Wildomar City Council
May 10, 2023

Engineer's Report 320
68-4645 - CSA 103 (Lighting)
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
380410016 $66.12 380410017 $66.12 380410018 $66.12
380410019 $66.12 380411001 $66.12 380411002 $66.12
380411003 $66.12 380411004 $66.12 380411005 $66.12
380411006 $66.12 380411007 $66.12 380411008 $66.12
380411009 $66.12 380411010 $66.12 380411011 $66.12
380411012 $66.12 380411013 $66.12 380411014 $66.12
380411015 $66.12 380411016 $66.12 380411017 $66.12
380411018 $66.12 380411019 $66.12 380411020 $66.12
380411021 $66.12 380411022 $66.12 380411023 $66.12
380411024 $66.12 380411025 $66.12
Totals Parcels 3,341 Levy $154,971.18

Engineer's Report 321
68-4643 - CSA 142
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
368093037 $74.76 368100067 $31.50 368100068 $31.50
368100069 $31.50 368100070 $31.50 368100071 $31.50
368100072 $31.50 368100073 $31.50 368100074 $31.50
368100075 $31.50 368100076 $31.50 368100077 $31.50
368100078 $31.50 368100079 $31.50 368100080 $31.50
368100081 $31.50 368100082 $31.50 368120009 $106.70
368130022 $106.70 368251012 $31.50 368251013 $31.50
368251014 $31.50 368251015 $31.50 368251016 $31.50
368251017 $31.50 368251018 $31.50 368251019 $31.50
368251020 $31.50 368251021 $31.50 368251022 $31.50
368252001 $31.50 368252002 $31.50 368252003 $31.50
368252004 $31.50 368252005 $31.50 368252006 $31.50
368252007 $31.50 368252008 $31.50 368252009 $31.50
368252010 $31.50 368252011 $31.50 368252012 $31.50
368252013 $31.50 368252014 $31.50 368252015 $31.50
368252016 $31.50 368252017 $31.50 368252018 $31.50
368252019 $31.50 368252020 $31.50 368252021 $31.50
368252022 $31.50 368252023 $31.50 368252024 $31.50
368252025 $31.50 368272016 $74.76 368272017 $74.76
368272018 $74.76 368272019 $74.76 368272020 $74.76
368272021 $74.76 368272022 $74.76 368272023 $74.76
368272024 $74.76 368272025 $74.76 368290001 $31.50
368290002 $31.50 368290003 $31.50 368290004 $31.50
368290005 $31.50 368290006 $31.50 368290007 $31.50
368290008 $31.50 368290009 $31.50 368290010 $31.50
368290011 $31.50 368290012 $31.50 368290013 $31.50
368290014 $31.50 368310001 $73.74 368310002 $73.74
368310003 $73.74 368310004 $73.74 368310005 $73.74
368310006 $73.74 368310007 $73.74 368310008 $73.74
368310009 $73.74 368310010 $73.74 368310011 $73.74
368310012 $73.74 368310013 $73.74 368310014 $73.74
368310015 $73.74 368310016 $73.74 368310017 $73.74
368310018 $73.74 368310019 $73.74 368310020 $73.74
368310021 $73.74 368310022 $73.74 368310023 $73.74
368310024 $73.74 368310025 $73.74 368310026 $73.74
368310027 $73.74 368311001 $73.74 368311002 $73.74
368311003 $73.74 368311004 $73.74 368311005 $73.74
368311006 $73.74 368311007 $73.74 368311008 $73.74
368311009 $73.74 368311010 $73.74 368311011 $73.74
368311012 $73.74 370441001 $31.50 370441002 $31.50
370441003 $31.50 370441004 $31.50 370441005 $31.50
370442001 $31.50 370442002 $31.50 370442003 $31.50
370442004 $31.50 370442005 $31.50 370442006 $31.50
370442007 $31.50 370442008 $31.50 370442009 $31.50
370442010 $31.50 370442011 $31.50 370442012 $31.50
370442013 $31.50 370442014 $31.50 370442015 $31.50
Assessment Roll

Engineer's Report 322
68-4643 - CSA 142
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
370442016 $31.50 370442017 $31.50 370442018 $31.50
370442019 $31.50 370442020 $31.50 370442021 $31.50
370442022 $31.50 370442023 $31.50 370442024 $31.50
370442025 $31.50 370442026 $31.50 370442027 $31.50
370442028 $31.50 370442029 $31.50 370442030 $31.50
370442031 $31.50 370442032 $31.50 370442033 $31.50
370442034 $31.50 370442035 $31.50 370442036 $31.50
370442037 $31.50 370443001 $31.50 370443002 $31.50
370443003 $31.50 370443004 $31.50 370443005 $31.50
370443006 $31.50 370443007 $31.50 370443008 $31.50
370443009 $31.50 370443010 $31.50 370443011 $31.50
370443012 $31.50 370443013 $31.50 370443014 $31.50
370443015 $31.50 370443016 $31.50 370443017 $31.50
370451001 $31.50 370451002 $31.50 370451003 $31.50
370451004 $31.50 370451005 $31.50 370451006 $31.50
370452001 $31.50 370452002 $31.50 370452003 $31.50
370452004 $31.50 370452005 $31.50 370452006 $31.50
370452007 $31.50 370452008 $31.50 370452009 $31.50
370452010 $31.50 370452011 $31.50 370452012 $31.50
370452013 $31.50 370452014 $31.50 370452015 $31.50
370491001 $31.50 370491002 $31.50 370491003 $31.50
370491004 $31.50 370491005 $31.50 370491006 $31.50
370491007 $31.50 370491008 $31.50 370491009 $31.50
370491010 $31.50 370491011 $31.50 370491012 $31.50
370491013 $31.50 370491014 $31.50 370491015 $31.50
370491016 $31.50 370491017 $31.50 370491018 $31.50
370491019 $31.50 370491020 $31.50 370491021 $31.50
370491022 $31.50 370491023 $31.50 370491024 $31.50
370491025 $31.50 370491026 $31.50 370491027 $31.50
370491028 $31.50 370492001 $31.50 370492002 $31.50
370492003 $31.50 370492004 $31.50 370492005 $31.50
370492006 $31.50 370492007 $31.50 370492008 $31.50
370493001 $31.50 370493002 $31.50 370493003 $31.50
370493004 $31.50 370493005 $31.50 370493006 $31.50
370493007 $31.50 370493008 $31.50 370493009 $31.50
370493010 $31.50 370493011 $31.50 370493012 $31.50
370493013 $31.50 370493014 $31.50 370493015 $31.50
370493016 $31.50 370493017 $31.50 370493018 $31.50
370493019 $31.50 370493020 $31.50 370493021 $31.50
370493022 $31.50 370493023 $31.50 370493024 $31.50
370493025 $31.50 370493026 $31.50 370500001 $31.50
370500002 $31.50 370500003 $31.50 370500004 $31.50
370500005 $31.50 370500006 $31.50 370500007 $31.50
370500008 $31.50 370500009 $31.50 370500010 $31.50
370500011 $31.50 370500012 $31.50 370500013 $31.50
370500014 $31.50 370500015 $31.50 370500016 $31.50

Engineer's Report 323
68-4643 - CSA 142
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
370500017 $31.50 376160020 $872.06 376160021 $872.06
380140006 $31.50 380140007 $31.50 382240006 $106.70
382240007 $106.70 382240008 $106.70 382240009 $106.70
382240010 $106.70 382240011 $106.70 382240012 $106.70
382240013 $106.70 382240014 $106.70 382240015 $106.70
382240016 $106.70 382240017 $106.70 382240018 $106.70
382240019 $106.70 382240020 $106.70 382240021 $106.70
382240022 $106.70 382240023 $106.70 382240024 $106.70
382240025 $106.70 382240026 $106.70 382240027 $106.70
382240028 $106.70 382240029 $106.70 382240030 $106.70
382240031 $106.70 382240032 $106.70 382240033 $106.70
382241001 $106.70 382241002 $106.70 382241003 $106.70
382241004 $106.70 382241005 $106.70 382241006 $106.70
382241007 $106.70 382241008 $106.70 382241009 $106.70
382241010 $106.70 382241012 $106.70 382242001 $106.70
382242002 $106.70 382242003 $106.70 382242004 $106.70
382242005 $106.70 382242006 $106.70 382242007 $106.70
382242008 $106.70 382242009 $106.70 382242010 $106.70
382242011 $106.70 382242012 $106.70 382242013 $106.70
382242014 $106.70 382242015 $106.70 382242016 $106.70
382242017 $106.70 382242018 $106.70 382250003 $106.70
382250004 $106.70 382250005 $106.70 382250006 $106.70
382250007 $106.70 382250008 $106.70 382250009 $106.70
382250010 $106.70 382250011 $106.70 382250012 $106.70
382250013 $106.70 382250014 $106.70 382250015 $106.70
382250016 $106.70 382250017 $106.70 382250018 $106.70
382250019 $106.70 382250021 $106.70 382250022 $106.70
382250023 $106.70 382250024 $106.70 382250025 $106.70
382250026 $106.70 382250027 $106.70 382250028 $106.70
382250029 $106.70 382251001 $106.70 382251002 $106.70
382251003 $106.70 382251004 $106.70 382251005 $106.70
382251006 $106.70 382251007 $106.70 382251008 $106.70
382251009 $106.70 382251010 $106.70 382251011 $106.70
382251012 $106.70 382251013 $106.70 382251014 $106.70
382251015 $106.70 382251016 $106.70 382251017 $106.70
382251018 $106.70 382251019 $106.70 382251020 $106.70
382251021 $106.70 382251022 $106.70 382251023 $106.70
382251024 $106.70 382260005 $106.70 382260006 $106.70
382260007 $106.70 382260008 $106.70 382260009 $106.70
382260010 $106.70 382260011 $106.70 382260012 $106.70
382260013 $106.70 382260014 $106.70 382260015 $106.70
382260016 $106.70 382260017 $106.70 382260018 $106.70
382260019 $106.70 382260020 $106.70 382260021 $106.70
382261001 $106.70 382261002 $106.70 382261003 $106.70
382261004 $106.70 382261005 $106.70 382261006 $106.70
382261007 $106.70 382261008 $106.70 382261009 $106.70

Engineer's Report 324
68-4643 - CSA 142
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
382261010 $106.70 382261011 $106.70 382261012 $106.70
382261013 $106.70 382261014 $106.70 382261015 $106.70
382261016 $106.70 382261017 $106.70 382261018 $106.70
382261019 $106.70 382410001 $106.70 382410002 $106.70
382410003 $106.70 382410004 $106.70 382410005 $106.70
382411002 $106.70 382411003 $106.70 382411004 $106.70
382411005 $106.70 382411006 $106.70 382411007 $106.70
382411008 $106.70 382411009 $106.70 382411010 $106.70
382411011 $106.70 382411012 $106.70 382411013 $106.70
382411016 $106.70 382411017 $106.70 382411018 $106.70
382411019 $106.70 382411020 $106.70 382411021 $106.70
382411022 $106.70 382411023 $106.70 382411024 $106.70
382411025 $106.70 382420001 $106.70 382420002 $106.70
382420003 $106.70 382420004 $106.70 382420005 $106.70
382420006 $106.70 382420007 $106.70 382420008 $106.70
382420009 $106.70 382420010 $106.70 382420011 $106.70
382420012 $106.70 382420013 $106.70 382421001 $106.70
382421002 $106.70 382421003 $106.70 382421004 $106.70
382421005 $106.70 382421006 $106.70 382421007 $106.70
382421008 $106.70 382421009 $106.70 382421010 $106.70
382421011 $106.70 382421012 $106.70 382421013 $106.70
382421014 $106.70 382430001 $106.70 382430002 $106.70
382430003 $106.70 382430004 $106.70 382430005 $106.70
382430006 $106.70 382430007 $106.70 382430008 $106.70
382430009 $106.70 382430010 $106.70 382431003 $106.70
382431004 $106.70 382431005 $106.70 382431006 $106.70
382431007 $106.70 382431008 $106.70 382431009 $106.70
382431010 $106.70 382431011 $106.70 382431012 $106.70
382431013 $106.70 382431014 $106.70 382431016 $106.70
382431018 $106.70 382440001 $106.70 382440002 $106.70
382440003 $106.70 382440004 $106.70 382440005 $106.70
382440006 $106.70 382440007 $106.70 382440008 $106.70
382440009 $106.70 382440010 $106.70 382440011 $106.70
382440012 $106.70 382440013 $106.70 382440014 $106.70
Totals Parcels 516 Levy $37,880.74

Engineer's Report 325

APPENDIX B
County Service Areas Map
326
Palomar St
Clinton Keith Rd
Baxter Rd Palomar St
Mission Trl
Walnut St Central St Grand Ave
BundyCanyon
Rd
Orange St
215 §¨¦
15 §¨¦
0 5,000 10,000 2,500 Feet

COUNTY SERVICE AREAS

CITY OF WILDOMAR
Ê
CSA 103 DRAINAGE/

LANDSCAPE
CSA 103 LIGHTING CSA 142 LIGHTING CSA 22 LIGHTING CITY BOUNDARY 327
328

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.13
Meeting Date: May 10, 2023
SUBJECT: Landscaping and Lighting Maintenance District No. 89 1- Consolidated - Approval of Engineers Report and Intention to Levy
SUBMITTED BY: Jason Farag
PREPARED BY: Jason Farag
ACTION:

1. Adopt a Resolution entitled:

RESOLUTION NO. 2023 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE ANNUAL ENGINEER’S REPORT REGARDING THE PROPOSED LEVY

AND COLLECTION OF ASSESSMENTS FOR ALL ZONES OF LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED, FISCAL YEAR 2023-24

2. Adopt a Resolution entitled:

RESOLUTION NO. 2023 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR ALL ZONES OF LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED, FISCAL YEAR 2023-24
SUMMARY:

The City has several Landscape and Lighting Maintenance Districts (LLMD) which provide maintenance services to specific locations within the City. The services provided generally include landscape, drainage, trail and trail fencing, and streetlight maintenance. Maintenance services are funded through assessments collected from the parcels in the various district zones. Approval of these resolutions will approve the engineer's reports for and set the public hearing for charges related to LLMD 89-1-C for FY 23-24. 329
BACKGROUND:

Pursuant to the Landscape and Lighting Act of 1972 and Article XIII D of the Constitution of the State of California, all parcels that have special benefit conferred upon them as a result of the maintenance and operation of improvement shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that receive special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.

DISCUSSION:

Landscaping and Lighting Maintenance District No. 89-1-Consolidated (the “District”) maintains and services 31 locations throughout the City of Wildomar. The District contains 11 separate zones of benefits and 8 street lighting zones of benefits, each with multiple locations, as described in Attachment A. The annual adjustment for certain zones in the District are the greater of the change in the Consumer Price Index (CPI) or 2.00%. The change in CPI for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical area is 4.56% for Fiscal Year 2023-24. The Bureau of Labor Statistics has established this new Index for Riverside County and has discontinued the Los Angeles-Riverside-Orange County, CA Index.

The annual budget for Fiscal Year 2023-24 totals $347,833.00.

The primary improvements provided within the District may include, but are not limited to:
maintenance and servicing of landscape, multi-purpose trails, fencing, inspection of contractors' work, coordination of irrigation schedules, backflow devices and fossil filter improvements within public right-of-ways, and providing electricity to streetlights. Services provided include all necessary service, operations, administration and maintenance required to keep the above mentioned improvements in a healthy, vigorous and satisfactory working condition.

FISCAL IMPACT:

This item is required in order to set the June 14, 2023 public hearing; failure to do so will result in loss of District revenue for Fiscal Year 2023-24 for the maintenance of landscaping, trails, fencing, fossil filters and streetlights within certain areas of the City of Wildomar.

