City Council Chambers
29844 Haun Road
Menifee, CA 92586
Dean Deines, District 4
Dan Temple, District 3
AGENDA
Finance Committee
Special Meeting Agenda
Monday, March 16, 2026
11:00 AM Special Meeting
Travis Hickey, Chief Financial Officer
Rachel Valencia, Clerk
SPECIAL MEETING (11:00 AM)
1. CALL TO ORDER
2. ROLL CALL
3. PRESENTATIONS NONE
4. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Committee Members about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Committee’s ability to respond to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
5. APPROVAL OF MINUTES
5.1 January 13, 2026 Finance Committee Meeting Minutes
6. DISCUSSION ITEMS
6.1 Proposed Parity Bond Issuance for Community Facilities District No. 20232 Improvement Area 1
RECOMMENDED ACTION
1. Review the proposed parity bond issuance request for Community Facilities District (“CFD”) No. 20232 Improvement Area 1, Cimarron Ridge, by Pulte Home Co., LLC, to finance the costs of certain public improvements in connection with the development of 424 homes in a community located south of Rouse Road and west of Byers Road within the City of Menifee (the “City”); and
2. Recommend the Finance Department proceed with the preparation of the Official Statement and other legal documents related to the transaction for presentation to the City Council.
6.2 Community Benefit Agreement (CBA) for Double Butte Project RECOMMENDED ACTION
1. Review proposed Community Benefit Agreement (CBA) for Double Butte Project and recommend submittal to the City Council for approval.
6.3 Community Benefit Agreement (CBA) for Seaflower BESS Project RECOMMENDED ACTION
1. Review proposed Community Benefit Agreement (CBA) for Seaflower BESS Project and recommend submittal to the City Council for approval.
7. STAFF COMMENTS
8. COMMITTEE MEMBER UPDATES AND COMMENTS
9. FUTURE AGENDA ITEMS
10. ADJOURNMENT
Decorum Policy Notes
The Committee anticipates and encourages public participation at its meetings, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the Committee after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777, or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777, or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Special Finance Committee Meeting
March 16, 2026
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Dean Deines, District 4
Dan Temple, District 3
AGENDA
Finance Committee
Special Meeting Agenda
Monday, March 16, 2026
11:00 AM Special Meeting
Travis Hickey, Chief Financial Officer
Rachel Valencia, Clerk
SPECIAL MEETING (11:00 AM)
1. CALL TO ORDER
2. ROLL CALL
3. PRESENTATIONS NONE
4. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Committee Members about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Committee’s ability to respond to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
5. APPROVAL OF MINUTES
5.1 January 13, 2026 Finance Committee Meeting Minutes
6. DISCUSSION ITEMS
6.1 Proposed Parity Bond Issuance for Community Facilities District No. 20232 Improvement Area 1
RECOMMENDED ACTION
1. Review the proposed parity bond issuance request for Community Facilities District (“CFD”) No. 20232 Improvement Area 1, Cimarron Ridge, by Pulte Home Co., LLC, to finance the costs of certain public improvements in connection with the development of 424 homes in a community located south of Rouse Road and west of Byers Road within the City of Menifee (the “City”); and
2. Recommend the Finance Department proceed with the preparation of the Official Statement and other legal documents related to the transaction for presentation to the City Council.
6.2 Community Benefit Agreement (CBA) for Double Butte Project RECOMMENDED ACTION
1. Review proposed Community Benefit Agreement (CBA) for Double Butte Project and recommend submittal to the City Council for approval.
6.3 Community Benefit Agreement (CBA) for Seaflower BESS Project RECOMMENDED ACTION
1. Review proposed Community Benefit Agreement (CBA) for Seaflower BESS Project and recommend submittal to the City Council for approval.
7. STAFF COMMENTS
8. COMMITTEE MEMBER UPDATES AND COMMENTS
9. FUTURE AGENDA ITEMS
10. ADJOURNMENT
Decorum Policy Notes
The Committee anticipates and encourages public participation at its meetings, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the Committee after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777, or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777, or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Special Finance Committee Meeting
March 16, 2026
5 1
9 6
7 City Council Chambers
29844 Haun Road
Menifee, CA 92586
Dean Deines, District 4
Dan Temple, District 3
MINUTES
Finance Committee
Regular Meeting Minutes
Tuesday, January 13, 2026
2:00 PM Regular Meeting
Travis Hickey, Chief Financial
Officer
Rachel Valencia, Meeting Clerk
REGULAR MEETING (2:00 PM)
1. CALL TO ORDER
The meeting was called to order at 2:01 PM.
2. ROLL CALL
Present: Dan Temple, Dean Deines
Absent: Absent
3. PRESENTATIONS - NONE
There were no presentations.
4. PUBLIC COMMENTS (NON-AGENDA ITEMS)
There were no public comments.
5. APPROVAL OF MINUTES
The following set of minutes were approved unanimously (2-0) with no modifications.
5.1 October 14, 2025 Finance Committee Meeting Minutes
6. DISCUSSION ITEMS
6.1 Proposed Change to Community Facilities District No. 2025-4, Heritage Village, by Lennar Homes
Chief Financial Officer Travis Hickey provided a presentation. The Committee asked questions of staff. The item was approved unanimously (2-0).
ACTION
1. Reviewed the changes proposed for Community Facilities District No. 2025-4, Heritage Village, to amend the financing plan for certain public improvements within the proposed 162-unit town home development and recommended submittal to the City Council for consideration.
Item: 5.1
Item Page Number: 1
Menifee Finance Committee March 16, 2026 Page 3 of 137
5 1
9 6
7 6.2 Proposed Bond Issuance for Community Facilities District No. 2024-1, Banner Park II Chief Financial Officer Travis Hickey provided a presentation. The item was approved unanimously (2-0).
ACTION
1. Reviewed the proposed bond issuance request for Community Facilities District (“CFD”) No. 2024-1, Banner Park II by Pulte Home Co., LLC, to finance the costs of certain public improvements in connection with the development of 182 homes in a community located southeast of Domenigoni Parkway at Lindenberger Road within the City of Menifee (the “City”); and
2. Recommended the Finance Department proceed with the preparation of the Official Statement and other legal documents related to the transaction for presentation to the City Council.
6.3 Proposed Bond Issuance for Community Facilities District No. 2022-3, Improvement Area 1, Legado
Chief Financial Officer Travis Hickey provided a presentation. The Committee asked questions of staff. The item was approved unanimously (2-0).
ACTION
1. Reviewed the proposed bond issuance request for Community Facilities District (“CFD”) No. 2022-3, Improvement Area 1, Legado by Lennar Homes of California, LLC, to finance the costs of certain public improvements in connection with the development of 1,022 homes in a community located northwest of Antelope Road and Chambers Avenue and south of Rouse Road within the City of Menifee (the “City”); and
2. Recommended the Finance Department proceed with the preparation of the Official Statement and other legal documents related to the transaction for presentation to the City Council.
6.4 Finance Committee 2026 Meeting Schedule
Management Aide Rachel Valencia provided a presentation. The item was approved unanimously (2-0) with no modifications.
ACTION
1. Approved the 2026 Finance Committee Meeting dates.
6.5 Establishment of Section 115 Trust
Chief Financial Officer Travis Hickey provided a presentation. The Committee asked questions of staff. Deines inquired about how this trust would affect the City’s investment policy and how the City is going to fund the trust. The item was approved unanimously (2- 0).
ACTION
1. Recommended City Council consider engaging Public Agency Retirement Services (“PARS”) in a Professional Services Agreement for Section 115 Trusts Establishment, Administration and Investment Management Services.
Item: 5.1
Item Page Number: 2
Menifee Finance Committee March 16, 2026 Page 4 of 137
5 1
9 6
7 7 STAFF COMMENTS
There were no staff comments.
8 COMMITTEE MEMBER UPDATES AND COMMENTS
There were no reports on Committee activities.
9 FUTURE AGENDA ITEMS
There were no future agenda item requests.
10 ADJOURNMENT
The meeting was adjourned at 2:41 PM.
______________________________________
Rachel Valencia, Management Aide
Item: 5.1
Item Page Number: 4
Menifee Finance Committee March 16, 2026 Page 6 of 137
CITY OF MENIFEE
SUBJECT: Proposed Parity Bond Issuance for Community Facilities District No. 2023-2 Improvement Area 1
MEETING DATE: March 16, 2026
TO: Finance Committee
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Review the proposed parity bond issuance request for Community Facilities District (“CFD”) No. 2023-2 Improvement Area 1, Cimarron Ridge, by Pulte Home Co., LLC, to finance the costs of certain public improvements in connection with the development of 424 homes in a community located south of Rouse Road and west of Byers Road within the City of Menifee (the “City”); and
2. Recommend the Finance Department proceed with the preparation of the Official Statement and other legal documents related to the transaction for presentation to the City Council.
DISCUSSION
Pulte Home Co., LLC, (the “Developer”) owns a residential tract approved for 756 homes within the City. The development is divided into two Improvement Areas, known as Improvement Area 1 (“IA1”), with 424 homes, and Improvement Area 2 (“IA2”), with 332 homes.
This development is unique in that Invitation Homes, a real estate investment trust (a “REIT”), owns 127 of the 424 homes in IA1. The REIT intends to maintain ownership and rent out the homes. Spicer Consulting Group, the city’s tax consultant, conducted an analysis and determined those homes are responsible for less than 20% of the annual tax levy.
In May 2025, the first series of bonds was issued in connection with the initial 288 homes in IA1.
Earlier this month, the Developer requested that the City proceed with issuing parity bonds for the remaining homes in IA1 of Cimarron Ridge (the “Development”) to finance eligible public facilities.
Item: 6.1
Item Page Number: 1
Menifee Finance Committee March 16, 2026 Page 7 of 137
City of Menifee Staff Report
Proposed Parity Bond Issuance for CFD 2023-2 Improvement Area 1 March 16, 2026
3 2
3 4
As of early February, building permits have been issued for 412 homes. Of these, 407 homes have closed escrow, and two homes were sold and in escrow. The proposed parity bond issuance for CFD No. 2024-1 is based on all 424 homes in IA1. According to Spicer Consulting Group, approximately $2.2 million in bonds could be issued.
A preliminary bond analysis prepared by Spicer Consulting reviewed valuation, delinquency history and effective tax rate to assess the viability of the issuance. The Development demonstrates a strong value-to-lien ratio of 18.16:1 -- which is substantially higher than the City’s policy threshold of 4:1 -- and an estimated average tax rate of 1.87%, which is less than the City’s 2% limit. As of March 11, 2026, there was a delinquency rate of 0.46% for the development, which is below the 5% limit established in bond covenants.
Based on current interest rates, the parity bond issuance is expected to finance approximately $1.7 million in eligible City facilities and fees. This will be the final bond issuance for IA1. The intention is to engage Ramirez & Co., who was the underwriter for the first issuance, for this parity issuance.
Table 1: Summary of CFD 2023-2 IA1, Cimarron Ridge, Activity:
Description Date
Finance Committee CFD Formation Review December 13, 2022 Resolution of Intention March 15, 2023
Resolutions of CFD Formation (City Council Approval) April 19, 2023/May 3, 2023 Change Proceeding submitted to Finance Committee
splitting CFD into Improvement Areas
September 26, 2023
Resolution of Intention July 17, 2024
Resolutions of CFD Formation (City Council Approval) August 21, 2024/ September 4, 2024
Finance Committee Issuance Consideration November 12, 2024 Issuance Resolution (City Council Approval) April 16, 2025 Bond Issuance Series 1 May 13, 2025
Finance Committee Parity Issuance Review Today
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
Item: 6.1
Item Page Number: 2
Menifee Finance Committee March 16, 2026 Page 8 of 137
City of Menifee Staff Report
Proposed Parity Bond Issuance for CFD 2023-2 Improvement Area 1 March 16, 2026
3 2
3 4
ATTACHMENTS
1. CFD 2023-2 IA1 Proforma Summary
2. CFD 2023-2 IA1 Project Map
3. CFD 2023-2 IA1 Preliminary Bond Sale Analysis
4. CFD 2023-2 Boundary Map
5. CFD 2023-2 Public Hearing Report
6. CFD 2023-2 IA1 Series 2 Bond Issuance Request
Item: 6.1
Item Page Number: 3
Menifee Finance Committee March 16, 2026 Page 9 of 137
CFD 2023-2 IA 1 (Cimarron Ridge)
Proforma Summary Sheet – Parity Bonds
Applicant: Pulte Homes
Assumptions
Description Amount
Average Coupon 5.00%
Priority Administration $46,212
Cost of Issuance $250,000
Capitalized Interest Period 0-months
Special Tax Escalation 2%
Bond Term 30 Years
Underwriter Discount 2.00%
Total Special Tax Revenues $413,939
Estimated Sources and Uses
Sources
Par Bond Amount $2,215,000
Uses
Reserve Fund $201,813
Capitalized Interest $0
Underwriter Discount $50,000
Cost of Issuance $250,000
Improvement Fund $1,713,188
Allocation of Improvement Fund
Description Eligible
Costs Funded 2025A Bonds 2026 Bonds
City Facilities $5,230,823
City Fees $5,832,202
City Premium $1,166,440
EMWD Fees & Facilities $5,243,486
Perris UHS $2,159,588
Menifee USD $1,155,966
Romoland SD $660,408
Totals $21,448,913 $3,977,820 $1,713,188
Unfunded $15,757,905
Other Items
Acreage Gross: 110.52; Net: 53.84
Development Description Detached Single Family Residential Number of Units (50 min) 412 Developed Units; 424 Total Units Estimated Home Size Range 1,959 SF to 3,961 SF
Average Home Size 2,395 SF
Average Estimated Home Price $660,908
Total Effective Tax Rate (2% Max) 1.87%
CFD Tax Rate Range $270 to $1,554
Escalation (2.00% Max) Yes, 2.00%
Maintenance CFD CFD 2017-1 Tax Zone 22A, 22B, 22C
Maintenance CFD Rate $1,184(A), $958(B & C) per Unit
Item: 6.1
Item Page Number: 4
Menifee Finance Committee March 16, 2026 Page 10 of 137
CHAMBERS AVE
MCLAUGHLIN RD
MANTLE DR
ALABAST ERLOOP
SUNCITYBLVDROUSE RD
BRANDYWINE DR
VALLEY
BLVD
BYERS RD
^_
C HAMBERS AVE
ROUSE RD
WATSON RD
MCCALL BLVD
SHERMAN RD
PALOMA WAY
PACKARD ST
MATTHEWS
RD
EVANS RD
§¨¦215
·|}þ74
CFD NO. 2023-2 (CIMARRON RIDGE)
IMPROVEMENT AREA 1
PROJECT MAP
IMPROVEMENT
AREA 1
IMPROVEMENT
AREA 2
Item: 6.1
Item Page Number: 5
Menifee Finance Committee March 16, 2026 Page 11 of 137
CITY OF MENIFEE
Community Facilities District No. 2023-2 IA 1
(Cimarron)
Preliminary Bond Analysis - Parity
As of 3/9/2026
Preliminary Bond Compliance Table
Requirement 2023-2 IA 1
1. Value to Lien(1)
4.00:1 18.16:1
2. Delinquency Levels Less than 5% 0.00%
3. Effective Tax Rate(2)
2.00% 1.78% - 1.98%
(1) Value to Lien is based upon estimated sizing information and Proposed Home Prices. (2) Range includes estimated FY 2026-27 enrollment.
