1 0
0 6
request, the City would establish a rate and method of apportionment and authorize the levy of special taxes on the taxable property within Annexation Area No. 10 to pay for those services.
Annexation Area No. 10 would have a maximum annual tax of $5,234 per acre. This tax rate includes a Maximum Special Tax A of $3,588 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (contingent) of $1,646 per acre per year and would be included in CFD No. 2017-1 as “Tax Zone 10.” The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The attached CFD maintenance site plan exhibit is to illustrate which services are being maintained by the CFD.
The Owner has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Owner has submitted a “Consent and Waiver” form on file in the City Clerk’s Office which authorizes the City to (1) hold the election and declare election results (2) shorten election time requirements, (3) waive analysis and arguments, and (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.
The next step to annex TPM 37380 into CFD 2017-1 is to publish a notification of the proposed annexation along with the resolution of intention and boundary maps of the proposed annexation area. A public hearing on the matter would take place on September 21, 2022, and at that time the City Council would formally consider approval of the Annexation No. 10.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The individual property owners in the CFD would be responsible for annual payments of special taxes. It is estimated, upon full completion of the tract development, that there would be an annual collection of special tax revenues of approximately $12,988, not including Contingent Tax B, to be used to pay for maintenance costs.
On June 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD, would be subject to the special tax for the ensuing fiscal year. If the anticipated costs of maintaining the facilities in any given fiscal year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.
All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development would be financed through special taxes levied on the parcels within CFD No. 2017-1 and not through the City’s General Fund.
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 2
Menifee Mayor and City Council
August 17, 2022
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City of Menifee Staff Report
CFD 2017-1 Annex 10 - Harvest Glen
August 17, 2022
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ATTACHMENTS
1. Project Location Map
2. Resolution of Intention and Exhibits
3. CFD Maintenance Site Plan Exhibit
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 3
Menifee Mayor and City Council
August 17, 2022
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CFD NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 10
PROJECT MAP
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 4
Menifee Mayor and City Council
August 17, 2022
Page
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1 RESOLUTION NO. 22- _
A RE
SOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES) OF THE CITY OF MENIFEE,
ADOPTING A MAP OF THE AREA PROPOSED TO BE
ANNEXED (ANNEXATION NO. 10) AND AUTHORIZING THE
LEVY OF SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on November 1, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) approved Resolution No. 17-654 es tablishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1 ") for the purpose of levying special taxes on parcels of taxable property therein, which taxes would be used to provide c ertain services necessary to meet increas ed demands placed upon the City by development; and
WHEREAS, the City Council has received a written instrument to initiate and conduct proceedings pursuant to the Act, to annex territory into CFD No. 2017-1 and to c onsent to the shortening of election time requirements, waiving of analysis and arguments, and waiving of all notice r equirements relating to the conduct of the election; and WHEREAS, the City Council has been advised that certain property owners have requested that the area described in Exhibit A be annexed territory into the boundaries of CFD No. 2017-1, and that a rate and method of apportionment of the special tax to be levied therein be established.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, DETERMINE AND ORDER AS F OLLOWS:
Section 1. Intent to Annex. The City Council, acting as the legislative body of the CFD No. 2017-1 hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 of the Act for the annexation into the CFD No. 2017-1 of the territory described in Exhibit A attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to CFD No. 2017-1.
Section 2. Name of the Community Facilities District. The existing community facilities district is known as “Community Facilities District No. 2017-1 (Maintenance Services).” Section 3. Description of Territory Included in Existing CFD No. 2017-1 . The boundaries of the territory currently included in the CFD No. 2017-1 are described and shown on that certain map entitled "Propos ed Boundary Map – Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee, County of Rivers ide, State of California", as recorded on November 7, 2017 in Book 81 of Maps of Asses sment and Community Facilities Districts, at
Riverside, as amended by the following:
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 5
Menifee Mayor and City Council
August 17, 2022
Page
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2 Section 4. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed is included within the boundaries within which property may annex to CFD No. 2017- 1 and is more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California,” as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 70, and as Document No. 2017- 0465707 in the official records of the County of Riverside. The territory proposed to be annexed to the CFD No. 2017-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 10, Community Facilities District No. 2017-1 (Maintenance Services), City of Menifee, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.
Section 5. Description of Authorized Services. The services proposed to be financed by the territory proposed to be annexed to the CFD No. 2017- 1 (the “Services”) are the same as those services authorized to be financed by the existing territory in the CFD No. 2017 -1 and are described in Exhibit B attached hereto. The cost of providing the Services includes “Administrative Expenses,” which include costs associated with the creation of CFD No. 2017-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2017 -1. The Services authorized to be financed by CFD No. 2017-1 are in addition to those currently provided in the territory of CFD No. 2017-1 and do not supplant Services already available within that territory.
Section 6. Plan for Providing Services. The Services will be provided within the territory proposed to be annexed to the CFD No. 2017-1 and the existing territory in the CFD No. 2017-1 on the same basis.
Section 7. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including Administrative Expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017- 1, will be levied annually within the territory proposed to be annexed to the CFD No. 2017-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit C.
Section 8. No Alteration of the Special Tax Levied in the Existing CFD No. 2017 -1. The City Council does not propose to alter the special tax rate levied within the existing territory in the CFD No. 2017-1.
Section 9. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2017 -1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of t he Annexation map in his or her office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 7 hereof.
Section 10. Public Hearing. The City Council hereby fixes 6:00 p.m., or as soon thereafter as practicable, on Wednesday, September 21, 2022 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the area depicted on the Annexation Map and described in Exhibit A hereto territory to the CFD No. 2017-1.
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 6
Menifee Mayor and City Council
August 17, 2022
Page
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3 Section 11. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2017-1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53339.4 of the Act.
Section 12. Mailing Ballots. In anticipation of its action on Wednesday, September 21, 2022, to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2017-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.
Section 13. Authorization to Take Action. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
Section 14. Effective Date. This Resolution shall take effect immediately upon its adoption.
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 7
Menifee Mayor and City Council
August 17, 2022
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4 PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this 17th day of August, 2022.
ATTEST: APPROVED:
Stephanie Roseen, Acting City Clerk Bill Zimmerman, Mayor APPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 8
Menifee Mayor and City Council
August 17, 2022
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EXHIBI
T A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Menifee Community Facilities District No . 2017-1 (Maintenance Services) (the “CFD No. 2017-1”) Annexation No. 10 is currently comprised of one parcel, located within the City boundaries. The property is identified by the following Riverside County Assessor's Parcel Number (APN).
Assessor Parcel Number(s)
Owner
Name
327-320-028 Briggs & 74, LLC
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 9
Menifee Mayor and City Council
August 17, 2022
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EXHIBI
T B
DESCRIPTION OF AUTHORIZED SERVICES
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 10
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August 17, 2022
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City of Menifee 12
Community Facilities District No. 2017-1 (Maintenance Services)
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
Th
e services which may be funded with proceeds of the special tax of CFD No. 2017-1 , as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right -of-way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b
) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right -of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and (c) pu
blic street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017-1 ; and any portions adjacent to the properties within CFD No. 2017-1; and In
addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services may be financed by p roceeds of the special tax of CFD No. 2017 -1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created or those provided in the territory annexed to CFD No. 2017 -1 before the territory was annexed, as applicable.
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 11
Menifee Mayor and City Council
August 17, 2022
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EXHIBI
T C
RATE AND METHOD OF APPORTIONMENT
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 12
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August 17, 2022
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2017‐1 (Maintenance Services) (the “CFD No. 2017‐1” or “CFD”; defined below), in each Fis cal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2018, in an amount determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2017‐1, by applying the rate and method of apportionment set forth below. All of the real prope rty in CFD No. 2017‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the la
nd area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, a
nnexation, and administration of CFD No. 2017‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2017‐1, or any design ee thereof associated with fulfilling the CFD No. 2017‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2017‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annu al administration fees including payment of a proportional share of City overhead and salaries and benefits of any City employees whose duties are related to the administration of CFD No. 2017‐1 and third party expenses related to CFD No. 2017‐1. Administrative Expenses shall also include amounts estimate d or advanced by the City or CFD No. 2017‐1 for any other administrative purposes of CFD No. 2017‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of Menifee, or his or her designee. “Approve
d Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 pr eceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“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 identification number assigned to a parcel by the County Assessor of the County.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 13
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 2 construction building per mit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Non‐Residential Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and e nding the following December 31.
“CFD” or “CFD No. 2017‐1” means the City of Menifee Community Facilities District No. 2017‐1 (Maintenance Services).
“City” means the City of Menifee.
“Contingent Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017‐1 as set forth in the docu
ments adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners’ Association fails to ad
equately provide such services.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levie d.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“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 condomi
nium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Ta x is being levied. “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax A, as determined in accordance with Section C below that can be levie d on such Assessor’s Parcel in such Fiscal Year.
“Maximum Special Tax B (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 14
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August 17, 2022
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 3 “Multi‐Fa mily Residential Property” or “MFR” means any Assessor’s Parcel of Residential Property upon which a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit are constructed or are intended to be constructed. “Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a buildi ng permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” mean
s for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all 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 Parcels of Approved Property, and (iii) Undeve
loped Property that the ratio of the actual Special
Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property.
“Residential Unit” or "RU" means a residential unit that is used or inte nded to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which Residential Units have been constructed or are intended to be constructed or for which building permits have been or may be issued for pur poses of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017‐1 as set forth in the documents adopted by the City Council at the tim e the CFD was formed. “Single Family Residential Property” or “SFR” means any Residential Property other than Multi‐Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be le
vied in each Fiscal Year on each Assessor’s Parcel of
Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone that amount to be collected in any Fiscal Year to pay for certai n costs as required to meet the needs of such Tax Zone within CFD No. 2017‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) main
tenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
“Special Tax B (Con
tingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required.
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 15
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August 17, 2022
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 4 “Special Tax B (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2017‐1, which are not Exempt Property.
“Taxable Unit” means a Residential
Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2017‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii)
identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2017‐1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non‐Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐ Family Residential Property and the number of Residential Units shall be determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 16
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 5 Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $158
Multi‐Family Residential Property RU $158
Non‐Residential Property Acre $1,714
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 2 below:
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 17
Menifee Mayor and City Council
August 17, 2022
Page
119 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 6 TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $158
Multi‐Family Residential Property RU $158
Non‐Residential Property Acre $1,714
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 36299‐1
& PM 9504 Acre $1,515
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 18
Menifee Mayor and City Council
August 17, 2022
Page
120 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 7 (i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $0
Multi‐Family Residential Property RU $0
Non‐Residential Property Acre $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐ 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 5 below:
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 19
Menifee Mayor and City Council
August 17, 2022
Page
121 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 8 TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $0
Multi‐Family Residential Property RU $0
Non‐Residential Property Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐ 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 36299‐1
& PM 9504 Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2018‐19 and for each following Fiscal Year, the City Council shall determine the Special Tax A Requirement for each Tax Zone and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax A equals the Special Tax A Requirement for such Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A
shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 20
Menifee Mayor and City Council
August 17, 2022
Page
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 9 Property at up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with the first Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B (Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Special Tax B (Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B (Contingent) Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax B (Contingent) Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2017‐1 from time to time. As each
annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services to such properties. Based on this analysis, any properties to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned the appropriate Maximum Special Tax rates for the Tax Zone when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2017‐1, all Assessor’s; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which are in use in the performance of a public function as determined by the Administrator.
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 21
Menifee Mayor and City Council
August 17, 2022
Page
123 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 10 H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator of CFD No. 2017‐1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
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. 2017‐1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 22
Menifee Mayor and City Council
August 17, 2022
Page
124 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 11 APPENDIX A
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2022‐23. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2017‐1 Tax Zone 10.
TAX ZONE 10 (SERVICES)
TPM 37380
Item Description Estimated Cost
1 Landscaping $7,671
2 Lighting $923
3 Streets $1,882
4 Drainage $362
5 Reserves $931
6 Administration $1,219
Total $12,988
Special Tax B Contingent Services – The estimate breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017‐1 Tax Zone 10.
TAX ZONE 10 (CONTINGENT SERVICES)
TPM 37380
Item Description Estimated Cost
1 Drainage $4,614
2 Reserves $461
3 Administration $885
Total $5,960
TAX ZONE 10
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Developed Acre $3,588 $1,646
Approved Acre $3,588 $1,646
Undeveloped Acre $3,588 $1,646
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 23
Menifee Mayor and City Council
August 17, 2022
Page
125 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 12 MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Tax
Zone
Fiscal
Year
Included Tract
No. of
Taxable
Units
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
1 2018‐19 36299‐1 & PM
9504
426 SFR RU $158 $0 Stark Menifee Land, LLC
548 MFR RU $158 $0 Stark Menifee Land, LLC &
Menifee Multifamily, LLC
27.68 NR Acre $1,714 $0 Several
2 2020‐21 TR 37576 65 SFR RU $539 $43 Meritage Homes 3 2020‐21 TR 28859 161 SFR RU $727 $0 Woodside O5S 4 2020‐21 TTM 31098 258 SFR RU $878 $0 Lennar Homes of California, Inc.
5 2020‐21 TTM 36852 68 SFR RU $755 $151 Strata Holland, LLC 6 2021‐22 TTM 37668 175 SFR RU $765 $295 Meritage Homes of California, Inc.
7 2022‐23 TTM 31456 176 SFR RU $996 $0 RCFC Investments, LLC 8 2021‐22 TR 32102 & TR
32102‐1 256 SFR RU $674 $0
Diamond Brother Five
Partnership, LP and Pulte
Home Company, LLC
9 2021‐22 TTM 37400 174 SFR RU $703 $0 D.R. Horton Los Angeles Holding Company, Inc.
10 2022‐23 TPM 37380 3.62 NR Acre $3,588 $1,646 Briggs & 74, LLC 11 2022‐23 TR 31194 466 SFR RU $906 $23 Golden Meadowland LLC & Golden Hill Country, LLC
12 2022‐23 TR 37408 & TR
37409 1,022 SFR RU $963 $5 BLC Fleming LLC
13 2022‐23 TR 36803 80 SFR RU $556 $171 FPG Sun Menifee 80 LLC 14 2022‐23 TR 32628 303 SFR RU $281 $45 FPG Tricon Menifee Property LLC
15 2022‐23 PLN 20‐0167 9.92 MFR/NR Acre $3,865 $2,375 Boulders Menifee LLC 16 2022‐23 LLA 17‐007 12.48 MFR Acre $3,273 $2,119 Jefferson Menifee, LLC ESCALATION OF MAXIMU
M SPECIAL TAXES
On each July 1, commencing on July 1, 2019 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 24
Menifee Mayor and City Council
August 17, 2022
Page
126 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 13 APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017‐1; as well as local roads within residential subdivisions located within CFD No. 2017‐1; and any portions adjacent to the properties within CFD
No. 2017‐1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services may be financed by proceeds of
the special tax of CFD No. 2017‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017‐1 before CFD No. 2017‐1 was created or those provided in the territory annexed to CFD No. 2017‐1 before the territory was annexed, as applicable.