Adoption of these resolutions will allow the City of Wildomar to collect sufficient funds to meet its maintenance obligation for this Landscape and Lighting Maintenance District.

ATTACHMENTS:

Resolution - Approving the Engineer's Report
Resolution - Intention to Levy and Collect Assessments
A - LLMD Zones and Locations
B - Preliminary Engineer's Report (Volume 1)
C - Preliminary Engineer's Report (Volume 2)
330
RESOLUTION NO. 2023-________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA, APPROVING THE ANNUAL
ENGINEER’S REPORT REGARDING THE PROPOSED LEVY

AND COLLECTION OF ASSESSMENTS FOR ALL ZONES OF
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO.
89-1-CONSOLIDATED, FISCAL YEAR 2023-24
WHEREAS, the City Council pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereafter referred to as the “Act”) did by previous Resolution, order the preparation of an Annual Engineer’s Report (hereafter referred to as the “Report”) for the District known and designated as the Landscape and Lighting Maintenance District No. 89-1-Consolidated (hereafter referred to as the “District”); and, WHEREAS, there has now been presented to this City Council the Report as required by Chapter 1, Article 4 (commencing with Section 22565) of said Act; and, WHEREAS, this City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with the District, each and all of the budgets items and documents as set forth therein, and is satisfied that the levy amounts, on a preliminary basis, have been spread in accordance with the special benefit received from the improvements, operation, maintenance and services to be performed within the District, as set forth in said Report; and,

NOW, THEREFORE BE IT RESOLVED, FOUND, DETERMINED, AND
ORDERED BY THE CITY COUNCIL FOR THE CITY OF WILDOMAR AS FOLLOWS:

Section 1. The above recitals are true and correct.

Section 2. The “Report” as presented, consisting of the following:
a. A Description of the District Improvements.
b. The Annual Budget (Costs and Expenses of Services, Operations and Maintenance)
c. The Assessment Roll containing the Fiscal Year 2023-24 Levy for each Assessor Parcel within the District is hereby approved and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

Section 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report.
331
PASSED, APPROVED AND ADOPTED this 10th day of May 2023 by the following vote:

Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________
Thomas D. Jex Janet Morales
City Attorney City Clerk
332
RESOLUTION NO. 2023-________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WILDOMAR, CALIFORNIA, DECLARING ITS

INTENTION TO LEVY AND COLLECT ASSESSMENTS

FOR ALL ZONES OF LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED,
FISCAL YEAR 2023-24
WHEREAS, the City Council has by previous Resolutions formed the Wildomar Landscape and Lighting Maintenance District No. 89-1-Consolidated (hereafter referred to as the “District”), and initiated proceedings for Fiscal Year 2023-24, pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereafter referred to as the “Act”) that provides for the levy and collection of assessments by the County of Riverside for the City of Wildomar to pay the maintenance and services of all improvements and facilities related thereto; and,
WHEREAS, the City Council has retained Spicer Consulting Group LLC., for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Act; and,

NOW, THEREFORE BE IT RESOLVED, FOUND, DETERMINED, AND
ORDERED BY THE CITY COUNCIL OF THE CITY OF WILDOMAR AS FOLLOWS:

Section 1. Intention
The City Council hereby declares that it is its intention to levy and collect assessments within the District pursuant to the Act to pay the annual costs of the improvements specified in Section 3 of this resolution for Fiscal Year 2023-24. The City Council finds that the public’s best interest requires such levy and collection.

Section 2. District Boundaries
The boundaries of the District are described as the boundaries previously defined in the formation documents of the original District, within the boundaries of the City of Wildomar, within the County of Riverside, State of California.

Section 3. District Improvements
The improvements include the maintenance of streets, trees, sidewalks, parkways, landscaped slopes and park facilities within the District and the operation and maintenance of the street lighting system within the District. No new improvements or substantial changes to existing improvements are proposed. 333
Section 4. Proposed Assessment Amounts
For Fiscal Year 2023-24, the proposed assessments are outlined in the Engineer’s Annual Levy Report which details any changes or increases in the annual assessment.

Section 5. Engineer’s Report
The Engineer’s Report, on file with the City Clerk, is available for public inspection and contains a full and detailed description of the improvements, the boundaries of the District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the district.

Section 6. Public Hearing(s)
The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Sections 22626 - 22631 of the Act.

Section 7. Notice
The City shall give notice of the time and place of the Public Hearing to all property owners within the District by causing the publishing of this Resolution to be published once in the local newspaper not less than ten (10) days before the date of the Public Hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the City Council for the posting of notices. Any interested person may file a written protest with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.

Section 8. Notice of Public Hearing
Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Wednesday, June 14, 2023 at 6:00 p.m. or as soon thereafter as feasible in the City Council Chambers, located at 23873 Clinton Keith Rd, #106, Wildomar, CA 92595.
334
PASSED, APPROVED AND ADOPTED this 10th day of May 2023.

Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________
Thomas D. Jex Janet Morales
City Attorney City Clerk
335
ATTACHMENT “A”
The City of Wildomar Landscaping and Lighting Maintenance District No. 89-1 Consolidated contains 11 separate zones of benefits and 8 street lighting zones of benefits:

Zone 3 Location 7 – is located on Grand Ave
Zone 3 Location 23 – is located on Palomar St and South Pasadena St Zone 3 Location 24 – is located on Lemon St
Zone 3 Location 25 – is located on La Estrella St and Porras Rd Zone 3 Location 29 – is located on Catt Rd, Charles St, and Palomar St Zone 3 Location 35 – is located on Clinton Keith Rd
Zone 3 Location 42 – is located on Catt Rd
Zone 3 Location 43 – is located on Palomar St
Zone 3 Location 45 – is located on La Estrella Rd
Zone 3 Location 47 – is located on Catt Rd
Zone 3 Location 49 – is located on Grand Ave and South Pasadena St Zone 3 Location 53 – is located on Canyon Dr and Dorof Ct Zone 29 Location 2 – is located on Grand Ave
Zone 30 Location 1 – is located on Catt Rd and Palomar St Zone 30 Location 2 – is located on Palomar St
Zone 42 – is located on Clinton Keith Rd, La Estrella St, Loring Rd, and Smith Ranch Rd
Zone 51 – is located on Palomar St and South Pasadena St Zone 52 – is located on Grand Ave
Zone 59 – is located on Kevin Rd and Prielipp Rd
Zone 62 – is located on Palomar St
Zone 67 – is located on Catt Rd, Ketchum Dr, and Seattle Ridge Rd Zone 71 – is located on Elm St and Grand Ave
Zone 181 – is located on Clinton Keith Rd and Island Valley Dr Street Lighting Zone 18 – is located on Bundy Canyon Rd Street Lighting Zone 26 – is located on Catt Rd and Hidden Springs Rd Street Lighting Zone 27 – is located on Clinton Keith Rd and Elizabeth Ln Street Lighting Zone 35 – is located on Frederick St
Street Lighting Zone 50 – is located on Clinton Keith Rd Street Lighting Zone 70 – is located on Clinton Keith Rd and Hidden Springs Rd Street Lighting Zone 71 – is located on Prielipp Rd
Street Lighting Zone 73 – is located on Clinton Keith Rd and Palomar St 336

CITY OF WILDOMAR
Landscape and Lighting Maintenance District
No. 89-1-Consolidated Volume 1
FISCAL YEAR 2023-24

PRELIMINARY ENGINEERS REPORT
337
Table of Contents
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Sections
i. Introduction i

1. Plans and Specifications 1

2. Cost Estimates 3

3. Method of Apportionment of Assessment 15

4. Engineer’s Signature 21

5. Assessment Diagrams 22

6. Assessment Rolls 23
Tables
Table i-1 Summary of Assessments ii
Table 2-1 Zone 3 Budget 4
Table 2-2 Zone 29 Budget 5
Table 2-3 Zone 30 Budget 6
Table 2-4 Zone 42 Budget 7
Table 2-5 Zone 51 Budget 8
Table 2-6 Zone 52 Budget 9
Table 2-7 Zone 59 Budget 10
Table 2-8 Zone 62 Budget 11
Table 2-9 Zone 67 Budget 12
Table 2-10 Zone 71 Budget 13
Table 2-11 Zone 181 Budget 14
Table 3-1 Benefit by Zone 18
Table 3-2 Proposed Assessments 20
Appendices
Appendix A – Assessment Rolls
Appendix B – Assessment Diagrams
Appendix C – Capital Improvement Projects
338
i. Introduction Page | i
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
AGENCY: CITY OF WILDOMAR
PROJECT: LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT 89-1-CONSOLIDATED VOLUME 1 TO: CITY COUNCIL

CITY OF WILDOMAR

STATE OF CALIFORNIA
ENGINEER’S REPORT PURSUANT TO "LANDSCAPING AND LIGHTING ACT OF 1972" Pursuant to direction from the City Council (the “City Council”) of the City of Wildomar (the “City”), State of California, submitted herewith is the Engineer’s Report (the “Report”) for Landscaping and Lighting Maintenance District No. 89-1-Consolidated, Volume 1 (“LMD No. 89-1-C” or the “District”), consisting of the following parts, pursuant to the provisions of Section 22565 through 22574 of the Landscaping and Lighting Act of 1972 (the “Act”), said Act being Part 2 of Division 15 of the Streets and Highways Code of the State of California, Section 4 of Article XIII D of the California Constitution, and which is in accordance with Resolution No. 2023-__ adopted by the City of Wildomar Council, Riverside County, California ordering preparation of this Report. This Report is applicable for the ensuing 12-month period, being the Fiscal Year commencing July 1, 2023 to June 30, 2024.

Section 1 PLANS AND SPECIFICATIONS including a general description of the maintenance and plans of the landscaping, multi-purpose trails, fencing, fossil filters, and streetlights proposed to be funded.

Section 2 COST ESTIMATES of maintaining the landscaping, multi-purpose trails, fencing, fossil filters, and streetlights, including incidental costs and expenses in connection therewith for Fiscal Year 2023-24, are as set forth on the lists thereof, attached hereto.

Section 5 The METHOD OF APPORTIONMENT OF ASSESSMENT contains the method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon several lots and parcels of land within the District, in proportion to the estimated benefits to be received by such lots and parcels.

Section 4 ASSESSMENT DIAGRAMS showing the District, the lines and dimensions of each parcel of land within said District, as the same exists on the maps of the Assessor of Riverside County for Fiscal Year 2023-24, is filed in the offices of the City of Wildomar. A boundary map of each zone can be found in Appendix B.

Section 5 ASSESSMENT ROLLS showing the actual assessment for the Fiscal Year 2023-24 apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s Office can be found in Appendix A. 339
i. Introduction Page | ii
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
The following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing, and associated administrative costs of said improvements to be paid by the assessable real property within LMD No. 89-1-C in proportion to the special benefit received:

Table i-1
Summary of Assessments
Zone
Maintenance & Service
Costs
Administrative
Costs
Maximum
Assessment
Est Parcels/Acres
to be Assessed
Zone 3 $125,963 $8,652 $107,664 1,386 Parcels
Zone 29 $1,349 $129 $1,204 10 Parcels
Zone 30 $9,626 $3,749 $39,489 164 Parcels
Zone 42 $26,351 $4,360 $41,943 187 Parcels
Zone 51 $4,817 $1,094 $9,912 61 Parcels
Zone 52 $10,805 $5,670 $80,101 91 Parcels
Zone 59 $2,982 $620 $6,264 12.86 Acres
Zone 62 $6,462 $2,172 $21,398 113 Parcels
Zone 67 $1,561 $816 $9,226 44 Parcels
Zone 71 $5,122 $1,486 $13,251 143 Parcels
Zone 181 $3,223 $2,997 $30,819 33.84 Acres
Each succeeding Fiscal Year the special assessment for Zones 29, 30, 42, 51, 52, 59, 62, 67, 71 and 181 may be subject to an annual adjustment that is the greater of two percent (2.00%) or the cumulative percentage increase, if any, in the Consumer Price Index for all Urban Consumers (“CPI-U”) for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical area (the “Index”) published by the Bureau of Labor Statistics of the United States Department of Labor. Zone 3 and locations within Zone 3 do not have an escalator. The annual CPI-U adjustment will be based on the cumulative increase, if any, in the Index as it stands on March of each year over the base Index. Any increase larger than the greater of 2.00% or the CPI-U annual adjustment requires a majority approval of all the property owners within each of the benefit zones in LMD No. 89-1-C. There is a 4.56% proposed inflationary increase in the assessment per acre or per parcel as applicable in Zones 29, 30, 42, 51, 52, 59, 62, 67, 71 and 181 over the assessment levied for Fiscal Year 2022-23, which is consistent with the ballot proposition approved by the qualified electors when establishing said zones. The Bureau of Labor Statistics of the United States Department of Labor has discontinued the Los Angeles-Riverside-Orange County, CA Index. 340

1. Plans and Specifications Page | 1
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Description of Improvements
Landscaping and Lighting Maintenance District No. 89-1-C is located throughout the County of Riverside. This Report provides information specific to the Zones within the boundaries of the City of Wildomar. LMD 89-1-C maintains and services 31 locations throughout the City of Wildomar. The District contains 11 separate Zones of benefit and 8 Street Lighting Zones. Each zone is created within the District in order to apportion the annual costs of the maintenance of the authorized improvements and the administration of the District to each property according to the special benefit to be conferred on each such property by such improvements. The following information is specific to the zone within the boundaries of the City of Wildomar.

Zone 3 generally includes the maintenance and servicing of landscape improvements within public right-of-ways of:

Brillante Dr. Clinton Keith Rd. Iodine Springs Rd. Porras Rd.

Canyon Dr. David Ln. La Estrella St. Primrose Ln.

Catt Rd. Frederick St. Lemon St. South Pasadena St.

Charles St. Grand Ave. Palomar St. Trigg Rd.

Zone 29 generally includes the maintenance and servicing of landscape, multi-purpose trails and fencing improvements within public right-of-ways of:

Grand Ave.

Zone 30 generally includes the maintenance and servicing of landscape, multi-purpose trails and fencing improvements within public right-of-ways of:

Catt Rd. Palomar St.

Zone 42 generally includes the maintenance and servicing of parkway landscaping and future median landscaping improvements within public right-of-ways of:

Carlton Rd. Crossroads St. La Estrella St. Smith Ranch Rd.

Clinton Keith Rd. Country Park Rd. Loring Rd.

Zone 51 generally includes the maintenance and servicing of landscape and multi-purpose trail improvements within public right-of-ways of:

Palomar St. South Pasadena St.

Zone 52 generally includes the maintenance and servicing of landscape, multi-purpose trails, fencing, and fossil filter improvements within public right-of-ways of:

Big Sycamore Ct. Crested Finch Ct. Red Dawn Ct. Sweet Nectar Rd.

Black Walnut Ct. Fox Den Rd. Sheila Ln. Tranquil Ln.

Coopers Hawk Ct. Grand Ave. Soaring Falcon Ct.

Zone 59 generally includes the maintenance and servicing of fossil filter improvements and the provision of for streetlights within public right-of-ways of:

Kevin Rd. Prielipp Rd.
341

1. Plans and Specifications Page | 2
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Zone 62 generally includes the maintenance and servicing of multi-purpose trails and fossil filter improvements within public right-ofways of:

Agape Ln. Greyhawk Rd. Seattle Ridge Rd. Delca Ln.

Palomar St.

Zone 67 generally includes the maintenance and servicing of landscape and fossil filter improvements within public right-of-ways of:

Agape Ln. Catt Rd. Ketchum Dr. Seattle Ridge Rd.

Zone 71 generally includes the maintenance and servicing of landscape improvements within public right-of-ways of:

Elm St. Grand Ave.

Zone 181 generally includes the maintenance and servicing of lighting, fossil filters, and landscape improvements within public right‐of‐ ways:

Clinton Keith Rd. Inland Valley Dr.
342

2. Cost Estimates Page | 3
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
The cost estimate contains each of the items specified in Section 22569 of the Act.

