessary for the efficient and effective operation of the Animal Shelter and animal control services and programs provided for herein, including, but not limited to Animal Control Officers, clerical staff, license tags and forms, citation forms, notices, and all necessary stationery, envelopes, and postage. Animal Control Officers will complete the required training in accordance with Penal Code 832 or its equivalent, and such other training as may be required by law, before being issued a badge and given the authority to perform Animal Control duties. Humane Officers will complete the required training in accordance with Corporations Code 14502.
v. Attendance At Meetings: Provide input and coordination on amendment of City animal control fees and ordinances and shall attend City Council and other City meetings as required or requested to do so.

1. Contractor’s Executive Director and the City Manager and/or his designee shall meet not less than quarterly to discuss Agreement performance. w. Reporting: Contractor shall provide and maintain on file or within records all reporting regarding statistics and services related to services provided per this Agreement and provide any reports requested by the City as outlined below, but not limited to:

1. Contractor shall furnish the City monthly reports detailing shelter, field, licensing, and identification activities, including a summary of the utilization of field service employees’ hours as required and outlined in the Scope of Services and any legal notifications and requirements as outlined in Section (q).

2. Contractor shall maintain and keep records of all expenditures and obligations incurred pursuant to this Agreement and all income and fees received according to generally recognized accounting principles. Such records shall be maintained by Contractor for a minimum of four (4) years following the termination of this Agreement unless a lesser period is approved, in writing, by the City Manager. The records and/or animal control operations of Contractor shall be open to inspection and audit by the City or its authorized representative as is deemed necessary by the City upon reasonable notice to Contractor.

Contractor shall provide the City a copy of Contractors full Annual Financial Statement immediately upon completion thereof, but in no case later than six (6) months after the close of each fiscal year.
x. Continuing Programs: Contractor shall implement and maintain the following programs on a continual basis during the term of this Agreement:

1. Public School presentations

2. Spay/Neuter/Microchip subsidy programs for low-income City of Lake Elsinore citizens when funds are available.

3. Cable television, website and social media announcements, information, and educational messages.

4. Ordinance review and changes aimed at ending pet overpopulation.

5. Animal Rescue Plan for domestic animals during a disaster. 5 Animal Friends of the Valleys May 22, 2025

6. Animal Control Officer services.

7. A future microchipping program, once adopted by the Lake Elsinore City Council.
y. Policy & Procedure Consultation: Contractor shall consult with the City and on any policy/procedure that affects Lake Elsinore animals, which shall be approved by the City Manager prior to implementation.
z. License Fees: Contractor shall charge License Fees for dogs within the City as follows:

1. Altered dogs $15.00 for 1 year.

2. Altered dogs $20.00 for 2 years.

3. Altered dogs $25.00 for 3 years.

4. Unaltered dogs $200.00 for 1 year.

5. Unaltered dogs $400.00 for 2 years.

6. Unaltered dogs $600.00 for 3 years
Late Payment Penalty Fee: $20.00 per license
Special rates for Senior citizens of Lake Elsinore:

1. Altered dogs $8.00 for 1 year.

2. Altered dogs $10.00 for 2 years.

3. Altered dogs $12.00 for 3 years.

Late Payment Penalty Fee:

Altered D
6 Animal Friends of the Valleys May 22, 2025 Payment Rates and Schedule

FISCAL YEAR CPI ADJUSTMENT (NOT
TO EXCEED 2.5%)1

MONTHLY AMOUNT
(NOT TO EXCEED)
ANNUAL

AMOUNT NOT TO
EXCEED
2025-2026 NOT APPLICABLE $22,614.71 $271,376.52
2026-2027 NOT TO EXCEED 2.5%.

CALCULATED WITH CPI

ADJUSTMENT NOT TO
EXCEED $23,180.08 $278,160.96
2027-2028 NOT TO EXCEED 2.5%.

CALCULATED WITH CPI

ADJUSTMENT, NOT TO
EXCEED $23,759.58 $285,114.96
TOTAL AGREEMENT AMOUNT SHALL NOT EXCEED $834,652.44
1 The CPI adjustment shall be calculated as the percentage change in the Annual Consumer Price Index for Urban and Clerical Workers (CPI-W) for all items in Riverside-San Bernardino- Ontario, CA for the prior calendar year as compared to the Annual CPI-W of two calendar years prior not exceed 2.5%. If the CPI adjustment is negative, the monthly/annual amount shall not be reduced from the previous Fiscal Year.
11)
Change Order #1 to the Public Works Agreement for the Fire Suppression System in the New City Hall Project (CIP Project No. Z20006)
Approve and authorize the City Manager to negotiate and approve a change order to the agreement between Cal State Fire Protection and the City of Lake Elsinore in an amount not to exceed $117,996.97 for expanding the fire suppression system in the building.

Authorize the City Manager to execute the change order, subject to approval as to form by the City Attorney.

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