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 25
Menifee Mayor and City Council
August 17, 2022
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EXHIBIT D
ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 26
Menifee Mayor and City Council
August 17, 2022
Page
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BRIGGS RD
·|}þ74
327-320-028
ANNEXATION MAP NO. 10
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES)
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEETTHIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY O F R I V E R S I D E , S T A T E O F C A L I F O R N I A .
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
NOVEMBER 7, 2017 IN BOOK 81 OF MAPS OF ASSESSMENT
A N D C O M M U N I T Y F A C I L I T I E S D I S T R I C T A T P A G E 6 9 A N D A S I N S T R U M E N T NO . 2 0 1 7 - 0 4 6 5 7 0 6 I N T H E O F F I C E O F T H E
COUNTY RECORDER OF THE COUNTY OF RIVERSIDE,
S T A T E O F C A L I F OR N I A .
FILED THIS ____ DAY OF _______________, 20____ AT
THE HOUR OF ____ O'CLOCK __M IN BOOK _____
OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
D I S T R I C T S A T P A G E _ _ _ _ _ _ I N T H E O F F I C E O F T H E
COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA.
FEE: _____________ NO.: ______________________
PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
BY: _______________________________
DEPUTY
CFD 2017-1
TAX ZONE 10
^_·|}þ74·|}þ74
§¨¦215
§¨¦15
·|}þ79
MENIFEE
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR
PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS
CONCERNING THE LINES AND DIMENSIONS OF LOTS OR
PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2022-23. -
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE
CITY COUNCIL OF THE CITY OF MENIFEE AT A REGULAR
MEETING THEREOF, HELD ON ______ DAY OF ______,
20____,
BY ITS RESOLUTION NO. _______________
___________________________________
CITY CLERK
C IT Y OF MENIF EE
FILED IN THE OFFICE OF THE CITY CLERK, CITY OF MENIFEE, THIS _______ DAY OF _________________, 20___.
___________________________________
CITY CLERK
C IT Y OF MENIF EE
LEGEND
ANNEXATION AREA BOUNDARY
PARCEL LINE
CITY BOUNDARY
XXX-XXX-XXX ASSESSOR PARCEL NUMBER
10 TAX ZONE
10 Item Title: 10.6 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 27
Menifee Mayor and City Council August 17, 2022 Page 129 of 734
Item Title: 10.6 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 28
Menifee Mayor and City Council August 17, 2022 Page 130 of 734
EXHIBIT E
PETITION
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 29
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August 17, 2022
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Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 30
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August 17, 2022
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Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 31
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August 17, 2022
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Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 32
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August 17, 2022
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Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 33
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August 17, 2022
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Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 34
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Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 35
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August 17, 2022
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Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 36
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Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 37
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Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 38
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August 17, 2022
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Item Title: 10.6 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 39
Menifee Mayor and City Council August 17, 2022 Page 141 of 734
Item Title: 10.6 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 40
Menifee Mayor and City Council August 17, 2022 Page 142 of 734
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 41
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Item Title: 10.6 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 42
Menifee Mayor and City Council August 17, 2022 Page 144 of 734
EXHIBI
T F
NOTICE OF PUBLIC HEARING
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 43
Menifee Mayor and City Council
August 17, 2022
Page
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NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 10)
NOTICE IS HEREBY GIVEN that the City Council of the City of Menifee on August 17, 2022 adopted its Resolution No. 2022-__, in whic h it declared its intention to annex territory to existing Community Facilities District No. 2017-1 (Maintenance Services) (the "CFD No. 2017-1"), and to levy a special tax to pay for certain maintenance s ervices, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No c hange in the tax levied in the existing CFD No. 2017-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 6:00 p.m., or as soon thereafter as practicable, Wednesday, September 21, 2022 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will c onduct a public hearing on the annexation of territory to CFD No. 2017- 1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the September 21, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Gov
ernor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of Menifee (www.cityofmenifee.us), and outside of City Hall at 29844 Haun Road, Menifee, California 92586. A copy of the Agenda will be made available upon request to the Menifee City Clerk's office at 951-723-3471.
DATED: ____________, 2022 _________________________________________ City Clerk of the City of Menifee
PUB: ____________, 2022
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 44
Menifee Mayor and City Council
August 17, 2022
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EXHIBI
T G
BALLOT
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 45
Menifee Mayor and City Council
August 17, 2022
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CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 10
(September 21, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City of Menifee:
Name of Landowne
r Number of Acres Owned Total Votes
Briggs & 74, LLC 5.04 6
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annex ed to the CFD No. 2017-1, City of Menifee, County of Rivers ide, State of California. Please advis e the City Clerk, at (951) 672-6777 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This spec ial tax ballot may be used to express either s upport for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery:
Personal
Delivery:
If by mail, place ballot in the return envelope provided, and mail no later than September 7, 2022, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
If in person, deliver to the City Clerk at any time up to 5:00 p.m. on September 21, 2022, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 21, 2022.
Very truly yours,
Stephanie Roseen
Acting City Clerk
City of Menifee
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 46
Menifee Mayor and City Council
August 17, 2022
Page
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TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Briggs & 74, LLC
Attn: Daniel L. Stephenson
41391 Kalmia Street, Suite 200
Murrieta, CA 92562
327-320-028
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities Distric t No. 2017-1 (Maintenance Services) adopted by the City Council on August 17, 2022 (the “Resolution”), which is inc orporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 10 of Community Fac ilities District No. 2017-1 (Maintenance Serv ices) City of Menifee” to finance certain services as set forth in Section 5 to the Resolution (including incidental expenses), and shall an appropriation limit be es tablished for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of spec ial taxes collected? YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and cor
rect, and that this declaration is executed on ____________, 20__.
Briggs & 74, LLC
Daniel L. Stephenson
Manager
Signature
Print Name
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 47
Menifee Mayor and City Council
August 17, 2022
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MAINTENANCE EXHIBIT PLAN#17-122 07/27/2022
VICINITY MAP
PREPARED BY:
CITY OF MENIFEE CFDMAINTAINEDDEVELOPER INSTALLEDDEVELOPER MAINTAINEDDEVELOPER INSTALLEDCITY OF MENIFEEBRIGGS and 74
OWNER/APPLICANTDEVELOPER MAINTAINEDDEVELOPER INSTALLEDCITY OF MENIFEE MAINTAINEDDEVELOPER INSTALLED 6"X6" CONCRETESEPARATION CURBRIGHT OF WAY6"X6" CONCRETESEPARATION CURBWQMP BASINWQMP BASIN
DRIVEWAY
DRIVEWAY
DRIVEWAY
DRIVEWAY
INTERIM BASINSIDEWALK TYP.STREET LIGHT TYP.5 TOTAL
ON-SITE STORM DRAINNAP TYP.
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 10, Harvest Glen Marketplace Item Page Number: 48
Menifee Mayor and City Council
August 17, 2022
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CITY OF MENIFEE
SUBJECT: Resolution of Intention for Community Facilities District 2017- 1, Annexation No. 14, Adler Ranch
MEETING DATE: August 17, 2022
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the petition of FPG Tricon Menifee Property LLC, Tract Map No. 32628 located east of I-215 at the southeast intersection of Antelope Road and Craig Avenue to annex into Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1” or “CFD”) as Annexation Area No. 14; and
2. Adopt a resolution of intention to add Annexation Area No. 14 into CFD No. 2017-1, to authorize the levy of special tax therein to finance certain maintenance services, and to set a public hearing for September 21, 2022.
DISCUSSION
On December 6, 2017, the City Council adopted Resolution No. 17-658, establishing CFD No. 2017-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”).
CFD No. 2017-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City.
FPG Tricon Menifee Property LLC (“Owner”) is the owner of Alder Ranch, Tract Map No. 32628 (“TR 32628”), which consists of approximately 28.40 gross acres of a vacant residential property.
The property is located east of I-215 at the southeast intersection of Antelope Road and Craig Avenue, as shown in the attached project location map.
The Owner has requested the City’s assistance in annexing TR 32628 into CFD 2017-1 to cover the costs associated with the maintenance of public improvements. The area proposed for annexation would be designated “Annexation No. 14,” and would include property within TR 32628, covering 303 multi-family residential units. Per the Owner’s request, the City would Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 1
Menifee Mayor and City Council
August 17, 2022
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City of Menifee Staff Report
CFD 2017-1 Annex 14 - Adler Ranch
August 17, 2022
1 0
9 9
establish a rate and method of apportionment and authorize the levy of special taxes on the taxable property within Annexation Area No. 14 to pay for those services.
Annexation Area No. 14 would have a maximum annual tax of $326 per unit. This tax rate includes a Maximum Special Tax A of $281 per unit per year for maintenance services of public facilities and a Maximum Annual Special Tax B (contingent) of $45 per unit per year and would be included in CFD No. 2017-1 as “Tax Zone 14.” The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The attached CFD maintenance site plan exhibit illustrates which services are being maintained by the CFD.
The Owner has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Owner has submitted a “Consent and Waiver” form on file in the City Clerk’s Office which authorizes the City to (1) hold the election and declare election results (2) shorten election time requirements, (3) waive analysis and arguments, and (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.
The next step to annex TR 32628 into CFD 2017-1 is to publish a notification of the proposed annexation along with the resolution of intention and boundary maps of the proposed annexation area. A public hearing on the matter would take place on September 21, 2022, and at that time the City Council would formally consider approval of Annexation No. 14.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The individual property owners in the CFD would be responsible for annual payments of special taxes. It is estimated, upon full completion of the tract development that there would be an annual collection of special tax revenues of approximately $85,084 not including Contingent Tax B, to be used to pay for maintenance costs.
On June 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD, would be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given fiscal year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.
All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development would be financed through special taxes levied on the parcels within CFD No. 2017-1 and not through the City’s General Fund.
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 2
Menifee Mayor and City Council
August 17, 2022
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City of Menifee Staff Report
CFD 2017-1 Annex 14 - Adler Ranch
August 17, 2022
1 0
9 9
ATTACHMENTS
1. Project Location Map
2. Resolution of Intention and Exhibits
3. CFD Maintenance Site Plan Exhibit
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 3
Menifee Mayor and City Council
August 17, 2022
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WILLOWOOD
WAY
TWILIGHTVISTADR
ROUGE
LN
GARBANI RD
HALEBLIAN
RD
ANTELOPE
RD
MISSION DR M
ENIFEE
RDHAUN
RD
CRAIG AVEPLEASANT
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§¨¦215
CFD NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 14
PROJECT MAP
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 4
Menifee Mayor and City Council
August 17, 2022
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1 RESOLUTION NO. 22-___
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 201 7-1
(MAINTENANCE SERVICES) OF THE CITY OF MENIFEE,
ADOPTING A MAP OF THE AREA PROPOSED TO BE
ANNEXED (ANNEXATION NO. 14) AND AUTHORIZING THE
LEVY OF SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on November 1, 2017, the City Counc il (the “City Council”) of the City of Menifee (the “City”) approved Resolution No. 17-6 54 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1") for the purpose of levy ing special taxes on parcels of taxable property therein, which taxes would be used to provide certain services necessary to meet increased demands placed upon the City by development; and
WHEREAS, the City Council has received a written instrument to initiate and conduct proceedings pursuant to the Act, to annex territory into CFD No. 2017-1 and to consent to the shortening of election time requirements, waiving of analysis and arguments, and waiving of all notice requirements relating to the conduct of the election; and WHEREAS, the City Council has been advised that certain property owners have requested that the area described in Exhibit A be annexed territory into the boundaries of CFD No. 2017-1, and that a rate and method of apportionment of the special tax to be levied therein be established.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Intent to Annex . The City Council, acting as the legislative body of the CFD No. 2017-1 hereby dec lares that it proposes and intends to c onduct proceedings pursuant to Article 3.5 of the Act for the annex ation into the CFD No. 2017-1 of the territory described in Exhibit A attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to CFD No. 2017-1.
Section 2. Name of the Community Facilities District. The existing community facilities district is known as “Community Facilities District No. 2017-1 (Maintenance Services).” Section 3. Description of Territory Included in Existing CFD No. 2017-1. The boundaries of the territory c urrently included in the CFD No. 2017-1 are described and shown on that certain map entitled "Propos ed Boundary Map – Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee, County of Riverside, State of California", as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at
Riverside, as amended by the following:
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 5
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August 17, 2022
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2 Section 4. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed is included within the boundaries within which property may annex to CFD No. 2017-1 and is more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California,” as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 70, and as Document No. 2017-0 465707 in the official recor ds of the County of Riverside. The territory proposed to be annexed to the CFD No. 2017-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 14, Community Facilities District No. 2017-1 (Maintenance Services), City of Menifee, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.
Section 5. Description of Authorized Services. The services proposed to be financed by the territory proposed to be annexed to the CFD No. 2017-1 (the “Services”) are the same as those services authorized to be financed by the existing territory in the CFD No. 2017-1 and are described in Exhibit B attached hereto. The cost of providing the Services includes “Administrative Expenses,” which include costs associated with the creation of CFD No. 2017-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2017-1. The Services authorized to be financed by CFD No. 2017-1 are in addition to those currently provided in the territory of CFD No. 2017-1 and do not supplant Services already available within that territory.
Section 6. Plan for Providing Services. The Services will be provided within the territory proposed to be annexed to the CFD No. 2017-1 and the existing territory in the CFD No. 2017-1 on the same basis.
Section 7. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including Administrative Expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017-1 , will be levied annually within the territory proposed to be annexed to the CFD No. 2017-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit C.
Section 8. No Alteration of the Special Tax Levied in the Existing CFD No. 2017-1. The City Council does not propose to alter the special tax rate levied within the existing territory in the CFD No. 2017-1.
Section 9. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2017-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his or her office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 7 hereof.
Section 10. Public Hearing. The City Council hereby fixes 6:00 p.m., or as soon thereafter as practicable, on Wednesday, September 21, 2022 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the area depicted on the Annexation Map and described in Exhibit A hereto territory to the CFD No. 2017-1.
Section 11. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 6
Menifee Mayor and City Council
August 17, 2022
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3 F, one time in a newspaper of general circulation published in the area of CFD No. 2017-1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53339.4 of the Act.
Section 12. Mailing Ballots . In anticipation of its action on Wednesday , September 21, 2022, to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2017-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.
Section 13. Authorization to Take Action. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
Section 14. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this 17th day of August, 2022.
A
TTEST: APPROVED:
Stephanie Roseen, Acting City Clerk Bill Zimmerman, Mayor A
PPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 7
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August 17, 2022
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Menifee Community Facilities District No . 2017-1 (Maintenance Services) (the “CFD No. 2017-1”) Annexation No. 14 is currently comprised of six (6) parcels, located within the City boundaries. The property is identified by the following Riverside County Assessor's Parcel Numbers (APNs).