The Act provides that the estimated costs of the improvements shall include the total cost of the improvements for the entire Fiscal Year 2023-24, including incidental expenses, which may include operating reserves.

The Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within the Zones is the total cost of installation, maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.

The inflation factor, for those zones with an inflation factor in place, may increase budgets for Zones, which have not been accepted for maintenance, as if assessed. However, the amount to levy may be credited resulting in a zero assessment.

There is no proposed increase in the assessment per parcel in Zone 3 over the assessment levied for Fiscal Year 2022-23, as this zone did not institute an inflation factor when established. There is a 4.56% proposed inflationary increase in the assessment per acre or per parcel as applicable in Zones 29, 30, 42, 51, 52, 59, 62, 67, 71 and 181 over the assessment levied for Fiscal Year 2022-23, which is consistent with the ballot proposition approved by the qualified electors when establishing said zones. The Bureau of Labor Statistics of the United States Department of Labor has discontinued the Los Angeles-Riverside-Orange County, CA Index. 343

2. Cost Estimates Page | 4
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Table 2-1
Zone 3 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Contractual Services $74,242.01 $77,627.45
Professional Services $240.00 $250.94
Electricity $1,877.98 $1,963.62
Water $45,216.99 $46,121.33
Total Direct Costs $121,576.98 $125,963.34
Indirect Costs
Assessment Engineer $5,728.20 $5,728.20
Auditor-Controller $576.27 $576.27
Contract Administration $2,348.00 $2,348.00
Rounding $0.00 $0.00
Total Indirect Costs $8,652.47 $8,652.47
Total Costs $130,229.45 $134,615.81
Collection/(Contribution)
Operating Reserve ($22,564.97) ($26,951.33)
Capital Replacement $0.00 $0.00
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments ($22,564.97) ($26,951.33)
Total Assessment $107,664.48 $107,664.48
Reserve Fund Balances
Beginning Operating Reserve $8,146.33
Operating Reserve Collection $0.00
Operating Reserve Contribution ($26,951.33)
Est. Ending Operating Reserve ($18,805.00)
Beginning Capital Replacement Reserve $0.00
Capital Reserve Collection $0.00
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $0.00
344

2. Cost Estimates Page | 5
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Table 2-2
Zone 29 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Contractual Services $628.00 $656.64
Professional Services $30.00 $31.37
Electricity $154.90 $161.96
Water $489.51 $499.30
Total Direct Costs $1,302.41 $1,349.27
Indirect Costs
Assessment Engineer $34.00 $34.00
Auditor-Controller $94.67 $94.67
Contract Administration $0.00 $0.00
Rounding $0.00 $0.00
Total Indirect Costs $128.67 $128.67
Total Costs $1,431.08 $1,477.94
Collection/(Contribution)
Operating Reserve ($294.88) ($289.82)
Capital Replacement $0.00 $0.00
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments ($294.88) ($289.82)
Total Assessment $1,136.20 $1,188.12
Reserve Fund Balances
Beginning Operating Reserve ($6,346.77)
Operating Reserve Collection $0.00
Operating Reserve Contribution ($289.82)
Est. Ending Operating Reserve ($6,636.59)
Beginning Capital Replacement Reserve $0.00
Capital Reserve Collection $0.00
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $0.00
345

2. Cost Estimates Page | 6
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Table 2-3
Zone 30 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Contractual Services $5,961.30 $6,233.14
Professional Services $60.00 $62.74
Electricity $192.07 $200.83
Water $3,067.60 $3,128.95
Total Direct Costs $9,280.97 $9,625.66
Indirect Costs
Assessment Engineer $1,586.29 $1,586.29
Auditor-Controller $148.57 $148.57
Contract Administration $1,926.02 $2,013.85
Rounding $0.00 $0.00
Total Indirect Costs $3,660.88 $3,748.71
Total Costs $12,941.85 $13,374.37
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $21,376.79 $22,509.20
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $21,376.79 $22,509.20
Total Assessment $34,318.64 $35,883.57
Reserve Fund Balances
Beginning Operating Reserve $6,687.19
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $6,687.19
Beginning Capital Replacement Reserve $153,239.11
Capital Reserve Collection $22,509.20
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $175,748.31
346

2. Cost Estimates Page | 7
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Table 2-4
Zone 42 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Contractual Services $9,972.99 $10,427.76
Professional Services $90.00 $94.10
Electricity $607.33 $635.02
Water $14,896.36 $15,194.29
Total Direct Costs $25,566.68 $26,351.17
Indirect Costs
Assessment Engineer $2,064.70 $2,064.70
Auditor-Controller $156.62 $156.62
Contract Administration $2,045.72 $2,139.00
Rounding $0.00 $0.00
Total Indirect Costs $4,267.04 $4,360.32
Total Costs $29,833.72 $30,711.49
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $6,616.32 $7,400.67
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $6,616.32 $7,400.67
Total Assessment $36,450.04 $38,112.16
Reserve Fund Balances
Beginning Operating Reserve $15,355.75
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $15,355.75
Beginning Capital Replacement Reserve $89,340.85
Capital Reserve Collection $7,400.67
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $96,741.52
347

2. Cost Estimates Page | 8
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Table 2-5
Zone 51 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Contractual Services $3,084.14 $3,224.78
Professional Services $0.00 $0.00
Electricity $158.52 $165.75
Water $1,398.26 $1,426.23
Total Direct Costs $4,640.92 $4,816.76
Indirect Costs
Assessment Engineer $476.03 $476.03
Auditor-Controller $112.52 $112.52
Contract Administration $483.47 $505.52
Rounding $0.00 $0.00
Total Indirect Costs $1,072.02 $1,094.07
Total Costs $5,712.94 $5,910.83
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $3,642.02 $3,871.72
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $3,642.02 $3,871.72
Total Assessment $9,354.96 $9,782.55
Reserve Fund Balances
Beginning Operating Reserve $2,955.42
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $2,955.42
Beginning Capital Replacement Reserve $16,314.22
Capital Reserve Collection $3,871.72
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $20,185.94
348

2. Cost Estimates Page | 9
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Table 2-6
Zone 52 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Contractual Services $8,967.00 $9,375.90
Professional Services $30.00 $31.37
Electricity $224.03 $234.25
Water $1,140.18 $1,162.98
Total Direct Costs $10,361.21 $10,804.50
Indirect Costs
Assessment Engineer $1,461.45 $1,461.45
Auditor-Controller $123.02 $123.02
Contract Administration $3,906.94 $4,085.10
Rounding $0.00 $0.00
Total Indirect Costs $5,491.41 $5,669.57
Total Costs $15,852.62 $16,474.07
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $53,764.20 $56,317.28
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $53,764.20 $56,317.28
Total Assessment $69,616.82 $72,791.35
Reserve Fund Balances
Beginning Operating Reserve $8,237.04
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $8,237.04
Beginning Capital Replacement Reserve $470,651.93
Capital Reserve Collection $56,317.28
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $526,969.21
349

2. Cost Estimates Page | 10
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Table 2-7
Zone 59 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Contractual Services $1,492.50 $1,560.56
Professional Services $0.00 $0.00
Electricity $379.42 $800.00
Debt Service Repayment $619.21 $621.00
Total Direct Costs $2,491.13 $2,981.56
Indirect Costs
Assessment Engineer $207.64 $207.64
Auditor-Controller $92.57 $92.57
Contract Administration $305.56 $319.49
Rounding $0.00 $0.00
Total Indirect Costs $605.77 $619.70
Total Costs $3,096.90 $3,601.26
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $2,815.94 $2,581.24
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $2,815.94 $2,581.24
Total Assessment $5,912.84 $6,182.50
Reserve Fund Balances
Beginning Operating Reserve $1,800.63
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $1,800.63
Beginning Capital Replacement Reserve $21,302.10
Capital Reserve Collection $2,581.24
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $23,883.34
350

2. Cost Estimates Page | 11
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Table 2-8
Zone 62 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Contractual Services $4,294.80 $4,490.64
Professional Services $30.00 $31.37
Water $1,901.93 $1,939.97
Total Direct Costs $6,226.73 $6,461.98
Indirect Costs
Assessment Engineer $950.00 $950.00
Auditor-Controller $130.72 $130.72
Contract Administration $1,043.65 $1,091.24
Rounding $0.00 $0.00
Total Indirect Costs $2,124.37 $2,171.96
Total Costs $8,351.10 $8,633.94
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $10,246.44 $10,811.81
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $10,246.44 $10,811.81
Total Assessment $18,597.54 $19,445.75
Reserve Fund Balances
Beginning Operating Reserve $4,316.97
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $4,316.97
Beginning Capital Replacement Reserve $109,140.66
Capital Reserve Collection $10,811.81
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $119,952.47
351

2. Cost Estimates Page | 12
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Table 2-9
Zone 67 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Contractual Services $545.74 $570.63
Professional Services $30.00 $31.37
Water $940.56 $959.37
Total Direct Costs $1,516.30 $1,561.37
Indirect Costs
Assessment Engineer $239.30 $239.30
Auditor-Controller $106.57 $106.57
Contract Administration $450.00 $470.52
Rounding $0.00 $0.00
Total Indirect Costs $795.87 $816.39
Total Costs $2,312.17 $2,377.76
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $5,705.51 $6,006.21
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $5,705.51 $6,006.21
Total Assessment $8,017.68 $8,383.97
Reserve Fund Balances
Beginning Operating Reserve $1,188.88
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $1,188.88
Beginning Capital Replacement Reserve $52,664.35
Capital Reserve Collection $6,006.21
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $58,670.56
352

2. Cost Estimates Page | 13
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Table 2-10
Zone 71 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Contractual Services $2,074.73 $2,169.34
Professional Services $30.00 $31.37
Electricity $159.06 $166.31
Trails $0.00 $0.00
Water $2,701.28 $2,755.31
Total Direct Costs $4,965.07 $5,122.33
Indirect Costs
Assessment Engineer $669.46 $669.46
Auditor-Controller $141.22 $141.22
Contract Administration $646.33 $675.80
Rounding $0.00 $0.00
Total Indirect Costs $1,457.01 $1,486.48
Total Costs $6,422.08 $6,608.81
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $6,084.70 $6,468.91
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $6,084.70 $6,468.91
Total Assessment $12,506.78 $13,077.72
Reserve Fund Balances
Beginning Operating Reserve $3,304.41
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $3,304.41
Beginning Capital Replacement Reserve $43,811.78
Capital Reserve Collection $6,468.91
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $50,280.69
353

2. Cost Estimates Page | 14
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Table 2-11
Zone 181 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Contractual Services $1,486.00 $1,553.76
Professional Services $0.00 $0.00
Electricity $612.57 $800.00
Debt Service Repayment $866.89 $869.00
Total Direct Costs $2,965.46 $3,222.76
Indirect Costs
Assessment Engineer $1,332.93 $1,332.93
Auditor-Controller $91.87 $91.87
Contract Administration $1,503.23 $1,571.78
Rounding $0.00 $0.00
Total Indirect Costs $2,928.03 $2,996.58
Total Costs $5,893.49 $6,219.34
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $20,892.45 $21,788.06
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $20,892.45 $21,788.06
Total Assessment $26,785.94 $28,007.40
Reserve Fund Balances
Beginning Operating Reserve $3,109.67
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $3,109.67
Beginning Capital Replacement Reserve $132,136.31
Capital Reserve Collection $21,788.06
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $153,924.37
354

3. Method of Apportionment of Assessment Page | 15
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Changes in Organization
There are no changes in organization for any zone for Fiscal Year 2023-24.

Proposition 218 Compliance
On November 5, 1996 California voters approved Proposition 218 entitled “Right to Vote on Taxes Act” which added Article XIII D to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.

Some of these exceptions include:

1. Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.

2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).

Proposition 218 does not define this term “streets.” However, based on the opinions of the public agency officials, attorneys, assessment engineers, and Senate Bill 919, it has been determined that streets include all public improvements located within the street right-ofway. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.

Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the real property” (California Constitution, Article XIII D, §2(b)). A special assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.

Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements which a local government must follow to levy an assessment. In addition to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires a local government to “separate the general benefits from the special benefits conferred on a parcel.” By its nature most every public improvement financed through an assessment district contains an element of public benefit. The test is:
does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that portion of the cost of the improvement which benefits the public generally, to be separated from that portion of the cost of the improvement which specially benefits assessed properties. Proposition 218 provides the following definition of “special benefit”:
“’Special benefit’ means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute ‘special benefit’.”
The actual assessment and the amount of the assessment for the Fiscal Year 2023-24 apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part of the records of the County Assessor of the County of Riverside and such records are, by reference, made part of this Report. 355

3. Method of Apportionment of Assessment Page | 16
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Direct and Special Benefit
The maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement provides direct and special benefit to those properties located within Landscaping and Lighting Maintenance District No. 89-1-Consolidated (District).

Each and every lot or parcel within the District receives a particular and distinct benefit from the improvements over and above general benefits conferred by the improvements. First, improvements were conditions of approval for the creation or development of the parcels.

In order to create or develop the parcels, the County or City required the original developer to install and/or guarantee the maintenance of the improvements, and appurtenant facilities serving the lots or parcels. Therefore, each and every lot or parcel within the District could not have been developed in the absence of the installation and expected maintenance of these facilities.

In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the District because of the nature of the improvements. The proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement, and appurtenant facilities specially benefit parcels within the District by moderating temperatures, providing oxygenation, attenuating noise from adjacent streets and controlling dust for those properties in close proximity to the landscaping. Improved erosion and water quality control, dust abatement, increased public safety (e.g., control sight distance restrictions and fire hazards), improved neighborhood property protection and aesthetics, controlling or restricting the flow of traffic into and out of the development, increasing public safety for both pedestrians and the motoring public, and increasing traffic safety by improving visibility. The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping located throughout the properties within the District. Streetlights also provide safety for pedestrians and motorists living and owning property in the District during the nighttime hours, and to assign rights-of-way for the safety of pedestrians and motorists by defining a specific path during all hours of the day.

Streets are constructed for the safe and convenient travel of vehicles and pedestrians. They also provide an area for underground and overhead utilities. These elements are a distinct and special benefit to all developed parcels in the District. Streetlights are installed on and are for street purposes and are maintained and serviced to allow the street to perform to the standards it was designed.

Streetlights are determined to be an integral part of “streets” as a “permanent public improvement.” One of the principal purposes of fixed roadway lighting is to create a nighttime environment conducive to quick, accurate, and comfortable seeing for the user of the facility. These factors, if attained, combine to improve traffic safety and achieve efficient traffic movement. Fixed lighting can enable the motorist to see detail more distinctly and to react safely toward roadway and traffic conditions present on or near the roadway facility.

The system of streets within the District is established to provide access to each parcel in the District. Streetlights provide a safer street environment for owners of the parcels served. If the parcels were not subdivided to provide individual parcels to owners within the District, there would be no need for a system of streets with streetlights. Therefore, the installation of streetlights is for the express, special benefit of the parcels within the District.

The proper maintenance of the landscaping, ornamental structures, and appurtenant facilities reduces property-related crimes (especially vandalism) against properties in the District through the screening of properties within the District from arterial streets.

Finally, the proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, and graffiti abatement, and appurtenant structures improves the attractiveness of the properties within the District. This provides a positive visual experience each and every time a trip is made to or from the property and provides an enhanced quality of life and sense of well-being for properties within the District.

Traffic signal assessments are based on traffic studies and/or trip counts. See Section 2 (Cost Estimate) for specific zone benefits.