1. General Information & Development Status
District Formation Date April 19, 2023
District Assessed Value
(1) N/A
Bond Structure 100% Assigned
Estimated Preliminary Par Amount(2)
$0
Preliminary Value to Lien(3)
18.16:1
(1) District Assessed Value as of 3/6/2026
(2) Par amount estimated based on estimated 5.00% Interest Rate. (3) Value to Lien is based upon estimated sizing information, Proposed Home Prices, and estimated bond amounts for EMWD and MUSD. 2/2/2026 Ownership Status As Of
Tract No. Land Owner Map Recordation
36658-1 thru -4 Pulte Home 12/23/2022
No. Lots @
Buildout
Permits Issued as of
2/2/2026
Developed
Percentage
Sold & In Escrow
to Date
Sold & Closed
to Date
Ave Monthly
Absorption
Five Month
Projection
424 Lots 412 Lots 97% 2 407 7 424 Lots
Remaining 12 Lots Projected Closed of 424 Lots 100%
Permitted of 424 Lots 97%
2. Special Tax Levy & Delinquency Status (1)
No. Parcels FY 2025-26 Levy Del. Parcels Del. Amount Del. % (1) 412 $388,632 4 $1,769 0.46%
(1) There are no delinquencies for the FY 2023-24 levy, the first year levy. (2) Delinquency information is as of 3/11/2026.
3. Bond Issuance Impact to Property Owners
Avg Home
Value(1) Ad-Valorem Tax Other Taxes CFD Tax Total Tax ETR $660,908 $7,462 $3,947 $976 $12,385 1.87%
(1) Based upon Sales Price provided by Pulte on February 2, 2026.
4. Proposed Use of Proceeds (Preliminary)
Estimated Project Fund Capacity: 9,497,623 $
Sources Total
Bond Proceeds: Par Amount 2,215,000 $
Total Sources 2,215,000 $
Uses Total
Debt Service Reserve Fund 201,813 $
Capitalized Interest -$
Underwriter's Discount 50,000 $
Cost of Issuance 250,000 $
Project Fund Proceeds 1,713,188 $
Total Uses 2,215,000$
Net Bond Funds -$
Criteria
Estimated Average Tax Bill for FY 25-26
Item: 6.1
Item Page Number: 6
Menifee Finance Committee March 16, 2026 Page 12 of 137
CITY OF MENIFEE
Community Facilities District No. 2023-2 IA 1
(Cimarron Ridge)
Tract Nos. 36658-1 thru 36658-
4 Calculation of Bond Sizing and Total Tax Rates
I. Home Prices and Combined Tax Rates:
Tax Zone
Class 1246789 1 0 1 2 1 3 1 4 1 5
Min Lot Sizes 5000 5000 5000 5000 5000 10000 10000 10000 10000 5000 5000 5000 CFD TOTAL Range of Home Sizes in Square Feet per RMA Under 2,300 to 2,701 to 3,101 to Over Under 3,350 to 3,550 to Over Under 2,300 to Over 2,300 2,500 2,900 3,300 3,300 3,350 3,550 3,750 3,750 2,300 2,600 2,600 Estimated Home Size 1,959 2,404 2,824 3,125 3,410 2,550 3,520 3,699 3,961 1,959 2,404 2,824 2,395 Estimated Home Price $596,33 6 $589,016 $632,340 $715,283 $731,919 $768,68 0 $828,361 $829,839 $871,45 4 $534,608 $559,898 $584,177 $660,908 Ad-Valorem Tax Rate (1.00%) $5,963.36 $5,890.16 $6,323.40 $7,152.83 $7,319.19 $7,686.80 $8,283.61 $8,298.39 $8,714.54 $5,346.08 $5,598.98 $ 5,841.77 $6,609.08 Metro Water West (0.00700%) $41.74 $41.23 $44.26 $50.07 $51.23 $53.81 $57.99 $58.09 $61.00 $37.42 $39.19 $40.89 $46.26 Menifee School (0.05080%) $302.94 $299.22 $321.23 $363.36 $371.81 $390.49 $420.81 $421.56 $442.70 $271.58 $284.43 $296.76 $335.74 Perris Union HS (0.06850%) $408.49 $403.48 $433.15 $489.97 $501.36 $526.55 $567.43 $568.44 $596.95 $366.21 $383.53 $400.16 $452.72 Mt. San Jacinto Jr. College (0.00268%) $15.98 $15.79 $16.95 $19.17 $19.62 $20.60 $22.20 $22.24 $23.35 $14.33 $15.01 $15.66 $17.71 Subtotal GO Bond Debt $6,732.51 $6,649.87 $7,138.99 $8,075.40 $8,263.22 $8,678.24 $9,352.03 $9,368.71 $9,838.54 $6,035.62 $6,321.13 $6,595. 24 $7,461.52 Perris Union High School District CFD 92-1 $336.2 6 $336.26 $336.26 $336.26 $336.26 $336.26 $336.26 $336.26 $336.26 $336.26 $336.26 $336.26 $336.26 Flood Control Stormwater / Cleanwater / Santa Ana $3.78 $3.78 $3.78 $3.78 $3.78 $3.78 $3.78 $3.78 $3.78 $3.78 $3.78 $3.78 $3.78 EMWD Standby $21.0 0 $21.00 $21.00 $21.00 $21.00 $21.00 $21.00 $21.00 $21.00 $21.00 $21.00 $21.00 $21.00 MWD Standby charge $6.94 $6.94 $6.94 $6.94 $6.94 $6.94 $6.94 $6.94 $6.94 $6.94 $6.94 $6.94 $6.94 Vallewide Regional Facility LMD 88-1 $5.54 $5.54 $5.54 $5.54 $5.54 $5.54 $5.54 $5.54 $5.54 $5.54 $5.54 $5.54 $5.54 Eastern Municipal Water District CFD 2018-81 $1,225.00 $1,285.00 $1,315.00 $1,315.00 $1,315.00 $1,450.00 $1,515.00 $1,515.00 $1,515.00 $1 ,700.00 $1,725.00 $1,725.00 $1,521.10 Menifee Union School District CFD 2020-1 $813.95 $889.29 $966.7 6 $1,085.62 $1,185.3 7 $889.29 $1,185.3 7 $1,235.25 $1,346.6 7 $931.74 $951.90 $990.11 $1,022.85 CFD No. 2017-1 Zone 22 - Maint Services FY 2026-27 $1,183.90 $1,183.90 $1,183.90 $1,183.90 $1,183.90 $958.24 $958.24 $958.24 $958.24 $958 .24 $958.24 $958.24 $1,029.56 CFD No. 2023-2 IA 1 - FY 2026-27 Special Tax** $850.02 $920.06 $1,018.74 $1,066.50 $1,134.42 $1,328.62 $1,464.46 $1,498.42 $1,553.60 $269 .54 $765.12 $894.58 $976.27 Subtotal Special Assessments and Taxes $4,446.38 $4,651.77 $4,857.92 $5,024.53 $5,192.21 $4,999.67 $5,496.59 $5,580.42 $5,747.03 $4,233.0 4 $4,773.78 $4,941.44 $4,923.30 Total Annual Property Taxes $11,178.90 $11,301.64 $11,996.91 $13,099.94 $13,455.43 $13,677.91 $14,848.61 $14,949.14 $15,585.57 $10,268.66 $11,094.91 $11,536.68 $12,384.82 Annual Prop. Tax Rates as % of Home Price 1.87% 1.92% 1.90% 1.83% 1.84% 1.78% 1.79% 1.80% 1.79% 1.92% 1.98% 1.97% 1.87% Unit Mix 37 25 22 26 24 25 29 30 32 58 59 57 424 (1)Total CFD - Annual Tax Collections (2% Escalator) $31,451 $23,002 $22,412 $27,729 $27,226 $33,216 $42,469 $44,953 $49,715 $15,633 $45,1 42 $50,991 $413,939 (2)Administration $46,212
Total Annual Special Taxes for Bonding
((1)Total Special Taxes - (2)Admin. / 110% Coverag $25,400 $18,576 $18,100 $22,394 $21,988 $26,825 $34,298 $36,304 $40,150 $12,625 $36,457 $41,180 $334,297 II. Total Estimated Home Square Footage: 72,483 60,100 62,128 81,250 81,840 63,750 102,080 110,970 126,752 113,622 141,836 160,968 1,177,779 III. CFD Bond Sizing & Construction Proceeds:
Bond Amount (5.00% Interest, 30 Year Term, 29 Year Amortization) $2,215,000 Underwriter Discount (2.00%) $50,000
Reserve Fund (Maximum Annual Debt Service) $201,813
Capitalized Interest (6 mos.) $0
Incidental Costs (Estimate) $250,000
Total Discount, Reserve Fund, Capitalized Interest and Incidental Costs $501,813 Net Bond Proceeds $1,713,188
12 3
Item: 6.1
Item Page Number: 7
Menifee Finance Committee March 16, 2026 Page 13 of 137
CITY OF MENIFEE
Community Facilities District No. 2023-2 IA 1
(Cimarron Ridge)
Tract Nos. 36658-1 thru 36658-4
Revenue Coverage - Assigned Tax Rate
Year
Period
Ending
Gross
Revenues
Priority
Admin
Series 2025A
Debt Service Principal Coupon Interest
Net Debt
Service
Debt
Service
Coverage
1 9/1/2027 $413,939 $46,836 $241,000 $0 5.00% $110,750 $110,750 113.86% 2 9/1/2028 $422,217 $47,773 $250,500 $0 5.00% $110,750 $110,750 111.91% 3 9/1/2029 $430,662 $48,728 $254,500 $5,000 5.00% $110,750 $115,750 110.09% 4 9/1/2030 $439,275 $49,703 $258,250 $5,000 5.00% $110,500 $115,500 113.70% 5 9/1/2031 $448,061 $50,697 $261,750 $10,000 5.00% $110,250 $120,250 112.78% 6 9/1/2032 $457,022 $51,711 $270,000 $10,000 5.00% $109,750 $119,750 112.99% 7 9/1/2033 $466,162 $52,745 $272,750 $15,000 5.00% $109,250 $124,250 113.21% 8 9/1/2034 $475,485 $53,800 $280,250 $15,000 5.00% $108,500 $123,500 114.52% 9 9/1/2035 $484,995 $54,876 $287,250 $20,000 5.00% $107,750 $127,750 111.84% 10 9/1/2036 $494,695 $55,973 $293,750 $25,000 5.00% $106,750 $131,750 110.04% 11 9/1/2037 $504,589 $57,093 $294,750 $30,000 5.00% $105,500 $135,500 112.73% 12 9/1/2038 $514,681 $58,235 $300,500 $35,000 5.00% $104,000 $139,000 112.19% 13 9/1/2039 $524,974 $59,399 $310,750 $35,000 5.00% $102,250 $137,250 112.81% 14 9/1/2040 $535,474 $60,587 $315,250 $40,000 5.00% $100,500 $140,500 113.62% 15 9/1/2041 $546,183 $61,799 $324,250 $45,000 5.00% $98,500 $143,500 111.59% 16 9/1/2042 $557,107 $63,035 $327,500 $50,000 5.00% $96,250 $146,250 113.90% 17 9/1/2043 $568,249 $64,296 $335,250 $55,000 5.00% $93,750 $148,750 113.41% 18 9/1/2044 $579,614 $65,582 $342,250 $65,000 5.00% $91,000 $156,000 110.12% 19 9/1/2045 $591,206 $66,893 $348,500 $70,000 5.00% $87,750 $157,750 111.45% 20 9/1/2046 $603,031 $68,231 $354,000 $75,000 5.00% $84,250 $159,250 113.53% 21 9/1/2047 $615,091 $69,596 $363,750 $80,000 5.00% $80,500 $160,500 113.24% 22 9/1/2048 $627,393 $70,988 $367,500 $90,000 5.00% $76,500 $166,500 113.46% 23 9/1/2049 $639,941 $72,408 $375,500 $100,000 5.00% $72,000 $172,000 111.65% 24 9/1/2050 $652,740 $73,856 $382,500 $110,000 5.00% $67,000 $177,000 110.95% 25 9/1/2051 $665,794 $75,333 $393,500 $115,000 5.00% $61,500 $176,500 111.59% 26 9/1/2052 $679,110 $76,839 $403,250 $120,000 5.00% $55,750 $175,750 113.24% 27 9/1/2053 $692,693 $78,376 $406,750 $135,000 5.00% $49,750 $184,750 112.35% 28 9/1/2054 $706,546 $79,944 $419,250 $145,000 5.00% $43,000 $188,000 110.29% 29 9/1/2055 $720,677 $81,543 $425,250 $155,000 5.00% $35,750 $190,750 112.13% 30 9/1/2056 $735,091 $83,173 $0 $560,000 5.00% $28,000 $588,000 110.87% Total $16,792,698 $1,900,047 $9,460,250 $2,215,000 $2,628,500 $4,843,500 307.48% Item: 6.1
Item Page Number: 8
Menifee Finance Committee March 16, 2026 Page 14 of 137
CITY OF MENIFEE
Community Facilities District No. 2023-2 IA 1
(Cimarron Ridge)
Tract Nos. 36658-1 thru 36658-4
Use of Bond Proceeds
IA 1 and 2
756 Lots 424 Lots
FUNDING REQUIREMENTS Per Lot Total IA 1
City Fees
Law Enforcement $1,390 $1,050,840 $589,360
Fire Facility $647 $489,132 $274,328
Circulation $7,090 $5,360,040 $3,006,160
Circulation Fee Credits ($2,588) ($1,956,866) ($1,097,502) General Government $1,176 $889,056 $498,624
Park Improvements $1,723 $1,302,588 $730,552
Park Improvement Fee Credit ($1,723) ($1,302,588) ($730,552) Subtotal DIF $7,715 $5,832,202 $3,270,970
City Premium $1,543 $1,166,440 $654,194
Total City Fees $9,257 $6,998,642 $3,925,165
City Facilities
City Traffic Signals $1,710 $1,292,870 $542,568
McLaughlin Street $1,506 $1,138,721 $477,877
Park Improvements $3,220 $2,434,493 $1,021,663
Design, Planning, & Engineering $482 $364,739 $153,067
Total City Facilities $6,919 $5,230,823 $2,195,175
Total City Fees and Facilities $16,177 $12,229,465 $6,120,340 EWMD Fees
Water Financial Participation $6,845 $5,174,820 $2,902,280 Sewer Financial Participation $3,208 $2,425,248 $1,360,192 Sewer Treatment Plant Capacity Charge $6,081 $4,597,236 $2,578,344 Water Supply Development Fee $377 $285,012 $159,848
Meter Fee $372 $281,232 $157,728
Irrigation Meter Fees 1.5" (Qty: 6 Meters) $247 $186,420 $104,553 Less: Estimated EMWD CFD Funding ($15,075) ($11,396,492) ($6,391,683) Total EMWD Fees $1,832 $1,553,476 $871,262
EMWD Facilities
Water Tank Improvements $4,244 $3,208,704 $1,173,961
Design, Planning, & Engineering (15%) $637 $481,306 $176,094 Total EMWD Facilities $4,881 $3,690,010 $1,350,056
