Menifee City Council
June 7, 2023

Dredge/Extraction Permanent Impacts
Lake/Reservoir
Acres
Cubic Yards
Linear Feet
Ocean/Bay/Estuary
Acres
Cubic Yards
Linear Feet
Riparian Zone
Acres
Cubic Yards
Linear Feet
Stream Channel
Acres
Cubic Yards
Linear Feet
Vernal Pool
Acres
Cubic Yards
Linear Feet
Wetland
Acres
Cubic Yards
Linear Feet
Classification System Name (if
known):

Classification(s):

Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 19
Menifee Mayor and City Council June 7, 2023 Page 312 of 1858

Additional Direct and Indirect Impact Information
Direct Impact Description: Describe the nature and extent of temporary and permanent impacts to waters of the state. Attach map(s) that clearly depict the anticipated area of direct impact.

As detailed in the Project Description, the proposed project would replace the existing low-flow crossing (i.e., Bradley Road) at Salt Creek with an all-weather bridge and include improvements to Bradley Road to the north and south of the proposed bridge. Additionally, the proposed project would relocate the existing Southern California Gas Company natural gas line, install two aggregate-base access ramps, remove existing fencing within Salt Creek by hand using hand tools, and reconstruct portions of the Salt Creek Trail (outside of RWQCB jurisdiction).

As shown in Figure 6, the proposed work outlined above would result in permanent impacts to approximately 0.21 acre of ephemeral, non-wetland waters of the United States and state due to the construction of the aggregate-base access ramps, bridge abutments, and rock slope protection needed to support and stabilize the bridge. Additionally, the proposed project would result in temporary impacts to approximately 0.80 acre of ephemeral, non-wetland waters of the United States and state in order to allow construction-related access within Salt Creek and the relocation of the existing natural gas utility line. Grading would require approximately 3,500 cubic yards of cut and 8,000 cubic yards of fill. Figure 5 shows the aquatic resource impact area in detail. Further information regarding the aquatic resource delineation conducted for the proposed project is detailed in the Natural Environmental Study (Minimal Impacts) for Bradley Road Bridge (NESMI).

Indirect Impact Description: Indirect impacts could be those that are reasonably foreseeable outside of the direct impact area, or that occur later in time, that may have an adverse effect on water quality. Examples of indirect impacts could include fluctuating or disturbed water levels, climate change adaptation, and disturbed habitat connectivity corridors.

Describe potential impacts to water quality from the project discharge. For example, describe increased turbidity, settleable matter, or other pollutants that may affect beneficial uses associated with the proposed project area. Attach map(s) that clearly depict the anticipated area of indirect impact, as feasible.

Construction of the proposed project would involve ground-disturbing activities for grading and excavation that could result in sediment discharge in stormwater runoff. Additionally, construction would involve the use of oil, lubricants, and other chemicals that could be discharged from leaks or accidental spills. These potential sediment and chemical discharges during construction would have the potential to impact water quality in receiving water bodies. Operation of the proposed project over the long-term would not directly produce water or wastewater discharge. Sediment, oils, and other debris from vehicles may collect on the proposed bridge and be discharged during rain events. Such potential indirect discharges would not be substantially different when compared to the existing condition.

Per USGS NHD, Salt Creek within the project site continues west and drains into Canyon Lake.

Flows from Canyon Lake continue into the San Jacinto River which drains into the Santa Ana River and eventually flows into Lake Elsinore (USGS 2023). The Santa Ana RWQCB Basin Plan identifies intermittent beneficial uses of Salt Creek for water contact recreation (REC1), non-contact water recreation (REC2), warm water ecosystem (WARM), and wildlife habitat (WILD).

Potential indirect impacts to the intermittent beneficial uses outlined above will be minimized with the implementation of appropriate Best Management Practices (BMPs), as outlined below in Section 8 and the Natural Environmental Study (Minimal Impacts) for Bradley Road Bridge (NESMI, Item Title: 10.15
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Dudek 2022; Attachment D). Furthermore, per the Addendum No. 1 to the Final Bradley Road Bridge Mitigated Negative Declaration (MND, Dudek 2022; Attachment E), implementation of BMPs identified in the project’s Storm Water Pollution Prevention Plan (SWPPP) would further minimize adverse effects to water quality and erosion.

Cumulative Impacts: Provide a brief list/description, including estimated adverse impacts, of any projects implemented by the applicant within the last five years or planned for implementation by the applicant within the next five years that are in any way related to the proposed activity or that may impact the same receiving water body(ies) as the proposed activity. For purposes of this item, the water body extends to a named source or stream segment identified in the relevant Basin Plan. (CCR § 3856(h)(8).)
The Applicant has not implemented/constructed any projects within the past 5 years that impacted Salt Creek or its tributaries. However, the Applicant does intend on replacing another low-flow, at grade road crossing where Murrieta Road crosses Salt Creek. The proposed Murrieta Road Bridge project is located along Murrieta Road between Park City Avenue and Camino Del Sol Norte. The project will consist of roadway widening and a new bridge spanning the length of Salt Creek for a length of approximately 470 feet. The bridge will consist of a 4-lane bridge with pedestrian sidewalks and a signalized trail crossing. This project will investigate the horizontal and vertical alignment to meet 100-year flood limits, scouring analysis, etc. The proposed bridge will follow current Caltrans Standards and Specifications for design and construction. However, the Murrieta Road Bridge Project is in its infancy and it’s not at the stage where a project application has been filed, or where environmental review has been commenced to implement the proposal as a “project”. Further, this project is not under active environmental review for development, approved for construction, under construction, or completed. In addition, this project is not funded, such that it is “ready” to be submitted as a project application; therefore, this proposal is not “ready” to be the subject of environmental review at this time. Furthermore, this project does not have any set design or construction plans in place for study purposes; as a result, there is uncertainty as to design, location, configuration, timing, impacts, and other factors. It is presumed that, similar to the proposed project, direct, permanent impacts to Salt Creek resulting from the Murrieta Road Bridge Project would be less than 0.5 acre.

Depending on the quantity of new or replaced impervious surface area resulting from the project, a post-construction stormwater control plan and/or an operations and maintenance plan may be required to mitigate potential post-construction stormwater impacts. The plan may include drainage maps, detailed designs for Low Impact Development or other post-construction stormwater treatment and control measures, and design calculations. Contact Water Board staff for specific criteria.

Does the proposed project create or replace impervious surface? Yes No If yes, provide the total impervious surface area created or replaced in square feet:
104,544 square feet
Section Eight: Avoidance and Minimization Measures
Applicants must describe actions that have been taken (or will be taken) to avoid and minimize impacts to waters of the state (Procedures section IV.B.a.). Unless an exemption applies, an applicant must submit an alternatives analysis to demonstrate that the propose project is the least environmentally damaging practicable alternative (LEDPA; Procedures section IV.A.1.h. and IV.B.). In cases where the Corps requires an alternatives analysis, the Water Boards will defer to the Corps’ Item Title: 10.15
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determination except in certain circumstances. For guidance on how to prepare an alternatives analysis or to determine if an exemption may apply, reference the Procedures Implementation Guidance
(https://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/dredge_fill/revised_guidance. pdf).

Alternatives Analysis
Has an alternatives analysis been prepared? Yes No
Does the U.S. Army Corps of Engineers require an alternatives analysis for this project? Yes No
If yes, submit alternatives analysis documentation consistent with that provided to the Corps.

If an alternatives analysis is not provided, indicate which Procedures section IV.A.1.g exemption applies and include any relevant supporting information, if needed (e.g., watershed plan, relevant permit number, etc.):

Not applicable.

Check which Procedures section IV.A.1.h alternatives analysis tier applies to the project:

Water Board staff will evaluate the project information to verify the appropriate alternatives analysis tier:

Tier 1 Tier 2 Tier 3
Avoidance and Minimization Measures
Describe the efforts to avoid and minimize direct impacts to waters of the state including actions/BMPs to be implemented during construction to avoid and minimize impacts including, but not limited to, preservation of habitats, erosion control measures, project scheduling, flow diversions, etc.

A description may include actions or methods proposed for erosion control, including winterization strategies to stabilize bare soils and revegetation proposals. A map may be included to indicate the approximate location and area of soil, land, and vegetation disturbance, and proposed erosion and sediment control best management practices.

Reference the Procedures’ state supplemental Dredge or Fill Guidelines, subpart H for potential actions to minimize adverse impacts to waters of the state.

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Direct Impact Avoidance and Minimization:

The measures outlined below would be implemented during the proposed project construction activities to avoid and minimize direct impacts on water quality and RWQCB-jurisdictional aquatic resources.

As outlined and detailed in the Natural Environmental Study (Minimal Impacts) for Bradley Road Bridge (NESMI, Dudek 2022) provided in Attachment D, BIO-1 will ensure that (1) vehicles and equipment will not be operated in ponded or flowing water except as described in the permits; (2) water containing mud, silt, or other pollutants from grading (i.e., raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products) or other activities such as soil sites do not enter jurisdictional waters or be placed in locations that may be subject to high storm flows; and (3) no equipment maintenance occur within jurisdictional water and no petroleum products or other pollutants from the equipment enter these areas or any off-site watercourse under any flow. Additionally, a qualified biologist will conduct a training session for project personnel prior to construction. The training shall include a discussion of the general provisions of applicable environmental regulations, the need to adhere to the provisions of the regulations, the penalties associated with violating the provisions of the regulations and the access routes to and project site boundaries within which the project activities must be accomplished (see BIO-3 of the NESMI). Lastly, a qualified biologist shall monitor clearing and grubbing, grading, excavation, and soil movement activities during construction to ensure that all practicable measures are being employed to avoid incidental disturbance of habitat outside the project footprint (see BIO-2 of the NESMI).

Per the Addendum No. 1 to the Final Bradley Road Bridge Mitigated Negative Declaration (MND, Dudek 2022), provided in Attachment E, implementation of BMPs identified in the project’s Storm Water Pollution Prevention Plan (SWPPP) would further minimize adverse effects to water quality and erosion, ensure that water quality standards are met, and that stormwater runoff from the construction work areas do not cause degradation of water quality in receiving water bodies. Some of the SWPPP BMPs include use of silt screening or fiber filtration rolls, appropriate handling and disposal of contaminants, pesticide application restrictions, litter control and pickup, and vehicle and equipment repair and maintenance in designated areas.

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Indirect Impact Avoidance and Minimization:

The measures outlined in the Natural Environmental Study (Minimal Impacts) for Bradley Road Bridge (NESMI, Dudek 2022; Attachment D) and Addendum No. 1 to the Final Bradley Road Bridge Mitigated Negative Declaration (MND, Dudek 2022; Attachment E), described further above, would also avoid and minimize indirect impacts on RWQCB-jurisdictional aquatic resources.

Additionally, the following mitigation measure per the MND would ensure further minimization of indirect impacts on RWQCB-jurisdictional aquatic resources:

MM-BIO-3: To minimize potential indirect impacts to jurisdictional waters, the following shall be implemented during construction to the satisfaction of the City of Menifee Community Development Department:

BMPs shall be implemented to avoid indirect impacts to jurisdictional waters, including:

A. Vehicles and equipment shall not be operated in ponded or flowing water except as described in the permits.

B. Water containing mud, silt, or other pollutants from grading or other activities shall not be allowed to enter jurisdictional waters or be placed in locations that may be subjected to high storm flows.

C. Spoil sites shall not be located within locations that may be subject to high storm flows, where spoils might be washed back into drainages.

D. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil, or other petroleum products, or any other substances that could be hazardous to vegetation or wildlife resources, resulting from project-related activities, shall be prevented from contaminating the soil and/or entering avoided jurisdictional waters.

E. No equipment maintenance shall occur within jurisdictional waters and no petroleum products or other pollutants from the equipment shall be allowed to enter these areas or enter any off-site state-jurisdictional waters under any flow.

Water Quality Monitoring, Diversions and Dewatering
Does the proposed project include any dewatering, work in standing or flowing water, and/or constructing diversions of water?
Yes No
If yes, a water quality monitoring plan to monitor compliance with water quality objectives of the applicable water quality control plan may be required.

Describe the water diversion and dewatering plan, or indicate where information is located within an attachment (Procedures section IV.A.2.c):

If there are proposed discharges of water to surface waters, include receiving water body name, estimated volume, flow rates and proposed management measures; if there are discharges to detention ponds or upland treatment facilities (such as temporary settling basins, filters bags, storage and/or treatment containers, etc.) then include their location and indicate if detention pond or treatment facility is on-site or off-site; if there are stream-channel diversions, include estimated flow rates, diversion system capacity, location, including upstream diversion points and downstream discharge point, and a diversion plan that provides measures to prevent erosion and turbidity, maintain fish passage, etc.

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Not applicable.

Excavations to construct the proposed bridge will be completed above the regional groundwater table. As such, the Applicant anticipates dewatering, if it is needed, will be limited to preventing surface water from entering excavations and limited dewatering of seasonally perched groundwater. The Applicant does not anticipate needing to acquire a dewatering permit at this time as they intend to either phase construction to occur during the dry season or low flow by means of diking/diversion of surface water and use of dewatering trenches, ditches, and/or sumps.

Section Nine: Ecological Restoration and Enhancement Projects (EREPs) Is this application for a project that meets the definition of an Ecological Restoration and Enhancement Project (Procedures section V)?
Yes No
Applications for Ecological Restoration and Enhancement Projects require an assessment plan with the following information (Procedures section IV.A.2.e):

Project objectives
Description of performance standards used to evaluate attainment of objectives Protocols for condition assessment
The timeframe and responsible party for performing condition assessment Assessment schedule
A draft restoration plan for restoring temporarily impacted areas to pre-project conditions, if a draft restoration plan is not provided as part of a binding stream or wetland enhancement or restoration agreement
Section Ten: Restoration of Temporary Impacts
If temporary impacts are proposed, applicants are required to submit a draft restoration plan for a complete application. Temporary impact restoration includes activities that are undertaken to restore the temporarily impacted area to pre-project conditions. A draft restoration plan should outline design, implementation, assessment, and maintenance activities. When active restoration is proposed, components of a draft restoration plan should include project objectives, plans for grading impacted areas to pre-project contours, a planting palette with plant species native to the area, seed collection locations, an invasive species management plan. Maintenance and assessment components of a draft restoration plan often includes performance measures, performance standard descriptions, attainment objectives, and timing proposed to reach attainment objectives. When passive restoration is proposed, a draft restoration plan should include an explanation of how passive restoration will restore the area to pre-project conditions, assessment components, and an estimated date for expected restoration.

If the draft restoration plan is part of a larger document, identify the specific section and page number where the requested information may be found in the attached document in the text box provided. If restoration of temporary impacts will occur through natural ecological processes, provide that information in the text box below.

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Restoration Plan
Is a restoration plan attached? Yes No
Describe the restoration plan and/or indicate where information is located within an attachment:

The Applicant proposes to restore all temporarily impacted streambed to pre-construction contours and conditions at a 1:1 mitigation ratio by removing all temporary structures and any supportive material as soon as reasonably possible, by completely removing temporary fills, such as diversion structures, upon work completion, and by recontouring the streambed, as needed. Temporary impacts to vegetated areas would be restored with erosion control methods, such as hydroseeding, hand-seeding, and replanting native plant species with some combination thereof to best mimic the pre-construction baseline environmental conditions. The Applicant will develop a native hydroseed mix that shall be applied to the temporarily disturbed areas following construction and monitored for a 24-month period to confirm germination to the satisfaction of the City of Menifee Community Development Department. Additionally, the project was designed to avoid and minimize adverse effects to RWQCB-jurisdictional aquatic resources, as further detailed in Section Eight (Avoidance and Minimization Measures) further above. The Natural Environmental Study (Minimal Impacts) for Bradley Road Bridge (NESMI, Dudek 2022) will be implemented to avoid and minimize potential adverse environmental effects that may be caused by the proposed project.

Section Eleven: Compensatory Mitigation
Compensatory mitigation means the restoration, establishment, enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved (Procedures Appendix A, Subpart J § 230.92). When compensatory mitigation is required, a draft compensatory mitigation plan is required for a complete application.

Proposed Compensatory Mitigation
Complete this table for each aquatic resource type proposed as compensatory mitigation; if more than two aquatic resource types will be provided, attach additional tables to your application.

Proposed Compensatory Mitigation Type, Choose one of the following:

Mitigation Bank In-Lieu Fee Program Permittee Responsible Mitigation Aquatic Resource Type. Choose one of the following aquatic resource type(s):

Lake/Reservoir Ocean/Bay/Estuary Riparian Zone
Stream Channel Vernal Pool Wetlands
Mitigation Method and Quantity for the Selected Mitigation and Resource Type:

Unit Establish
ment
Re-estab
lishment
Rehabilita
tion
Enhance
ment
Preservati
on
Unknown
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Acres 0.63
Linear
Feet
N/A
Proposed Compensatory Mitigation
Complete this table for each aquatic resource type to be provided as compensatory mitigation; if more than two aquatic resource types will be provided attach additional tables to your application.

Proposed Compensatory Mitigation Type. Choose one of the following:

Mitigation Bank In-Lieu Fee Program Permittee Responsible Mitigation Aquatic Resource Type. Choose one of the following aquatic resource type(s):

Lake/Reservoir Ocean/Bay/Estuary Riparian Zone
Stream Channel Vernal Pool Wetlands
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Mitigation Method and Quantity for the Selected Mitigation and Resource Type:

Unit Establish
ment
Re-estab
lishment
Rehabilita
tion
Enhance
ment
Preservati
on
Unknown
Acres
Linear
Feet

Draft Compensatory Mitigation Plan
Using a watershed approach, a draft compensatory mitigation plan should be provided and be consistent with the requirements listed in Procedures Appendix A, Subpart J, and contain the items listed in section IV.A.2.b of the Procedures.

For mitigation bank or in-lieu fee program proposals, only the first three items below are required (i, ii, and iii). For permittee responsible mitigation, items one through seven are required. Item eight (climate change assessment) is required on a case-by-case basis; you may contact Water Board staff to determine if a climate change assessment will be required for your proposed mitigation project.

Indicate the attached document name and page number where each draft compensatory mitigation plan item may be found:
i. A watershed profile for the project evaluation area for both the project activity and the proposed compensatory mitigation location (section IV.A.2.b.i).

The Applicant proposes to mitigate for direct, permanent impacts to 0.21 acre of ephemeral, non-wetland waters of the state through the purchase of 0.63 acre of non-wetland waters of the U.S. ephemeral or intermittent stream enhancement credits at a 3:1 mitigation ratio from the Soquel Canyon Mitigation Bank. The Soquel Canyon Mitigation Bank (Bank) is located within Soquel Canyon Creek and unnamed tributaries to Soquel Canyon Creek, all tributary to the Santa Ana River, within the City limits of Chino Hills, in the southwestern corner of San Bernardino County, and in unincorporated Orange County, California. The majority of the Bank occurs within San Bernardino County (306 acres) while 7 acres occurs within unincorporated Orange County. The Bank encompasses the following assessor's parcel numbers (APNs) within San Bernardino County: 1033-021-07, 1033-131-03, 1033-131-04, 1033-011-02, 1033-011-03, 1033-011-04, 1033-021-02, and 1033-021-03; and within Orange County: 312-051-02. Its southern boundary is the Chino Hills State Park, a premier natural open space area near the junction of San Bernardino, Orange, Riverside and Los Angeles Counties. The State Park is a critical link in the Puente-Chino Hills biological corridor, encompassing over 14,000 acres of oaks, sycamores, and rolling grassy hills stretching nearly 31 miles from the Santa Ana Mountains to the Whittier Hills. The Bank drains into the San Gabriel, Lower Los Angeles and Santa Ana River watersheds, resulting in a large service area that includes portions of Orange, San Bernardino, Riverside, and Los Angeles Counties. The proposed Bradley Road Bridge project appears to lie within the tertiary service area of the Soquel Canyon Mitigation Bank.

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Enhancement activities associated with the Bank included installation and maintenance of fencing and signage to protect and conserve the Bank; removal of nonnative vegetation; removal of trash, and debris; and installation of best management practices (e.g., silt fencing, straw wattles) for sediment erosion control, where necessary. Restoration activities included those listed for enhancement and also included the installation of native plant species.

Vegetation removal was be performed using hand tools, mechanical cutters and shredders, and herbicides. No earth-moving and/or grading activities to establish the Bank was proposed.

The Bank generates waters of the United States stream enhancement credits by converting non-native vegetative communities to native types, reducing/eliminating invasive seed sources and, enhancing habitats for protected species. These activities repair and ultimately improve habitat for federally listed species, including least Bell’s vireo and California coastal gnatcatcher. Enhancement is also achieved by excluding cattle and managing invasive species in existing natural communities.

These activities will serve to improve hydrologic conditions, restore connectivity between adjacent areas of preserved land and natural habitats, and restore and improve wildlife movement corridors, which would result in a net gain in functions and services of aquatic resources within the watershed.

The Riverpark Mitigation Bank continues to be a mitigation option for the preferred project; however, given the fact that the community demand for credits has exceeded supply for the current phase release (i.e., Phase C), the timing of future credit releases will not likely align with the construction schedule for the proposed project. On April 19, 2023, the Bank Sponsor informed the Applicant that future credit releases are likely expected to occur in 2024; however, the credit release is based on achieving habitat restoration success criteria as established by the resource agencies. Therefore, the Riverpark Mitigation Bank staff are unable to estimate a reliable schedule at this time.
ii. An assessment of the overall condition of aquatic resources proposed to be impacted by the project and their likely stressors, using an assessment method approved by the Water Boards (section IV.A.2.b.ii).

The existing Bradley Road alignment crosses Salt Creek, a wide, shallow, east–west trending flood control channel that directly discharges into Canyon Lake, an artificial freshwater lake located in the community of Canyon Lake located off site and downstream of the proposed project. Additionally, Salt Creek is a blue-line stream that has been designed with steep, engineered channel banks and, in many areas, is a maintained and managed floodplain. Salt Creek was originally channelized and engineered to retain flows up to a 100-year storm event and reduce flooding, although, due to the lack of periodic maintenance and continuous sediment transport over the years, there are some areas along the length of the creek that are no longer capable of maintaining 100-year flows within the banks. Bradley Road crosses Salt Creek in a north-to-south direction, generally at an equal elevation to Salt Creek. Within the project area, Salt Creek is routinely mowed by District staff for flood control management and is characterized as a disturbed, ruderal floodplain dominated largely by non-native herbs, grasses, and forbs. Salt Creek within the project area contains an active lowflow channel, defined by incised channel banks, ranges in width from 3 feet to 5 feet and is mapped as open channel with a sandy bottom intermixed with small river cobble. The active floodplain boundary, where water overtops the main, active low-flow channel during larger rain events, is approximately 500 feet wide, on average, and extends from the toe of the southern levee to the toe of the north levee. The main, active low-flow channel supported clearly discernible channel morphology (i.e., clear bed and bank) with evidence of channel incision, shelving, drainage patterns, and drift lines. Salt Creek was originally channelized and engineered to retain flows up to a 100-year storm event and reduce flooding, although, due to the lack of periodic maintenance and continuous sediment transport over the years, there are some areas along the creek that are no longer capable of maintaining 100-year flows within the banks. As shown on Figure 5, Bradley Item Title: 10.15
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Road crosses Salt Creek in a north-to-south direction, generally at an equal elevation to Salt Creek.

Due to this design characterization, the present Bradley Road is a stressor to Salt Creek and is prone to flooding during rain events, creating unstable, erosive conditions along the road shoulder. iii. A description of how the project impacts and compensatory mitigation would not cause a net loss of the overall abundance, diversity, and condition of aquatic resources, based on the watershed profile. If the compensatory mitigation is located in the same watershed as the project, no net loss will be determined on a watershed basis. If the compensatory mitigation and project impacts are located in multiple watersheds, no net loss will be determined considering all affected watershed collectively. The level of detail in the plan shall be sufficient to accurately evaluate whether compensatory mitigation offsets the adverse impacts attributed to the project (section IV.A.2.b.iii).

The intent of the Soquel Canyon Mitigation Bank is to improve and restore wetland hydrology to Soquel Canyon Creek and complete associated habitat restoration and enhancement activities, resulting in the creation of a largescale mitigation bank on parcels totaling 313 acres. Overall, the Soquel Canyon Mitigation Bank is designed as a restoration and enhancement project to improve natural floodplain/riverine habitats within the watershed. Goals of the mitigation bank include reestablishing native habitat in areas that have experienced severe degradation due to prolonged cattle grazing and agricultural uses as well as removing non-native invasive species and restoring native vegetation. This serves to improve hydrologic conditions, significantly reduce the upstream invasive species seed sources, preserve connectivity between adjacent areas of preserved land and natural habitats, and preserve wildlife movement corridors, and would result in a net gain in functions and services following restoration activities. In comparison, the aquatic resources in the project site are unvegetated, ephemeral in nature, and highly disturbed by persistent anthropogenic influences including routine vegetation management and a considerable amount of trash deposition and pedestrian uses. The mitigation proposed is anticipated to fully compensate for proposed permanent impacts to waters of the state.

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iv. Preliminary information about ecological performance standards, monitoring, and long-term protection and management, as described in the state supplemental dredge or fill guidelines (section IV.A.2.b.iv).
v. A timetable for implementing the compensatory mitigation plan (section IV.A.2.b.v.) vi. If the compensatory mitigation plan includes buffers, design criteria and monitoring requirements for those buffers (section IV.A.2.b.vi).
vii. If compensatory mitigation involves restoration or establishment as the form of mitigation, applicants shall notify, as applicable, state and federal land management agencies, airport land use commission, fore control districts, flood control districts, local mosquito-vector control district(s), and any other interested local entities prior to initial site selection. These entities should be notified as early as possible during the initial compensatory mitigation project design stage (section IV.A.2.b.vii).
(Applicants are not required to submit documentation for this requirement.) viii. If applicable, an assessment of reasonably foreseeable impacts to the compensatory mitigation associated with climate change, and any measures to avoid or minimize those potential impacts (section IV.A.2.b.viii).

Compensatory Mitigation Contact Information
Name of Mitigation Bank or
In-Lieu Fee Program:

Soquel Canyon Mitigation Bank (SCMB)
Service Area: The service area for the SCMB is as follows:
 Santa Ana River (Counties of Los Angeles, San Bernardino, and Orange) (HUC 18070203)
 Lower Los Angeles River (County of Los Angeles) (HUC
1807010504)
 San Gabriel River (Counties of Los Angeles, San Bernardino, and Orange) (HUC 18070106)
 Bolsa Chica Channel (County of Orange) (HUC 1807020100)  San Diego Creek (County of Orange) (HUC 1807020401)
Contact Name: Nate Bello
Contact Phone: (877) 445-8699
Contact Email: [email protected]
Mitigation Location County: San Bernardino County, Unincorporated Orange County Item Title: 10.15
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Mitigation Site Latitude: Not applicable.

Mitigation Site Longitude: Not applicable.

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Section Twelve: Legally Responsible Person Attestation and Optional Duly Authorized Representative Assignment
The attestation below must be signed by the Legally Responsible Person (LRP). 1) LRP eligibility is as follows:
a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:
i. A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function; or
ii. The manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively. c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. This includes the chief executive officer of the agency or the senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of the U.S. EPA).

Legally Responsible Person Attestation
I certify under penalty of law that this application and all attachments were prepared under my direction or supervision in accordance with a process designed to assure that qualified personnel properly gather and evaluate the information submitted. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Carlos Geronimo
X
Legally Responsible Person's Signature
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Menifee Mayor and City Council June 7, 2023 Page 326 of 1858

2) DAR assignment is as follows (optional):
a. The authorization shall specify that a person designated as a DAR has responsibility for the overall operation of the regulated facility or activity, such as a person that is a manager, operator, superintendent, or another position of equivalent responsibility, or is an individual who has overall responsibility for environmental matters for the company.

Optional Duly Authorized Representative (DAR) Assignment I hereby authorize Tricia Wotipka, Dudek, to act on my behalf as the DAR in the processing of this application, and to furnish upon request, supplemental information in support of this permit application.

Carlos Geronimo
X
Legally Responsible Person's Signature
Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 34
Menifee Mayor and City Council June 7, 2023 Page 327 of 1858

Section Thirteen: Fee Information
Fee amounts are determined according to the Cal. Code Regs., tit. 23, § 2200(a)(2) fee schedule (https://govt.westlaw.com/calregs/Document/IEEE14760D45A11DEA95CA4428EC25FA0?viewType= FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Defa Def) and are subject to change.

Submit the Application Fee based on the activity type and according to the appropriate fee category.

Application fees are required to determine an application complete. Additional Project and/or Annual Fees may be imposed upon application review.

An excel fee calculator
(https://www.waterboards.ca.gov/resources/fees/water_quality/docs/dredgefillcalculator.xlsm) may be used to estimate fees for budgeting purposes only.

Fees may be paid online or by check. Information on how to make an online payment is available at the State Water Board’s webpage (https://www.waterboards.ca.gov/make_a_payment/). If fees are paid online prior to application submission, attach payment receipt to this application. Make checks, money orders, and cashier checks payable to the State Water Resources Control Board. Mailed payments should be attached to the application and remitted to the appropriate Water Board. See the Staff Directory
(https://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/wqc_staffdir.pdf) for a list of State and Regional Water Board addresses.

Table for Internal Use Only
Date Received Reg Measure ID
WDID No. ECM Handle
Check No. Check Amount
Place ID
Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 35
Menifee Mayor and City Council June 7, 2023 Page 328 of 1858 FALSE
Category A Fill & Excavation Discharges (Fee Code 84) Note: discharge size equals the sum of temporary and permanent impacts

1.52 1.52
Rounded to two
decimal places
Category B* Dredging Discharges (Fee Code 86)
0 Rounded to
whole number
Flat Fee Categories - Check ONE applicable box
Category C (Fee Code 85)

FALSE -
Category D (Fee Code 85)

FALSE -
Category E (Fee Code 87)
-
FALSE
Category F (Fee Code 85)

FALSE -
Category G Amended Orders - Check applicable box, Step 5 below FALSE
FALSE
FALSE
FALSE
Category H (Fee Code 19) Note: Maximum fee not applicable to this category FALSE
Total Fees
$2,734
(2) Administrative amendments including, but not limited to, ownership changes, typographic edits, or time extensions that do not result in a temporal loss of resource function. Amendments in this category require no technical analysis or additional compensatory mitigation.
(1) All Category (D) Ecological and Restoration and Enhancement Projects, regardless of amendment type.
(4) Amendment requires a supplemental CEQA analysis, or Amendment results in change(s) in impact character, location, or volume of the discharge, or a time extension that results in a temporal loss of resource function, according to the following criteria:
-Amendment increases the active certification's impact quantity by more than 50 percent, or
-Amendment requires a change to the mitigated aquatic resource type.

Application
Fee
Annual
Fee
$37,036
Annual fee applicable per
discharge category above.

Annual Fee
Invoiced annually
(unless maximum $237,190 fee reached)
$0
Category A Project Fee or Amendment Fee
Due prior to certification or amendment
Application Fee
Due with application
$34,302
FY 22/23 Water Quality Certification Dredge and Fill Application Fee Calculator (effective 11/28/22) Application
Fee
Annual
Fee
$2,734 $34,302 $2,297
Please contact the State Water Board's Wetlands Permitting and Planning Manager with any questions Important note: This calculator may not be applicable to federal dischargers.

Combination Project : Check box for a
combination deep water dredging and fill
project; which are subject to both Category A
and B fees.

Discharge
Size
This calculator is publicly available for informational purposes only and estimates fees in accordance with the fiscal year 2022-2023 water quality fee schedule. Applicants may use the calculator to generate estimates for project budgeting. The State Water Board does not guarantee the accuracy of estimates generated by the calculator. The final fee amount will be determined by Water Boards staff in accordance with California Code of Regulations, Title 23, section 2200(a)(3). The State Water Board reserves the right to modify the calculator at any time.

Discharge Area Acres x $24,366
Scroll down to see instructions below and use this calculator to estimate Water Quality Certification application fees FALSE
Click here for a link to the current regulations.
(H) Wildfire Mitigation by Electrical Corporations,
Electric Utilities, and Electrical Cooperatives
Category A
Project Fee or
Amendment Fee
Rounded
Discharge
Size
$0 $0 $0
$0 $0
*Category B Projects are billed annually and based on the quantity of material dredged during the previous fiscal year Expected Annual Dredge
Quantity Cubic Yards x $0.60
Sand Mining, In-Stream Gravel Mining and
Beach Nourishment Discharges
Estimated annual fee
$2,297
Sum of Fees Due Prior to Authorization
Note to dischargers seeking an amendment to an existing order:

Sum does not include any previously paid fee amounts
Ecological Restoration and Enhancement Projects
$0
$0
$0 $0
$0
$0
Emergency Projects authorized by a General Order
Low Impact Discharges
(3) Amendment results in change(s) in impact character, location, or volume of the discharge; or a time extension that results in temporal loss of resource function, according to the following criteria:
-Amendment increases the active certification's impact quantity by less than 50 percent, and
-Amendment does not require a change to the mitigated aquatic resource type.

Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 36
Menifee Mayor and City Council June 7, 2023 Page 329 of 1858 Step 1 Determine the Fee Category for your project:

Fee Based on Fill or Excavation Discharge Size Within the Waterbody (A) Do your project activities add fill material (soil, rocks, concrete, culverts(s), pier pilings, etc.) or excavate soil or other materials within a waterbody? Fill refers to replacing any portion of a water with dry land, or to changing the bottom elevation or grade of any portion of a water. Fill material includes rock, sand, clay, plastics, construction debris, wood chips, overburden from mining, or other construction activities, and materials used to create any structure or infrastructure within waters (culverts, pilings, etc.).

Excavation refers to removing sediment or soil in shallow waters or under no-flow conditions where impacts to beneficial uses are best described by the area of the excavation. It typically is done for purposes other than navigation. Examples include earth-moving work such as trenching for utility lines; channel reconstruction; embankment construction; removing sediment to increase channel capacity; and other flood control and drainage maintenance activities (e.g. debris removal, vegetation management and removal, detention basin maintenance and erosion control of slopes along open channels and other drainage facilities).

Fees Based on Discharge of Dredged Material
(B) Is your project deep water dredging? (except Sand Mining - see (C) below) Dredging generally refers to removing sediment in deeper water to increase depth and typically occur to facilitate navigation. The impacts to beneficial uses are best described by the volume of the discharge removed. Dredge volumes are expressed in cubic yards.

Fee Based on Flat Fee Categories
Does your project qualify for one of the following flat fee categories? To qualify for a flat fee category, the entirety of all project activities must be included within a single flat fee category, i.e., the project cannot include other components involving activities not included within the flat fee category. (C) Sand Mining, In-Stream Gravel Mining and Beach Nourishment Discharges Aggregate extraction in surface waters where source material is free of pollutants and the dredging operation will not violate any basin plan provisions and beach nourishment projects. (D) Ecological Restoration and Enhancement Projects
The project meets the definition of an “Ecological Restoration and Enhancement Project” set forth in the State Wetland Definition and Procedures for Discharges of Dredged or Fill Materials to Waters of the State, adopted by the State Water Board on April 2, 2019:

Ecological Restoration and Enhancement Project means the project is voluntarily undertaken for the purpose of assisting or controlling the recovery of an aquatic ecosystem that has been degraded, damaged or destroyed to restore some measure of its natural condition and to enhance the beneficial uses, including potential beneficial uses of water. Such projects are undertaken:
1) in accordance with the terms and conditions of a binding stream or wetland enhancement or restoration agreement, or a wetland establishment agreement, between the real property interest owner or the entity conducting the habitat restoration or enhancement work and:
a. a federal or state resource agency, including, but not limited to, the U.S. Fish and Wildlife Service, Natural Resources Conservation Service, Farm Service Agency, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, U.S. Forest Service, U.S. Bureau of Land Management, California Department of Fish and Wildlife, California Wildlife Conservation Board, California Coastal Conservancy or the Delta Conservancy;
b. a local agency with the primary function of managing land or water for wetland habitat purposes; or c. a non-governmental conservation organization; or
2) by a state or federal agency that is statutorily tasked with natural resource management. These projects do not include the conversion of a stream or natural wetland to uplands or stream channelization.

It is recognized that Ecological Restoration and Enhancement Projects may require ongoing maintenance or management to maximize fish, wildlife, habitat, or other ecological benefits, or filling gullied stream channels and similar rehabilitative activities to re-establish stream and meadow hydrology. Changes in wetland plant communities that occur when wetland hydrology is more fully restored during rehabilitation activities are not considered a conversion to another aquatic habitat type. These projects also do not include actions required under a Water Board Order for mitigation, actions to service required mitigation, or actions undertaken for the primary purpose of land development. (E) Low Impact Discharges
Projects may be classified as low impact discharges if they meet all of the following criteria:

1. The discharge size is less than all of the following: (a) for fill, 0.1 acre, AND 300 linear feet, and (b) for dredging, 25 cubic yards.

2. The discharger demonstrates that: (a) all practicable measures will be taken to avoid impacts; (b) where unavoidable temporary impacts take place, waters and vegetation will be restored to pre-project conditions as quickly as practicable; and (c) where unavoidable permanent impacts take place, there will be no net loss of wetland, riparian area, or headwater functions, including onsite habitat, habitat connectivity, floodwater retention, and pollutant removal.

3. The discharge will not do any of the following: (a) directly or indirectly destabilize a bed of a receiving water; (b) contribute to significant cumulative effects; (c) cause pollution, contamination, or nuisance; (d) adversely affect candidate, threatened, or endangered species; (e) degrade water quality or beneficial uses; (f) be toxic; or (g) include “hazardous” or “designated” material. (F) Emergency Projects Authorized by a Water Board General Order RGP 8 Corps' Sacramento District
RGP 5 Corps' San Francisco District
RGP 63 Corps' Los Angeles District
(G) Amended Orders (go to Step 4)
(H) Wildfire Mitigation by Electrical Corporations, Electric Utilities, and Electrical Cooperatives Dredge or fill activities conducted by electrical corporations, electric utilities, and electrical cooperatives pursuant to a wildfire mitigation plan prepared in accordance with Public Utilities Code, section 8386(b) or section 8387(b)(1). This annual fee covers all dredge or fill activities conducted by the electrical corporations, electric utilities, and electrical cooperatives pursuant to a wildfire mitigation plan, and is in lieu of the project-specific dredge or fill fees in section 2200(a)(3)(A)-(G) for dredge or fill activities conducted pursuant to a wildfire mitigation plan. Annual fee is assessed as $40.00 per mile of overhead electrical lines identified as high risk or high threat in the wildfire mitigation plan.

General instructions
Terms defining the measurement of a "discharge":

Discharge of "dredged material" is measured by the volume of material removed in deep water dredging activities; Discharge of "fill material" is measured by the physical area of placement of fill material into a waterbody; Discharge of "excavation material" is measured by the physical area within a waterbody where earth-moving activities occur.

Generally, fees are determined by the size or volume of discharge to a water body. Fees for fill and/or excavation projects are based on discharge area in acres. Fees for deep water dredging are based on the volume of dredged material removed in cubic yards. For further explanation, see (A) and (B) below. However, your project may qualify for a flat fee category. If so, the project fee will be based on the fee for that category instead of size or volume (see (C) through (G) below). Amended orders may or may not be subject to fees depending on the complexity of analysis required. Follow the steps below to determine the fee associated with your project. Please contact Water Boards staff with further questions regarding how to use the calculator, click here for a link to the staff directory.

Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 37
Menifee Mayor and City Council June 7, 2023 Page 330 of 1858 Step 6
Fee Types & Due Dates
Projects are subject to fees at three separate times throughout the life of a project. Application and Project Fees are determined according to the fee schedule in effect on the date of application submittal. Annual fees are determined according to the fee schedule in effect on the date of billing:
1) Application Fee: Amount due with the initial application. 2) Project Fee: Amount due prior to certification (applies to Category A only). 3) The Annual Fee amount is invoiced annually: All projects are subject to an Annual Fee each fiscal year or portion of a fiscal year that the certification is active (from the effective date of the order until the regional board or state board issues a Notice of Project Complete Letter to the discharger). The Water Boards fiscal year begins on July 1 and ends on June 30. Dischargers will be invoiced their first Annual Fee beginning in November/December of the year following the Effective Date of certification. Dischargers will be invoiced for an Annual Fee each year until the project is completed. The annual fee for category (A) fill and excavation discharges will be $2,297 for the first five fiscal years following the effective date of the order, then $365 beginning with the sixth fiscal year until the Notice of Completion is issued to the discharger. The annual fee for category (B) dredging discharges will be invoiced after the annual dredge volume has been determined.

Step 2
If you have determined that your project qualifies for a flat fee category (C through H) check the applicable box to calculate fees.

Step 5
See Total Fees for a breakdown of fees owed.

Step 4
Are you requesting an amendment to a previously issued water quality certification or WDR? Fees for amended orders are based on the increased quantity of discharge and the level of technical analysis required evaluate project changes, therefore Water Board staff will determine which category your amendment is subject. Water Board staff will determine the fee for amendments based on the fee schedule and will request the applicant to submit the appropriate fee.

Fees based on amendments are categorized as follows:
(1) All Category (D) Ecological and Restoration and Enhancement Projects, regardless of amendment type. No fee required (2) Administrative amendments including, but not limited to, ownership changes, typographic edits, or time extensions that do not result in a temporal loss of resource function. Amendments in this category require no technical analysis or additional compensatory mitigation. No fee required (3) Amendment results in change(s) in impact character, location, or volume of the discharge; or a time extension that results in temporal loss of resource function, according to the following criteria:
-Amendment increases the active certification's impact quantity by less than 50 percent, and -Amendment does not require a change to the mitigated aquatic resource type.