Because all benefiting properties consist of a uniform land use, it is determined that all lots or parcels benefit equally from the improvements and the costs and expenses for the provision of electricity for the streetlights and traffic signals and the maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, traffic signals, and bridge lights, and graffiti abatement are apportioned on a per acre, per EDU (Equivalent Dwelling Unit), or per parcel basis. 356

3. Method of Apportionment of Assessment Page | 17
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Based on the benefits described above, landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement are an integral part of the quality of life of the District. This quality of life is a special benefit to those parcels that are not government owned easements, utility easements, and flood channel parcels. Government owned easements, utility easements, and flood channel parcels do not benefit from the improvements due to their use and lack of habitation on such parcels. Parcels of this nature are usually vacant narrow strips of land or flood control channels and therefore do not generate or experience pedestrian or vehicular traffic. Nor do these types of parcels support dwelling units or other structures that would promote frequent use of the parcels by the traveling public. As a result of this lack of activity on such parcels they do not receive any benefit from landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement and are not assessed.

General Benefit
The total benefit from the works of improvement is a combination of the special benefits to the parcels within the District and the general benefits to the public at large and to adjacent property owners. The portion of the total landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement maintenance costs associated with general benefits will not be assessed to the parcels in the District, but will be paid from other City Funds. Because the landscaping, multipurpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement improvements are located immediately adjacent to properties within the District and are maintained solely for the benefit of the properties within the District, any benefit received by properties outside of the District will be in the proportions stated under Special Benefit. As a result, no property is assessed in excess of the reasonable cost of the proportional special benefit conferred on that property.

Method of Apportionment
The Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, dedicated easements for landscape use, and appurtenant facilities. The Act further provides that assessments may be apportioned upon all assessable lots or parcels of land within an assessment district in proportion to the estimated benefits to be received by each lot or parcel from the improvements rather than assessed value.
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided by the District to fairly apportion the costs based on the estimated benefit to each parcel.

In addition, Article XIII D of the California Constitution (the “Article”) requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit. 357

3. Method of Apportionment of Assessment Page | 18
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Benefit by Zone
Each of the assessable parcels within the zones listed below has been deemed to receive proportional special benefit from the maintenance and operation of the improvements within that zone. The percentage change in allowable Fiscal Year 2023-24 assessment from the allowable Fiscal Year 2022-23 assessment is as follows:

Table 3-1
Benefit by Zone
Zone
Estimated
Levy
FY 2023-24
Total
Parcels/Acres
Allowable
Assessment
per Parcel
FY 2022-23
Allowable
Assessment
per Parcel
FY 2023-24
Maximum
Assessment
Rate
Change (%)
Preliminary
Assessment
per Parcel
FY 2023-24
Zone 3 $107,664.48 1,386 Parcels $77.68 $77.68 0.00% $77.68 Zone 29 $1,188.12 10 Parcels $115.14 $120.39 4.56% $118.81 Zone 30 $35,883.57 164 Parcels $230.28 $240.78 4.56% $218.80 Zone 42 $38,112.16 187 Parcels $214.51 $224.29 4.56% $203.81 Zone 51 $9,782.55 61 Parcels $155.41 $162.50 4.56% $160.37 Zone 52 $72,791.35 91 Parcels $841.85 $880.23 4.56% $799.90 Zone 59 $6,182.50 12.86 Acres $465.88 $487.13 4.56% $480.75 Zone 62 $19,445.75 113 Parcels $181.11 $189.36 4.56% $172.09 Zone 67 $8,383.97 44 Parcels $200.53 $209.68 4.56% $190.54 Zone 71 $13,077.72 143 Parcels $88.62 $92.67 4.56% $91.45 Zone 181 $28,007.40 33.84 Acres $871.02 $910.74 4.56% $827.64 Whereas, the Board of Supervisors of the County of Riverside, State of California, did, pursuant to the provisions of the “Landscaping and Lighting Act of 1972", being Division 15 of the Streets and Highways Code of the State of California, adopt Resolution No. 94-389 to initiate proceedings to form a special assessment district known and designated as:

Landscaping and Lighting Maintenance District No. 89-1-Consolidated; and, Whereas, the City Council, did direct the appointed engineer to prepare and file an annual report, in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the Streets and Highways Code, being an article of the aforementioned Landscaping and Lighting Act of 1972.

Whereas, Section 22567 of said Article 4 states the Report shall consist of the following; a. Maintenance plans for the improvements
b. An estimate of the costs of the improvements
c. A diagram for the assessment district
d. An assessment of the estimated costs of the maintenance of the improvements Now, Therefore, I, the appointed ENGINEER, acting on behalf of the City of Wildomar, pursuant to the Act, do hereby submit the following:

1. Pursuant to the provisions of law the costs and expenses of the District have been assessed upon the parcels of land in the District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said parcel, reference is made to the Assessment Diagram, a reduced copy of which is included herein.
358

3. Method of Apportionment of Assessment Page | 19
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24

2. As required by law, a Diagram is filed herewith, showing the District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District as the same exist each of which subdivisions of land or parcels or lots, respectively, have been given a separate number upon said Diagram and in the Assessment Roll contained herein.

3. The separate numbers given the subdivisions and parcels of land, as shown on said Assessment Diagram and Assessment Roll, correspond with the numbers assigned to each parcel by the Riverside County Assessor. Reference is made to the County Assessment Roll for a description of the lots or parcels.

4. There are no parcels or lots within Zones 3, 29, 30, 42, 51, 52, 59, 62, 67, 71 and 181 that are owned by a federal, state or other local governmental agency that will benefit from the services to be provided by the assessments to be collected.

The City requested Spicer Consulting Group, LLC., to prepare and file an Engineer’s Report for Landscaping and Lighting Maintenance District No. 89-1-Consolidated pursuant to the Landscaping and Lighting Act of 1972 presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for LMD No. 89-1-C for the referenced Fiscal Year, a diagram for the District showing the area and properties to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing the improvements, assessing the net amount upon all assessable lots and-or parcels within the District in proportion to the special benefit received. 359

3. Method of Apportionment of Assessment Page | 20
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Each succeeding Fiscal Year the special assessment for Zones 29, 30, 42, 51, 52, 59, 62, 67, 71 and 181 may be subject to an annual adjustment that is the greater of two percent (2.00%) or the cumulative percentage increase, if any, in the Consumer Price Index for all Urban Consumers (“CPI-U”) for the Riverside-San Bernardino-Ontario Standard Metropolitan Statistical area (“Index”) published by the Bureau of Labor Statistics of the United States Department of Labor. The annual CPI-U adjustment will be based on the cumulative increase, if any, in the Index as it stands in March of each year over the base Index. Any increase larger than the greater of 2.00% or the CPI-U annual adjustment requires a majority approval of all the property owners within each of the benefit zones in LMD No. 89-1- C.

Table 3-2
Proposed Assessments
Zone Fiscal Year
Maximum
% Increase
Maximum
Assessment
Actual
% Increase
Actual
Assessment
% of
Maximum
Zone 3 2022-23 0.00% $77.68 0.00% $77.68 100%
2023-24 0.00% $77.68 0.00% $77.68 100%
Zone 29 2022-23 10.04% $115.14 8.60% $113.63 99%
2023-24 4.56% $120.39 4.56% $118.81 99%
Zone 30 2022-23 10.04% $230.28 0.00% $209.26 91%
2023-24 4.56% $240.78 4.56% $218.80 91%
Zone 42 2022-23 10.04% $214.51 0.00% $194.92 91%
2023-24 4.56% $224.29 4.56% $203.81 91%
Zone 51 2022-23 10.04% $155.41 8.60% $153.38 99%
2023-24 4.56% $162.50 4.56% $160.37 99%
Zone 52 2022-23 10.04% $841.85 0.00% $765.02 91%
2023-24 4.56% $880.23 4.56% $799.90 91%
Zone 59 2022-23 10.04% $465.88 8.60% $459.79 99%
2023-24 4.56% $487.13 4.56% $480.75 99%
Zone 62 2022-23 10.04% $181.11 0.00% $164.58 91%
2023-24 4.56% $189.36 4.56% $172.09 91%
Zone 67 2022-23 10.04% $200.53 0.00% $182.23 91%
2023-24 4.56% $209.68 4.56% $190.54 91%
Zone 71 2022-23 10.04% $88.62 8.60% $87.46 99%
2023-24 4.56% $92.67 4.56% $91.45 99%
Zone 181 2022-23 10.04% $871.02 0.00% $791.55 91%
2023-24 4.56% $910.74 4.56% $827.64 91%
360

4. Engineer’s Signature Page | 21
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
Executed this day of 2023.

FRANCISCO MARTINEZ JR
PROFESSIONAL CIVIL ENGINEER NO. 84640

ENGINEER OF WORK

CITY OF WILDOMAR

STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed with me on the _______ day of ____________, 2023.

CITY CLERK

CITY OF WILDOMAR

STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Wildomar, California, on the _____day of ___________, 2023.

CITY CLERK

CITY OF WILDOMAR

STATE OF CALIFORNIA
361

5. Assessment Diagrams Page | 22
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
A reduced copy of the Assessment Diagrams are filed herewith, are incorporated by reference in Appendix B herein, and made part of this Report.

If any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel number will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

Information identified on these maps was received from several sources including the owner/developer, City of Wildomar, and the Riverside County Assessor.
362

6. Assessment Rolls Page | 23
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
The actual amount of the assessment for the Fiscal Year 2023-24 apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part of the records of the County Assessor of the County of Riverside and such records are, by reference, made part of this Report.

The total assessment for the Fiscal Year 2023-24 is $340,519.57. 1 1 The actual assessment roll amount might have a minimal variance due to rounding. 363

APPENDIX A
Assessment Rolls
364
68-9836 - LMD 89-1-C Vol.1 - Zone 3
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
362511001 $77.68 362511002 $77.68 362511003 $77.68
362511004 $77.68 362511005 $77.68 362511006 $77.68
362511007 $77.68 362511008 $77.68 362511009 $77.68
362511010 $77.68 362512001 $77.68 362512002 $77.68
362512003 $77.68 362512004 $77.68 362512005 $77.68
362512006 $77.68 362512007 $77.68 362512008 $77.68
362512009 $77.68 362512010 $77.68 362512011 $77.68
362512012 $77.68 362512013 $77.68 362512014 $77.68
362512015 $77.68 362512016 $77.68 362512017 $77.68
362512018 $77.68 362512019 $77.68 362512020 $77.68
362512021 $77.68 362512022 $77.68 362512023 $77.68
362512024 $77.68 362512025 $77.68 362512026 $77.68
362512027 $77.68 362512028 $77.68 362512029 $77.68
362512030 $77.68 362512031 $77.68 362512032 $77.68
362512033 $77.68 362512034 $77.68 362512035 $77.68
362512036 $77.68 362512037 $77.68 362512038 $77.68
362512039 $77.68 362512040 $77.68 362512041 $77.68
362512042 $77.68 362512043 $77.68 362512044 $77.68
362512045 $77.68 362512046 $77.68 362513001 $77.68
362513002 $77.68 362513003 $77.68 362513004 $77.68
362513005 $77.68 362513006 $77.68 362513007 $77.68
362513008 $77.68 362513009 $77.68 362513010 $77.68
362513011 $77.68 362514001 $77.68 362514002 $77.68
362514003 $77.68 362514004 $77.68 362514005 $77.68
362514006 $77.68 362521001 $77.68 362521002 $77.68
362521003 $77.68 362521004 $77.68 362521005 $77.68
362521006 $77.68 362522001 $77.68 362522002 $77.68
362522003 $77.68 362522004 $77.68 362522005 $77.68
362522006 $77.68 362522007 $77.68 362522008 $77.68
362522009 $77.68 362522010 $77.68 362522011 $77.68
362522012 $77.68 362522013 $77.68 362522014 $77.68
362522015 $77.68 362522016 $77.68 362522017 $77.68
362522018 $77.68 362522019 $77.68 362522020 $77.68
362522021 $77.68 362522022 $77.68 362522023 $77.68
362522024 $77.68 362522025 $77.68 362522026 $77.68
362522027 $77.68 362522028 $77.68 362522029 $77.68
362522030 $77.68 362522031 $77.68 362522032 $77.68
362522033 $77.68 362522034 $77.68 362522035 $77.68
362523001 $77.68 362523002 $77.68 362523003 $77.68
362523004 $77.68 362523005 $77.68 362523006 $77.68
362523007 $77.68 362523008 $77.68 362523009 $77.68
362523010 $77.68 362523011 $77.68 362523012 $77.68
362523013 $77.68 362523014 $77.68 362523015 $77.68
362523016 $77.68 362531001 $77.68 362531002 $77.68
362531003 $77.68 362531004 $77.68 362531005 $77.68
362531006 $77.68 362531007 $77.68 362531008 $77.68
Assessment Roll

Engineer's Report 365
68-9836 - LMD 89-1-C Vol.1 - Zone 3
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
362531009 $77.68 362531010 $77.68 362531011 $77.68
362531012 $77.68 362531014 $77.68 362531015 $77.68
362531016 $77.68 362531017 $77.68 362531018 $77.68
362531019 $77.68 362531020 $77.68 362531021 $77.68
362531022 $77.68 362531023 $77.68 362531024 $77.68
362531025 $77.68 362531026 $77.68 362531027 $77.68
362531028 $77.68 362531029 $77.68 362531030 $77.68
362531031 $77.68 362532001 $77.68 362532002 $77.68
362532003 $77.68 362532004 $77.68 362532005 $77.68
362532006 $77.68 362532007 $77.68 362532008 $77.68
362533001 $77.68 362533002 $77.68 362533003 $77.68
362533004 $77.68 362533005 $77.68 362533006 $77.68
362533007 $77.68 362533008 $77.68 362533009 $77.68
362533010 $77.68 362533011 $77.68 362533012 $77.68
362533013 $77.68 362533014 $77.68 362533015 $77.68
362533016 $77.68 362533017 $77.68 362533018 $77.68
362533019 $77.68 362533020 $77.68 362533021 $77.68
362533022 $77.68 362533023 $77.68 362533024 $77.68
362533025 $77.68 362533026 $77.68 362533027 $77.68
362533028 $77.68 362533029 $77.68 362533030 $77.68
362533031 $77.68 362541001 $77.68 362541002 $77.68
362541004 $77.68 362541005 $77.68 362541006 $77.68
362541007 $77.68 362542001 $77.68 362542002 $77.68
362542003 $77.68 362542004 $77.68 362542005 $77.68
362542006 $77.68 362542007 $77.68 362542008 $77.68
362542009 $77.68 362542010 $77.68 362542011 $77.68
362542012 $77.68 362542013 $77.68 362542014 $77.68
362542015 $77.68 362542016 $77.68 362542017 $77.68
362542018 $77.68 362542019 $77.68 362542020 $77.68
362542021 $77.68 362542022 $77.68 362542023 $77.68
362542024 $77.68 362542025 $77.68 362543001 $77.68
362543002 $77.68 362543003 $77.68 362543004 $77.68
362543005 $77.68 362543006 $77.68 362543007 $77.68
362543008 $77.68 362543009 $77.68 362543010 $77.68
362543011 $77.68 362550001 $77.68 362550002 $77.68
362550003 $77.68 362550004 $77.68 362550005 $77.68
362550006 $77.68 362550007 $77.68 362550008 $77.68
362550009 $77.68 362550010 $77.68 362550011 $77.68
362550012 $77.68 362550013 $77.68 362550014 $77.68
362550015 $77.68 362550016 $77.68 362550017 $77.68
362550018 $77.68 362550019 $77.68 362550020 $77.68
362550021 $77.68 362550022 $77.68 362550023 $77.68
362550024 $77.68 362550025 $77.68 362550026 $77.68
362550027 $77.68 362550028 $77.68 362550029 $77.68
362550030 $77.68 362550031 $77.68 362550032 $77.68
362550033 $77.68 362550034 $77.68 362550035 $77.68