Total EMWD Fees and Facilities $6,936 $5,243,486 $2,221,317 School District Fees
Perris Union High School $2,857 $2,159,588 $1,211,198
Menifee Union School District $1,529 $1,155,966 $648,320 Romoland School District $874 $660,408 $370,388
Total School District Fees $5,259 $3,975,962 $1,018,707 Total Cost $28,372 $21,448,913 $9,360,364
2025 Series Bonds Project Funds $3,977,820
Potential 2026 Project Funds Available $13,443,333 $1,713,188 Total Potential Project Funds Available $13,443,333 $5,691,007 ALLOCATION OF PROCEEDS % Per Lot Total IA 1
City Premium 9% $1,543 $1,166,440 $654,194
City Fees 43% $7,715 $5,832,202 $3,270,970
City Facilities 39% $6,919 $5,230,823 $1,765,842
EMWD Fees 9% $1,606 $1,213,868 $0
EMWD Facilities 0% $0 $0 $0
School District Fees 0% $0 $0 $0
Total Funded by Bond Proceeds 100% $17,782 $13,443,333 $5,691,007
UNFUNDED REQUIREMENTS
Total to be Funded by Developer $8,005,580
Item: 6.1
Item Page Number: 9
Menifee Finance Committee March 16, 2026 Page 15 of 137
CHAMBE
RS A
VE
GOETZ
RD
VALLEY
BLVD
SOTELO
RD
ROUS
E RD
TR
OY LN
BYERSRD
COMMUNITY FACILITIES DISTRICT NO. 2023-2
(CIMARRON RIDGE)
OF THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 1 OF 3 SHEETS
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2023-2
(CIMARRON RIDGE), OF THE CITY OF MENIFEE, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL
OF THE CITY OF MENIFEE AT A REGULAR MEETING
THEREOF, HELD ON ______ DAY OF ______, 20____,
B Y R E S O L U T I O N N O . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___________________________________
CITY CLERK
C I T Y O F M E N I F E E
FILED IN THE OFFICE OF THE CITY CLERK, CITY OF MENIFEE, THIS ____ DAY OF ________, 20____.
______________________________
C I T Y C L E RK
C I T Y O F M E N I F E E
RECORDED THIS ____ DAY OF _______________, 20____ AT
THE HOUR OF ____ O'CLOCK __M IN BOOK _____
PAGE _____ OF MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY
RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA.
FEE: _____________ NO.: ______________________
PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
BY: _______________________________
DEPUTY
CFD 2023-2
\_
·|}þ74·|}þ74
§¨¦215
MENIFEE
THIS BOUNDARY MAP CORRECTLY SHOWS THE BOUNDARIES
OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS
CONCERNING THE LINES AND DIMENSIONS OF LOTS OR
PARCEL REFER TO THE COUNTY ASSESSOR'S MAPS FOR
FISCAL YEAR 2022-23.
01 , 0 0 0 2 , 0 0 0500 Feet
-
PROPOSED BOUNDARY MAP
IMPROVEMENT
AREA 2
(SHEET 3)
IMPROVEMENT
AREA 1
(SHEET 2)
MCLAUGHLIN RD
LEGEND
PARCEL LINE
IMPROVEMENT AREA BOUNDARY
CFD BOUNDARY
CITY BOUNDARY
Item: 6.1
Item Page Number: 10
Menifee Finance Committee March 16, 2026 Page 16 of 137
335-070-054
335-070-056
335-070-058
335-070-055
335-070-057
335-430-028
335-430-027
CH
AMBERS AV
E
GOETZ
RD
VALLEY
BLVD
SOTELO
RD
ROUSE
RD
COMMUNITY FACILITIES DISTRICT NO. 2023-2
(CIMARRON RIDGE)
OF THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 2 OF 3 SHEETS
07 5 0 1 , 5 0 0 375 Feet
-
PROPOSED BOUNDARY MAP
1 1
2 3
IMPROVEMENT AREA 1
XXX-XXX-XXX ASSESSOR PARCEL NUMBER
LEGEND
TAX ZONE BOUNDARY
TAX ZONE
Item: 6.1
Item Page Number: 11
Menifee Finance Committee March 16, 2026 Page 17 of 137
MCLAUGHLIN RD
330-220-017
330-230-043
330-220-01
8 330-230-044
330-230-045
330-220-016
330-220-019
330-230-042
GOETZRD
GOLDENROD
AVE
ROUSE RD
TRO
Y LN
BYERSRD
COMMUNITY FACILITIES DISTRICT NO. 2023-2
(CIMARRON RIDGE)
OF THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 3 OF 3 SHEETS
0 750 1,500 375 Feet
-
PROPOSED BOUNDARY MAP
1 1
3 2
IMPROVEMENT AREA 2
XXX-XXX-XXX ASSESSOR PARCEL NUMBER
LEGEND
TAX ZONE BOUNDARY
TAX ZONE
Item: 6.1
Item Page Number: 12
Menifee Finance Committee March 16, 2026 Page 18 of 137
CITY OF MENIFEE
Public Hearing Report
COMMUNITY F ACILIT IES DISTRICT NO. 2023-2
(CIMARRON RIDGE)
APRIL 19, 2023
Item: 6.1
Item Page Number: 13
Menifee Finance Committee March 16, 2026 Page 19 of 137
1 Introduction Page | 1
City of Menifee
CFD No. 2023-2 (Cimarron Ridge)
Public Hearing Report
Background
On March 15, 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. 2023-2 (Cimarron Ridge) Improvement Areas 1 and 2 of the City of Menifee (“CFD No. 2023-2” or “District”), Resolution No. 23-1296, 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”).
The District is currently comprised of 15 parcels and approximately 209 gross acres to include a total of 756 residential properties at buildout. There are two separate Improvement Ar eas included within the boundaries of CFD No. 2023-2.
Improvement Area 1 includes three separate Tax Zones, Tax Zo nes 1 (134 Lots), 2 (116 Lots), and 3 (174 Lots) inclusive of Tract Maps TR 36658-1, TR 36658-2, TR 36658-3, and TR 36658-4 to include a total of 424 proposed detached residential properties at build-out. Improvement Area 2 includes also includes three separate Tax Zones, Tax Zones 1 (11 Lots), 2 (247 Lots), and 3 (74 Lots) inclusive of Tract Maps TR 36658-4, TR 36658-5, TR 36658-6, and TR 36658-7 to include a total of 332 proposed detached residential properties at build-out. The property is located south of McLaughlin, east of Goetz Road, west of Byers Road, and north of Chambers Avenue.
For a map showing the boundaries of CFD No. 2023-2 please see Appendix C.
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. 2023-2;
2. A brief description of the Facilities required at the time of formation to meet the needs of CFD No. 2023-2.
3. A brief description of the Boundaries of CFD No. 2023-2; 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 D.
Item: 6.1
Item Page Number: 14
Menifee Finance Committee March 16, 2026 Page 20 of 137
2 Description of Facilities Page | 2
City of Menifee
CFD No. 2023-2 (Cimarron Ridge)
Public Hearing Report
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 pu rchase, construction, expansion, or reha bilitation 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- 2 and financed with the proceeds of special taxes and bonds issued by CFD No. 2023-2 consist of the construction, purchase, modification, rehabilitation, expansion and/or improvement of (i) drainage, library, park, roadway, traffic, administration and general go vernment 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 th e acquisition of capa city in the sewer system and/or water system of the 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, Romoland School District and Perris Union High School District, including classrooms, multi-purpose facilities, administration and auxiliary space at school fac ilities, 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 together, with the City Facilities and the Water Facilities, the “Facilities”), and all appurtenances and appurtenant work in connec tion 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) The cost of engineering, planning and designing the Facilities; and 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.
All costs associated with the creation of CFD No. 2023-2, 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. 2023-2, including legal fees, fees of consultants, engineering, planning, designing and the annual costs to administer CFD No. 2023-2 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. 2023-2.
Item: 6.1
Item Page Number: 15
Menifee Finance Committee March 16, 2026 Page 21 of 137
3 Cost Estimate Page | 3
City of Menifee
CFD No. 2023-2 (Cimarron Ridge)
Public Hearing Report
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- 2 Bonds is estimated to be $5,460,657 for Improvement Area 1 and $7,982,676 for Improvement Area 2 based upon current dollars (Fiscal Year 2022-23).
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. 2023-2 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. 2023-2 are estimated to be $30,000 per Improvement Area 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 Total Cost
IA 1
Bond Allocation(1)
IA 2
Bond Allocation(1)
Total
Allocation
Law Enforcement $1,050,840 $589,360 $461,480 $1,050,840 Fire Facility $489,132 $274,328 $214,804 $489,132
Circulation $5,360,040 $3,006,160 $2,353,880 $5,360,040 Less: Circulation Fee Credits ($1, 956,866) ($1,097,502) ($859,364) ($1,956,866) General Government $889,056 $498,624 $390,432 $889,056 Park Improvements $1,302,588 $730,552 $572,036 $1,302,588 Less: Park Improvement Fee Credit ($1,302,588) ($730,552) ($572,036) ($1,302,588) City Facilities $1,166,440 654194 $512,246 $1,166,440 Total City Fees $6,998,642 $3,925,165 $3,073,478 $6,998,642
City Facilities Total Cost
IA 1
Bond Allocation(1)
IA 2
Bond Allocation(1)
Total
Allocation
City Traffic Signals $1,292,870 $542,568 $750,302 $1,292,870 McLaughlin Street $1,138,721 $477,877 $660,844 $1,138,721 Park Improvements $2,434,493 $506,616 $1,412,830 $1,919,446 Design, Planning, & Engineering $364,739 $0 $211,672 $211,672 Total City Facilities $5,230,823 $1,535,492 $3,035,648 $4,571,140
Total City Fees and Facilities $12,229,465 $5,460,657 $6,109,125 $11,569,782
Eastern Municipal Water District Fees Total Cost
IA 1
Bond Allocation(1)
IA 2
Bond Allocation(1)
Total
Allocation
Water Financial Participation $5,174,820 $0 $2,272,540 $2,272,540 Sewer Financial Participation $2,425,248 $0 $1,065,056 $1,065,056 Sewer Treatment Plant Capacity Charge $4,597,236 $0 $2,018,892 $2,018,892 Water Supply Development Fee $285,012 $0 $125,164 $125,164 Meter Fee $281,232 $0 $123,504 $123,504
Irrigation Meter Fees 1.5" (Qty: 6 Meters) $186,420 $0 $81,867 $81,867 Less: Estimated EMWD CFD Funding ($11,396,492) $0 ($5,004,809) ($5,004,809) Total EMWD Fees $1,553,476 $0 $682,214 $682,214
Item: 6.1
Item Page Number: 16
Menifee Finance Committee March 16, 2026 Page 22 of 137
3 Cost Estimate Page | 4
City of Menifee
CFD No. 2023-2 (Cimarron Ridge)
Public Hearing Report
Table 3-1 (Cont’d)
Cost Estimate
Eastern Municipal Water District Facilities Total Cost
IA 1
Bond Allocation(1)
IA 2
Bond Allocation(1)
Total
Allocation
Water Tank Improvements $3,208,704 $0 $1,191,336 $1,191,336 Design, Planning, & Engineering (15%) $481,306 $0 $0 $0 Total EMWD Facilities $3,690,010 $0 $1,191,336 $1,191,336
School District Fees Total Cost
IA 1
Bond Allocation(1)
IA 2
Bond Allocation(1)
Total
Allocation
Perris Union High School $2,159,588 $0 $0 $0
Menifee Union School District $1,155,966 $0 $0 $0
Romoland School District $660,408 $0 $0 $0
Total School District Fees $3,975,962 $0 $0 $0
Total Eligible Fees/Improvements $21,448,913 $5,460,657 $7,982,676 $13,443,333 Incidental Financing Costs $1,099,343 $1,517,324 $2,616,667 Total Funded by Bond Proceeds $6,560,000 $9,500,000 $16,060,000
Total Funded by Developer $8,005,580
(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.