Additional standard fee assessed per increased amount of discharge(s). The minimum fee is $2,734. For category A or B projects, enter discharge quantities for increased impacts quantities. For flat fee categories, select the appropriate category. (4) Amendment requires a supplemental CEQA analysis, or Amendment results in change(s) in impact character, location, or volume of the discharge, or a time extension that results in a temporal loss of resource function, according to the following criteria:
-Amendment increases the active certification's impact quantity by more than 50 percent, or -Amendment requires a change to the mitigated aquatic resource type.

Additional standard fee assessed per total amount of discharge(s). The minimum fee is $2,734. For category A or B projects, enter discharge quantities for all project impacts, including quantities previously certified. For flat fee categories, select the appropriate category.

Dischargers that have met the project fee cap will be assessed the minimum fee for each amendment of previously-issued WDR or water quality certification.

Step 3
A. Is your project a fill/excavation project?
If your project is a fill/excavation project, calculate your fee based on the size of the discharge area in acres. For projects with multiple impact sites, sum the individual discharge quantities and enter the total in the calculator. For projects impacting multiple water features sum discharge quantities for all features. In addition, fees are based on the sum of both permanent and temporary impacts. The size of the discharge area shall be rounded to two decimal places (0.01 acre = 436 square feet). Category A discharges are subject to the sum of the Application fee and Project fee; the Application fee is due at the time of application and the project fee is due prior to issuance of the certification; additional annual fees are assessed from the date of certification until project completion.

B. Is your project a dredging project? Your dredging fee will be based on the actual amount of material dredged from the waterbody. Therefore, annual active discharge invoices are sent for the previous fiscal year's dredging amount. Invoice amounts will be based on the fee schedule current for that fiscal year. Please submit your application fee amount as shown in the calculator above. You may estimate your upcoming annual active discharge fee using the current fee calculator. However, this will only be an estimate because fees are subject to change annually as approved by the State Water Board.

Combination fill/excavation and dredging Projects (A and B) Does your dredging project also include a discharge of fill material? These projects typically include dredging material from one part of a waterbody and depositing the dredged material into a different location in the waterbody. These projects are subject to both Category A and Category B fees.

Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 38
Menifee Mayor and City Council June 7, 2023 Page 331 of 1858

CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by
Sutter Mitland 01, LLC
MEETING DATE: June 7, 2023
TO: Mayor and City Council
PREPARED BY: Daniel Padilla, City Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the public improvements for streets, drainage, water, sewer, and survey monuments for Tract Map 36485-6, Audie Murphy Ranch, located at the southwest corner of Bridle Gate Way and Audie Murphy Road North; and

2. Authorize the City Engineer to release 90% of the posted securities per the City’s Standard Policies.

DISCUSSION
Sutter Mitland 01, LLC is the developer of Audie Murphy Ranch (AMR) Tract 36485-6, a subdivision of 21.19 gross acres into 86 lots for residential purposes. The tract is located at the southwest corner of Bridle Gate Way and Audie Murphy Road North, as depicted in the attached project map. As part of the development requirements, Sutter Mitland 01, LLC, constructed streets, drainage, water, and sewer system improvements and installed survey monuments.

Sutter Mitland 01, LLC has now completed construction of these facilities and is requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to release the performance security and labor and materials security in accordance with City policy. A 10% warranty security would be held for a period of one year in accordance with the City Municipal Code. The original posted securities for the improvements and the monuments are listed in Table 1 and Table 2 on the following page.

Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 1
Menifee Mayor and City Council June 7, 2023 Page 332 of 1858 City of Menifee Staff Report
Public Improvements Tract Map 36485-6
June 7, 2023

Table 1 - Original Posted Security Improvements
Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage TM5224837 $ 2,303,000 $ 1,151,500
Water System TM5224837 $ 441,500 $ 220,750
Sewer System TM5224837 $ 391,500 $ 195,750
Total $ 3,136,000 $ 1,568,000
Table 2 - Original Posted Security Monument Improvements Improvement Security No. Monument Bond
Survey Monuments BDTO500003019 $ 77,040
Total $ 77,040

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements will be supported through approved Fiscal Year 2022/2023 operating budgets in Community Facilities District (CFD) 2012-

1. ATTACHMENTS

1. Project Map

2. Agreement – Streets and Drainage

3. Agreement – Water System

4. Agreement – Sewer System

5. Bond - Improvements

6. Agreement – Monuments

7. Bond – Monuments
Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 2
Menifee Mayor and City Council June 7, 2023 Page 333 of 1858

MONTGOMERY

BRIDLEGATEWAY
WAY
AUDIE
MURPHY

ROAD (N)

RESERVE
COURT
PROUD
LAND
DRIVE
87 (O.S.)
58 76
75 37 36
63 62
26 60
27 38
66 65 64
61 71
68 67
69 73
72 74
70 56
57 55
53 54
33 32
31 28
34 35
41 50
42 40
39 43
44 22 23 24
25 47
45 46
21 20
19 78
79 80 81 82
83 84
85 52
51 49 48
17 6
8 1
9 2
10 3
11 4
5 14
13 12
16 15
18 86
29 30
59 BRIDLEGATE
WAY
STATION CT.

FAIR OAKS CT.

BROKEN BIT WAY
88 (O.S.)
Drawing: R:\\261373\\Exhibit\\Tract Map\\373 - EXH - 36485-6 Site Map.dwg Layout: p 11x17 L Saved: 4/1/2019 10:53 AM Plotted: 4/1/2019 10:53 AM Plot Scale: 1:1 By: Kyle McQuilkin 0 SCALE: 1"=200'
200 400 600

EXHIBIT A
TRACT NO. 36485-6
Engineering, Inc.
357 N. SHERIDAN STREET

ENGINEERING SURVEYING
SUITE 117
CORONA, CALIFORNIA 92880
TEL. (951) 279-1800
FAX (951) 279-4380
TR. 36485-5
NEWPORT RD.

RAILROAD CANYON RD.

CANYON
LAKE DR.

GOETZ RD.

MURRIETA RD.

VICINITY MAP

INTERSTATE
15 INTERSTATE 215
\A1;S.P. 209
N.T.S.

SECTION 6, T6S, R3W
THOMAS GUIDE PAGE 867
PROJECT SITE TR. 36485-6
Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 3
Menifee Mayor and City Council June 7, 2023 Page 334 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 4
Menifee Mayor and City Council June 7, 2023 Page 335 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 5
Menifee Mayor and City Council June 7, 2023 Page 336 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 6
Menifee Mayor and City Council June 7, 2023 Page 337 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 7
Menifee Mayor and City Council June 7, 2023 Page 338 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 8
Menifee Mayor and City Council June 7, 2023 Page 339 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 9
Menifee Mayor and City Council June 7, 2023 Page 340 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 10
Menifee Mayor and City Council June 7, 2023 Page 341 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 11
Menifee Mayor and City Council June 7, 2023 Page 342 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 12
Menifee Mayor and City Council June 7, 2023 Page 343 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 13
Menifee Mayor and City Council June 7, 2023 Page 344 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 14
Menifee Mayor and City Council June 7, 2023 Page 345 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 15
Menifee Mayor and City Council June 7, 2023 Page 346 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 16
Menifee Mayor and City Council June 7, 2023 Page 347 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 17
Menifee Mayor and City Council June 7, 2023 Page 348 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 18
Menifee Mayor and City Council June 7, 2023 Page 349 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 19
Menifee Mayor and City Council June 7, 2023 Page 350 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 20
Menifee Mayor and City Council June 7, 2023 Page 351 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 21
Menifee Mayor and City Council June 7, 2023 Page 352 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 22
Menifee Mayor and City Council June 7, 2023 Page 353 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 23
Menifee Mayor and City Council June 7, 2023 Page 354 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 24
Menifee Mayor and City Council June 7, 2023 Page 355 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 25
Menifee Mayor and City Council June 7, 2023 Page 356 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 26
Menifee Mayor and City Council June 7, 2023 Page 357 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 27
Menifee Mayor and City Council June 7, 2023 Page 358 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 28
Menifee Mayor and City Council June 7, 2023 Page 359 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 29
Menifee Mayor and City Council June 7, 2023 Page 360 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 30
Menifee Mayor and City Council June 7, 2023 Page 361 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 31
Menifee Mayor and City Council June 7, 2023 Page 362 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 32
Menifee Mayor and City Council June 7, 2023 Page 363 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 33
Menifee Mayor and City Council June 7, 2023 Page 364 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 34
Menifee Mayor and City Council June 7, 2023 Page 365 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 35
Menifee Mayor and City Council June 7, 2023 Page 366 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 36
Menifee Mayor and City Council June 7, 2023 Page 367 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 37
Menifee Mayor and City Council June 7, 2023 Page 368 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 38
Menifee Mayor and City Council June 7, 2023 Page 369 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 39
Menifee Mayor and City Council June 7, 2023 Page 370 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 40
Menifee Mayor and City Council June 7, 2023 Page 371 of 1858 Item Title: 10.16
Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-6, Audie Murphy Ranch, by Sutter Mitland 01, LLC
Item Page Number: 41
Menifee Mayor and City Council June 7, 2023 Page 372 of 1858

CITY OF MENIFEE
SUBJECT: Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
MEETING DATE: June 7, 2023
TO: Mayor and City Council
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Margarita Cornejo, Acting Chief Financial Officer APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Introduce an ordinance amending Ordinance No. 2012-103 and levying special taxes to be collected during Fiscal Year 2023/2024 to pay the annual costs of the maintenance and servicing of streetlights, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to City of Menifee Community Facilities District No. 2012-1 (Audie Murphy Ranch); and

2. Introduce an ordinance amending Ordinance No. 2012-108 and levying special taxes to be collected during Fiscal Year 2023/2024 to pay the annual costs of the maintenance and servicing of streetlights, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to City of Menifee Community Facilities District No. 2012-2 (Hidden Hills); and

3. Introduce an ordinance amending Ordinance No. 2014-153 and levying special taxes to be collected during Fiscal Year 2023/2024 to pay the annual costs of the maintenance and servicing of streetlights, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to City of Menifee Community Facilities District No. 2014-1 (Town Center); and

4. Introduce an ordinance amending Ordinance No. 2014-154 and levying special taxes to be collected during Fiscal Year 2023/2024 to pay the annual costs of the maintenance and servicing of streetlights, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 1
Menifee Mayor and City Council June 7, 2023 Page 373 of 1858 City of Menifee Staff Report
Community Facilities District Levy Ordinance Introductions June 7, 2023

administrative expenses with respect to City of Menifee Community Facilities District No. 2014-2 (Commerce Pointe); and

5. Introduce an ordinance amending Ordinance No. 2015-173 and levying special taxes to be collected during Fiscal Year 2023/2024 to pay the annual costs of the maintenance and servicing of streetlights, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to City of Menifee Community Facilities District No. 2015-2 (Maintenance Services); and

6. Introduce an ordinance amending Ordinance No. 2017-231 and levying special taxes to be collected during Fiscal Year 2023/2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of Menifee Community Facilities District No. 2017-1 (Maintenance Services).

DISCUSSION
Each fiscal year, the City of Menifee places charges on the tax roll for multiple Community Facilities Districts (CFDs) located within the City. The CFDs and expected charges for Fiscal Year (FY) 2023/2024 are summarized in the attached Preliminary Summary of Fixed Charges. The special taxes collected from each of these CFDs pays for the ongoing maintenance costs authorized under the “Mello-Roos Community Facilities Act of 1982,” Government Code section 53311 et seq. (Act).

The services that may be funded with proceeds of the special tax, as provided by Section 53313 of the Act, include without limitation all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas in public street rights-of-way, public landscaping, parks, open spaces and other similar landscaped areas officially dedicated for public use, street sweeping and pavement management, street lighting and traffic signal maintenance, graffiti removal and abatement, flood and storm protection services and the operation of storm drainage systems.

In addition to the costs of the foregoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

The City is required by the County of Riverside to provide a certified Ordinance to the Auditor/Controller’s office each year to confirm the special tax levies within each CFD for the annual property tax roll.

Included with each amendment is a provision specifying that special taxes for these CFDs may be levied by resolution, beginning with FY 2024/2025. The use of a resolution for this purpose is authorized by Government Code section 53340. Switching from ordinance amendment to resolution will allow for a more streamlined and efficient process.

A Public Hearing Notice was published on May 28, 2023, pursuant to Government Code Section 6066. As of the date of this Staff Report, no comments were received from the public regarding this matter. The Second Reading and adoption of these Ordinances is scheduled to occur during the July 19, 2023, City Council Meeting.

Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 2
Menifee Mayor and City Council June 7, 2023 Page 374 of 1858 City of Menifee Staff Report
Community Facilities District Levy Ordinance Introductions June 7, 2023

A preliminary summary of fixed charges by district is attached.

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
There is no fiscal impact to the City’s General Fund. Each maintenance district funds the services provided and a preliminary summary of fixed charges by district is attached. The proposed CFD budgets are incorporated as part of the proposed FY 2023/2024 Citywide Budget.

ATTACHMENTS

1. Preliminary Summary of Fixed Charges by District FY 2023/2024

2. Ordinance – CFD 2012-1 Audie Murphy Ranch

3. Ordinance – CFD 2012-2 Hidden Hills

4. Ordinance – CFD 2014-1 Town Center

5. Ordinance – CFD 2014-2 Commerce Pointe

6. Ordinance – CFD 2015-2 Maintenance Services

7. Ordinance – CFD 2017-1 Maintenance Services
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 3
Menifee Mayor and City Council June 7, 2023 Page 375 of 1858 ATTACHMENT "A"

CITY OF MENIFEE

COMMUNITY FACILITIES DISTRICT

PRELIMINARY SUMMARY OF FIXED CHARGES
FOR FISCAL YEAR 2023-24
District Name
County
Fund No.

Levied
Parcels
Preliminary
FY 2023-24
Levy
CFD 2012-1 AMR 68-3931 2,315 $2,332,271.35
CFD 2012-2 Hidden Hills 68-3933 480 $287,162.72
CFD 2014-1 Town Center 68-3967 9 $17,116.13
CFD 2014-2 Commerce Pointe 68-3966 5 $29,048.42
CFD 2015-2 Zone 1 68-3972 359 $387,873.45
CFD 2015-2 Zone 3 68-3974 2 $5,229.98
CFD 2015-2 Zone 4 68-3975 1 $401.74
CFD 2015-2 Zone 5 68-3976 13 $6,007.29
CFD 2015-2 Zone 7 68-0058 173 $137,309.93
CFD 2015-2 Zone 8 68-0059 30 $26,949.59
CFD 2015-2 Zone 9 68-0060 2 $17,661.54
CFD 2015-2 Zone 10 68-0061 1 $5,873.48
CFD 2015-2 Zone 11 68-0062 1 $1,523.11
CFD 2015-2 Zone 12 68-0063 743 $174,632.93
CFD 2015-2 Zone 13 68-0064 6 $58,325.75
CFD 2015-2 Zone 14 68-0065 1 $12,140.53
CFD 2015-2 Zone 15 68-0066 1 $4,493.35
CFD 2015-2 Zone 17 68-0068 2 $7,164.04
CFD 2015-2 Zone 18 68-0069 127 $39,708.52
CFD 2015-2 Zone 19 68-0070 21 $17,431.32
CFD 2015-2 Zone 20 68-0071 249 $378,117.88
CFD 2015-2 Zone 21 68-0072 15 $25,317.54
CFD 2015-2 Zone 22 68-0073 6 $6,395.78
CFD 2015-2 Zone 23 68-9983 2 $8,774.51
CFD 2015-2 Zone 24 68-9984 1 $17,534.52
CFD 2015-2 Zone 25 68-9985 2 $6,276.26
CFD 2015-2 Zone 28 68-9988 29 $28,651.40
CFD 2015-2 Zone 29 68-9989 380 $219,131.22
CFD 2015-2 Zone 30 68-9990 3 $5,116.95
CFD 2015-2 Zone 33 68-9993 1 $8,646.84
CFD 2015-2 Zone 34 68-9994 1 $1,852.82
CFD 2015-2 Zone 35 68-9995 6 $27,058.77
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 4
Menifee Mayor and City Council June 7, 2023 Page 376 of 1858 ATTACHMENT "A"

CITY OF MENIFEE

COMMUNITY FACILITIES DISTRICT

PRELIMINARY SUMMARY OF FIXED CHARGES
FOR FISCAL YEAR 2023-24
District Name
County
Fund No.

Levied
Parcels
Preliminary
FY 2023-24
Levy
CFD 2015-2 Zone 36 68-9996 1 $4,221.30
CFD 2017-1 Zone 1 68-0167 664 $238,452.94
CFD 2017-1 Zone 2 68-0259 65 $40,667.60
CFD 2017-1 Zone 3 68-0260 155 $121,939.07
CFD 2017-1 Zone 4 68-0261 258 $262,454.17
CFD 2017-1 Zone 5 68-0400 68 $75,892.14
CFD 2017-1 Zone 6 68-0401 134 $117,944.93
CFD 2017-1 Zone 8 68-0403 256 $198,525.37
CFD 2017-1 Zone 9 68-0404 174 $140,741.03
CFD 2017-1 Zone 18 68-XXXX 1 $4,797.00
Total $5,506,835.19
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 5
Menifee Mayor and City Council June 7, 2023 Page 377 of 1858 1 ORDINANCE NO. 2023-___
AN ORDINANCE AMENDING ORDINANCE NO. 2012-103 AND

LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023/2024 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF STREETLIGHTS, PARKS,

PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE

OPERATION AND MAINTENANCE OF STORM DRAINAGE SYSTEMS,

A RESERVE FUND FOR CAPITAL REPLACEMENT, AND

ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY
RANCH)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on January 17, 2012, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 12-251 establishing Community Facilities District No. 2012-1 (Audie Murphy Ranch) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2012-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and
WHEREAS, on February 7, 2012, the City Council adopted Ordinance No. 2012-103 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2012/2013 to Pay the Annual Costs of the Maintenance and Servicing of Streetlights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2012-1 (Audie Murphy Ranch)” (“Ordinance No. 2012-103”), pursuant to which the City Council levied special taxes within the CFD No. 2012-1; and
WHEREAS, the City Council has determined that it is necessary and in the public interest that pursuant to Sections 53340 and 53358 of the Government Code special taxes be levied on parcels of taxable property in CFD No. 2012-1 for Fiscal Year 2023/2024 and subsequent fiscal years for the purposes of paying for the Services provided by CFD No. 2012-1.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH) OF THE CITY OF MENIFEE, DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct.

Section 2. Findings. It is necessary that the City Council of the City of Menifee levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the CFD No. 2012-1, including (i) the maintenance and servicing of street lights, parks, parkways, streets, roads, and open space, (ii) the operation and maintenance of storm drainage systems, (iii) a reserve fund for capital replacement, and (iv) administrative expenses, all as more completely described in Exhibit “A” to Resolution No. 11-242, attached hereto as Exhibit A and by this reference made a part hereof.

Section 3. Amendment to Exhibit B of Ordinance No. 2012-103. Exhibit B of Ordinance No. 2012- 103 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.

Section 4. Amendment to Section 2 of Ordinance No. 2012-103. Section 2 of Ordinance No. 2012- 103 is hereby amended by deleting it in its entirety and replacing it with the following:

Section 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2012/2013, and each fiscal year Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 6
Menifee Mayor and City Council June 7, 2023 Page 378 of 1858 2 thereafter, on all parcels of real property within the CFD No. 2012-1 which are subject to taxation, which are identified in Revised Exhibit B attached hereto, and in the amount set forth for each such parcel in said Revised Exhibit B. Pursuant to Section 53340 of the Government Code, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. Pursuant to Section 53340 of the Government Code, beginning with the Fiscal Year 2024-25, special taxes on all parcels of real property within CFD No. 2012-1 which are subject to taxation may be levied by resolution at the same rate or lower rate than the rate provided by this Ordinance.

Section 5. Transmittal to County. The City Clerk shall immediately following adoption of this Ordinance transmit a copy hereof to the Board of Supervisors and County Auditor of the County of Riverside together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Revised Exhibit B hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

Section 6. Severability. If for any reason any portion of this Ordinance is found to be invalid, or if the special taxes found inapplicable to any particular parcel within the CFD No. 2012-1, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD No. 2012-1 shall not be affected.

Section 7. Authorization to Publish Ordinance. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall, within fifteen (15) days of its adoption, cause it or a summary of it to be published at least once in a newspaper of general circulation published and circulated in the City and in the CFD No. 2012-1.

Section 8. Effective Date. This Ordinance shall take effect and shall be in force thirty (30) days after the date of its adoption, at which time Revised Exhibit B will replace Exhibit B of Ordinance No. 2012-103 and Section 2 of Ordinance No. 2012-103 will be amended as described herein.

This ordinance was introduced on the 7th day of June, 2023 and PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this ___ day of _____, 2023.

ATTEST: APPROVED:

Stephanie Roseen, Acting City Clerk Bill Zimmerman, Mayor APPROVED AS TO FORM:

Jeffrey T. Melching, City Attorney
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 7
Menifee Mayor and City Council June 7, 2023 Page 379 of 1858

EXHIBIT A
DESCRIPTION OF SERVICES (EXHIBIT A TO RESOLUTION NO. 11-242)

1. Public Street Lighting: The street lighting improvements may include but are not limited to electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with: (i) All public street lighting within the residential subdivisions of CFD No. 2012-1; and (ii) Public street lighting, traffic signals and other public lighting facilities on the streets within CFD No. 2012-1 and portions of Newport Road and Goetz Road adjacent to the properties within CFD No. 2012-1.

2. Landscape, Park, Trails, and Recreation Improvements: The landscaping improvements may include, but are not limited to all landscaping material and facilities within CFD No. 2012-1. These improvements include turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, electricity, repair/replacement & inspection, and associated appurtenant facilities located within the streetscape (parkway and slope perimeter landscaping within CFD No. 2012-1 and portions of Newport Road and Goetz Road adjacent to the properties within CFD No. 2012-1.

The parks, open space areas, trails and recreation facilities to be operated, maintained and serviced may include, but are not limited to, the maintenance and care of all landscaping and facilities within park and open space areas facilities that service CFD No. 2012-1 but may not be included within the boundaries of CFD No. 2012-1. This includes trees, plant material, sod, irrigation systems, sidewalks, drainage facilities, weed control and other abatements, signs, monuments, and associated appurtenant facilities.

3. Fossil Fuel Filter/Water Quality Basin Improvements: Water quality improvements include facilities directly related to removal of contaminants and solids from storm drains throughout CFD No. 2012-1 including but not limited to storm drains, 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, servicing; or both of the water quality basin improvements within flood control channel improvements.

4. Street Sweeping: Public street sweeping, to be performed on a bi-weekly basis, on the segments of the following arterials within the boundaries of CFD No. 2012-1: Newport Road, Murrieta Road, Goetz Road, Audie Murphy Road, Berea Road, and Murphy Ranch Road; as well as local roads within residential subdivisions located within CFD No. 2012-1; and portions of Newport Road and Goetz Road adjacent to the properties within CFD No. 2012-1.

5. Administrative Expenses: Administrative Expenses means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2012-1 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 of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 2012-1 or any designee thereof of complying with City or CFD No. 2012-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2012-1 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third-party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2012-1 for any other administrative purposes of CFD No. 2012-1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 8
Menifee Mayor and City Council June 7, 2023 Page 380 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH) SPECIAL TAX FISCAL YEAR 2023/2024
District Name
County
Fund No.

Levied
Parcels
Preliminary
FY 2023/2024
Levy
CFD 2012-1 AMR 68-3931 2,315 $2,332,271.35
ASSESSOR’S PARCEL NUMBERS

APN APN APN APN APN
341200016 341250001 341250002 341250003 341250004
341250005 341250006 341250007 341250008 341250009
341250010 341250011 341250012 341250013 341250014
341250015 341250016 341250017 341250018 341250019
341250020 341250021 341250022 341250023 341250024
341250025 341250026 341250027 341250028 341250029
341250030 341250031 341250032 341260001 341260002
341260003 341260004 341260005 341260006 341260007
341260008 341260009 341260010 341260011 341260012
341260013 341260014 341260015 341260016 341260017
341260018 341260019 341260020 341260021 341260022
341260023 341260024 341260025 341260026 341261001
341261002 341261003 341261004 341261005 341261006
341261007 341261008 341261009 341261010 341261011
341262001 341262002 341262003 341262004 341262005
341262006 341262007 341262008 341262009 341262010
341262011 341262012 341262013 341262014 341262015
341262016 341262017 341262018 341262019 341262020
341262021 341262024 341262025 341262026 341262027
341262028 341262029 341262030 341262031 341262032
341262033 341262034 341262035 341262036 341262037
341262038 341262039 341262040 341262041 341262042
341262043 341262044 341262045 341262046 341262047
341262048 341262049 341262050 341262051 341262052
341262053 341262063 341262064 341270001 341270002
341270003 341270004 341270005 341270006 341271001
341271002 341271003 341271004 341271005 341271006
341271007 341271008 341271009 341271010 341271011
341271012 341271013 341271014 341271015 341271016
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 9
Menifee Mayor and City Council June 7, 2023 Page 381 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH)

APN APN APN APN APN
341271017 341271018 341271019 341271020 341271021
341271022 341271023 341271024 341271025 341271026
341271027 341271028 341271029 341271030 341271031
341271032 341271033 341271034 341271035 341271036
341271037 341280001 341280002 341280003 341280004
341280005 341280006 341280007 341280008 341280009
341280010 341280011 341280012 341280013 341280014
341280015 341280016 341280017 341280018 341280019
341280020 341280021 341281001 341281002 341281003
341281004 341281005 341282001 341282002 341282003
341282004 341282005 341282006 341282007 341282008
341282009 341282010 341290001 341290002 341290003
341290004 341290005 341290006 341290007 341290008
341290009 341290010 341290011 341290012 341290013
341290014 341290015 341290016 341290017 341290018
341290019 341290020 341290021 341290022 341290023
341290024 341290025 341290026 341290028 341290029
341290030 341290031 341290032 341290033 341290034
341290035 341290036 341290037 341290038 341290039
341290040 341290041 341290042 341290043 341290044
341290045 341290046 341290047 341290048 341290049
341291001 341291002 341291003 341291004 341291005
341291006 341291007 341291008 341291009 341291010
341291011 341291012 341291014 341291015 341291016
341291017 341291018 341291019 341291020 341291021
341291022 341291023 341291024 341291025 341300001
341300002 341300003 341300004 341300005 341300006
341300007 341300008 341300009 341300010 341300011
341300012 341300013 341300014 341300015 341300016
341300017 341300018 341300019 341300020 341300021
341300022 341300023 341300024 341300025 341300026
341300027 341300028 341300029 341300030 341300031
341300032 341300033 341300034 341301001 341301002
341301003 341301004 341301005 341301006 341301007
341301008 341301009 341301010 341301011 341301012
341301013 341301014 341301015 341301016 341301017
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 10
Menifee Mayor and City Council June 7, 2023 Page 382 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH)

APN APN APN APN APN
341301018 341301019 341301020 341301021 341301022
341301023 341301024 341301025 341301026 341301027
341301028 341301029 341301030 341301031 341301032
341301033 341301034 341301035 341301036 341301037
341301038 341301039 341301040 341301041 341301042
341301043 341301044 341301045 341301046 341301047
341301048 341301049 341301050 341310001 341310002
341310003 341310004 341310005 341311001 341311002
341311003 341311004 341311006 341311007 341311008
341311009 341312001 341312002 341312003 341312004
341312005 341312006 341312007 341312008 341312009
341312010 341312011 341312012 341312013 341312014
341312015 341312016 341312017 341312018 341312019
341312020 341312021 341312022 341320001 341320002
341320003 341320004 341320005 341320006 341320007
341320008 341320009 341320010 341320011 341320012
341320013 341320014 341320015 341320016 341320017
341320018 341320019 341320020 341321001 341321002
341321003 341321004 341321005 341321006 341321007
341321008 341321009 341321010 341321011 341321012
341321013 341321014 341321015 341321016 341321017
341321018 341321019 341321020 341321021 341321022
341321023 341321024 341321025 341321026 341321027
341321028 341321029 341321030 341321031 341321032
341321033 341321034 341321035 341321036 341321037
341321038 341321039 341321040 341322001 341322002
341322003 341322004 341322005 341322006 341322007
341322008 341322009 341322010 341322011 341322012
341322013 341322014 341322015 341322016 341322017
341322018 341322019 341322020 341322021 341322022
341322023 341322024 341322025 341322026 341322027
341322028 341322029 341322030 341322031 341322032
341322033 341322034 341322035 341322036 341322037
341322038 341322039 341322040 341330001 341330002
341330003 341330004 341330005 341330006 341330007
341330008 341330009 341330010 341330011 341330012
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 11
Menifee Mayor and City Council June 7, 2023 Page 383 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH)

APN APN APN APN APN
341330013 341330014 341330015 341330016 341330017
341330018 341330019 341330020 341330021 341330022
341330023 341330024 341330025 341330026 341330027
341330028 341330029 341330030 341330031 341330032
341330033 341330034 341330035 341330036 341330037
341330038 341330039 341330040 341330041 341330042
341330043 341330044 341330045 341331001 341331002
341331003 341331004 341331005 341331006 341331007
341331008 341331009 341331010 341331011 341331012
341331013 341331014 341331015 341331016 341331017
341331018 341331019 341331020 341331021 341331022
341331023 341331024 341340001 341340002 341340003
341340004 341340005 341340006 341340007 341340008
341340009 341340010 341340011 341340012 341340013
341340014 341340015 341340016 341340017 341340018
341340019 341340020 341340021 341340022 341340023
341340024 341340025 341340026 341340027 341340028
341340029 341340030 341340031 341340032 341341001
341341002 341341003 341341004 341341005 341341006
341341007 341341008 341341009 341341010 341341011
341341012 341341013 341341014 341341015 341341016
341341017 341341018 341341019 341341020 341341021
341341022 341341023 341341024 341341025 341341026
341341027 341341028 341341029 341341030 341341031
341341032 341341033 341341034 341341035 341341036
341350001 341350002 341350003 341350004 341350005
341350006 341350007 341350008 341350009 341350010
341350011 341350012 341350013 341350014 341350015
341350016 341350017 341350018 341350019 341350020
341350021 341350022 341350023 341350024 341350025
341350026 341350027 341350028 341350029 341350030
341350031 341350032 341350033 341350034 341350035
341350036 341350037 341350038 341350039 341360001
341360002 341360003 341360004 341360005 341360006
341360007 341360008 341360009 341360010 341360011
341360012 341360013 341360014 341360015 341360016
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 12
Menifee Mayor and City Council June 7, 2023 Page 384 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH)

APN APN APN APN APN
341360017 341360018 341360019 341360020 341360021
341360022 341360023 341360024 341360025 341360026
341360027 341360028 341360029 341360030 341370001
341370002 341370003 341370004 341370005 341370006
341370007 341370008 341370009 341370010 341370011
341370012 341370013 341370014 341370015 341370016
341370017 341370018 341370019 341370020 341370021
341370022 341370023 341370024 341370025 341370026
341370027 341370028 341370029 341370030 341370031
341370032 341370033 341370034 341370035 341370036
341370037 341370038 341370039 341370040 341370041
341370042 341370043 341370044 341370045 341370046
341370047 341370048 341370049 341370050 341370051
341370052 341370053 341370054 341370055 341370056
341370057 341370058 341370059 341370060 341370061
341370062 341370063 341370064 341370065 341370066
341370067 341371001 341371002 341371003 341371004
341371005 341371006 341371007 341371008 341371009
341371010 341371011 341380001 341380002 341380003
341380004 341380005 341380006 341380007 341380008
341380009 341380010 341380011 341380012 341380013
341380014 341380015 341380016 341380017 341380018
341380019 341380020 341380021 341380022 341380023
341380024 341380025 341380026 341380027 341380028
341380029 341381001 341381002 341381003 341381004
341381005 341381006 341381007 341381008 341381009
341381010 341381011 341381012 341381013 341381014
341381015 341381016 341381017 341381018 341381019
341381020 341390001 341390002 341390003 341390004
341390005 341390006 341390007 341390008 341390009
341390010 341390011 341390012 341390013 341390014
341391001 341391002 341391003 341391004 341391005
341391006 341391007 341391008 341391009 341391010
341391011 341391012 341391013 341391014 341391015
341391016 341400001 341400002 341400003 341400004
341400005 341400006 341400007 341400008 341400009
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 13
Menifee Mayor and City Council June 7, 2023 Page 385 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH)

APN APN APN APN APN
341400010 341400011 341400012 341400013 341401001
341401002 341401003 341401004 341401005 341401006
341401007 341401008 341401009 341401010 341401011
341401012 341401013 341401014 341401015 341401016
341401017 341401018 341401019 341401020 341401021
341401022 341401023 341410001 341410002 341410003
341410004 341410005 341410006 341410007 341410008
341410009 341410010 341410011 341410012 341410013
341410014 341411001 341411002 341411003 341411004
341411005 341411006 341411007 341411008 341411009
341411010 341411011 341411012 341411013 341411014
341411015 341411016 341411017 341411018 341411019
341411020 341411021 341411022 341411023 341420001
341420002 341420003 341420004 341420005 341420006
341420007 341420008 341420009 341420010 341420011
341420012 341420013 341420014 341420015 341420016
341420017 341420018 341420019 341420020 341421001
341421002 341421003 341421004 341421005 341421006
341421007 341421008 341421009 341421010 341421011
341421012 341421013 341421014 341421015 341430001
341430002 341430003 341430004 341430005 341430006
341430007 341430008 341430009 341430010 341430011
341430012 341430013 341430014 341430015 341430016
341430017 341430018 341431001 341431002 341431003
341431004 341431005 341431006 341431007 341431008
341431009 341431010 341431011 341431012 341431013
341431014 341431015 341431016 341431017 341431018
341431019 358070011 358070024 358070027 358420001
358420002 358420003 358420004 358420005 358420006
358420007 358420008 358420009 358420010 358420011
358420012 358420013 358420014 358420015 358420016
358420017 358420018 358420019 358420020 358420021
358420022 358420023 358420024 358420025 358421002
358421003 358421004 358421005 358421006 358421007
358421008 358421009 358421010 358421011 358421013
358421014 358421015 358421016 358421017 358421018
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 14
Menifee Mayor and City Council June 7, 2023 Page 386 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH)

APN APN APN APN APN
358421019 358421020 358421021 358421022 358421023
358421028 358421031 358422001 358422002 358422003
358422004 358422005 358422006 358422007 358422008
358422009 358422010 358422011 358422012 358422013
358422014 358422015 358422016 358422017 358422018
358422019 358422020 358422021 358422022 358422023
358422024 358422025 358422026 358430001 358430002
358430003 358430004 358430005 358430006 358430007
358430008 358430009 358430010 358430011 358430012
358430013 358430014 358430015 358430016 358430017
358430018 358430019 358430020 358430021 358430022
358430023 358430024 358430025 358430026 358430027
358430028 358430029 358430030 358430031 358430032
358430033 358430034 358430035 358430036 358430037
358430038 358440001 358440002 358440003 358440004
358440005 358440006 358440007 358440008 358440009
358440010 358440011 358440012 358440013 358440014
358440015 358440016 358440017 358440018 358440019
358441001 358441002 358441003 358441004 358441005
358441006 358441007 358441008 358441009 358441010
358441011 358441012 358441013 358441014 358441015
358441017 358441018 358441019 358441021 358441023
358441024 358441025 358441026 358441027 358441028
358441029 358441030 358441031 358441032 358441033
358441034 358441035 358441036 358441037 358441038
358441039 358441040 358441041 358441042 358441043
358441044 358441050 358441051 358441052 358441053
358441054 358441055 358441056 358441057 358441063
358441066 358441067 358442006 358442007 358450001
358450002 358450003 358450004 358450005 358450006
358450007 358450008 358450009 358450010 358450011
358450012 358450013 358450014 358450015 358450016
358450017 358450018 358450019 358450020 358450021
358450022 358450023 358450024 358450030 358450031
358450032 358450033 358451001 358451002 358451003
358451004 358451005 358451006 358451007 358451008
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 15
Menifee Mayor and City Council June 7, 2023 Page 387 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH)

APN APN APN APN APN
358451009 358451010 358451011 358451012 358451013
358451014 358451015 358451016 358451017 358451018
358451024 358460001 358460002 358460003 358460004
358460005 358460006 358460009 358460010 358460011
358460012 358460013 358460014 358460015 358460016
358460017 358461001 358461002 358461003 358461004
358461005 358461006 358461007 358461008 358461009
358461010 358461011 358461012 358461013 358461014
358461015 358461016 358461017 358461018 358461019
358461020 358461021 358470001 358470002 358470003
358470004 358470005 358470006 358470007 358470008
358470009 358470010 358470011 358470012 358470013
358470014 358470015 358470016 358480001 358480002
358480003 358480004 358480005 358480006 358480007
358480008 358480009 358480010 358480011 358480012
358480013 358480014 358480015 358480016 358480017
358480018 358480019 358480020 358480021 358481001
358481002 358481003 358481004 358481005 358481006
358481007 358481008 358481009 358481010 358481011
358481012 358481013 358481014 358481015 358481016
358481017 358481018 358481019 358481020 358481021
358481022 358481023 358481024 358481025 358481026
358481027 358490001 358490002 358490003 358490004
358490005 358490006 358490007 358490008 358490009
358490010 358490011 358490012 358490013 358490014
358490015 358490016 358490017 358490018 358490019
358490020 358490021 358490022 358490023 358490024
358490025 358490026 358490027 358490029 358490030
358490031 358490032 358490033 358490034 358490035
358490036 358490037 358490038 358490039 358490040
358490041 358490042 358490043 358490044 358490045
358490046 358490047 358490048 358490049 358490050
358490051 358490052 358490053 358490054 358490055
358490056 358490057 358490058 358490059 358490060
358490061 358490062 358490063 358490064 358490065
358490066 358490067 358490068 358490069 358490070
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 16
Menifee Mayor and City Council June 7, 2023 Page 388 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH)

APN APN APN APN APN
358490071 358490072 358500001 358500002 358500003
358500004 358500005 358500007 358500008 358500009
358500010 358500011 358500012 358500013 358500014
358500016 358501001 358501002 358501003 358501004
358501005 358501006 358502001 358502002 358502003
358502004 358502005 358502006 358502007 358502008
358502009 358502010 358502011 358502012 358502013
358502014 358502015 358502016 358502017 358502018
358502019 358502020 358502021 358502022 358502023
358510001 358510002 358510003 358510004 358510005
358510006 358510007 358510008 358510009 358510010
358510011 358510012 358510013 358511001 358511002
358511003 358511004 358511005 358511006 358511007
358511008 358511009 358511010 358511011 358511012
358511013 358511014 358511015 358511016 358511017
358511018 358511019 358511020 358511021 358512001
358512002 358512003 358512004 358512005 358512006
358512007 358512008 358512009 358512010 358512011
358512012 358512013 358512014 358512015 358512016
358512017 358512018 358512019 358512020 358512021
358512022 358512023 358512024 358512025 358512026
358512027 358512028 358512029 358512030 358512031
358512032 358512033 358512034 358512035 358512036
358512037 358512038 358512039 358512040 358520001
358520002 358520003 358520004 358520005 358520006
358520007 358521001 358521002 358521003 358521004
358521005 358521006 358521009 358521010 358521011
358521012 358521013 358521014 358521015 358521016
358521018 358521019 358522001 358522002 358522003
358522004 358522005 358522006 358522007 358522008
358522009 358522010 358522011 358522012 358522013
358522017 358522018 358522019 358522020 358522021
358522022 358522023 358522024 358522025 358522026
358522027 358522028 358522029 358522030 358522031
358522032 358522033 358522034 358522035 358522036
358522037 358522042 358522043 358522044 358522045
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 17
Menifee Mayor and City Council June 7, 2023 Page 389 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH)

APN APN APN APN APN
358522046 358522049 358522051 358522053 358522055
358522057 358522058 358522059 358530001 358530002
358530003 358530004 358530005 358530006 358530007
358530008 358530009 358530010 358530011 358530012
358530013 358530014 358530015 358530016 358530017
358530018 358530019 358530020 358530021 358530022
358530023 358530025 358530026 358530027 358530028
358530029 358530030 358530031 358530032 358530033
358530034 358530035 358530036 358530037 358530038
358530039 358530047 358540001 358540002 358540003
358540004 358540005 358540006 358540007 358540008
358540009 358540010 358540011 358540012 358540013
358540015 358540016 358540017 358540018 358540019
358540020 358540021 358540022 358540023 358540024
358540025 358540026 358540027 358540028 358540029
358540030 358540031 358540032 358540033 358540034
358540039 358541001 358541002 358541003 358541004
358541005 358541006 358541007 358541008 358541009
358541010 358541011 358541012 358541013 358541014
358541015 358541016 358541017 358541018 358541019
358541020 358541021 358550001 358550002 358550003
358550004 358550005 358550006 358550007 358550008
358550009 358550010 358550011 358550012 358550013
358550014 358550015 358550016 358550017 358550018
358550019 358550020 358550021 358550022 358550023
358550024 358550025 358550026 358550027 358550028
358550031 358550032 358550033 358550034 358550035
358550036 358560001 358560002 358560003 358560004
358560005 358560006 358560007 358560008 358560009
358560010 358560011 358560012 358560013 358560014
358560015 358560016 358560017 358560018 358561001
358561002 358561003 358561004 358561005 358561006
358561007 358561008 358561009 358561010 358561011
358561012 358561013 358561014 358561015 358561016
358561017 358561018 358561019 358561020 358562001
358562002 358562003 358562004 358562005 358562006
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 18
Menifee Mayor and City Council June 7, 2023 Page 390 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH)