Engineer's Report 366
68-9836 - LMD 89-1-C Vol.1 - Zone 3
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
362550036 $77.68 362550037 $77.68 362550038 $77.68
362550039 $77.68 362550040 $77.68 362550041 $77.68
362550042 $77.68 362550043 $77.68 362550044 $77.68
362550045 $77.68 362550046 $77.68 362550047 $77.68
362550048 $77.68 362550049 $77.68 362550050 $77.68
362550051 $77.68 362550052 $77.68 362550053 $77.68
362550054 $77.68 362550055 $77.68 362550056 $77.68
362550057 $77.68 362550058 $77.68 362550059 $77.68
362550060 $77.68 362550061 $77.68 362550062 $77.68
362550063 $77.68 362690001 $77.68 362690002 $77.68
362690003 $77.68 362690004 $77.68 362690005 $77.68
362690006 $77.68 362690007 $77.68 362690008 $77.68
362690009 $77.68 362690010 $77.68 362690011 $77.68
362690012 $77.68 362690013 $77.68 362690014 $77.68
362690015 $77.68 362690016 $77.68 362690017 $77.68
362690018 $77.68 362690019 $77.68 362690020 $77.68
362690021 $77.68 362691001 $77.68 362691002 $77.68
362691003 $77.68 362691004 $77.68 362691005 $77.68
362691006 $77.68 362691007 $77.68 362691008 $77.68
362691009 $77.68 362691010 $77.68 362691011 $77.68
362691012 $77.68 362691013 $77.68 362691014 $77.68
362691015 $77.68 362691016 $77.68 362700001 $77.68
362700002 $77.68 362700003 $77.68 362700004 $77.68
362700005 $77.68 362700006 $77.68 362700007 $77.68
362700008 $77.68 362700009 $77.68 362700010 $77.68
362700011 $77.68 362700012 $77.68 362700013 $77.68
362700014 $77.68 362700015 $77.68 362700016 $77.68
362701001 $77.68 362701002 $77.68 362701003 $77.68
362701004 $77.68 362701005 $77.68 362701006 $77.68
362701007 $77.68 362701008 $77.68 362701009 $77.68
362701010 $77.68 362702002 $77.68 362702003 $77.68
362702004 $77.68 362702005 $77.68 362702006 $77.68
362702007 $77.68 362702008 $77.68 362702009 $77.68
362702010 $77.68 362702011 $77.68 362702012 $77.68
362702013 $77.68 362702014 $77.68 362702015 $77.68
362702016 $77.68 362702017 $77.68 362702018 $77.68
362702019 $77.68 362710001 $77.68 362710002 $77.68
362710003 $77.68 362710004 $77.68 362710005 $77.68
362710006 $77.68 362710007 $77.68 362710008 $77.68
362710009 $77.68 362710010 $77.68 362710011 $77.68
362710012 $77.68 362710013 $77.68 362710014 $77.68
362711001 $77.68 362711002 $77.68 362711003 $77.68
362711004 $77.68 362711005 $77.68 362711006 $77.68
362711007 $77.68 362711008 $77.68 362711009 $77.68
362711010 $77.68 362711011 $77.68 362711012 $77.68
362711013 $77.68 362711014 $77.68 362711015 $77.68

Engineer's Report 367
68-9836 - LMD 89-1-C Vol.1 - Zone 3
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
362711016 $77.68 362711017 $77.68 362711018 $77.68
362711019 $77.68 362711020 $77.68 362711021 $77.68
362712001 $77.68 362712002 $77.68 362712003 $77.68
362712004 $77.68 362712005 $77.68 362712006 $77.68
362712007 $77.68 362712008 $77.68 362712009 $77.68
362712010 $77.68 362712011 $77.68 362712012 $77.68
362712013 $77.68 362712014 $77.68 362712015 $77.68
362712016 $77.68 366491001 $77.68 366491002 $77.68
366491003 $77.68 366491004 $77.68 366491005 $77.68
366491006 $77.68 366491007 $77.68 366492001 $77.68
366492002 $77.68 366492003 $77.68 366492004 $77.68
366492005 $77.68 366492006 $77.68 366492007 $77.68
366492008 $77.68 366492009 $77.68 366492010 $77.68
366492011 $77.68 366492012 $77.68 366492013 $77.68
366492014 $77.68 366492015 $77.68 366492016 $77.68
366492017 $77.68 366492018 $77.68 366492019 $77.68
366492020 $77.68 366492021 $77.68 366492022 $77.68
366492023 $77.68 366492024 $77.68 366493001 $77.68
366493002 $77.68 366493003 $77.68 366493004 $77.68
366493005 $77.68 366493006 $77.68 366493007 $77.68
366493008 $77.68 366493009 $77.68 366493010 $77.68
366493011 $77.68 366501001 $77.68 366501002 $77.68
366501003 $77.68 366501004 $77.68 366501005 $77.68
366501006 $77.68 366501007 $77.68 366501008 $77.68
366501009 $77.68 366501010 $77.68 366501011 $77.68
366501012 $77.68 366501013 $77.68 366501014 $77.68
366501015 $77.68 366501016 $77.68 366501017 $77.68
366502001 $77.68 366502002 $77.68 366502003 $77.68
366502004 $77.68 366502005 $77.68 366502006 $77.68
366502007 $77.68 366502008 $77.68 366502009 $77.68
366502010 $77.68 366502011 $77.68 366502012 $77.68
366502013 $77.68 366502014 $77.68 366502015 $77.68
366502016 $77.68 366502017 $77.68 366502018 $77.68
366503001 $77.68 366503002 $77.68 366503003 $77.68
366503004 $77.68 366503005 $77.68 366503006 $77.68
366503007 $77.68 366503008 $77.68 366503009 $77.68
366503010 $77.68 366503011 $77.68 366503012 $77.68
367490001 $77.68 367490002 $77.68 367490003 $77.68
367490004 $77.68 367490005 $77.68 367490006 $77.68
367490007 $77.68 367490008 $77.68 367490009 $77.68
367490010 $77.68 367490011 $77.68 367490012 $77.68
367490013 $77.68 367490014 $77.68 367490015 $77.68
367490016 $77.68 367490017 $77.68 367490018 $77.68
367490019 $77.68 367490020 $77.68 367490021 $77.68
367490022 $77.68 367490023 $77.68 367490024 $77.68
367490025 $77.68 367490026 $77.68 367490027 $77.68

Engineer's Report 368
68-9836 - LMD 89-1-C Vol.1 - Zone 3
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
367490028 $77.68 367490029 $77.68 367490030 $77.68
367490031 $77.68 367490032 $77.68 367491001 $77.68
367491002 $77.68 367491003 $77.68 367491004 $77.68
367491005 $77.68 367491006 $77.68 367491007 $77.68
367491008 $77.68 367491009 $77.68 367491010 $77.68
367491011 $77.68 367491012 $77.68 367491015 $77.68
367491016 $77.68 367491017 $77.68 367491018 $77.68
367491020 $77.68 367491021 $77.68 370441001 $77.68
370441002 $77.68 370441003 $77.68 370441004 $77.68
370441005 $77.68 370442001 $77.68 370442002 $77.68
370442003 $77.68 370442004 $77.68 370442005 $77.68
370442006 $77.68 370442007 $77.68 370442008 $77.68
370442009 $77.68 370442010 $77.68 370442011 $77.68
370442012 $77.68 370442013 $77.68 370442014 $77.68
370442015 $77.68 370442016 $77.68 370442017 $77.68
370442018 $77.68 370442019 $77.68 370442020 $77.68
370442021 $77.68 370442022 $77.68 370442023 $77.68
370442024 $77.68 370442025 $77.68 370442026 $77.68
370442027 $77.68 370442028 $77.68 370442029 $77.68
370442030 $77.68 370442031 $77.68 370442032 $77.68
370442033 $77.68 370442034 $77.68 370442035 $77.68
370442036 $77.68 370442037 $77.68 370443001 $77.68
370443002 $77.68 370443003 $77.68 370443004 $77.68
370443005 $77.68 370443006 $77.68 370443007 $77.68
370443008 $77.68 370443009 $77.68 370443010 $77.68
370443011 $77.68 370443012 $77.68 370443013 $77.68
370443014 $77.68 370443015 $77.68 370443016 $77.68
370443017 $77.68 370451001 $77.68 370451002 $77.68
370451003 $77.68 370451004 $77.68 370451005 $77.68
370451006 $77.68 370452001 $77.68 370452002 $77.68
370452003 $77.68 370452004 $77.68 370452005 $77.68
370452006 $77.68 370452007 $77.68 370452008 $77.68
370452009 $77.68 370452010 $77.68 370452011 $77.68
370452012 $77.68 370452013 $77.68 370452014 $77.68
370452015 $77.68 376430001 $77.68 376430002 $77.68
376430003 $77.68 376430004 $77.68 376430005 $77.68
376430006 $77.68 376430007 $77.68 376430008 $77.68
376430009 $77.68 376430010 $77.68 376430011 $77.68
376430012 $77.68 376430013 $77.68 376430014 $77.68
376430015 $77.68 376430016 $77.68 376430017 $77.68
376430018 $77.68 376430019 $77.68 376430020 $77.68
376430021 $77.68 376430022 $77.68 376430023 $77.68
376430024 $77.68 376430025 $77.68 376430026 $77.68
376430027 $77.68 376430028 $77.68 376430029 $77.68
376430030 $77.68 376430031 $77.68 376430032 $77.68
376430033 $77.68 376430034 $77.68 376431001 $77.68

Engineer's Report 369
68-9836 - LMD 89-1-C Vol.1 - Zone 3
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
376431002 $77.68 376431003 $77.68 376431004 $77.68
376431005 $77.68 376431006 $77.68 376431007 $77.68
376431008 $77.68 376431009 $77.68 376431010 $77.68
376431011 $77.68 376431012 $77.68 376431013 $77.68
376431014 $77.68 376431015 $77.68 376431016 $77.68
376431017 $77.68 376431018 $77.68 376431019 $77.68
376431020 $77.68 376431021 $77.68 376431022 $77.68
376431023 $77.68 376431024 $77.68 376431025 $77.68
376431026 $77.68 376431027 $77.68 376431028 $77.68
376431029 $77.68 376431030 $77.68 376431031 $77.68
376431032 $77.68 376431033 $77.68 376431034 $77.68
376431035 $77.68 376431036 $77.68 376431037 $77.68
376431038 $77.68 376431039 $77.68 376431040 $77.68
376431041 $77.68 376431042 $77.68 376431043 $77.68
376431044 $77.68 376450001 $77.68 376450002 $77.68
376450003 $77.68 376450004 $77.68 376450005 $77.68
376450006 $77.68 376450007 $77.68 376450008 $77.68
376450009 $77.68 376450010 $77.68 376450011 $77.68
376450012 $77.68 376450013 $77.68 376450014 $77.68
376450015 $77.68 376450016 $77.68 376450017 $77.68
376450018 $77.68 376450019 $77.68 376450020 $77.68
376450021 $77.68 376450022 $77.68 376450023 $77.68
376450024 $77.68 376450025 $77.68 376450026 $77.68
376450027 $77.68 376450028 $77.68 376450029 $77.68
376450030 $77.68 376450031 $77.68 376450032 $77.68
376450033 $77.68 376450034 $77.68 376450035 $77.68
376450036 $77.68 376450037 $77.68 376450038 $77.68
376451001 $77.68 376451002 $77.68 376451003 $77.68
376451004 $77.68 376451005 $77.68 376451006 $77.68
376451007 $77.68 376451008 $77.68 376451009 $77.68
376451010 $77.68 376452001 $77.68 376452002 $77.68
376452003 $77.68 376452004 $77.68 376452005 $77.68
376452006 $77.68 376452007 $77.68 376452008 $77.68
376452009 $77.68 376452010 $77.68 376452011 $77.68
376452012 $77.68 376452013 $77.68 376452014 $77.68
376452015 $77.68 380021001 $77.68 380021002 $77.68
380021003 $77.68 380021004 $77.68 380021005 $77.68
380021006 $77.68 380021007 $77.68 380021008 $77.68
380021009 $77.68 380021010 $77.68 380021011 $77.68
380021012 $77.68 380021013 $77.68 380021014 $77.68
380021015 $77.68 380021016 $77.68 380021018 $77.68
380021019 $77.68 380021020 $77.68 380021021 $77.68
380021022 $77.68 380021023 $77.68 380021024 $77.68
380021025 $77.68 380021026 $77.68 380021027 $77.68
380021028 $77.68 380021029 $77.68 380021030 $77.68
380021031 $77.68 380021032 $77.68 380021033 $77.68

Engineer's Report 370
68-9836 - LMD 89-1-C Vol.1 - Zone 3
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
380021034 $77.68 380022001 $77.68 380022002 $77.68
380022003 $77.68 380022004 $77.68 380022005 $77.68
380022006 $77.68 380022007 $77.68 380022008 $77.68
380022009 $77.68 380022010 $77.68 380022011 $77.68
380022012 $77.68 380022013 $77.68 380022014 $77.68
380022015 $77.68 380022016 $77.68 380022017 $77.68
380023001 $77.68 380023002 $77.68 380023003 $77.68
380023004 $77.68 380023005 $77.68 380023006 $77.68
380023007 $77.68 380023008 $77.68 380023009 $77.68
380023010 $77.68 380023011 $77.68 380023012 $77.68
380023013 $77.68 380023014 $77.68 380023015 $77.68
380023016 $77.68 380023017 $77.68 380023018 $77.68
380023019 $77.68 380023020 $77.68 380023021 $77.68
380023022 $77.68 380031001 $77.68 380031002 $77.68
380031003 $77.68 380031004 $77.68 380031005 $77.68
380031006 $77.68 380031007 $77.68 380031008 $77.68
380031009 $77.68 380031010 $77.68 380031011 $77.68
380031012 $77.68 380031013 $77.68 380031014 $77.68
380031015 $77.68 380031016 $77.68 380031017 $77.68
380031018 $77.68 380031019 $77.68 380031020 $77.68
380031021 $77.68 380031022 $77.68 380031023 $77.68
380031024 $77.68 380031025 $77.68 380032001 $77.68
380032002 $77.68 380032003 $77.68 380032004 $77.68
380032005 $77.68 380032006 $77.68 380032007 $77.68
380032008 $77.68 380032009 $77.68 380032010 $77.68
380032011 $77.68 380032012 $77.68 380032013 $77.68
380032014 $77.68 380032015 $77.68 380032016 $77.68
380032017 $77.68 380032018 $77.68 380032019 $77.68
380032020 $77.68 380032021 $77.68 380032022 $77.68
380032023 $77.68 380032024 $77.68 380032025 $77.68
380032026 $77.68 380032027 $77.68 380032028 $77.68
380032029 $77.68 380032030 $77.68 380032031 $77.68
380032032 $77.68 380032033 $77.68 380032034 $77.68
380090016 $77.68 380090017 $77.68 380090018 $77.68
380090019 $77.68 380090020 $77.68 380090021 $77.68
380090022 $77.68 380090023 $77.68 380090024 $77.68
380090025 $77.68 380090026 $77.68 380090027 $77.68
380090028 $77.68 380090029 $77.68 380090030 $77.68
380090031 $77.68 380090032 $77.68 380090033 $77.68
380090034 $77.68 380090035 $77.68 380090036 $77.68
380090037 $77.68 380090038 $77.68 380090039 $77.68
380090040 $77.68 380090041 $77.68 380091001 $77.68
380091002 $77.68 380091003 $77.68 380091004 $77.68
380091005 $77.68 380091006 $77.68 380091007 $77.68
380092001 $77.68 380092002 $77.68 380092003 $77.68
380092004 $77.68 380092005 $77.68 380092006 $77.68