Item: 6.1
Item Page Number: 17
Menifee Finance Committee March 16, 2026 Page 23 of 137
4 Proposed Development Page | 5
City of Menifee
CFD No. 2023-2 (Cimarron Ridge)
Public Hearing Report
The CFD No. 2023-2 includes approximately 209 gross acres to include a total of 756 residential properties at buildout. The District is made up of two separate Improvement Areas includ ed within the boundaries of CFD No. 2023-2. Improvement Area 1 includes three separate Tax Zones, Tax Zones 1 (134 Lots), 2 (116 Lots), and 3 (174 Lots) inclusive of Tract Maps TR 36658-1, TR 36658-2, TR 36658-3, and TR 36658-4 to in clude a total of 424 proposed detached residential properties at build-out. Improvement Area 2 includes also includes thre e separate Tax Zones, Tax Zones 1 (11 Lots), 2 (247 Lots), and 3 (74 Lots) inclusive of Tract Maps TR 36658-4, TR 36658-5, TR 36658-6, and TR 36658-7 to include a total of 332 proposed detached residential properties at build-out. The property is located south of McLaughlin, east of Goetz Road, west of Byers Road, and north of Chambers Avenue.
As of Fiscal Year 2022-23 the proposed CFD No. 2023-2 includes the following Assessor's Parcel Numbers:
Assessor’s Parcel
Number
Assessor’s Parcel
Number
Assessor’s Parcel
Number
330-220-016 330-230-043 335-070-056
330-220-017 330-230-044 335-070-057
330-220-018 330-230-045 335-070-058
330-220-019 335-070-054 335-430-027
330-230-042 335-070-055 335-430-028
A map showing the boundaries of CFD No. 2023-2 is included in Appendix C.
Item: 6.1
Item Page Number: 18
Menifee Finance Committee March 16, 2026 Page 24 of 137
5 Rate and Method of Apportionment Page | 6
City of Menifee
CFD No. 2023-2 (Cimarron Ridge)
Public Hearing Report
The Rate and Method of Apportionment allows each property owner within CFD No. 2023-2 Improvement Area 1 and Improvement Area 2 are to estimate the annual Special Tax amount that would be required for payment. The Rate and Method of Apportionment of the Special Taxes established pursuant to these proceedings, is attached hereto as Appendix A and Appendix B (the “Rate and Methods”). 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. 2023-2, and provided further that CFD No. 2023-2 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. 2023-2, unless exempted by law or by the Rate and Methods proposed for CFD No. 2023-2, shall be taxed for the purpose of providing necessary facilities to serve the District. The Boundary Map for CFD No. 2023-2 is attached hereto as Appendix C. 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 co st 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 Articl e 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 Methods (“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. 2023-2 for uncollected Special Taxes associated with the levy of such Special Taxes, but the Special Tax shall not be levied after 2069-70 Fiscal Year.
Table 5-1
Assigned Special Tax for Developed Property for Improvement Area 1 – Tax Zone 1 Fiscal Year 2022-23
Land Use Category
Taxable
Unit Building Square Footage
Assigned Special
Tax Per Taxable
Unit
1. Single Family Residential Property RU Less than 2,300 sq. f t $801.00
2. Single Family Residential Property RU 2,300 sq. ft to 2,500 sq. f t $867.00
3. Single Family Residential Property RU 2,501 sq. ft to 2,700 sq. f t $914.00
4. Single Family Residential Property RU 2,701 sq. ft to 2,900 sq. f t $960.00
5. Single Family Residential Property RU 2,901 sq. ft to 3,100 sq. f t $983.00
6. Single Family Residential Property RU 3,101 sq. ft to 3,300 sq. f t $1,005.00
7. Single Family Residential Property RU Greater than 3,300 sq. f t $1,069.00
8. Multifamily Property Acre N/A $5,931.00
9. Non-Residential Property Acre N/A $5,931.00
Item: 6.1
Item Page Number: 19
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5 Rate and Method of Apportionment Page | 7
City of Menifee
CFD No. 2023-2 (Cimarron Ridge)
Public Hearing Report
Table 5-2
Assigned Special Tax for Developed Property for Improvement Area 1 – Tax Zone 2 Fiscal Year 2022-23
Land Use Category
Taxable
Unit Building Square Footage
Assigned Special
Tax Per Taxable
Unit
1. Single Family Residential Property RU Less than 3,350 sq. f t $1,252.00
2. Single Family Residential Property RU 3,350 sq. ft to 3,550 sq. f t $1,380.00
3. Single Family Residential Property RU 3,551 sq. ft to 3,750 sq. f t $1,412.00
4. Single Family Residential Property RU Greater than 3,750 sq. f t $1,464.00
5. Multifamily Property Acre N/A $5,949.00
6. Non-Residential Property Acre N/A $5,949.00
Table 5-3
Assigned Special Tax for Developed Property for Improvement Area 1 – Tax Zone 3 Fiscal Year 2022-23
Land Use Category
Taxable
Unit Building Square Footage
Assigned Special
Tax Per Taxable
Unit
1. Single Family Residential Property RU Less than 2,300 sq. f t $254.00
2. Single Family Residential Property RU 2,300 sq. ft to 2,600 sq. f t $721.00
3. Single Family Residential Property RU Greater than 2,600 sq. f t $843.00
4. Multifamily Property Acre N/A $4,098.00
5. Non-Residential Property Acre N/A $4,098.00
Table 5-4
Assigned Special Tax for Developed Property for Improvement Area 2 – Tax Zone 1 Fiscal Year 2022-23
Land Use Category
Taxable
Unit Building Square Footage
Assigned Special
Tax Per Taxable
Unit
1. Single Family Residential Property RU Less than 2,300 sq. f t $1,617.00
2. Single Family Residential Property RU Greater than 2,300 sq. f t $1,920.00
3. Multifamily Property Acre N/A $9,661.00
4. Non-Residential Property Acre N/A $9,661.00
Item: 6.1
Item Page Number: 20
Menifee Finance Committee March 16, 2026 Page 26 of 137
5 Rate and Method of Apportionment Page | 8
City of Menifee
CFD
No. 2023-2 (Cimarron Ridge)
Public Hearing Report
Table 5-5
Assigned Special Tax for Developed Property for Improvement Area 2 – Tax Zone 2 Fiscal Year 2022-23
Land Use Category
Taxable
Unit Building Square Footage
Assigned Special
Tax Per Taxable
Unit
1. Single Family Residential Property RU Less than 1,700 sq. ft $1,543.00
2. Single Family Residential Property RU 1,700 sq. ft to 1,900 sq. ft $1,625.00
3. Single Family Residential Property RU 1,901 sq. ft to 2,100 sq. ft $1,749.00
4. Single Family Residential Property RU 2,101 sq. ft to 2,300 sq. ft $1,816.00
5. Single Family Residential Property RU Greater than 2,300 sq. ft $1,873.00
6. Multifamily Property Acre N/A $11,722.00
7. Non-Residential Property Acre N/A $11,722.00
Table 5-6
Assigned Special Tax for Developed Property for Improvement Area 2 – Tax Zone 3 Fiscal Year 2022-23
Land Use Category
Taxable
Unit Building Square Footage
Assigned Special
Tax Per Taxable
Unit
1. Single Family Residential Property RU Less than 2,500 sq. ft $1,681.00
2. Single Family Residential Property RU 2,500 sq. ft to 2,700 sq. ft $1,753.00
3. Single Family Residential Property RU 2,701 sq. ft to 2,900 sq. ft $1,790.00
4. Single Family Residential Property RU 2,901 sq. ft to 3,100 sq. ft $1,826.00
5. Single Family Residential Property RU 3,101 sq. ft to 3,300 sq. ft $1,848.00
6. Single Family Residential Property RU Greater than 3,300 sq. ft $1,869.00
7. Multifamily Property Acre N/A $8,853.00
8. Non-Residential Property Acre N/A $8,853.00
Escalation of Speci
al 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 Methods for CFD No. 2023-2, see the attached and incorporated in Appendix A and B.
Item: 6.1
Item Page Number: 21
Menifee Finance Committee March 16, 2026 Page 27 of 137
6 Certifications Page | 9
City of Menifee
CFD No. 2023-2 (Cimarron Ridge)
Public Hearing Report
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- 2 and benefits the lands within said CFD No. 2023-2. 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: April 19, 2023 SPICER CONSULTING GROUP, LLC
__________________________
SHANE SPICER
SPECIAL TAX CONSULTANT FOR
CITY OF MENIFEE
RIVERSIDE COUNTY
STATE OF CALIFORNIA
Item: 6.1
Item Page Number: 22
Menifee Finance Committee March 16, 2026 Page 28 of 137
APPENDIX A
Rate and Method of Apportionment
for Improvement Area 1
Item: 6.1
Item Page Number: 23
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City of Menifee
Community Facilities District No. 2023‐2 (Cimarron Ridge) Page 1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2023‐2 (CIMARRON RIDGE) OF THE CITY OF MENIFEE
IMPROVEMENT AREA NO. 1
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of Improvement Area No. 1 Community Facilities District No. 2023‐2 (Cimarron Ridge) of the City of Menifee ("CFD No. 2023‐2 IA 1").
The amount of Special Tax to be levied in each Fiscal Year on an Assessor’s Parcel shall be determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2023‐2 IA 1, by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that
shares an Assessor’s Parcel with a 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. 2023‐2 IA 1: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2023‐2 IA 1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2023‐2 IA 1 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2023‐2 IA 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. 2023‐2 IA 1 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2023‐2 IA 1 for any other administrative purposes of CFD No. 2023‐2 IA 1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
Item: 6.1
Item Page Number: 24
Menifee Finance Committee March 16, 2026 Page 30 of 137
City of Menifee
Community Facilities District No. 2023‐2 (Cimarron Ridge) Page 2
"Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, (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 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below.
"Backup Special Tax" means the Special Tax of that name described in Section D below.
"Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD.
"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent
building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied 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. 2023‐2 IA 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" means the period commencing January 1 of any year and ending the following December
31. “CFD” or "CFD No.
2023‐2" means Community Facilities District No. 2023‐2 (Cimarron Ridge) 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. 2023‐2
IA 1" means Improvement Area No. 1 of CFD No. 2023‐2 as identified on the boundary map for CFD No. 2023‐2.
"CFD No. 2023‐2 IA 1 Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long‐term leases, loans from government agencies, or Item: 6.1
Item Page Number: 25
Menifee Finance Committee March 16, 2026 Page 31 of 137
City of Menifee
Community Facilities District No. 2023‐2 (Cimarron Ridge) Page 3
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. 2023‐2 IA 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. 2023‐2 IA 1.
“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 1st 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 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment,
pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 4285 that creates individual lots for which Building Permits may be issued without further subdivision.
"Fiscal Year" means the period commencing on July 1st of any year and ending the following June 30th.
“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2023‐2 IA 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, Table 2, and Table 3 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. 2023‐2 IA 1 in any Fiscal Year on such Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator.
"Non‐Residential Property" or “NR” means all Assessor's Parcels for which a building permit(s) was issued or will be issued for a non‐residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2.
Item: 6.1
Item Page Number: 26
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City of Menifee
Community Facilities District No. 2023‐2 (Cimarron Ridge) Page 4
"Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.
“Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property, or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property, or Provisional Undeveloped Property, as applicable.
"Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F.
"Rate and Method of Apportionment" means this Rate and Method of Apportionment of Special Tax for CFD No. 2023‐2 IA 1.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more Residential Units.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one
or more persons, as determined by the CFD Administrator. 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. 2023‐2 IA 1 pursuant to the Act to fund the Special Tax Requirement.
"Special Tax Requirement" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding CFD No. 2023‐2 IA 1 Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to replenish any reserve funds established in association with the CFD No. 2023‐2 IA 1 Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax delinquencies, (vi) for debt service on CFD No. 2023‐2 IA 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. 2023‐2 IA 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. 2023‐2 IA 1 Bonds pursuant to the Indenture.
“Tax Zone(s)” means the geographical area(s) within CFD No. 2023‐2 IA 1 identified as Tax Zone 1, Tax Zone 2, or Tax Zone 3 as shown on the Boundary Map.
Item: 6.1
Item Page Number: 27
Menifee Finance Committee March 16, 2026 Page 33 of 137
City of Menifee
Community Facilities District No. 2023‐2 (Cimarron Ridge) Page 5
“Tax Zone 1” means all property located within CFD No. 2023‐2 IA 1 and on the Boundary Map as Tax Zone 1.
“Tax Zone 2” means all property located within CFD No. 2023‐2 IA 1 and on the Boundary Map as Tax Zone 2.
“Tax Zone 3” means all property located within CFD No. 2023‐2 IA 1 and on the Boundary Map as Tax Zone 3.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2023‐2 IA 1, which are not Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre.
“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property.
B. SPECIAL TAX
Commencing Fiscal Year 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. 2023‐2 IA 1 shall be classified as Taxable
Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. 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, Tax Zone 2, or Tax Zone 3.
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 Item: 6.1
Item Page Number: 28
Menifee Finance Committee March 16, 2026 Page 34 of 137
City of Menifee
Community Facilities District No. 2023‐2 (Cimarron Ridge) Page 6
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
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, Table 2, and Table 3 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, Table 2, and Table 3 below.
TABLE 1
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 1
(FISCAL YEAR 2023‐2024)
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax Per
Taxable Unit
1. Single Family Residential Property RU Less than 2,300 sq. ft $801.00
2. Single Family Residential Property RU 2,300 sq. ft to 2,500 sq. ft $867.00
3. Single Family Residential Property RU 2,501 sq. ft to 2,700 sq. ft $914.00
4. Single Family Residential Property RU 2,701 sq. ft to 2,900 sq. ft $960.00
5. Single Family Residential Property RU 2,901 sq. ft to 3,100 sq. ft $983.00
6. Single Family Residential Property RU 3,101 sq. ft to 3,300 sq. ft $1,005.00
7. Single Family Residential Property RU Greater than 3,300 sq. ft $1,069.00
8. Multifamily Property Acre N/A $5,931.00
9. Non‐Residential Property Acre N/A $5,931.00
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.