APN APN APN APN APN
358562007 358562008 358562009 358562010 358562011
358562012 358562013 358562014 358562015 358562018
358562022 358562023 358660001 358660002 358660003
358660004 358660005 358660006 358660007 358660008
358660009 358660010 358660011 358660012 358660013
358660014 358660015 358660016 358660017 358660018
358660019 358660020 358660021 358660022 358660023
358660024 358660025 358661001 358661002 358661003
358661004 358661005 358661006 358661007 358661008
358661009 358661010 358661011 358661012 358661013
358661014 358661015 358661016 358661017 358661018
358661019 358661020 358661021 358661022 358661023
358661024 358670001 358670002 358670003 358670004
358670005 358670006 358670007 358670008 358670009
358670010 358670011 358670012 358670013 358670014
358670015 358670016 358670017 358670018 358671001
358671002 358671003 358671004 358671005 358671006
358671007 358671008 358671009 358671010 358671011
358671012 358671013 358671014 358671015 358671016
358671017 358671018 358671019 358671020 358671021
358671022 358680001 358680002 358680003 358680004
358680005 358680006 358680007 358680008 358680009
358680010 358680011 358680012 358680013 358680014
358680015 358681001 358681002 358681003 358681004
358681005 358681006 358681007 358681008 358681009
358681010 358681011 358681012 358681013 358681014
358681015 358682001 358682002 358682003 358682004
358682005 358682006 358682007 358690001 358690002
358690003 358690004 358690005 358690006 358690007
358690008 358690009 358690010 358690011 358690012
358690013 358690014 358690015 358690016 358690017
358690018 358690019 358690020 358690021 358690022
358690023 358690024 358690025 358690026 358690027
358690028 358690029 358690030 358690031 358690032
358690033 358691001 358691002 358691003 358691004
358691005 358691006 358691007 358691008 358700001
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 19
Menifee Mayor and City Council June 7, 2023 Page 391 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH)

APN APN APN APN APN
358700002 358700003 358700004 358700005 358700006
358700007 358700008 358700009 358700010 358700011
358700012 358700013 358700014 358700015 358700016
358700017 358700018 358700019 358700020 358700021
358700022 358700023 358700024 358700025 358700026
358700027 358700028 358700029 358700030 358700031
358720001 358720002 358720003 358720004 358720005
358720006 358720007 358720008 358720009 358720010
358720011 358720012 358720013 358720014 358720015
358720016 358720017 358720018 358720019 358720020
358720021 358720022 358720023 358720024 358720025
358720026 358720027 358720028 358720029 358720030
358720031 358720032 358720033 358720034 358720035
358720036 358720037 358720038 358720039 358720040
358720041 358720042 358721001 358721002 358721003
358721004 358721005 358721006 358721007 358721008
358721009 358721010 358721011 358721012 358721013
358721014 358721015 358721016 358721017 358721018
358721019 358721020 358721021 358721022 358721023
358721024 358721025 358721026 358721027 358721028
358730001 358730002 358730003 358730004 358730005
358730006 358730007 358730008 358730009 358730010
358730011 358730012 358730013 358730014 358730015
358730016 358730017 358730018 358730019 358730020
358730021 358730022 358730023 358730024 358730025
358730026 358730027 358730028 358730029 358730030
358730031 358730032 358740001 358740002 358740003
358740004 358740005 358740006 358740007 358740008
358740009 358740010 358740011 358740012 358740013
358740014 358740015 358740016 358740017 358740018
358740019 358740020 358740021 358740022 358740023
358740024 358740025 358740026 358740027 358740028
358740029 358740030 358740031 358740032 358740033
358740034 358740035 358740036 358740037 358740038
358740039 358740040 358740041 358740042 358740043
358740044 358740045 358740046 358740047 358740048
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 20
Menifee Mayor and City Council June 7, 2023 Page 392 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH)

APN APN APN APN APN
358740049 358740050 358740051 358740052 358740053
358740054 358740055 358740056 358740057 358740058
358740059 358740060 358740061 358740062 358740063
358740064 358740065 358740066 358750001 358750002
358750003 358750004 358750005 358750006 358750007
358750008 358750009 358750010 358750011 358750012
358750013 358750014 358750015 358750016 358750017
358750018 358750019 358750020 358750021 358750022
358750023 358750024 358750025 358750026 358750027
358750028 358750029 358750030 358750031 358750032
358750033 358750034 358750035 358750036 358750037
358750038 358750039 358750040 358750041 358750042
358750043 358750044 358750045 358750046 358750047
358750048 358750049 358750050 358750051 358750052
358750053 358750054 358750055 358750056 358750057
358750058 358750059 358750060 358750061 358750062
358750063 358760001 358760002 358760003 358760004
358760005 358760006 358760007 358760008 358760009
358760010 358760011 358760012 358760013 358760014
358760015 358760016 358760017 358760018 358760019
358760020 358760021 358760022 358760023 358760024
358760025 358760026 358760027 358760028 358760029
358760030 358760031 358760032 358760033 358760034
358760035 358760036 358760037 358760038 358760039
358760040 358760041 358760042 358760043 358760044
358760045 358760046 358760047 358760048 358760049
358760050 358760051 358760052 358760053 358760054
358760055 358770001 358770002 358770003 358770004
358770005 358770006 358770007 358770008 358770009
358770010 358770011 358770012 358770013 358770014
358770015 358770016 358770017 358770018 358770019
358770020 358770021 358770022 358770023 358770024
358770025 358770026 358770027 358770028 358770029
358770030 358770031 358770032 358770033 358770034
358770035 358770036 358770037 358770038 358770039
358770040 358770041 358770042 358770043 358770044
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 21
Menifee Mayor and City Council June 7, 2023 Page 393 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH)

APN APN APN APN APN
358770045 358770046 358770047 358770048 358770049
358770050 358770051 358770052 358770053 358770054
358770055 358770056 358770057 358770058 358780001
358780002 358780003 358780004 358780005 358780006
358780007 358780008 358780009 358780010 358780011
358780012 358780013 358780014 358780015 358780016
358780017 358780018 358780019 358780020 358780021
358780022 358780023 358780024 358780025 358780026
358780027 358780028 358780029 358780030 358780031
358780032 358780033 358780034 358780035 358780036
358780037 358780038 358780039 358780040 358780041
358780042 358780043 358780044 358780045
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 22
Menifee Mayor and City Council June 7, 2023 Page 394 of 1858 1 ORDINANCE NO. 2023-___
AN ORDINANCE AMENDING ORDINANCE NO. 2012-108 AND

LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023/2024 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF STREETLIGHTS, PARKS,

PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE

OPERATION AND MAINTENANCE OF STORM DRAINAGE SYSTEMS,

A RESERVE FUND FOR CAPITAL REPLACEMENT, AND

ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2012-2 (HIDDEN HILLS) WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 19, 2012, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No.12-277 establishing Community Facilities District No. 2012-2 (Hidden Hills) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2012-2") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and WHEREAS, on June 19, 2012, the City Council adopted Ordinance No. 2012-108 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2013/2014 to Pay the Annual Costs of the Maintenance and Servicing of Streetlights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2012-2 (Hidden Hills)” (“Ordinance No. 2012-108”), pursuant to which the City Council levied special taxes within the CFD No. 2012-2; and
WHEREAS, the City Council has determined that it is necessary and in the public interest that pursuant to Sections 53340 and 53358 of the Government Code special taxes be levied on parcels of taxable property in CFD No. 2012-2 for Fiscal Year 2023/2024 and subsequent fiscal years for the purposes of paying for the Services provided by CFD No. 2012-2.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2012-2 (HIDDEN HILLS) OF THE CITY OF MENIFEE, DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct.

Section 2. Findings. It is necessary that the City Council of the City of Menifee levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the CFD No. 2012-2, including (i) the maintenance and servicing of street lights, parks, parkways, streets, roads, and open space, (ii) the operation and maintenance of storm drainage systems, (iii) a reserve fund for capital replacement, and (iv) administrative expenses, all as more completely described in Exhibit “A” to Resolution No. 12-277, attached hereto as Exhibit A and by this reference made a part hereof.

Section 3. Amendment to Exhibit A of Ordinance No. 2012-108. Exhibit A of Ordinance No. 2012- 108 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.

Section 4. Amendment to Section 2 of Ordinance No. 2012-108. Section 2 of Ordinance No. 2012- 108 is hereby amended by deleting it in its entirety and replacing it with the following:

Section 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2013/2014, and each fiscal year thereafter, on all parcels of real property within the CFD No. 2012-2 which are subject to taxation, which are identified in Revised Exhibit B Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 23
Menifee Mayor and City Council June 7, 2023 Page 395 of 1858 2 attached hereto, and in the amount set forth for each such parcel in said Revised Exhibit B. Pursuant to Section 53340 of the Government Code, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.

Section 5. Transmittal to County. The City Clerk shall immediately following adoption of this Ordinance transmit a copy hereof to the Board of Supervisors and County Auditor of the County of Riverside together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Revised Exhibit B hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

Section 6. Severability. If for any reason any portion of this Ordinance is found to be invalid, or if the special taxes found inapplicable to any particular parcel within the CFD No. 2012-2, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD No. 2012-2 shall not be affected.

Section 7. Authorization to Publish Ordinance. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall, within fifteen (15) days of its adoption, cause it or a summary of it to be published at least once in a newspaper of general circulation published and circulated in the City and in the CFD No. 2012-2.

Section 8. Effective Date. This Ordinance shall take effect and shall be in force thirty (30) days after the date of its adoption, at which time Revised Exhibit B will replace Exhibit B of Ordinance No. 2012-108 and Section 2 of Ordinance No. 2012-108 will be amended as described herein.

Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 24
Menifee Mayor and City Council June 7, 2023 Page 396 of 1858 3 This ordinance was introduced on the 7th day of June, 2023 and PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this ___ day of _____, 2023.

ATTEST: APPROVED:

Stephanie Roseen, Acting City Clerk Bill Zimmerman, Mayor APPROVED AS TO FORM:

Jeffrey T. Melching, City Attorney
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 25
Menifee Mayor and City Council June 7, 2023 Page 397 of 1858 4 EXHIBIT A
DESCRIPTION OF SERVICES (EXHIBIT A TO RESOLUTION NO. 12-277) Landscaping: The maintenance of landscape which includes, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, electricity, repair/replacement and inspection.

Park, Open Space and Trails: The maintenance of parks, open space areas, and trails which includes, but is not limited to, trees, plant material, sod, irrigation systems, sidewalks, drainage facilities, weed control, and other abatements.

Incidentals: The Incidental Expenses to be paid from the special taxes include: building of a reserve fund for capital replacement, and Administrative Expenses, including but not limited to: the determination of the amount of special taxes to be levied and collected to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the CFD.

Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 26
Menifee Mayor and City Council June 7, 2023 Page 398 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2012-2 (HIDDEN HILLS) SPECIAL TAX FISCAL YEAR 2023/2024
District Name
County
Fund No.

Levied
Parcels
Preliminary
FY 2023/2024
Levy
CFD 2012-2
Hidden
Hills 68-3933 480 $287,162.72
ASSESSOR’S PARCEL NUMBERS

APN APN APN APN APN
360700004 360700006 360700009 360700010 360700011
360700012 360700013 360700014 360700015 360700016
360700017 360700018 360700019 360700020 360700021
360700022 360700023 360700024 360700025 360700026
360700027 360700028 360700029 360700030 360710001
360710008 360710009 360710010 360710011 360710020
360710021 360710023 360710024 360710025 360710027
360710028 360710029 360710031 360710032 360710034
360710035 360710036 360710037 360720001 360720002
360720003 360720004 360720005 360720006 360720007
360720009 360720010 360720011 360720012 360720013
360720014 360720015 360720016 360720017 360720018
360720019 360720020 360720021 360720022 360720023
360720024 360720025 360720026 360720027 360720028
360720029 360720030 360720031 360720032 360720033
360720034 360720035 360720036 360720037 360720038
360720039 360720041 360720042 360730001 360730002
360730003 360730004 360730005 360730006 360730007
360730008 360730009 360730010 360730011 360730012
360730013 360730014 360730015 360730016 360730017
360730018 360730019 360730020 360730021 360730022
360730023 360730024 360731001 360731002 360731003
360731004 360731005 360731006 360731007 360731008
360731009 360731010 360731011 360731012 360731013
360731014 360731015 360731016 360731017 360731018
360731019 360731020 360731021 360731022 360731023
360731024 360731025 360731026 360740001 360740002
360740003 360740004 360740005 360740006 360740007
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 27
Menifee Mayor and City Council June 7, 2023 Page 399 of 1858 REVISED EXHIBIT B (Continued)
COMMUNITY FACILITIES DISTRICT NO. 2012-2 (HIDDEN HILLS)

APN APN APN APN APN
360740008 360740009 360740010 360740011 360740012
360740013 360740014 360740015 360740016 360740017
360740018 360740019 360740020 360740021 360741001
360741002 360741003 360741004 360741005 360741006
360742001 360742002 360742003 360742004 360742005
360742006 360742007 360742008 360742009 360742010
360742011 360742012 360742013 360742014 360750001
360750002 360750003 360750004 360750005 360750006
360751001 360751002 360751003 360751004 360751005
360751006 360751007 360751008 360751009 360751010
360751011 360751012 360751013 360751014 360751015
360751016 360751017 360751018 360751019 360751020
360751021 360751022 360751023 360751024 360751025
360751026 360751027 360751028 360751029 360751030
360751031 360751032 360751033 360751034 360751035
360751036 360751037 360751038 360751039 360751040
360751041 360751042 360751043 360751044 360751045
360751046 360751047 360751048 360751049 360751050
360751051 360760001 360760002 360760003 360760004
360760005 360760006 360760007 360760008 360760009
360760010 360760011 360760012 360760013 360760014
360760015 360760016 360760017 360760018 360760019
360760020 360760021 360760022 360760023 360760024
360770001 360770002 360770003 360770004 360770005
360770006 360770007 360770008 360770009 360770010
360770011 360770012 360770013 360770014 360770015
360770016 360770017 360770018 360770019 360770020
360770021 360770022 360770023 360780001 360780002
360780003 360780004 360780005 360780006 360780007
360780008 360780009 360780010 360780011 360780012
360780013 360781001 360781002 360781003 360781004
360781005 360781006 360781007 360781008 360781009
360781010 360781011 360781012 360781013 360781014
360782001 360782002 360782003 360782004 360782005
360782006 360783001 360783002 360783003 360783004
360783005 360783006 360783007 360783008 360783009
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 28
Menifee Mayor and City Council June 7, 2023 Page 400 of 1858 REVISED EXHIBIT B (Continued)
COMMUNITY FACILITIES DISTRICT NO. 2012-2 (HIDDEN HILLS)

APN APN APN APN APN
360783010 360783011 360783012 360783013 360783014
360783015 360783016 360783017 360783018 360783019
360783020 360783021 360783022 360783023 360783024
360783025 360783026 360783027 360783028 360783029
360783030 360783031 360783032 360783033 360783034
360783035 360790001 360790002 360790003 360790004
360790005 360790006 360790007 360790008 360790009
360790010 360790011 360790012 360790013 360790014
360790015 360790016 360790017 360790018 360790019
360790020 360790021 360790022 360790023 360791001
360791002 360791003 360791004 360791005 360791006
360791007 360791008 360791009 360791010 360791011
360791012 360791013 360791014 360791015 360791016
360792001 360792002 360792003 360792004 360792005
360792006 360792007 360792008 360792009 360792010
360792011 360792012 360792013 360792014 360792015
360792016 360792017 360792018 360792019 360792020
360792021 360792022 360792023 360792024 360800001
360800002 360800003 360800004 360800005 360800006
360800007 360800008 360800009 360800010 360800011
360800012 360801001 360801002 360801003 360801004
360802001 360802002 360802003 360802004 360802005
360802006 360802007 360802008 360802009 360802010
360802011 360802012 360802013 360802014 360802015
360802016 360802017 360802018 360802019 360802020
360803001 360803002 360803003 360803004 360803005
360803006 360803007 360803008 360803009 360803010
360803011 360803012 360803013 360803014 360803015
360803016 360803017 360803018 360803019 360803020
360803021 360803022 360803023 360803024 360803025
360803026 360803027 360803028 360803029 360803030
360803031 360803032 360803033 360803034 360803035
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 29
Menifee Mayor and City Council June 7, 2023 Page 401 of 1858 1 ORDINANCE NO. 2023-___
AN ORDINANCE AMENDING ORDINANCE NO. 2014-153 AND

LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023/2024 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF STREETLIGHTS, PARKS,

PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE

OPERATION AND MAINTENANCE OF STORM DRAINAGE SYSTEMS,

A RESERVE FUND FOR CAPITAL REPLACEMENT, AND

ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TOWN CENTER)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on August 6, 2014, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 14-388 establishing Community Facilities District No. 2014-1 (Town Center) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2014-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and WHEREAS, on August 20, 2014, the City Council adopted Ordinance No. 2014-153 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2015/2016 to Pay the Annual Costs of the Maintenance and Servicing of Streetlights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2014-1 (Town Center)” (“Ordinance No. 2014-153”), pursuant to which the City Council levied special taxes within the CFD No. 2014-1; and
WHEREAS, the City Council has determined that it is necessary and in the public interest that pursuant to Sections 53340 and 53358 of the Government Code special taxes be levied on parcels of taxable property in CFD No. 2014-1 for Fiscal Year 2023/2024 and subsequent fiscal years for the purposes of paying for the Services provided by CFD No. 2014-1.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TOWN CENTER) OF THE CITY OF MENIFEE, DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct.

Section 2. Findings. It is necessary that the City Council of the City of Menifee levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within CFD No. 2014-1, including (i) the maintenance and servicing of street lights, parks, parkways, streets, roads, and open space, (ii) the operation and maintenance of storm drainage systems, (iii) a reserve fund for capital replacement, and (iv) administrative expenses, all as more completely described in Exhibit “A” to Resolution No. 14-388, attached hereto as Exhibit A and by this reference made a part hereof.

Section 3. Amendment to Section 3 of Ordinance No. 2014-153. Section 3 of Ordinance No. 2014- 153 is hereby amended by deleting it in its entirety and replacing it with the following:

Section 3. Annual Rate Determination. The CFD Administrator is hereby further authorized to determine on or before August 10 each year, or such other date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land in the CFD No. 2014-1, which are identified in Exhibit B attached hereto, except that special taxes to be Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 30
Menifee Mayor and City Council June 7, 2023 Page 402 of 1858 2 levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.

Section 4. Transmittal to County. The City Clerk shall immediately following adoption of this Ordinance transmit a copy hereof to the Board of Supervisors and County Auditor of the County of Riverside together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit B hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

Section 5. Severability. If for any reason any portion of this Ordinance is found to be invalid, or if the special taxes found inapplicable to any particular parcel within the CFD No. 2014-1, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD No. 2014-1 shall not be affected.

Section 6. Authorization to Publish Ordinance. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall, within fifteen (15) days of its adoption, cause it or a summary of it to be published at least once in a newspaper of general circulation published and circulated in the City and in the CFD No. 2014-1.

Section 7. Effective Date. This Ordinance shall take effect and shall be in force thirty (30) days after the date of its adoption, at which time Exhibit A will be added to Ordinance No. 2014-153 and Section 3 of Ordinance No. 2014-153 will be amended as described herein.

Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 31
Menifee Mayor and City Council June 7, 2023 Page 403 of 1858 3 This ordinance was introduced on the 7th day of June, 2023 and PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this ___ day of _____, 2023.

ATTEST: APPROVED:

Stephanie Roseen, Acting City Clerk Bill Zimmerman, Mayor APPROVED AS TO FORM:

Jeffrey T. Melching, City Attorney
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 32
Menifee Mayor and City Council June 7, 2023 Page 404 of 1858 4 EXHIBIT A
DESCRIPTION OF SERVICES (EXHIBIT A TO RESOLUTION NO. 14-388) The services which may be funded with proceeds of the special tax of CFD No. 2014-1, 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-ways, 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, servicing; or both 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. 2014-1; and any portions adjacent to the properties within CFD No. 2014-1.

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 Exhibit B to the resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2014-1 or for the benefit of the properties within the boundaries of CFD No. 2014-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2014-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2014-1 before CFD No. 2014-1 was created.
[OR – FROM THE SPECIAL TAX REPORT]
The maintenance and operation of lighting, parkways, streets, roads, and open space owned by the City, including but not limited to trees, plant material, sod, irrigation systems, sidewalks, drainage facilities, weed control and other abatements, signs, monuments, and associated appurtenant facilities. Services my include labor, material, administration, personnel, associated City overhead costs, equipment, and utilities necessary for such maintenance including incidental expenses incurred in connection with the services and forming and administering the district.

Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 33
Menifee Mayor and City Council June 7, 2023 Page 405 of 1858

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TOWN CENTER)
SPECIAL TAX FISCAL YEAR 2023/2024
District Name
County
Fund No.

Levied
Parcels
Preliminary
FY 2023/2024
Levy
CFD 2014-1
Town
Center 68-3967 9 $17,116.13
ASSESSOR’S PARCEL NUMBERS

APN APN APN APN APN
360850001 360850002 360850003 360850004 360850005
360850006 360850007 360850008 360850009
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 34
Menifee Mayor and City Council June 7, 2023 Page 406 of 1858 1 ORDINANCE NO. 2023-___
AN ORDINANCE AMENDING ORDINANCE NO. 2014-154 AND

LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023/2024 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF STREETLIGHTS, PARKS,

PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE

OPERATION AND MAINTENANCE OF STORM DRAINAGE SYSTEMS,

A RESERVE FUND FOR CAPITAL REPLACEMENT, AND

ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2014-2 (COMMERCE

POINTE)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on August 6, 2014, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 14-392 establishing Community Facilities District No. 2014-2 (Commerce Pointe) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2014-2") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and WHEREAS, on August 20, 2014, the City Council adopted Ordinance No. 2014-154 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2015/2016 to Pay the Annual Costs of the Maintenance and Servicing of Streetlights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2014-2 (Commerce Pointe)” (“Ordinance No. 2014-154”), pursuant to which the City Council levied special taxes within the CFD No. 2014-2; and
WHEREAS, the City Council has determined that it is necessary and in the public interest that pursuant to Sections 53340 and 53358 of the Government Code special taxes be levied on parcels of taxable property in CFD No. 2014-2 for Fiscal Year 2023/2024 and subsequent fiscal years for the purposes of paying for the Services provided by CFD No. 2014-2.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2014-2 (COMMERCE POINTE) OF THE CITY OF MENIFEE, DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct.

Section 2. Findings. It is necessary that the City Council of the City of Menifee levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the CFD 2014-2, including (i) the maintenance and servicing of street lights, parks, parkways, streets, roads, and open space, (ii) the operation and maintenance of storm drainage systems, (iii) a reserve fund for capital replacement, and (iv) administrative expenses, all as more completely described in Exhibit “A” to Resolution No. 14-392, attached hereto as Exhibit A and by this reference made a part hereof.

Section 3. Amendment to Exhibit B of Ordinance No. 2014-154. Exhibit B of Ordinance No. 2014- 154 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.

Section 4. Amendment to Section 2 of Ordinance No. 2014-154. Section 2 of Ordinance No. 2014- 154 is hereby amended by deleting it in its entirety and replacing it with the following:

Section 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2015/2016, and each fiscal year thereafter, on all parcels of real property within the CFD No. 2014-2 Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 35
Menifee Mayor and City Council June 7, 2023 Page 407 of 1858 2 which are subject to taxation, which are identified in Revised Exhibit B attached hereto, and in the amount set forth for each such parcel in said Revised Exhibit B. Pursuant to Section 53340 of the Government Code, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.

Section 5. Transmittal to County. The City Clerk shall immediately following adoption of this Ordinance transmit a copy hereof to the Board of Supervisors and County Auditor of the County of Riverside together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Revised Exhibit B hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

Section 6. Severability. If for any reason any portion of this Ordinance is found to be invalid, or if the special taxes found inapplicable to any particular parcel within the CFD No. 2014-2, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD No. 2014-2 shall not be affected.

Section 7. Authorization to Publish Ordinance. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall, within fifteen (15) days of its adoption, cause it or a summary of it to be published at least once in a newspaper of general circulation published and circulated in the City and in the CFD No. 2014-2.

Section 8. Effective Date. This Ordinance shall take effect and shall be in force thirty (30) days after the date of its adoption, at which time Revised Exhibit B will replace Exhibit B of Ordinance No. 2014-154 and Section 2 of Ordinance No. 2014-154 will be amended as described herein.

Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 36
Menifee Mayor and City Council June 7, 2023 Page 408 of 1858 3 This ordinance was introduced on the 7th day of June, 2023 and PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this ___ day of _____, 2023.

ATTEST: APPROVED:

Stephanie Roseen, Acting City Clerk Bill Zimmerman, Mayor APPROVED AS TO FORM:

Jeffrey T. Melching, City Attorney
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 37
Menifee Mayor and City Council June 7, 2023 Page 409 of 1858

EXHIBIT A
DESCRIPTION OF SERVICES (EXHIBIT A TO RESOLUTION NO. 14-392) The services which may be funded with proceeds of the special tax of CFD No. 2014-2, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (and may include reserves for replacement) in public street right-ofways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services include 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 are 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, servicing, or both 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. 2014-2; as well as local roads within residential subdivisions located within CFD No. 2014- 2; and any portions adjacent to the properties within CFD No. 2014-2.

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 shall be limited to those provided within the boundaries of CFD No. 2014-2 or for the benefit of the properties within the boundaries of CFD No. 2014-2, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2014-2 only to the extent that they are in addition to those provided in the territory of CFD No. 2014-2 before CFD No. 2014-2 was created.

Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 38
Menifee Mayor and City Council June 7, 2023 Page 410 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2014-2 (COMMERCE POINTE) SPECIAL TAX FISCAL YEAR 2023/2024
District Name
County
Fund No.

Levied
Parcels
Preliminary
FY 2023/2024
Levy
CFD 2014-2
Commerce
Pointe 68-3966 5 $29,048.42
ASSESSOR’S PARCEL NUMBERS

APN APN APN APN APN
384180051 384180052 384150020 384150021 384150022
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 39
Menifee Mayor and City Council June 7, 2023 Page 411 of 1858 1 ORDINANCE NO. 2023-___
AN ORDINANCE AMENDING ORDINANCE NO. 2015-173 AND

LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023/2024 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF STREETLIGHTS, PARKS,

PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE

OPERATION AND MAINTENANCE OF STORM DRAINAGE SYSTEMS,

A RESERVE FUND FOR CAPITAL REPLACEMENT, AND

ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE

SERVICES)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on May 20, 2015, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 15-440 establishing Community Facilities District No. 2015-2 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2015-2") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and
WHEREAS, on June 3, 2015, the City Council adopted Ordinance No. 2015-173 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2015/2016 to Pay the Annual Costs of the Maintenance and Servicing of Streetlights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2015-2 (Maintenance Services)” (“Ordinance No. 2015-173”), pursuant to which the City Council levied special taxes within the CFD No. 2015-2; and
WHEREAS, the City Council has determined that it is necessary and in the public interest that pursuant to Sections 53340 and 53358 of the Government Code special taxes be levied on parcels of taxable property in CFD No. 2015-2 for Fiscal Year 2023/2024 and subsequent fiscal years for the purposes of paying for the Services provided by CFD No. 2015-2.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct.

Section 2. Findings. It is necessary that the City Council of the City of Menifee levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the CFD No. 2015-2, including (i) the maintenance and servicing of street lights, parks, parkways, streets, roads, and open space, (ii) the operation and maintenance of storm drainage systems, (iii) a reserve fund for capital replacement, and (iv) administrative expenses, all as more completely described in Exhibit “A” to Resolution No. 15-430, attached hereto as Exhibit A and by this reference made a part hereof.

Section 3. Amendment to Exhibit B of Ordinance No. 2015-173. Exhibit B of Ordinance No. 2015- 173 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.

Section 4. Amendment to Section 2 of Ordinance No. 2015-173. Section 2 of Ordinance No. 2015- 173 is hereby amended by deleting it in its entirety and replacing it with the following:

Section 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2015/2016, and each fiscal year Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 40
Menifee Mayor and City Council June 7, 2023 Page 412 of 1858 2 thereafter, on all parcels of real property within the CFD No. 2015-2 which are subject to taxation, which are identified in Revised Exhibit B attached hereto, and in the amount set forth for each such parcel in said Revised Exhibit B. Pursuant to Section 53340 of the Government Code, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. Pursuant to Section 53340 of the Government Code, beginning with the Fiscal Year 2024/2025, special taxes on all parcels of real property within CFD No. 2015-2 which are subject to taxation may be levied by resolution at the same rate or lower rate than the rate provided by this Ordinance.

Section 5. Future Annexations. The annexation of additional territory into the CFD No. 2015-2 was contemplated as part of the adoption of Resolution No. 15-440. The boundaries of the territory within which any property may annex to the CFD No. 2015-2 are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2015-2 (Maintenance Services) of the City of Menifee, County of Riverside, State of California,” as recorded on April 21, 2015 in Book 78 of Maps of Assessment and Community Facilities District, at Page 25, and as Document No. 2015-0159793 in the official records of the County of Riverside. Following a public hearing and the adoption of resolutions required by the Act for any additional annexations of property within said potential annexation area, Revised Exhibit B of Ordinance No. 2015-173 shall be further amended to include any additional territory annexed to the CFD No. 2015-2. The City Council hereby authorizes and directs the officers, employees, and agents of the City 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 Section 5 of this Ordinance to further amend Revised Exhibit B of Ordinance No. 2015-173.

Section 6. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and County Auditor of the County of Riverside together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Revised Exhibit B hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

Section 7. Severability. If for any reason any portion of this Ordinance is found to be invalid, or if the special taxes found inapplicable to any particular parcel within the CFD No. 2015-2, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD No. 2015-2 shall not be affected.

Section 8. Authorization to Publish Ordinance. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall, within fifteen (15) days of its adoption, cause it or a summary of it to be published at least once in a newspaper of general circulation published and circulated in the City and in the CFD No. 2015-2.

Section 9. Effective Date. This Ordinance shall take effect and shall be in force thirty (30) days after the date of its adoption, at which time Revised Exhibit B will replace Exhibit B of Ordinance No. 2015-173 and Section 2 of Ordinance No. 2015-173 will be amended as described herein.

Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 41
Menifee Mayor and City Council June 7, 2023 Page 413 of 1858 3 This ordinance was introduced on the 7th day of June, 2023 and PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this ___ day of _____, 2023.

ATTEST: APPROVED:

Stephanie Roseen, Acting City Clerk Bill Zimmerman, Mayor APPROVED AS TO FORM:

Jeffrey T. Melching, City Attorney
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 42
Menifee Mayor and City Council June 7, 2023 Page 414 of 1858

EXHIBIT A
DESCRIPTION OF SERVICES (EXHIBIT A TO RESOLUTION NO. 15-430) The services which may be funded with proceeds of the special tax of CFD No. 2015-2, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (and may include reserves for replacement) in public street right-ofways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services include 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 are 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, servicing, or both 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. 2015-2; as well as local roads within residential subdivisions located within CFD No. 2015- 2; and any portions adjacent to the properties within CFD No. 2015-2.

In addition to payment of the cost and expense of the foregoing 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 shall be limited to those provided within the boundaries of CFD No. 2015-2 or for the benefit of the properties within the boundaries of CFD No. 2015-2, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015-2 only to the extent that they are in addition to those provided in the territory of CFD No. 2015-2 before CFD No. 2015-2 was created.

Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 43
Menifee Mayor and City Council June 7, 2023 Page 415 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2023/2024
(Effective as of June 1, 2023)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Menifee Heights Inv., LLC See Following Pages 1 Rancon Diamond Brothers, LLC See Following Pages
2 Menifee Auto Care, LLC 340-040-033 & 034
3 Halle Properties 336-380-073
4 Menifee Lakes Plaza, LLC See Following Pages
5 Menifee Land DV See Following Pages
6 TTLC Talavera, LLC See Following Pages
7 Menifee Estates, LLC See Following Pages
8 Foothill Arch, LLC 364-030-014, 015, 016 & 017
9 Southern Inland Investments, LLC 329-030-073
10 Ryan Brothers, LLC 336-380-021
11 CalAtlantic Group, Inc. See Following Pages
12 Stater Bros. Markets
364-390-001, 002, 003, 004, 005, 006,
007, 008, 009, 010, 011, 012 & 013
13 Newport Road, LP 360-030-027
14 Arco Gas Station 329-030-075
15 To be Determined
16 Ferguson Warehouse 384-180-036 & 050
17 Mosaic See Following Pages
18 Ridgemore Investment, LLC See Following Pages
19 Underwood See Following Pages
20 Sponseller See Following Pages
21 Fortera 331-220-022, 023, 024, 025, 037 & 040
22 Cal Cruz 360-020-072 & 073
23 McCall Plaza 333-060-035 & 036
24 Haun Bldg 336-380-058 & 059
25 Cimarron See Following Pages
27 McLaughlin 331-090-008
28 Boulder See Following Pages
29 Mayfield See Following Pages
30 Goetz 351-074-022, 024 & 025
31 Ethanac 331-060-034 & 035
32 Smart & Final 336-380-075 & 76
33 RV Super Center 331-120-066
34 Shops at Newport 360-030-025
35 McCall Square 333-070-052, 088, 091, 092, 093 & 094
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 44
Menifee Mayor and City Council June 7, 2023 Page 416 of 1858 Annexation Owner Assessor's Parcel Numbers
36 WellQuest 340-001-004
37 PM 37236 327-370-015, 016, 017 & 018
REVISED EXHIBIT B (cont.)
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) District Name
County
Fund No.

Levied
Parcels
Preliminary
FY 2023/2024
Levy
CFD 2015-2 Zone 1 68-3972 359 $387,873.45
CFD 2015-2 Zone 3 68-3974 2 $5,229.98
CFD 2015-2 Zone 4 68-3975 1 $401.74
CFD 2015-2 Zone 5 68-3976 13 $6,007.29
CFD 2015-2 Zone 7 68-0058 173 $137,309.93
CFD 2015-2 Zone 8 68-0059 30 $26,949.59
CFD 2015-2 Zone 9 68-0060 2 $17,661.54
CFD 2015-2 Zone 10 68-0061 1 $5,873.48
CFD 2015-2 Zone 11 68-0062 1 $1,523.11
CFD 2015-2 Zone 12 68-0063 743 $174,632.93
CFD 2015-2 Zone 13 68-0064 6 $58,325.75
CFD 2015-2 Zone 14 68-0065 1 $12,140.53
CFD 2015-2 Zone 15 68-0066 1 $4,493.35
CFD 2015-2 Zone 17 68-0068 2 $7,164.04
CFD 2015-2 Zone 18 68-0069 127 $39,708.52
CFD 2015-2 Zone 19 68-0070 21 $17,431.32
CFD 2015-2 Zone 20 68-0071 249 $378,117.88
CFD 2015-2 Zone 21 68-0072 15 $25,317.54
CFD 2015-2 Zone 22 68-0073 6 $6,395.78
CFD 2015-2 Zone 23 68-9983 2 $8,774.51
CFD 2015-2 Zone 24 68-9984 1 $17,534.52
CFD 2015-2 Zone 25 68-9985 2 $6,276.26
CFD 2015-2 Zone 28 68-9988 29 $28,651.40
CFD 2015-2 Zone 29 68-9989 380 $219,131.22
CFD 2015-2 Zone 30 68-9990 3 $5,116.95
CFD 2015-2 Zone 33 68-9993 1 $8,646.84
CFD 2015-2 Zone 34 68-9994 1 $1,852.82
CFD 2015-2 Zone 35 68-9995 6 $27,058.77
CFD 2015-2 Zone 36 68-9996 1 $4,221.30
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 45
Menifee Mayor and City Council June 7, 2023 Page 417 of 1858

ORIGINAL FORMATION

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
372530001 372530002 372530003 372530004 372530005
372530006 372530007 372530008 372530009 372530010
372530011 372530012 372530013 372530014 372531001
372531002 372531003 372531004 372531005 372531006
372531007 372531008 372531009 372531010 372531011
372532001 372532002 372532003 372532004 372532005
372532006 372532007 372532008 372532009 372532010
372533001 372533002 372533003 372533004 372533005
372533006 372533007 372533008 372533009 372533010
372533011 372533012 372533013 372533014 372533015
372533016 372533017 372533018 372533019 372533020
372533021 372533023 372533024 372533025 372533026
372533027 372533028 372533029 372533030 372534001
372534002 372534003 372534004 372534005 372534006
372540001 372540002 372540003 372540004 372540005
372540006 372540007 372540008 372540009 372540010
372540011 372540012 372540013 372540014 372540015
372540016 372540017 372540018 372540019 372540020
372541001 372541002 372541003 372541004 372541005
372541006 372541007 372541008 372541009 372541010
372541011 372541012 372541013 372541014 372541015
372541016 372541017 372541018 372541019 372541020
372541021 372541022 372541023 372541024 372541025
372541026 372541027 372541028 372541029 372541030
372541031 372550001 372550002 372550003 372550004
372550005 372550006 372551001 372551002 372551003
372551004 372551005 372551006 372551007 372551008
372551009 372551010 372551011 372551012 372551013
372551014 372552001 372552002 372552003 372552004
372552005 372552006 372552007 372552008 372552009
372552010 372552011 372552012 372552013 372552014
372552015 372552016 372552017 372552018 372553001
372553002 372553003 372553004 372553005 372553006
372554001 372554002 372554003 372554004 372554005
372554006 372554007 372554008 372554009 372554010
372554011 372554012 372554013 372554014 372554015
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 46
Menifee Mayor and City Council June 7, 2023 Page 418 of 1858

APN APN APN APN APN
372554016 372554017 372554018 372554019 372554020
372554021 372554022 372554023 372554024 372554025
372554026 372554027 372560001 372560002 372560003
372560004 372560005 372560006 372561001 372561002
372561003 372561004 372561005 372561006 372561007
372561008 372561009 372561010 372561011 372561012
372561013 372561014 372561015 372561016 372561017
372561018 372562001 372562002 372562003 372562004
372562005 372562006 372562007 372562008 372562009
372562010 372562011 372562012 372562013 372562014
372562015 372562016 372562017 372562018 372562019
372562020 372562021 372562022 372562023 372562024
372562025 372562026 372562027 372562028 372562029
372563001 372563002 372563003 372563004 372563005
372563006 372563007 372563008 372563009 372563010
372570001 372570002 372570003 372570004 372570005
372570006 372570007 372570008 372570009 372570010
372570011 372570012 372570013 372570014 372570015
372570016 372570017 372571001 372571002 372571003
372571004 372571005 372571006 372571007 372571008
372571009 372571010 372571011 372571012 372571013
372571014 372571015 372571016 372571017 372571018
372571019 372571020 372571021 372571022 372571023
372571024 372571025 372571026 372571027 372571028
372571029 372571030 372571031 372571032 372571033
372571034 372571035 372571036 372571037 372571038
372571039 372571040 372571041 372571042 372580001
372580002 372580003 372580004 372580005 372580006
372580007 372580008 372580009 372580010 372580011
372580012 372581001 372581002 372581003 372581004
372581005 372581006 372581007 372581008 372581009
372581010 372581011 372581012 372581013 372582001
372582002 372582003 372582004 372582005 372582006
372582007 372582008 372582009 372582010 372582011
372582012 372582013 372582014 372582015 372582016
372582017 372582018 372582019 372582020
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 47
Menifee Mayor and City Council June 7, 2023 Page 419 of 1858 ANNEXATION NO. 1

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
340580001 340580002 340580003 340580004 340580005
340580006 340580007 340580008 340580009 340580010
340580011 340580012 340580013 340580014 340580015
340580016 340580017 340580018 340580019 340580020
340580021 340580022 340580023 340580024 340580025
340580026 340580027 340580028 340580029 340580030
340580031 340580032 340580033 340580034 340580035
340580036 340580037 340580038 340580039 340580040
340580041 340580042 340580043 340580044 340581001
340581002 340581003 340581004 340590001 340590002
340590003 340590004 340590005 340590006 340590007
340590008 340590009 340590010 340590011 340590012
340590013 340590014 340590015 340590016 340590017
340590018 340590019 340590020 340590021 340590022
340590023 340590024 340590025 340590026 340590027
340590028 340590029 340590030 340590031 340590032
340590033 340591001 340591002 340591003 340591004
340591005 340591006 340591007 340591008 340591009
340591010 340591011 340591012 340591013 340591014
340591015 340591016 340591017 340591018 340591019
340591020 340591021 340591022 340600001 340600002
340600003 340601001 340601002 340601003 340601004
340601005 340601006 340601007 340602001 340602002
340602003 340602004 340602005 340602006 340602007
340602008 340603001 340603002 340603003 340603004
340603005 340603006 340603007 340603008 340603009
340603010 340603011 340603012 340603013 340603014
340603015 340603016 340603017 340603018 340603019
340603020 340603021 340603022 340603023 340603024
340603025 340603026 340603027 340603028 340603029
340603030 340603031 340603032 340603033 340603034
340603035 340603036 340603037 340603038 340603039
340603040 340603041 340603042 340603043 340610001
340610002 340610003 340610004 340610005 340610006
340610007 340610008 340610009 340610010 340610011
340610012 340610013 340610014 340610015 340610016
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 48
Menifee Mayor and City Council June 7, 2023 Page 420 of 1858

APN APN APN APN APN
340610017 340610018 340610019 340610020 340610021
340610022 340610023 340610024 340610025 340610026
340610027 340610028 340610029 340610030 340610031
340610032 340610033
ANNEXATION NO. 4

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
340620001 340620002 340620003 340620005 340620012
340620013 340620015 340620017 340620018 340620019
340620023 340620025 340620026
ANNEXATION NO. 5