Assessor Parcel Number(s) Owne r Name
372-050-037 FPG Tricon Menifee Propert y LLC
372-050-038 FPG Tricon Menifee Propert y LLC
372-050-039 FPG Tricon Menifee Propert y LLC
372-050-040 FPG Tricon Menifee Propert y LLC
372-050-041 FPG Tricon Menifee Propert y LLC
372-050-042 FPG Tricon Menifee Propert y LLC
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 8
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EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 9
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City of Menifee 12
Community Facilities District No. 2017-1 (Maintenance Services)
APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017- 1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right -of-way, public landscaping, public open spaces and other similar lan dscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right -of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as loc al roads within residential subdivisions located within CFD No. 2017- 1; and any portions adjacent to the properties within CFD No. 2017-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services may be financed by p roceeds of the special tax of CFD No. 2017 -1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created or those provided in the territory annexed to CFD No. 2017 -1 before the territory was annexed, as applicable.
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 10
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August 17, 2022
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EXHIBIT C
RATE AND METHOD OF APPORTIONMENT
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 11
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2017‐1 (Maintenance Services) (the “CFD No. 2017‐1” or “CFD”; defined below), in each Fis cal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2018, in an amount determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2017‐1, by applying the rate and method of apportionment set forth below. All of the real prope rty in CFD No. 2017‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the la
nd area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, a
nnexation, and administration of CFD No. 2017‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2017‐1, or any design ee thereof associated with fulfilling the CFD No. 2017‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2017‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annu al administration fees including payment of a proportional share of City overhead and salaries and benefits of any City employees whose duties are related to the administration of CFD No. 2017‐1 and third party expenses related to CFD No. 2017‐1. Administrative Expenses shall also include amounts estimate d or advanced by the City or CFD No. 2017‐1 for any other administrative purposes of CFD No. 2017‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of Menifee, or his or her designee. “Approve
d Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 pr eceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“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 identification number assigned to a parcel by the County Assessor of the County.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 12
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 2 construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Non‐Residential Property after issuance of a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2017‐1” means the City of Menifee Community Facilities District No. 2017‐1 (Maintenance Services).
“City” means the City of Menifee.
“Contingent Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation,
those services authorized to be funded by CFD No. 2017‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners’ Association fails to adequately provide such services.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being
levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“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 1352 that creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1 st of any year to and including the following June
30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax A, as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in
such Fiscal Year.
“Maximum Special Tax B (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 13
Menifee Mayor and City Council
August 17, 2022
Page
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 3 “Multi‐Family Residential Property” or “MFR” means any Assessor’s Parcel of Residential Property upon which a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit are constructed or are intended to be constructed.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building
permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all 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 Parcels of Approved Property, and (iii) 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 Parcels of Undeveloped Property.
“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 Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which Residential Units have been constructed or are intended to be constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” or “SFR” means any Residential Property other than Multi‐Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable
Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone that amount to be collected in any Fiscal Year to pay
for certain costs as required to meet the needs of such Tax Zone within CFD No. 2017‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
“Special Tax B (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required.
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 14
Menifee Mayor and City Council
August 17, 2022
Page
164 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 4 “Special Tax B (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2017‐1, which are not Exempt Property.
“Taxable Unit” means a Residential
Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2017‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii)
identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2017‐1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non‐Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐ Family Residential Property and the number of Residential Units shall be determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 15
Menifee Mayor and City Council
August 17, 2022
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 5 Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $158
Multi‐Family Residential Property RU $158
Non‐Residential Property Acre $1,714
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 2 below:
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 16
Menifee Mayor and City Council
August 17, 2022
Page
166 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 6 TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $158
Multi‐Family Residential Property RU $158
Non‐Residential Property Acre $1,714
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 36299‐1
& PM 9504 Acre $1,515
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 17
Menifee Mayor and City Council
August 17, 2022
Page
167 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 7 (i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $0
Multi‐Family Residential Property RU $0
Non‐Residential Property Acre $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐ 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 5 below:
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 18
Menifee Mayor and City Council
August 17, 2022
Page
168 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 8 TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $0
Multi‐Family Residential Property RU $0
Non‐Residential Property Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐ 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 36299‐1
& PM 9504 Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2018‐19 and for each following Fiscal Year, the City Council shall determine the Special Tax A Requirement for each Tax Zone and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax A equals the Special Tax A Requirement for such Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A
shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 19
Menifee Mayor and City Council
August 17, 2022
Page
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 9 Property at up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with the first Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B (Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Special Tax B (Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B (Contingent) Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax B (Contingent) Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2017‐1 from time to time. As each
annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services to such properties. Based on this analysis, any properties to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned the appropriate Maximum Special Tax rates for the Tax Zone when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2017‐1, all Assessor’s; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which are in use in the performance of a public function as determined by the Administrator.
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 20
Menifee Mayor and City Council
August 17, 2022
Page
170 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 10 H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator of CFD No. 2017‐1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
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. 2017‐1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 21
Menifee Mayor and City Council
August 17, 2022
Page
171 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 11 APPENDIX A
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2022‐23. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2017‐1 Tax Zone 14.
TAX ZONE 14 (SERVICES)
TR 32628
Item Description Estimated Cost
1 Landscaping $4,724
2 Lighting $1,661
3 Streets $6,060
4 Drainage $560
5 Parks $66,074
6 Graffiti $996
7 Reserves $870
8 Administration $4,139
Total $85,084
Special Tax B Contingent Services – The estimate breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017‐1 Tax Zone 14.
TAX ZONE 14 (CONTINGENT SERVICES)
TR 32628
Item Description Estimated Cost
1 Drainage $11,548
2 Reserves $1,155
3 Administration $885
Total $13,588
TAX ZONE 14
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Developed RU $281 $45
Approved RU $281 $45
Undeveloped Acre $2,996 $478
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 22
Menifee Mayor and City Council
August 17, 2022
Page
172 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 12 MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Tax
Zone
Fiscal
Year
Included Tract
No. of
Taxable
Units
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
1 2018‐19 36299‐1 &
PM 9504
426 SFR RU $158 $0 Stark Menifee Land, LLC
548 MFR RU $158 $0 Stark Menifee Land, LLC &
Menifee Multifamily, LLC
27.68 NR Acre $1,714 $0 Several
2 2020‐21 TR 37576 65 SFR RU $539 $43 Meritage Homes 3 2020‐21 TR 28859 161 SFR RU $727 $0 Woodside O5S 4 2020‐21 TTM 31098 258 SFR RU $878 $0 Lennar Homes of California, Inc.
5 2020‐21 TTM 36852 68 SFR RU $755 $151 Strata Holland, LLC 6 2021‐22 TTM 37668 175 SFR RU $765 $295 Meritage Homes of California, Inc.
7 2022‐23 TTM 31456 176 SFR RU $996 $0 RCFC Investments, LLC 8 2021‐22 TR 32102 &
TR 32102‐1 256 SFR RU $674 $0
Diamond Brother Five
Partnership, LP and Pulte
Home Company, LLC
9 2021‐22 TTM 37400 174 SFR RU $703 $0 D.R. Horton Los Angeles Holding Company, Inc.
10 2022‐23 TPM 37380 3.62 NR Acre $3,588 $1,646 Briggs & 74, LLC 11 2022‐23 TR 31194 466 SFR RU $906 $23 Golden Meadowland LLC & Golden Hill Country, LLC
12 2022‐23 TR 37408 &
TR 37409 1,022 SFR RU $963 $5 BLC Fleming LLC
13 2022‐23 TR 36803 80 SFR RU $556 $171 FPG Sun Menifee 80 LLC 14 2022‐23 TR 32628 303 SFR RU $281 $45 FPG Tricon Menifee Property LLC
15 2022‐23 PLN 20‐0167 9.92 MFR/NR Acre $3,865 $2,375 Boulders Menifee LLC 16 2022‐23 LLA 17‐007 12.48 MFR Acre $3,273 $2,119 Jefferson Menifee, LLC ESCALATION OF MAXIMU
M SPECIAL TAXES
On each July 1, commencing on July 1, 2019 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 23
Menifee Mayor and City Council
August 17, 2022
Page
173 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 13 APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017‐1; as well as local roads within residential subdivisions located within CFD No. 2017‐1; and any portions adjacent to the properties within CFD
No. 2017‐1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services may be financed by proceeds of
the special tax of CFD No. 2017‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017‐1 before CFD No. 2017‐1 was created or those provided in the territory annexed to CFD No. 2017‐1 before the territory was annexed, as applicable.
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 24
Menifee Mayor and City Council
August 17, 2022
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EXHIBIT D
ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 25
Menifee Mayor and City Council
August 17, 2022
Page
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CRAIG AVE
HANOVER LN
ANTELOPE RD
§¨¦215
372-050-039
372-050-042372-050-041
372-050-037
372-050-038
372-050-040
ANNEXATION MAP NO. 14
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES)
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY O F R I V E R S I D E , S T A T E O F C A L I F O R N I A .
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
NOVEMBER 7, 2017 IN BOOK 81 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 69 AND
AS INSTRUMENT NO. 2017-0465706 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF RIVERSIDE,
S T A T E O F C A L I F O R N I A .
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE
CITY COUNCIL OF THE CITY OF MENIFEE AT A REGULAR
MEETING THEREOF, HELD ON ______ DAY OF ______,
20____,
BY ITS RESOLUTION NO. _______________
___________________________________
CITY CLERK
C IT Y OF MENIF EE
FILED IN THE OFFICE OF THE CITY CLERK, CITY OF MENIFEE, THIS _______ DAY OF _________________, 20___.
___________________________________
CITY CLERK
C IT Y OF MENI FEE
FILED THIS ____ DAY OF _______________, 20____ AT
THE HOUR OF ____ O'CLOCK __M IN BOOK _____
OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
DISTRICTS AT PAGE ______ IN THE OFFICE OF THE
COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE,
ST ATE OF CALIFORNIA.
FEE: _____________ NO.: ______________________
PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
BY: _______________________________
DEPUTY
CFD 2017-1
TAX ZONE 14
^_
·|}þ74
§¨¦215
§¨¦15
·|}þ79
MENIFEE
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR
PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS
CONCERNING THE LINES AND DIMENSIONS OF LOTS OR
PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2022-23.
-
LEGEND
ANNEXATION AREA BOUNDARY
PARCEL LINE
CITY BOUNDARY
XXX-XXX-XXX ASSESSOR PARCEL NUMBER
14 TAX ZONE
14 Item Title: 10.7 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 26
Menifee Mayor and City Council August 17, 2022 Page 176 of 734
Item Title: 10.7 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 27
Menifee Mayor and City Council August 17, 2022 Page 177 of 734
EXHIBIT E
PETITION
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 28
Menifee Mayor and City Council
August 17, 2022
Page
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Item Title: 10.7 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 29
Menifee Mayor and City Council August 17, 2022 Page 179 of 734
Item Title: 10.7 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 30
Menifee Mayor and City Council August 17, 2022 Page 180 of 734
INSERT EXHIBIT A: LEGAL DESCRIPTION
Real property in the City of Menifee, County of Riverside, State of California, described as follows:
LOTS 1 THROUGH 5, INCLUSIVE, OF TRACT NO. 32628, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 427, PAGES 18 THROUGH 24, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED MARCH 11, 2013 AS INSTRUMENT NO. 13-116683 OF OFFICIAL RECORDS.
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 31
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August 17, 2022
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Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 32
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Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 33
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Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 34
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Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 35
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Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 36
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Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 37
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Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 38
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Item Title: 10.7 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 39
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EXHIBIT F
NOTICE OF PUBLIC HEARING
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 40
Menifee Mayor and City Council
August 17, 2022
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NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 14)
NOTICE IS HEREBY GIVEN that the City Council of the City of Menifee on August 17, 2022 adopted its Resolution No. 2022-__, in which it declared its intention to annex territory to existing Community Facilities District No. 2017-1 (Maintenance Services) (the "CFD No. 2017-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and des cribes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2017-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 6:00 p.m., or as soon thereafter as practicable, Wednesday, September 21, 2022 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will c onduct a public hearing on the annexation of territory to CFD No. 2017- 1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the September 21, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Gov
ernor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of Menifee (www.cityofmenifee.us), and outside of City Hall at 29844 Haun Road, Menifee, California 92586. A copy of the Agenda will be made available upon request to the Menifee City Clerk's offic e at 951-723-3471.
DATED: ____________, 2022 ________________________________________ City Clerk of the City of Menifee
PUB: ____________, 2022
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 41
Menifee Mayor and City Council
August 17, 2022
Page
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EXHIBIT G
BALLOT
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 42
Menifee Mayor and City Council
August 17, 2022
Page
192 of 734
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 14
(September 21, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City of Menifee:
Name of Landowne
r Number of Acres Owned Total Votes
FPG Tricon Menifee Property LLC 28.40 29
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annex ed to the CFD No. 2017-1, City of Menifee, County of Riverside, State of California. Please advise the City Clerk, at (951) 672-6777 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to ex press either support for or opposition to the proposed special tax. To be c ounted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery:
Personal
Delivery:
If by mail, place ballot in the return envelope provided, and mail no later than September 7, 2022, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
If in person, deliver to the City Clerk at any time up to 5:00 p.m. on September 21, 2022, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 21, 2022.
Very truly yours,
Stephanie Roseen
Acting City Clerk
City of Menifee
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 43
Menifee Mayor and City Council
August 17, 2022
Page
193 of 734
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
FPG Tricon Menifee Property LLC
Attn: Bing Chen
27271 Las Ramblas, Suite 100
Mission Viejo, CA 92691
372‐050‐037, 372‐050‐038, 372‐050‐039,
372‐050‐040, 372‐050‐041, 372‐050‐042
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2017-1 (Maintenance Services) adopted by the City Council on August 17, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 14 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” to finance certain services as set forth in Section 5 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 20__.
Bing Chen
Authorized Signer
Signature
Print Name
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 44
Menifee Mayor and City Council
August 17, 2022
Page
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EASTERN MUNICIPALWATER DISTRICT - N.A.P.
MODELHOME
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Low
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ANTELOPE ROAD
CRAIG AVENUE
DANA POINT CA 9262934197 COAST HWY SUITE 200(949) 443-1446SUMMERS/MURPHY & PARTNERS, INC.ENVIRONMENTAL DESIGN FOREMOST PACIFIC GROUP | 27271 LAS RAMBLAS, SUITE 100, MISSION VIEJO, CA 92691 | April 29, 2022NORTHSCALE: N.T.S. |Menifee, CA - Maintenance Exhibit
VICINITY MAP
ANTELOPE ROADNEWPORT ROADDOMENIGONI PKWY
WINCHESTER ROAD
NOTTOSCALE
21579 15BUNDY CANYON ROADSCOTT ROADTOWNSHIP 6 SOUTH RANGE 3 WEST SECTION 11 SW CITY OF MENIFEETRACT 32628
CFD MAINTAINED AREALEGENDSYMBOL DESCRIPTION QUANTITY STREET93,590 S.F.(2.14 AC.) SIDEWALK13,701 S.F.(0.31 AC.)PLANTING AREA15,366 S.F.(0.35 AC.)STREET TREES17
HOA MAINTAINED AREA
STREET LIGHTS9
METER PEDESTAL1
Item Title: 10.7 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 45
Menifee Mayor and City Council August 17, 2022 Page 195 of 734
EASTERN MUNICIPALWATER DISTRICT - N.A.P.