Item: 6.1
Item Page Number: 29
Menifee Finance Committee March 16, 2026 Page 35 of 137
City of Menifee
Community Facilities District No. 2023‐2 (Cimarron Ridge) Page 7
TABLE 2
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 2
(FISCAL YEAR 2023‐2024)
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax Per
Taxable Unit
1. Single Family Residential Property RU Less than 3,350 sq. ft $1,252.00
2. Single Family Residential Property RU 3,350 sq. ft to 3,550 sq. ft $1,380.00
3. Single Family Residential Property RU 3,551 sq. ft to 3,750 sq. ft $1,412.00
4. Single Family Residential Property RU Greater than 3,750 sq. ft $1,464.00
5. Multifamily Property Acre N/A $5,949.00
6. Non‐Residential Property Acre N/A $5,949.00
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.
TABLE 3
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 3
(FISCAL YEAR 2023‐2024)
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax Per
Taxable Unit
1. Single Family Residential Property RU Less than 2,300 sq. ft $254.00
2. Single Family Residential Property RU 2,300 sq. ft to 2,600 sq. ft $721.00
3. Single Family Residential Property RU Greater than 2,600 sq. ft $843.00
4. Multifamily Property Acre N/A $4,098.00
5. Non‐Residential Property Acre N/A $4,098.00
On each July 1, commencing July 1, 2024, the Assigned Special Tax rate for Developed Property in Tax Zone 3 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:
Item: 6.1
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City of Menifee
Community Facilities District No. 2023‐2 (Cimarron Ridge) Page 8
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
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 4 below:
TABLE 4
MAXIMUM SPECIAL TAX PER ACRE
(FISCAL YEAR 2023‐2024)
Tax Zone
Maximum Special Tax
per Acre
1 $5,931
2 $5,949
3 $4,098
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 Residential 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 $5,931 per Acre for Tax Zone 1, $5,949 per Acre for Tax Zone 2, and $4,098 per Acre for Tax Zone 3.
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.
Item: 6.1
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City of Menifee
Community Facilities District No. 2023‐2 (Cimarron Ridge) Page 9
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 $5,931 per Acre for Tax Zone 1, $5,949 per Acre for Tax Zone 2, and $4,098 per Acre for Tax Zone 3, 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.
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 first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property
at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Step Three: 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.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax levy on each Assessor's Parcel of Developed Property for which the Maximum Special Tax is the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.
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F. EXEMPTIONS
The City shall classify as Exempt Property, in the following order of priority, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the total Acreage of all Taxable Property to less than the amounts shown in Table 5 below.
TABLE 5
MINIMUM TAXABLE ACRES
Tax Zone Acres
1 22.00
2 28.40
3 27.21
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 5 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 5 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 $6,000,000 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. 2023‐2 IA 1, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more CFD No. 2023‐2 IA 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. 2023‐2 IA 1.
“Construction Inflation Index” means the annual percentage change in the Engineering News‐Record Building Cost Index for the City of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall Item: 6.1
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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. 2023‐2 IA 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. 2023‐2 IA 1 Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.
1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued and (iv) Assessor’s Parcels of Public Property or Provisional Undeveloped Property that are not Exempt Property pursuant to Section F. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non‐refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non‐refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Outstanding Bonds to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.
2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Item: 6.1
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Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property, or Provisional Undeveloped Property compute the Maximum Special Tax for the Assessor’s Parcel.
3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid.
4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).
5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding
Bonds to be redeemed (the “Redemption Premium”).
6. Determine the Future Facilities Costs.
7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”).
8. Determine the amount needed
to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which 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 Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be
redeemed with the Prepayment Amount.
11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).
12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to
invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).
13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the Item: 6.1
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redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.
14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.
15. From the Prepayment
Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by CFD No. 2023‐2 IA 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 Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied 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 Item: 6.1
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F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non‐refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non‐refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.
With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the
Assessor’s Parcel and that a portion of the Maximum Special Tax obligation equal to the remaining percentage (1.00 ‐ F) of the Maximum Special Tax obligation will continue to be levied on the Assessor’s Parcel pursuant to Section E.
H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any CFD No. 2023‐2 IA 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 2069‐2070 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2023‐2 IA 1 Bonds have been paid; (ii) all authorized facilities of CFD No. 2023‐2 IA 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. 2023‐2 IA 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. 2023‐2 IA 1 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously
levied must be paid on or before the payment date
established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator Item: 6.1
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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.
Item: 6.1
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APPENDIX B
Rate and Method of Apportionment
for Improvement Area 2
Item: 6.1
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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2023‐2 (CIMARRON RIDGE) OF THE CITY OF MENIFEE
IMPROVEMENT AREA NO. 2
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of Improvement Area No. 2 Community Facilities District No. 2023‐2 (Cimarron Ridge) of the City of Menifee ("CFD No. 2023‐2 IA 2").
The amount of Special Tax to be levied in each Fiscal Year on an Assessor’s Parcel shall be determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2023‐2 IA 2, by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.
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. 2023‐2 IA 2: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2023‐2 IA 2 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2023‐2 IA 2 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2023‐2 IA 2 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. 2023‐2 IA 2 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2023‐2 IA 2 for any other administrative purposes of CFD No. 2023‐2 IA 2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
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"Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, (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 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below.
"Backup Special Tax" means the Special Tax of that name described in Section D below.
"Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD.
"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent
building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied 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. 2023‐2 IA 2 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" means the period commencing January 1 of any year and ending the following December
31. "CFD” or “CFD No.
2023‐2" means Community Facilities District No. 2023‐2 (Cimarron Ridge) 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. 2023‐2
IA 2" means Improvement Area No. 2 of CFD No. 2023‐2 as identified on the boundary map for CFD No. 2023‐2.
"CFD No. 2023‐2 IA 2 Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long‐term leases, loans from government agencies, or Item: 6.1
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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. 2023‐2 IA 2 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. 2023‐2 IA 2.
“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 1st 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 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment,
pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 4285 that creates individual lots for which Building Permits may be issued without further subdivision.
"Fiscal Year" means the period commencing on July 1st of any year and ending the following June 30th.
“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2023‐2 IA 2 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, Table 2, and Table 3 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. 2023‐2 IA 2 in any Fiscal Year on such Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator.
"Non‐Residential Property" or “NR” means all Assessor's Parcels for which a building permit(s) was issued or will be issued for a non‐residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2.
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"Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.
“Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property, or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property, or Provisional Undeveloped Property, as applicable.
"Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F.
"Rate and Method of Apportionment" means this Rate and Method of Apportionment of Special Tax for CFD No. 2023‐2 IA 2.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more Residential Units.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. 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. 2023‐2 IA 2 pursuant to the Act to fund the Special Tax Requirement.
"Special Tax Requirement" means the amount required in any Fiscal Year to pay:
(i) the debt service or
the periodic costs on all outstanding CFD No. 2023‐2 IA 2 Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to replenish any reserve funds established in association with the CFD No. 2023‐2 IA 2 Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax delinquencies, (vi) for debt service on CFD No. 2023‐2 IA 2 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. 2023‐2 IA 2, 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. 2023‐2 IA 2 Bonds pursuant to the Indenture.
“Tax Zone(s)” means the geographical area(s) within CFD No. 2023‐2 IA 2 identified as Tax Zone 1, Tax Zone 2, or
Tax Zone 3 as shown on the Boundary Map.
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“Tax Zone 1” means all property located within CFD No. 2023‐2 IA 2 and identified on the Boundary Map as Tax Zone 1.
“Tax Zone 2” means all property located within CFD No. 2023‐2 IA 2 and identified on the Boundary Map as Tax Zone 2.
“Tax Zone 3” means all property located within CFD No. 2023‐2 IA 2 and identified on the Boundary Map as Tax Zone 3.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2023‐2 IA 2, which are not Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre.
“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property.
B. SPECIAL TAX
Commencing Fiscal Year 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. 2023‐2 IA 2 shall be
classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. 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, Tax Zone 2, or Tax Zone 3.
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 Item: 6.1
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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
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, Table 2, and Table 3 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, Table 2, and Table 3 below.
TABLE 1
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 1
(FISCAL YEAR 2023‐2024)
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax Per
Taxable Unit
1. Single Family Residential Property RU Less than 2,300 sq. ft $1,617.00
2. Single Family Residential Property RU Greater than 2,300 sq. ft $1,920.00
3. Multifamily Property Acre N/A $9,661.00
4. Non‐Residential Property Acre N/A $9,661.00
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.
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TABLE 2
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 2
(FISCAL YEAR 2023‐2024)
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax Per
Taxable Unit
1. Single Family Residential Property RU Less than 1,700 sq. ft $1,543.00
2. Single Family Residential Property RU 1,700 sq. ft to 1,900 sq. ft $1,625.00
3. Single Family Residential Property RU 1,901 sq. ft to 2,100 sq. ft $1,749.00
4. Single Family Residential Property RU 2,101 sq. ft to 2,300 sq. ft $1,816.00
5. Single Family Residential Property RU Greater than 2,300 sq. ft $1,873.00
6. Multifamily Property Acre N/A $11,722.00
7. Non‐Residential Property Acre N/A $11,722.00
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.
TABLE 3
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 3
(FISCAL YEAR 2023‐2024)
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax Per
Taxable Unit
1. Single Family Residential Property RU Less than 2,500 sq. ft $1,681.00
2. Single Family Residential Property RU 2,500 sq. ft to 2,700 sq. ft $1,753.00
3. Single Family Residential Property RU 2,701 sq. ft to 2,900 sq. ft $1,790.00
4. Single Family Residential Property RU 2,901 sq. ft to 3,100 sq. ft $1,826.00
5. Single Family Residential Property RU 3,101 sq. ft to 3,300 sq. ft $1,848.00
6. Single Family Residential Property RU Greater than 3,300 sq. ft $1,869.00
7. Multifamily Property Acre N/A $8,853.00
8. Non‐Residential Property Acre N/A $8,853.00
On each July 1, commencing July 1, 2024, the Assigned Special Tax rate for Developed Property in Tax Zone 3 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.
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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
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 4 below:
TABLE 4
MAXIMUM SPECIAL TAX PER ACRE
(FISCAL YEAR 2023‐2024)
Tax Zone
Maximum Special Tax
per Acre
1 $9,661
2 $11,722
3 $8,853
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 Residential 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 $9,661 per Acre for Tax Zone 1, $11,722 per Acre for Tax Zone 2, and $8,853 per Acre for Tax Zone 3.
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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 $9,661 per Acre for Tax Zone 1, $11,722 per Acre for Tax Zone 2, and $8,853 per Acre for Tax Zone 3, 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.
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 first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Step Three: 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.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax levy on each Assessor's Parcel of Developed Property for which the Maximum Special Tax is the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
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Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.
F. EXEMPTIONS
The City shall classify as Exempt Property, in the following order of priority, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the total Acreage of all Taxable Property to less than the amounts shown in Table 5 below.
TABLE 5
MINIMUM TAXABLE ACRES
Tax Zone Acres
1 2.20
2 37.29
3 15.70
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 5 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 5 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 $9,000,000 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. 2023‐2 IA 2, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more CFD No. 2023‐2 IA 2 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. 2023‐2 IA 2.
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“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 (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. 2023‐2 IA 2 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. 2023‐2 IA 2 Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.
1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued and (iv) Assessor’s Parcels of Public Property Provisional Undeveloped Property that are not Exempt Property pursuant to Section F. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non‐refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non‐refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Outstanding Bonds to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
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1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.
2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property or Provisional Undeveloped Property compute the Maximum Special Tax for the Assessor’s Parcel.
3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid.
4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the
Prepayment Amount (the “Bond Redemption Amount”).
5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).
6. Determine the Future Facilities Costs.
7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to
paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”).
8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest
redemption date for the Outstanding Bonds on which 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 Administrator reasonably expects to derive from the investment
of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.
11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant
to paragraph 10 (the “Defeasance Amount”).
12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum
Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).
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13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.
14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.
15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture
and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of 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 Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied 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:
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PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non‐refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non‐refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.
With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Assessor’s Parcel and that a portion of the Maximum Special Tax obligation equal to the remaining percentage (1.00 ‐ F) of the Maximum Special Tax obligation will continue to be levied on the Assessor’s Parcel pursuant to Section E.
H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any CFD No. 2023‐2 IA 2 Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2069‐2070 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2023‐2 IA 2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2023‐2 IA 2 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. 2023‐2 IA 2 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. 2023‐2 IA 2 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Item: 6.1
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Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.
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APPENDIX C
Boundary Map
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APPENDIX D
Resolution of Intention
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28202 CABOT RD | SUITE 620 | LAGUNA NIGUEL, CA 92677
PHONE: (949) 542-7070 | FAX: (949) 542-7076
www.zimmermangroup.com
March 3, 2026
Lauri Lockwood
Finance Department
City of Menifee
29844 Haun Road
Menifee, CA 92586
T. (951) 746-6828
E. [email protected]
RE: Series 2 Bond Issuance Request, CFD No. 2023-2 (Cimarron Ridge)
Dear Ms. Lockwood,
On behalf of Pulte Homes (“Developer”), we are requesting the City of Menifee (“City”) move forward with the issuance of the second series of bonds (“Bonds”) for Improvement Area No. 1 of CFD No. 2023-2 (Cimarron Ridge) (“CFD”). Improvement Area No. 1 includes 424 lots within Tract Map Nos. 36658-1, -2, -3 and a portion of -4 (the “IA No. 1 ”). We would like to issue the final series of bonds secured by all 424 lots within IA No. 1 (“Series 2 Bonds”). A summary of the development status in IA No. 1 for the proposed Series 2 Bonds is included in the table below.