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
330560001 330560002 330560003 330560004 330560005
330560006 330560007 330560008 330560009 330560010
330560011 330560012 330560013 330560014 330560015
330560016 330560017 330560018 330560019 330560020
330560021 330560022 330560023 330560024 330560025
330560026 330560027 330560028 330560029 330560030
330560031 330560032 330560033 330560034 330560035
330560036 330560037 330560038 330560039 330560040
330570001 330570002 330570003 330570004 330570005
330570006 330570007 330570008 330570009 330570010
330570011 330570012 330570013 330570014 330570015
330570016 330570017 330570018 330570019 330570020
330570021 330570022 330570023 330570024 330570025
330570026 330570027 330570028 330570029 330570030
330570031 330570032 330570033 330571001 330571002
330571003 330571004
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 49
Menifee Mayor and City Council June 7, 2023 Page 421 of 1858 ANNEXATION NO. 6

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
331170034 331170035 331170036 331170037 331170038
331170039 331170040 331170041 331170042 331170043
331170044 331170045 331170046 331170047 331170048
331170049 331170050 331170051 331170052 331170053
331170054 331510001 331510002 331510003 331510004
331510005 331510006 331510007 331510008 331510009
331510010 331510011 331510012 331510013 331510014
331510015 331510016 331510017 331510018 331510019
331510020 331510021 331510022 331510023 331510024
331510025 331510026 331510027 331510028 331510029
331511002 331511003 331511004 331511005 331511006
331511007 331511009 331520001 331520002 331520003
331520004 331520005 331520006 331521001 331521002
331521003 331521004 331521005 331521006 331521007
331521008 331521009 331521010 331521011 331522001
331522002 331522003 331522004 331522007 331522008
331522009 331522014 331522015 331522016 331522017
331522018 331522020 331522023 331522024 331522029
331522030 331522031 331523001 331523002 331523003
331523004 331523005 331523006 331523007 331523008
331523009 331523010 331524001 331524002 331524003
331524004 331524005 331524006 331524007 331524008
331524009 331524010 331524013 331530001 331530002
331530003 331530004 331530005 331530006 331530007
331530008 331531001 331531002 331531003 331531004
331531005 331531006 331531007 331531008 331531009
331531010 331531011 331531012 331531013 331531014
331531015 331531016 331531017 331531018 331531019
331531020 331532001 331532002 331532003 331532004
331533001 331533002 331533003 331533004 331533005
331533006 331533007 331533008 331533009 331533010
331534001 331534002 331534003 331534004 331534005
331534006 331534007 331534008 331534009 331534010
331534011 331534012 331534013 331534014 331534015
331534016 331534017 331534018
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 50
Menifee Mayor and City Council June 7, 2023 Page 422 of 1858 ANNEXATION NO. 7

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
360990001 360990002 360990003 360990004 360990005
360991001 360991002 360991003 360991004 360991005
360991006 360991007 360991008 360991009 360991010
360991011 360991012 360991013 360991014 360991015
360991016 360991017 360991018 360991019 360991020
360991021 360991022 360991023 360991024 360991025
ANNEXATION NO. 11

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
333700001 333700002 333700003 333700004 333700005
333700006 333700007 333700008 333700009 333700010
333700011 333700012 333700013 333700014 333700015
333700016 333700017 333700018 333700019 333700020
333700021 333700022 333700023 333700024 333700025
333700026 333700027 333700028 333700029 333700030
333700031 333700032 333700033 333700034 333700035
333700045 333700046 333700047 333700048 333700049
333700050 333700051 333700052 333700053 333700054
333700055 333700056 333700057 333700058 333700059
333700060 333700061 333700062 333700063 333700064
333700065 333700066 333700067 333700068 333700069
333700070 333700071 333700072 333700073 333700074
333700075 333700076 333700077 333700078 333700079
333700080 333700081 333700082 333710016 333710017
333710018 333710019 333710020 333710021 333710022
333710023 333710024 333710025 333710026 333710027
333720013 333720014 333720015 333720016 333720017
333720018 333720019 333720020 333720021 333720022
333720023 333720024 333720025 333720026 333720027
333720028 333720029 333720030 333720031 333720032
333720033 333720034 333720035 333720036 333720037
333720038 333720039 333720040 333720041 333720042
333720043 333720044 333720045 333720046 333720047
333720048 333720049 333720050 333730001 333730002
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 51
Menifee Mayor and City Council June 7, 2023 Page 423 of 1858

APN APN APN APN APN
333730003 333730004 333730005 333730006 333730007
333730008 333730009 333730010 333730011 333730012
333730013 333730014 333730015 333730016 333730017
333730018 333731001 333731002 333731003 333731004
333731005 333731006 333731007 333731008 333741001
333741002 333741003 333741004 333741005 333741006
333741007 333741008 333741009 333741010 333741011
333741012 333741013 333741014 333741015 333741016
333741017 333741018 333741019 333741020 333741021
333741022 333741044 333741045 333741046 333741047
333741048 333741049 333770001 333770002 333770003
333770004 333770005 333770006 333770007 333770008
333770009 333770010 333770011 333770012 333770013
333770014 333770015 333770016 333770017 333770018
333770019 333770020 333770021 333770022 333770023
333770024 333770025 333770026 333770027 333770028
333770029 333770030 333770031 333770032 333770033
333770034 333770035 333770036 333770037 333770038
333770039 333770040 333770041 333770042 333771001
333771002 333771003 333771004 333771005 333771006
333771007 333771008 333771009 333771010 333771011
333771012 333771013 333771014 333771015 333771016
333771017 333771018 333771019 333772001 333772002
333772003 333772004 333772005 333772006 333772007
333772008 333750001 333750002 333750003 333750004
333750005 333750006 333750007 333750008 333750009
333750010 333750011 333750012 333750013 333750014
333750015 333750016 333750017 333750018 333750019
333750020 333750021 333750022 333750023 333750024
333750025 333750026 333750027 333750028 333750029
333751001 333751002 333751003 333751004 333751005
333751006 333751007 333751008 333751009 333751010
333751011 333751012 333751013 333751014 333751015
333751016 333751017 333751018 333751019 333751020
333751021 333751022 333751023 333751024 333751025
333751026 333751027 333751028 333760001 333760002
333760003 333760004 333760005 333760006 333760007
333760008 333760009 333760010 333760011 333760012
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 52
Menifee Mayor and City Council June 7, 2023 Page 424 of 1858

APN APN APN APN APN
333761001 333761002 333761003 333761004 333761005
333761006 333761007 333761008 333761009 333761010
333761011 333761012 333761013 333761014 333761015
333761016 333761017 333761018 333761019 333761020
333761021 333762001 333762002 333762003 333762004
333762005 333762006 333762007 333762008 333762009
333762010 333762011 333762012 333762013 333763001
333763002 333763003 333763004 333763005 333763006
333763007 333763008 333763009 333763010 333763011
333763012 333763013 333763014 333780001 333780002
333780003 333780004 333780005 333780006 333780007
333780008 333780009 333781001 333781002 333781003
333781004 333781005 333781006 333781007 333781008
333781009 333781010 333781011 333781012 333781013
333781014 333781015 333782001 333782002 333782003
333782004 333782005 333782006 333782007 333782008
333782009 333782010 333782011 333782012 333782013
333782014 333782015 333782016 333790001 333790002
333790003 333790004 333790005 333790006 333791001
333791002 333791003 333791004 333791005 333792001
333792002 333792003 333792004 333792005 333792006
333792007 333792008 333792009 333792010 333792011
333792012 333792013 333792014 333792015 333792016
333792017 333792018 333792019 333792020 333792021
333793001 333793002 333793003 333793004 333793005
333793006 333793007 333793008 333793009 333793010
333793011 333793012 333793013 333793014 333793015
333793016 333794001 333794002 333794003 333794004
333794005 333794006 333794007 333794008 333794009
333794010 333794011 333794012 333794013 333794014
333794015 333794016 333794017 333794018 333794019
333794020 333794021 333794022 333794023 333794024
333794025 333800001 333800002 333800003 333800004
333800005 333800006 333800007 333800008 333800009
333800010 333800011 333800012 333800013 333800014
333800015 333800016 333800017 333800018 333800019
333800020 333800021 333800022 333800023 333800024
333800025 333800026 333800027 333800028 333800029
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 53
Menifee Mayor and City Council June 7, 2023 Page 425 of 1858

APN APN APN APN APN
333800030 333800031 333800032 333800033 333800034
333800035 333800036 333801001 333801002 333801003
333801004 333801005 333801006 333801007 333802001
333802002 333802003 333802004 333802005 333802006
333802007 333802008 333802009 333802010 333802011
333802012 333802013 333802014 333802015 333802016
333802017 333802018 333803001 333803002 333803003
333803004 333803005 333803006 333803007 333803008
333803009 333803010 333803011 333803012 333803013
333804001 333804002 333804003 333804004 333804005
333804006 333804007 333804008 333804009 333804010
333805001 333805002 333805003 333805004 333805005
333810001 333810002 333810003 333810004 333810005
333810006 333810007 333810008 333810009 333810010
333810011 333810012 333810013 333810014 333810015
333810016 333810017 333810018 333810019 333810020
333810021 333810022 333810023 333810024 333810025
333810026 333810027 333810028 333810029 333810030
333810031 333810032 333810033 333810034 333810035
333810036 333810037 333810038 333810039 333810040
333810041 333810042 333810043 333810044 333810045
333810046 333811001 333811002 333811003 333811004
333811005 333811006 333811007 333811008 333811009
333811010 333811011 333811012 333811013 333811014
333811015 333811016 333811017 333811018 333811019
333811020 333811021 333811022 333811023 333811024
333811025 333811026 333812001 333812002 333812003
333812004 333812005 333812006 333813001 333813002
333813003 333813004 333813005 333813006 333813007
333813008 333813009 333813010 333813011 333813012
333813013 333813014 333813015 333813016 333813017
333813018 333813019 333813020 333820001 333820002
333820003 333820004 333820005 333820006 333820007
333820008 333820009 333820010 333820011 333820012
333820013 333820014 333820015 333820016 333820017
333820018 333820019 333820020 333820021 333820022
333820023 333820024 333820025 333820026 333820027
333820028 333820029 333820030 333820031 333820032
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 54
Menifee Mayor and City Council June 7, 2023 Page 426 of 1858

APN APN APN APN APN
333820033 333820034 333820035 333820036 333820037
333820038 333820039 333821001 333821002 333821003
333821004 333821005 333822001 333822002 333822003
333822004 333822005 333822006 333822007 333822008
333822009 333822010 333822011 333822012 333823001
333823002 333823003 333823004 333823005 333823006
333823007 333823008 333823009 333823010 333823011
333823012 333824001 333824002 333824003 333824004
333824005 333824006 333824007 333824008 333824009
333824010 333824011 333824012
ANNEXATION NO. 17

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
372520001 372520002 372520003 372520004 372520005
372520006 372520007 372520008 372520009 372520010
372520011 372520012 372520013 372520014 372520015
372520016 372520017 372520018 372520019 372520020
372520021 372520022 372520023 372520024 372520025
372520026 372520027 372520028 372520029 372520030
372520031 372521001 372521002 372521003 372521004
372521005 372521006 372522001 372522002 372522003
372522004 372522005 372522006 372522007 372522008
372522009 372523001 372523002 372523003 372523004
372523005 372523006 372523007 372523008 372523009
372523010 372523011 372523012 372523013 372523014
372523015 372523016 372523017 372590001 372590002
372590003 372590004 372590005 372590006 372590007
372590008 372590009 372590010 372590011 372590012
372590013 372590014 372590015 372590016 372590017
372590018 372590019 372590020 372590021 372590022
372590023 372590024 372590025 372590026 372590027
372590028 372591001 372591002 372591003 372591004
372591005 372591006 372591007 372591008 372591009
372591010 372591011 372591012 372591013 372591014
372591015 372591016 372592001 372592002 372592003
372592004 372592005 372592006 372592007 372592008
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 55
Menifee Mayor and City Council June 7, 2023 Page 427 of 1858

APN APN APN APN APN
372592009 372592010 372592011 372592012 372592013
372592014 372592015 372592016 372593001 372593002
372593003 372593004
ANNEXATION NO. 18

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
339153032 339153033 339153034 339153035 339153036
339153037 339153038 339153039 339153040 339153041
339153042 339153043 339153044 339153045 339153046
339153047 339153048 339153049 339153050 339153051
339153052
ANNEXATION NO. 19

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
331200047 331200048 331200049 331210038 331210043
331540005 331540009 331540012 331550001 331550002
331550003 331550004 331550005 331550006 331550007
331550008 331550009 331550010 331550011 331550012
331550013 331550014 331550015 331550016 331550017
331550018 331550019 331550020 331550021 331550022
331550023 331550024 331550025 331550026 331550027
331550028 331550029 331550030 331550031 331550032
331550033 331550034 331550035 331550036 331550037
331550038 331550039 331550040 331550041 331550042
331550043 331551001 331551002 331551003 331551004
331551005 331551006 331551007 331551008 331551009
331560001 331560002 331561001 331561002 331561003
331561004 331561005 331561006 331561007 331561008
331561009 331562001 331562002 331570001 331570002
331570003 331570004 331570005 331570006 331570007
331570008 331570009 331570010 331571001 331571002
331571003 331571004 331571005 331571006 331571007
331571008 331571009 331571010 331571011 331571012
331571013 331571014 331571015 331571016 331572001
331572002 331572003 331572004 331572005 331572006
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 56
Menifee Mayor and City Council June 7, 2023 Page 428 of 1858

APN APN APN APN APN
331572007 331572008 331572009 331572010 331572011
331572012 331572013 331573001 331573002 331573003
331573004 331573005 331573006 331573007 331573008
331574001 331574002 331574003 331574004 331574005
331574006 331574007 331574008 331574009 331574010
331574011 331574012 331574013 331574014 331574015
331574016 331580001 331580002 331580003 331580004
331580005 331580006 331580007 331580008 331580009
331580010 331580011 331580012 331580013 331580014
331580015 331580016 331580017 331580018 331580019
331580020 331580021 331580022 331580023 331580024
331580025 331581001 331581002 331581003 331581004
331581005 331581006 331581007 331581008 331581009
331581010 331581011 331581012 331581013 331581014
331581015 331581016 331581017 331581018 331581019
331581020 331581021 331582001 331582002 331582003
331582004 331582005 331582006 331582007 331582008
331582009 331582010 331582011 331582012 331582013
331582014 331582015 331582016 331582017 331582018
331582019 331582020 331582021 331582022 331582023
331582024 331582025 331620001 331620002 331620003
331620004 331620005 331620006 331620007 331620008
331620009 331620010 331620011 331620012 331620013
331620014 331620015 331620016 331620017 331620018
331620019 331620020 331620021 331620022 331620023
331620024 331620025 331620026 331620027 331620028
331620029 331620030 331620031 331620032 331620033
331620034 331620035 331620036 331620037 331620038
331620039 331620040 331620041 331620042 331620043
331620044 331620045 331620046 331620047 331620048
331620049 331620050 331620051 331620052 331620053
331621001 331621002 331621003 331621004 331622001
331622002 331622003 331622004 331622005 331622006
331622007 331622008 331622009 331622010 331622011
331622012 331622013 331622014 331622015 331622016
331622017 331622018 331622019 331622020 331622021
331622022 331622023 331630001 331630002 331630003
331630004 331630005 331630006 331630007 331630008
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 57
Menifee Mayor and City Council June 7, 2023 Page 429 of 1858

APN APN APN APN APN
331630009 331630010 331630011 331630012 331630013
331630014 331630015 331630016 331630017 331630018
331630019 331630020 331630021 331630022 331631001
331631002 331631003 331631004 331631005 331631006
331631007 331631008 331631009 331631010 331631011
331631012 331631013 331631014 331631015 331631016
331631017 331631018 331631019 331631020 331631021
331631022 331631023 331631024 331631025 331631026
331631027 331631028 331631029 331631030 331631031
333830001 333830002 333830003 333830004 333830005
333830006 333830007 333830008 333830009 333830010
333830011 333830012 333830013 333830014 333830015
333830016 333830017 333830018 333830019 333830020
333830021 333830022 333830023 333830024 333830025
333830026 333830027 333830028 333830029 333830030
333830031 333830032 333830033 333830034 333830035
333830036 333830037 333830038 333830039 333831001
333831002 333831003 333831004 333831005 333831006
333831007 333831008 333831009 333831010 333831011
333831012 333831013 333831014 333831015 333831016
333831017 333831018 333831019 333831021 333831022
333831023 333831024 333831025 333831026 333831027
333831028 333831029 333831030 333831031 333831032
333831033 333831034 333831035 333831036 333831037
333831038 333831039
ANNEXATION NO. 20

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
360890001 360890002 360890003 360890004 360890005
360890006 360890007 360890008 360890009 360890010
360890011 360890012 360890013 360890014 360890015
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 58
Menifee Mayor and City Council June 7, 2023 Page 430 of 1858 ANNEXATION NO. 25

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
330220016 330220017 330220018 330220019 330230042
330230043 330230044 330230045 335070054 335070055
335070056 335070057 335430027 335430028 335530001
335530002 335530003 335530004 335530005 335530006
335530007 335530008 335530009 335530010 335531001
335531002 335531003 335531004 335531005 335531006
335531007 335532001 335532002 335532003 335532004
335532005 335532006 335532007 335532008 335532009
335532010 335532011 335532012 335532013 335532014
335532015 335532016 335532017 335532018 335532019
335532020 335532021 335532022 335533001 335533002
335533003 335533004 335533005 335533006 335533007
335533008 335533009 335533010 335533011 335533012
335534001 335534002 335534003 335534004 335534005
335534006 335534007 335534008 335534009 335534010
335534011 335534012 335534013 335534014 335534015
335535002 335540001 335540002 335540003 335540004
335540005 335540006 335540007 335541001 335541002
335541003 335541004 335541005 335541006 335541007
335541008 335541009 335541010 335541011 335541012
335541013 335541014 335541015 335541016 335541017
335541018 335541019 335542001 335542002 335542003
335542004 335542005 335542006 335542007 335542008
335542009 335542010 335542011 335542012 335542013
335542014 335542015 335542016 335542017 335542018
335542019 335542020 335542021 335542022 335542023
335542024 335542025 335542026 335542027 335542028
335542029 335542030 335543001 335543002 335543003
335543004 335543005 335543006 335543007 335543008
335543009 335543010 335543011 335543012 335543013
335543014 335544001 335544002 335544003 335544004
335544005 335544006 335544007 335544008 335544009
335544010 335544011 335544012 335544013 335544014
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 59
Menifee Mayor and City Council June 7, 2023 Page 431 of 1858 ANNEXATION NO. 28

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
360680028 360680029 360680030 360680031 360680032
360680033 360680034 360680035 360680036 360680037
360680038 360680039 360680040 360680041 360680042
360680043 360680044 360680045 360680046 360680047
360680048 360680049 360680050 360680051 360680052
360681005 360681006 360681007 360681008
ANNEXATION NO. 29

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
360890016 360890017 360890018 360890019 360890020
360890021 360890022 360890023 360890024 360890025
360890026 360890027 360890028 360890029 360890030
360890031 360890032 360890033 360890034 360891001
360891002 360891003 360891004 360891005 360900001
360900002 360900003 360900004 360900005 360900006
360900007 360900008 360900009 360900010 360900011
360900012 360900013 360900014 360900015 360900016
360900017 360901001 360901002 360901003 360901004
360901005 360901006 360901007 360901008 360901009
360901010 360901011 360901012 360901013 360901014
360901015 360901016 360901017 360901018 360901019
360901020 360902001 360902002 360902003 360902004
360902005 360902006 360902007 360902008 360902009
360902010 360902011 360910001 360910002 360910003
360910004 360910005 360910006 360910007 360910008
360910009 360910010 360910011 360910012 360910013
360910014 360910015 360910016 360911001 360911002
360911003 360911004 360911005 360911006 360911007
360911008 360911009 360911010 360911011 360911012
360911013 360911014 360920001 360920002 360920003
360920004 360920005 360920006 360920007 360920008
360920009 360920010 360920011 360920012 360920013
360920014 360920015 360920016 360920017 360920018
360920019 360920020 360920021 360920022 360920023
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 60
Menifee Mayor and City Council June 7, 2023 Page 432 of 1858

APN APN APN APN APN
360920024 360920025 360920026 360920027 360920028
360920029 360921001 360921002 360921003 360921004
360921005 360921006 360922001 360930001 360930002
360930003 360930004 360930005 360930006 360930007
360930008 360930009 360930010 360930011 360930012
360930013 360930014 360930015 360930016 360930017
360930018 360931001 360931002 360931003 360931004
360931005 360931006 360931007 360931008 360931009
360931010 360931011 360931012 360931013 360931014
360931015 360931016 360931017 360931018 360931019
360931020 360931021 360931022 360931023 360931024
360931025 360931026 360931027 360931028 360931029
360931030 360931031 360931032 360931033 360931034
360931035 360931036 360931037 360931038 360932001
360932002 360932003 360932004 360932005 360932006
360932007 360932008 360932009 360932010 360932011
360932012 360932013 360932014 360932015 360932016
360932017 360932018 360932019 360932020 360932021
360932022 360932023 360932024 360932025 360940001
360940002 360940003 360940004 360940005 360940006
360940007 360940008 360940009 360940010 360940011
360940012 360940013 360940014 360940015 360940016
360940017 360941001 360941002 360941003 360941004
360941005 360941006 360942001 360942002 360942003
360942004 360942005 360942006 360942007 360942008
360942009 360942010 360942011 360942012 360942013
360942014 360942015 360942016 360942017 360942018
360942019 360943001 360943002 360943003 360943004
360950001 360950002 360950003 360950004 360950005
360950006 360950007 360950008 360950009 360950010
360950011 360950012 360950013 360950014 360950015
360950016 360950017 360951001 360951002 360951003
360951004 360951005 360951006 360951007 360951008
360951009 360951010 360951011 360951012 360951013
360951014 360951015 360951016 360952001 360952002
360952003 360952004 360952005 360952006 360952007
360952008 360953001 360953002 360953003 360953004
360953005 360953006 360953007 360953008 360953009
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 61
Menifee Mayor and City Council June 7, 2023 Page 433 of 1858

APN APN APN APN APN
360953010 360953011 360953012 360960001 360960002
360960003 360960004 360960005 360960006 360960007
360960008 360960009 360960010 360960011 360960012
360961001 360961002 360961003 360961004 360961005
360961006 360961007 360961008 360961010 360961011
360961012 360961013 360961014 360961015 360961016
360961017 360961018 360961019 360961020 360961021
360961022 360961023 360961024 360961025 360961026
360961027 360961028 360961029 360961030 360961031
360961032 360961033 360961034 360961035 360961036
360961037 360961038 360961039 360961040 360961041
360961042 360961043 360961044 360961045 360962001
360962002 360962003 360962004 360962005 360963001
360963002
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 62
Menifee Mayor and City Council June 7, 2023 Page 434 of 1858 1 ORDINANCE NO. 2023-___
AN ORDINANCE AMENDING ORDINANCE NO. 2017-231 AND

LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023/2024 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING,

WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET

SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND

FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES

WITH RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES
DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 17-654 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 levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and WHEREAS, on December 20, 2017, the City Council adopted Ordinance No. 2017-231 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2018/2019 to pay the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) (“Ordinance No. 2017- 231”), pursuant to which the City Council levied special taxes within the CFD No. 2017-1; and WHEREAS, the City Council has determined that it is necessary and in the public interest that pursuant to Sections 53340 and 53358 of the Government Code special taxes be levied on parcels of taxable property in CFD No. 2017-1 for Fiscal Year 2023/2024 and subsequent fiscal years for the purposes of paying for the Services provided by CFD No. 2017-1.

NOW, THEREFORE, 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, DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct.

Section 2. Findings. It is necessary that the City Council of the City of Menifee levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the CFD No. 2017-1, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and trail maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 17-654, attached hereto as Exhibit A and by this reference made a part hereof.

Section 3. Amendment to Exhibit B of Ordinance No. 2017-231. Exhibit B of Ordinance No. 2017- 231 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.

Section 4. Amendment to Section 2 of Ordinance No. 2017-231. Section 2 of Ordinance No. 2017- 231 is hereby amended by deleting it in its entirety and replacing it with the following:

Section 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2018/2019, and each fiscal year thereafter, on all parcels of real property within the CFD No. 2017-1 which are subject to taxation, which are identified in Revised Exhibit B attached hereto, and in the amount set forth for each such parcel in Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 63
Menifee Mayor and City Council June 7, 2023 Page 435 of 1858 2 said Revised Exhibit B. Pursuant to Section 53340 of the Government Code, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.

Section 5. Transmittal to County. The City Clerk shall immediately following adoption of this Ordinance transmit a copy hereof to the Board of Supervisors and County Auditor of the County of Riverside together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit “B” hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

Section 6. Severability. If for any reason any portion of this Ordinance is found to be invalid, or if the special taxes found inapplicable to any particular parcel within the CFD No. 2017-1, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD No. 2017-1 shall not be affected.

Section 7. Authorization to Publish Ordinance. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall, within fifteen (15) days of its adoption, cause it or a summary of it to be published at least once in a newspaper of general circulation published and circulated in the City and in the CFD No. 2017-1.

Section 8. Effective Date. This Ordinance shall take effect and shall be in force thirty (30) days after the date of its adoption, at which time Revised Exhibit B will replace Exhibit B of Ordinance No. 2017-231 and Section 2 of Ordinance No. 2017-231 will be amended as described herein.

Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 64
Menifee Mayor and City Council June 7, 2023 Page 436 of 1858 3 This ordinance was introduced on the 7th day of June, 2023 and PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this ___ day of _____, 2023.

ATTEST: APPROVED:

Stephanie Roseen, Acting City Clerk Bill Zimmerman, Mayor APPROVED AS TO FORM:

Jeffrey T. Melching, City Attorney
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 65
Menifee Mayor and City Council June 7, 2023 Page 437 of 1858

EXHIBIT A
DESCRIPTION OF SERVICES (EXHIBIT A TO RESOLUTION NO. 17-654) 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-ways, 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, servicing; or both 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.

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 Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2017-1 or for the benefit of the properties within the boundaries of CFD No. 2017-1, as the boundary is expanded from time to time by anticipated annexations, and said 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.

Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 66
Menifee Mayor and City Council June 7, 2023 Page 438 of 1858

REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2023/2024
District Name
County
Fund No.

Levied
Parcels
Preliminary
FY 2023/2024
Levy
CFD 2017-1 Zone 1 68-0167 664 $238,452.94
CFD 2017-1 Zone 2 68-0259 65 $40,667.60
CFD 2017-1 Zone 3 68-0260 155 $121,939.07
CFD 2017-1 Zone 4 68-0261 258 $262,454.17
CFD 2017-1 Zone 5 68-0400 68 $75,892.14
CFD 2017-1 Zone 6 68-0401 134 $117,944.93
CFD 2017-1 Zone 8 68-0403 256 $198,525.37
CFD 2017-1 Zone 9 68-0404 174 $140,741.03
CFD 2017-1 Zone 18 68-XXXX 1 $4,797.00

ORIGINAL FORMATION
ASSESSOR’S PARCEL NUMBERS

APN APN APN APN APN
360850024 360850029 360850030 360850031 360850032
360860026 360860027 360860028 360860056 360860057
360860058 360860059 360860060 360860061 360860062
360861001 360861002 360861003 360861004 360861005
360861006 360861007 360861008 360861009 360861010
360861012 360861013 360861014 360861015 360861016
360861017 360861018 360861019 360861020 360861021
360861022 360861023 360861025 360861026 360861027
360861028 360861029 360861030 360861031 360861032
360861033 360861034 360861035 360861036 360861038
360861039 360861040 360861041 360861042 360861043
360861044 360861045 360861046 360861047 360861048
360861049 360861050 360861051 360861053 360861054
360861055 360861056 360861057 360861058 360861059
360861060 360861061 360861062 360861063 360861064
360861066 360861067 360861068 360861069 360861070
360861071 360861072 360861073 360861074 360861075
360861076 360861077 360862001 360862002 360862003
360862004 360862005 360862006 360862007 360862008
360862009 360862010 360862011 360862012 360862013
360862014 360862016 360862017 360862018 360862019
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 67
Menifee Mayor and City Council June 7, 2023 Page 439 of 1858 REVISED EXHIBIT B (Continued)
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

APN APN APN APN APN
360862020 360862021 360862022 360862023 360862024
360862025 360862026 360862027 360862028 360862029
360862031 360862032 360862033 360862034 360862035
360862036 360862037 360862038 360862039 360862040
360862041 360862042 360862043 360862044 360862046
360862047 360862048 360862049 360862050 360862051
360862052 360862053 360862054 360862055 360862056
360862057 360862058 360862059 360862061 360862062
360862063 360862064 360862065 360862066 360862067
360862068 360862069 360862070 360862071 360862072
360862073 360862074 360863001 360863002 360863003
360863004 360863005 360863006 360863007 360863008
360863009 360863010 360863011 360863012 360863014
360863015 360863016 360863017 360863018 360863019
360863020 360863021 360863022 360863023 360863024
360863025 360863026 360863027 360863029 360863030
360863031 360863032 360863033 360863034 360863035
360863036 360863037 360863038 360863039 360863040
360863041 360863042 360863044 360863045 360863046
360863047 360863048 360863049 360863050 360863051
360863052 360863053 360863054 360863055 360864001
360864002 360864003 360864004 360864005 360864006
360864007 360864008 360864009 360864010 360864011
360864012 360864013 360864014 360864015 360864016
360864017 360864018 360864019 360864020 360864021
360864022 360864023 360864024 360870001 360870002
360870003 360870004 360870005 360870006 360870007
360870008 360870009 360870010 360870011 360870012
360870013 360870014 360870015 360870016 360870017
360870018 360870019 360870020 360870021 360870022
360870023 360870024 360870025 360870026 360870027
360870028 360870029 360870030 360870031 360870032
360870033 360870034 360870035 360870036 360870037
360870038 360870039 360870040 360870041 360870042
360870043 360870044 360870045 360870046 360870047
360870048 360870049 360870050 360870051 360870052
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 68
Menifee Mayor and City Council June 7, 2023 Page 440 of 1858 REVISED EXHIBIT B (Continued)
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

APN APN APN APN APN
360870053 360870054 360870055 360870056 360870057
360870058 360870059 360870060 360870061 360870062
360870063 360870064 360870065 360870066 360880001
360880002 360880003 360880004 360880005 360880006
360880007 360880008 360880009 360880010 360880011
360880012 360880013 360880014 360880015 360880016
360880017 360880018 360880019 360880020 360880021
360880022 360880023 360880024 360880025 360880026
360880027 360880028 360880029 360880030 360880031
360880032 360880033 360880034 360880035 360880036
360880037 360880038 360880039 360880040 360880041
360880042 360880043 360880044 360880045 360880046
360880047 360880048 360880049 360880050 360880051
360880052 360880053 360880054 360880055 360880056
360880057 360880058 360880059 360970001 360970002
360970003 360970004 360970005 360970006 360970007
360970008 360970009 360970010 360970011 360970012
360970013 360970014 360970015 360970016 360970017
360970018 360970019 360971001 360971002 360971003
360971004 360971005 360971006 360971007 360971008
360971009 360971010 360971011 360971012 360971013
360971014 360971015 360971016 360971017 360971018
360971019 360971020 360971021 360971022 360971023
360971024 360971025 360971026 360971027 360971028
360971029 360971030 360971031 360971032 360971033
360971034 360971035 360971036 360971037 360971038
360971039 360971040 360972001 360972002 360972003
360972004 360972005 360972006 360973001 360973002
360973003 360973004 360973005 360973006 360973007
360973008 360973009 360973010 360973011 360973012
360974001 360974002 360974003 360974004 360974005
360974006 360974007 360974008 360980001 360980002
360980003 360980004 360980005 360980006 360980007
360980008 360980009 360980010 360980011 360980012
360980013 360980014 360980015 360980016 360980017
360980018 360980019 360980020 360980021 360980022
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 69
Menifee Mayor and City Council June 7, 2023 Page 441 of 1858 REVISED EXHIBIT B (Continued)
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

APN APN APN APN APN
360980023 360980024 360980025 360980026 360980027
360980028 360980029 360980030 360980031 360980032
360980033 360980034 360980035 360980036 360980037
360980038 360981001 360981002 360981003 360981004
360982001 360982002 360982003 360982004 360982005
360982006 360982007 360982008 360982009 360982010
360982011 360982012 360983001 360983002 360983003
360983004 360983005 360983006 360983007 360983008
360983009 360983010 360983011 360983012 364410001
364410002 364410003 364410004 364410005 364410006
364410007 364410008 364410009 364410010 364410011
364410012 364410013 364410014 364410015 364410016
364410017 364410018 364410019 364410020 364411001
364411002 364411003 364411004 364411005 364411006
364411007 364411008 364411009 364411010 364411011
364411012 364411013 364411014 364411015 364411016
364411017 364411018 364420003 364420004 364420005
364420006 364420007 364420008 364420009 364420010
364420011 364420012 364420013 364420014 364420015
364420016 364420017 364420018 364420019 364420020
364420021 364420022 364420023 364420024 364421001
364421002 364421003 364421004 364421005 364421006
364421007 364421008 364421009 364421010 364421011
364422001 364422002 364422003 364422004 364422005
364422006 364422007 364422008 364422009 364422010
364422011 364422012 364422013 364422014 364422015
364422016 364422017 364422018 364422019 364422020
364422021 364422022 364423001 364423002 364423003
364423004 364423005 364423006 364423007 364423008
364423009 364423010 364423011 364424001 364424002
364424003 364424004 364424005 364424006 364430001
364430002 364430003 364430004 364430005 364430006
364430007 364430008 364430009 364430010 364430011
364430012 364430013 364430014 364430015 364430016
364431001 364431002 364431003 364431004 364431005
364431006 364431007 364431008 364431009 364431010
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 70
Menifee Mayor and City Council June 7, 2023 Page 442 of 1858 REVISED EXHIBIT B (Continued)
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

APN APN APN APN APN
364431011 364431012 364431013 364431014 364431015
364431016 364431017 364432001 364432002 364432003
364432004 364432005 364432006 364432007 364432008
364433001 364433002 364433003 364433004
ANNEXATION NO. 1
ASSESSOR’S PARCEL NUMBERS

APN APN APN APN APN
360211001 360211002 360211003 360211004 360211005
360211006 360211007 360211008 360211009 360211010
360211011 360211012 360211013 360211014 360211015
360211016 360211017 360211018 360211019 360211020
360211021 360211022 360211023 360211024 360211025
360211026 360211027 360211028 360211029 360211030
360211031 360211032 360211033 360211034 360211035
360211036 360211037 360211038 360211039 360211040
360211041 360211042 360211043 360211044 360211045
360211046 360211047 360211048 360211049 360211050
360211051 360211052 360211053 360211054 360211055
360211056 360211057 360211058 360211059 360211060
360211061 360211062 360211063 360211064 360211065
ANNEXATION NO. 2
ASSESSOR’S PARCEL NUMBERS

APN APN APN APN APN
339362020 339362021 339362022 339362023 339362024
339362025 339362026 339362027 339500001 339500002
339500003 339500004 339500005 339500006 339500007
339500008 339500009 339500010 339500011 339500012
339500013 339500014 339500015 339500016 339500017
339500018 339500019 339500020 339500021 339500022
339500023 339500024 339500025 339500026 339500027
339501001 339501002 339501003 339501004 339501005
339502001 339502002 339502003 339502004 339502005
339502006 339510002 339510003 339510004 339510005
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 71
Menifee Mayor and City Council June 7, 2023 Page 443 of 1858 REVISED EXHIBIT B (Continued)
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

APN APN APN APN APN
339510006 339510008 339510009 339510010 339510011
339510012 339511001 339511002 339511003 339511004
339511005 339511006 339511007 339511008 339511009
339511010 339511011 339511012 339511013 339511014
339511015 339511016 339511017 339511018 339511019
339511020 339511021 339511022 339511023 339511024
339511025 339511026 339511027 339511028 339511029
339511030 339511031 339512001 339512002 339512003
339512004 339512005 339512006 339512007 339512008
339512009 339512010 339512011 339512012 339512013
339512014 339520001 339520002 339520003 339520004
339520005 339520006 339520007 339520008 339520009
339520010 339520011 339520012 339520013 339520014
339520015 339520016 339520017 339520018 339520019
339521001 339521002 339521003 339521004 339521005
339521006 339521007 339521008 339521009 339521010
339521011 339521012 339522001 339522002 339522003
339522004 339522005 339522006 339522007 339522008
339522009 339522010 339522011 339522012 339522013
339522014 339522015 339522016 339522017 339522018
339522019 339522020 339522021 339522022 339522023
339522024 339522025 339522026 339522027 339522028
339522029
ANNEXATION NO. 4
ASSESSOR’S PARCEL NUMBERS

APN APN APN APN APN
333840001 333840002 333840003 333840004 333840005
333840006 333840007 333840008 333840009 333840010
333840011 333840012 333840013 333840014 333840015
333841001 333841002 333841003 333841004 333841005
333841006 333841007 333841008 333841009 333841010
333841011 333841012 333841013 333841014 333841015
333841016 333841017 333841018 333841019 333841020
333841021 333841022 333841023 333841024 333841025
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 72
Menifee Mayor and City Council June 7, 2023 Page 444 of 1858 REVISED EXHIBIT B (Continued)
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

APN APN APN APN APN
333841026 333841027 333841028 333841029 333841030
333841031 333841032 333841033 333841034 333841035
333841036 333841037 333841038 333841039 333841040
333841041 333841042 333841043 333841044 333841045
333841046 333841047 333841048 333841049 333841050
333841051 333841052 333850001 333850002 333850003
333850004 333850005 333850006 333850007 333850008
333850009 333850010 333850011 333850012 333850013
333850014 333850015 333850016 333850017 333850018
333850019 333850020 333850021 333850022 333850023
333851001 333851002 333851003 333851004 333851005
333851006 333851007 333851008 333851009 333851010
333851011 333851012 333851013 333851014 333851015
333851016 333852001 333852002 333852003 333852004
333852005 333852006 333852007 333852008 333852009
333852010 333852011 333852012 333852013 333852014
333852015 333852016 333852017 333852018 333852019
333852020 333852021 333852022 333860001 333860002
333860003 333860004 333860005 333860006 333860007
333860008 333860009 333860010 333860011 333860012
333860013 333860014 333860015 333860016 333860017
333860018 333860019 333860020 333860021 333860022
333870001 333870002 333870003 333870004 333870005
333870006 333870007 333870008 333870009 333870010
333870011 333870012 333870013 333870014 333870015
333870016 333870017 333870018 333870019 333870020
333870021 333870022 333870023 333870024 333870025
333870026 333870027 333870028 333870029 333870030
333870032 333870033 333870034 333870035 333870036
333870037 333870038 333870039 333870040 333870041
333870042 333870043 333870044 333870045 333870046
333870047 333870048 333870049 333870050 333870051
333870052 333870053 333870054 333870055 333870056
333870057 333870058 333870059 333870060 333870061
333880001 333880002 333880003 333880004 333880005
333880006 333880007 333880008 333880009 333880010
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 73
Menifee Mayor and City Council June 7, 2023 Page 445 of 1858 REVISED EXHIBIT B (Continued)
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

APN APN APN APN APN
333880011 333880012 333880013 333880014 333880015
333880016 333880017 333880018 333880019 333880020
333881001 333881002 333881003 333881004 333881005
333881006 333881007 333881008 333881009 333881010
333881011 333881012 333881013 333881014 333881015
333881016 333881017 333881018 333881019 333881020
333881021 333881022 333881023 333881024 333881025
333881026 333881027 333881028
ANNEXATION NO. 5
ASSESSOR’S PARCEL NUMBERS

APN APN APN APN APN
372041001 372041002 372041003 372041004 372041005
372041006 372041007 372041008 372041009 372041010
372041011 372041012 372041013 372041014 372041015
372041016 372041017 372041018 372041019 372041020
372041021 372041022 372041023 372041024 372041025
372041026 372041027 372041028 372041029 372041030
372041031 372041032 372041033 372041034 372041035
372041036 372041037 372041038 372041039 372041040
372041041 372042001 372042002 372042003 372042004
372042005 372042006 372042007 372042008 372042009
372042010 372042011 372042012 372042013 372042014
372042015 372042016 372042017 372042018 372042019
372042020 372042021 372042022 372042023 372042024
372042025 372042026 372042027
ANNEXATION NO. 6
ASSESSOR’S PARCEL NUMBERS

APN APN APN APN APN
372600001 372600002 372600003 372600004 372600005
372600006 372600007 372600008 372600009 372600010
372600011 372600012 372600013 372600014 372600015
372600016 372600017 372600018 372600019 372600020
372600021 372600022 372600023 372600024 372600025
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 74
Menifee Mayor and City Council June 7, 2023 Page 446 of 1858 REVISED EXHIBIT B (Continued)
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

APN APN APN APN APN
372600026 372600027 372600028 372600029 372600030
372600031 372600032 372600033 372610001 372610002
372610003 372610004 372611001 372611002 372611003
372611004 372611005 372611006 372611007 372611008
372611009 372611010 372611011 372611012 372611013
372611014 372611015 372611016 372611017 372611018
372611019 372611020 372611021 372611022 372611023
372611024 372611025 372611026 372611027 372612001
372612002 372612003 372612004 372612005 372612006
372612007 372612008 372612009 372612010 372612011
372612012 372612013 372612014 372612015 372612016
372612017 372612018 372612019 372612020 372612021
372612022 372612023 372612024 372612025 372612026
372612027 372612028 372612029 372612030 372612031
372612032 372612033 372612034 372612035 372620001
372620002 372620003 372620004 372620005 372620006
372620007 372620008 372620009 372620010 372620011
372620012 372620013 372620014 372620015 372620016
372620017 372620018 372620019 372620020 372620021
372620022 372620023 372620024 372620025 372620026
372620027 372620028 372620029 372620030 372620031
372620032 372620033 372620034 372620035 372620036
372620037 372620038 372620039 372620040 372620041
372620042 372620043 372620044 372620045 372620046
372620047 372620048 372620049 372620050 372620051
372620052 372620053 372620054 372620055 372620056
372620057 372620058 372620059 372620060 372620061
372620062 372621001 372621002 372621003 372621004
372621005 372621006 372621007 372621008 372621009
372621010 372621011 372621012 372621013 372621014
ANNEXATION NO. 8
ASSESSOR’S PARCEL NUMBERS