Engineer's Report 371
68-9836 - LMD 89-1-C Vol.1 - Zone 3
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
380092007 $77.68 380092008 $77.68 380092009 $77.68
380092010 $77.68 380092011 $77.68 380092012 $77.68
380092013 $77.68 380092014 $77.68 380092015 $77.68
380092016 $77.68 380092017 $77.68 380092018 $77.68
380092019 $77.68 380092020 $77.68 380092021 $77.68
380092022 $77.68 380092023 $77.68 380092024 $77.68
380092025 $77.68 380092026 $77.68 380311001 $77.68
380311002 $77.68 380311003 $77.68 380311004 $77.68
380311005 $77.68 380311006 $77.68 380311007 $77.68
380311008 $77.68 380311009 $77.68 380311010 $77.68
380311011 $77.68 380311012 $77.68 380311013 $77.68
380311014 $77.68 380311015 $77.68 380311016 $77.68
380311017 $77.68 380311018 $77.68 380311019 $77.68
380311020 $77.68 380311021 $77.68 380311022 $77.68
380311023 $77.68 380311024 $77.68 380311025 $77.68
380312001 $77.68 380312002 $77.68 380312003 $77.68
380312004 $77.68 380312005 $77.68 380312006 $77.68
380312007 $77.68 380312008 $77.68 380312009 $77.68
380312010 $77.68 380312011 $77.68 380312012 $77.68
380312013 $77.68 380312014 $77.68 380312015 $77.68
380312016 $77.68 380312017 $77.68 380312018 $77.68
380312019 $77.68 380312020 $77.68 380312021 $77.68
380312022 $77.68 380312023 $77.68 380312024 $77.68
380312025 $77.68 380312026 $77.68 380312027 $77.68
380312028 $77.68 380312029 $77.68 380312030 $77.68
380312031 $77.68 380312032 $77.68 380312033 $77.68
380312034 $77.68 380312035 $77.68 380312036 $77.68
380312037 $77.68 380312038 $77.68 380313001 $77.68
380313002 $77.68 380313003 $77.68 380321001 $77.68
380321002 $77.68 380321003 $77.68 380321004 $77.68
380321005 $77.68 380321006 $77.68 380321007 $77.68
380321008 $77.68 380321009 $77.68 380321010 $77.68
380321011 $77.68 380322001 $77.68 380322002 $77.68
380322003 $77.68 380322004 $77.68 380322005 $77.68
380322006 $77.68 380322007 $77.68 380322008 $77.68
380322009 $77.68 380322010 $77.68 380322011 $77.68
380322012 $77.68 380322013 $77.68 380322014 $77.68
380322015 $77.68 380322016 $77.68 380322017 $77.68
380322018 $77.68 380322019 $77.68 380322020 $77.68
380322021 $77.68 380322022 $77.68 380322023 $77.68
380322024 $77.68 380322025 $77.68 380322026 $77.68
380322027 $77.68 380322028 $77.68 380322029 $77.68
380322030 $77.68 380322031 $77.68 380322032 $77.68
380322033 $77.68 380322034 $77.68 380322035 $77.68
380322036 $77.68 380322037 $77.68 380322038 $77.68
380322039 $77.68 380322040 $77.68 380322041 $77.68

Engineer's Report 372
68-9836 - LMD 89-1-C Vol.1 - Zone 3
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
380322042 $77.68 380322043 $77.68 380322044 $77.68
380322045 $77.68 380322046 $77.68 380322047 $77.68
380322048 $77.68 380322049 $77.68 380322050 $77.68
380322051 $77.68 380322052 $77.68 380322053 $77.68
380322054 $77.68 380322055 $77.68 380322056 $77.68
380322057 $77.68 380322058 $77.68 380322059 $77.68
380340001 $77.68 380340002 $77.68 380340003 $77.68
380340004 $77.68 380340005 $77.68 380340006 $77.68
380340007 $77.68 380340008 $77.68 380340009 $77.68
380340010 $77.68 380340011 $77.68 380340012 $77.68
380340013 $77.68 380340014 $77.68 380340015 $77.68
380340016 $77.68 380340017 $77.68 380340018 $77.68
380341001 $77.68 380341002 $77.68 380341003 $77.68
380341004 $77.68 380341005 $77.68 380341006 $77.68
380341007 $77.68 380341008 $77.68 380341009 $77.68
380341010 $77.68 380341011 $77.68 380341012 $77.68
380341013 $77.68 380341014 $77.68 380341015 $77.68
380341016 $77.68 380341017 $77.68 380341018 $77.68
380341019 $77.68 380341020 $77.68 380341021 $77.68
380341022 $77.68 380341023 $77.68 380341024 $77.68
380341025 $77.68 380341026 $77.68 380341027 $77.68
380341028 $77.68 380341029 $77.68 380341030 $77.68
380341031 $77.68 380341032 $77.68 380341033 $77.68
380341034 $77.68 380341035 $77.68 380341036 $77.68
380341037 $77.68 380341038 $77.68 380341039 $77.68
380341040 $77.68 380341041 $77.68 380341042 $77.68
380341043 $77.68 380341044 $77.68 380341045 $77.68
380341046 $77.68 380341047 $77.68 380341048 $77.68
380350001 $77.68 380350002 $77.68 380350003 $77.68
380350004 $77.68 380350005 $77.68 380350006 $77.68
380350007 $77.68 380350008 $77.68 380350009 $77.68
380350010 $77.68 380350011 $77.68 380350012 $77.68
380350013 $77.68 380350014 $77.68 380350015 $77.68
380350016 $77.68 380350017 $77.68 380350018 $77.68
380350019 $77.68 380350020 $77.68 380350021 $77.68
380350022 $77.68 380350023 $77.68 380350024 $77.68
380350025 $77.68 380350026 $77.68 380350027 $77.68
380350028 $77.68 380350029 $77.68 380350030 $77.68
380350031 $77.68 380350032 $77.68 380350033 $77.68
380350034 $77.68 380351001 $77.68 380351002 $77.68
380351003 $77.68 380351004 $77.68 380351005 $77.68
380351006 $77.68 380351007 $77.68 380351008 $77.68
380351009 $77.68 380351010 $77.68 380351011 $77.68
380351012 $77.68 380351013 $77.68 380351014 $77.68
380351015 $77.68 380351016 $77.68 380351017 $77.68
380351018 $77.68 380351019 $77.68 380360001 $77.68

Engineer's Report 373
68-9836 - LMD 89-1-C Vol.1 - Zone 3
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
380360002 $77.68 380360003 $77.68 380360004 $77.68
380360005 $77.68 380360006 $77.68 380360007 $77.68
380361001 $77.68 380361002 $77.68 380361003 $77.68
380361004 $77.68 380361005 $77.68 380361006 $77.68
380361007 $77.68 380361008 $77.68 380361009 $77.68
380361010 $77.68 380361011 $77.68 380361012 $77.68
380361013 $77.68 380361014 $77.68 380361015 $77.68
380361016 $77.68 380361017 $77.68 380361018 $77.68
380361019 $77.68 380361020 $77.68 380361021 $77.68
380361022 $77.68 380361023 $77.68 380361024 $77.68
380361025 $77.68 380361026 $77.68 380361027 $77.68
380361028 $77.68 380361029 $77.68 380361030 $77.68
380361031 $77.68 380361032 $77.68 380362001 $77.68
380362002 $77.68 380362003 $77.68 380362004 $77.68
380362005 $77.68 380362006 $77.68 380362007 $77.68
380362008 $77.68 380362009 $77.68 380362010 $77.68
380362011 $77.68 380362012 $77.68 380362013 $77.68
380362014 $77.68 380362015 $77.68 380362016 $77.68
380362017 $77.68 380362018 $77.68 380362019 $77.68
380362020 $77.68 380370001 $77.68 380370002 $77.68
380370003 $77.68 380370004 $77.68 380370005 $77.68
380370006 $77.68 380370007 $77.68 380370008 $77.68
380370009 $77.68 380370010 $77.68 380370011 $77.68
380370012 $77.68 380370014 $77.68 380370015 $77.68
380370016 $77.68 380370017 $77.68 380370018 $77.68
380370019 $77.68 380370020 $77.68 380370021 $77.68
380370022 $77.68 380370023 $77.68 380370024 $77.68
380370025 $77.68 380370026 $77.68 380370027 $77.68
380370028 $77.68 380370029 $77.68 380370030 $77.68
380370031 $77.68 380370032 $77.68 380370033 $77.68
380380001 $77.68 380380002 $77.68 380380003 $77.68
380380004 $77.68 380380005 $77.68 380380006 $77.68
380380007 $77.68 380380008 $77.68 380380009 $77.68
380380010 $77.68 380380011 $77.68 380380012 $77.68
380380013 $77.68 380380014 $77.68 380380015 $77.68
380380016 $77.68 380380017 $77.68 380380018 $77.68
380380019 $77.68 380380020 $77.68 380380021 $77.68
380380022 $77.68 380380024 $77.68 380380025 $77.68
380380026 $77.68 380380027 $77.68 380380028 $77.68
380380029 $77.68 380380030 $77.68 380380031 $77.68
380380032 $77.68 380380033 $77.68 380380034 $77.68
380380035 $77.68 380380036 $77.68 380380037 $77.68
380381001 $77.68 380381002 $77.68 380381003 $77.68
380381004 $77.68 380381005 $77.68 380381006 $77.68
380381007 $77.68 380381008 $77.68 380381009 $77.68
380381010 $77.68 380381011 $77.68 380381012 $77.68

Engineer's Report 374
68-9836 - LMD 89-1-C Vol.1 - Zone 3
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
380381013 $77.68 380381014 $77.68 380381015 $77.68
380381016 $77.68 380381017 $77.68 380381018 $77.68
Totals Parcels 1,386 Levy $107,664.48

Engineer's Report 375
68-9837 - LMD 89-1-C Vol.1 - Zone 29
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
368272016 $118.80 368272017 $118.80 368272018 $118.80
368272019 $118.80 368272020 $118.80 368272021 $118.80
368272022 $118.80 368272023 $118.80
368272024 $118.80 368272025 $118.80
Totals Parcels 10 Levy $1,188.00
Assessment Roll

Engineer's Report 376
68-9838 - LMD 89-1-C Vol.1 - Zone 30
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
380330001 $218.80 380330002 $218.80 380330003 $218.80
380330004 $218.80 380330005 $218.80 380330006 $218.80
380330007 $218.80 380330008 $218.80 380330009 $218.80
380330010 $218.80 380330011 $218.80 380330012 $218.80
380330013 $218.80 380330014 $218.80 380330015 $218.80
380330016 $218.80 380330017 $218.80 380330018 $218.80
380330019 $218.80 380330020 $218.80 380330021 $218.80
380330022 $218.80 380330023 $218.80 380330024 $218.80
380330025 $218.80 380330026 $218.80 380330027 $218.80
380330028 $218.80 380330029 $218.80 380330030 $218.80
380330031 $218.80 380330032 $218.80 380330033 $218.80
380330034 $218.80 380330035 $218.80 380330036 $218.80
380330037 $218.80 380330038 $218.80 380330039 $218.80
380330040 $218.80 380330041 $218.80 380330042 $218.80
380330043 $218.80 380330044 $218.80 380330045 $218.80
380330046 $218.80 380330047 $218.80 380330048 $218.80
380331001 $218.80 380331002 $218.80 380331003 $218.80
380331004 $218.80 380331005 $218.80 380331006 $218.80
380331007 $218.80 380331008 $218.80 380331009 $218.80
380331010 $218.80 380331011 $218.80 380331012 $218.80
380331013 $218.80 380331014 $218.80 380331015 $218.80
380331016 $218.80 380331017 $218.80 380331018 $218.80
380331019 $218.80 380331020 $218.80 380331021 $218.80
380331022 $218.80 380331023 $218.80 380331024 $218.80
380331025 $218.80 380331026 $218.80 380331027 $218.80
380331028 $218.80 380331029 $218.80 380331030 $218.80
380390001 $218.80 380390002 $218.80 380390003 $218.80
380390004 $218.80 380390005 $218.80 380390006 $218.80
380390007 $218.80 380390008 $218.80 380390009 $218.80
380390010 $218.80 380390011 $218.80 380390012 $218.80
380390013 $218.80 380390014 $218.80 380390015 $218.80
380390016 $218.80 380390017 $218.80 380390018 $218.80
380390019 $218.80 380390020 $218.80 380390021 $218.80
380390022 $218.80 380390023 $218.80 380390024 $218.80
380390026 $218.80 380390027 $218.80 380390028 $218.80
380390029 $218.80 380390030 $218.80 380390031 $218.80
380390032 $218.80 380390033 $218.80 380390034 $218.80
380390035 $218.80 380390036 $218.80 380390037 $218.80
380390038 $218.80 380390039 $218.80 380390041 $218.80
380391001 $218.80 380391002 $218.80 380391003 $218.80
380391004 $218.80 380391005 $218.80 380400003 $218.80
380400004 $218.80 380400005 $218.80 380400006 $218.80
380400007 $218.80 380400011 $218.80 380400015 $218.80
380400016 $218.80 380400017 $218.80 380400018 $218.80
380400019 $218.80 380400020 $218.80 380400021 $218.80
380400022 $218.80 380400026 $218.80 380400027 $218.80
Assessment Roll

Engineer's Report 377
68-9838 - LMD 89-1-C Vol.1 - Zone 30
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
380400028 $218.80 380400029 $218.80 380400030 $218.80
380400031 $218.80 380400032 $218.80 380400040 $218.80
380400041 $218.80 380401001 $218.80 380401002 $218.80
380401003 $218.80 380401004 $218.80 380401005 $218.80
380401006 $218.80 380401007 $218.80 380401008 $218.80
380401009 $218.80 380401010 $218.80 380401011 $218.80
380401012 $218.80 380401013 $218.80 380401014 $218.80
380401015 $218.80 380401016 $218.80 380401017 $218.80
380401018 $218.80 380401019 $218.80
Totals Parcels 164 Levy $35,883.20

Engineer's Report 378
68-9839 - LMD 89-1-C Vol.1 - Zone 42
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
362670001 $203.80 362670002 $203.80 362670003 $203.80
362670004 $203.80 362671001 $203.80 362671002 $203.80
362671003 $203.80 362671004 $203.80 362671005 $203.80
362671006 $203.80 362671007 $203.80 362671008 $203.80
362671009 $203.80 362671010 $203.80 362671011 $203.80
362671012 $203.80 362671013 $203.80 362671014 $203.80
362671015 $203.80 362671016 $203.80 362671017 $203.80
362671018 $203.80 362671019 $203.80 362671020 $203.80
362671021 $203.80 362671022 $203.80 362671023 $203.80
362671024 $203.80 362671025 $203.80 362671026 $203.80
362671027 $203.80 362671028 $203.80 362671029 $203.80
362671030 $203.80 362671031 $203.80 362671032 $203.80
362671033 $203.80 362672001 $203.80 362672002 $203.80
362672003 $203.80 362672004 $203.80 362672005 $203.80
362672006 $203.80 362672007 $203.80 362672008 $203.80
362672009 $203.80 362672010 $203.80 362680001 $203.80
362680002 $203.80 362680003 $203.80 362680004 $203.80
362680005 $203.80 362680006 $203.80 362680007 $203.80
362680008 $203.80 362680009 $203.80 362680010 $203.80
362680011 $203.80 362680012 $203.80 362680013 $203.80
362680014 $203.80 362680015 $203.80 362680016 $203.80
362680017 $203.80 362680018 $203.80 362680019 $203.80
362680020 $203.80 362681001 $203.80 362681002 $203.80
362681003 $203.80 362681004 $203.80 362681005 $203.80
362681006 $203.80 362681007 $203.80 362681008 $203.80
362681009 $203.80 362681010 $203.80 362681012 $203.80
362681013 $203.80 362681014 $203.80 362681015 $203.80
362681016 $203.80 362681017 $203.80 362681018 $203.80
362681019 $203.80 362681020 $203.80 362681021 $203.80
362681022 $203.80 362681023 $203.80 362681024 $203.80
362681025 $203.80 362681026 $203.80 362681027 $203.80
362681028 $203.80 362681029 $203.80 362681030 $203.80
362681031 $203.80 362681032 $203.80 362681033 $203.80
362681034 $203.80 362681035 $203.80 362681036 $203.80
362681037 $203.80 362681038 $203.80 362720001 $203.80
362720002 $203.80 362720003 $203.80 362720004 $203.80
362720005 $203.80 362720006 $203.80 362720007 $203.80
362720008 $203.80 362720009 $203.80 362720010 $203.80
362720011 $203.80 362720012 $203.80 362720013 $203.80
362720014 $203.80 362720015 $203.80 362720016 $203.80
362720017 $203.80 362720018 $203.80 362720019 $203.80
362720020 $203.80 362720021 $203.80 362720022 $203.80
362720023 $203.80 362720024 $203.80 362720025 $203.80
362720026 $203.80 362720027 $203.80 362720028 $203.80
362720029 $203.80 362720030 $203.80 362720031 $203.80
362720032 $203.80 362720033 $203.80 362720034 $203.80
Assessment Roll

