PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE
REQUESTING INSTITUTION OF PROCEEDINGS FOR
ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT
(COMMUNITY FACILITIES DISTRICT NO. 2024-1 (BANNER
PARK II) OF THE CITY OF MENIFEE
The undersigned is the owner (the "Owner") of more than 10% of the land depicted in Exhibit A hereto and described in Exhibit B hereto (the "Property"). The Property constitutes all of the land included within the boundaries of a community facilities district hereby proposed to be established. The Property is located within the City of Menifee (the "City") in the County of Riverside.
The Owner requests that the City Council of the City (the "City Council") institute proceedings to establish a community facilities district to be known as "Community Facilities District No. 2024-1 (Banner Park II) of the City of Menifee" (referred to herein as the "District") pursuant to Chapter 2.5 (commencing with Section 53311), Part I, Division 2, Title 5, of the Government Code of the State of California, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act") to include all of the Property.
The boundaries of the territory which is proposed for inclusion in the District are those depicted in Exhibit A hereto and described in Exhibit B hereto.
4. The Owner requests that the proposed District be used to finance the construction, purchase, modification, expansion and/or improvement of (i) drainage, library, park, street, roadway, traffic signal and streetlights, administration and general government facilities, animal shelter facilities, fire and public safety facilities, 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 Act (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, including such school facilities of Menifee Union School District which are included in Menifee Union School District's school fee program (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; 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 4895-2457-7974v3/200299-0023
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.
The Owner further requests that the City Council authorize the levy of special taxes in the District to pay the costs of the Facilities and the incidental costs described in paragraph 4 above (the "Special Tax") and to pay principal of, interest and premium, if any, on the bonds in order to contribute to the financing of the Facilities and costs described in paragraph 4 above.
The Owner further requests that, upon the sale of bonds, the City Council, as legislative body of the District, annually levy the Special Tax on the property within the District for the construction, purchase, modification, expansion and/or improvement of the Facilities, for the payment of the aggregate amount of principal of and interest owing on the bonds in each fiscal year, including the maintenance of reserves therefor, and for the payment of administrative expenses of the
7. There has been advanced to the City the amounts necessary to pay for the costs related to the formation of the District, which amounts will be reimbursed, without interest, from the proceeds of the first sale of the bonds, if any. The reimbursement of such amounts is expected to be governed by the terms of that certain Acquisition and Construction Agreement to be entered into by and between the City and the Owner relating to the District. If bonds are not sold, the City will have no obligation to reimburse amounts expended for costs incurred, but will reimburse any unexpended amounts advanced by the Owner as set forth in the Acquisition and Construction Agreement.
Dated: April 25, 2024
PULTE HOME COMPANY, LLC
a Michigan limited liability company
By:
Name:
Title: DARREN WARREN
Vice President Land
Acquisitions & Development
2 4895-2457-7974y3/200299-0023
4895-2457-7974v3/200299-0023 PROPOSED BOUNDARY MAP SHEET 1 OF 1 SHEET COMMUNITY FACILITIES DISTRICT NO. 2024-1
(BANNER PARK I!)
OF THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED RECORDED THIS — DAY OF 20_ AT BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2024.1 THE HOUR OF O'CLOCK _M IN BOOK
BANNER PARK II), OF THE CITY OF MENIFEE, COUNTY OF OF MAPS OF ASSESSMENT AND COMMUNITY
RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY
COUNCL OF THE CITY OF MENIFEE AT A REGULAR MEETING RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF THEREOF, HELD ON — DAY OF - 201 CALIFORNIA.
BY RESOLUTION NO.
HEER ADANA, ASSESSON, COUNTY CLERK. RECORDER
aTY CLERK
CITY OF MENFEE DEPUTY
FILED IN THE OFFICE OF THE CITY CLERK, CITY OF MENIFEE, THIS _ DAY OF NO. 20243 SANER ARK I WIN DES OT 19, 19.
200. AND 202, OF CITY OF MENIFEE TRACT MAP NO.
32101. RECORDED IN THE OFFICIAL RECORDS OF THE
CITY CLERK COUNTY OF RIVERSIDE. STATE OF CALIFORNIA, ON THE CTY OF MENIFE€ 18TH DAY OF AUGUST, 2015, IN BOOK 446 OF MAPS, AT BOUNDARY MAP EXHIBIT A PAGES 42 - 49, AS DOCUMENT NO. 2015-0367463 AND
5B848 PARCEL 1. OF CITY OF MENIFEE PARCEL MAP NO. 38627.
RECORDED IN THE OFFICIAL RECORDS OF THE COUNTY
OF AARON. 1034, IN BOOK 257 OF ONCE MSTS. AF
PAGES 98 - 102, AS DOCUMENT NO. 2024-0058006.
LOT 188
LOT 200|
LEGEND
SPICER 0 250
CONSULTING CROUP 500, 1000F m
EXHIBIT B
LEGAL DESCRIPTION
Real property in the City of Menifee, County of Riverside, State of California, described as follows:
PARCEL I OF PARCEL MAP 38627, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 257, PAGES 98 THROUGH 102, INCLUSIVE, OF PARCEL MAPS, RECORDED AS DOCUMENT NO. 2024-0058006 ON MARCH 1, 2024 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
B-1
4895-2457-7974v3/200299-0023