APN APN APN APN APN
340050037 340630001 340630002 340630003 340630004
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 75
Menifee Mayor and City Council June 7, 2023 Page 447 of 1858 REVISED EXHIBIT B (Continued)
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

APN APN APN APN APN
340630005 340630006 340630007 340630008 340630009
340631001 340631002 340631003 340631004 340631005
340631006 340631007 340631008 340631009 340631010
340631011 340631012 340631013 340631014 340631015
340631016 340631017 340631018 340631019 340631020
340631021 340631022 340631023 340631024 340631025
340631026 340631027 340631028 340631029 340631030
340631031 340631032 340631033 340631034 340640001
340640002 340640003 340640004 340640005 340640006
340640007 340640008 340640009 340640010 340640011
340640012 340640013 340640014 340640015 340640016
340640017 340640018 340640019 340640020 340640021
340640022 340640023 340640024 340640025 340640026
340640027 340640028 340641001 340641002 340641003
340641004 340641005 340641006 340641007 340641008
340641009 340641010 340641011 340641012 340641013
340641014 340641015 340641016 340641017 340641018
340641019 340650001 340650002 340650003 340650004
340650005 340650006 340650007 340650008 340650009
340650010 340650011 340650012 340650013 340650014
340650015 340650016 340650017 340650018 340650019
340650020 340650021 340650022 340650023 340650024
340650025 340650026 340650027 340650028 340650029
340650030 340650031 340650032 340650033 340650034
340651001 340651002 340651003 340651004 340651005
340651006 340651007 340651008 340660001 340660002
340660003 340660004 340660005 340660006 340660007
340660008 340660009 340660010 340660011 340660012
340660013 340660014 340660015 340660016 340660017
340660018 340660019 340660020 340660021 340660022
340660023 340660024 340660025 340660026 340660027
340660028 340660029 340660030 340660031 340660032
340660033 340660034 340660035 340660036 340660037
340660038 340660039 340660040 340661001 340661002
340661003 340661004 340661005 340661006 340661007
340661008 340661009 340661010 340661011 340661012
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 76
Menifee Mayor and City Council June 7, 2023 Page 448 of 1858 REVISED EXHIBIT B (Continued)
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

APN APN APN APN APN
340661013 340661014 340661015 340661016 340661017
340661018 340661019 340661020 340661021 340661022
340661023 340661024 340661025 340661026 340661027
340661028 340661029 340661030 340661031 340661032
340661033 340661034 340670001 340670002 340670003
340670004 340670005 340670006 340671001 340671002
340671003 340671004 340671005 340671006 340671007
340671008 340671009 340671010 340671011 340671012
340671013 340671014 340671015 340671016 340671017
340671018 340671019 340671020 340671021 340671022
340671023 340671024 340671025 340671026 340671027
340671028 340671029 340671030 340671031 340671032
340671033 340671034 340671035 340671036 340671037
340671038 340671039 340671040 340671041 340671042
340671043 340671044
ANNEXATION NO. 9
ASSESSOR’S PARCEL NUMBERS

APN APN APN APN APN
331590001 331590002 331590003 331590004 331590005
331590006 331590007 331590008 331590009 331590010
331591001 331591002 331591003 331591004 331591005
331591006 331591007 331591008 331591009 331591010
331591011 331600001 331600002 331592001 331592002
331592003 331592004 331592005 331592006 331592007
331592008 331592009 331592010 331592011 331592012
331592013 331592014 331610001 331610002 331610003
331610004 331600003 331591012 331591013 331591014
331591015 331591016 331591017 331591018 331591019
331591020 331591021 331591022 331591023 331591024
331591025 331591026 331591027 331591028 331601001
331601002 331601003 331601004 331602001 331602002
331602003 331602004 331602005 331602006 331602007
331602008 331602009 331602010 331602011 331602012
331602013 331603018 331603019 331603020 331602014
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 77
Menifee Mayor and City Council June 7, 2023 Page 449 of 1858 REVISED EXHIBIT B (Continued)
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

APN APN APN APN APN
331602015 331602016 331612031 331612032 331603001
331603002 331603003 331603004 331603005 331603006
331603007 331603008 331603009 331603010 331603011
331603012 331612002 331612003 331612004 331612005
331612006 331612007 331612008 331612009 331612010
331612011 331612012 331612013 331612014 331612015
331612016 331612017 331612018 331612019 331612020
331612021 331612022 331612023 331612024 331612025
331612026 331603013 331603014 331603015 331603016
331613001 331613002 331613003 331613004 331613005
331613006 331603017 331611001 331611002 331611003
331611004 331611005 331611006 331611007 331613015
331613016 331613017 331613018 331613019 331611008
331611009 331611010 331613012 331613013 331613014
331611011 331611012 331611013 331611014 331611015
331613011 331611016 331612001 331613007 331613008
331613009 331613010 331612027 331612028 331612029
331612030 331613020 331613021 331613022 331603021
331603022 331603023 331603024 331603025
ANNEXATION NO. 18
ASSESSOR’S PARCEL NUMBERS

APN APN APN APN APN
364190004
Item Title: 11.1
Annual Ordinance Introductions for Community Facilities District (Maintenance) to Levy Special Taxes for Fiscal Year 2023/2024
Item Page Number: 78
Menifee Mayor and City Council June 7, 2023 Page 450 of 1858

CITY OF MENIFEE
SUBJECT: Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch
MEETING DATE: June 7, 2023
TO: Mayor and City Council
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Margarita Cornejo, Acting Chief Financial Officer APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution of the City Council of the City of Menifee establishing Community Facilities District (CFD) No. 2023-1 (Rockport Ranch) of the City of Menifee to authorize the levy of special tax, calling an election and approving and authorizing certain actions related thereto; and

2. Adopt a resolution of the City Council of the City of Menifee acting as the legislative body of CFD No. 2023-1 (Rockport Ranch) of the City of Menifee determining the necessity to incur bonded indebtedness in an amount not-to-exceed $23,000,000 within CFD No. 2023-1 of the City of Menifee and calling an election; and

3. Adopt a resolution of the City Council of the City of Menifee acting in its capacity as the legislative body of CFD No. 2023-1 (Rockport Ranch) certifying election results; and

4. Introduce an ordinance of the City Council of the City of Menifee acting in its capacity as the legislative body of CFD No. 2023-1 (Rockport Ranch) authorizing the levy of special taxes.

DISCUSSION
The Finance Committee reviewed the proposed CFD No. 2023-1 and recommended submittal to the City Council for approval at the May 3, 2023, City Council meeting.

On May 3, 2023, the City Council adopted Resolution No. 23-1315, declaring its intent to commence the formation of CFD No. 2023-1. The next steps in the proceedings are to hold a public hearing on June 7, 2023, to conduct an election in CFD No. 2023-1 and to declare the results of the election.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 1
Menifee Mayor and City Council June 7, 2023 Page 451 of 1858 City of Menifee Staff Report
Community Facilities District No. 2023-1 (Rockport Ranch) June 7, 2023

AG EHC II (LEN) CA 1, L.P., a Delaware limited partnership (the “Land Bank”) and Lennar Homes of California, LLC, a California limited liability company (the “Developer”) each own a portion of the property in CFD No. 2023-1. Lennar intends to continue to acquire additional property in CFD No. 2023-1 from the Land Bank as development therein progresses. The proposed development in CFD No. 2023-1 is for 305 homes on approximately 80 gross acres.

The Land Bank has requested that the City form CFD No. 2023-1 in accordance with the MelloRoos Community Facilities Act of 1982, as amended (the “Mello-Roos Act”), to finance the costs of certain public improvements through the levy of a special tax and the issuance of bonds in an amount not-to-exceed $23,000,000.

The Land Bank and Lennar have requested that the boundaries of CFD No. 2023-1 include the area described in “Attachment A” of the Resolution of Intention and that special taxes be levied within the boundaries of CFD No. 2023-1 in accordance with the Rate and Method of Apportionment (the “RMA”) as described in Attachment C to the Resolution of Intention, which is included as an appendix to the attached Public Hearing Report.

The Resolution of Intention called for a public hearing to be held on June 7, 2023, for the City Council to formally consider the approval of the formation of CFD No. 2023-1 and the approval of the levy of the special taxes within CFD No. 2023-1. Notice of the public hearing was published in the Press Enterprise and mailed to Lennar and the Land Bank in accordance with the MelloRoos Act.

In connection with the public hearing, Spicer Consulting Group has prepared a Public Hearing Report that describes and analyzes the facilities to be financed by the CFD and the estimated costs of such facilities. Following the close of the public hearing, the City Council will be asked to adopt the Resolution of Formation and the Resolution Determining the Necessity to Incur Debt which, together, approve the formation of the CFD and the levy of the special taxes within the CFD in accordance with the RMA and determines the necessity for the CFD to issue bonds in an amount not-to-exceed $23,000,000. Such Resolutions call for an election to submit to the qualified voters in the CFD, ballot measures on the approval of the special taxes, the issuance of the bonds and an appropriations limit for the CFD.

In addition, the Resolution of Formation, approves the execution and delivery of the following agreements in the forms presented to the City Council: (i) the Acquisition, Construction and Funding Agreement with Lennar (the “Funding Agreement”); and (ii) the Joint Community Facilities Agreement with Lennar and Eastern Municipal Water District (“Joint Community Facilities Agreement”). The Funding Agreement sets forth the terms, among others, pursuant to which the CFD will finance improvements to be constructed by Lennar. In accordance with the Mello-Roos Act, the approval and execution of the Joint Community Facilities Agreement allows for the CFD to finance improvements to be owned and operated by Eastern Municipal Water District, which benefit the development within the CFD.

On file with the City Clerk is a Certificate of the Registrar of Voters of Riverside County certifying that there are no registered voters residing within the boundaries of the CFD. Accordingly, under the Mello-Roos Act, only landowners in the CFD are eligible to vote at the election with each Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 2
Menifee Mayor and City Council June 7, 2023 Page 452 of 1858 City of Menifee Staff Report
Community Facilities District No. 2023-1 (Rockport Ranch) June 7, 2023

owner having one vote for each acre (or portion thereof) that they own within the CFD. Lennar and the Land Bank, as the landowners in the CFD, have each executed a consent and waiver of certain election procedures for the election within the CFD, including certain timing requirements with respect to the election in accordance with the Mello-Roos Act. Accordingly, if the City Council approves the Resolution of Formation and the Resolution Determining the Necessity to Incur Debt, the City Clerk will conduct the election. The City Clerk will announce the election results and the City Council will be asked to adopt the Resolution Certifying the Election Results. Based on the certification that two-thirds of the votes cast are in-favor of the propositions voted upon, the Resolution Certifying the Election Results directs the City Clerk to record a notice of special tax lien on the property within the CFD. The City Council will then be asked to introduce the Ordinance authorizing the levy of the special tax within the CFD in accordance with the applicable RMA.

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
The CFD will be required to annually levy special taxes on all of the taxable property within the CFD in order to pay for the costs of facilities, debt service on bonds and administration of the CFD. Any bonds issued by the CFD are not the obligations of the City and will be secured solely by the special taxes levied in the CFD. Lennar has made a deposit to pay for the costs of forming the CFD. The Resolution of Intention, Section 13 approved a form of a Reimbursement Agreement to reimburse Lennar for these costs if and when bonds are issued for CFD.

ATTACHMENTS

1. Resolution Establishing CFD No. 2023-1

2. Resolution Determining Necessity to Incur Debt for CFD No. 2023-1

3. Resolution Certifying Election Results for CFD No. 2023-1

4. Ordinance Authorizing the Levy of Special Taxes

5. Public Hearing CFD Report

6. Registrar of Voter Certificate

7. Funding Agreement CFD No. 2023-1

8. Joint Community Facilities Agreement (EMWD)
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 3
Menifee Mayor and City Council June 7, 2023 Page 453 of 1858 4880-2264-9939v5/200299-0015

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MENIFEE ESTABLISHING COMMUNITY FACILITIES DISTRICT
NO. 2023-1 (ROCKPORT RANCH) OF THE CITY OF MENIFEE,

AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN,

CALLING AN ELECTION AND APPROVING AND

AUTHORIZING CERTAIN ACTIONS RELATED THERETO
WHEREAS, the City Council (the “City Council”) of the City of Menifee (the “City”) has heretofore adopted Resolution No. 23-1315 stating its intention to form Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee (“Community Facilities District No. 2023-1” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, a copy of Resolution No. 23-1315 setting forth a description of the proposed boundaries of Community Facilities District No. 2023-1, the facilities and incidental expenses to be financed by the District and the rate and method of apportionment of the special tax proposed to be levied within the District is on file with the City Clerk; and WHEREAS, notice was published and mailed to all landowners of the land proposed to be included within the District as required by law relative to the intention of this City Council to form proposed Community Facilities District No. 2023-1 and to levy a special tax (the “Special Tax”) and to incur bonded indebtedness in the maximum aggregate amount of up to $23,000,000 therein to finance the facilities and incidental expenses described in Resolution No. 23-1315; and
WHEREAS, on June 7, 2023, this City Council conducted a noticed public hearing as required by law relative to the proposed formation of Community Facilities District No. 2023-1, the levy of the Special Tax therein and the issuance of bonded indebtedness by the District; and WHEREAS, at the June 7, 2023 public hearing there was filed with this City Council a report containing a description of the facilities necessary to meet the needs of the District and an estimate of the cost of such facilities as required by Section 53321.5 of the Act (the “Engineer’s Report”); and
WHEREAS, at the June 7, 2023 public hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2023-1, the levy of the Special Tax and the issuance of bonded indebtedness were heard and full and fair hearings were held; and
WHEREAS, following the public hearing, this City Council has determined to authorize the formation of the District to finance the types of facilities (the “Facilities”) and the incidental expenses (the “Incidental Expenses”) set forth in Attachment A hereto, which are described in more detail in the Engineer’s Report; and
WHEREAS, at the public hearing evidence was presented to this City Council on the matters before it, and the proposed Special Tax to be levied within the District was not precluded by a majority protest of the type described in Section 53324 of the Act, and this City Council at the conclusion of the hearing was fully advised as to all matters relating to the formation of the District, the levy of the Special Tax and the issuance of bonded indebtedness therein; and
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 4
Menifee Mayor and City Council June 7, 2023 Page 454 of 1858 Resolution to Establish CFD 2023-1 (Rockport Ranch)
2 4880-2264-9939v5/200299-0015
WHEREAS, this City Council has determined, based on a Certificate of Registrar of Voters of the County of Riverside on file in the office of the City Clerk, that no registered voters have been residing in the proposed boundaries of Community Facilities District No. 2023-1 for each of the 90 days prior to June 7, 2023 and that the qualified electors in Community Facilities District No. 2023-1 are the landowners within the District; and WHEREAS, on the basis of all of the foregoing, this City Council has determined to proceed with the establishment of Community Facilities District No. 2023-1 and to call an election therein to authorize (i) the levy of the Special Tax pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment C to Resolution No. 23-1315 (the “Rate and Method”), (ii) the issuance of bonds to finance the Facilities and Incidental Expenses, and (iii) the establishment of an appropriations limit for Community Facilities District No. 2023-1; and
WHEREAS, in order to facilitate the funding of the Facilities, the legislative body of the District desires to enter into an Acquisition, Construction and Funding Agreement (the “Agreement”) with Lennar Homes of California, LLC, a California limited liability company (the “Developer”) and the form of the Agreement is on file with the City Clerk; and WHEREAS, in connection with the proposed formation of the District, the City proposes to enter into a Joint Community Facilities Agreement (the “JFCA”) with Eastern Municipal Water District (the “Water District”) and the Developer relating to certain facilities proposed to be financed by the District and owned and operated by the Water District and the form of the JCFA is on file with the City Clerk;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:

Section 1. Each of the above recitals is true and correct.

Section 2. A community facilities district to be designated “Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee” is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act.

Section 3. The boundaries of Community Facilities District No. 2023-1 are established as shown on the map designated “Community Facilities District No. 2023-1 (Rockport Ranch) City of Menifee, County of Riverside, State of California”, which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County ClerkRecorder’s office of the County of Riverside in Book No. 91, Page No. 15 on May 9, 2023 as Instrument No. 2023-0132701.

Section 4. The types of Facilities and Incidental Expenses authorized to be provided for Community Facilities District No. 2023-1 are those set forth in Attachment A attached hereto. The estimated cost of the Facilities and Incidental Expenses to be financed is set forth in the Engineer’s Report, which estimates may change as the Facilities are designed and bid for construction and acquisition, as applicable.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 5
Menifee Mayor and City Council June 7, 2023 Page 455 of 1858 Resolution to Establish CFD 2023-1 (Rockport Ranch)
3 4880-2264-9939v5/200299-0015
The City is authorized by the Act to contribute revenue to, or to construct or acquire the Facilities, all in accordance with the Act. The City Council finds and determines that the proposed Facilities are necessary to meet the increased demand that will be placed upon local agencies and public infrastructure as a result of new development within the District and that the Facilities to be financed, including those to be financed pursuant the JCFA to be entered into with the Water District and the Developer, benefit residents of the City and the future residents of the District.

Section 5. Except where funds are otherwise available, it is the intention of this City Council, subject to the approval of the eligible voters of the District, to levy annually a Special Tax at the rates set forth in the Rate and Method on all non-exempt property within the District sufficient to pay for (i) the Facilities, (ii) the principal and interest and other periodic costs on the bonds proposed to be issued to finance the Facilities and Incidental Expenses, including the establishment and replenishment of reserve funds, any remarketing, credit enhancement and liquidity facility fees and other expenses of the type permitted by Section 53345.3 of the Act; and (iii) the Incidental Expenses. The District expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the District, the issuance of bonds, the levying and collecting of the Special Tax, the completion and inspection of the Facilities and the annual administration of the bonds and the District. The Rate and Method is described in detail in Attachment C to Resolution No. 23-1315 and incorporated herein by this reference, and the City Council hereby finds that the Rate and Method contains sufficient detail to allow each landowner within the District to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the Engineer’s Report, which is incorporated by reference herein, the Special Tax is based on the expected demand that each parcel of real property within Community Facilities District No. 2023-1 will place on the Facilities and on the benefit that each parcel will derive from the right to access the Facilities and, accordingly, is hereby determined to be reasonable. The Special Tax shall be levied on each assessor’s parcel in accordance with the Rate and Method provided, however, that the Special Tax shall not be levied after Fiscal Year 2065-

66. The Special Tax is apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and such Special Tax is not on or based upon the ownership of real property or the assessed value of real property.

If Special Taxes of the District are levied against any parcel used for private residential purposes, (i) the maximum Special Tax rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to the Special Tax because of its use for private residential purposes and shall not be increased over time except as authorized under the Rate and Method, (ii) the Special Tax shall not be levied after Fiscal Year 2065-66, and (iii) under no circumstances will the Special Tax levied against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 6
Menifee Mayor and City Council June 7, 2023 Page 456 of 1858 Resolution to Establish CFD 2023-1 (Rockport Ranch)
4 4880-2264-9939v5/200299-0015
The City Manager of the City of Menifee, or his or her designee, will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act.

Section 6. In the event that a portion of the property within Community Facilities District No. 2023-1 shall become for any reason exempt, wholly or partially, from the levy of the Special Tax specified in the Rate and Method, or in the event of delinquencies in the payment of Special Taxes levied, the City Council shall, on behalf of Community Facilities District No. 2023-1, increase the levy to the extent necessary and permitted by law and these proceedings upon the remaining property within Community Facilities District No. 2023-1 which is not exempt or delinquent in order to yield the required debt service payments on any outstanding bonds of the District, or to prevent the District from defaulting on any of its other obligations or liabilities; provided, however, under no circumstances will the Special Tax levied against any parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. The amount of the Special Tax will be set in accordance with the Rate and Method. The obligation to pay Special Taxes may be prepaid only as set forth in Section G of the Rate and Method.

Section 7. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the District ceases.

Section 8. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within Community Facilities District No. 2023-1, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within Community Facilities District No. 2023-1 and will be benefited by the Facilities proposed to be provided within Community Facilities District No. 2023-1.

Section 9. It is hereby further determined that there is no ad valorem property tax currently being levied on property within proposed Community Facilities District No. 2023-1 for the exclusive purpose of paying the principal of or interest on bonds or other indebtedness incurred to finance the construction of capital facilities which provide the same services to the territory of Community Facilities District No. 2023-1 as are proposed to be provided by the Facilities to be financed by Community Facilities District No. 2023-1.

Section 10. Written protests against the establishment of the District have not been filed by one-half or more of the registered voters within the boundaries of the District or by the property owners of one-half (1/2) or more of the area of land within the District.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 7
Menifee Mayor and City Council June 7, 2023 Page 457 of 1858 Resolution to Establish CFD 2023-1 (Rockport Ranch)
5 4880-2264-9939v5/200299-0015
The City Council hereby finds that the proposed Special Tax has not been precluded by a majority protest pursuant to Section 53324 of the Act.

Section 11. An election is hereby called for Community Facilities District No. 2023-1 on the propositions of levying the Special Tax on the property within Community Facilities District No. 2023-1 and establishing an appropriations limit for the District pursuant to Section 53325.7 of the Act and shall be consolidated with the election on the proposition of incurring bonded indebtedness, pursuant to Sections 53351 and 53353.5 of the Act. The language of the propositions to be placed on the ballot is attached hereto as Attachment B.

Section 12. The date of the election for Community Facilities District No. 2023-1 on the propositions of incurring the bonded indebtedness, authorizing the levy of the Special Tax and establishing an appropriations limit for the District shall be June 7, 2023, or such later date as is consented to by the City Clerk or Acting City Clerk (referred to herein as the “City Clerk”) of the City of Menifee; provided that, if the election is to take place sooner than 90 days after June 7, 2023, then the unanimous written consent of each qualified elector within the District to such election date must be obtained. The polls shall be open for said election immediately following the close of the public hearing on June 7, 2023. The election shall be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Menifee insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of this resolution, and all ballots shall be received by, and the City Clerk shall close the election by, 11:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act.

Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person, or by mail with return postage prepaid, to the qualified electors within Community Facilities District No. 2023-1. The City Clerk has secured a certificate from the Registrar of Voters of the County of Riverside certifying that there were no registered voters within the District as of April 18, 2023. Accordingly, since there were fewer than 12 registered voters within the District for each of the 90 days preceding June 7, 2023, the qualified electors shall be the landowners within the District and each landowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof that such landowner owns within Community Facilities District No. 2023-1, as provided in Section 53326 of the Act. The landowners within the District have each executed and delivered a waiver of certain election law requirements and consenting to the holding of the election on June 7, 2023, which waivers are on file with the City Clerk.

Section 13. The preparation of the Engineer’s Report is hereby ratified. The Engineer’s Report, as submitted, is hereby approved and was made a part of the record of the public hearing regarding the formation of Community Facilities District No. 2023-1. The Engineer’s Report is ordered to be kept on file with the transcript of these proceedings and open for public inspection.

Section 14. The District may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities, for any authorized Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 8
Menifee Mayor and City Council June 7, 2023 Page 458 of 1858 Resolution to Establish CFD 2023-1 (Rockport Ranch)
6 4880-2264-9939v5/200299-0015
purpose, including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2023-1. The District may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest.

Section 15. The form of the Agreement on file with the City Clerk is approved as to form, and each of the City Manager, Assistant City Manager, and their written designees, is authorized to execute the Agreement in substantially the form on file with the City Clerk, together with such changes as are approved by the officer executing the same, with the approval of such changes to be conclusively evidenced by the execution and delivery thereof. Notwithstanding City Policy No. FN-09, the City Council hereby waives the requirement for the approval of the Agreement prior to the adoption of the resolution of intention to establish the District. The City Council hereby finds that such waiver is reasonable given that the projects as listed in the Agreement are expected to provide public benefits to the future residents in the District.

Section 16. The form of the JCFA on file with the City Clerk is approved as to form, and each of the City Manager, Assistant City Manager, and their written designees, is authorized to execute the JCFA in substantially the form on file with the City Clerk, together with such changes as are approved by the officer executing the same, with the approval of such changes to be conclusively evidenced by the execution and delivery thereof.

Section 17. This Resolution shall be effective upon its adoption.

PASSED, APPROVED AND ADOPTED this 7th day of June, 2023. ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 9
Menifee Mayor and City Council June 7, 2023 Page 459 of 1858 A-1
4880-2264-9939v5/200299-0015

ATTACHMENT A
Types of Facilities To Be
Financed By Community
Facilities District No. 2023-1
The proposed types of facilities and expenses to be financed by the District include:

The construction, purchase, modification, expansion, rehabilitation and/or improvement of (i) drainage, library, park, roadway, traffic, administration and general government facilities, animal shelter facilities, fire and safety, and other public facilities of the City, including the foregoing public facilities which are included in the City’s fee programs with respect to such facilities and authorized to be financed under the Mello-Roos Community Facilities Act of 1982, as amended (the “City Facilities”); (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of Eastern Municipal Water District which are included in Eastern Municipal Water District’s water and sewer capacity and connection fee programs (the “Water District Facilities”), (iii) interim and permanent school facilities of Menifee Union School District, including classrooms, multi-purpose facilities, administration and auxiliary space at school facilities, athletic fields, playgrounds and recreational facilities and improvements thereto, landscaping, access roadways, drainage, sidewalks and gutters and utility lines, furniture, equipment and technology, including technology upgrades and mobile devices and infrastructure therefore, with a useful life of at least five (5) years at such school facilities (the “School Facilities”), and (iv) electrical utility undergrounding and dry utilities (the “Utilities” and together, with the City Facilities, the Water Facilities, and the School Facilities, the “Facilities”), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and
c. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities.

Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 10
Menifee Mayor and City Council June 7, 2023 Page 460 of 1858 B-1
4880-2264-9939v5/200299-0015

ATTACHMENT B

BALLOT PROPOSITIONS
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(ROCKPORT RANCH) OF THE CITY OF MENIFEE

SPECIAL TAX AND SPECIAL BOND ELECTION
June 7, 2023
PROPOSITION A: Shall Community Facilities District
No. 2023-1 (Rockport Ranch) of the City of Menifee (the “District”) incur an indebtedness and issue bonds in the maximum principal amount of $23,000,000, with interest
at a rate or rates not to exceed the maximum interest
rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 23-
1315 of the City Council of the City of Menifee?
PROPOSITION B: Shall a special tax with a rate and
method of apportionment as provided in Resolution No.
23-1315 of the City Council of the City of Menifee be
levied to pay for the Facilities, Incidental Expenses and other purposes described in Resolution No. 23-1315,
including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental
Expenses?
YES______
NO_______
YES______
NO_______
PROPOSITION C: For each year commencing with
Fiscal Year 2023-24, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities
District No. 2023-1 be an amount equal to $10,000,000?
YES______
NO_______
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 11
Menifee Mayor and City Council June 7, 2023 Page 461 of 1858 4861-4399-4963v4/200299-0015
RESOLUTION NO. 23-____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MENIFEE ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT

RANCH) OF THE CITY OF MENIFEE DETERMINING THE

NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN
AMOUNT NOT TO EXCEED $23,000,000 WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH) OF

THE CITY OF MENIFEE AND CALLING AN ELECTION

THEREIN
WHEREAS, on May 3, 2023, the City Council of the City of Menifee (the “City Council”) adopted Resolution No. 23-1315 stating its intention to form Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee (“Community Facilities District No. 2023-1” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and
WHEREAS, on May 3, 2023, the City Council also adopted Resolution No. 23-1316 stating its intention to incur bonded indebtedness in the amount of up to $23,000,000 within proposed Community Facilities District No. 2023-1 to finance (1) the purchase, construction, modification, expansion, improvement or rehabilitation of public facilities identified in Attachment B to Resolution No. 23-1315, and (2) the incidental expenses to be incurred in financing such public facilities and services and forming and administering the District, as identified in Attachment B to Resolution No. 23-1315; and
WHEREAS, notice was published as required by law relative to the intention of the City Council to form proposed Community Facilities District No. 2023-1 and to incur bonded indebtedness in the amount of up to $23,000,000 within the boundaries of proposed Community Facilities District No. 2023-1; and
WHEREAS, on June 7, 2023, this City Council conducted a noticed public hearing to determine whether it should proceed with the formation of Community Facilities District No. 2023-1, issue bonds to pay for the facilities and incidental expenses described in Resolution No. 23-1315 and authorize the rate and method of apportionment of a special tax to be levied within Community Facilities District No. 2023-1 for the purposes described in Resolution No. 23- 1315; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2023-1, the levy of a special tax and the issuance of bonds to pay for the cost of the proposed facilities and incidental expenses were heard and a full and fair hearing was held; and
WHEREAS, the City Council subsequent to such hearing adopted Resolution No. 23- ___ establishing Community Facilities District No. 2023-1 (the “Resolution of Formation”) and authorizing the financing of the public facilities (the “Facilities”) and the incidental expenses (the “Incidental Expenses”) described in Attachment B thereto; and WHEREAS, the City Council desires to make the necessary findings to incur bonded indebtedness within the District, to declare the purpose for said debt, and to authorize the Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 12
Menifee Mayor and City Council June 7, 2023 Page 462 of 1858 Resolution to Incur Debt for CFD 2023-1 (Rockport Ranch) 2 4861-4399-4963v4/200299-0015
submittal of a proposition to issue bonded indebtedness to the voters of the District, being the landowners within the proposed District, all as authorized and required by law; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:

Section 1. It is necessary to incur bonded indebtedness in one or more series in a maximum aggregate principal amount not to exceed $23,000,000 within Community Facilities District No. 2023-1.

Section 2. The indebtedness is to be incurred for the purpose of financing the costs of purchasing, constructing, modifying, expanding, improving, or rehabilitating the Facilities and financing the Incidental Expenses, as described in the Resolution of Formation, and carrying out the powers and purposes of Community Facilities District No. 2023-1, including, but not limited to, financing the costs of selling the bonds, establishing and replenishing bond reserve funds and paying remarketing, credit enhancement and liquidity facility fees and other expenses of the type authorized by Section 53345.3 of the Act.

Section 3. The whole of the property within Community Facilities District No. 2023-1, other than property exempted from the special tax pursuant to the provisions of the rate and method of apportionment attached to Resolution No. 23-1315 as Attachment C, shall pay for the bonded indebtedness pursuant to the levy of the special tax authorized by the Resolution of Formation.

Section 4. The maximum term of any series of bonds to be issued to finance Facilities shall in no event exceed thirty-five (35) years from the date of issuance of the bonds, or such longer term as is then permitted by law.

Section 5. The bonds shall bear interest at the rate or rates not to exceed the maximum interest rate permitted by law, payable annually or semiannually, or in part annually and in part semiannually, except the first interest payment may be for a period of less than six months, with the actual rate or rates and times of payment to be determined at the time or times of sale thereof.

Section 6. The bonds may bear a variable or fixed interest rate, provided that such variable rate or fixed rate shall not exceed the maximum rate permitted by Section 53531 of the Act, or any other applicable provision of law limiting the maximum interest rate on the bonds.

Section 7. Pursuant to Section 53351 of the Act, a special election is hereby called for Community Facilities District No. 2023-1 on the proposition of incurring the bonded indebtedness. The proposition relative to incurring bonded indebtedness in the maximum aggregate principal amount of $23,000,000 shall be in the form of Proposition A set forth in Attachment A hereto. In accordance with Sections 53351(h) and 53353.5 of the Act, the election shall be consolidated with the special election called on the proposition of levying a special tax within the District as described in the Resolution of Formation, which proposition shall be in the form of Proposition B set forth in Attachment A, and on the proposition of establishing an appropriations limit for the District, which proposition shall be in the form of Proposition C set forth in Attachment A.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 13
Menifee Mayor and City Council June 7, 2023 Page 463 of 1858 Resolution to Incur Debt for CFD 2023-1 (Rockport Ranch) 3 4861-4399-4963v4/200299-0015
Section 8. The date of the special election for Community Facilities District No. 2023-1 on the propositions of incurring the bonded indebtedness, authorizing the levy of the special tax and setting an appropriations limit shall be June 7, 2023, or such later date as is consented to by the City Clerk, or a Acting City Clerk of the City (referred to herein as the “City Clerk”); provided that, if the election is to take place sooner than 90 days after June 7, 2023, then the unanimous written consent of each qualified elector within the District to such election date must be obtained. The polls shall be open for said election immediately following the public hearing on June 7, 2023. The election shall be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Menifee insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of the Resolution of Formation and this resolution, and all ballots shall be received by and the City Clerk shall close the election by 11:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act.

Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person, or by mail with return postage prepaid, to the qualified electors within Community Facilities District No. 2023-1. The City Clerk has secured a certificate of the Registrar of Voters of the County of Riverside certifying that there were no registered voters within the District as of April 18, 2023. Accordingly, since there were fewer than 12 registered voters within the District for each of the 90 days preceding June 7, 2023, the qualified electors shall be the landowners within the District and each landowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof that such landowner owns within Community Facilities District No. 2023-1, as provided in Section 53326 of the Act. The landowners within the District have each executed and delivered a waiver of certain election law requirements and consenting to the holding of the election on June 7, 2023, which waivers are on file with the City Clerk.

Section 9. This Resolution shall be effective upon its adoption.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 14
Menifee Mayor and City Council June 7, 2023 Page 464 of 1858 Resolution to Incur Debt for CFD 2023-1 (Rockport Ranch) 4 4861-4399-4963v4/200299-0015
PASSED, APPROVED AND ADOPTED this 7th day of June, 2023. ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 15
Menifee Mayor and City Council June 7, 2023 Page 465 of 1858 A-1
4861-4399-4963v4/200299-0015

ATTACHMENT A

BALLOT PROPOSITIONS
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(ROCKPORT RANCH) OF THE CITY OF MENIFEE

SPECIAL TAX AND SPECIAL BOND ELECTION
June 7, 2023
PROPOSITION A: Shall Community Facilities District
No. 2023-1 (Rockport Ranch) of the City of Menifee (the “District”) incur an indebtedness and issue bonds in the maximum principal amount of $23,000,000, with interest
at a rate or rates not to exceed the maximum interest
rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 23-
1315 of the City Council of the City of Menifee?
PROPOSITION B: Shall a special tax with a rate and
method of apportionment as provided in Resolution No.
23-1315 of the City Council of the City of Menifee be
levied to pay for the Facilities, Incidental Expenses and other purposes described in Resolution No. 23-1315,
including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental
Expenses?
YES______
NO_______
YES______
NO_______
PROPOSITION C: For each year commencing with
Fiscal Year 2023-24, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities
District No. 2023-1 be an amount equal to $10,000,000?
YES______
NO_______
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 16
Menifee Mayor and City Council June 7, 2023 Page 466 of 1858 4854-2185-3779v4/200299-0015
RESOLUTION NO. 23-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MENIFEE, CALIFORNIA ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2023-1 (ROCKPORT RANCH) OF THE CITY OF MENIFEE

CERTIFYING ELECTION RESULTS
WHEREAS, the City Council of the City of Menifee called and duly held an election on June 7, 2023 within the boundaries of Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee (“Community Facilities District No. 2023-1” or the “District”) pursuant to Resolution Nos. 23-____ and 23-____ for the purpose of presenting to the qualified electors within the District Propositions A, B and C, attached hereto as Attachment A; and WHEREAS, there has been presented to this City Council a certificate of the City Clerk or Acting City Clerk (referred to herein as the “City Clerk”) canvassing the results of the election, a copy of which is attached hereto as Attachment B;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:

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

Section 2. Propositions A, B and C presented to the qualified electors of the District on June 7, 2023 were approved by more than two-thirds of the votes cast at said election and Propositions A, B and C each has carried. The City Council, acting as the legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in Proposition B for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition B and to issue bonds in an amount not to exceed $23,000,000 specified in Proposition A.

Section 3. The City Clerk is hereby directed to record in the Assessor-County ClerkRecorder’s office of the County of Riverside within fifteen days of the date hereof a notice of special tax lien with respect to the District which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 17
Menifee Mayor and City Council June 7, 2023 Page 467 of 1858 Resolution to Certifying Election Results for CFD 2023-1 (Rockport Ranch) 2 4854-2185-3779v4/200299-0015
Section 4. This Resolution shall be effective upon its adoption.

PASSED, APPROVED AND ADOPTED this 7th day of June, 2023. ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 18
Menifee Mayor and City Council June 7, 2023 Page 468 of 1858 4854-2185-3779v4/200299-0015

ATTACHMENT A

BALLOT PROPOSITIONS
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(ROCKPORT RANCH) OF THE CITY OF MENIFEE

SPECIAL TAX AND SPECIAL BOND ELECTION
June 7, 2023
PROPOSITION A: Shall Community Facilities District
No. 2023-1 (Rockport Ranch) of the City of Menifee (the “District”) incur an indebtedness and issue bonds in the maximum principal amount of $23,000,000, with interest
at a rate or rates not to exceed the maximum interest
rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 23-
1315 of the City Council of the City of Menifee?
PROPOSITION B: Shall a special tax with a rate and
method of apportionment as provided in Resolution No.
23-1315 of the City Council of the City of Menifee be
levied to pay for the Facilities, Incidental Expenses and other purposes described in Resolution No. 23-1315,
including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental
Expenses?
YES______
NO_______
YES______
NO_______
PROPOSITION C: For each year commencing with
Fiscal Year 2023-24, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities
District No. 2023-1 be an amount equal to $10,000,000?
YES______
NO_______
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 19
Menifee Mayor and City Council June 7, 2023 Page 469 of 1858 4854-2185-3779v4/200299-0015

ATTACHMENT B

CERTIFICATE OF CITY CLERK

AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Stephanie Roseen, Acting City Clerk of the City of Menifee, do hereby certify that I have examined the returns of the Special Tax and Bond Election for Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee (the “City”). The election was held in the City Council Chambers, 29844 Haun Road, Menifee, California, on June 7, 2023. I caused to be delivered ballots to each qualified elector. ____ (__) ballots were returned.

I further certify that the results of said election and the number of votes cast for and against Propositions A, B and C are as follows:

PROPOSITION A PROPOSITION B PROPOSITION C
YES: YES: YES:

NO: NO: NO:

TOTAL: TOTAL: TOTAL:

Dated this 7th day of June, 2023.

Stephanie Roseen, Acting City Clerk
City of Menifee
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 20
Menifee Mayor and City Council June 7, 2023 Page 470 of 1858 4890-7830-3827v4/200299-0015
ORDINANCE NO. 23-___

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MENIFEE, CALIFORNIA ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2023-1 (ROCKPORT RANCH) OF THE CITY OF MENIFEE

AUTHORIZING THE LEVY OF SPECIAL TAXES
WHEREAS, on May 3, 2023, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 23-1315 declaring its intention to form Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and its Resolution No. 23-1316 declaring its intention to incur bonded indebtedness for the District; and WHEREAS, on June 7, 2023, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the proposed levy of a special tax therein to finance certain public facilities described in Resolution No. 23-1315 and to secure the payment of any bonded indebtedness of the District, and the proposed issuance of up to $23,000,000 of bonded indebtedness as described in Resolution No. 23-1316; and
WHEREAS, at the June 7, 2023 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax to finance the facilities described in Resolution No. 23-1315 and to secure the payment of up to $23,000,000 of bonded indebtedness of the District as described in Resolution No. 23-1315 (the “Bonds”) were heard and a full and fair hearing was held; and
WHEREAS, on June 7, 2023, the City Council adopted Resolution Nos. 23-___ and 23-___ which formed the District and called a special election within the District on June 7, 2023 on three propositions relating to the levy of a special tax within the District, the issuance of the Bonds and the establishment of an appropriations limit within the District; and WHEREAS, on June 7, 2023, a special election was held within the District at which the qualified electors approved by more than a two-thirds vote Propositions A, B and C authorizing the levy of a special tax within the District for the purposes described in Resolution No. 23-___, the issuance of the Bonds as described in Resolution No. 23-___ and establishing an appropriations limit for the District; and
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 21
Menifee Mayor and City Council June 7, 2023 Page 471 of 1858 Ordinance Levying Special Taxes for CFD No. 2023-1 (Rockport Ranch) Ordinance No. 23-___
2 4890-7830-3827v4/200299-0015
Section 1. The above recitals are all true and correct.

Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment C to Resolution No. 23-1315, which is incorporated by reference herein (the “Rate and Method”). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to refund the Bonds), payment of all costs of the public facilities and services authorized to be financed by the District, and payment of all costs of administering the District.

Section 3. Each of the Mayor, the City Manager, the Assistant City Manager, or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year, and with respect to the Special Tax, until the Bonds are paid in full, the facilities have been paid for, and provision has been made for payment of all of the administrative costs of the District.

Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section F of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 23-___ or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act.

Section 5. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. 23-___.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 22
Menifee Mayor and City Council June 7, 2023 Page 472 of 1858 Ordinance Levying Special Taxes for CFD No. 2023-1 (Rockport Ranch) Ordinance No. 23-___
3 4890-7830-3827v4/200299-0015
Section 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.

Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds (including any bonds issued to refund the Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax, as authorized by the Act.

Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk or Deputy City Clerk (referred to herein as the “City Clerk”) shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Menifee.

Section 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.

Section 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer-Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.

Section 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.