MODELHOME ROSETTA STREET
ROSETTA STREET
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COOKHOUSE LANE
LUTHER DRIVE
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LIMIT OF WORK
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COOKHOUSE LANECOOKHOUSE LANECOOKHOUSE LANE
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DANA POINT CA 9262934197 COAST HWY SUITE 200(949) 443-1446SUMMERS/MURPHY & PARTNERS, INC.ENVIRONMENTAL DESIGN FOREMOST PACIFIC GROUP | 27271 LAS RAMBLAS, SUITE 100, MISSION VIEJO, CA 92691 | April 29, 2022NORTHSCALE: N.T.S. |Menifee, CA - Maintenance Exhibit
VICINITY MAP
ANTELOPE ROADNEWPORT ROADDOMENIGONI PKWY
WINCHESTER ROAD
NOTTOSCALE
21579 15BUNDY CANYON ROADSCOTT ROADTOWNSHIP 6 SOUTH RANGE 3 WEST SECTION 11 SW CITY OF MENIFEETRACT 32628
HOA MAINTAINED AREALEGENDSYMBOL DESCRIPTION QUANTITY STREET346,049 S.F.(7.94 AC.) SIDEWALK156,044 S.F.(3.58 AC.)PLANTING AREA3359,318(8.24 AC.) STREET TREES604
DETENTION BASIN40,544 S.F.(0.93 AC.)RECREATIONAL AREA36,902 S.F.(0.84 AC.)TOT LOT
CFD MAINTAINED AREA
Item Title: 10.7 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 14, Adler Ranch Item Page Number: 46
Menifee Mayor and City Council August 17, 2022 Page 196 of 734
CITY OF MENIFEE
SUBJECT: Resolution of Intention for Community Facilities District 2017- 1, Annexation No. 16, Del Oro North Apartments
MEETING DATE: August 17, 2022
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the petition of Jefferson Menifee LLC, Lot Line Adjustment No. 17-007 located east of I-215 on the northeast corner of Holland Road and Hanover Lane into Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1” or “CFD”) as Annexation Area No. 16; and
2. Adopt a resolution of intention to add Annexation Area No. 16 into CFD No. 2017-1, to authorize the levy of special tax therein to finance certain maintenance services, and to set a public hearing for September 21, 2022.
DISCUSSION
On December 6, 2017, the City Council adopted Resolution No. 17-658, establishing CFD No. 2017-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”).
CFD No. 2017-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City.
Jefferson Menifee LLC (“Owner”) is the owner of Del Oro, Lot Line Adjustment No. 17-007 (“LLA 17-007”), which consists of approximately 12.48 gross acres of a vacant residential property. The property is located east of I-215 on the northeast corner of Holland Road and Hanover Lane, as shown in the attached project location map.
The Owner has requested the City’s assistance in annexing LLA 17-007 into CFD 2017-1 to cover the costs associated with the maintenance of public improvements. The area proposed for annexation would be designated “Annexation No. 16,” and would include property within LLA 17- 007, to include a 237-unit apartment complex. Per the Owner’s request, the City would establish Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 1
Menifee Mayor and City Council
August 17, 2022
Page
197 of 734
City of Menifee Staff Report
CFD 2017-1 Annex 16 - Del Oro North Apartments
August 17, 2022
1 1
4 1
a rate and method of apportionment and authorize the levy of special taxes on the taxable property within Annexation Area No. 16 to pay for those services.
Annexation Area No. 16 would have a maximum annual tax of $5,392 per acre. This tax rate includes a Maximum Special Tax A of $3,273 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (contingent) of $2,119 per acre per year and would be included in CFD No. 2017-1 as “Tax Zone 16.” The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The attached CFD maintenance site plan exhibit is to illustrate which services are being maintained by the CFD.
The Owner has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Owner has submitted a “Consent and Waiver” form on file in the City Clerk’s Office which authorizes the City to (1) hold the election and declare election results (2) shorten election time requirements, (3) waive analysis and arguments, and (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.
The next step to annex LLA 17-007 into CFD 2017-1 is to publish a notification of the proposed annexation along with the resolution of intention and boundary maps of the proposed annexation area. A public hearing on the matter would take place on September 21, 2022, and at that time the City Council would formally consider approval of Annexation No. 16
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The individual property owners in the CFD would be responsible for annual payments of special taxes. It is estimated, upon full completion of the tract development that there would be an annual collection of special tax revenues of approximately $40,853 not including Contingent Tax B, to be used to pay for maintenance costs.
On June 1 of each year, every taxable acre within the boundaries of the CFD, would be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given fiscal year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.
All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development would be financed through special taxes levied on the parcels within CFD No. 2017-1 and not through the City’s General Fund.
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Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 2
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City of Menifee Staff Report
CFD 2017-1 Annex 16 - Del Oro North Apartments
August 17, 2022
1 1
4 1
ATTACHMENTS
1. Project Location Map
2. Resolution of Intention and Exhibits
3. CFD Maintenance Site Plan Exhibit
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 3
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CFD NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 16
PROJECT MAP
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 4
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1 RESOLUTION NO. 22-___
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 201 7-1
(MAINTENANCE SERVICES) OF THE CITY OF MENIFEE,
ADOPTING A MAP OF THE AREA PROPOSED TO BE
ANNEXED (ANNEXATION NO. 16) AND AUTHORIZING THE
LEVY OF SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on November 1, 2017, the City Counc il (the “City Council”) of the City of Menifee (the “City”) approved Resolution No. 17-6 54 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1") for the purpose of levy ing special taxes on parcels of taxable property therein, which taxes would be used to provide certain services necessary to meet increased demands placed upon the City by development; and
WHEREAS, the City Council has received a written instrument to initiate and conduct proceedings pursuant to the Act, to annex territory into CFD No. 2017-1 and to consent to the shortening of election time requirements, waiving of analysis and arguments, and waiving of all notice requirements relating to the conduct of the election; and WHEREAS, the City Council has been advised that certain property owners have requested that the area described in Exhibit A be annexed territory into the boundaries of CFD No. 2017-1, and that a rate and method of apportionment of the special tax to be levied therein be established.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Intent to Annex . The City Council, acting as the legislative body of the CFD No. 2017-1 hereby dec lares that it proposes and intends to c onduct proceedings pursuant to Article 3.5 of the Act for the annex ation into the CFD No. 2017-1 of the territory described in Exhibit A attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to CFD No. 2017-1.
Section 2. Name of the Community Facilities District. The existing community facilities district is known as “Community Facilities District No. 2017-1 (Maintenance Services).” Section 3. Description of Territory Included in Existing CFD No. 2017-1. The boundaries of the territory c urrently included in the CFD No. 2017-1 are described and shown on that certain map entitled "Propos ed Boundary Map – Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee, County of Riverside, State of California", as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at
Riverside, as amended by the following:
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Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 5
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2 Section 4. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed is included within the boundaries within which property may annex to CFD No. 2017-1 and is more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California,” as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 70, and as Document No. 2017 -0465707 in the official recor ds of the County of Riverside. The territory proposed to be annexed to the CFD No. 2017-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 16, Community Facilities District No. 2017-1 (Maintenance Services), City of Menifee, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.
Section 5. Description of Authorized Services. The services proposed to be financed by the territory proposed to be annexed to the CFD No. 2017-1 (the “Services”) are the same as those services authorized to be financed by the existing territory in the CFD No. 2017 -1 and are described in Exhibit B attached hereto. The cost of providing the Services includes “Administrative Expenses,” which include costs associated with the creation of CFD No. 2017-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2017-1. The Services authorized to be financed by CFD No. 2017-1 are in addition to those currently provided in the territory of CFD No. 2017-1 and do not supplant Services already available within that territory.
Section 6. Plan for Providing Services. The Services will be provided within the territory proposed to be annexed to the CFD No. 2017-1 and the existing territory in the CFD No. 2017-1 on the same basis.
Section 7. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including Administrative Expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017 -1, will be levied annually within the territory proposed to be annexed to the CFD No. 2017-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit C.
Section 8. No Alteration of the Special Tax Levied in the Existing CFD No. 2017 -1. The City Council does not propose to alter the special tax rate levied within the existing territory in the CFD No. 2017-1.
Section 9. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2017-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his or her office and shall file a copy of the Annex ation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 7 hereof.
Section 10. Public Hearing. The City Council hereby fixes 6:00 p.m., or as soon thereafter as practicable, on Wednesday, September 21, 2022 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the area depicted on the Annexation Map and described in Exhibit A hereto territory to the CFD No. 2017-1.
Section 11. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 6
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3 F, one time in a newspaper of general circulation published in the area of CFD No. 2017-1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53339.4 of the Act.
Section 12. Mailing Ballots . In anticipation of its action on Wednesday , September 21, 2022, to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2017-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.
Section 13. Authorization to Take Action. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
Section 14. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this 17th day of August, 2022.
A
TTEST: APPROVED:
Stephanie Roseen, Acting City Clerk Bill Zimmerman, Mayor A
PPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Menifee Community Facilities District No . 2017-1 (Maintenance Services) (the “CFD No. 2017-1”) Annexation No. 16 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following Riverside County Assessor's Parcel Number (APN).
Assessor Parcel Number(s) Owne r Name
364-070-051 Jefferson Menifee LLC
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EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
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City of Menifee 12
Community Facilities District No. 2017-1 (Maintenance Services)
APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017- 1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right -of-way, public landscaping, public open spaces and other similar lan dscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right -of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as loc al roads within residential subdivisions located within CFD No. 2017- 1; and any portions adjacent to the properties within CFD No. 2017-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services may be financed by p roceeds of the special tax of CFD No. 2017 -1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created or those provided in the territory annexed to CFD No. 2017 -1 before the territory was annexed, as applicable.
Item Title: 10.8
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EXHIBIT C
RATE AND METHOD OF APPORTIONMENT
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2017‐1 (Maintenance Services) (the “CFD No. 2017‐1” or “CFD”; defined below), in each Fis cal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2018, in an amount determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2017‐1, by applying the rate and method of apportionment set forth below. All of the real prope rty in CFD No. 2017‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the la
nd area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, a
nnexation, and administration of CFD No. 2017‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2017‐1, or any design ee thereof associated with fulfilling the CFD No. 2017‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2017‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annu al administration fees including payment of a proportional share of City overhead and salaries and benefits of any City employees whose duties are related to the administration of CFD No. 2017‐1 and third party expenses related to CFD No. 2017‐1. Administrative Expenses shall also include amounts estimate d or advanced by the City or CFD No. 2017‐1 for any other administrative purposes of CFD No. 2017‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of Menifee, or his or her designee. “Approve
d Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 pr eceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“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 identification number assigned to a parcel by the County Assessor of the County.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original Item Title: 10.8
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Community Facilities District No. 2017‐1 (Maintenance Services) 2 construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Non‐Residential Property after issuance of a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2017‐1” means the City of Menifee Community Facilities District No. 2017‐1 (Maintenance Services).
“City” means the City of Menifee.
“Contingent Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation,
those services authorized to be funded by CFD No. 2017‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners’ Association fails to adequately provide such services.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being
levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“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 1352 that creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1 st of any year to and including the following June
30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax A, as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in
such Fiscal Year.
“Maximum Special Tax B (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 3 “Multi‐Family Residential Property” or “MFR” means any Assessor’s Parcel of Residential Property upon which a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit are constructed or are intended to be constructed.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building
permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all 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 Parcels of Approved Property, and (iii) 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 Parcels of Undeveloped Property.
“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 Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which Residential Units have been constructed or are intended to be constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” or “SFR” means any Residential Property other than Multi‐Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable
Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone that amount to be collected in any Fiscal Year to pay
for certain costs as required to meet the needs of such Tax Zone within CFD No. 2017‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
“Special Tax B (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required.
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 4 “Special Tax B (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2017‐1, which are not Exempt Property.
“Taxable Unit” means a Residential
Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2017‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii)
identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2017‐1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non‐Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐ Family Residential Property and the number of Residential Units shall be determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Item Title: 10.8
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Community Facilities District No. 2017‐1 (Maintenance Services) 5 Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $158
Multi‐Family Residential Property RU $158
Non‐Residential Property Acre $1,714
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 2 below:
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 16
Menifee Mayor and City Council
August 17, 2022
Page
212 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 6 TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $158
Multi‐Family Residential Property RU $158
Non‐Residential Property Acre $1,714
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 36299‐1
& PM 9504 Acre $1,515
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 17
Menifee Mayor and City Council
August 17, 2022
Page
213 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 7 (i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $0
Multi‐Family Residential Property RU $0
Non‐Residential Property Acre $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐ 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 5 below:
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 18
Menifee Mayor and City Council
August 17, 2022
Page
214 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 8 TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $0
Multi‐Family Residential Property RU $0
Non‐Residential Property Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐ 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 36299‐1
& PM 9504 Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2018‐19 and for each following Fiscal Year, the City Council shall determine the Special Tax A Requirement for each Tax Zone and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax A equals the Special Tax A Requirement for such Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A
shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 19
Menifee Mayor and City Council
August 17, 2022
Page
215 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 9 Property at up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with the first Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B (Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Special Tax B (Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B (Contingent) Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax B (Contingent) Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2017‐1 from time to time. As each
annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services to such properties. Based on this analysis, any properties to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned the appropriate Maximum Special Tax rates for the Tax Zone when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2017‐1, all Assessor’s; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which are in use in the performance of a public function as determined by the Administrator.
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 20
Menifee Mayor and City Council
August 17, 2022
Page
216 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 10 H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator of CFD No. 2017‐1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
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. 2017‐1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 21
Menifee Mayor and City Council
August 17, 2022
Page
217 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 11 APPENDIX A
CITY OF M
ENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES) COST ESTIMATE
Special Tax A Services ‐
The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2022‐23. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2017‐1 Tax Zone 16.
TAX ZONE 16 (SERVICES)
LLA 17‐007
Item Description Estimated Cost
1 Landscaping $4,263
2 Lighting $1,661
3 Streets $3,211
4 Drainage $3,984
5 Parks $23,815
6 Graffiti $779
7 Reserves $1,120
8 Administration $2,020
Total $40,853
Special Tax B Contingent Services – The estimate breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017‐1 Tax Zone 16.
TAX ZONE 16 (CONTINGENT SERVICES)
LLA 17‐007
Item Description Estimated Cost
1 Drainage $22,874
2 Reserves $2,287
3 Administration $1,279
Total $26,440
TAX ZONE 16
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Developed Acre $3,273 $2,119
Approved Acre $3,273 $2,119
Undeveloped Acre $3,273 $2,119
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 22
Menifee Mayor and City Council
August 17, 2022
Page
218 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 12 MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Tax
Zone
Fiscal
Year
Included Tract
No. of
Taxable
Units
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
1 2018‐19 36299‐1 &
PM 9504
426 SFR RU $158 $0 Stark Menifee Land, LLC
548 MFR RU $158 $0 Stark Menifee Land, LLC &
Menifee Multifamily, LLC
27.68 NR Acre $1,714 $0 Several
2 2020‐21 TR 37576 65 SFR RU $539 $43 Meritage Homes 3 2020‐21 TR 28859 161 SFR RU $727 $0 Woodside O5S 4 2020‐21 TTM 31098 258 SFR RU $878 $0 Lennar Homes of California, Inc.