Engineer's Report 379
68-9839 - LMD 89-1-C Vol.1 - Zone 42
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
362720035 $203.80 362720036 $203.80 362720037 $203.80
362720038 $203.80 362720039 $203.80 362720040 $203.80
362720041 $203.80 362720042 $203.80 362720043 $203.80
362720044 $203.80 362720045 $203.80 362720046 $203.80
362720047 $203.80 362721001 $203.80 362721002 $203.80
362721003 $203.80 362721004 $203.80 362721005 $203.80
362721006 $203.80 362721007 $203.80 362721008 $203.80
362721009 $203.80 362721010 $203.80 362721011 $203.80
362721012 $203.80 362721013 $203.80 362721014 $203.80
362721015 $203.80 362721016 $203.80 362721017 $203.80
362721018 $203.80 362721019 $203.80 362721020 $203.80
362722001 $203.80 362722002 $203.80 362722003 $203.80
362722004 $203.80 362722005 $203.80 362722006 $203.80
362722007 $203.80 362722008 $203.80 362722009 $203.80
362722010 $203.80 362722011 $203.80 362722012 $203.80
362722013 $203.80 362722014 $203.80
362722015 $203.80 362722016 $203.80
Totals Parcels 187 Levy $38,110.60

Engineer's Report 380
68-9840 - LMD 89-1-C Vol.1 - Zone 51
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
376440001 $160.36 376440002 $160.36 376440003 $160.36
376440004 $160.36 376440005 $160.36 376440006 $160.36
376440007 $160.36 376440008 $160.36 376440009 $160.36
376440010 $160.36 376440011 $160.36 376440012 $160.36
376440013 $160.36 376440014 $160.36 376440015 $160.36
376440016 $160.36 376440017 $160.36 376440018 $160.36
376440019 $160.36 376440020 $160.36 376440021 $160.36
376440022 $160.36 376440023 $160.36 376440024 $160.36
376440025 $160.36 376440026 $160.36 376440027 $160.36
376440028 $160.36 376440029 $160.36 376440030 $160.36
376440031 $160.36 376440032 $160.36 376440033 $160.36
376440034 $160.36 376440035 $160.36 376440036 $160.36
376440037 $160.36 376440038 $160.36 376440039 $160.36
376440040 $160.36 376440041 $160.36 376440042 $160.36
376440043 $160.36 376440044 $160.36 376440045 $160.36
376440046 $160.36 376440047 $160.36 376440048 $160.36
376440049 $160.36 376440050 $160.36 376440051 $160.36
376440052 $160.36 376440053 $160.36 376440054 $160.36
376440055 $160.36 376441001 $160.36 376441002 $160.36
376441003 $160.36 376441004 $160.36
376441005 $160.36 376441006 $160.36
Totals Parcels 61 Levy $9,781.96
Assessment Roll

Engineer's Report 381
68-9841 - LMD 89-1-C Vol.1 - Zone 52
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
382410001 $799.90 382410002 $799.90 382410003 $799.90
382410004 $799.90 382410005 $799.90 382411002 $799.90
382411003 $799.90 382411004 $799.90 382411005 $799.90
382411006 $799.90 382411007 $799.90 382411008 $799.90
382411009 $799.90 382411010 $799.90 382411011 $799.90
382411012 $799.90 382411013 $799.90 382411016 $799.90
382411017 $799.90 382411018 $799.90 382411019 $799.90
382411020 $799.90 382411021 $799.90 382411022 $799.90
382411023 $799.90 382411024 $799.90 382411025 $799.90
382420001 $799.90 382420002 $799.90 382420003 $799.90
382420004 $799.90 382420005 $799.90 382420006 $799.90
382420007 $799.90 382420008 $799.90 382420009 $799.90
382420010 $799.90 382420011 $799.90 382420012 $799.90
382420013 $799.90 382421001 $799.90 382421002 $799.90
382421003 $799.90 382421004 $799.90 382421005 $799.90
382421006 $799.90 382421007 $799.90 382421008 $799.90
382421009 $799.90 382421010 $799.90 382421011 $799.90
382421012 $799.90 382421013 $799.90 382421014 $799.90
382430001 $799.90 382430002 $799.90 382430003 $799.90
382430004 $799.90 382430005 $799.90 382430006 $799.90
382430007 $799.90 382430008 $799.90 382430009 $799.90
382430010 $799.90 382431003 $799.90 382431004 $799.90
382431005 $799.90 382431006 $799.90 382431007 $799.90
382431008 $799.90 382431009 $799.90 382431010 $799.90
382431011 $799.90 382431012 $799.90 382431013 $799.90
382431014 $799.90 382431016 $799.90 382440001 $799.90
382440002 $799.90 382440003 $799.90 382440004 $799.90
382440005 $799.90 382440006 $799.90 382440007 $799.90
382440008 $799.90 382440009 $799.90 382440010 $799.90
382440011 $799.90 382440012 $799.90
382440013 $799.90 382440014 $799.90
Totals Parcels 91 Levy $72,790.90
Assessment Roll

Engineer's Report 382
68-9842 - LMD 89-1-C Vol.1 - Zone 59
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
380260033 $1,298.02 380260034 $1,307.64 380260035 $2,009.54 380260036 $1,567.24
Totals Parcels 4 Levy $6,182.44
Assessment Roll

Engineer's Report 383
68-9843 - LMD 89-1-C Vol.1 - Zone 62
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
380090016 $172.08 380090017 $172.08 380090018 $172.08
380090019 $172.08 380090020 $172.08 380090021 $172.08
380090022 $172.08 380090023 $172.08 380090024 $172.08
380090025 $172.08 380090026 $172.08 380090027 $172.08
380090028 $172.08 380090029 $172.08 380090030 $172.08
380090031 $172.08 380090032 $172.08 380090033 $172.08
380090034 $172.08 380090035 $172.08 380090036 $172.08
380090037 $172.08 380090038 $172.08 380090039 $172.08
380090040 $172.08 380090041 $172.08 380091001 $172.08
380091002 $172.08 380091003 $172.08 380091004 $172.08
380091005 $172.08 380091006 $172.08 380091007 $172.08
380092001 $172.08 380092002 $172.08 380092003 $172.08
380092004 $172.08 380092005 $172.08 380092006 $172.08
380092007 $172.08 380092008 $172.08 380092009 $172.08
380092010 $172.08 380092011 $172.08 380092012 $172.08
380092013 $172.08 380092014 $172.08 380092015 $172.08
380092016 $172.08 380092017 $172.08 380092018 $172.08
380092019 $172.08 380092020 $172.08 380092021 $172.08
380092022 $172.08 380092023 $172.08 380092024 $172.08
380092025 $172.08 380092026 $172.08 380380001 $172.08
380380002 $172.08 380380003 $172.08 380380004 $172.08
380380005 $172.08 380380006 $172.08 380380007 $172.08
380380008 $172.08 380380009 $172.08 380380010 $172.08
380380011 $172.08 380380012 $172.08 380380013 $172.08
380380014 $172.08 380380015 $172.08 380380016 $172.08
380380017 $172.08 380380018 $172.08 380380019 $172.08
380380020 $172.08 380380021 $172.08 380380022 $172.08
380380024 $172.08 380380025 $172.08 380380026 $172.08
380380027 $172.08 380380028 $172.08 380380029 $172.08
380380030 $172.08 380380031 $172.08 380380032 $172.08
380380033 $172.08 380380034 $172.08 380380035 $172.08
380380036 $172.08 380380037 $172.08 380381001 $172.08
380381002 $172.08 380381003 $172.08 380381004 $172.08
380381005 $172.08 380381006 $172.08 380381007 $172.08
380381008 $172.08 380381009 $172.08 380381010 $172.08
380381011 $172.08 380381012 $172.08 380381013 $172.08
380381014 $172.08 380381015 $172.08 380381016 $172.08
380381017 $172.08 380381018 $172.08
Totals Parcels 113 Levy $19,445.04
Assessment Roll

Engineer's Report 384
68-9855 - LMD 89-1-C Vol.1 - Zone 67
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
380410001 $190.54 380410002 $190.54 380410003 $190.54
380410004 $190.54 380410005 $190.54 380410006 $190.54
380410007 $190.54 380410008 $190.54 380410009 $190.54
380410010 $190.54 380410011 $190.54 380410012 $190.54
380410013 $190.54 380410014 $190.54 380410015 $190.54
380410016 $190.54 380410017 $190.54 380410018 $190.54
380410019 $190.54 380411001 $190.54 380411002 $190.54
380411003 $190.54 380411004 $190.54 380411005 $190.54
380411006 $190.54 380411007 $190.54 380411008 $190.54
380411009 $190.54 380411010 $190.54 380411011 $190.54
380411012 $190.54 380411013 $190.54 380411014 $190.54
380411015 $190.54 380411016 $190.54 380411017 $190.54
380411018 $190.54 380411019 $190.54 380411020 $190.54
380411021 $190.54 380411022 $190.54 380411023 $190.54
380411024 $190.54 380411025 $190.54
Totals Parcels 44 Levy $8,383.76
Assessment Roll

Engineer's Report 385
68-9844 - LMD 89-1-C Vol.1 - Zone 71
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
382240006 $91.44 382240007 $91.44 382240008 $91.44
382240009 $91.44 382240010 $91.44 382240011 $91.44
382240012 $91.44 382240013 $91.44 382240014 $91.44
382240015 $91.44 382240016 $91.44 382240017 $91.44
382240018 $91.44 382240019 $91.44 382240020 $91.44
382240021 $91.44 382240022 $91.44 382240023 $91.44
382240024 $91.44 382240025 $91.44 382240026 $91.44
382240027 $91.44 382240028 $91.44 382240029 $91.44
382240030 $91.44 382240031 $91.44 382240032 $91.44
382240033 $91.44 382241001 $91.44 382241002 $91.44
382241003 $91.44 382241004 $91.44 382241005 $91.44
382241006 $91.44 382241007 $91.44 382241008 $91.44
382241009 $91.44 382241010 $91.44 382241012 $91.44
382242001 $91.44 382242002 $91.44 382242003 $91.44
382242004 $91.44 382242005 $91.44 382242006 $91.44
382242007 $91.44 382242008 $91.44 382242009 $91.44
382242010 $91.44 382242011 $91.44 382242012 $91.44
382242013 $91.44 382242014 $91.44 382242015 $91.44
382242016 $91.44 382242017 $91.44 382242018 $91.44
382250003 $91.44 382250004 $91.44 382250005 $91.44
382250006 $91.44 382250007 $91.44 382250008 $91.44
382250009 $91.44 382250010 $91.44 382250011 $91.44
382250012 $91.44 382250013 $91.44 382250014 $91.44
382250015 $91.44 382250016 $91.44 382250017 $91.44
382250018 $91.44 382250019 $91.44 382250021 $91.44
382250022 $91.44 382250023 $91.44 382250024 $91.44
382250025 $91.44 382250026 $91.44 382250027 $91.44
382250028 $91.44 382250029 $91.44 382251001 $91.44
382251002 $91.44 382251003 $91.44 382251004 $91.44
382251005 $91.44 382251006 $91.44 382251007 $91.44
382251008 $91.44 382251009 $91.44 382251010 $91.44
382251011 $91.44 382251012 $91.44 382251013 $91.44
382251014 $91.44 382251015 $91.44 382251016 $91.44
382251017 $91.44 382251018 $91.44 382251019 $91.44
382251020 $91.44 382251021 $91.44 382251022 $91.44
382251023 $91.44 382251024 $91.44 382260005 $91.44
382260006 $91.44 382260007 $91.44 382260008 $91.44
382260009 $91.44 382260010 $91.44 382260011 $91.44
382260012 $91.44 382260013 $91.44 382260014 $91.44
382260015 $91.44 382260016 $91.44 382260017 $91.44
382260018 $91.44 382260019 $91.44 382260020 $91.44
382260021 $91.44 382261001 $91.44 382261002 $91.44
382261003 $91.44 382261004 $91.44 382261005 $91.44
382261006 $91.44 382261007 $91.44 382261008 $91.44
382261009 $91.44 382261010 $91.44 382261011 $91.44
382261012 $91.44 382261013 $91.44 382261014 $91.44
Assessment Roll

Engineer's Report 386
68-9844 - LMD 89-1-C Vol.1 - Zone 71
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
Assessment Roll
382261015 $91.44 382261016 $91.44 382261017 $91.44
382261018 $91.44 382261019 $91.44
Totals Parcels 143 Levy $13,075.92

Engineer's Report 387
68-9835 - LMD 89-1-C Vol.1 - Zone 181
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
380250035 $17,339.08 380250038 $10,668.30
Totals Parcels 2 Levy $28,007.38
Assessment Roll

Engineer's Report 388

APPENDIX B
Assessment Diagrams
389
UNION
ST
ROSS
RD
GRAND
AVE

ALDERBROOK
RD
WELLS
PL

MAPLELEAF
CT
ROBERT
ST
BATSON
LN
HILL
SPRING
RD

MAYHALL
DR

TRAILWOOD
CT
370451003
370451006
370443007
370451004
370451005
370443008
370452008
370442026
370442037
370442019
370452010
370442035
370442002
370443011
370443006
370441001
370442025
370443005
370452009
370442005
370442008
370442010
370443004
370442021
370443002
370442022
370443015
37045200
37 5
0452013
370451002
370452014
370442032
370452003
370452004
370452012
370442030
370452006
370442036
370442014
370452011
370452015
370443001
370451001
370443016
370443017
370442012
370442024
370452007
370441004
370442028 370442004
370443009
370442031
370441005
370442027
370452001
370442033
370442006
370442003
370442023
370442018
370442034
370442011
370442013 370441003
370442009
370441002
370442017
370443010
370442016
370442007
370443012
370442001
370442029
370443003
370443013
370442020
370442015
370452002
370443014
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 3, LOCATION 7
Ê
Landscaping
390
S