Section 12. This Ordinance shall take effect thirty (30) days after its final passage.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 23
Menifee Mayor and City Council June 7, 2023 Page 473 of 1858 Ordinance Levying Special Taxes for CFD No. 2023-1 (Rockport Ranch) Ordinance No. 23-___
4 4890-7830-3827v4/200299-0015
This Ordinance was introduced and read on the 7th day of June, 2023 and APPROVED AND ADOPTED this ___ day of ____________, 2023.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 24
Menifee Mayor and City Council June 7, 2023 Page 474 of 1858

C I T Y O F M E N I F E E
Public Hearing Report
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(ROCKPORT RANCH)
JUNE 7, 2023
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 25
Menifee Mayor and City Council June 7, 2023 Page 475 of 1858 Table of Contents
Sections
1 2
3 4
5 6
Introduction 1
2 3
5 6
8 Description of Facilities
Cost Estimate
Proposed Development
Rate and Method of Apportionment
Certifications
Tables
3-1 Cost Estimate 3
6 7
5-1 Assigned Special Tax for Developed Property – Tax Zone 1 5-2 Assigned Special Tax for Developed Property – Tax Zone 2 Appendices
A
B
C
Rate and Method of Apportionment
Proposed Boundary Map
Resolution of Intention
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 26
Menifee Mayor and City Council June 7, 2023 Page 476 of 1858 1 Introduction Page | 1
Background
On May 3, 2023, the City Council (the “City Council”) of the City of Menifee (the “City”), adopted a Resolution of Intention to form Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee (“CFD No. 2023-1” or “District”), Resolution No. 23-1315, pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter

2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, (“Act”).

CFD No. 2023-1 is currently comprised of approximately 80 gross acres within Tract Map 37131 including 305 proposed single family residential properties. There are two separate Tax Zones within the boundaries of CFD No. 2022-3. Tax Zone 1 includes 96 lots and Tax Zone 2 includes 209 lots. The property is located on the southwest corner of Old Newport Road and Briggs Road.

For a map showing the boundaries of CFD No. 2023-1 please see Appendix B.

Purpose of Public Hearing Report
WHEREAS, this Community Facilities District Report (“Report”) is being provided to the City Council and generally contains the following:

1. A brief description of CFD No. 2023-1;

2. A brief description of the Facilities required at the time of formation to meet the needs of CFD No. 2023-1.

3. A brief description of the Boundaries of CFD No. 2023-1; and

4. An estimate of the cost of financing the bonds used to pay for the Facilities, including all costs associated with formation of the District, issuance of bonds, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District, and any other incidental expenses to be paid through the proposed financing.

For particulars, reference is made to the Resolution of Intention as previously approved and adopted and is included in Appendix C.

City of Menifee
CFD No. 2023-1 (Rockport Ranch)
Public Hearing Report
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 27
Menifee Mayor and City Council June 7, 2023 Page 477 of 1858 2 Description of Facilities Page | 2
NOW, THEREFORE, the undersigned, authorized representative of Spicer Consulting Group, LLC, the appointed responsible officer, or person directed to prepare this Report, does hereby submit the following data:

Description of the Facilities
A Community Facilities District may pay for facilities which may include all amounts necessary to eliminate any fixed special assessment liens or to pay, repay, or defease any obligation to pay for any indebtedness secured by any tax, fee, charge, or assessment levied, provide for the purchase, construction, expansion, or rehabilitation for any real or other tangible property with an estimated useful life of five (5) years or longer, which is necessary to meet increased demands placed upon local agencies as a result of development and/or rehabilitation occurring within the District.

The types of facilities that are proposed by CFD No. 2023-1 and financed with the proceeds of special taxes and bonds issued by CFD No. 2023-1 consist of the construction, purchase, modification, expansion, rehabilitation and/or improvement of (i) drainage, library, park, roadway, traffic, administration and general government facilities, animal shelter facilities, fire and safety, and other public facilities of the City, including the foregoing public facilities which are included in the City’s fee programs with respect to such facilities and authorized to be financed under the Mello-Roos Community Facilities Act of 1982, as amended (the “City Facilities”); (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of Eastern Municipal Water District which are included in Eastern Municipal Water District’s water and sewer capacity and connection fee programs (the “Water District Facilities”), and (iii) interim and permanent school facilities of Menifee Union School District, including classrooms, multi-purpose facilities, administration and auxiliary space at school facilities, athletic fields, playgrounds and recreational facilities and improvements thereto, landscaping, access roadways, drainage, sidewalks and gutters and utility lines, furniture, equipment and technology, including technology upgrades and mobile devices and infrastructure therefore, with a useful life of at least five (5) years at such school facilities (the “School Facilities”), and (iv) electrical utility undergrounding and dry utilities (the “Utilities” and together, with the City Facilities, Water Facilities, and School Facilities, the “Facilities”), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities.

Incidental Expenses
The Incidental Expenses to be paid from bond proceeds and/or special taxes include:
a)
b)
The cost of engineering, planning and designing the Facilities; and All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and c) Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities.

Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District.

All costs associated with the creation of CFD No. 2023-1, the issuance of bonds, the determination of the amount of special taxes to be levied, costs incurred in order to carry out the authorized purposes of CFD No. 2023-1, including legal fees, fees of consultants, engineering, planning, designing and the annual costs to administer CFD No. 2023-1 and any obligations.

The description of the eligible public facilities, services and incidental expenses above are preliminary and general in nature.

The final plans and specifications approved by the applicable public agency may show substitutes or modifications in order to accomplish the work or serve the new development and any such substitution or modification shall not constitute a change or modification in the proceedings relating to CFD No. 2023-1.

City of Menifee
CFD No. 2023-1 (Rockport Ranch)
Public Hearing Report
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 28
Menifee Mayor and City Council June 7, 2023 Page 478 of 1858 3 Cost Estimate Page | 3
Below is the estimated cost of facilities to be provided to the District. a) The cost estimate of facilities, including incidental expenses, to be financed through the issuance of CFD No. 2023- 1 Bonds is estimated to be $16,965,000 based upon current dollars (Fiscal Year 2023-24). b) For further particulars please reference Table 3-1 below and incorporated herein by reference. c) Pursuant to Section 53340 of the Act, the proceeds of any special tax levied and collected by CFD No. 2023-1 may be used only to pay for the cost of providing public facilities, services, and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the annual costs associated with determination of the amount of special taxes, collection of special taxes, payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the District. The incidental expenses associated with the annual administration of CFD No. 2023-1 are estimated to be $30,000 in the initial Fiscal Year. However, it is anticipated that the incidental expenses will vary due to inflation and other factors that may not be foreseen today, and the actual incidental expenses may exceed these amounts accordingly.

Table 3-1
Cost Estimate
City Fees
Law Enforcement
Total
$423,950
Bond Allocation(1)
$423,950
Fire Facilities
Circulation
$197,335
$2,162,450
$358,680
$581,330
$525,515
$3,906,674
$849,825
$9,005,759
$197,335
$2,162,450
$358,680
$581,330
$525,515
$3,906,674
$849,852
$9,005,786
General Government
Storm Drainage (Area B-B)
Parks - Land
Fiscal Impact Mitigation Fee
City Facilities
Total City Fees
City Facilities Total Bond Allocation(1)
City Street Improvements $1,495,000
Overhead Electrical Utility Undergrounding
Total City Facilities
$1,495,000
$1,440,000
$2,935,000
$1,440,000
$2,935,000
Eastern Municipal Water District
Sewer Financial Participation Charge
Sewer Treatment Plant Capacity Charge
Water Financial Participation Charge
Water Supply Development Fee
Irrigation 1.5” Meter Fee
Total Bond Allocation(1)
$1,034,255
$1,960,540
$2,206,675
$119,560
$1,034,255
$1,699,012
$0
$0
$149,820 $0
Irrigation Meter Fee $114,985 $0
Total Eastern Municipal Water District $5,585,835 $2,733,267 Menifee Union School District
School Fees
Total Bond Allocation(1)
$2,708,812 $0
Total Menifee Union School District $2,708,812 $0
City of Menifee
CFD No. 2023-1 (Rockport Ranch)
Public Hearing Report
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 29
Menifee Mayor and City Council June 7, 2023 Page 479 of 1858 3 Cost Estimate Page | 4
Table 3-1
Cost Estimate (Continued)
Total Eligible Fees/Improvements
Incidental Financing Costs
$20,235,433 $14,674,053
$2,290,947
Total Funded by Bond Proceeds $16,965,000
Total Fees/Improvements to be Funded by Developer $5,561,380 (1) Amounts are allocated based upon estimated bond sizing and may change based upon market conditions at the time of bond issuance. Allocation of bond proceeds between facility types to be determined at the time of bond issuance.

City of Menifee
CFD No. 2023-1 (Rockport Ranch)
Public Hearing Report
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 30
Menifee Mayor and City Council June 7, 2023 Page 480 of 1858 4 Proposed Development Page | 5
The CFD No. 2023-1 includes approximately 80 gross acres located on the southwest corner of Old Newport Road and Briggs Road in the City. The property within CFD No. 2023-1 is expected to be developed with 305 single family residential properties. There are two separate Tax Zones within the boundaries of CFD No. 2023-1. Tax Zone 1 includes 96 lots and Tax Zone 2 includes 209 lots. As of Fiscal Year 2022-23 the proposed CFD No. 2023-1 includes the following Assessor's Parcel Number:

Assessor’s Parcel
Number
364-190-004
364-190-005
A map showing the boundaries of CFD No. 2023-1 is included in Appendix B.

City of Menifee
CFD No. 2023-1 (Rockport Ranch)
Public Hearing Report
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 31
Menifee Mayor and City Council June 7, 2023 Page 481 of 1858 5 Rate and Method of Apportionment Page | 6
The Rate and Method of Apportionment allows each property owner within CFD No. 2023-1 to estimate the annual Special Tax amount that would be required for payment. The Rate and Method of Apportionment of the Special Tax established pursuant to these proceedings, is attached hereto as Appendix A (the “Rate and Method”). The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the CFD Administrator may directly bill the Special Taxes, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 2023-1, and provided further that CFD No. 2023-1 may covenant to foreclose and may actually foreclose on parcels having delinquent Special Taxes as permitted by the Act.

All of the property located within CFD No. 2023-1, unless exempted by law or by the Rate and Method proposed for CFD No. 2023-1, shall be taxed for the purpose of providing necessary facilities to serve the District. The Boundary Map for CFD No. 2023-1 is attached hereto as Appendix B. Pursuant to Section 53325.3 of the Act, the tax imposed “is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.” The Special Tax may be based on the benefit received by property, the cost of making facilities or authorized services available or other reasonable basis as determined by the City, although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. A property owner within the District may choose to prepay in whole or in part the Special Tax. The available method for so doing is described in Section G of the Rate and Method (“Prepayment of Special Tax”).

For each year that any Bonds are outstanding the Special Tax shall be levied on all parcels subject to the Special Tax. If any delinquent Special Taxes remain uncollected prior to or after all Bonds are retired, the Special Tax may be levied to the extent necessary to reimburse CFD No. 2023-1 for uncollected Special Taxes associated with the levy of such Special Taxes, but the Special Tax shall not be levied after 2065-66 Fiscal Year.

Table 5-1
Assigned Special Tax for Developed Property – Tax Zone 1 Fiscal Year 2023-24
Assigned Special
Taxable
Unit
Tax Per Taxable
Land Use Category Building Square Footage Unit
Less than 1,900 sq. ft
1,900 sq. ft to 2,050 sq. ft
2,051 sq. ft to 2,200 sq. ft
Greater than 2,200 sq. ft
N/A

1. Single Family Residential Property

2. Single Family Residential Property

3. Single Family Residential Property

4. Single Family Residential Property
RU
RU
RU
RU
Acre
Acre
$2,595.00
$2,666.00
$2,709.00
$2,752.00
$35,565.00
$35,565.00

5. Multifamily Property

6. Non-Residential Property N/A
City of Menifee
CFD No. 2023-1 (Rockport Ranch)
Public Hearing Report
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 32
Menifee Mayor and City Council June 7, 2023 Page 482 of 1858 5 Rate and Method of Apportionment Page | 7
Table 5-2
Assigned Special Tax for Developed Property – Tax Zone 2 Fiscal Year 2023-24
Assigned Special
Taxable Tax Per Taxable
Land Use Category Unit Unit
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
Acre
Acre
Building Square Footage
Less than 1,900 sq. ft
1,900 sq. ft to 2,100 sq. ft
2,101 sq. ft to 2,300 sq. ft
2,301 sq. ft to 2,500 sq. ft
2,501 sq. ft to 2,700 sq. ft
2,701 sq. ft to 2,900 sq. ft
2,901 sq. ft to 3,100 sq. ft
3,101 sq. ft to 3,300 sq. ft
3,301 sq. ft to 3,500 sq. ft
3,501 sq. ft to 3,700 sq. ft
3,701 sq. ft to 3,900 sq. ft
Greater than 3,900 sq. ft
N/A

1. Single Family Residential Property

2. Single Family Residential Property

3. Single Family Residential Property

4. Single Family Residential Property

5. Single Family Residential Property

6. Single Family Residential Property

7. Single Family Residential Property

8. Single Family Residential Property

9. Single Family Residential Property

10. Single Family Residential Property

11. Single Family Residential Property

12. Single Family Residential Property
$2,743.00
$2,920.00
$3,008.00
$3,095.00
$3,196.00
$3,403.00
$3,559.00
$3,714.00
$3,977.00
$4,241.00
$4,504.00
$4,767.00
$25,600.00
$25,600.00

13. Multifamily Property

14. Non-Residential Property N/A
Escalation of Special Taxes
On each July 1, commencing on July 1, 2024 the Assigned Special Tax shall increase by two percent (2.0%), of the amount in effect in the prior Fiscal Year.

For particulars as to the Rate and Method for CFD No. 2023-1, see the attached and incorporated in Appendix A.

City of Menifee
CFD No. 2023-1 (Rockport Ranch)
Public Hearing Report
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 33
Menifee Mayor and City Council June 7, 2023 Page 483 of 1858 6 Certifications Page | 8
Based on the information provided herein, it is my opinion that the described services herein are those that are necessary to meet increased demands placed upon the City of Menifee as a result of development occurring within the CFD No. 2023- 1 and benefits the lands within said CFD No. 2023-1. Further, it is my opinion that the special tax rates and method of apportionment, as set forth herein, are fair and equitable, uniformly applied and not discriminating or arbitrary.

Date: June 7, 2023 SPICER CONSULTING GROUP, LLC
__________________________

SHANE SPICER

SPECIAL TAX CONSULTANT FOR

CITY OF MENIFEE

RIVERSIDE COUNTY

STATE OF CALIFORNIA
City of Menifee
CFD No. 2023-1 (Rockport Ranch)
Public Hearing Report
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 34
Menifee Mayor and City Council June 7, 2023 Page 484 of 1858

APPENDIX A
Rate and Method of Apportionment
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 35
Menifee Mayor and City Council June 7, 2023 Page 485 of 1858

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2023‐1 (ROCKPORT RANCH)

OF THE CITY OF MENIFEE
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries Community Facilities District No. 2023‐1 (Rockport Ranch) of the City of Menifee ("CFD No. 2023‐1"). The amount of Special Tax to be levied in each Fiscal Year on an Assessor’s Parcel shall be determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2023‐1, by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel with Single Family Residential Property that has a stand‐alone Residential Unit. "Acre” or “Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello‐Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2023‐1: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2023‐1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2023‐1 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2023‐1 and any major property owner associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2023‐1 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2023‐1 for any other administrative purposes of CFD No. 2023‐1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
"Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that wasrecorded prior to the January 1
stpreceding the Fiscal Year in which the Special Tax is being levied, City of Menifee
Community Facilities District No. 2023‐1 (Rockport Ranch) Page 1 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 36
Menifee Mayor and City Council June 7, 2023 Page 486 of 1858 (ii) that have an assigned Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) that have not been issued a building permit on or before May 1
st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied in each Fiscal Year on all Assessor’s Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding CFD No. 2023‐1 Bonds plus the estimated annual Administrative Expenses for such Fiscal Year. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.
"Calendar Year" meansthe period commencing January 1 of any year and ending the following December

31. “CFD” or "CFD No. 2023‐1" means Community Facilities District No. 2023‐1 (Rockport Ranch) of the City of Menifee established by the City under the Act.
“CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes. "CFD No. 2023‐1 Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long‐term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long‐term contracts, or any refunding thereof, to which Special Tax of CFD No. 2023‐1 have been pledged. “City” means the City of Menifee.
"City Council" means the City Council of the City of Menifee, acting as the Legislative Body of CFD No. 2023‐1.

City of Menifee
Community Facilities District No. 2023‐1 (Rockport Ranch) Page 2 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 37
Menifee Mayor and City Council June 7, 2023 Page 487 of 1858 “Condominium Plan" means a condominium plan as set forth in California Civil Code, Section 4285. "County" means the County of Riverside.
"Developed Property" means all Assessor’s Parcels: (i) that are included in a Final Map that was recorded prior to the January 1
st preceding the Fiscal Year in which the Special Tax is being levied, (ii) that have an Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) for which a Building Permit for new construction was issued on or before May 1
st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 4285 that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1
st of any year and ending the following June 30th
.
“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2023‐1 Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Category” means any of the categories listed in Table 1 and Table 2 of Section D. "Maximum Special Tax" means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2023‐1 in any Fiscal Year on such Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator.
"Non‐Residential Property" or “NR” means all Assessor's Parcelsfor which a building permit(s) wasissued or will be issued for a non‐residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2. "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.
“Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax isthe same City of Menifee
Community Facilities District No. 2023‐1 (Rockport Ranch) Page 3 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 38
Menifee Mayor and City Council June 7, 2023 Page 488 of 1858 for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property, or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property, or Provisional Undeveloped Property, as applicable.
"Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F. "Rate and Method of Apportionment" means this Rate and Method of Apportionment of Special Tax for CFD No. 2023‐1.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this Rate and Method of Apportionment.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property.
"Special Tax" or “Special Taxes” means any of the special taxes authorized to be levied within CFD No. 2023‐1 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding CFD No. 2023‐1 Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to replenish any reserve funds established in association with the CFD No. 2023‐1 Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax delinquencies, (vi) for debt service on CFD No. 2023‐1 Bonds anticipated to be issued, and (vii) for the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2023‐1, provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Steps Two or Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the CFD No. 2023‐1 Bonds pursuant to the Indenture.
“Tax Zone(s)” means the geographical area(s) within CFD No. 2023‐1 identified as Tax Zone 1 or Tax Zone 2 as shown on the Boundary Map.
“Tax Zone 1” means all property located within CFD No. 2023‐1 and on the Boundary Map as Tax Zone 1. “Tax Zone 2” means all property located within CFD No. 2023‐1 and on the Boundary Map as Tax Zone 2. "Taxable Property" means all Assessor’s Parcels within CFD No. 2023‐1 which are not Exempt Property. “Taxable Unit” means either a Residential Unit or an Acre.

City of Menifee
Community Facilities District No. 2023‐1 (Rockport Ranch) Page 4 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 39
Menifee Mayor and City Council June 7, 2023 Page 489 of 1858 “Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, or Provisional Undeveloped Property.

B. SPECIAL TAX
Commencing Fiscal Year 2023‐2024 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to fund the Special Tax Requirement.

C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2023‐2024, each Assessor’s Parcel within CFD No. 2023‐1 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property shall be further classified as being within Tax Zone 1 or Tax Zone 2.

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

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

D. MAXIMUM SPECIAL TAX

1. Developed Property
City of Menifee
Community Facilities District No. 2023‐1 (Rockport Ranch) Page 5 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 40
Menifee Mayor and City Council June 7, 2023 Page 490 of 1858 The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax.

The Maximum Special Tax for each Assessor’s Parcel of Non‐Residential or Multifamily Residential Property shall be the applicable Assigned Special Tax described in Table 1 or Table 2 of Section D. a. Assigned Special Tax
Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non‐Residential shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property shall be determined pursuant to Table 1 or Table 2 below.

TABLE 1

ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 1
(FISCAL YEAR 2023‐2024)
Assigned
Taxable
Unit
RU
RU
RU
RU
Acre
Acre
Special Tax Per
Taxable Unit
$2,595.00
Land Use Category

1. Single Family Residential Property

2. Single Family Residential Property

3. Single Family Residential Property

4. Single Family Residential Property

5. Multifamily Property
Building Square Footage
Less than 1,900 sq. ft
1,900 sq. ft to 2,050 sq. ft
2,051 sq. ft to 2,200 sq. ft
Greater than 2,200 sq. ft
N/A
$2,666.00
$2,709.00
$2,752.00
$35,565.00

6. Non‐Residential Property N/A $35,565.00
On each July 1, commencing July 1, 2024, the Assigned Special Tax rate for Developed Property in Tax Zone 1 shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

City of Menifee
Community Facilities District No. 2023‐1 (Rockport Ranch) Page 6 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 41
Menifee Mayor and City Council June 7, 2023 Page 491 of 1858 TABLE 2

ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 2
(FISCAL YEAR 2023‐2024)
Assigned
Special Tax Per
Taxable Unit
$2,743.00
$2,920.00
$3,008.00
$3,095.00
$3,196.00
$3,403.00
$3,559.00
$3,714.00
$3,977.00
$4,241.00
$4,504.00
$4,767.00
$25,600.00
$25,600.00
Taxable
Unit
RU
Land Use Category Building Square Footage
Less than 1,900 sq. ft
1,900 sq. ft to 2,100 sq. ft
2,101 sq. ft to 2,300 sq. ft
2,301 sq. ft to 2,500 sq. ft
2,501 sq. ft to 2,700 sq. ft
2,701 sq. ft to 2,900 sq. ft
2,901 sq. ft to 3,100 sq. ft
3,101 sq. ft to 3,300 sq. ft
3,301 sq. ft to 3,500 sq. ft
3,501 sq. ft to 3,700 sq. ft
3,701 sq. ft to 3,900 sq. ft
Greater than 3,900 sq. ft
N/A

1. Single Family Residential Property

2. Single Family Residential Property

3. Single Family Residential Property

4. Single Family Residential Property

5. Single Family Residential Property

6. Single Family Residential Property

7. Single Family Residential Property

8. Single Family Residential Property

9. Single Family Residential Property

10. Single Family Residential Property

11. Single Family Residential Property

12. Single Family Residential Property

13. Multifamily Property
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
Acre

14. Non‐Residential Property Acre N/A
On each July 1, commencing July 1, 2024, the Assigned Special Tax rate for Developed Property in Tax Zone 2 shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. b. Multiple Land Use Categories
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
c. Backup Special Tax
When a Final Map is recorded, the Administrator shall determine which Tax Zone the Final Map area lies within and the Backup Special Tax for an Assessor’s Parcel within the Final Map classified or to be classified as Single Family Property shall calculated according to the following formula.

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

B = Backup Special Tax per per Assessor’s Parcel within the Final Map U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below A = Acreage of Single Family Residential Property expected to exist in such Final Map at the time of calculation, as determined by the Administrator
City of Menifee
Community Facilities District No. 2023‐1 (Rockport Ranch) Page 7 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 42
Menifee Mayor and City Council June 7, 2023 Page 492 of 1858 L = Number of Residential Units expected to exist in such Final Map at the time of calculation, as determined by the Administrator.

In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be determined by Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX PER ACRE
(FISCAL YEAR 2023‐2024)
Maximum Special Tax
Tax Zone per Acre
$35,565
$25,600
1 2
In the event any superseding Final Map is recorded as a Final Map within the boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be on the rate per Acre shown in the table above. The Backup Special Tax shall not apply to Multifamily Residential Property or Non‐Residential Property.

On each July 1, commencing July 1, 2024, the Backup Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

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

The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non‐Residential Property shall be $35,565 per Acre for Tax Zone 1 and $25,600 per Acre for Tax Zone 2.

On each July 1, commencing July 1, 2024, the Maximum Special Tax rate for Approved Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

3. Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property pursuant to the provisions of Section F
The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property shall be equal to the product of $35,565 per Acre for Tax Zone 1 and $25,600 per Acre for Tax Zone 2, in each case multiplied by the Acreage of such Assessor’s Parcel.

On each July 1, commencing July 1, 2024, the Maximum Special Tax rate for Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

City of Menifee
Community Facilities District No. 2023‐1 (Rockport Ranch) Page 8 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 43
Menifee Mayor and City Council June 7, 2023 Page 493 of 1858 E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2023‐2024 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:

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

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

Step Three:

Step Four:

Step Five:

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

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

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

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

F. EXEMPTIONS
The City shall classify as Exempt Property, in the following order of priority, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City City of Menifee
Community Facilities District No. 2023‐1 (Rockport Ranch) Page 9 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 44
Menifee Mayor and City Council June 7, 2023 Page 494 of 1858 Council, provided that no such classification would reduce the total Acreage of all Taxable Property to less than the amounts shown in Table 4 below.

TABLE 4

MINIMUM TAXABLE ACRES
Tax Zone Acres

7.26 28.52
1 2
Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the total Acreage of all Taxable Property to less than the Acres shown in Table 4 per Tax Zone. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than the Acres shown in Table 4 per Tax Zone will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.

G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:
“CFD Public Facilities” means $19,500,000 expressed in 2023 dollars, which shall increase by the Construction Inflation Index on July 1, 2024, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2023‐1, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more CFD No. 2023‐1 Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment.
“Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible to be financed by CFD No. 2023‐1.
“Construction Inflation Index” means the annual percentage change in the Engineering News‐Record Building Cost Index for the City of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News‐ Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus (i) public facility costs previously funded from the Construction Fund, (ii) public facility costs available to be funded through existing construction or escrow accounts funded by the Outstanding Bonds, and minus (iii) public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. “Outstanding Bonds” means all previously issued CFD No. 2023‐1 Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding CFD No. 2023‐1 Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.

City of Menifee
Community Facilities District No. 2023‐1 (Rockport Ranch) Page 10 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 45
Menifee Mayor and City Council June 7, 2023 Page 495 of 1858

1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued and (iv) Assessor’s Parcels of Public Property or Property Owner’s Association Property, or Provisional Undeveloped Property that are not Exempt Property pursuant to Section F. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt ofsuch notice, the CFD Administratorshall notify such owner of the amount of the non‐refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non‐refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Outstanding Bondsto be redeemed with the proceeds ofsuch prepaid Special Taxes.

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

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

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

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

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

City of Menifee
Community Facilities District No. 2023‐1 (Rockport Ranch) Page 11 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 46
Menifee Mayor and City Council June 7, 2023 Page 496 of 1858

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

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

6. 7.

Determine the Future Facilities Costs.

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

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

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

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

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

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

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

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

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities City of Menifee
Community Facilities District No. 2023‐1 (Rockport Ranch) Page 12 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 47
Menifee Mayor and City Council June 7, 2023 Page 497 of 1858 Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by CFD No. 2023‐1.

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

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

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

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

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

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

PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non‐refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non‐refundable deposit, the City of Menifee
Community Facilities District No. 2023‐1 (Rockport Ranch) Page 13 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 48
Menifee Mayor and City Council June 7, 2023 Page 498 of 1858 CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.

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

H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any CFD No. 2023‐1 Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2065‐2066 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2023‐1 Bonds have been paid; (ii) all authorized facilities of CFD No. 2023‐1 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Taxes remain uncollected and (iv) all other obligations of CFD No. 2023‐1 have been satisfied.

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. 2023‐1 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

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

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

City of Menifee
Community Facilities District No. 2023‐1 (Rockport Ranch) Page 14 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 49
Menifee Mayor and City Council June 7, 2023 Page 499 of 1858

APPENDIX B
Boundary Map
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 50
Menifee Mayor and City Council June 7, 2023 Page 500 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 51
Menifee Mayor and City Council June 7, 2023 Page 501 of 1858

APPENDIX C
Resolution of Intention
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 52
Menifee Mayor and City Council June 7, 2023 Page 502 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 53
Menifee Mayor and City Council June 7, 2023 Page 503 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 54
Menifee Mayor and City Council June 7, 2023 Page 504 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 55
Menifee Mayor and City Council June 7, 2023 Page 505 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 56
Menifee Mayor and City Council June 7, 2023 Page 506 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 57
Menifee Mayor and City Council June 7, 2023 Page 507 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 58
Menifee Mayor and City Council June 7, 2023 Page 508 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 59
Menifee Mayor and City Council June 7, 2023 Page 509 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 60
Menifee Mayor and City Council June 7, 2023 Page 510 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 61
Menifee Mayor and City Council June 7, 2023 Page 511 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 62
Menifee Mayor and City Council June 7, 2023 Page 512 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 63
Menifee Mayor and City Council June 7, 2023 Page 513 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 64
Menifee Mayor and City Council June 7, 2023 Page 514 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 65
Menifee Mayor and City Council June 7, 2023 Page 515 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 66
Menifee Mayor and City Council June 7, 2023 Page 516 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 67
Menifee Mayor and City Council June 7, 2023 Page 517 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 68
Menifee Mayor and City Council June 7, 2023 Page 518 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 69
Menifee Mayor and City Council June 7, 2023 Page 519 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 70
Menifee Mayor and City Council June 7, 2023 Page 520 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 71
Menifee Mayor and City Council June 7, 2023 Page 521 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 72
Menifee Mayor and City Council June 7, 2023 Page 522 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 73
Menifee Mayor and City Council June 7, 2023 Page 523 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 74
Menifee Mayor and City Council June 7, 2023 Page 524 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 75
Menifee Mayor and City Council June 7, 2023 Page 525 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 76
Menifee Mayor and City Council June 7, 2023 Page 526 of 1858 Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 77
Menifee Mayor and City Council June 7, 2023 Page 527 of 1858 Stradling Yocca Carlson & Rauth
Draft dated 5/16/23
4879-5200-2131v6/200299-0015
COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH)

OF THE CITY OF MENIFEE

ACQUISITION, CONSTRUCTION AND FUNDING AGREEMENT
THIS ACQUISITION, CONSTRUCTION AND FUNDING AGREEMENT (the “Agreement”) is made and entered into by and between CITY OF MENIFEE (the “City”), acting for and on behalf of itself and COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH) OF THE CITY OF MENIFEE (the “Community Facilities District” or “CFD”) and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (the “Developer”), each individually a “Party” and collectively the “Parties.” WHEREAS, AG EHC II (LEN) CA 1, L.P., a Delaware limited partnership (the “AG Land Bank”), as the landowner within the CFD, has requested that the City consider the formation of the CFD pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), and undertake proceedings for the authorization of special taxes and issuance of bonded indebtedness for the payment of the construction and/or acquisition of certain improvements to be owned, operated or maintained by the City, Eastern Municipal Water District (the “Water District”) and Menifee Union School District (the “Menifee Union School District”), as well as overhead utility undergrounding improvements required by the City as a condition of development (the “Utility Undergrounding”), and incidental expenses in accordance with the Act; and WHEREAS, Lennar Homes of California, Inc. (the predecessor to the Developer) entered into an Option Agreement (Rockport Ranch, California) dated December 28, 2021 with the AG Land Bank (the “Option Agreement”). The Developer is the successor-in-interest by converstion to Lennar Homes of California, Inc. and is, by virtue of that conversion, a party to the Option Agreement. Under the Option Agreement, the Developer has the option to acquire various lots of the Property (as defined below) according to a takedown schedule. As of the date hereof, the Developer has acquired 74 of the 305 lots comprising the Property; and
WHEREAS, in order to proceed in a timely way with development of the property within the CFD which is described in the attached Exhibit “A” (the “Property”), Developer desires to fund through the Community Facilities District (i) the City’s acquisition or construction of certain improvements that are to be owned, operated and maintained by the City or are otherwise required to be constructed by the City (i.e., the Utility Undergrounding) (“City Improvements”), as more particularly set forth and described in the Description of Cost Estimates attached hereto as Exhibit “B,” (ii) improvements included in the City’s fee programs (the “City Fee Facility Improvements”), as more particularly set forth and described in Exhibit “B,” and (iii) the improvements of the Water District and the Menifee Union School District described in Exhibit “C” hereto (the “Miscellaneous Improvements” and together with the City Improvements and the City Fee Facilities Improvements, collectively the “Improvements”); and WHEREAS, the City is authorized by the Act to form the CFD and to issue bonds secured by Special Taxes (as defined in Section 2.2) of the CFD (the “Bonds”) to fund the Improvements; and WHEREAS, the City Council has adopted the City’s policies and procedures concerning the use of special district financing programs to finance the Improvements (the “Policy”); and Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 78
Menifee Mayor and City Council June 7, 2023 Page 528 of 1858 2 4879-5200-2131v6/200299-0015
WHEREAS, the purpose of this Agreement is to constitute a formal understanding between Developer and the City (pursuant to the requirements of Government Code Section 53313.51 and other provisions of the Act and the Policy) concerning financial and other obligations and responsibilities related to the formation of the Community Facilities District and the Improvements to be financed by the Community Facilities District, when and if formed, to the extent funds are available, and to set forth the conditions upon which (1) the Community Facilities District will reimburse Developer or its designee for the cost of the City Improvements constructed by or on behalf of the Developer and (2) the Community Facilities District will fund the City Fee Facility Improvements thereby satisfying corresponding City fees; and (3) the Community Facilities District will also fund the Miscellaneous Improvements described in Exhibit “C.”
NOW, THEREFORE, it is mutually agreed between the respective Parties as follows:

1. Feasibility Study. The City has retained, at the Developer’s expense, the necessary consultants to analyze the proposed formation of the CFD, including an engineer, special tax consultant, financial advisor, bond counsel, market absorption consultant, appraiser and other consultants deemed necessary by the City. The Developer has advanced to the City a sum of money for such costs, all or a part of which may be eligible for reimbursement from the CFD in accordance with the Reimbursement Agreement dated as of May 1, 2023 (the “Reimbursement Agreement”) between the Developer and the City.

2. Sale of Bonds.

2.1 City Policies. The City Council has adopted the Policy, setting forth the City’s policies and procedures concerning the use of special district financing programs to finance the Improvements. Pursuant to the Policy, the total annual amount of the special taxes to be collected with respect to a parcel within the CFD and all other taxes and assessments which will be collected with respect to such parcel from the secured tax roll must not exceed two percent (2%) of the Fair Market Value (as defined in the Policy) of such parcel at the time of CFD formation.

The Parties hereby agree that, unless waived by the City, at the time of issuance of the Bonds, the ratio of the value of all parcels of property for which the Bonds are being issued to the amount of outstanding community facilities district or assessment district bonds attributable to such parcels (the “Value-to-Lien Ratio”) may not be less than four-to-one (4:1). Unless waived by the City, the Fair Market Value of the property within the Community Facilities District for purposes of determining the foregoing ratio will be determined based on the appraised value of the property based on the appraisal made by an appraiser selected by the City with a valuation date within three (3) months of the issuance of the Bonds, or, with respect to developed projects (as determined in the sole discretion of the City) or issuance of refunding bonds, the assessed value of the property, or some combination thereof.

Subject to satisfaction of the Policy and the requirements of this Agreement, the City shall use reasonable efforts to issue and sell the Bonds in one or more series in an amount sufficient to fund the Improvements in accordance with the schedule for development of the Property. The ultimate decision as to issuance and sizing lies in the sole legislative discretion of the City.

2.2 Security for Payment of Special Taxes.
(a) Concurrently with the issuance and sale of each series of the Bonds, the owner of any land within the Community Facilities District (or for land owned by the AG Land Bank during the term of the Option Agreement, the Developer) which the City has determined, in its sole discretion, Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 79
Menifee Mayor and City Council June 7, 2023 Page 529 of 1858 3 4879-5200-2131v6/200299-0015
to use in the sizing of such series of Bonds (the “Sizing Property”), together with any Sizing Property owned by any affiliate (collectively, an “Account Party”), for which the Maximum Special Taxes for the then-current fiscal year (as defined in the Rate and Method of Apportionment of Special Tax for the Community Facilities District (the “Rate and Method”) and such Special Tax referred to herein as the “Special Tax” or “Special Taxes”), are equal to or exceed 20% of the aggregate Maximum Special Taxes authorized to be levied on the Sizing Property in such fiscal year, shall deliver, or cause to be delivered, to the City either (i) a renewable irrevocable instrument of credit from a financial institution (rated “A” or better) and approved by the City, or (ii) cash in-lieu thereof (a “Security”). The Security shall be in an amount equal to 200% of the product of the maximum annual debt service on the Bonds proposed to be issued times a fraction the numerator of which is the aggregate Maximum Special Taxes on the Sizing Property in the then current fiscal year applicable to the land owned by the Account Party (or owned by the AG Land Bank during the term of the Option Agreement if the Account Party is the Developer) and the denominator of which is the total Maximum Special Taxes applicable to all of the Sizing Property in such fiscal year (the “Stated Amount”). The Security shall be maintained by the Account Party in each fiscal year until terminated in accordance with Section 2.2(c) below. While the Security is still required, the Stated Amount of such Security shall be reduced as set forth in a Certificate of Reduction or Termination (as defined in Section 2.2(c) below).

The Security shall name the Fiscal Agent as a beneficiary and shall provide that the Fiscal Agent may draw an amount equal to any delinquencies in payment of semiannual installments of the Special Taxes levied on property owned by the Account Party (or owned by the AG Land Bank during the term of the Option Agreement if the Account Party is the Developer) in the Community Facilities District. The total amount to be drawn under the Security shall not exceed an amount equal to the Special Taxes owed by the Account Party with respect to property within the Community Facilities District that is delinquent at the time the draw is made. The amount drawn on the Security shall be applied in the same manner and for the same purposes as the delinquent Special Taxes would have been applied; provided, however the payment of a draw under the Security will not be deemed to cure the delinquency in payment of the Special Taxes.

If, subsequent to a draw on the Security and prior to the satisfaction of any reimbursements due to the institution providing the Security (the “Security Provider”) pursuant to this Agreement, the City receives payment of all or a portion of the delinquent Special Taxes or the proceeds of a sale of delinquent real property pursuant to foreclosure proceedings (“Delinquency Proceeds”) for a parcel for which the Security has been drawn, the Security Provider (or its designee, which may be the Developer) shall be reimbursed for such draws to the extent of Delinquency Proceeds net of the City’s costs of collection. The Security Provider is intended by the Parties to be a third party beneficiary of this Section 2.2.
(b) The Security shall be renewed, or a substitute Security reasonably satisfactory to the City (a “Substitute Security”) provided, not less than thirty (30) calendar days prior to the expiration of the Security or Substitute Security then in effect. If the Account Party provides a Substitute Security to the City, then the Fiscal Agent shall return any existing Security on the effective date of the Substitute Security to the Security Provider.

If the Security is not renewed within thirty (30) days prior to its expiration date and the requirements for release or termination of the Security as set forth in Section 2.2(c) below have not then been met, the full amount of the Security may be drawn by the Fiscal Agent and deposited in an account established under the Indenture (as hereinafter defined) or in such account established with a financial institution selected by the City. Thereafter, amounts in such account shall be held as security, Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 80
Menifee Mayor and City Council June 7, 2023 Page 530 of 1858 4 4879-5200-2131v6/200299-0015
and if Special Taxes owed by the Account Party with respect to property within the Community Facilities District are not paid prior to delinquency, then such amounts in such account may be applied by the City to pay the delinquent Special Taxes owed by the Account Party with respect to such property on the same terms and conditions applicable hereunder to draws on the Security.

At such time as the Security is renewed, or a Substitute Security is accepted by the Fiscal Agent, or the requirement for the Security has been terminated pursuant to this section, the City or its designee, shall release all amounts in the Security account to the Security Provider (or its designee, which may be the Developer) within ten (10) calendar days from the date of renewal or acceptance. (c) Following the sale or transfer by the Account Party of any property to a person other than the Account Party, or upon the prepayment of the Special Tax obligation for a parcel owned by the Account Party (or owned by the AG Land Bank during the term of the Option Agreement if the Account Party is the Developer), the Account Party shall notify the Community Facilities District of such event, in writing, and, if requested by the Account Party, the Stated Amount of the Security shall be reduced and be recalculated in accordance with this Section 2.2; provided, however, that any costs associated with the recalculation and reduction shall be borne by the Account Party. Subject to Section 2.2(d) below, the Stated Amount may be reduced to an amount equal to 200% of the product of the maximum annual debt service on the outstanding Bonds times a fraction the numerator of which is the aggregate Maximum Special Taxes applicable to the Sizing Property owned by, or under option to, the Account Party and the denominator of which is the total Maximum Special Taxes to all of the Sizing Property as of the date of calculation. The Security shall be terminated when the Account Party has paid (or cause to be paid) all Special Taxes in the current fiscal year and the Sizing Property owned by, or under option to, the Account Party is expected to be responsible for less than 20% of the Maximum Special Taxes in the next fiscal year.

Reduction or termination of a Security shall occur automatically upon submission to the Security Provider by the Fiscal Agent of a “Certificate of Reduction or Termination” upon valuation of the Certificate of Reduction or Termination by the City. The City shall direct that the Fiscal Agent deliver to the Security Provider such Certificate of Reduction or Termination promptly upon receiving from the Account Party a certification which shall be made under penalty of perjury and which shall indicate (i) the legal description of all Sizing Property owned by, or under option to, the Account Party, and either (ii) a recalculation of the new Stated Amount that the Account Party proposes be applicable to the Security or (iii) if termination of the Security is requested, a statement that one of the requirements set forth in the preceding paragraph for termination of the Security has been satisfied.