5 2020‐21 TTM 36852 68 SFR RU $755 $151 Strata Holland, LLC 6 2021‐22 TTM 37668 175 SFR RU $765 $295 Meritage Homes of California, Inc.
7 2022‐23 TTM 31456 176 SFR RU $996 $0 RCFC Investments, LLC 8 2021‐22 TR 32102 &
TR 32102‐1 256 SFR RU $674 $0
Diamond Brother Five
Partnership, LP and Pulte
Home Company, LLC
9 2021‐22 TTM 37400 174 SFR RU $703 $0 D.R. Horton Los Angeles Holding Company, Inc.
10 2022‐23 TPM 37380 3.62 NR Acre $3,588 $1,646 Briggs & 74, LLC 11 2022‐23 TR 31194 466 SFR RU $906 $23 Golden Meadowland LLC & Golden Hill Country, LLC
12 2022‐23 TR 37408 &
TR 37409 1,022 SFR RU $963 $5 BLC Fleming LLC
13 2022‐23 TR 36803 80 SFR RU $556 $171 FPG Sun Menifee 80 LLC 14 2022‐23 TR 32628 303 SFR RU $281 $45 FPG Tricon Menifee Property LLC
15 2022‐23 PLN 20‐
0167 9.92 MFR Acre $3,865 $2,375 Boulders Menifee LLC 16 2022‐23 LLA 17‐007 12.48 MFR Acre $3,273 $2,119 Jefferson Menifee, LLC ESCALATION OF MAXIMU
M SPECIAL TAXES
On each July 1, commencing on July 1, 2019 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 23
Menifee Mayor and City Council
August 17, 2022
Page
219 of 734
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 13 APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017‐1; as well as local roads within residential subdivisions located within CFD No. 2017‐1; and any portions adjacent to the properties within CFD
No. 2017‐1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services may be financed by proceeds of
the special tax of CFD No. 2017‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017‐1 before CFD No. 2017‐1 was created or those provided in the territory annexed to CFD No. 2017‐1 before the territory was annexed, as applicable.
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 24
Menifee Mayor and City Council
August 17, 2022
Page
220 of 734
EXHIBIT D
ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 25
Menifee Mayor and City Council
August 17, 2022
Page
221 of 734
PALOMAR RD
HANOVER LN
AL
BION LN
HOLLAND RD
364-070-051
ANNEXATION MAP NO. 16
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES)
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
T H I S M A P S H O W S T H E B O U N D A R I E S O F A R E A S T O B E ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY O F R I V E R S I D E , S T A T E O F C A L I F O R N I A .
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
NOVEMBER 7, 2017 IN BOOK 81 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 69 AND
AS INSTRUMENT NO. 2017-0465706 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF RIVERSIDE,
S T A T E O F C A L I F O R N I A .
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE
CITY COUNCIL OF THE CITY OF MENIFEE AT A REGULAR
MEETING THEREOF, HELD ON ______ DAY OF ______,
20____,
BY ITS RESOLUTION NO. _______________
___________________________________
CITY CLERK
C IT Y OF MENIF EE
FILED IN THE OFFICE OF THE CITY CLERK, CITY OF MENIFEE, THIS _______ DAY OF _________________, 20___.
___________________________________
CITY CLERK
C IT Y OF MENIF EE
FILED THIS ____ DAY OF _______________, 20____ AT
T H E H O U R O F _ _ _ _ O ' C L O C K _ _ M I N B O O K _ _ _ _ _
OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
D I S T R I C T S A T P A G E _ _ _ _ _ _ I N T H E O F F I C E O F T H E
COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE,
ST ATE OF CALIFORNIA.
FEE: _____________ NO.: ______________________
PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
BY: _______________________________
DEPUTY
CFD 2017-1
TAX ZONE 16
^_
·|}þ74
§¨¦
215
§¨¦
15 ·|}þ79
MENIFEE
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR
PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS
CONCERNING THE LINES AND DIMENSIONS OF LOTS OR
PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2022-23.
-
LEGEND
ANNEXATION AREA BOUNDARY
PARCEL LINE
CITY BOUNDARY
XXX-XXX-XXX ASSESSOR PARCEL NUMBER
16 TAX ZONE
16 Item Title: 10.8 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 26
Menifee Mayor and City Council August 17, 2022 Page 222 of 734
Item Title: 10.8 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 27
Menifee Mayor and City Council August 17, 2022 Page 223 of 734
EXHIBIT E
PETITION
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 28
Menifee Mayor and City Council
August 17, 2022
Page
224 of 734
PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE REQUESTING ANNEXING TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017 -1 (MAINTENANCE SERVICES) OF PROPERTY WITHIN THE CITY OF MENIFEE AND
A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO -ROOS COMMUNITY FACILITIES ACT OF 1982 AND
CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE
COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES
DISTRICT
1. The undersigned requests that the City Council of the City of Menifee, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2017-1 (Maintenance Services) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the Community Facilities District.
2. The u ndersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lig hting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurte nant facilities within the district in a healthy, vigorous and satisfactory working condition.
3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundarie s of the Community Facilities District described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed annexation into Community Facilities District No. 2017-1.
The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on annexing territory into Community Facilities District No. 2017-1 or at the next available meeting.
5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the f orm of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the Califor nia Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code.
6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2017-1 of the portion of the incorporated Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 29
Menifee Mayor and City Council
August 17, 2022
Page
225 of 734
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 30
Menifee Mayor and City Council
August 17, 2022
Page
226 of 734
INSERT EXHIBIT A: LEGAL DESCRIPTION
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 31
Menifee Mayor and City Council
August 17, 2022
Page
227 of 734
PREPARED BY:
HUNSAKER
& ASSOCIATES
EXHIBIT A
PARCEL A OF NOTICE OF LOT LINE ADJUSTMENT NO. LLA17-007 RECORDED FEBRUARY 05, 2018 AS INSTRUMENT NO. 2018-0044400 IN THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
LEGAL DESCRIPTION
APN: 364-070-051
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 32
Menifee Mayor and City Council
August 17, 2022
Page
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INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 33
Menifee Mayor and City Council
August 17, 2022
Page
229 of 734
Item Title: 10.8 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 34
Menifee Mayor and City Council August 17, 2022 Page 230 of 734
Item Title: 10.8 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 35
Menifee Mayor and City Council August 17, 2022 Page 231 of 734
Item Title: 10.8 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 36
Menifee Mayor and City Council August 17, 2022 Page 232 of 734
Item Title: 10.8 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 37
Menifee Mayor and City Council August 17, 2022 Page 233 of 734
Item Title: 10.8 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 38
Menifee Mayor and City Council August 17, 2022 Page 234 of 734
Item Title: 10.8 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 39
Menifee Mayor and City Council August 17, 2022 Page 235 of 734
Item Title: 10.8 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 40
Menifee Mayor and City Council August 17, 2022 Page 236 of 734
Item Title: 10.8 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 41
Menifee Mayor and City Council August 17, 2022 Page 237 of 734
Item Title: 10.8 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 42
Menifee Mayor and City Council August 17, 2022 Page 238 of 734
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 43
Menifee Mayor and City Council
August 17, 2022
Page
239 of 734
EXHIBIT F
NOTICE OF PUBLIC HEARING
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 44
Menifee Mayor and City Council
August 17, 2022
Page
240 of 734
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 16)
NOTICE IS HEREBY GIVEN that the City Council of the City of Menifee on August 17, 2022 adopted its Resolution No. 2022-__, in which it declared its intention to annex territory to existing Community Facilities District No. 2017-1 (Maintenance Services) (the "CFD No. 2017-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2017-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 6:00 p.m., or as soon thereafter as practicable, Wednesday, September 21, 2022 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2017- 1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the September 21, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of Menifee (www.cityofmenifee.us), and outside of City Hall at 29844 Haun Road, Menifee, California 92586. A copy of the Agenda will be made available upon request to the Menifee City Clerk's office at 951-723-3471.
DATED: ____________, 2022
________________________________________
City Clerk of the City of Menifee
PUB: ____________, 2022
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 45
Menifee Mayor and City Council
August 17, 2022
Page
241 of 734
EXHIBIT G
BALLOT
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 46
Menifee Mayor and City Council
August 17, 2022
Page
242 of 734
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 16
(September 21, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City of Menifee:
Name of Landowne
r Number of Acres Owned Total Votes
Jefferson Menifee LLC 12.48 13
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annex ed to the CFD No. 2017-1, City of Menifee, County of Rivers ide, State of California. Please advis e the City Clerk, at (951) 672-6777 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This spec ial tax ballot may be used to express either s upport for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery:
Personal
Delivery:
If by mail, place ballot in the return envelope provided, and mail no later than September 7, 2022, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
If in person, deliver to the City Clerk at any time up to 5:00 p.m. on September 21, 2022, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 21, 2022.
Very truly yours,
Stephanie Roseen
Acting City Clerk
City of Menifee
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 47
Menifee Mayor and City Council
August 17, 2022
Page
243 of 734
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Jefferson Menifee LLC
Attn: David Potter
12250 El Camino Real, Suite 380
San Diego, CA 92130
364‐070‐051
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2017-1 (Maintenance Services) adopted by the City Council on August 17, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 16 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” to finance certain services as set forth in Section 5 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 20__.
David Potter
Vice President
Signature
Print Name
Item Title: 10.8
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 48
Menifee Mayor and City Council
August 17, 2022
Page
244 of 734
PLOT PLAN 2015-164
CFD MAINTENANCE SITE PLAN EXHIBIT
DEL ORO
PREPARED BY:
CITY OF MENIFEE, CALIFORNIA
HUNSAKER
& ASSOCIATES
SITE
215
CFD MAINTENANCE AREA
STREET46,685 SF = 1.07 AC
HOLLAND RD. 878.28 L.F.
HANOVER LN. 604.33 L.F.
SIDEWALK7,806 SF= 0.18 AC
STREETSCAPE 13,067 SF= 0.30 AC
STREET TREE23 EA.
STREET LIGHT9 EA.
CITY STD. 503
CATCH BASIN 3 EA.
W/MOD. WETLAND
SYSTEM.
STORM DRAIN 170 L.F.
NOT CFD MAINTAINED
CHANNEL ESMT. 82,972 SF= 1.90 AC
Item Title: 10.8 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 16, Del Oro North Apartments Item Page Number: 49
Menifee Mayor and City Council August 17, 2022 Page 245 of 734
CITY OF MENIFEE
SUBJECT: Agreement Amendment with Eastern Municipal Water District for the Relocation and Construction of Utilities for Holland Road Overpass
MEETING DATE: August 17, 2022
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Utility Agreement Amendment No.1 with Eastern Municipal Water District for additional utility items for the Holland Road overpass, Capital Improvement Project No. CIP13-03.
DISCUSSION
Holland Road is a major arterial road that runs east to west across the entire width of the City, and is bisected by interstate 215 (“I-215”). To address the existing need for additional connectivity in the City, the Holland Road Overpass Project (“Project”) was approved to construct of a four- lane bridge over the I-215. The overpass project will include installation of dedicated bicycle lanes, sidewalks, traffic signals, lighting, signing, and striping. In coordination with Eastern Municipal Water District (“EMWD”), the Project will also include the construction and relocation of utilities.
On November 2, 2016, the City Council approved a utility agreement with EMWD for the construction and relocation of utilities for the Project. Said agreement memorialized the responsibilities and reimbursement requirements of both agencies and ensured the utility improvements would be constructed in a manner that is mutually agreed upon and satisfactory to both agencies.
Since the execution of the original utility agreement in 2016, the Project‘s design has been modified to include additional utility work. To ensure the responsibilities and reimbursement requirements of the additional work are properly allocated between the City and EMWD, an amendment to the original utility agreement is necessary. A summary of the amended work is provided in Table 1 on the following page.
Item Title: 10.9
Agreement
Amendment
with
Eastern
Municipal
Water
District
for
the
Relocation
and
Construction
of
Utilities
for
Holland
Road Overpass
Item Page Number: 1
Menifee Mayor and City Council
August 17, 2022
Page
246 of 734
City of Menifee Staff Report
CIP 13-03 EMWD Agreement Amendment
August 17, 2022
1 1
3 3
Table 1 – Additional Utility Work Items
Work Item No. Scope
6 CITY shall prepare plans for a 12” water pipeline from the intersection of Holland Road and Haun Road to the end of the proposed Cul-de-Sac to be constructed by the CITY as part of the project.
7 CITY shall prepare plans for an 8” sewer pipeline on Holland Road from Haun Road to the end of the proposed Cul-de-Sac to be constructed by the CITY as part of the project.
8 CITY shall prepare plans for a 6” recycled water pipeline on Holland Road from Haun Road to the end of the proposed Cul-de-Sac to be constructed by the CITY as part of the project.
9 EMWD shall prepare plans for the relocation and dip of the existing 12” water pipelines at the intersection of Holland Road and Hannover Road due to conflicts with a proposed 36” Storm Drain pipeline.
Total Additional
Work Items
4 This amendment also revises the delegated work and total reimbursement amount from EWMD to the City. Due to revisions to the existing water line relocation alignment, for which EMWD has prior rights, and the installation of new utilities (sewer and recycled water), the City’s responsibility (cost) has increased. To mitigate the additional cost, the City is working with EMWD to set up a Frontage Reimbursement Program whereby EMWD will pass-through any pro-rata collection of front-footage fee payments to the City for sewer and recycled water, only during the time period the agreement is in force (usually 10 years).
The additional work items will be incorporated into the existing utility agreement through Amendment No. 1. The additional work items will not affect the projects overall timeline. The total estimated cost for the work to be done by the City under this agreement is $1,022,784 of which $482,784 is the responsibility of the City and the remaining $540,000 is the estimated reimbursable amount from EWMD to the City. Final costs, however, will not be realized until the receipt of construction bids.
STRATEGIC PLAN OBJECTIVE
Accessible and Interconnected Community
FISCAL IMPACT
There is no additional fiscal impact associated with the recommended action. The total estimated cost of $1,022,784 associated with the utility improvements have been incorporated into the construction budget. Final project construction costs will be determined at the time construction bids are received.