CFD No. 2023-2 (Cimarron Ridge) – IA No. 1
Development Status Units % of Total
Closed Homes 403 95.0%
Completed Homes (3 Models) 3 0.7%
Under Construction (4 Sold) 17 4.0%
Finished Lots ( Permitted) 1 0.3%
Series 1 Bonds - Total Units 424 100%
The attached Exhibit A shows the estimated bond sizing and debt service schedule for the Series 2 Bonds, which results in approximately $1.6M in construction proceeds. The construction proceeds would fund City impact fees, MUSD fees and/or EMWD Fees. As part of this request, we are asking the City to enter into a JCFA with Menifee Union School District (“MUSD JCFA”), which would be similar to the JCFA entered into with Romoland School District for Improvement Area No. 2 of CFD No. 2023-2. The MUSD JCFA is needed because the bond proceeds from MUSD CFD No. 2020-1 were insufficient to fund all the project school fees.
We appreciate your consideration of this request and look forward to working with the City team to issue the Series 2 Bonds for the Project. If you have any questions, please contact me at (949) 542-7072.
Sincerely,
John Zimmerman
Principal
CC: Shane Spicer, Spicer Consulting Group
Patric Lynam, Pulte Homes – Director of Planning
Darren Warren, Pulte Homes – Vice President of Land
Item: 6.1
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Menifee Finance Committee March 16, 2026 Page 108 of 137
EXHIBIT A
Pulte Homes - Cimarron Ridge (Tract No. 36658)
City of Menifee CFD No. 2023-2 (Cimarron Ridge) - Improvement Area No. 1 Series 2 - Bond Sizing and Debt Service Schedule
March 3, 2026
ISSUANCE ASSUMPTIONS ESTIMATED SOURCES AND USES ALLOCATION OF IMPROVEMENT FUND Closing Date 8/1/2026 Sources Per Unit Total
Special Tax Escalation 2.000% Par Bond Amount 2,070,000$ City Fees & Facilities 2,726$ 1,155,840$ Annual Admin Expense 31,212$ MUSD Fees 1,061 450,000 Admin Expense Escalation 2.000% Uses EMWD Fees - - Debt Service Coverage 110.000% Reserve Fund 189,160$ Total 3,787$ 1,605,840$ Underwriter Discount 1.750% Capitalized Interest -
Issuance Costs Estimate 225,000$ Underwriter Discount 50,000 Capitalized Interest (Months) - Costs Of Issuance 225,000 * Allocation is preliminary and subject to change.
Special Tax Revenue 2025-26 (Buildout) 405,773$ Improvement Fund 1,605,840 Total Uses 2,070,000$
BOND DEBT SERVICE
Period Special Tax Series 1 Capitalized Net Debt Combined Debt Service Ending Revenue Admin Debt Service Principal Yield Interest Interest Service Debt Service Coverage 9/1/2026 405,773$ 31,212$ 236,250$ -$ 0.000% 8,451$ -$ 8,451$ 244,701$ NA 9/1/2027 413,888 31,836 241,000 - 2.590% 101,412 - 101,412 342,412 111.58% 9/1/2028 422,166 32,473 250,500 - 2.790% 101,412 - 101,412 351,912 110.74% 9/1/2029 430,609 33,122 254,500 5,000 3.060% 101,412 - 106,412 360,912 110.13% 9/1/2030 439,221 33,785 258,250 5,000 3.200% 101,259 - 106,259 364,509 111.23% 9/1/2031 448,006 34,461 261,750 10,000 3.200% 101,099 - 111,099 372,849 110.91% 9/1/2032 456,966 35,150 270,000 10,000 3.400% 100,779 - 110,779 380,779 110.78% 9/1/2033 466,105 35,853 272,750 15,000 3.530% 100,439 - 115,439 388,189 110.84% 9/1/2034 475,427 36,570 280,250 15,000 3.650% 99,910 - 114,910 395,160 111.06% 9/1/2035 484,936 37,301 287,250 20,000 3.791% 99,362 - 119,362 406,612 110.09% 9/1/2036 494,635 38,047 293,750 20,000 4.032% 98,604 - 118,604 412,354 110.73% 9/1/2037 504,527 38,808 294,750 30,000 4.233% 97,798 - 127,798 422,548 110.22% 9/1/2038 514,618 39,584 300,500 30,000 4.371% 96,528 - 126,528 427,028 111.24% 9/1/2039 524,910 40,376 310,750 30,000 4.478% 95,217 - 125,217 435,967 111.14% 9/1/2040 535,408 41,184 315,250 40,000 4.566% 93,873 - 133,873 449,123 110.04% 9/1/2041 546,117 42,007 324,250 40,000 4.648% 92,047 - 132,047 456,297 110.48% 9/1/2042 557,039 42,847 327,500 45,000 4.510% 90,188 - 135,188 462,688 111.13% 9/1/2043 568,180 43,704 335,250 50,000 4.570% 88,158 - 138,158 473,408 110.79% 9/1/2044 579,543 44,578 342,250 55,000 4.630% 85,873 - 140,873 483,123 110.73% 9/1/2045 591,134 45,470 348,500 60,000 4.680% 83,327 - 143,327 491,827 110.95% 9/1/2046 602,957 46,379 354,000 70,000 4.730% 80,519 - 150,519 504,519 110.32% 9/1/2047 615,016 47,307 363,750 70,000 4.840% 77,208 - 147,208 510,958 111.11% 9/1/2048 627,316 48,253 367,500 85,000 4.840% 73,820 - 158,820 526,320 110.02% 9/1/2049 639,863 49,218 375,500 90,000 4.840% 69,706 - 159,706 535,206 110.36% 9/1/2050 652,660 50,203 382,500 95,000 4.840% 65,350 - 160,350 542,850 110.98% 9/1/2051 665,713 51,207 393,500 100,000 4.840% 60,752 - 160,752 554,252 110.87% 9/1/2052 679,027 52,231 403,250 110,000 5.177% 55,912 - 165,912 569,162 110.13% 9/1/2053 692,608 53,275 406,750 120,000 5.177% 50,217 - 170,217 576,967 110.81% 9/1/2054 706,460 54,341 419,250 125,000 5.177% 44,005 - 169,005 588,255 110.86% 9/1/2055 720,589 55,428 425,250 140,000 5.177% 37,533 - 177,533 602,783 110.35% 9/1/2056 735,001 56,536 - 585,000 5.177% 30,285 - 615,285 615,285 110.27% Total 17,196,418 1,322,747 9,696,500 2,070,000 5.00% 2,482,454 - 4,552,454 110.02% Footnotes:
Agency (Facilites) *
(a) Includes net school fees and school site purchase price. See CFD Eligible Costs exhibit.
DRAFT
Item: 6.1
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Menifee Finance Committee March 16, 2026 Page 109 of 137
CITY OF MENIFEE
SUBJECT: Community Benefit Agreement (CBA) for Double Butte Project
MEETING DATE: March 16, 2026
TO: Finance Committee
PREPARED BY: Margarita Cornejo, Director of Strategic Programs and Initiatives
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Review proposed Community Benefit Agreement (CBA) for Double Butte Project and recommend submittal to the City Council for approval.
DISCUSSION
As a fast-growing community with many needs, the City of Menifee’s financial management focus is on long-term financial stability that fosters a thriving economy, for its residents and businesses, as well as continuously looks for opportunities to diversify revenues. This strengthens the City’s financial position to incorporate a multi-faceted revenue approach to support municipal services.
One area staff regularly examines is analyzing development activity’s impact on city services and revenue support.
Most recently, the City has been reviewing the proposed Double Butte Project, which is further detailed in the next section. Based on the proposed project and alternative uses for the site, staff has negotiated a proposed Community Benefit Agreement (CBA) that will provide the City with:
One-time $4 million community benefit donation payment ($546,000 of the payment will go towards the future Roads & Bridge Benefit District (RBBD)); and Purchase of Equipment/fixtures associated with the construction of the project will source the City as the point of sale location, directing associated sales tax/Quality of Life revenue to the City.
Project Description
The Double Butte Project (Plot Plan No. PLN 22-0282) proposes the construction and operation of a 500-Megawatt (MW) utility-scale (lithium-ion, flow or other technology) battery energy storage Item: 6.2
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City of Menifee Staff Report
Community Benefit Agreement (CBA) for Double Butte Project March 16, 2026
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system on 27.3 net acres. This proposed facility will interconnect with the nearby Valley Substation that is owned and operated by Southern California Edison (SCE). The primary electrical equipment includes battery modules and power conversion equipment. The battery modules will be racked (akin to server racks) within hundreds of modular, external access-only containers that will connect to associated electrical equipment. Each container would be eight to ten feet tall and would be located within a metal framed outdoor-rated storage container with insulation and robust thermal management systems.
The project would include a seven-foot wall along the project boundary. The project would include a permanent parking area for operations and maintenance workers (six parking stalls). According to the Applicant’s project narrative, 12 permanent onsite workers are anticipated.
The interconnection to the SCE Valley Substation will include an overhead gen-tie line. The gen- tie line alignment would begin at the proposed onsite substation and extend approximately 1,500 feet to the east crossing over Case Road and will connect to the existing SCE Valley Substation.
Conditional Use Permit No. PLN 22-0281 proposes to allow for the utility-scale battery energy storage system use.
Tentative Parcel Map No. PLN 22-0283 proposes to consolidate seven parcels into one industrial parcel. The project site is approximately 27.3 net acres.
Location
The project is located on an approximately 27.3-net acre site located north of McLaughlin Road and a drainage channel, south of Matthews Road, east of San Jacinto Road, and west of Palomar Road (APN 331-190-014, -010, -017, -011, -047, -056, and -060). The current proposal includes two points of access off Palomar Road and an access off San Jacinto Road.
Proposed Community Benefit Agreement (CBA)
A fiscal study was prepared to review the project’s fiscal impacts where the study analyzed the project’s fiscal impact and compared the proposed BESS facility to alternative uses on the site, including a general warehouse ("Scenario 2") or a warehouse with fulfillment ("Scenario 3"). The proposed BESS would result in a net positive fiscal impact compared to a general warehouse use. There are significant sales and property tax benefits associated with the BESS that exceed those of a general warehouse use. However, when compared to a warehouse with fulfillment, there is a large gap in potential annual revenue to the City.
Staff has negotiated the Benefit Fee to be approximately two times the average net annual impact of the Scenario 3 alternative. This equates to a one-time payment of $4,000,000. Within ten days of obtaining all building permits for the Project, Developer will deposit 50% of the donation into the City’s General Fund. Within 90 days of starting construction, the remaining 50% will be deposited. All deposits are non-refundable.
Future RBBD Contribution
The Double Butte Project is located within the proposed boundaries of a future city Road and Bridge Benefit District (RBBD) which will collect funding to support critical infrastructure, specifically road and bridge improvements, within the designated benefit area. They are designed Item: 6.2
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City of Menifee Staff Report
Community Benefit Agreement (CBA) for Double Butte Project March 16, 2026
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to mitigate traffic and circulation needs arising from new development by assessing fees on developers. A portion of the one-time $4 million payment, specifically $546,000, will be reserved and directed towards the future RBBD.
Sales Tax (Bradley Burns & Quality of Life) for Purchase of Equipment Pursuant to Regulation 1808 (Title 18, Division 2, Chapter 4, Article 19) of the California state law and Audit Manual, Chapter 12, Construction Contractors, Section 1207.25 from the California Department of Tax and Fee Administration, for contracts or subcontracts for $5,000,000 or more, the contractor may elect to obtain a sub-permit for the jobsite. Tax would then be sourced to the specific jurisdiction of the specific jobsite. The size of the Double Butte Project will exceed the $5 million construction threshold, and the proposed CBA incorporates a corresponding clause (Section 3: Purchase of Equipment), where the developer agrees that equipment and fixtures associated to the construction of the project will be designate Menifee as the point of sale location, thereby providing the City will associated sales tax (Bradley Burns and Quality of Life).
The requested action of the Finance Committee is to review the proposed Double Butte Project CBA and provide a recommendation on whether to move forward with presenting the agreement to the Planning Commission, and subsequently to the City Council.
FISCAL IMPACT
Acceptance of the proposed CBA agreement will result in one-time general fund revenues of $4 million, of which $546,000 will be directed towards the future RBBD district. Additionally, as the project moves to construction, sales tax (regular Bradley Burns and Quality of Life) associated with construction activity (fixtures and equipment) will provide the City with one-time sales tax revenues to support city needs.
ATTACHMENTS
1. Project Site Map
2. Proposed Community Benefit Agreement (CBA) with Double Butte Project.
Item: 6.2
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Site Map: Double Butte Project
Item: 6.2
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18965756.1 a04/27/23
CITY OF MENIFEE
COMMUNITY BENEFIT AGREEMENT
DOUBLE BUTTE BATTERY ENERGY STORAGE SYSTEM PROJECT
This Community Ben efit Agreement (“Agreement”) is entered into as of this day of , 2024 by and between the City of Menifee, a municipal corporation (“City”) and Double Butte Storage LLC , a Delaware limited liability company (“ Developer”). City and Developer are sometimes hereinafter individually referred to as a “ Party” and collectively referred to as the “Parties.”
RECITALS
A. Where
as, Developer controls approximately 27 acres of real property located within the City of Menifee, California (APN: 331 -190-010, 331-190-011, 331-190-014, 331-190-017, 331-190-047, 331-190-056, 331-190-060), as described in detail in Attachment “A” (referred to as the “Property”).
B. Whereas, Developer has requested certain entitlements and permits from the City for a battery energy storage system and associated systems, using lithium-ion, flow battery, or other technologies. The Project is located west of Palomar Road, south of the railroad tracks and Case Road, north of a drainage canal, electrical transmission corridor, and McLaughlin Road, and east of San Jacinto Road, as shown in Attachment "B".