The Account Party shall notify the City of any events that will result in a reduction of the Stated Amount of the Security and shall provide the City with verification of said events. The Account Party may provide the Fiscal Agent with a Substitute Security in the reduced amount, and the Fiscal Agent shall release and return to the Security Provider the Security then in effect. The Parties expressly acknowledge that the Account Party’s failure to so notify the City or to reduce the Security at the times prescribed herein shall in no way effect or invalidate sale or transfer of property, or recordation of maps on property.
(d) If the Sizing Property is sold or transferred by an Account Party with the result that the Sizing Property owned by the transferee or any of its affiliates (“Transferee”) is responsible for 20% or more of the aggregate Maximum Special Taxes of all Sizing Property, a Security on the same terms specified in Section 2.2(a) above will be furnished by Transferee with respect to all land owned by such Transferee with respect to the Sizing Property. Any applicable purchase and sale Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 81
Menifee Mayor and City Council June 7, 2023 Page 531 of 1858 5 4879-5200-2131v6/200299-0015
agreement and/or escrow instructions shall notify the Transferee of this Security requirement and obligate the Transferee to provide such Security, if applicable. The Security of the Account Party will not be reduced to reflect the sale or transfer of such Sizing Property until a Security is furnished by the Transferee and accepted by the Fiscal Agent. The issuing financial institution and the form and terms of said Security will be subject to reasonable prior approval by the City. All terms provided in this Section 2.2 are applicable to the Transferee by replacing the term “Account Party” at each place where it occurs in each section with the term “Transferee.” Each provider of a Security for a Transferee shall be an express third party beneficiary of the provisions of this Section 2.2. Notwithstanding the foregoing, the Developer shall not be considered a Transferee upon the sale of property to the Developer pursuant to the Option Agreement if the Developer is the Account Party for the property owned by the AG Land Bank.

Any costs related to the holding or maintaining the Security, including any fees of a fiscal agent, trustee or other depository shall be borne by the Account Party.

2.3 Major Landowner Initial and Continuing Disclosure. An owner of land which is responsible for twenty percent (20%) or more of the Maximum Special Taxes applicable to the Sizing Property in the fiscal year in which the Bonds are issued or in the fiscal year following the fiscal year in which the Bonds are issued (a “Major Landowner”) will be required to provide, or cause to be provided, all information regarding the development of its property, including the financing plan for such development, which is necessary to ensure that the official statement for such Bonds complies with the requirements of Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) and all other applicable federal and state securities laws. Additionally, Developer acknowledges that, if it is a Major Landowner at the time of issuance of the Bonds, it will be necessary that Developer enter into a continuing disclosure agreement to provide such continuing disclosure pertaining to the development of the land owned by, or under option to, Developer within the CFD to assist in the marketing of the Bonds. During the term of the Option Agreement, the Developer may enter into a continuing disclosure agreement to provide information on the property owned by, or under option to, the Developer, and, in such case, the AG Land Bank will not be required to enter into any continuing disclosure agreement pursuant to this Section 2.3.

2.4 Bond Issuance Parameters. The terms and conditions upon which each series of the Bonds shall be issued and sold, the method of sale of the Bonds and the pricing of the Bonds shall be determined solely by the City in its legislative discretion in conformance with the Act, the Policy, and this Agreement. Each series of Bonds shall be issued with a term not to exceed 35 years from the date of issuance of the Bonds. The proceeds of the Bonds shall be used in the following priority to (1) fund a reserve fund for the payment of principal and interest with respect to the Bonds in an amount equal to the least of (i) ten percent (10%) of the total bond issue, (ii) maximum annual debt service on Bonds, or (iii) 125% of average annual debt service; (2) fund capitalized interest through the interest payment date on the Bonds for which Special Taxes are not available for payment of debt service on the Bonds or such longer period as requested by the Developer and approved by the City, subject to the Act; (3) reimburse the Developer or its designee pursuant to Section 1 hereof for CFD formation costs advanced by the Developer pursuant to the Reimbursement Agreement which have not already been reimbursed to the Developer from collected Special Tax; (4) pay for costs of issuance of the Bonds including, without limitation, underwriter’s discount, bond counsel and disclosure counsel fees, appraisal and special tax consultant fees, printing, fiscal agent fees, and reasonable Developer legal and financial consultant costs; (5) pay for the costs of forming the Community Facilities District; and (6) pay for the actual costs of the Improvements. The Community Facilities District shall maintain records relating to the disbursements of proceeds of the sale of the Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 82
Menifee Mayor and City Council June 7, 2023 Page 532 of 1858 6 4879-5200-2131v6/200299-0015
Bonds. The Indenture or Resolution or Fiscal Agent Agreement (hereinafter “Indenture”) for the Bonds shall establish an acquisition and construction fund or improvement fund (herein, the “Improvement Fund”) to be held by the fiscal agent (“Fiscal Agent”) into which shall be deposited initially the proceeds of the Bonds net of the amount of proceeds required to fund items (1) through (5) in the second preceding sentence. The Indenture shall also establish separate accounts of the Improvement Fund designated the “City Improvements Account,” “City Fee Facility Improvements Account,” and any Miscellaneous Improvement Account(s) for the Miscellaneous Improvements described in Exhibit “C,” into which shall be deposited such portions of the Improvement Fund as agreed by the Parties and directed by the City in writing at or subsequent to the closing of the sale of the Bonds consistent with the following:
(a) An amount to be agreed upon between Developer and the CFD sufficient to fund the reasonable, current estimated cost of the City Fee Facility Improvements anticipated to be funded out of the Bonds being issued shall be deposited in the City Fee Facility Improvements Account (any Special Taxes levied in the CFD and collected by the CFD remaining after the payment of administrative expenses of the CFD and the reimbursement of the Developer for CFD formation costs pursuant to Section 1 hereof shall be deposited into the City Fee Facility Improvements Account at the time of Bond issuance, unless otherwise directed in writing by the Developer); (b) If applicable, an amount to be agreed upon between Developer and the CFD prior to the issuance of Bonds sufficient to fund the reasonable, current estimated costs of the City Improvements (including the Utility Undergrounding) shall be deposited, or later transferred, to the City Improvements Account; and
(c) If applicable, an amount to be agreed upon between Developer and the CFD prior to the issuance of Bonds sufficient to fund the reasonable, current estimated cost of the Miscellaneous Improvements described in Exhibit “C” hereto, anticipated to be funded out of the Bonds being issued shall be deposited, or later transferred, to the applicable Miscellaneous Improvement Account(s).

Interest earned on moneys deposited in each of the City Fee Facility Improvements Account, the City Improvements Account and the Miscellaneous Improvement Account(s) shall remain in such accounts until such time as all of the Improvements have been funded. Additionally, the Developer may direct the CFD to transfer excess moneys in any of the City Fee Facility Improvements Account, the City Improvements Account or the Miscellaneous Improvement Account(s) to another Account.

The Indenture shall provide that amounts remaining in the Improvement Fund after funding all proposed Improvements (such completion of funding to be agreed by the City and the Developer) shall be deposited in the special tax fund or bond service fund and be applied to pay debt service on the Bonds and/or to call Bonds in advance of maturity.

3. Allocation of Special Taxes. Prior to the issuance of the last series of Bonds, the City Council of the City, acting as the legislative body of the Community Facilities District, shall levy Special Taxes on all parcels classified as Developed Property pursuant to the Rate and Method. Prior to the issuance of the first series of Bonds, such Special Taxes collected by the City shall first be applied to fund annual administrative expenses of the Community Facilities District and then to fund Improvements in the same manner as the proceeds of Bonds as set forth herein. Upon sale and delivery of the Bonds, such Special Taxes collected by the City shall be applied as provided for in documents pursuant to which the Bonds were issued. Following the issuance of the last series of Bonds, the City Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 83
Menifee Mayor and City Council June 7, 2023 Page 533 of 1858 7 4879-5200-2131v6/200299-0015
shall have no obligation to levy Special Taxes on Developed Property to reimburse the Developer for the costs of any Improvements not paid for from Bond proceeds.

4. Notice of Special Tax. Developer shall provide written notice to all potential initial purchasers of lots from the Developer advising of the special tax obligation applicable to the Property in the form required by Section 53341.5 of the Government Code.

5. Design Plans and Specifications. The requirements of this Section shall not apply to any City Improvement that was complete (as determined by the City Council) prior to the adoption by the City Council of the resolution forming the CFD, but they shall apply to all other City Improvements.

All plans, specifications and bid documents for the City Improvements (“Plans”) constructed or to be constructed by the Developer shall be prepared by the Developer at the Developer’s initial expense, subject to approval by the applicable public agency. Costs for preparation of the Plans will be eligible for reimbursement, conditioned upon the final approval of the applicable public agency and the availability of funds. Reimbursement of costs for plan revisions will be considered on a case by case basis. All facilities which were not complete prior to the formation of the District, as determined by the City, shall be bid in accordance with “public works” requirements of Section 7 to be eligible for reimbursement.

6. Construction of Improvements. The requirements of this Section shall not apply to any City Improvement that was complete (as determined by the City Council) prior to the adoption by the City Council of the resolution forming the CFD, but they shall apply to all other City Improvements.

6.1 Acquisition of City Improvements. Upon the approval of Plans for a City Improvement, the Developer will provide for construction of such City Improvement in accordance with Sections 6.2 and 7 of this Agreement. Sections 6.2 and 7 specify the requirements for construction of the City Improvements that the City believes are necessary to ensure that such City Improvements are constructed as if they had been constructed under the direction and supervision, or under the authority of the City.

6.2 Acquisition. With respect to City Improvements, a qualified engineering firm (the “Field Engineer”) shall be employed by the Developer to provide all field engineering surveys determined to be necessary by the City’s inspection personnel. Field Engineer shall promptly furnish to City a complete set of grade sheets listing all locations, offsets, etc., in accordance with good engineering practices, and attendant data and reports resulting from Field Engineer’s engineering surveys and/or proposed facility design changes. City shall have the right, but not the obligation, to review, evaluate and analyze whether such results comply with applicable specifications.

As necessary as determined by City, a full-time soil-testing firm, approved by City, shall be employed by the Developer to conduct soil compaction testing and certification. The Developer shall promptly furnish results of all such compaction testing to the City for its review, evaluation and decision as to compliance with applicable specifications. In the event the compaction is not in compliance with applicable specifications, the Developer shall be fully liable and responsible for the costs of achieving compliance. A final report certifying all required compaction in accordance with the specifications shall be a condition of final approval of facilities.

The costs of all surveying, testing and reports associated with the City Improvements furnished and constructed by the Developer’s contractor(s) shall be eligible to be paid from funds in the City Improvements Account.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 84
Menifee Mayor and City Council June 7, 2023 Page 534 of 1858 8 4879-5200-2131v6/200299-0015
The City shall not be responsible for conducting any environmental, archaeological, biological, or cultural studies or any mitigation requirements that may be requested by appropriate Federal, State, and/or local agencies. Any such work shall be paid for and conducted by the Developer and reimbursed out of the City Improvements Account.

Should the Developer notify the City in writing that the Developer is unable to complete such City Improvement, the City shall have the right but not the obligation to require the Developer to make an irrevocable offer of dedication to the City of the land owned by the Developer for the City Improvement identified in the notice and to assume responsibility for the work to be performed thereunder. In the event the City elects to assume the responsibility for any work on a previously awarded contract as described in the preceding sentence, the following will occur: (i) the Developer will make an irrevocable offer of dedication to the City of the land owned by the Developer for such City Improvement identified in the notice; (ii) to the extent permitted by law and the applicable contract, the Developer will assign all of the contracts for the work performed to date on the City Improvement identified in the notice to the City, if requested to do so by the City Manager; the City will use its best efforts to complete the City Improvement within a reasonable time frame; and upon completion of the City Improvement, to the extent there are Special Taxes or proceeds of the Bonds available following payment to the City for the costs of completing such City Improvement, the Developer will be reimbursed for the lesser of the cost or value of the previously unreimbursed satisfactory work performed or paid for by the Developer. The cost of such work will be determined by taking the unreimbursed amounts expended by the Developer under the contract(s) taken over by the City and deducting any incremental cost incurred by the City to complete the work under the contracts in question. Incremental cost shall be costs in excess of the sum of the original contract cost plus change orders approved by the City.

7. Public Works Requirements.

City Requirements. The requirements of this Section shall not apply to any City Improvement that was complete (as determined by the City Council) prior to the adoption by the City Council of the resolution forming the CFD, but they shall apply to all other City Improvements. In order that the City Improvements may be properly and readily acquired by the City, the Developer shall comply with all of the requirements in this Section 7.1 with respect to any such City Improvements to be acquired with funds in the City Improvements Account and the Developer shall provide such proof to the City as the City may reasonably require and at such intervals and in such form as the City may reasonably require, that the requirements under this Section 7.1 have been satisfied as to all such City Improvements.

Notwithstanding the foregoing, City Improvements shall only be eligible for financing by the CFD if the City determines that the conditions under Section 53313.5 have been satisfied with respect to such City Improvements. City approval is a condition prior to initiation of contract work for City Improvements bid after the effective date of this Agreement. (a) The Developer shall prepare a bid package for review, comment and approval by the City Manager or his designee (the “City Representative”) for any City Improvements bid after the effective date of this Agreement.
(b) For any City Improvements bid after the effective date of this Agreement, the Developer shall, after obtaining sealed bids for the construction of the City Improvements in conformance with the procedures and requirements of the City, submit to the City written evidence of such competitive bidding procedure, including evidence of the means by which bids were solicited, a listing of all responsive bids and their amounts, and the name or names of the contractor or contractors Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 85
Menifee Mayor and City Council June 7, 2023 Page 535 of 1858 9 4879-5200-2131v6/200299-0015
to whom the Developer proposes to award the contracts for such construction, which shall be the lowest responsible bidder.
(c) For any City Improvements bid after the effective date of this Agreement, the following provisions apply: the City Representative shall attend the bid opening for such City Improvements. If unable to attend the bid opening, the City Representative shall approve or disapprove of a contractor or contractors, in writing, within five (5) business days after receipt from the Developer of the name or names of such contractor or contractors recommended by the Developer. If the City Representative disapproves of any such contractor, the Developer shall select the next lowest responsible bidder from the competitive bids received who is acceptable to the City Representative. (d) The specifications and bid and contract documents shall require all such contractors to pay prevailing wages and to otherwise comply with applicable provisions of the Labor Code, the Government Code and the Public Contract Code relating to public works projects constructed by private parties and as required by the procedures and standards of the City with respect to the construction of its public works projects.
(e) The Developer shall submit faithful performance and payment bonds in form and substance reasonably acceptable to the City with respect to the City Improvements. (f) The Developer and its contractor and subcontractors shall be required to provide proof of insurance coverage throughout the term of the construction of the City Improvements, which they will construct in conformance with the City’s standard procedures and requirements. The City’s insurance requirements are set out in Section 20 herein. (g) The Developer and all such contractors shall comply with such other requirements relating to the construction of the City Improvements which the City may impose by written notification delivered to the Developer and each such contractor at the time either prior to the receipt of bids by the Developer for the construction of such City Improvements or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof; provided that such other requirements shall only be imposed to the extent the City reasonably determines they are required in order to comply with applicable law. In accordance with Section 7, the Developer shall be deemed the awarding body and shall be solely responsible for compliance and enforcement of the provisions of the Labor Code, Government Code, and Public Contract Code. (h) A “Change Order” is an order from the Developer to a contractor authorizing a change in the work to be performed and a “Significant Change Order” is an order from the Developer to a contractor authorizing a change in the work to be performed where such Change Order is larger than 10% of the contract amount for such City Improvement. After the effective date of this Agreement, the Developer shall receive comments from the City Representative prior to the Developer’s approval of any Significant Change Order. The City Representative shall comment on or deny the Significant Change Order request within fifteen (15) business days of receipt of all necessary information. The City’s comments to a Significant Change Order shall not be unreasonably delayed, conditioned or withheld. The Developer shall not be entitled to be compensated for costs associated with a Significant Change Order that has not been approved by the City Representative.

Developer shall provide proof to the City, at such intervals and in such form as the City may reasonably require, that the foregoing requirements have been satisfied as to all of the City Improvements which are funded through Bond proceeds or Special Taxes.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 86
Menifee Mayor and City Council June 7, 2023 Page 536 of 1858 10 4879-5200-2131v6/200299-0015

8. Inspection; Completion of Construction. The requirements of this Section shall not apply to any City Improvement that was complete (as determined by the City Council) prior to the adoption by the City Council of the resolution forming the CFD, but they shall apply to all other City Improvements.

The City shall have primary responsibility for inspecting the City Improvements to assure that the work is being accomplished in accordance with the Plans. Such inspection does not include inspection for compliance with safety requirements by the Developer’s contractor(s). The City’s personnel shall be granted access to each construction site at all reasonable times for the purpose of accomplishing such inspection. Upon satisfaction of the City’s inspectors, the Developer shall notify the City in writing that a City Improvement has been completed in accordance with the Plans. Any actual costs reasonably incurred by the City for inspection not previously paid by the Developer shall be reimbursed from funds in the City Improvements Account.

Within three (3) business days of receipt of written notification from City inspectors that a City Improvement has been completed in accordance with the Plans, the City Representative shall notify the Developer in writing that such City Improvement has been satisfactorily completed. Upon receiving such notification, the Developer shall file a Notice of Completion with the County of Riverside Recorders Office, pursuant to the provisions of Section 3093 of the Civil Code. The Developer shall furnish to the City a duplicate copy of each such Notice of Completion showing thereon the date of filing with the County of Riverside (the “County”). City will in turn file a notice with the County for acceptance.

9. Liens. With respect to any City Improvement that was complete (as determined by the City Council) prior to the adoption by the City Council of the resolution forming the CFD, prior to any payment by the CFD to the Developer for such City Improvement, the Developer shall provide to the City such evidence or proof as the City shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment for the construction of the City Improvements have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation. With respect to City Improvements, upon the earlier of (i) receipt of all applicable lien releases, or (ii) expiration of the time for the recording of claim of liens as prescribed by Sections 3115 and 3116 of the Civil Code the Developer shall provide to the City such evidence or proof as the City shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment for the construction of the City Improvements have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation.

10. Acquisition; Acquisition Price; Source of Funds. The acquisition price of a City Improvement that was complete (as determined by the City Council) prior to the adoption by the City Council of the resolution forming the CFD shall be its fair market value, as determined by the City’s Assistant General Manager or his or her designee, as of the date of acquisition. The City shall consider input and data provided by the Developer prior to determining the final fair market value. The Actual Cost (as defined below) of the City Improvement shall be presumed to be its fair market value unless there is reasonable evidence that a lower amount is the fair market value.

The costs eligible to be included in the acquisition price of a City Improvement that is not described in the preceding paragraph shall be the actual costs incurred by the Developer for such City Improvement (the “Actual Costs”) which shall include, but not be limited to, all of the following:

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 87
Menifee Mayor and City Council June 7, 2023 Page 537 of 1858 11 4879-5200-2131v6/200299-0015
(i) The actual hard costs for the construction of such City Improvement as established by the City-approved construction contracts, Change Orders, and approved Significant Change Orders, including costs of payment, performance and maintenance bonds and insurance costs, pursuant to this Agreement;
(ii) The design and engineering costs of such City Improvement including, without limitation, the costs incurred in preparing the Plans; (iii) The costs of environmental evaluations and public agency permits and approvals attributable to the City Improvement;
(iv) Costs incurred by the Developer for construction management and supervision of such City Improvement, not to exceed five percent (5%) of the actual construction cost; (v) Professional costs associated with the City Improvement such as engineering, inspection, construction staking, materials, testing and similar professional services; and (vi) Costs approved by the City in accordance with the Act of acquiring any real property or interests therein required for the City Improvement including, without limitation, temporary construction easements, temporary by-pass road and maintenance easements.

Provided the Developer has complied with the requirements of this Agreement, the City agrees to pay the acquisition price of a completed City Improvement to the Developer or its designee within thirty (30) days after the Developer’s satisfaction of the preconditions to such payment stated herein, but only to the extent there are sufficient funds available in the City Improvements Account. Except in the case of a City Improvement described in the first paragraph of this Section, the acquisition price to be paid from Bond proceeds or Special Taxes for the acquisition of a City Improvement by the City shall be the least of (1) the value of the City Improvement; or (2) the total of the Actual Costs of the City Improvement (“Acquisition Price”). The Actual Cost of the City Improvement shall be presumed to be its Acquisition Price unless there is reasonable evidence that a lower amount is the actual value, subject, however, to the Developer’s right to appeal to the City Council. Any Acquisition Price that is not paid in full by the then-available Bond proceeds and Special Taxes shall be paid upon receipt by the City of additional available Bond proceeds and Special Taxes, if any.

As a condition to the payment of the Acquisition Price, the ownership of the completed City Improvement shall be transferred to the City by grant deed, bill of sale or such other documentation as such public agency may require free and clear of all taxes, liens, encumbrances, and assessments, but subject to any exceptions determined by the City to not interfere with the actual or intended use of the land or interest therein (including the lien of a community facilities district so long as the subject property is exempt from taxation or is otherwise not taxable by such community facilities district).

Upon the transfer of ownership of City Improvements or any portion thereof to the City, the City shall be responsible for the maintenance of such City Improvements or the portion transferred.

Notwithstanding the foregoing, the Acquisition Price of a City Improvement may be paid prior to transfer of ownership and acceptance of the City Improvement if it is substantially completed at the time of payment. The City Improvement shall be considered “substantially complete” when it has been reasonably determined by the City to be usable, subject to final completion of such items as the final lift or any other items not essential to the primary use or operation of the City Improvement.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 88
Menifee Mayor and City Council June 7, 2023 Page 538 of 1858 12 4879-5200-2131v6/200299-0015
Upon completion of the construction of a City Improvement, the Developer shall deliver or cause to be delivered to the City a Disbursement Request Form in substantially the form of Exhibit “D,” attached hereto, copies of the contract(s) with the contractor(s) who have constructed the City Improvement and other relevant documentation with regard to the payments made to such contractor(s) and each of them for the construction of the City Improvement, documentation evidencing payment of prevailing wages, and shall also provide to the City invoices and purchase orders with respect to all equipment, materials and labor purchased for the construction of the City Improvements. The City shall require the Engineer to complete its determination of the value of the City Improvements as promptly as is reasonably possible.

Notwithstanding the preceding provisions of this Section, the source of funds for the acquisition of the City Improvements or any portion thereof shall be funds in the City Improvements Account. If for any reason beyond the City’s control the Bonds are not sold, the City shall not be required to acquire the City Improvements from the Developer, except to the extent of funds from the collection of Special Taxes. In such event, the Developer shall design and construct those City Improvements that are required by the conditions of development for the Property, but need not construct any portion of the City Improvements which it is not so required to construct.

Reimbursement for these facilities would be made from the collection of Special Taxes over time.

In addition to the foregoing, the City shall have the right to withhold payment for acquisition of a City Improvement, if:
(a) the Developer or any of its affiliates is delinquent in the payment of any Special Taxes levied by the Community Facilities District on properties then owned by, or under option to, the Developer or any of its affiliates within the CFD, or
(b) the Developer is not then in substantial compliance with a condition or obligation imposed upon the Property owned by, or under option to, the Developer by the City, including but not limited to, payment of all applicable fees, dedication of all applicable rights-of-way or other property and construction requirements.

The City shall immediately provide written notice to the Developer of the decision to withhold any such payment and shall specify the reason for such decision. If the payment is withheld as a result of the delinquency in the payment of Special Taxes, the notice shall identify the delinquent parcels and the amount of such delinquency. If the payment is withheld as a result of substantial non-compliance with a condition or obligation, the notice shall specify such condition or obligation and what action will be necessary by the Developer to substantially comply with such condition or obligation. Upon receipt of evidence reasonably satisfactory to the City that the Developer has paid the delinquent Special Taxes or complied with the subject condition or obligation, the City shall forthwith make all payments which have been withheld pursuant to the provisions of this Section.

11. Easements and/or Fee Title Ownership Deeds. Without limiting the Developer’s rights to reimbursement for such grants pursuant to Section 10 above, the Developer shall, at the time the City acquires the City Improvements as provided in Section 10 hereof, grant or cause to be granted to the City, by appropriate instruments prescribed by the City, all easements across private property and/or fee title ownership deeds which may be reasonably necessary for the proper operation and maintenance of such City Improvements, or any part thereof, but only to the extent located within the Property.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 89
Menifee Mayor and City Council June 7, 2023 Page 539 of 1858 13 4879-5200-2131v6/200299-0015

12. Permits. The Developer shall be responsible for obtaining all necessary construction permits from the City and/or the County (as appropriate) covering construction and installation of the City Improvement.

13. Maintenance. Prior to the transfer of ownership of a City Improvement by the Developer to the City, as provided in Section 10 hereof, the Developer shall be responsible for the maintenance thereof and shall require its contractor(s) to repair all facilities damaged by any party other than the City, prior to acceptance by the City and/or make corrections determined to be necessary by the City’s inspection personnel. The City shall not be permitted to place any City Improvement in service prior to acceptance of the same, unless the Developer otherwise consents in writing.

14. Inspection of Records. The City shall have the right to review all books and records of the Developer pertaining to the costs and expenses incurred by the Developer for the design and construction of the City Improvements during normal business hours by making arrangements with the Developer. The Developer shall have the right to review all books and records of the City pertaining to costs and expenses incurred by the City for services of the Engineer by making arrangements with the City.

15. Ownership of Improvements. Notwithstanding the fact that some or all of the City Improvements may be constructed in dedicated street rights-of-way or on property which has been or will be dedicated to the City, each City Improvement shall be and remain the property of the Developer until acquired by the City as provided in this Agreement. The foregoing shall not apply to the Utility Undergrounding.

16. Materials and Workmanship Warranty. The requirements of this Section shall not apply to any City Improvement that was complete (as determined by the City Council) prior to the adoption by the City Council of the resolution forming the CFD, but they shall apply to all other City Improvements.

Upon the completion of the acquisition of a City Improvement by the City, the performance bond related to such individual City Improvement provided by the Developer pursuant to Section 7.1(e) hereof, shall be reduced by 90%, and the remaining 10% shall serve as a maintenance bond to guarantee that such City Improvement will be free from defects due to faulty workmanship or materials for a period of one year.

17. City Fee Facility Improvements. The Developer may be required pursuant to the conditions of development or the fee ordinance to pay certain City fees (the “City Fees”) relating to the City Fee Facility Improvements prior to the availability of proceeds of the Bonds to pay for such City Fee Facility Improvements. In the event such City Fees are paid prior to the availability of Bond proceeds or Special Taxes, the amounts paid to the City shall be deemed to be deposits (each a “Deposit”) that are subject to refund by the City to the Developer in accordance with this Agreement.

The City shall place each Deposit in a capital facilities account(s). If the Developer has made any Deposits to the City, then following deposit of Bond proceeds or Special Taxes in the City Fee Facility Improvements Account, the City shall return to the Developer, from the capital account in which the Deposits were deposited the Deposits not previously returned, without interest or other earnings thereon. The City shall be so obligated to return such Deposits only to the extent that an equivalent amount of the Deposits to be returned is deposited in the City Fee Facility Improvements Account from Bond proceeds or Special Tax collections.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 90
Menifee Mayor and City Council June 7, 2023 Page 540 of 1858 14 4879-5200-2131v6/200299-0015
Bond proceeds and Special Taxes used to finance City Fee Facility Improvements which relate to the City Fees shall be allocated first for return of all Deposits prior to being allocated to the payment of City Fees not previously deposited by the Developer. For any City Fees that are prepaid (i.e., no Deposits were previously made for such City Fees) by Bond proceeds or Special Taxes, the owner of the property for which the City Fees were prepaid shall be provided a credit against the payment of such City Fees when those City Fees would otherwise be due.

Any Deposits that have not been returned to the Developer at the time it is determined that there will be no further Special Taxes or Bond proceeds available (i.e. the final series of Bonds to finance the Improvements have been issued) shall be retained by the City and may be used for the purposes for which the City Fee was required, and the unrefunded Deposits shall constitute full and final payment for such City Fees, without any increase of any kind.

18. Miscellaneous Improvements. Improvements unrelated to the City Improvements and the City Fee Facility Improvements are described in Exhibit “C” attached hereto. The amounts deposited in the applicable Miscellaneous Improvement Account(s), if any, will be disbursed for the acquisition or construction of Miscellaneous Improvements in accordance with the provisions in the applicable Joint Community Facilities Agreement. Any amounts in the applicable Miscellaneous Improvement Account(s) shall be disbursed at the written direction of the City upon Developer’s submittal of a payment request which will be based upon applicable entity’s payment request form as provided for in the applicable Joint Community Facilities Agreement. Upon receipt of such payment request, the City shall submit a written requisition for payment of the requested amount to the Fiscal Agent for the Bonds, who shall directly pay the amount requested to the applicable entity.

19. Independent Contractor. In performing this Agreement, Developer is an independent contractor and not the agent of the City. The City shall not have any responsibility for payment to any contractor or supplier of Developer. It is not intended by the Parties that this Agreement create a partnership or joint venture among them and this Agreement shall not otherwise be construed.

20. Indemnification. Developer shall assume the defense of, indemnify and save harmless, the City, its officers, employees and agents, and the Community Facilities District, its officers, employees and agents (collectively, the “Indemnified Parties”), from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subject or put, by reason of, or resulting from such person’s or entity’s performance of its obligations under this Agreement and the construction of the City Improvements and the Miscellaneous Improvements, the failure of the Developer to provide notice of the Special Tax to be levied by the Community Facilities District pursuant to Section 53341.5 of the Act (but only if the Developer is required by law to provide such notice), or arising out of any alleged misstatements of fact or alleged omission of a material fact made by the Developer, its officers, directors, employees or agents to the City, the Community Facilities District, the underwriter of the Bonds and its counsel, the appraiser, the special tax consultant, the market absorption consultant or bond counsel regarding the Developer, its proposed developments, its property ownership, and any contractual arrangement it may enter into in a disclosure document describing the Community Facilities District and the risks relating to the Bonds. No provision of this Agreement shall in any way limit the extent of Developer’s responsibility for payment of damages resulting from the operations of Developer and its contractors; provided, however that Developer shall not be required to assume the defense or indemnify and save harmless any Indemnified Party as to actions, damages, claims, losses or expenses resulting from the breach of this Agreement, the negligence or willful misconduct of such Indemnified Party or their officers, agents, consultants or employees.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 91
Menifee Mayor and City Council June 7, 2023 Page 541 of 1858 15 4879-5200-2131v6/200299-0015

21. Insurance Requirements. For City Improvements bid after the effective date of this Agreement, neither the Developer nor its contractor shall commence work on such City Improvement under this Agreement prior to obtaining insurance with a company or companies acceptable to the City, nor shall the Developer’s contractor allow any subcontractor to commence work on its subcontract until all insurance required of the subcontractor has been obtained.

The Developer shall during the life of this Agreement, notify the City in writing of any incident giving rise to any potential bodily injury or property damage claim and any resultant settlements, whether in conjunction with this or any other project which may affect the limits of the required coverage, as soon as is reasonable and practical.

22. Conflict With Other Agreements. Except as specifically provided herein, nothing contained herein shall be construed as releasing Developer from any condition of development or requirement imposed by any other agreement with City. In the event of a conflicting provision, such other agreement shall prevail unless such conflicting provision is specifically waived or modified in writing by City.

23. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either Party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid. Any notice to the Community Facilities District or the City shall be addressed to City of Menifee, 29844 Haun Road, Menifee, CA 92530, Attention:

Assistant City Manager. Any notice to Developer shall be addressed to Lennar Homes of California, LLC, 980 Montecito Drive Suite 300, Corona, CA 92879, Attention: Geoffrey Smith.

Each Party may change its address for delivery of notice by delivering written notice of such change of address to the other Party hereto.

24. No Gift or Waiver.

24.1 No Gift or Waiver for City Improvements. The Developer and the City acknowledge that:
(a) The Developer or its predecessor may have constructed or may be constructing City Improvements before funds that will be used to acquire them are available with the expectation that the Developer will be reimbursed for such City Improvements to the extent and in the manner set forth in this Agreement.
(b) The City may inspect City Improvements and process Disbursement Request Forms even if funds from the proceeds of Bonds or Special Taxes available at the time of such inspection and processing do not exist or are not then sufficient to satisfy the Disbursement Request in full.
(c) The Developer may convey City Improvements to the City and the City may accept such City Improvements even if funds from the proceeds of Bonds or Special Taxes available at the time of such conveyance and acceptance do not exist or are not then sufficient to satisfy the Disbursement Request in full.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 92
Menifee Mayor and City Council June 7, 2023 Page 542 of 1858 16 4879-5200-2131v6/200299-0015
(d) If the City accepts City Improvements before a Disbursement Request is paid in full, the unpaid balance of the Disbursement Request will be paid from time to time, in any number of installments and irrespective of the length of time payment is deferred, as funds from the proceeds of Bonds or Special Taxes become available.
(e) The Developer’s conveyance or dedication of City Improvements to the City before the availability of funds from the proceeds of Bonds and Special Taxes to acquire the City Improvements is not and shall not be deemed, a gift or a waiver of the Developer’s right to payment of the purchase price of such City Improvements pursuant to this Agreement.

24.2 No Gift or Waiver for City Fees. The Developer and the City acknowledge that:
(a) Prior to the availability of funds from the proceeds of Bonds or Special Taxes, the Developer or its predecessor may have been or may be required to deposit funds to assure payment of applicable City Fees of the City.
(b) The Developer or its predecessor has deposited or will be depositing such funds with the expectation that the Developer will be reimbursed for these Deposits to the extent and in the manner set forth in this Agreement.
(c) The reimbursement of such Deposits pursuant to Section 16 of this Agreement may occur from time to time, in any number of installments and irrespective of the length of time payment is deferred, as funds become available.
(d) The Developer’s deposit of such funds to the City before the availability of funds to reimburse the Developer is not, and shall not be deemed, a gift or a waiver of the Developer’s right to reimbursement of such Deposits pursuant to this Agreement.

25. General Provisions.
(a) Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the City and the Developer and their respective heirs, executors, legal representatives, successors, and authorized assigns.
(b) Amendment. This Agreement may be amended at any time but only in writing signed by each Party hereto.
(c) Entire Agreement. This Agreement, and the agreements referenced herein, contains the entire understanding and agreement between the Parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the Parties with respect to the subject matter of this Agreement. There are no oral or written representations, understanding, undertakings or agreements which are not contained or expressly referred to herein, and any such representations, understandings or agreements are superseded by this Agreement. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Parties hereto, or the failure by a Party to exercise its rights upon the default of another Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by such other Parties with the terms of this Agreement thereafter. This Agreement shall be binding upon, and enforceable Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 93
Menifee Mayor and City Council June 7, 2023 Page 543 of 1858 17 4879-5200-2131v6/200299-0015
by and against the Community Facilities District upon the establishment of the Community Facilities District.
(d) Exhibits. All exhibits attached hereto are incorporated into this Agreement by reference.
(e) Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
(f) Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Parties hereto, or the failure by a Party to exercise its rights upon the default of another Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by such other Parties with the terms of this Agreement thereafter. (g) No Third Party Beneficiaries. Except as provided explicitly in this Agreement, no person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City, the Community Facilities District, the Developer, and the Security Provider (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement.
(h) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. (i) Assignment. Developer may assign all or any of its rights pursuant to this Agreement to a purchaser of all or any portion of the Property. Such a purchaser and assignee shall, as a condition to taking an assignment of such rights, enter into an assignment and assumption agreement with the City and Developer, in a form reasonably acceptable to Developer and the City, whereby such rights assigned are specified and such purchaser agrees, except as may be otherwise specifically provided therein, to assume the obligations of Developer pursuant to this Agreement and to be bound thereby. A company that acquires all of the assets of the Developer, including ownership of the Developer itself, shall be deemed a successor and shall not require an assignment or assumption agreement to be bound by, and enjoy the benefits of, this Agreement. (j) Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. (k) Construction of Agreement. This Agreement has been reviewed by legal counsel for both the City and Developer and shall be deemed for all purposes to have been jointly drafted by the City and Developer. No presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Agreement. (l) Termination. The provisions of this Agreement related to the acquisition and financing of the Improvements shall terminate and be of no further force or effect if the first series of Bonds for the CFD are not sold within ten years from the date of this Agreement unless extended by agreement of all the Parties. If the City is unable to sell the first series of Bonds for the CFD during such ten year period after diligent, commercially reasonable efforts to do so, this Agreement shall terminate and be of no further force and effect; provided, however, in such event, any collected Special Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 94
Menifee Mayor and City Council June 7, 2023 Page 544 of 1858 18 4879-5200-2131v6/200299-0015
Taxes remaining after the payment of administrative expenses of the CFD and reimbursement to the Developer of CFD formation costs shall be used to pay for Improvements in accordance with this Agreement and Developer shall receive a credit against City Fees otherwise payable to City in the amount so used to pay for City Fee Facility Improvements. (m) Attorneys’ Fees. In the event of any action or proceeding, including an arbitration or a reference pursuant to Section 638 et seq., of the Code of Civil Procedure brought by any Party against any other under this Agreement, the prevailing Party shall be entitled to recover its actual attorneys’ fees and all fees, costs and expenses incurred for prosecution, defense, consultation, or advice in such action or proceeding. In addition to the foregoing, the prevailing Party shall be entitled to its actual attorneys’ fees and all fees, costs and expenses incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. (n) Venue and Forum. Any action at law or in equity arising under this Agreement brought by any Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the Parties waive all provisions of law providing for the filing removal or change of venue to any other Court.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 95
Menifee Mayor and City Council June 7, 2023 Page 545 of 1858 19 4879-5200-2131v6/200299-0015
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year written below.

DATED: June 7, 2023
CITY OF MENIFEE, a political subdivision of
the State of California
By:

Armando G. Villa, City Manager
ATTEST:

By:

Stephanie Roseen, Acting City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY FOR THE CITY OF

MENIFEE
By:

Jeffrey T. Melching, City Attorney

LENNAR HOMES OF CALIFORNIA, LLC,
A California limited liability company
By:

Name:

Title:

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 96
Menifee Mayor and City Council June 7, 2023 Page 546 of 1858 4879-5200-2131v6/200299-0015

LIST OF EXHIBITS

EXHIBIT A - DESCRIPTION OF PROPERTY

EXHIBIT B - DESCRIPTION OF COST ESTIMATES

EXHIBIT C - MISCELLANEOUS IMPROVEMENTS

EXHIBIT D - DISBURSEMENT REQUEST FORM
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 97
Menifee Mayor and City Council June 7, 2023 Page 547 of 1858 A-1
4879-5200-2131v6/200299-0015

EXHIBIT A

DESCRIPTION OF PROPERTY
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 98
Menifee Mayor and City Council June 7, 2023 Page 548 of 1858 B-1
4879-5200-2131v6/200299-0015

EXHIBIT B
DESCRIPTION OF COST ESTIMATES OF THE IMPROVEMENTS (1)
I. CITY FEE FACILITY IMPROVEMENTS.

Estimated Cost of the City Fee Facility Improvements
(As further described in condition 81 of the conditions of development) Description Estimated Cost
Law Enforcement $ 423,950
Fire Facilities 197,335
Circulation 2,162,450
General Government 358,680
Storm Drainage 581,330
Parks – Land Acquisition 525,515
Fiscal Impact Mitigation City Facilities 3,906,674
City Facilities 849,825
Total City Fees Facility Improvements $ 9,005,786
II. CITY IMPROVEMENTS.

Those facilities constructed by or on behalf of the Developer and needed by City in order to provide services to the Property, including the following:

Estimated Cost of the City Improvements
Description Estimated Cost
City Street Improvements $ 1,495,000
Overhead Electrical Utility Undergrounding 1,440,000
Total City Improvements $ 2,935,000
(1) Amounts set forth in this Exhibit B are estimates only and such amounts shall not limit the funding of the Actual Costs of such improvements. The Acquisition Price will be funded with Bond proceeds and Special Taxes.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 99
Menifee Mayor and City Council June 7, 2023 Page 549 of 1858 C-1
4879-5200-2131v6/200299-0015

EXHIBIT C
DESCRIPTION OF THE MISCELLANEOUS IMPROVEMENT(1)
Water District facilities included in the Water District’s capacity and connection fee programs used to finance expansion projects, exclusive of in-tract facilities constructed by a property owner, but including and not limited to the following:

Description Estimated Cost
Sewer Financial Participation Charge $ 1,034,225
Sewer Treatment Plant Capacity Charge 1,960,540
Water Financial Participation Charge 2,206,675
Water Supply Development Fee 119,560
Irrigation 1.5” Meter Fees 149,820
Irrigation Meter Fees 114,985
Total Estimated Water District Facilities Fees $ 5,585,835 Menifee School District Improvements included in the Menifee School District’s development fee programs used to finance Menifee School District Improvements, in approximately the following amount:

Estimated Cost of the Menifee School District Improvements Description Estimated Cost
Menifee Union School District Fees $2,708,812
(1) Amounts set forth in this Exhibit C are estimates only and such amounts shall not limit the funding of the actual costs of such improvements as set forth in the applicable JCFA. The Acquisition Price will be funded with Bond proceeds and Special Taxes.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 100
Menifee Mayor and City Council June 7, 2023 Page 550 of 1858 D-1
4879-5200-2131v6/200299-0015

EXHIBIT D
CFD NO. 2023-1 (ROCKPORT RANCH) OF THE CITY OF MENIFEE

DISBURSEMENT REQUEST FORM

1. Community Facilities District No. 2023-1 (Rockport Ranch) of City of Menifee (the “CFD”) is hereby requested to pay from the ________________________ Account, or any applicable account or sub-account thereof, established by the CFD in connection with its 2023 Special Tax Bonds (the “Bonds”) to City of Menifee (the “City”) as payee, the sum set forth below:
$_____________________ (the Requested Amount”)

2. The Requested Amount represents the payment of City Fees for ___ lot(s) within the boundaries of the CFD (the “Property”).
(Tract No. __________, Lot Nos. ________________).

Or, City Improvements as supported by attached documentation.