Item Title: 10.9
Agreement
Amendment
with
Eastern
Municipal
Water
District
for
the
Relocation
and
Construction
of
Utilities
for
Holland
Road Overpass
Item Page Number: 2
Menifee Mayor and City Council
August 17, 2022
Page
247 of 734
City of Menifee Staff Report
CIP 13-03 EMWD Agreement Amendment
August 17, 2022
1 1
3 3
ATTACHMENTS
1. Project Location Map
2. Original Agreement with EMWD
3. Amendment No. 1
Item Title: 10.9
Agreement
Amendment
with
Eastern
Municipal
Water
District
for
the
Relocation
and
Construction
of
Utilities
for
Holland
Road Overpass
Item Page Number: 3
Menifee Mayor and City Council
August 17, 2022
Page
248 of 734
215
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A s p e n w o o d W a y
Hanover Ln
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Copyright nearmap 2015
215
Haun Rd
Holland Rd
L a P i e d r a
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N e w p o r t R dProject Site
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Path: E:\Standard_Maps\Engineering_PW\Holland_Overpass_Location_Map\Holland_Overpass_Location_Map.aprx Date: 10/18/2021 Holland Rd & I-215 Overpass / Interchange (CIP 13-03)
Project Location Map
Item Title: 10.9
Agreement
Amendment
with
Eastern
Municipal
Water
District
for
the
Relocation
and
Construction
of
Utilities
for
Holland
Road Overpass
Item Page Number: 4
Menifee Mayor and City Council
August 17, 2022
Page
249 of 734
Item Title: 10.9 Agreement Amendment with Eastern Municipal Water District for the Relocation and Construction of Utilities for Holland Road Overpass Item Page Number: 5
Menifee Mayor and City Council August 17, 2022 Page 250 of 734
Item Title: 10.9 Agreement Amendment with Eastern Municipal Water District for the Relocation and Construction of Utilities for Holland Road Overpass Item Page Number: 6
Menifee Mayor and City Council August 17, 2022 Page 251 of 734
Item Title: 10.9 Agreement Amendment with Eastern Municipal Water District for the Relocation and Construction of Utilities for Holland Road Overpass Item Page Number: 7
Menifee Mayor and City Council August 17, 2022 Page 252 of 734
Item Title: 10.9 Agreement Amendment with Eastern Municipal Water District for the Relocation and Construction of Utilities for Holland Road Overpass Item Page Number: 8
Menifee Mayor and City Council August 17, 2022 Page 253 of 734
Item Title: 10.9 Agreement Amendment with Eastern Municipal Water District for the Relocation and Construction of Utilities for Holland Road Overpass Item Page Number: 9
Menifee Mayor and City Council August 17, 2022 Page 254 of 734
Item Title: 10.9 Agreement Amendment with Eastern Municipal Water District for the Relocation and Construction of Utilities for Holland Road Overpass Item Page Number: 10
Menifee Mayor and City Council August 17, 2022 Page 255 of 734
UTILITY AGREEMENT – Eastern Municipal Water DistrictPage 1 of 5
DISTRICT
08 COUNTY
Riverside
ROUTE
215/Holland Rd
POST MILE
17.5 PROJECT ID
EA 1F980
FEDERAL AID NUMBER
N/A
EMWD’s Work Order No. 13604
FEDERAL PARTICIPATION/FEDERALLY ELIGIBLE/NEPA DOCUMENT
On the Project YES NO On the Utilities YES NO
Owner Payee Data No. ___N/A___ or Form STD 204 is attached UTILITY AGREEMENT NO: 1A DATE: July 21, 2022
This Amendment to Utility Agreement No:1 (“Agreement”) between City of Menifee, hereinafter called “CITY” and Eastern Municipal Water District (“EMWD”) whose address is 2270 Trumble, Road Perris, CA 92570 is dated and effective Month, Day and Year.
RECTIALS
WHEREAS, on August 25, 2016, the Parties entered into the Agreement to establish general terms for the PROJECT; and
WHEREAS, completed PROJECT work has been limited and additional work, described herein, has been identified; and WHEREAS, Parties desire to advance such additional work; and WHEREAS, the purpose of this Amendment is to set forth the terms and conditions of the Additional Work.
AGREEMENT
Therefore, it is hereby mutually agreed between CITY and EMWD that:
1. Incorporation of Recitals. Each and every one of the Recitals set forth above is hereby incorporated herein.
2. The following shall be added to Section I – WORK TO BE DONE I. WORK TO BE DONE
Additional work to be done:
6) CITY shall prepare plans for a 12” water pipeline from the intersection of Holland Road and Haun Road to the end of the proposed Cul-de-Sac to be constructed by the CITY as part of the project. 7) CITY shall prepare plans for an 8” sewer pipeline on Holland Road from Haun Road to the end of the proposed Cul-de-Sac to be constructed by the CITY as part of the project. 8) CITY shall prepare plans for a 6” recycled water pipeline on Holland Road from Haun Road to the end of the proposed Cul-de-Sac to be constructed by the CITY as part of the project. 9) EMWD shall prepare plans for the relocation and dip of the existing 12” water pipelines at the intersection of Holland Road and Hannover Road due to conflicts with a proposed 36” Storm Drain pipeline.
Item Title: 10.9
Agreement
Amendment
with
Eastern
Municipal
Water
District
for
the
Relocation
and
Construction
of
Utilities
for
Holland
Road Overpass
Item Page Number: 11
Menifee Mayor and City Council
August 17, 2022
Page
256 of 734
UTILITY AGREEMENT – Eastern Municipal Water DistrictPage 2 of 5 The following shall be added to Section II – LIABILITY FOR WORK II. LIABILITY FOR WORK
Costs to install the new 12” water pipeline, 8” sewer pipeline, and the new 6” recycled water pipeline are to include, but are not limited to, all elements of planning, design, construction, inspection, and project closeout shall be at the City’s expense.
Once install and inspected, EMWD shall own and maintain the subject facilities heretofore.
Cost to relocate and dip the existing 12” water pipelines at the intersection of Holland Road and Hannover Lane are to include, but not limited to elements of planning, design, construction, inspection, and close out shall be at EMWD’s expense.
The following shall be added to Section IV – PAYMENT FOR WORK IV. PAYMENT FOR WORK
The following shall be added:
The CITY shall be solely responsible for costs associated with the design and construction related costs of the new 12” water pipeline, 8” sewer pipeline, and the 6” recycled water pipeline. In the event additional work becomes necessary to complete the construction of the new 12" water pipeline, 8" sewer pipeline, and the 6” recycled water pipeline work, the CITY shall bear full financial responsibility for all costs associated with the additional work.
EMWD shall be solely responsible for costs associated with the design and construction for the relocation and dip of the existing 12” water pipeline at the intersection of Holland Road and Hannover Lane. In the event additional work becomes necessary to complete the construction of the existing 12" water pipeline dips and relocation work, EMWD shall bear full financial responsibility for all costs associated with the additional work.
This paragraph shall replace the third paragraph of the signed agreement dated 8/25/2016:
EMWD and the CITY shall each be responsible for 50% of the costs associated with the design and construction related costs of the proposed dual 18" water transmission pipelines on Holland Road. In the event additional work becomes necessary to complete the work, EMWD and the CITY shall bear equal financial responsibility for all costs associated with the additional work. Determination of final costs will be based on actual costs for all CITY's work. EMWD will make additional payment or refund, as appropriate within 30 days following CITY's notification of the actual costs and after acceptance for such work by EMWD.
The Reimbursement Agreement Table, shown below, shall replace the Reimbursement Agreement Table found under Section V – GENERAL CONDITION of the signed agreement dated 8/25/2016:
Item Title: 10.9
Agreement
Amendment
with
Eastern
Municipal
Water
District
for
the
Relocation
and
Construction
of
Utilities
for
Holland
Road Overpass
Item Page Number: 12
Menifee Mayor and City Council
August 17, 2022
Page
257 of 734
UTILITY AGREEMENT – Eastern Municipal Water DistrictPage 3 of 5 V. GENERAL CONDITION
Reimbursement Agreement
Description EMWD CITY
18” Water Transmission
Pipelines
EMWD’s responsibility
50% of the cost
City’s responsibility 50%
of the cost
12” CML&C Water
Pipeline and Fire Hydrants
Relocation
CITY’s responsibility.
CITY to reimburse EMWD
$25,084.00 for design
8” PVC Sewer Pipeline
Relocation
EMWD’s responsibility
12” Water line Relocation
Under New Storm Drains
EMWD’s responsibility
8” Water Pipeline CITY’s responsibility
8” Sewer Pipeline CITY’s responsibility
Design
6” Recycled water Pipeline CITY’s responsibility
18” Water Transmission
Pipelines
EMWD’s responsibility
50% of the cost. EMWD to
reimburse CITY
$450,000*** (Estimate)
City’s responsibility 50%
of the cost. $450,000***
(Estimate)
12” CML&C Water
Pipeline Relocation
CITY’s responsibility
Fire Hydrant Relocation CITY’s responsibility.
CITY to reimburse EMWD
for hot tap connection,
valve removal, and
installation of blind
flanges*
$7,700*** (Estimate)
8” PVC Sewer Pipeline
Relocation
EMWD’s responsibility
12” Waterline Relocation
Under New Storm Drains
EMWD’s responsibility.
EMWD to reimburse CITY
$90,000*** (Estimate)
12” Water Pipeline CITY’s responsibility
8” Sewer Pipeline CITY’s responsibility
Construction
6” Recycled Water Pipeline CITY’s responsibility
TOTAL $540,000.00 *** $482,784.00 ***
Item Title: 10.9
Agreement
Amendment
with
Eastern
Municipal
Water
District
for
the
Relocation
and
Construction
of
Utilities
for
Holland
Road Overpass
Item Page Number: 13
Menifee Mayor and City Council
August 17, 2022
Page
258 of 734
UTILITY AGREEMENT – Eastern Municipal Water DistrictPage 4 of 5 Agency Estimate Costs:
Description EMWD CITY
18” Water Transmission EMWD’s responsibility
12” CML&C Water
Relocation
CITY’s cost to EMWD
Waive
8” PVC Sewer Relocation EMWD’s responsibility
12” Waterline Relocation
Under New Storm Drains
EMWD’s responsibility
12” Water Pipeline EMWD’s cost to CITY
Waived
8” Sewer Pipeline EMWD’s cost to CITY
Waived
Design Review
6” Recycled water Pipeline EMWD’s cost to CITY
Waived
18” Water Transmission EMWD’s cost to CITY
Waive
12” CML&C Water
Relocation
CITY’s responsibility
8” PVC Sewer Relocation EMWD’s cost to CITY
Waive
12” Water line Relocation
Under New Storm Drains
EMWD’s cost to CITY
Waive
12” Water Pipeline CITY’s responsibility
8” Sewer Pipeline CITY’s responsibility
Encroachment
Permit
6” Recycled water Pipeline CITY’s responsibility
18” Water Transmission EMWD’s cost to CITY
(CM and Inspection) Waive
12” CML&C Water
Relocation
CITY’s cost to EMWD
(CM and Inspection)Waive
8” PVC Sewer Relocation EMWD’s cost to CITY
Waive
12” Water line Relocation
Under New Storm Drains
EMWD’s cost to CITY
Waive
12” Water Pipeline CITY’s cost to EMWD
(CM and Inspection)Waive
8” Sewer pipeline CITY’s cost to EMWD
(CM and Inspection)Waive
Inspection Fees
6” Recycled water Pipeline CITY’s cost to EMWD
(CM and Inspection)Waive
TOTAL $ Waive** $ Waive**
*EMWD will hot tap the existing pipeline, valve removals, and installation of blind flanges, but the CITY will be responsible for all other work including but not limited to traffic control, trenching, backfill, install fire hydrant with related appurtenances, abandon existing fire hydrants, and replace existing condition in kind.
**EMWD and City agree to waive all design reviews, encroachment permits, and inspection fees. ***THE ACTUAL REIMBURSEMENT COST TO EMWD BY THE CITY FOR ITS SHARE OF Item Title: 10.9
Agreement
Amendment
with
Eastern
Municipal
Water
District
for
the
Relocation
and
Construction
of
Utilities
for
Holland
Road Overpass
Item Page Number: 14
Menifee Mayor and City Council
August 17, 2022
Page
259 of 734
UTILITY AGREEMENT – Eastern Municipal Water DistrictPage 5 of 5 THE ABOVE-DESCRIBED WORK SHALL BE DETERMINED AT COMPLETION OF WORK. ***THE ACTUAL REIMBURSEMENT COST TO CITY BY EMWD FOR ITS SHARE OF THE ABOVE-DESCRIBED WORK SHALL BE DETERMINED AT COMPLETION OF WORK.
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
CITY OF MENIFEE: EASTERN MUNICIPAL WATER DISTRICT:
By By
Name Date Name Date
Title Title
APPROVAL RECOMMENDED:
By By
Name Date Name Date
Title Title
Item Title: 10.9
Agreement
Amendment
with
Eastern
Municipal
Water
District
for
the
Relocation
and
Construction
of
Utilities
for
Holland
Road Overpass
Item Page Number: 15
Menifee Mayor and City Council
August 17, 2022
Page
260 of 734
CITY OF MENIFEE
SUBJECT: Land Development Engineering Request for Qualification On- call List
MEETING DATE: August 17, 2022
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Deputy Finance Director REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve the Public Works/Engineering Department’s land development on-call list for fiscal year 2022/23 through 2025/26 for various professional engineering services.
DISCUSSION
As Menifee is currently the fifth fastest growing city in the state, the Public Works/Engineering Department currently utilizes on-call consultants to help meet the demands of development in a timely manner and to provide necessary engineering services, such as general civil engineering/plan check services, traffic engineering review services, hydrological and hydraulics engineering review, environmental review, land surveying and mapping review services, landscape design and inspection services, and construction inspection services, as determined necessary.
The City of Menifee’s Public Works/Engineering Department core responsibilities include the following services:
•Review and permitting for all land development maps and improvement plans •Processing of agreements with developers required to install public improvements as a condition of approval of their project
•Review of plans and specifications for the installation of public improvements •Inspection of all private development grading and public improvement construction •Oversight of design and construction of public works projects funded by the city •Coordination with other cities and regional agencies regarding new regional projects that may be of benefit to the city
•Hydrologic and Hydraulic Engineering oversight and storm water quality improvements in some locations of the city
Item Title: 10.10
Land Development Engineering Request for Qualification On-call List Item Page Number: 1
Menifee Mayor and City Council
August 17, 2022
Page
261 of 734
City of Menifee Staff Report
Land Development Engineering RFQ on Call List
August 17, 2022
1 1
4 2
•Review of environmental reports, impacts, and assessments The City has prepared and issued a multi-disciplinary Request for Qualifications (RFQ) for Public Works/Engineering consultants specifically for land development engineering. The intent of the RFQ was to establish an updated on-call list of qualified consultants available for the period of fiscal year 2022/23 through fiscal year 2025/26. The last time the City completed an RFQ process for such services was in 2018. The current RFQ was posted/released on April 19, 2022, with a submittal deadline of May 13, 2022. A total of 28 consulting firms responded to the City’s RFQ.
A selection/evaluation committee comprised of internal Public Works/Engineering staff had evaluated and ranked each proposal on the following criteria:
•Qualifications of the firm
•Proposed team and organization
•Past experience and references
•Project management system
•Proposal presentation
An on-call list or shortlist has been established. Subsequently, the City would enter into agreements with select firms on the shortlist, and the applicable agreements requiring City Council approval would be brought to the City Council in accordance with the City’s standard procurement policies. Firms were allowed to bid on any and all disciplines with the majority of the firms applying to two or more disciplines. A team of three to four staff members reviewed each proposal for each discipline independently and scored the proposals per the rubric outlined in the RFQ. Scores were aggregated to establish the shortlist of awardees and the quantity of firms chosen is based on historical and projected needs of the City. It is important to note, inclusion within the City’s on- call list does not guarantee award of future contract(s) and the City reserves the right to issue separate RFQ/RFPs as deemed necessary for specific services and/or projects.