A. Whereas, Menifee Municipal Code section 9.297.070 provides that no conditional use permit for a battery storage facility, utility scale, shall be issued unless the City has entered into a legally binding and enforceable agreement that benefits the City; and
B. Whereas, the City and Developer now desire to enter into this Agreement in order to clarify the means by which Developer will make payment(s) to the City to ensure the Project includes the aforesaid community benefits pursuant to Menifee Municipal Code section 9.297.070.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
{00601997;1} 2671/031858-0003
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18965756.1 a04/27/23
1. Community Benefit Donation: Developer will make a $4,000,000 payment to the City as a Community Benefit Donation in two installments. Within ten d ays of obtaining all building permits for the Project, Developer will d eposit 50% of the donation into the C ity’s [general fund]. Within ninety days of starting construction, the remaining 50% will be deposited.
All deposits are non-refundable. The City may use the payment at its discretion for future benefits.
This is the sole payment required for the Project, and no additional contributions or participation in community improvement programs will be needed. Payments under this Section and Section 2 fulfill Developer’s obligations to the City for the Project, and the City waives any other f ees or assessments, except for impact fees and standard permit fees scheduled by the City.
2. Road and Bridge Benefit District. The Developer ack nowledges that the Project will be obligated to participate in a futu re Ro ad and Bridge Benefit District (“R BBD”) for necessary transportation infrastructure to the Project. Although the RBBD has yet to be established, associated impact fees will be required o nce it is in place. The RBBD obligation for the Project will be funded from a portion of the Community Benefit Donation. It is anticipated that this amount will not exceed five hundred and forty six thousand dollars ($546,000) for the Project; however, the actual amount, once determined, will not incr ease th e cumulative total for the Community Benefit Donation as indicated in Section 1, above.
3. Purchase of Equipment. Developer expects to obtain equipment and fixtures from construction contractors to complete the Project. Consistent with the requirements of applicable California law, the Developer agrees to cooperate with the City with respect to purchases of equipment and fixtures such that: (a) to the extent any such purchases of equipment and fixtures are from a construction contractor working for Developer at the Project site, Developer will, to the extent allowed by California law, require the construction contractor to secure the appropriate job- site sales tax permits such that such equipment and fixture purchases will be designated as having a point of sale within the City, such that the applicable sales tax will be collected and attributable to a purchase and sale within the City and (b) to the extent Developer is obligated to pay use tax on any such purchases of equipment and fixtures to be used at the Project site, Developer will, to the extent allowed by California law, secure the appropriate job -site use tax permits such that the applicable use tax will be collected and attributed to a Developer purchase within the City.
4. Default; Notice; Remedies. In the event of any default or breach of this Agreement by Developer, City shall provide notice to Developer of the default or breach. Developer shall have ten (10) days following receipt of the notice of default/breach to begin to diligently pursue remedying the default/breach.
No action by City pursuant this Section of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
5. General Provisions.
A. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party as to all terms in the Agreement.
B. Cooperation; Further Acts . The Par ties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
DRAFT
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C. Construction; References; Captions . It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not workdays. All references to Developer include all personnel, employees, contractors, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
D. Notices. Any written notice to Developer shall be sent to:
Any written notice to City shall be sent to: City
of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Armando G. Villa, City Manager
E. Amendment; Modification. No s upplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
F. Waiver. A P arty’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein shall not relieve the other Party of any of its obligations under this Agreement.
G. Project Financing . “ Pro ject Financing ” means any construction and/or long term financing, any other type of financing or tax equity financing, as may be necessary for the Project. The Parties acknowledge and understand that the development and construction of the Project may be financed by Project Financing. The Parties agree to consider and negotiate in good faith changes or additions to this Agreement that may be reasonably requested by the Project Financing lenders to support the Project.
Financing (including but not limited to
provisions under which lenders shall be entitled to
receive copies of any notices hereunder that the City provides to Developer and that lenders shall be given the right to consent to any proposed changes or modifications to this Agreement), subject at all times to the City’s right to withhold its consent to any amendments it deems unacceptable to the City.
H. Assignment or Transfer. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City except to an affiliate of Developer; provided, however, that Developer may make such assignments as the Developer deems necessary for collateral security purposes to aid in providing Project Financing for the Project without the consent of the City. Any other attempts to assign this Agreement or any interest herein without prior written consent of City shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. The City shall not withhold such approval if Developer’s successor entity provides reasonably satisfactory evidence to City that it possess es the DRAFT
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financial resources equivalent or superior to those of Developer to meet the obligations in this Agreement. Upon an assignment as allowed by this Section 9.H., Developer shall be released from its obligations under this Agreement; provided that assignee shall commit in writing to assume Developer’s obligations under this Agreement.
I. Effective Dat e. This Agreement is not a commitment by the City to approve the Project. This Agreement shall have no force or effect until or unless the Project is approved, following compliance with the California Environmental Quality Act. This Agreement will become effective after the conditional use permit is final and non - appealable and this Agreement has been formally approved by the City and executed by the appropriate authorities of City and Developer.
IN WITNESS WH EREOF, the Parties have executed this Agreement on the date and year first written above.
CITY:
CITY OF MENIFEE, a California municipal
corporation
Armando G. Villa, City Manager
ATTEST:
Stephanie Roseen, Acting City Clerk
APPROVED AS TO
FORM:
Jeffrey T. Melching, City Attorney
DRAFT
Item: 6.2
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18965756.1 a04/27/23
“Developer”
Double Butte Storage LLC, a Delaware
limited liability company
By:
Its:
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18965756.1 a04/27/23
Exhibit A
Legal Description
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EXHIBIT “A”
PARCEL A: APN 331-190-010
Lot 763 of Romola Farms No. 6-A, as shown by map on file in Book 14 Pages 63 to 65 inclusive of Maps, Records of Riverside County, California
Together with those portions of Lots "FF" and "JJ", lying within the East half of the Northwest quarter of Section 14, Township 5 South, Range 3 West, San Bernardino Base and Meridian.
PARCEL B: APN 331-190-011
Lot 764 of Romola Farms No. 6-A, as shown by map on file in Book 14 Pages 63 to 65, inclusive, of Maps, Records of Riverside County, California;
Together with those portions of Lot "JJ", lying within the East half of the Northwest quarter of Section 14, Township 5 South, Range 3 West, San Bernardino Base and Meridian.
PARCEL C: APN 331-190-014
Lot 762 of Romola Farms No. 6-A, as shown by map on file in Book 14 Pages 63 to 65 inclusive of Maps, records of Riverside County;
Together with those portions of Lots "FF" and "JJ", lying within the East half of the Northwest quarter of Section 14, Township 5 South, Range 3 West, San Bernardino Base and Meridian.
PARCEL D: APN 331-190-017
Lot 770 of Romola Farms No. 6A, as shown by map on file in Book 14 Pages 63 through 65 of Maps, Records of Riverside County, California.
Together with those portion of Lot "FF" lying within the East 1/2 of the Northwest 1/4 of Section 14, Township 5 South, Range 3 West, San Bernardino Base and Meridian.
PARCEL E: APN 331-190-047
Lot 769 of Romola Farms No. 6-A, as shown by Map on file in Book 14, Pages 63 through 65 of Maps, Records of Riverside County, California.
Together with those portions of Lot "FF" and "LL" lying within the East 1/2 of the Northwest 1/4 of Section 14, Township 5 South, Range 3 West, San Bernardino Base and Meridian.
PARCEL F: APN 331-190-054
Lot 766 of Romola Farms No. 6-A, as shown by Map on file in Book 14 Pages 63 through 65 of Maps, Records of Riverside County, California.
Together with those portions of Lots "JJ" and "OO" lying within the east 1/2 of the Northwest 1/4 of Section 14, Township 5 South, Range 3 West, San Bernardino Base and Meridian.
Excepting therefrom that portion of land conveyed to the Riverside County Flood Control and DRAFT
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Water Conservation District by grant deed recorded April 22, 2014 as Instrument No. 146433 of Official Records of Riverside County, California.
PARCEL G: APN 331-190-056
Lot 768 of Romola Farms No. 60-A, as shown by Map on file in Book 14, Pages 63 through 65 of Maps, Records of Riverside County, California.
Together with those portions of Lot "LL" lying within the East 1/2 of the Northwest 1/4 of Section 14, Township 5 South, Range 3 West, San Bernardino Base and Meridian.
Excepting therefrom that portion of land conveyed to the Riverside Flood Control and Water Conservation District by Grant Deed recorded April 22, 2014 as Instrument No. 146433, Records of Riverside County, California.
PARCEL H: APN 331-190-058
Lot 767 of Romola Farms No. 6-A, as shown by Map on file in Book 14, Pages 63 through 65 of Maps, Records of Riverside County, California.
Together with those portions of Lots "LL" and "OO" lying within the East 1/2 of the Northwest 1/4 of Section 14, Township 5 South, Range 3 West, San Bernardino Base and Meridian.
Excepting therefrom that portion of land conveyed to the Riverside County Flood Control and Water Conservation District by Grant Deed recorded April 22, 2014, as Instrument No. 146433, Records of Riverside County, California.
PARCEL I: APN 331-190-060
Lot 765 of Romola Farms No. 6-A, as shown by Map on file in Book 14, Pages 63 to 65 inclusive of Maps, Records of Riverside County, California;
Together with those portions of Lot "JJ", lying within the East half of the Northwest Quarter of Section 14, Township 5 South, Range 3 West, San Bernardino Base and Meridian.
Excepting therefrom that portion conveyed to the Riverside County Flood Control and Water Conservation District by Grant Deed recorded April 22, 2014 as Instrument No. 146434, of Official Records.
APN: 331-190-060, 331-190-058, 331-190-056, 331-190-054, 331-190-047, 331-190-017, 331- 190-014, 331-190-011, and 331-190-010
(End of Legal Description)
DRAFT
Item: 6.2
Item Page Number: 12
Menifee Finance Committee March 16, 2026 Page 121 of 137
18965756.1 a04/27/23
Attachment B
Double Butte Project - Site Plan
{00601997;1} 2671/031858-0003
-9-
DRAFT
Item: 6.2
Item Page Number: 13
Menifee Finance Committee March 16, 2026 Page 122 of 137
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PALOMAR
CASE ROAD / MATTHEWS ROAD
SAN JACINTO ROAD
MCLAUGHLIN ROAD
ROAD
DATE
PLOTTED: 8/2/2024 10:47 AM
V:\2042\active\185805659\drawing\Sheet_Files\05659C-1003GP.dwg 2180 South 1300 East, Suite 600
Salt Lake City, UT 84106-2749
(801) 679 - 3500
PROJECT TITLE:
DESCRIPTION
XREFs: ..\Model_Files\05659C-ET001.DWG; ..\Model_Files\05659C-SP001.DWG; ..\Model_Files\05659C-SP002.DWG; ..\..\resource\consultant_data\kimley_horn\20230608_detention_volumes\DrainageLinework_060923.dwg; ..\Model_Files\05659C-GB001.DWG; ..\Model_Files\05659C-UB001.DWG; ..\Model_Files\05659C-PB001.DWG APV:
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REVISIONS:
SHEET NO:REV:
SCALE AT 24" x 36":
CHK:
DWN:
DES:
DATE:
PROJ
NUM:
AES Titleblock 24X36 v210209
SHEET TITLE & DESCRIPTION:
DOUBLE BUTTE
STORAGE
PLOT PLAN NO.
PLN22-0282
CITY OF MENIFEE, CA
33.7412, -117.1563
CIVIL SITE EXHIBIT
500 MW / 2,000 MWh
BESS
0 0 11/18/22 PRELIM GRADING DESIGN
1 05/01/23 PRELIM GRADING DESIGN
2 06/21/23 PREIM GRADING DESIGN
3 09/20/23 PRELIM GRADING DESIGN
4 10/19/23 PRELIM GRADING DESIGN
5 11/06/23 PRELIM GRADING DESIGN
N
PRELIMINARY
NOT FOR CONSTRUCTION0 40' 80' 120' 160'
1" = 80'C0
10/19/2023
AS NOTED
V. ITO
V. ITO
D. WATSON
ES19.0004
GENERAL NOTES
1. THIS DRAWING IS PRELIMINARY, AND NOT FOR CONSTRUCTION. IT IS FOR ESTIMATING PURPOSES ONLY.
2. LOCATION OF ALL EXISTING ITEMS ARE APPROXIMATE AND MUST BE VERIFIED IN THE FIELD PRIOR TO CONSTRUCTION.
3. ALL SPECIFIED EQUIPMENT IS PRELIMINARY. FINAL EQUIPMENT SELECTION SHALL BE APPROVED BY OWNER.
4. RIGHT-OF-WAY DEDICATION IS SUBJECT TO CHANGE PENDING COORDINATION WITH THE CITY OF MENIFEE.
LEGEND
PROPOSED
PROJECT BOUNDARY
EXISTING CONTOUR
PROPOSED CONTOUR
WALL / SOUND BARRIER
24' INTERIOR ROADS - EARTHEN
LAYDOWN AREA
RAILROAD
EASEMENT
VEGETATIVE BUFFER
500 kV GEN TIE OH-HVOH-HV
STORM DRAIN
SEWER SSSSSSSSSSSS
WATER WWW
STORM DRAIN
38 TECHNOLOGY DRIVE, SUITE 200
IRVINE, CA 92618
949.923.6000stantec.com
PUBLIC STREET IMPROVEMENTS
BESS & SUBSTATION AREA
CONCRETE DRIVEWAY
RECYCLED WATER RWRWRW
SAN JACINTO ROAD TYPICAL SECTION
PALOMAR ROAD TYPICAL SECTION
CONCRETE DRIVEWAY - DECORATIVE
(SEE LANDSCAPE PLAN)
DRAFT
Item: 6.2
Item Page Number: 14
Menifee Finance Committee March 16, 2026 Page 123 of 137
CITY OF MENIFEE
SUBJECT: Community Benefit Agreement (CBA) for Seaflower BESS Project
MEETING DATE: March 16, 2026
TO: Finance Committee
PREPARED BY: Margarita Cornejo, Director of Strategic Programs and Initiatives
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Review proposed Community Benefit Agreement (CBA) for Seaflower BESS Project and recommend submittal to the City Council for approval.
DISCUSSION
In its on-going efforts to strengthen the City’s financial position, one area staff regularly examines is analyzing development activity’s impact on city services and revenue support.