3. The Requested Amount is due and payable, has not formed the basis of any prior request or disbursement.

4. The City, as payee, is hereby directing payment of the Requested Amount be payable to Lennar Homes of California, LLC, a California limited liability company (the “Developer”), pursuant to the wiring instructions attached hereto.

5. The Requested Amount is authorized and payable pursuant to the terms of the certain Acquisition, Construction and Funding Agreement (the “Agreement”) between the City of Menifee, acting for and on behalf of itself and the CFD and Developer.

6. Capitalized undefined terms used herein shall have the meaning ascribed to them in the Agreement.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 101
Menifee Mayor and City Council June 7, 2023 Page 551 of 1858 D-2
4879-5200-2131v6/200299-0015
Dated: DEVELOPER:

LENNAR HOMES OF CALIFORNIA, LLC,
a California limited liability company
By:

Name:

Title:

Dated: CITY OF MENIFEE
By:

Its:
[ATTACH WIRING INSTRUCTIONS]
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 102
Menifee Mayor and City Council June 7, 2023 Page 552 of 1858 4879-0857-0965/200299-0015

JOINT COMMUNITY FACILITIES AGREEMENT
relating to
Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee by and among
City of Menifee, Eastern Municipal Water District and
Lennar Homes of California, LLC
THIS JOINT COMMUNITY FACILITIES AGREEMENT (the “Agreement”) is entered into effective as of the 7th day of June, 2023, by and among CITY OF MENIFEE, a California general law city (the “City”), EASTERN MUNICIPAL WATER DISTRICT, a public agency organized and existing pursuant to Division 20 of the California Water Code (“EMWD”), and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (“Developer”), and relates to the formation by the City of a community facilities district known as “Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee” (the “CFD”) for the purpose of financing certain facilities to be owned, operated or maintained by the City or EMWD from proceeds of bonds issued by the CFD and the proceeds of special taxes levied by the CFD.

RECITALS
A. The property (“Property”) depicted in Exhibit A hereto, which is located in the City, County of Riverside, State of California, constitutes the land within the boundaries of the CFD.

B. Developer has sole rights to develop the Property included in the CFD. Developer intends to develop the Property for residential purposes. The Property is described in Exhibit B hereto.

C. The City received a petition in accordance with the Act (defined below) to form the CFD for the purpose of financing, among other things, certain public facilities to be constructed and owned and operated by EMWD (the “EMWD Facilities”) in lieu of the payment of EMWD Fees (defined herein) and certain water and sewer facilities to be constructed by Developer and acquired by EMWD (the “Acquisition Facilities”).

D. In conjunction with the issuance of permits for the construction of homes on the Property and/or receipt of water meters for such homes, the Developer, or its successors or assigns, may elect to advance EMWD Facilities costs in lieu of payment of EMWD Fees (the “Advances”) before Bond Proceeds (defined herein) are available in sufficient amounts to pay for EMWD Facilities.

In such case, the Developer shall be entitled to (i) reimbursement of such Advances limited to Bond Proceeds available to EMWD, if any (the Advances being considered an interest free loan by the Developer with no repayment obligation except to the extent there are Bond Proceeds received by or made available to EMWD as described herein, all as further described in Section 5(a) below), and (ii) credit against EMWD Fees which would otherwise be due to EMWD equal to the amount of Bond Proceeds disbursed to EMWD or at the direction of EMWD for EMWD Facilities, all as further described herein.

E. The City will have sole discretion and responsibility for the formation and administration of the CFD.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 103
Menifee Mayor and City Council June 7, 2023 Page 553 of 1858 2 4879-0857-0965/200299-0015
F. The City is authorized by Section 53313.5 of the Act to assist in the financing of the acquisition and/or construction of the EMWD Facilities and/or the Acquisition Facilities. This Agreement constitutes a joint community facilities agreement, within the meaning of Section 53316.2 of the Act, by and among EMWD, the Developer and the City, pursuant to which the CFD, when and if formed, will be authorized to finance the acquisition and/or construction of all or a portion of the EMWD Facilities and/or the Acquisition Facilities. As authorized by Section 53316.6 of the Act, responsibility for constructing, providing for and operating the EMWD Facilities and/or the Acquisition Facilities is delegated to EMWD.

G. The Parties (defined below) hereto find and determine that the residents residing within the boundaries of EMWD, the City and the CFD will be benefited by the construction and/or acquisition of the EMWD Facilities and/or the Acquisition Facilities and that this Agreement is beneficial to the interests of such residents.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties hereto agree as follows:

1. Recitals. Each of the above recitals is incorporated herein and is true and correct.

2. Definitions. Unless the context clearly otherwise requires, the terms defined in this Section shall, for all purposes of this Agreement, have the meanings herein specified. (a) “Acquisition Facility(ies)” means the sewer and water facilities described as such in Exhibit C hereto.
(b) “Act” means the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code.
(c) “Advance” or “Advances” means an amount advanced by Developer to EMWD for EMWD Facilities in lieu of payment of EMWD Fees prior to the availability of sufficient Bond Proceeds. Advances shall be deemed payment of EMWD Fees to the extent sufficient Bond Proceeds are not received by or made available to EMWD. (d) “Bond Proceeds” or “Proceeds of the Bonds” shall mean those net funds generated by the sale of the Bonds and investment earnings thereon, net of costs of issuance, reserve fund, capitalized interest and administrative expenses, and may include net funds generated by the levy of Special Taxes and investment earnings thereon.
(e) “Bond Resolution” means that Resolution, Resolution Supplement, Fiscal Agent Agreement, Indenture of Trust or other equivalent document(s) providing for the issuance of the Bonds.
(f) “Bonds” shall mean those bonds, or other securities, issued by, or on behalf of the CFD, in one or more series, as authorized by the qualified electors within the CFD. (g) “Disbursement Request” means a request for payment relating to EMWD Facilities in the form attached hereto as Exhibit D.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 104
Menifee Mayor and City Council June 7, 2023 Page 554 of 1858 3 4879-0857-0965/200299-0015
(h) “EMWD Engineer Representative” means an EMWD engineer duly authorized to act on behalf of EMWD or his or her designee. (i) “EMWD Fees” means water supply development fees, water backup fees, sewer backup fees, sewer treatment capacity charges and all components thereof imposed by EMWD upon the Property to finance EMWD Facilities.
(j) “EMWD Facilities” means those sewer and water facilities listed on Exhibit C hereto, which are necessary for the provision of water and sewer services to the Property and paid for with Bond Proceeds in lieu of the payment of EMWD Fees. (k) “Other Facilities Account of the Improvement Fund” means the fund, account or subaccount of the CFD (regardless of its designation within the Bond Resolution) into which a portion of the Bond Proceeds may be deposited in accordance with the Bond Resolution to finance EMWD Facilities and/or the Acquisition Facilities and which may have subaccounts. (l) “Party” or “Parties” shall mean any one or all of the parties to this Agreement. (m) “Payment Request” means a request for payment relating to Acquisition Facilities in the form attached hereto as Exhibit E.
(n) “Rate and Method” means the Rate and Method of Apportionment of the Special Tax authorizing the levy and collection of Special Taxes pursuant to proceedings undertaken for the formation of the CFD pursuant to the Act.
(o) “Special Taxes” means the special taxes authorized to be levied and collected within the CFD pursuant to the Rate and Method.
(p) “State” means the State of California.

3. Formation of the CFD. The City has undertaken to analyze the appropriateness of forming the CFD to finance the EMWD Facilities, Acquisition Facilities, and other facilities. The City has and will retain, at the expense of the Developer, the necessary consultants to analyze the formation of the CFD.

4. Sale of Bonds and Use of Bond Proceeds. In the event that the CFD is formed and Bonds are issued, the City and the Developer shall determine the amount of Bond Proceeds to be deposited in the Other Facilities Account of the Improvement Fund and each subaccount thereof. As Bond Proceeds are transferred to EMWD and reserved to fund EMWD Facilities, as described in Section 5 below, the Developer shall receive a credit in the amount transferred against the payment of EMWD Fees with respect to the Property. Nothing herein shall supersede the obligation of an owner of the Property to make an Advance or pay EMWD Fees to EMWD when due. The purpose of this Agreement is to provide a mechanism by which the CFD may issue the Bonds and levy Special Taxes to provide a source of funds to finance EMWD Facilities and Acquisition Facilities in lieu of the payment of EMWD Fees and provision of Acquisition Facilities. In the event that Bond Proceeds, including investment earnings thereon, are not available or sufficient to satisfy the obligation, then the Developer shall remain obligated to make an Advance for which it will receive no reimbursement (except to the extent Bond Proceeds later become available to EMWD), or pay EMWD Fees to EMWD as a condition of receiving water and sewer service to the Property.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 105
Menifee Mayor and City Council June 7, 2023 Page 555 of 1858 4 4879-0857-0965/200299-0015
The Bonds shall be issued only if, in its sole discretion, the City Council determines that all requirements of State and federal law and all City policies have been satisfied or have been waived by the City. Nothing in this Agreement shall confer upon EMWD or any owner of the Property, including Developer, a right to compel the issuance of the Bonds or the disbursement of Bond Proceeds to fund EMWD Facilities and/or Acquisition Facilities except in accordance with the terms of this Agreement.

If and when the CFD determines to issue Bonds, the CFD shall take such actions necessary in its reasonable discretion to ensure the total effective tax rate within the CFD does not exceed two percent (2%) at the time of Bond sale. The total effective tax rate shall be based on a method of determination of property values reasonably acceptable to the City. CFD shall not include EMWD’s name on property owners’ special tax bills within the CFD.

By entering into this Agreement and requisitioning Bond Proceeds as described herein, EMWD is not passing upon, determining or assuming the tax-exempt status of the Bonds for federal or California state income tax purposes.

5. Disbursements for EMWD Facilities.
(a) Upon the funding of the Other Facilities Account of the Improvement Fund with funds reserved to fund EMWD Facilities, the Developer shall notify EMWD of the amount of Bond Proceeds reserved to fund EMWD Facilities and the Developer and EMWD may execute and submit a Disbursement Request for payment to the City or the CFD requesting disbursement of an amount equal to all or a portion of Advances from the Other Facilities Account of the Improvement Fund to the extent that Bond Proceeds are available in the Other Facilities Account of the Improvement Fund for such purpose. Upon EMWD’s receipt of funds pursuant to such Disbursement Request, the Developer shall receive reimbursement of the Advances from EMWD. To facilitate EMWD’s bookkeeping, EMWD may direct in a Disbursement Request, that all or a portion of a payment be made directly from the Other Facilities Account to the Developer as reimbursement for Advances made by the Developer. In the event of a reimbursement to the Developer pursuant to the preceding sentence, EMWD shall account for an equivalent amount of Advances previously received from the Developer in accordance with Section 5(c) below.

To the extent that EMWD expends all or a portion of an Advance pending the deposit of Bond Proceeds in the Other Facilities Account of the Improvement Fund, for purposes of Treasury Regulations regarding investment and expenditure of Bond Proceeds and State law provisions regarding financing of public capital facilities, the Advance shall be considered an interest free loan by the Developer, which EMWD only agrees to repay to the extent of the deposit, if any, of Bond Proceeds in the Other Facilities Account of the Improvement Fund and EMWD’s written direction as described below to pay all or a portion of such deposit to the Developer as repayment of an Advance. (b) From time to time following the funding of the Other Facilities Account of the Improvement Fund, the Developer may notify EMWD in writing and the Developer and EMWD may jointly request a disbursement from the Other Facilities Account of the Improvement Fund to fund EMWD Facilities by executing and submitting a Disbursement Request. Upon receipt of such Disbursement Request completed in accordance with the terms of this Agreement, the CFD shall wire transfer or otherwise pay to EMWD (or upon EMWD’s written direction pay to the Developer or an EMWD contractor) such requested funds to the extent that Bond Proceeds are available in the Other Facilities Account of the Improvement Fund for such purpose. Upon such notice and EMWD’s receipt of such disbursement (or upon payment to the Developer or an EMWD contractor in accordance with Item Title: 11.2
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directions from EMWD relating to EMWD Facilities), the Developer shall be deemed to have satisfied the applicable EMWD Fees with respect to the number of dwelling units or lots for which the EMWD Fees would otherwise have been required in an amount equal to such disbursement. (c) EMWD agrees that prior to submitting a Disbursement Request requesting payment from the CFD it shall review and approve all costs included in its request and will have already paid or incurred such costs of EMWD Facilities from its own funds (which may include Advances from the Developer) subsequent to the date of this Agreement, or will disburse such amounts to pay the costs of EMWD Facilities following receipt of funds from the CFD. In the event that EMWD does not disburse any Bond Proceeds (or equivalent amount of Advances repaid pursuant to the second to the last sentence of the first paragraph of Section 5(a) above) received by it to third parties within five banking days of receipt, it will trace and report to the CFD all earnings, if any, earned by EMWD, from the date of receipt of such Bond Proceeds by EMWD (or the date of disbursement pursuant to the second to the last sentence of the first paragraph of Section 5(a) above) to the date of expenditure by EMWD for capital costs of the EMWD Facilities. Such report shall be delivered at least semiannually until all Bond Proceeds are expended by EMWD. EMWD agrees that in processing the above disbursements it will comply with all legal requirements for the expenditure of Bond Proceeds under the Internal Revenue Code of 1986 and any amendments thereto. (d) EMWD agrees to maintain adequate internal controls over its payment function and to maintain accounting records in accordance with generally accepted accounting procedures.

EMWD will, upon request, provide the City and/or the Developer with access to EMWD’s records related to the EMWD Facilities and expenditure of Advances and will provide to the City its annual financial report certified by an independent certified public accountant for purposes of assisting the City in calculating the arbitrage rebate obligation of the CFD, if any. (e) The City or the CFD agrees to maintain full and accurate records of all amounts, and investment earnings, if any, expended from the Other Facilities Account of the Improvement Fund and expenditure of Advances. The City or the CFD will, upon request, provide EMWD and/or Developer with access to the City’s or the CFD’s records related to the Other Facilities Account of the Improvement Fund.
(f) The City acknowledges that it is in receipt of and has reviewed the EMWD Comprehensive Debt Policy (“Debt Policy”). At the time of formation of the CFD, the City and the CFD are in conformance with Section 3.1 of the Debt Policy and it is expected that the City and CFD will remain in conformance with Section 3.1 at the time of any Bond sale. However, City and EMWD acknowledge that the City has the ultimate responsibility for issuance of the Bonds, the administration of the CFD, and the tax-exempt status of any Bonds issued by the CFD. Accordingly, the City Council shall have ultimate responsibility for making all decisions with respect to the issuance of any CFD Bonds and the levy of CFD Special Taxes.

6. Ownership of EMWD Facilities and Acquisition Facilities. The EMWD Facilities and Acquisition Facilities shall be and remain the property of EMWD.

7. Acquisition Facilities. The requirements of this Section 7 shall apply to any Acquisition Facility for which a Payment Request is submitted to EMWD pursuant to this Section 7. (a) Design Plans and Specifications. All plans, specifications and bid documents for the Acquisition Facility (“Plans”) constructed or to be constructed by the Developer shall be Item Title: 11.2
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prepared by the Developer at the Developer’s initial expense, subject to approval by EMWD. Costs for preparation of the Plans shall be included in the acquisition price. Reimbursement of costs for plan revisions will be considered on a case by case basis. The Developer shall not award bids for construction, or commence or cause commencement of construction, of the Acquisition Facility until the Plans and bidding documents have been approved by EMWD. The bid opening for the Acquisition Facility shall be coordinated with and take place at EMWD’s offices, with EMWD personnel in attendance.
(b) Construction of Acquisition Facilities. A qualified engineering firm (the “Field Engineer”) shall be employed by the Developer to provide all field engineering surveys determined to be necessary by the EMWD’s inspection personnel. Field Engineer shall promptly furnish to EMWD a complete set of grade sheets listing all locations, offsets, etc., in accordance with good engineering practices, and attendant data and reports resulting from Field Engineer’s engineering surveys and/or proposed facility design changes. EMWD shall have the right, but not the obligation, to review, evaluate and analyze whether such results comply with applicable specifications.

A full-time soil testing firm, approved by EMWD, shall be employed by the Developer to conduct soil compaction testing and certification. The Developer shall promptly furnish results of all such compaction testing to EMWD for its review, evaluation and decision as to compliance with applicable specifications. In the event the compaction is not in compliance with applicable specifications, the Developer shall be fully liable and responsible for the costs of achieving compliance.

A final report certifying all required compaction in accordance with the specifications shall be a condition of final acceptance of the Acquisition Facility.

The costs of all surveying, testing and reports associated with the Acquisition Facility furnished and constructed by the Developer’s contractor(s) shall be included in the acquisition price.

EMWD shall not be responsible for conducting any environmental, archaeological, biological, or cultural studies or any mitigation requirements that may be requested by appropriate Federal, State, and/or local agencies with respect to the Acquisition Facility. Any such work shall be paid for and conducted by the Developer and included in the acquisition price of the Acquisition Facility.
(c) EMWD Public Works Requirements. In order that the Acquisition Facility may be properly and readily acquired by EMWD, the Developer shall comply with all of the following requirements with respect to the Acquisition Facility, and the Developer shall provide such proof to the EMWD as EMWD may reasonably require and at such intervals and in such form as EMWD may reasonably require, that the following requirements have been satisfied as to the Acquisition Facility:
(i) The Developer shall prepare a bid package for review, comment and approval by the General Manager of EMWD or his designee (the “EMWD Representative”). (ii) The Developer shall, after obtaining at least three sealed bids for the construction of the Acquisition Facility in conformance with the procedures and requirements of EMWD, submit to EMWD written evidence of such competitive bidding procedure, including evidence of the means by which bids were solicited, a listing of all responsive bids and their amounts, and the name or names of the contractor or contractors to whom the Developer proposes to award the contracts for such construction, which shall be the lowest responsible bidder.

Item Title: 11.2
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(iii) The EMWD Representative shall attend the bid opening. If unable to attend the bid opening, the EMWD Representative shall approve or disapprove of a contractor or contractors, in writing, within five (5) business days after receipt from the Developer of the name or names of such contractor or contractors recommended by the Developer. If the EMWD Representative disapproves of any such contractor; the Developer shall select the next lowest responsible bidder from the competitive bids received who is acceptable to the EMWD Representative. (iv) The specifications and bid and contract documents shall require all such contractors to pay prevailing wages and to otherwise comply with applicable provisions of the Labor Code, the Government Code and the Public Contract Code relating to public works projects and as required by the procedures and standards of EMWD with respect to the construction of its public works projects.
(v) The Developer shall submit faithful performance and payment bonds conforming in all respects to the requirements set forth in EMWD’s “Standard Water and/or Sewer Facilities and Service Agreement.” The following documents shall be submitted to EMWD along with the performance and payment bonds:
(1) The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so;
(2) A certified copy of the certificate of authority of the insurer issued by the State of California’s Insurance Commissioner; and (3) Copies of the insurer’s most recent annual and quarterly statements filed with the Department of Insurance.
(vi) The Developer and its contractor and subcontractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Acquisition Facility, which they will construct in conformance with EMWD’s standard procedures and requirements. EMWD’s insurance requirements are set out in Section 7(n) herein. (vii) The Developer and all such contractors shall comply with such other requirements relating to the construction of the Acquisition Facility which EMWD may impose by written notification delivered to the Developer and each such contractor at the time either prior to the receipt of bids by the Developer for the construction of such Acquisition Facility or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof. In accordance with Section 7(f), the Developer shall be deemed the awarding body and shall be solely responsible for compliance and enforcement of the provisions of the Labor Code, Government Code, and Public Contract Code.
(viii) A “Change Order” is an order from the Developer to a contractor authorizing a change in the work to be performed. The Developer shall receive comments from the EMWD Representative prior to the Developer’s approval of any Change Order. The EMWD Representative shall comment on or deny the Change Order request within five (5) business days of receipt of all necessary information. EMWD’s comments to a Change Order shall not be unreasonably delayed, conditioned or withheld. The Developer shall not be entitled to include in the acquisition price costs associated with a Change Order that have not been approved by the EMWD Representative.

Item Title: 11.2
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(d) Inspection; Completion of Construction. EMWD shall have primary responsibility for inspecting the Acquisition Facility to assure that the work is being accomplished in accordance with the Plans. Such inspection does not include inspection for compliance with safety requirements by the Developer’s contractor(s). EMWD’s personnel shall be granted access to each construction site at all reasonable times for the purpose of accomplishing such inspection. Upon satisfaction of EMWD’s inspectors, the Developer shall notify EMWD in writing that an Acquisition Facility has been completed in accordance with the Plans.

Within three (3) business days of receipt of written notification from EMWD inspectors that an Acquisition Facility has been completed in accordance with the Plans, the EMWD Representative shall notify the Developer in writing that such Acquisition Facility has been satisfactorily completed. Upon receiving such notification, the Developer shall file a Notice of Completion with the County of Riverside Recorder’s Office, pursuant to the provisions of Section 3093 of the Civil Code. The Developer shall furnish to EMWD a duplicate copy of each such Notice of Completion showing thereon the date of filing with the County of Riverside (the “County”). EMWD will in turn file a notice with the County for acceptance. (e) Liens. With respect to the Acquisition Facility, upon the earlier of (i) receipt of all applicable lien releases, or (ii) expiration of the time for the recording of claim of liens as prescribed by Sections 3115 and 3116 of the Civil Code, the Developer shall provide to EMWD such evidence or proof as EMWD shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment for the construction of the Acquisition Facility have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation.
(f) Acquisition; Acquisition Price; Source of Funds. The costs eligible to be included in the acquisition price of the Acquisition Facility (the “Actual Costs”) shall include:
(i) The actual hard costs for the construction of such Acquisition Facility as established by EMWD-approved construction contracts and approved Change Orders, including costs of payment, performance and maintenance bonds and insurance costs, pursuant to this Agreement;
(ii) The design and engineering costs of such Acquisition Facility including, without limitation, the costs incurred in preparing the Plans. Costs for plan revisions will be considered on a case by case basis;
(iii) The costs of environmental evaluations and public agency permits and approvals attributable to the Acquisition Facility;
(iv) Costs incurred by the Developer for construction management and supervision of such Acquisition Facility, not to exceed five percent (5%) of the actual hard costs of construction, subject to prior approval by EMWD of any construction management or supervision contract with respect to the Acquisition Facility;
(v) Professional costs associated with the Acquisition Facility such as engineering, inspection, construction staking, materials, testing and similar professional services; and Item Title: 11.2
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(vi) Costs approved by EMWD of acquiring from an unrelated third party any real property or interests therein required for the Acquisition Facility including, without limitation, temporary construction easements, temporary by-pass road and maintenance easements.

Provided the Developer has complied with the requirements of this Agreement, EMWD agrees to execute and submit to the City a Payment Request for payment of the acquisition price of the completed Acquisition Facility to the Developer or its designee within thirty (30) days after the Developer’s satisfaction of the preconditions to such payment stated herein.

As a condition to EMWD’s execution of the Payment Request for the acquisition price, the property ownership of the completed Acquisition Facility shall be transferred to EMWD by grant deed, bill of sale or such other documentation as EMWD may require free and clear of all taxes, liens, encumbrances, and assessments, but subject to any exceptions determined by EMWD to not interfere with the actual or intended use of the land or interest therein (including the lien of a community facilities district so long as the subject property is exempt from taxation or is otherwise not taxable by such community facilities district). Upon the transfer of property ownership of the Acquisition Facility or any portion thereof to EMWD, EMWD shall be responsible for the maintenance of such Acquisition Facility or the portion transferred. Notwithstanding the foregoing, the acquisition price of an Acquisition Facility may be paid prior to transfer of property ownership and acceptance of the Acquisition Facility if it is substantially completed at the time of payment. The Acquisition Facility shall be considered “substantially complete” when it has been reasonably determined by EMWD to be usable, subject to final completion of such items as the final lift or any other items not essential to the primary use or operation of the Acquisition Facility.

For purposes of determining the acquisition price to be paid by the CFD for the acquisition of each Acquisition Facility by EMWD, the value of such Acquisition Facility shall include the construction costs specified in EMWD-approved contracts and EMWD-approved change orders conforming to this Section 7, as hereinbefore specified. EMWD approval is a condition prior to initiation of contract work. However, if EMWD reasonably determines that the additional Actual Costs are excessive and that the value of the Acquisition Facility is less than the total amount of such Actual Costs and such construction costs, the price to be paid for the acquisition of the Acquisition Facility shall be the value thereof as determined by the EMWD Engineer Representative, subject, however, to the Developer’s right to appeal to EMWD’s Board of Directors.

Upon completion of the construction of an Acquisition Facility, the Developer shall deliver or cause to be delivered to EMWD a Payment Request in substantially the form of Exhibit E, attached hereto, copies of the contract(s) with the contractor(s) who have constructed the Acquisition Facility and other relevant documentation with regard to the payments made to such contractor(s) and each of them for the construction of the Acquisition Facility, documentation evidencing payment of prevailing wages, and shall also provide to EMWD invoices and purchase orders with respect to all equipment, materials and labor purchased for the construction of the Acquisition Facility. EMWD shall require the EMWD Engineer Representative to complete its determination of the acquisition price of the Acquisition Facility as promptly as is reasonably possible.

Notwithstanding the preceding provisions of this Section, the source of funds for the acquisition of the Acquisition Facility or any portion thereof shall be funds on deposit in the Other Facilities Account of the Improvement Fund. If no such funds are available, EMWD shall not be required to acquire the Acquisition Facility from the Developer. In such event, the Developer shall complete the design and construction and offer to EMWD property ownership of such portions of the Item Title: 11.2
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Acquisition Facility as are required to be constructed by the Developer as a condition to recordation of subdivision maps for the Property, but need not construct any portion of the Acquisition Facility which it is not so required to construct. Reimbursement for these facilities would be made pursuant to the “Standard Water and/or Sewer Facilities and Service Agreement(s)” by and between EMWD and the Developer.
(g) Easements and/or Fee Title Property Ownership Deeds. The Developer shall, at the time EMWD acquires the Acquisition Facility as provided in Section 7(f) hereof, grant or cause to be granted to EMWD, by appropriate instruments prescribed by EMWD, all easements across private property and/or fee title property ownership deeds which may be reasonably necessary for the proper operation and maintenance of such Acquisition Facility, or any part thereof. (h) Permits. The Developer shall be responsible for obtaining all necessary construction permits from the City covering construction and installation of the Acquisition Facility.

EMWD will request the City to issue an “operate and maintain permit” to EMWD, which will become effective upon the completion of the Acquisition Facility and acceptance of property ownership therewith by EMWD.
(i) Maintenance. Prior to the transfer of property ownership of an Acquisition Facility by the Developer to EMWD, as provided in Section 7(f) hereof, the Developer shall be responsible for the maintenance thereof and shall require its contractor(s) to repair all facilities damaged by any party, prior to acceptance by EMWD and/or make corrections determined to be necessary by EMWD’s inspection personnel.
(j) Inspection of Records. EMWD shall have the right to review all books and records of the Developer pertaining to the costs and expenses incurred by the Developer for the design and construction of the Acquisition Facility during normal business hours by making arrangements with the Developer. The Developer shall have the right to review all books and records of EMWD pertaining to costs and expenses incurred by EMWD for services of the EMWD Engineer Representative by making arrangements with EMWD.
(k) Property Ownership of Improvements. Notwithstanding the fact that some or all of the Acquisition Facility may be constructed in dedicated street rights-of-way or on property which has been or will be dedicated to EMWD, each Acquisition Facility shall be and remain the property of the Developer until acquired by EMWD as provided in this Agreement. (l) Materials and Workmanship Warranty. Upon the completion of the acquisition of an Acquisition Facility by EMWD, the performance bond related to such individual Acquisition Facility provided by the Developer pursuant to Section 7(c)(v) hereof, shall be reduced by 90%, and the remaining 10% shall serve as a maintenance bond to guarantee that such Acquisition Facility will be free from defects due to faulty workmanship or materials for a period of one year. Release of performance and payment bonds is addressed in the Standard Water and/or Sewer Facilities and Service Agreement, by and between EMWD and the Developer. (m) Independent Contractor. In performing this Agreement with respect to the Acquisition Facilities, the Developer is an independent contractor and not the agent of EMWD.

EMWD shall not have any responsibility for payment to any contractor, subcontractor or supplier of the Developer. It is not intended by the Parties that this Agreement create a partnership or joint venture among them and this Agreement shall not otherwise be construed.

Item Title: 11.2
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(n) Insurance Requirements. Neither the Developer nor its contractor shall commence work on an Acquisition Facility under this Agreement prior to obtaining all insurance required hereunder with a company or companies acceptable to EMWD, nor shall the Developer’s contractor allow any subcontractor to commence work on its subcontract until all insurance required of the subcontractor has been obtained.

The Developer shall, during the life of this Agreement, notify EMWD in writing of any incident giving rise to any potential bodily injury or property damage claim and any resultant settlements, whether in conjunction with this or any other project which may affect the limits of the required coverage, as soon as is reasonable and practical.

Both the Developer and its contractor shall conform in every respect to the requirements set forth in the Standard Water and/or Sewer Facilities and Service Agreement, by and between EMWD and the Developer.

8. Indemnification.
(a) Indemnification by the City. The City shall assume the defense of, indemnify and save harmless, EMWD, its officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of the City with respect to this Agreement and the issuance of the Bonds; provided, however, that the City shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents or employees. (b) Indemnification by Developer. Developer shall assume the defense of, indemnify and save harmless, the City, the CFD and EMWD, their respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of Developer with respect to this Agreement; provided, however, that Developer shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents or employees. (c) Indemnification by EMWD. EMWD shall assume the defense of, indemnify and save harmless, the City, the CFD and their respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of EMWD with respect to this Agreement, and the design, engineering and construction of the EMWD Facilities and the Acquisition Facilities constructed by EMWD; provided, however, that EMWD shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents or employees.

9. Allocation of Special Taxes. The entire amount of any Special Taxes levied by the CFD to repay Bonds, or to fund other obligations, shall be allocated to the CFD.

10. Amendment and Assignment. This Agreement may be amended at any time but only in writing signed by each Party hereto. This Agreement may be assigned, in whole or in part, by the Developer to the purchaser of any parcel of land within the Property, provided, however, such assignment shall not be effective unless and until EMWD and the City have been notified, in writing, Item Title: 11.2
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of such assignment and the assignment specifies whether the Developer or such assignee is authorized to execute disbursement requests.

11. Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the Parties with respect to the subject matter of this Agreement.

12. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either Party shall be deemed to have been received when personally delivered or seventy-two hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows:

City: City of Menifee
29844 Haun Road
Menifee, CA 92586
Attention: Assistant City Manager
EMWD: Eastern Municipal Water District
P.O. Box 8300
2270 Trumble Road
Perris, CA 92572-8300
Attention: Special Funding Division
Email: [email protected]
Developer: Lennar Homes of California, LLC
980 Montecito Dr., Suite 300
Corona, CA 92879
Attention: Geoff Smith
Each Party may change its address for delivery of notice by delivering written notice of such change of address to the other Parties hereto. Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopier upon the sender’s receipt of written acknowledgement from the addressee, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section.

13. Exhibits. All exhibits attached hereto are incorporated into this Agreement by reference.

14. Attorney’s Fees. In the event of the bringing of any action or suit by any Party against any other Party arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit, including reasonable attorney’s fees.

Item Title: 11.2
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15. Interpretation in the event of Ambiguities or Disputes. The Parties acknowledge and agree that each has been given the opportunity to review this Agreement with legal counsel independently, and/or has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. In the event of an ambiguity in or dispute regarding the interpretation of same, the interpretation of this Agreement shall not be resolved by any rule of interpretation providing for interpretation against the Party who causes the uncertainty to exist or against the drafter.

16. Severability. If any part of this Agreement is held to be illegal or unenforceable by court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

17. Governing Law. This Agreement and any dispute arising hereunder shall be governed by interpreted in accordance with the laws of the State of California.

18. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by any other Party hereto, or the failure by a Party to exercise its rights upon the default of any other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by such other Party with the terms of this Agreement thereafter.

19. No Third Party Beneficiaries. No person or entity other than the CFD, when and if formed, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than EMWD, the City, the CFD and Developer (and their respective successors and assigns, exclusive of individual homebuyers), any rights, remedies, obligations or liabilities under or by reason of this Agreement.

20. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.

21. Termination. If the City determines and notifies the other Parties in writing that the CFD is unable to complete the sale of the Bonds, any obligation of the Parties, if any, to finance all or any EMWD Facilities with Bond Proceeds pursuant to this Agreement shall automatically terminate and be of no further force or effect.

22. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. [REMAINDER OF PAGE LEFT BLANK]
Item Title: 11.2
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year written above.

CITY OF MENIFEE
Assistant City Manager
ATTEST:

By:

Stephanie Roseen, Acting City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY OF THE CITY OF MENIFEE
By:

Jeffrey T. Melching, City Attorney
[SIGNATURES CONTINUED ON NEXT PAGE.]
Item Title: 11.2
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EASTERN MUNICIPAL WATER DISTRICT
By:

Joe Mouawad, P.E., General Manager
ATTEST:

By:

Sheila Zelaya, Board Secretary

DEVELOPER

LENNAR HOMES OF CALIFORNIA, LLC,
a California limited liability company
By:

Its:

Item Title: 11.2
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EXHIBIT A
COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH)

OF THE CITY OF MENIFEE

DEPICTION OF PROPERTY
Item Title: 11.2
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EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH)

OF THE CITY OF MENIFEE

DESCRIPTION OF PROPERTY
City of Menifee, County of Riverside, State of California Tract Map(s):

TRACT NO. 37131
Item Title: 11.2
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EXHIBIT C
COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH)

OF THE CITY OF MENIFEE

FACILITIES DESCRIPTION

1. EMWD Facilities. The type of EMWD Facilities eligible to be financed by the CFD under the Act are as follows:

Those water and sewer facilities included in EMWD’s water and sewer capacity and connection fee programs used to finance expansion projects, exclusive of in-tract facilities contributed by Developer. EMWD Facilities include, but are not limited to the following: water and sewer transmission pipelines, sewer treatment plants, disposal ponds, pumping plants, lift stations and water reservoirs, including all costs of site acquisition, planning, design, engineering, legal services, materials testing, coordination, surveying, construction staking, construction, inspection and any and all appurtenant facilities and appurtenant work relating to the foregoing.

2. Acquisition Facilities. The types of Acquisition Facilities eligible to be financed by the CFD under the Act shall consist of sewer and water transmission lines, sewer and water pump stations and water reservoirs, including all costs of site acquisition, planning, design, engineering, legal services, materials testing, coordination, surveying, construction staking, construction inspection and any and all appurtenant facilities to the foregoing required to serve the Property. The facilities listed above are representative of the types of facilities eligible to be financed by the CFD as Acquisition Facilities. Detailed scope and limits of specific projects will be determined by EMWD as appropriate, consistent with the standards of the EMWD.

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 120
Menifee Mayor and City Council June 7, 2023 Page 570 of 1858 D-1
4879-0857-0965/200299-0015

EXHIBIT D
COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH)

OF THE CITY OF MENIFEE

DISBURSEMENT REQUEST FORM
(EMWD Facilities)

1. City of Menifee Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee (“CFD”) is hereby requested to pay from the CFD bond proceeds (“Bond Proceeds”) to Eastern Municipal Water District (“EMWD”), as Payee, or to EMWD’s designee, the sum set forth in 3 below.

2. The undersigned certifies that the amount requested for EMWD Facilities is due and payable, has not formed the basis of prior request or payment, and is being made with respect to the connection of the property described below to the EMWD system.

3. Amount requested: $________________
For Tract/Lot Nos: _________________

4. The amount set forth in 3 above is authorized and payable pursuant to the terms of the Joint Community Facilities Agreement, by and among the City of Menifee, EMWD and Lennar Homes of California, LLC, dated _________, 2023 (the “Agreement”). Capitalized terms not defined herein shall have the meaning set forth in the Agreement. EMWD shall spend the Bond Proceeds allocated hereby in accordance with the requirements set forth in Section 5 of the Agreement.

5. By entering into the Agreement and requisitioning Bond Proceeds as described herein, EMWD is not passing upon, determining or assuming the tax-exempt status of the Bonds for federal or California state income tax purposes.

DEVELOPER

LENNAR HOMES OF CALIFORNIA, LLC,
a California liability company
By:

EASTERN MUNICIPAL WATER DISTRICT
By:
cc: EMWD Special Funding District
Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 121
Menifee Mayor and City Council June 7, 2023 Page 571 of 1858 E-1
4879-0857-0965/200299-0015

EXHIBIT E

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH)

PAYMENT REQUEST FORM
CITY OF MENIFEE CFD NO. 2023-1 (ROCKPORT RANCH) – OTHER FACILITIES ACCOUNT

OF THE IMPROVEMENT FUND
City of Menifee (“City”), Eastern Municipal Water District (“EMWD”) and _______________ (“Developer”) are parties to the Joint Community Facilities Agreement, dated as of __________ (the “EMWD JCFA”). Capitalized undefined terms used herein shall have the meanings ascribed thereto in the EMWD JCFA. Pursuant to the EMWD JCFA, Developer hereby requests approval of the acquisition price of the Acquisition Facility(ies) described in Attachment A attached hereto. In connection with this Payment Request, Developer hereby represents and warrants to the EMWD as follows:
(a) The person executing this Payment Request is qualified to execute this Payment Request on behalf of Developer and knowledgeable as to the matters set forth herein. (b) The Acquisition Facility(ies) have been constructed in accordance with the Plans therefor, and in accordance with all applicable EMWD standards and the requirements of the EMWD JCFA.
(c) The true and correct Actual Cost of the Acquisition Facility(ies) is set forth in Attachment A.
(d) Developer has submitted or submits herewith to EMWD the contracts, invoices, receipts, worksheets and other evidence of Actual Costs which are in sufficient detail to allow the EMWD Representative to verify the Actual Cost of the Acquisition Facility(ies) for which payment is requested.
(e) There are no liens, rights to lien or attachment upon, or claims affecting the right to receive the payment requested herein which has not been released or will not be released simultaneously with the payment of such obligation, other than materialmen’s or mechanics’ liens accruing by operation of law. Copies of lien releases for all work for which payment is requested hereunder are attached hereto.

Developer hereby declares under penalty of perjury that the above representations and warranties are true and correct.

Developer hereby requests that the acquisition price be paid to the person or persons, in the amount set forth in Attachment B hereto.

DEVELOPER

LENNAR HOMES OF CALIFORNIA, LLC,
a California liability company
By:

Its:

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 122
Menifee Mayor and City Council June 7, 2023 Page 572 of 1858 E-2
4879-0857-0965/200299-0015

CONFIRMATION AND APPROVAL BY EMWD
EMWD has (a) confirmed that the Acquisition Facility(ies) described in Attachment A is complete and was constructed in accordance with the Plans therefor, and (b) reviewed, verified and approved the acquisition price of such Acquisition Facility(ies). Such Acquisition Facility(ies) is/are complete and the acquisition price therefor eligible for payment is $________. The amount to be paid and the payee(s) are described in Attachment B.

Date: __________ AUTHORIZED REPRESENTATIVE OF EMWD
By:

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 123
Menifee Mayor and City Council June 7, 2023 Page 573 of 1858 E-3
4879-0857-0965/200299-0015

ATTACHMENT A
Acquisition Facility Actual Cost Acquisition Price*
Total Acquisition Price to be Paid:

Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 124
Menifee Mayor and City Council June 7, 2023 Page 574 of 1858 E-4
4879-0857-0965/200299-0015

ATTACHMENT B

ACQUISITION PRICE PAYMENT INSTRUCTIONS
[Include name and address of payee and wire transfer instructions] Item Title: 11.2
Proposed Formation of Community Facilities District No. 2023-1, Rockport Ranch Item Page Number: 125
Menifee Mayor and City Council June 7, 2023 Page 575 of 1858

CITY OF MENIFEE
SUBJECT: Appeal of the Planning Commission Decision for the Ethanac and Barnett Warehouse(s) Project
MEETING DATE: June 7, 2023
TO: Mayor and City Council
PREPARED BY: Russell Brown, Senior Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
APPLICANT: City of Perris (Appellant)
--------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution upholding the Planning Commission approval of an Initial Study / Mitigated Negative Declaration and Plot Plan (PLN21-0290) for Ethanac Barnett Warehouse(s) Project and deny Appeal No. PLN23-0058.

DISCUSSION
Planning Commission Decision
On March 8, 2023, the Planning Commission held a duly noticed public hearing and voted 4-0-1 to approve Plot Plan No. PLN21-0290 - Ethanac Barnett Warehouse(s) along with the related environmental analysis (Project). On March 20, 2023, the City received an application from the City of Perris to appeal the Planning Commission decision.

Plot Plan No. PLN21-0290 was approved by the Planning Commission for the construction of two (2) concrete tilt-up buildings totaling approximately 251,133 square feet (sq. ft.) which includes approximately 206,019 sq. ft. of warehousing, 25,114 sq. ft. of manufacturing area and 20,000 sq. ft. of office area on a 13.89 gross acre project site. The buildings propose a maximum overall height of 42.5 feet, and each includes 15 dock doors and two (2) at grade level. Associated facilities and improvements of the Project site includes 414 proposed parking spaces, on-site landscaping, and related on-site and off-site street/road improvements. The Project currently proposes two (2) full-access driveways along Barnett Road and two (2) right-in/right-out shared driveways (one (1) along Ethanac Road and one (1) along Barnett Road) with the adjacent property to the northeast (known as Ethanac Square).

Item Title: 11.3
Appeal of the Planning Commission Decision for the Ethanac and Barnett Warehouse(s) Project Item Page Number: 1
Menifee Mayor and City Council June 7, 2023 Page 576 of 1858 City of Menifee Staff Report
Appeal of Ethanac Barnett Warehouse(s)
June 7, 2023