STRATEGIC PLAN OBJECTIVE
Responsive and transparent government
FISCAL IMPACT
There is no fiscal impact associated with establishing the shortlist or on-call list of firms. The future agreements that would need the City Council’s approval, would consist of recoverable and non- recoverable funding, with the majority being recoverable (paid by developers). The agreements would be funded as part of the approved fiscal year 2022/23 budget. Subsequently, the City would enter into agreements with select firms on the shortlist, and the applicable agreements requiring City Council approval would be brought to the City Council in accordance with the City’s standard procurement policies.
ATTACHMENTS
1. On-call List - Land Development
Item Title: 10.10
Land Development Engineering Request for Qualification On-call List Item Page Number: 2
Menifee Mayor and City Council
August 17, 2022
Page
262 of 734
Attachment 1: FY2022-23 to 2025-26 Approved On-Call List (Land Development) (Public)
General Civil Engineering /
Plan Check Services
Traffic Engineering Review Environmental Review Services Land Surveying & Mapping Review Services
Landscape Design & Inspection
Services
CN Engineering
ERSC
Harris & Associates
NV5
Pettit
Advantec Consulting
GTS
Parsons
STC Inc.
NV5
Parsons
SCS Engineers
Coast Surveying Inc.
Dennis Janda
Albert Webb & Associates
Gary Hoyt Landscape Architecture
NV5
Construction inspection
Services (Land
Development)
Hydrological and Hydraulics
Engineering Review &
Inspection Services
Title Services
DR Bechter
Dudek
ERSC
Transtech
CG Resource & Management
J. Smith & T. Muli
NV5
NONE AWARDED
Item Title: 10.10 Land Development Engineering Request for Qualification On-call List Item Page Number: 3
Menifee Mayor and City Council August 17, 2022 Page 263 of 734
CITY OF MENIFEE
SUBJECT: Final Map and Security Improvement Bonds and Agreements for Tract Map 29835-4, Underwood, by KB Home Coastal, Inc.
MEETING DATE: August 17, 2022
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the onsite and offsite subdivision improvement agreements, landscape improvement agreements, and security agreement for the placement of monuments, to guarantee the completion of required improvements associated with Tract 29835-4, located east of Antelope Road and south of Rouse Road; and
2. Approve and authorize the filing of the final map for Tract 29835-4.
DISCUSSION
Tentative Tract Map (TTM) 29835-4, also known as Underwood, is a proposed subdivision of 48.0 gross acres of land into proposed to be subdivided into 122 total lots for residential use. The project is located east of Antelope Road and south of Rouse Road.
KB Homes Coastal, Inc., the developer, is now requesting approval and filing of the final map for TTM 29835-4 and approval of the associated Subdivision Improvement Agreements (“SIAs”) as required by the project’s conditions of approval. The SIAs require that improvement securities are posted to guarantee the completion of the required improvements within 24 months from the City Council approval date of the final map and associated agreements.
Staff has reviewed the developer’s request and determined that the final map and associated SIAs meet the requirements of the project’s conditions. A summary of the bonds being posted to guarantee the required improvements are shown in the tables on the following page.
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 1
Menifee Mayor and City Council
August 17, 2022
Page
264 of 734
City of Menifee Staff Report
TM 29835-4 Final Map
August 17, 2022
1 1
4 7
Table 1- TTM 29835-4, IP19-041, Onsite Improvements
Improvement Security Faithful Performance Labor & Materials Streets and
Drainage
024252534 $1,906,500 $953,250
Water System 024252534 $720,500 $360,250
Sewer 024252534 $669,000 $334,500
Total $3,296,000 $1,684,000
Table 2- TTM 29835-4, IP20-014, Offsite Improvements
Improvement Security Faithful Performance Labor & Materials Streets and
Drainage
024254364 $559,500 $279,750
Total $559,500 $279,750
Table 3- TTM 29835-4, IP21-043L, CFD Landscape Improvements Improvement Security Faithful
Performance
Labor & Materials
Landscape 024254396 $29,000 $14,500
Irrigation 024254396 $50,000 $25,000
Construction 024254396 $109,500 $54,750
Total $188,500 $94,250
Table 4- TTM 29835-4, IP21-064L, CFD Landscape Improvements Improvement Security Faithful
Performance
Labor & Materials
Landscape 30152615 $138,000 $69,000
Irrigation 30152615 $199,500 $99,750
Construction 30152615 $266,500 $133,250
Total $604,000 $302,000
Table 5- TTM 29835-4 Monuments
Improvement Security Faithful
Performance
Labor & Materials
Survey Monument 024258919 $135,000 N/A
Total $135,000 N/A
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 2
Menifee Mayor and City Council
August 17, 2022
Page
265 of 734
City of Menifee Staff Report
TM 29835-4 Final Map
August 17, 2022
1 1
4 7
ATTACHMENTS
1. Project Map
2. Final Map
3. Onsite Subdivision Improvement Agreement – Roads
4. Onsite Subdivision Improvement Agreement – Water System
5. Onsite Subdivision Improvement Agreement – Sewer System
6. Onsite Subdivision Improvement Bonds
7. Offsite Subdivision Improvement Agreement – Roads
8. Offsite Subdivision Improvement Bonds
9. CFD Landscape Improvement Agreement (IP21-043L)
10. CFD Landscape Improvement Bonds (IP21-043L)
11. CFD Landscape Improvement Agreement (IP21-064L)
12. CFD Landscape Improvement Bonds (IP21-064L)
13. Monument Agreement
14. Monument Bond
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 3
Menifee Mayor and City Council
August 17, 2022
Page
266 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 4
Menifee Mayor and City Council
August 17, 2022
Page
267 of 734
No. 9029PROFESSIONAL LAND SURVEYORSTATE OF CALIFORNIA
THOMAS M. CASELDINE
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 5
Menifee Mayor and City Council
August 17, 2022
Page
268 of 734
R.S. 126/60
R.S. 131/82-84
R.S. 118/62P.M.B. 72/56
P.M.B. 103/27P.M. NO. 15443
P.M. NO. 24373P.M.B. 182/67-68 R.S. 65/35-36TRACT NO. 19781 M.B. 186/32-40 122
123
124
125
126
127
128
ROMOLA FARMS M.B. 11/15
NE 1/4 SEC. 22,T.5 S., R. 3 W. S.B.M.
174TRACT NO. 29777, M.B. 467/83-90
175
R.S. 142/66
928
POR. OF LOTS932, 943
POR. OF LOTS931, 944
930
POR. OF LOTS929, 945, 946
M.B. 15/29-31
ROMOLA FARMS NO. 10
1695168816941689
16931690
16921691ROMOLA
M.B. 15/98-100
TRACT NO. 29835-1M.B. 470/ 69-76
P.M. NO. 15905
P.M.B. 98/59PAR. 3
PAR. B LLA 4895INST. NO.2005-0520051,REC. 6-30-05, O.R.
PAR. 8
TRACT NO. 29835-2M.B. 478 / 70-80
PAR. A
R.S. 126/60
P.M.B. 81/20
ROMOLA FARMS NO. 15M.B. 15/98-1001673 1674
1672 1675
16711676
1681 1682
1680 1683
1670
FARMS NO. 15
TRACT NO. 29835-3
M.B. 479 / 41-50 67TRACT NO. 29835-2
66 TRACT NO. 31098M.B. 472 / 73-89
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 6
Menifee Mayor and City Council
August 17, 2022
Page
269 of 734
TRACT NO. 29835-2M.B. 478 / 70-80
TRACT NO. 29835-3
M.B. 479 / 41-50
TRACT NO. 29835-1M.B. 470/ 69-76
PAR. A LLA 4895INST. NO.2005-0520051,REC. 6-30-05, O.R.
N
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 7
Menifee Mayor and City Council
August 17, 2022
Page
270 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 8
Menifee Mayor and City Council
August 17, 2022
Page
271 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 9
Menifee Mayor and City Council
August 17, 2022
Page
272 of 734
Item Title: 10.11 Final Map and Security Improvement Bonds and Agreements for Tract Map 29835-4, Underwood, by KB Home Coastal, Inc.
Item Page Number: 10
Menifee Mayor and City Council August 17, 2022 Page 273 of 734
Item Title: 10.11 Final Map and Security Improvement Bonds and Agreements for Tract Map 29835-4, Underwood, by KB Home Coastal, Inc.
Item Page Number: 11
Menifee Mayor and City Council August 17, 2022 Page 274 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 12
Menifee Mayor and City Council
August 17, 2022
Page
275 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 13
Menifee Mayor and City Council
August 17, 2022
Page
276 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 14
Menifee Mayor and City Council
August 17, 2022
Page
277 of 734
Item Title: 10.11 Final Map and Security Improvement Bonds and Agreements for Tract Map 29835-4, Underwood, by KB Home Coastal, Inc.
Item Page Number: 15
Menifee Mayor and City Council August 17, 2022 Page 278 of 734
N89°48'44"E (R)
N0°08'31"E (R)
N83°37'45"E (R)N81°20'21"E (R)
N0°11'16"W 182.04'
N2°57'22"E 191.38'
Δ=89°40'14"R=198.50L=310.66'
Δ=89°40'13"R=180.00L=281.71' Δ=83°29'14"R=120.00L=174.86' Δ=81°11'51"R=102.50L=145.26'
N89°04'42"E 377.19'N89°51'29"W 377.07'
N0°08'31"E (R)
N88°52'27"W 174.69'N89°51'29"W 181.33'
L12L6
N87°39'07"W 77.93'
N89°51'29"W 76.59'
L11L7L10
L8
N71°36'10"W 59.06'N74°52'51"W 58.04'
N89°51'29"W 114.98'N89°51'29"W 114.63'
L9
N75°07'46"E 57.91'N70°00'20"E 59.55'
N89°51'29"W 114.63'N89°51'29"W 114.62'
L1L2
L3
LINE TABLELINE #L1L2L3L4L5L6L7
BEARINGN 89°39'32" E
N 0°06'45" W
N 12°44'48" EN 76°30'35" EN 67°21'29" W
DISTANCE47.38'8.00'6.00'115.38'44.33'45.08'27.77'
L4L14N0°11'16"W 54.65'N20°11'15"W 31.05'N0°11'16"W 76.59'L5L13 N2°23'45"W 77.87' N21°20'10"W 35.79'N0°11'16"W 49.71'LINE TABLELINE #L8L9L10L11L12L13L14 BEARINGN 89°51'29" WN 0°06'45" WN 89°51'29" WN 69°02'55" WN 78°41'36" EN 5°54'54" E DISTANCE49.41'7.00'44.94'31.32'51.02'45.11'7.14'
N 89°39'32" E
N 89°39'32" E
N 89°39'32" E
Item Title: 10.11 Final Map and Security Improvement Bonds and Agreements for Tract Map 29835-4, Underwood, by KB Home Coastal, Inc.
Item Page Number: 16
Menifee Mayor and City Council August 17, 2022 Page 279 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 17
Menifee Mayor and City Council
August 17, 2022
Page
280 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 18
Menifee Mayor and City Council
August 17, 2022
Page
281 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 19
Menifee Mayor and City Council
August 17, 2022
Page
282 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 20
Menifee Mayor and City Council
August 17, 2022
Page
283 of 734
IN WITNESS WHEREOF, Developer has affixed his name, address and seal.
Dated: May 26, 2021
Dated: _______ , 2022
CITY OF MENIFEE
By ___________ _
Bill Zimmerman, Mayor
ATTEST:
By ___________ _
Sarah Manwaring, City Clerk
By: KB Home Coastal, Inc.
S'ott Hansen
VP, Forward Pl anning
CITY OF MENIFEE
By:------------
Daniel Padilla, City Engineer
AP PROVED AS TO FORM:
By: __________ _
Jeffery T. Melching, City Attorney
SIGNAT URES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 21
Menifee Mayor and City Council
August 17, 2022
Page
284 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 22
Menifee Mayor and City Council
August 17, 2022
Page
285 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 23
Menifee Mayor and City Council
August 17, 2022
Page
286 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 24
Menifee Mayor and City Council
August 17, 2022
Page
287 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 25
Menifee Mayor and City Council
August 17, 2022
Page
288 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 26
Menifee Mayor and City Council
August 17, 2022
Page
289 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 27
Menifee Mayor and City Council
August 17, 2022
Page
290 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 28
Menifee Mayor and City Council
August 17, 2022
Page
291 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 29
Menifee Mayor and City Council
August 17, 2022
Page
292 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 30
Menifee Mayor and City Council
August 17, 2022
Page
293 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 31
Menifee Mayor and City Council
August 17, 2022
Page
294 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 32
Menifee Mayor and City Council
August 17, 2022
Page
295 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 33
Menifee Mayor and City Council
August 17, 2022
Page
296 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 34
Menifee Mayor and City Council
August 17, 2022
Page
297 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 35
Menifee Mayor and City Council
August 17, 2022
Page
298 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 36
Menifee Mayor and City Council
August 17, 2022
Page
299 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 37
Menifee Mayor and City Council
August 17, 2022
Page
300 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 38
Menifee Mayor and City Council
August 17, 2022
Page
301 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 39
Menifee Mayor and City Council
August 17, 2022
Page
302 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 40
Menifee Mayor and City Council
August 17, 2022
Page
303 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 41
Menifee Mayor and City Council
August 17, 2022
Page
304 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 42
Menifee Mayor and City Council
August 17, 2022
Page
305 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 43
Menifee Mayor and City Council
August 17, 2022
Page
306 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 44
Menifee Mayor and City Council
August 17, 2022
Page
307 of 734
AGREEMENT
FOR THE CONSTRUCTION OF ROAD IMPROVEMENTS
TRACT 29835-4, IP20-014
This Agreement for Construction of Road and Drainage Improvements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and KB Home Coastal1 Inc. , hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 29835-41 IP20-014, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirty Days from the date this Agreement is executed, in a good and workmanlike manner, all road and drainage improvements in accordance with those Road Plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer of said extension. To be effective such notice must be provided by the City Engineer. Such notice may be provided as specified in Section Nineteenth or via electronic mail to Developer at Input applicable email address for Developer contact. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement s hall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Five Hundred Fifty Nine Thousand1 Five Hundred and no/100, Dollars, $559,500.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.
The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 45
Menifee Mayor and City Council
August 17, 2022
Page
308 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 46
Menifee Mayor and City Council
August 17, 2022
Page
309 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 47
Menifee Mayor and City Council
August 17, 2022
Page
310 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 48
Menifee Mayor and City Council
August 17, 2022
Page
311 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 49
Menifee Mayor and City Council
August 17, 2022
Page
312 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 50
Menifee Mayor and City Council
August 17, 2022
Page
313 of 734
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ 559,500.00
Riv. Co. Flood Control $
Tract Map _T;:..;.R-=2=9=83:;..:;5 ___ _
------- Other Proj. Ref. IP20-014
Bond No. 024254364
Premium $ 3,357.00
Water System $ ______ _
Rec. Water $-------
Sewer System $ ______ _
Total $ 559,500.00
Surety Liberty Mutual Insurance Company
Address 175 Berkeley Street
City/State Boston MA
Zip code 02116
Phone __ (617) 357-9500
Principal KB Home Coastal, Inc.