Accordingly, the City has reviewed the Seaflower Battery Energy Storage System (BESS) Project, which is further detailed in the next section. Based on the proposed project and alternative uses for the site, staff has negotiated a proposed Community Benefit Agreement (CBA) that will provide the City with:
- One-time $905,065 community benefit fee payment.
Project Description
The Seaflower BESS Project (Plot Plan No. PLN 25-0027) proposes the construction and operation of a 100-Megawatt (MW) / 4-hour utility scale (lithium ion phosphate or similar) battery energy storage system that will interconnect to the nearby Valley Substation that is owned and operated by Southern California Edison. The primary electrical equipment includes battery modules and power conversion equipment. The batteries will be installed in pre-fabricated enclosures and will include relay and communications systems for automated monitoring and managing of the batteries to ensure design performance.
Item: 6.3
Item Page Number: 1
Menifee Finance Committee March 16, 2026 Page 124 of 137
City of Menifee Staff Report
Community Benefit Agreement (CBA) for Seaflower BESS Project March 16, 2026
3 2
1 5
The project would include a security fence/wall as well as a permanent parking area for operations and maintenance workers. No permanent onsite workers are expected, since as previously mentioned the facility would have a system that allows remote monitoring. The project site would be visited periodically throughout the year for equipment inspections, monitoring and testing, and maintenance as needed.
The following applications are associated with the proposed project:
Major Plot Plan No. PLN 25-0027
Major Conditional Use Permit No. PLN 25-0019 (for the battery energy storage system use)
Project Location
The project is located on an approximately 3.84-acre site located east and north of Matthews Road, south of McLaughlin Road, and west of Menifee Road (APNs 331-250-002 and -021). The current proposal includes two points of access on Palomar Road and one on Matthews Road.
Proposed Community Benefit Agreement (CBA)
Four development scenarios were evaluated based on potential uses for the proposed site:
Scenario 1: Battery Energy Storage System (BESS)
Scenario 2: Standard Warehouse
Scenario 3: Warehouse with Point-of-Sale Fulfillment Center (30% local direct sales) Scenario 4: Office Space
Based on the projections, the Scenario 1 - Battery Energy Storage System scenario offers the largest net benefit to the City’s General Fund. The key driver in this case is the high assessed value, which significantly boosts property tax revenues (including property tax in lieu of VLF) under Scenario 1.
As a result, the Fiscal Impact Analysis concluded no additional Community Benefit Fee is required under this preferred scenario. However, the Seaflower BESS Applicant is offering to the City of Menifee a one-time Community Benefit fee payment of $905,065.
The action requested from the Finance Committee is to review the proposed Seaflower BESS Project CBA and make a recommendation to move forward with presenting the proposed agreement to the Planning Commission and subsequently City Council.
FISCAL IMPACT
Acceptance of the proposed CBA agreement will result in one-time general fund revenues of $905,065.
Item: 6.3
Item Page Number: 2
Menifee Finance Committee March 16, 2026 Page 125 of 137
City of Menifee Staff Report
Community Benefit Agreement (CBA) for Seaflower BESS Project March 16, 2026
3 2
1 5
ATTACHMENTS
1. Project Site Map
2. Proposed Community Benefit Agreement (CBA) with Seaflower BESS.
Item: 6.3
Item Page Number: 3
Menifee Finance Committee March 16, 2026 Page 126 of 137
Project Site Map: Seaflower BESS
Item: 6.3
Item Page Number: 4
Menifee Finance Committee March 16, 2026 Page 127 of 137
CITY OF MENIFEE
COMMUNITY BENEFIT AGREEMENT
SEAFLOWER BATTERY ENERGY STORAGE SYSTEM PROJECT
This Community Benefit Agreement (“Agreement”) is entered into as of this ___ day of ___, 2026 by and between the City of Menifee, a municipal corporation (“ City”) and Seaflower Energy, LLC, a Delaware limited liability company (“Developer”). City and Developer are sometimes hereinafter individually referred to as a “Party ” and collectively referred to as the “Parties”.
RECITALS
A. Whereas, Developer has the option to lease approximately 3.24 acres of real property located within the City of Menifee, California, which is specifically described in the legal description set forth in Exhibit “A” (herein referred to as the “Property”);
B. Whereas, Developer has requested from City certain entitlements and/or permits for the construction of improvements on the Property which are more particularly described as a battery energy storage system, which will use lithium -ion, flow battery, or other battery technology to store electrical energy from the grid to be discharged later when customer demand is high, and located to west of Menifee Road, north of Matthews Road, east of Palomar Road, and south of McLaughlin Road (APN: 331- 250-021 and 331- 250-002) (hereinafter referred to as the “Project”) and shown in Exhibit “B”;
C. Whereas, Menifee Municipal Code section 9.300.070 provides that no conditional use permit for a battery storage facility, utility scale, shall be issued unless City has entered into a legally binding and enforceable agreement that benefits City; and
D. Whereas, City and Developer now desire to enter into this Agreement for the following purpose: to clarify the means by which Developer will make payment(s) to City to ensure the Project includes the aforesaid community benefits pursuant to Menifee Municipal Code section 9.300.070.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
Item: 6.3
Item Page Number: 5
Menifee Finance Committee March 16, 2026 Page 128 of 137
1. Project. Developer proposes to construct and install or have constructed and installed at its own cost, expense, and liability the Project. Construction of the Project shall comply with all requirements set forth in Planning Application Plot Plan No. PLN 25- 0027 and Conditional Use Permit No. PLN 25- 0019, except as specifically modified herein (the “City Approvals”).
2. Construction Requirements. Construction of the Project shall be performed in accordance with the City Approvals and all applicable federal, state and local laws, ordinances, regulations, codes, and standards.
3. Community Benefit Fee. Developer shall make a one -time cash payment of $905,065.00 to City upon the Project’s achievement of commercial operation pursuant to its offtake arrangements in consideration for City’s issuance of building permits. Developer is informed that City has discretion to use Developer’s payment for future benefits to City overall. City acknowledges that this Community Benefit Fee shall be the sole fee associated with the Project such that no other contributions or participation in subsequent community improvement programs will be required. The Parties further agree that the payments made under this Section 3 satisfy Developer’s payment obligations to City in connection with the construction, development, and operation of the Project and t hat City waives all rights to any other fees, licenses, assessments, or other payments attributable to the Project, including fees, licenses, and assessments that may be enacted in the future; notwithstanding the foregoing, Developer shall continue to be r esponsible for impact fees identified in the conditions of approval and standard applicant permit fees that are scheduled and published by City for the construction, development and operation of the Project.
4. [Reserved.]
5. Purchase of Equipment. Developer expects to obtain equipment and fixtures from construction contractors to complete the Project. Consistent with the requirements of applicable California law, Developer agrees to cooperate with City with respect to purchases of equipment and fixt ures such that: (a) to the extent any such purchases of equipment and fixtures are from a construction contractor working for Developer at the Project site, Developer will, to the extent allowed by California law, require the construction contractor to sec ure the appropriate jobsite sales tax permits such that such equipment and fixture purchases will be designated as having a point of sale within the City of Menifee, such that the applicable sales tax will be collected and attributable to a purchase and sale within the City of Menifee and (b) to the extent Developer is obligated to pay use tax on any such purchases of equipment and fixtures to be used at the Project site, Developer will, to the extent allowed by California law, secure the appropriate job- Item: 6.3
Item Page Number: 6
Menifee Finance Committee March 16, 2026 Page 129 of 137
site use tax permits such that the applicable use tax will be collected and attributed to a Developer purchase within the City of Menifee.
6. Permits. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Project. Developer shall conduct t he work in full compliance with the City Approvals, regulations, rules, and other requirements contained in any permit or approval issued to Developer. City will not unreasonably refuse to issue permits and approvals required for the construction of the Project. Each Party agrees to work together collaboratively with the other Party and to take such further actions and execute such additional documents as may be reasonably necessary to carry out the provisions of this Agreement while preserving, to the maximum extent possible, all material consideration to both Parties.
7. Approval of Plans and Specifications. Developer shall not commence work on the Project until all required plans and specifications set forth in the City Approvals have been submitted to and approved by the City Engineer, or his or her designee. The City Engineer’s approval shall not unreasonably be withheld. City agrees to promptly review all subsequent Developer applications (e.g., for building and grading permit(s)) required for the completion of construction and commencement of operation of the Project. City and Developer agree to cooperate in applying for all necessary third-party approvals (e.g., from other agencies and utilities) required to complete the Project.
8. Default; Notice; Remedies. In the event of any default or breach of this Agreement by Developer, City shall provide notice to Developer of the default or breach. Developer shall have thirty (30) days following receipt of the notice of default/breach to begin to diligently pursue remedying the default/breach. No action by City pursuant to this Section of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
9. General Provisions.
A. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party as to all terms in the Agreement.
Item: 6.3
Item Page Number: 7
Menifee Finance Committee March 16, 2026 Page 130 of 137
B. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
C. Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, contractors, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
D. Notices. Any written notice to Developer shall be sent to:
Seaflower Energy, LLC
Attn: Joel Diaz
Director, Project Development
5521 La Jolla Blvd,
La Jolla, CA 92037
[email protected]
And
Seaflower Energy, LLC
Attn: Briget Canty
Senior Permitting Manager
5521 La Jolla Blvd,
La Jolla, CA 92037
[email protected]
Any written notice to City shall be sent to:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Armando G. Villa, City Manager
Item: 6.3
Item Page Number: 8
Menifee Finance Committee March 16, 2026 Page 131 of 137
E. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
Developer may terminate this Agreement upon thirty (30) days’ notice to City if Developer abandons its efforts to the develop the Project with no further obligation to City except for amounts expressly payable to City that have accrued prior to the effective date of termination.
F. Waiver. A Party’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein shall not relieve the other Party of any of its obligations under this Agreement.
G. Project Financing. “Project Financing” means any construction and/or long term financing, any other type of financing or tax equity financing, as may be necessary for the Project. The Parties acknowledge and understand that the development and construction of the Project may be financed by Project Financing. The Parties agree to consider and negotiate in good faith changes or additions to this Agreement that may be reasonably requested by the Project Financing lenders in order to support the Project Financing (including but not limited to provisions under which lenders shall be entitled to receive copies of any notices hereunder that City provides to Developer and that lenders shall be given the right to consent to any proposed changes or modifications to th is Agreement), subject at all times to City’s right to withhold its consent to any amendments it deems unacceptable to City.
H. Assignment or Transfer. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City except to an affiliate of Developer; provided, however, that Developer may make such assignments as Developer deems necessary for collateral security purposes to aid in providing Project Financing for the Project without the consent of City. Any other attempts to assign this Agreement or any interest herein without prior written consent of City shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. City shall not withhold such approval if Developer’s successor entity provides reasonably satisfactory evidence to City that it possesses the financial resources equivalent or superior to those of Developer to meet the obligations in this Agreement. Upon an assignment as allowed by this Section 9.H., Developer shall be released from its obligations under this Agreement; provided that assignee shall commit in writing to assume Developer’s obligations under this Agreement.
Item: 6.3
Item Page Number: 9
Menifee Finance Committee March 16, 2026 Page 132 of 137
I. Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.
J. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
L. Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken p ursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in t he action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
M. Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Project, the prevailing party, whether by final judgment or arbitration ward, shall be entitled to an d recover from the other party all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a party in good faith in the prosecution of an action or proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorneys’ fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition, and transcript costs and any other cost or expense, the award of which a court of competent jurisdiction may determine to be just and reasonable (“Litigation Expenses”). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses.
N. Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, nor any other related entitlement, permit, or approval issued by Item: 6.3
Item Page Number: 10
Menifee Finance Committee March 16, 2026 Page 133 of 137
City for the Project shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
O. Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
P. Effective Date. Term. This Agreement is not a commitment by City to approve the Project. This Agreement shall have no force or effect until or unless the Project is approved, following compliance with the California Environmental Quality Act.
This Agreement will become effective after the conditional use permit is final and non-appealable and this Agreement has been formally approved by City and executed by the appropriate authorities of City and Developer. This Agreement is effective for a period of twenty (20) years following the Project’s commencement of commercial operation.
[Signature page follows]
Item: 6.3
Item Page Number: 11
Menifee Finance Committee March 16, 2026 Page 134 of 137
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first written above.
CITY:
CITY OF MENIFEE, a California municipal corporation
_____________________________
Armando G. Villa, City Manager
ATTEST: _________________________
Stephanie Roseen, City Clerk
APPROVED AS TO
FORM: RUTAN & TUCKER, LLP
_____________________________
Jefferey T. Melching, City Attorney
DEVELOPER:
Seaflower Energy, LLC, a Delaware Limited Liability Company
By: ________________________
Its: ________________________
Initial _______
Item: 6.3
Item Page Number: 12
Menifee Finance Committee March 16, 2026 Page 135 of 137
Exhibit A
Legal Description
A FEE ESTATE.
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF MENIFEE IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOCATION: City of Menifee, County of Riverside, State of California Total Acreage: 3.24 acres
APN Numbers: 331-250-021 and 331-250-002
APN Acreage Notes
331-250-021 2.66 2.66 ACRES IN LOT 952 MB 015/029 ROMOLA FARMS 10 331-250-002 0.58 0.58 ACRES M/L IN POR LOT 951 MB 015/029 ROMOLA FARMS 10 Total 3.24
Map:
Legal Description:
LOTS 951 AND 952 OF ROMOLA FARMS NO. 10 IN THE UNINCORPORATED AREA OF RIVERSIDE COUNTY AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE(S) 29 THROUGH 31, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY , CALIFORNIA.
For conveyancing purposes only: APN 331-250-002 (Affects Lot 951) and APN 331-250-021 (Affects Lot 952)
Item: 6.3
Item Page Number: 13
Menifee Finance Committee March 16, 2026 Page 136 of 137
Exhibit B
Seaflower Battery Energy Storage System Project – Site Plan Item: 6.3
Item Page Number: 14
Menifee Finance Committee March 16, 2026 Page 137 of 137