Address 36310 Inland Valley Drive
City/State Wildomar, CA
Zip 92595
Phone (951) 691-5300
WHEREAS, the City Council of the City of Menifee, State of California, and KB Home Coastal, Inc. (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to TR29835-4, IP20-014, which agreement(s), dated.
______ , is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s);
NOW, THEREFORE, we the principal and Liberty Mutual Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Five Hundred Fifty Nine Thousand, Five Hundred and no/100, Dollars, ($ 559,500.00) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement(s) and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Menifee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. - 4
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 51
Menifee Mayor and City Council
August 17, 2022
Page
314 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 52
Menifee Mayor and City Council
August 17, 2022
Page
315 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 53
Menifee Mayor and City Council
August 17, 2022
Page
316 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 54
Menifee Mayor and City Council
August 17, 2022
Page
317 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 55
Menifee Mayor and City Council
August 17, 2022
Page
318 of 734
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage$ 279,750.00
Water System $ _____ _
Sewer System $ ______ _
Surety Liberty Mutual Insurance Company
Address 175 Berkeley Street
City/State Boston MA
Zip code 02116
Phone (617) 357-9500
Tract/Parcel Map TR29835-4, IP20-014
Bond No. 024254364
Premium $ Included in Performance Bond
Principal KB Home Coastal, Inc.
Address 36310 Inland Valley Drive
City/State Wildomar, CA
Zip 92595
Phone (951) 691-5300
WHEREAS, the City Council of the City of Menifee, State of California, and KB Home Coastal, Inc. , (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to TR29835-4, IP20-014 , which agreement(s), dated ________ , is/are hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement(s), principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Menifee to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California; NOW, THEREFORE, said principal and the undersigned, as corporate surety, are firmly bound unto the City of Menifee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement(s) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Two Hundred Seventy Nine Thousand, Seven Hundred Fifty and no/100 Dollars, ($279,750.00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 10/26/20
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 56
Menifee Mayor and City Council
August 17, 2022
Page
319 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 57
Menifee Mayor and City Council
August 17, 2022
Page
320 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 58
Menifee Mayor and City Council
August 17, 2022
Page
321 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 59
Menifee Mayor and City Council
August 17, 2022
Page
322 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 60
Menifee Mayor and City Council
August 17, 2022
Page
323 of 734
AGREEMENT
FOR THE CONSTRUCTION OF CFO LANDSCAPE IMPROVEMENTS
TRACT 29835-4, IP19-043L
This Agreement for Construction of Landscape Improvements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and KB Home Coastal Inc. , hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 29835-4 , hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirty Days from the date this Agreement is executed, in a good and workmanlike manner, all landscape improvements in accordance with those plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer of said extension. To be effective such notice must be provided by the City Engineer. Such notice may be provided as specified in Section Nineteenth or via electronic mail to Developer at [email protected]. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of One Hundred Eighty Eight Thousand Five Hundred and no/100, Dollars, $ 188,500.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.
The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of landscape improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 61
Menifee Mayor and City Council
August 17, 2022
Page
324 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 62
Menifee Mayor and City Council
August 17, 2022
Page
325 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 63
Menifee Mayor and City Council
August 17, 2022
Page
326 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 64
Menifee Mayor and City Council
August 17, 2022
Page
327 of 734
IN WITNESS WHEREOF, Developer has affixed his name, address and seal.
Dated: August 16, 2021
Dated: _______ , 2022
CITY OF MENIFEE
By ___________ _
Bill Zimmerman , Mayor
ATTEST:
By ___________ _
Sarah Manwaring , City Clerk
ott Hansen
VP, Forward Planning
CITY OF MENIFEE
By: -------------
Daniel Padilla, City Engineer
APPROVED AS TO FORM:
By: __________ _
Jeffrey T. Melching, City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 65
Menifee Mayor and City Council
August 17, 2022
Page
328 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 66
Menifee Mayor and City Council
August 17, 2022
Page
329 of 734
FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Landscape $ 29,000.00
Irrigation $ 50,000.00
Tract Map 29835-4
Other Proj. Ref. IP19-043L
Construction $ 78,000.00 Bond No. 024254396
Contingency $ 31,500.00 Premium $ 1,131.00
Total $ 188,500.00
Surety Liberty Mutual Insurance Company
Address 175 Berkeley Street-----------
City/St ate Boston MA----------
Zip code ___;;_02:::....1-'-16"---------
Phone _�G�l�z-=35�z�-9-6P-O._ ____ _
Principal KB Home Coastal. Inc.
Address 36310 Inland Valley Drive
City/State Wildomar. CA
Zip 92595
Phone (951) 258-4890
WHEREAS, the City Council of the City of Menifee, State of California, and KB Home Coastal, Inc. (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to Tract 29835-4, which agreement(s), dated August 16, 2021, is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s);
NOW, THEREFORE, we the principal and Liberty Mutual Insurance Company ' as surety, are held and firmly bound unto the City of Menifee in the penal sum of One Hundred Eighty Eight Thousand Five Hundred and no/100, Dollars, ($ 188,500.00) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement(s) and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Menifee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 67
Menifee Mayor and City Council
August 17, 2022
Page
330 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 68
Menifee Mayor and City Council
August 17, 2022
Page
331 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 69
Menifee Mayor and City Council
August 17, 2022
Page
332 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 70
Menifee Mayor and City Council
August 17, 2022
Page
333 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 71
Menifee Mayor and City Council
August 17, 2022
Page
334 of 734
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Landscape $ 141500.00
Irrigation $ 25,000.00
Construction $ 39,000.00
Contingency $ 151750.00
Total $ 941250.00
Surety Liberty Mutual In surance Company
Address 175 Berkeley Street
City/State_B_o _sto_n_M_A ________ _
Zip 02116
Phone 617-357-9500
Tract Map 29835-4
Other Proj. Ref. IP19-043L
Bond No. 024254396
Premium Included in Perfo rmance Bond
Principal KB Home Coastal, Inc.
Address 36310 Inland Valley Drive
City/State Wildomar CA
Zip 92595
Phone (951) 258-4890
WHEREAS, the City Council of the City of Menifee, State of California, and KB Home Coastal, Inc. , (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to Tract 29835-4 , which agreement(s), dated August 16, 2021, is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement(s), principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Menifee to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California; NOW, THEREFORE, said principal and the undersigned, as corporate surety, are firmly bound unto the City of Menifee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement(s) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Ninety Four Thousand Two Hundred Fifty and no/100 Dollars, ($ 94,250.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 10/26/20
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 72
Menifee Mayor and City Council
August 17, 2022
Page
335 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 73
Menifee Mayor and City Council
August 17, 2022
Page
336 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 74
Menifee Mayor and City Council
August 17, 2022
Page
337 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 75
Menifee Mayor and City Council
August 17, 2022
Page
338 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 76
Menifee Mayor and City Council
August 17, 2022
Page
339 of 734
AGREEMENT
FOR THE CONSTRUCTION OF CFD LANDSCAPE IMPROVEMENTS
TRACT 29835-4 POC 11, IP21-064L
This Agreement for Construction of Landscape Improvements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and KB Home Coastal, Inc. , hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 29835-4 POC11 , hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirty Days from the date this Agreement is executed, in a good and workmanlike manner, all road and drainage improvements in accordance with those Road Plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer of said extension. To be effective such notice must be provided by the City Engineer. Such notice may be provided as specified in Section Nineteenth or via electronic mail to Developer at [email protected] / Vernell Williams. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Six Hundred Four Thousand and no/100, Dollars, $ 604,000.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.
The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonabl e attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 77
Menifee Mayor and City Council
August 17, 2022
Page
340 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 78
Menifee Mayor and City Council
August 17, 2022
Page
341 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 79
Menifee Mayor and City Council
August 17, 2022
Page
342 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 80
Menifee Mayor and City Council
August 17, 2022
Page
343 of 734
IN WITNESS WHEREOF, Developer has affixed his name, address and seal.
Dated: b / 2 3 , 202% --.------
Dated: , 2022 -------
CITY OF MENIFEE
By ___________ _
Bill Zimmerman, Mayor
ATTEST:
By ___________ _
Sarah Manwaring, City Clerk
By: KB Home Coastal, Inc.
lG.,,@?) Div. f°ov-KX)vD ?ls:,r\n1N_j
CITY OF MENIFEE
By: ____________ _
Daniel Padilla, City Engineer
APPROVED AS TO FORM:
By:----------
Jeffrey T. Melching, City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 81
Menifee Mayor and City Council
August 17, 2022
Page
344 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 82
Menifee Mayor and City Council
August 17, 2022
Page
345 of 734
FAITHFUL PE RFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Landscape $
Irrigation $
Construction $
Contingency $
Total $
Surety The Continental Insurance Company
Address 151 N. Franklin Street
City/State ChicagoI IL
Zip code ____.;6;;...:;0-=-6-=-06;:;...__ ___ _
Phone_(312)822-5000
1381000.00
1991500.00
Tract Map 29835-4
Other Proj. Ref. IP19-064L
166,000.00 Bond No. 30152615
100,500.00 Premium � 3,624.00/annum
6041000.00
Principal KB Home CoastaL Inc.
Address 36310 Inland Valley Drive
City/State Wildomar CA
Zip 92595
Phone (951) 258-4890
WHEREAS, the City Council of the City of Menifee, State of California, and KB Home Coastal, Inc. (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to Tract 29835-4 POC11 , which agreement(s), dated _________ , is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s);
NOW, THEREFORE, we the principal and The Continental Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Six Hundred Four Thousand and no/100, Dollars, ($ 6041000.00) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement(s) and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Menifee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 83
Menifee Mayor and City Council
August 17, 2022
Page
346 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 84
Menifee Mayor and City Council
August 17, 2022
Page
347 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 85
Menifee Mayor and City Council
August 17, 2022
Page
348 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 86
Menifee Mayor and City Council
August 17, 2022
Page
349 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 87
Menifee Mayor and City Council
August 17, 2022
Page
350 of 734
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499. 2)
FOR: Landscape $ 69,000. 00
Irrigation $ 99,750.00
Construction $ 83,000.00
Contingency $ 50,250.00
Total $ 302,000.00
Surety The Continental Insurance Company
Address 1 51 N. Franklin Street
City/State Chicago, IL
Zip code ---'6'--"0""""6 __ 06=-----
Phone _(31 2) 822-5000
Tract Map --=2=9=83=--=5'--------
Other Proj. Ref. IP21-064L
Bond No. .;;;..30.;;;..1.:.....;;5=2=6...:....;15=------- Premium Included in Performance Bond
Principal KB Home Coastal, Inc.
Address 3631 0 Inland Valley Drive
City/State Wildomar, CA
Zip 92595
Phone (951) 258-4890
WHEREAS, the City Council of the City of Menifee, State of California, and KB Home Coastal, Inc. , (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to Tract 29835-4 POC11 , which agreement(s), dated _______ is/are hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement(s), principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Menifee to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California; NOW, THEREFORE, said principal and the undersigned, as corporate surety, are firmly bound unto the City of Menifee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement(s) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Three Hundred Two Thousand and no/100 Dollars, ($ 302,000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 10/26/20
4-
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 88
Menifee Mayor and City Council
August 17, 2022
Page
351 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 89
Menifee Mayor and City Council
August 17, 2022
Page
352 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 90
Menifee Mayor and City Council
August 17, 2022
Page
353 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 91
Menifee Mayor and City Council
August 17, 2022
Page
354 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 92
Menifee Mayor and City Council
August 17, 2022
Page
355 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 93
Menifee Mayor and City Council
August 17, 2022
Page
356 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 94
Menifee Mayor and City Council
August 17, 2022
Page
357 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 95
Menifee Mayor and City Council
August 17, 2022
Page
358 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 96
Menifee Mayor and City Council
August 17, 2022
Page
359 of 734
This Section shall not be construed as an authorization for any party to assign any right or obligation.
IN WITNESS WHEREOF, Developer has affixed his name, address and seal.
Dated: February 7, 2022
Dated: , 2022 --------
CITY OF MENIFEE
By ____________ _
Armando G. Villa, City Manager
ATTEST:
By ___________ _
Sarah Manwaring, City Clerk
By: Home Coastal Inc.
cott Hansen, VP, Forward Planning
CITY OF MENIFEE
By:------------Daniel Padilla, City Engineer
APPROVED AS TO FORM:
By:-----------
Jeffrey T. Melching, City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 97
Menifee Mayor and City Council
August 17, 2022
Page
360 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 98
Menifee Mayor and City Council
August 17, 2022
Page
361 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 99
Menifee Mayor and City Council
August 17, 2022
Page
362 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 100
Menifee Mayor and City Council
August 17, 2022
Page
363 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 101
Menifee Mayor and City Council
August 17, 2022
Page
364 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 102
Menifee Mayor and City Council
August 17, 2022
Page
365 of 734
Item Title: 10.11
Final
Map
and
Security
Improvement
Bonds
and
Agreements
for
Tract
Map
29835-4,
Underwood,
by
KB
Home
Coastal,
Inc.
Item Page Number: 103
Menifee Mayor and City Council
August 17, 2022
Page
366 of 734
CITY OF MENIFEE
SUBJECT: McCall Boulevard Resurfacing Notice of Completion and Acceptance
MEETING DATE: August 17, 2022
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the improvements for Capital Improvement Project (CIP) 21-13: McCall Boulevard Resurfacing Project, located on McCall Boulevard from Encanto Drive to Oakhurst Avenue; and
2. Authorize the City Clerk Department to file the Notice of Completion with the Riverside County Recorder’s Office.
DISCUSSION
The McCall Boulevard Resurfacing Project (”Project”) consisted of roadway resurfacing and reconstruction, replacement of 13 non-compliant pedestrian ramps, curb, gutter, and cross gutters, adjustment of utility covers, and restriping along the approximately 1.2 mile stretch of McCall Boulevard from Encanto Drive to Oakhurst Avenue. The Project required coordination with Eastern Municipal Water District (“EMWD”) to adjust utility covers throughout the neighborhood.
Due to the City’s prior easement rights in the area, the City was reimbursed for utility work in the amount of $18,355 from EMWD.
On September 15, 2021, the City Council approved a construction budget of $1,363,053 to complete the improvements along McCall Boulevard. The final construction costs for the Project were $1,238,394, including ancillary construction costs like labor compliance services. There was one change order for the project which is summarized in Table 1 below.
Upon completion of construction and receipt of the final invoice, it is common practice to reconcile actual bid item costs against the original estimated bid item amounts in the contract and prepare a final change order, or clean-up change order. By accepting the final change order, the contractor relinquishes any claims against the unused contract balance and agrees to the actual quantities Item Title: 10.12
McCall Boulevard Resurfacing Notice of Completion and Acceptance Item Page Number: 1
Menifee Mayor and City Council
August 17, 2022
Page
367 of 734
City of Menifee Staff Report
CIP 21-13 NOC
August 17, 2022