PASADENA
ST
MAPLE
ST
QUARTZ
WAY

FRONT ST

CARNATION
LN

PALOMAR
ST

AMARYLLIS
CT
IRIS
LN

HELIOTROPE
LN
DAHLIA

LN POINSETTIA
LN
PROTEA
CT
PINK
GINGER
CT
380311018
380322059
380311010
380312005
380312038
380322058
380312011
380322032
380322003
380322053
380311015
380322057
380321011
380311016
380322054
380311020
380311022
380322031
380322042
380312033
380312002
380322056
380311014
380322044
380311021
380311017
380311019
380322001
380312016
380311008
380311005
380312006
380312027
380322038
380322039
380311006
380312034
380321009
380311023
380312028
380312012
380312009
380322010
380322017
380322014
380322027
380312036
380322018
38031100
380322025 2
380313001
380322052
380322055
380322020
380322030
380322015
380322013
380322002
380311004
380322006
380322011
380321002
380322008
380322012
380322043
380322024
380322041
380313003
380321005
380322051
380322007
380322009
380322019
380312037
380311011
380321010
380322029
380312032
380322050
380322004
380322023
380311001
380322037
380322005
380312010
380311012
380312023
380312026
380322034
380322048
380311003
380312020380321007
380312019
380322047
380322022
380313002
380312017
380311007
380321001
380312025
380312024
380321003
380322021
380312014
380322045
380312013
380322040
380322026
380322046
380312021
380312035
380311025
380311009
380322033
380321006
380312008
380312030
380312031
380322035
380322036
380322049
380311013
380312029
380312018
380322060
380321008
380322028
380321004
380312022
380312001
380312004
380311024
380322016
380312015
380312003
380312007
0 100 200 400 600Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 3, LOCATION 23
Ê
Landscaping
391

LEMON ST
CIT
RUS
GROVE
LN

ORANGE ST

VICTORIAN LN

WINDTREE AVE

PLEASANT LN

GAFFORD
RD

CITRUS LN WILLOWTREE LN

CHERRY ST

WOODCREEK LN

BLONDON CT

COUNTRY HILLS DR
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 3, LOCATION 24
Ê
Landscaping
392
OPALO
RD

LA ESTRELLA ST
ROSITA
DR
T
RIG
R
D

BRILLANTE
DR PO
R
RAS R
D
RUBI
CT
EL DIA
M
A
N
TE D
R
GEO
R
GE AVE

AMATISTA
AVE

PLATA CT

PERLA PL

VERONA DR

SAFIRO CT

TOPACIO CT

PORTOLA
PL
ORO
CT
SENNA
DR

ESMERALDA CT
148
162
223
219
221
153
225
170
240
165
171
147
204
141
150
163
140
206
149
151
168
146
209
138
139 224
213212
211
239
166 145
144
167
258
205
118
259
130
9 9
0 6
207
265
92 201
254
173
248
247
200
222
152
181
191
208
161
185
242
175
203
157
174
164
169
188
21 143 0
142
220
215
238
154
159
125 273
82 105
76 126
78 276
85 89
102
272
103
91 99
260
79 270
117
86 94
261 27
11 5
9 77
8 9
8 5
101
128
269
284
274
93 97
277
9 84
8 127
100
83 120
104 271
87 129
176
131
253
156
196
180
264
263
177
158
202
232
116
256
255
252
132
190
192
257
197198
233
182
199
172 115
194
266
195
244
193
249
187
235
133
262
251
250
178
189
227
136 243
179
135
228
160
186
236
218
230
134
183
245
155
184
231
229
137
237
226 241
124
121 283
1 43
41 48
64 49
40 44
42 37
4 2
62 306
66 47
67 35
46 7
300
75 112
299
295 294
304
308
24 32
53 289
9 1
73 4
110
280
278
68 38
21 301
58 27
72 60
307
52 33
290
123
61 50
297
26 279
282
296
16 107
3 298
28 292
29 70
17 25
106
30 108
11 113
56 81
55 285
291 281
13 114
74 287
12 288
5 122
39 305
51 59
65 31
34 18
80 71
45 6
36 23
54 109
10 19
63 8
15 111
69 293
22 309
20 303
286
57 302
214
268 246
216
234
217
267
0 100 200 400 600 800Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 3, LOCATION 25
Ê
Landscaping
393
CATT
RD

PALOMAR
ST

CHARLES
ST

RIVERSTONE CIR

SHADY GROVE CIR

MADORA DR

FREDERICK
ST
JOY
CT
NAN
ST
ARNOLD
LN

BLACKSTONE
CIR
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 3, LOCATION 29
Ê
Landscaping
394
SMIT
H
R
A
NCH
R
D

HOOFPRINT DR

CLINTON KEITH RD

STIRUP DR
M
USTA
N

G SPIRIT LN

GELDING
CT
A

RTEMIS CIR

SARATOGA

SPRINGS
P
L

LIPIZZA
N LN

BAY ROAN CT

MERIDIAN CT
H
O
RSESH
OE CT
U
N

DERWOOD
CIR
0 100 200 400 600Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 3, LOCATION 35
Ê
Landscaping
395

CATT RD

TWINFLOWER AVE
FO
X
RID
GE LN

WILD HORSE CT

BUENA CT

ALTA OAKS DR
BA
N
YA
N
RIM
D
R
AVRY
WAY
N
O
N
NIE D
R
LEXI
LN
§¨¦15
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 3, LOCATION 42
Ê
Landscaping
396

CATT RD

ROLLING
BROOK
LN
DELCA
LN

CHARLES
ST

HARBOR SEAL CT
MADORA
DR

PALOMAR
ST

HAILY CT

GREYHAWK RD

PLATINUM CT
JOY
CT
TIMBER
RIDGE
CT
KETCH
U
M
RD
NAN
ST
R

USTIC O
A
K
DR
ARNETT
RD
AGAPE
LN

WINDSONG
R
D

SEATTLE RIDGE RD
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 3, LOCATION 43
Ê
Landscaping
397

CLINTON KEITH RD

CORNUCOPIA WAY
LA

ESTRELLA
RD

COUNTRYSIDE
LN

DAPPLE CT

SPINDLE
WAY

SEAGRASS
TRL
KETTLE
RD

MICHAEL
CT
DARCY
PL
COPPER
CRAFT
DR
D

AVID LN
VIA
SARAH
WIN

KLER ST
0 100 200 400 600 800Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 3, LOCATION 45
Ê
Landscaping
398

CATT RD

LEXI LN

WILD HORSE CT

BUENA CT

TWINFLOWER AVE
A
R
NET
T
R
D

EMPIRE PENGUIN RD

TEIL GLEN RD

CANNERY RD

HIGHLAND OAKS CT
OCT

OPUS LN
G
REY
W
H
ALE LN
BA
N
YA
N
RIM
D
R

ALTA OAKS DR
N
O
N
NIE D
R
§¨¦15
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 3, LOCATION 47
Ê
Landscaping
399
S

PASADENA
ST
GRAND
AVE

PENROSE
ST

FRONT ST
QUARTZ
WAY
WILLOW
BAY
RD

CARNATION
LN

LESLIE ST

STARLIGHT
ST

AMETHYST
RD
ATHEA
WAY
PECAN
ST
DARBY
ST
DUNN
ST
VIRGO
WAY
CANYON
CREST
ST
0 100 200 400 600Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 3, LOCATION 49
Ê
Landscaping
400
367490027
367491007
367491006
367490013
367491001
367490026
367490016
367491010
367490024
367491002
367491008
367491003
367490018
367491011
367490035
367490023
367490025
367491016
367491005
367490002
367490030
367490008
367491009
367490022
367491004
367491018
367490020
367490014
367490015
367490029
367490006
367490031
367490011
367491017
367490005
367490001
367490017
367490021
367490028
367490019
367490010
367491012
367490007
367491020
367490004
367491015
367490003
367490032
367490012
367491021
367490009

CORAL WOOD CT
SU
N
RISE D
R

CANYON DR
DOROF
CT
CLOVIS
WAY
0 100 200 400Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 3, LOCATION 53
Ê
Landscaping
401
GRAND
AV
W
E
ILSON
ST

CHADLYN
CT
WADE
CT

CELESTE
WAY
368272025
368272022
368272023
368272021
368272020
368272018
368272017
368272024
368272019
368272016
0 50 100 200 300Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 29, LOCATION 2
Ê
Landscaping Multi-Purpose Trail
402

CHARLES
ST

PALOMAR
ST
DELCA
LN
CATT
RD

HAILY CT
MADORA
DR

GREYHAWK
RD
JOY
CT
TIMBER
RIDGE
CT

FREDERICK
ST

ROLLING
BROOK
LN
NAN
ST

SEATTLE
RIDGE
RD

BLACKSTONE
CIR
380330016
380330004
380330014
380330007
380330011
380330048
380330020
380331006
380331016
380330012
380330010
380330019
380331005
380331028
380330001
380331029
380331008
380330032
380331004
380330033
380331030
380330021
380330015
380330009
380330023
380330003
380330002
380330035
380330022
380330036
380330034
380330044
380330045
380330008
380330042 380330039
380330041
380330005
380331007
380330037
380330043
380330047
380330046
380330038
380330013
380330017
380330018
380331002
380330030
380330006
380331018
380331020
380331013 380331019
380331021
380330031
380331003
380331010
380331027
380330024
380330025
380331009
380330026
380331014
380331024
380330029
380331025
380331011
380331026
380331015
380331023
380331012
380331017
380330027
380331022
380330028
380331001
380330040
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 30, LOCATION 1
Ê
Landscaping Multi-Purpose Trail
403

OAK HOLLOW CT

SHADOW CANYON
TRL

MEADOWRIDGE
LN

ROLLING
BROOK
LN

FALLING

LEAF CT

PALOMAR
S
M
T
EADOW
CREEK
LN

WHISPERING
GLEN
TRL
MEADOW
GLEN
C
T
380391004
380390002
38039003
3 6
80390008
380401007
380390007
380390031
380390003
380390020
380390021
380401014
380390035
380390006
380390011
380390005
380390004
380401019
380390022
380401009
380390012
380390001
380390033
380390034
38039001
3 6
80390015
380391002
380390037
380401005
380401016
380390010
380390009
380390018
380390030
380391005
380390032
380401003
380401004
380401006
380401018
380390028
380390024
380390013
380401017
380390019
380400017
380400016
380391003
380401008
380390027 380400019
380401015
380401002
380390023
380400021
380400020
380390017
380390026
380390014
380400018
380400015
380400011
380400026
380400028
380400027
380400003
380401010
380401011
380401012
380401013
380390039
380400007
380391001
380390029
380400022
380390038
380400006
380400005
380400004
380401001
380390041
380400031
380400029
380400030
380400041
380400040
380400032
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 30, LOCATION 2
Ê
Landscaping Multi-Purpose Trail
404

LA ESTRELLA ST

COUNTRY PARK DR

CLINTON KEITH RD

LORING RD CAMINO DEL LOCO
VER

DE VISTA
WAY
SMIT
H
RA
NCH
R
D
JA
N
A LN

PASTURE CT
CAM
E
L
OT
CIR

WOLCOTT CT
B
U
TCH
A
RT ST

PORTICA CT

LITTLE BOOK CIR

COVINGT
O
N
D
R

MAURI CT

CHESTERFIELD LN

BELLA OAKS ST

CARLTON
R
D
CREST
MEADOW
DR
CR
OSSR
O
A
DS ST
RO
SEDOWN
LN
0 100 200 400 600 800Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 42
Ê
Landscaping Future Landscaping
405
376440002
376440007
376440014
376440017
376440018
376440015
37644000
376440008 9
376440023
376440016
376440025
376440037
376440011
376440010
376440024
376440038
376440036
376440013
376440039
376440001
376440026
376440021
376440012
376440027
376440028
376440035
376440029
376440034
376440033
376440032
376440041
376440022
376440040
376440055
376440019
376440031
376440050
376440047
376440053
376440004
376440046
376440030
376440005
376440006
376441001
376440020
376440054
376441007
376440042
376440003
376441002
376440052
376441004
376441003
376440049
376440044
37644004
3 5
76440043
376441005
376441006
376440051
376440048
S

PASADENA
ST

PENROSE
ST

PALOMAR
ST

CARNATION
LN

AMARYLLIS
CT
DAHLIA
LN
MAPLE
ST
FRONT
ST

POINSETTIA
LN

CAMELLIA
LN
PROTEA
CT
PINK
GINGER
CT

ILLINOIS
ST
DARBY
ST
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 51
Ê
Landscaping Multi-Purpose Trail
406
GRAND
AVE

TRANQUIL
LN

CRESTED FINCH CT
FOX
DEN
RD

RED DAWN
C
T
SHEILA
LN
NYIRI
WAY
LOS
OLIVOS
LN
MIMI
CT
BIG

SYCAMORE
CT

COOPERS
HAWK
CT
BRYANT
ST
VERDE
MESA
ST

ENDERLEIN
ST
SWEET
NECTAR
RD
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 52
Ê
?
"B Fossil Filter Fenced Trail Landscaping
407

PRIELIPP RD

WYMAN RD
KEVIN
R
D
§¨¦15
380260036
380260034
380260033
380260035
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 59
Ê
?
"B Fossil Filter Street Light
408
BA
N
YA
N
RIM
D
R

CATT RD

CANNERY RD

HARBOR SEAL CT

MEADOWRIDGE LN

HAILY CT
DELCA
LN

ROLLING
BROOK
LN
MADORA
DR

GREYHAWK RD

CHARLES
ST
POPPY
FIELD
CT
JOY
CT

TIMBER RIDGE CT

PALOMAR
ST

PLATINUM C T
KETCH
U
M
RD
MEADOW
CREEK
LN

WINDSON
G
RD
NAN
ST
R

USTIC OAK DR
ARN
ETT
RD
AGAPE
LN

SEATTLE

RIDGE RD
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 62
Ê
?
"B Fossil Filter
409
380410019
380410016
380410014
380410002
380411005
380411010
380411009
380410001
380410015
380410012
380411006 380410017
380410003 380410013
380411021
380411023
380411019
380410004 380411001
380411020
380411012
380411011
380411024
380411018
380410018
380410011
380411004
380410007
380410008 380410010
380410005
380411008
380411002
380410006 380411003
380410009
380411007
380411013
380411016
380411015
380411014
380411025
380411022
380411017

CATT RD
ARNETT
RD

DELCA LN

RHINESTONE CT

KETCHUM
RD

PLATINUM CT

HAILY CT

SEATTLE RIDGE RD
R

USTIC O
A
K
DR
AGAPE
LN
WALK
NI G
H
O
RSE CT
0 100 200 400Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 67
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Landscaping ?
"B Fossil Filter
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PENROSE
ST
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0 200 400 800Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 71
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Landscaping
411

CLINTON KEITH RD
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0 200 400 800Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
ZONE 181
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"B Fossil Filter Street Light Landscaping
412

APPENDIX C
Capital Improvement Projects
413
Appendix C. Capital Improvement Projects
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 1
Fiscal Year 2023-24
The City is planning to implement specific upgrade projects throughout several of the LLMD Zones and planning to consider and evaluate additional upgrades where possible. Project schedules may change based on different factors including staffing resources.

Zone specific projects and anticipated schedules are listed below:

Zone 3 Capital Project
The City will be considering a landscape upgrade project within this zone.

Zone 30 Capital Project
A landscape, trail and fence upgrade project is being taken into consideration for the upcoming year.

Zone 42 Capital Project
A landscape upgrade project is being taken into consideration for the upcoming year.

Zone 52 Capital Project
The City plans to conduct a catch basin filter replacement/upgrade project in the upcoming year, and a fence upgrade is being taken into consideration to match the Grand Avenue Multi-Purpose Trail.

Zone 59 Capital Project
The City plans to conduct a catch basin filter replacement/upgrade project in the upcoming year. Landscape enhancement on Prielipp/Kevin Roads is also being taken into consideration, along with the potential addition of street lights.

Zone 62 Capital Project
The City plans to conduct a catch basin filter replacement/upgrade project in the upcoming year and a landscape, trail and fence upgrade project is being taken into consideration for the upcoming year.

Zone 67 Capital Project
The City plans to conduct a catch basin filter replacement/upgrade project in the upcoming year and a landscape, trail and fence upgrade is being taken into consideration for the upcoming year.

Zone 181 Capital Project
The City plans to conduct a catch basin filter replacement/upgrade project in the upcoming year and looking to repair the trail on Inland Valley.
414
415

CITY OF WILDOMAR
Landscape and Lighting Maintenance District
No. 89-1-Consolidated Volume 2
FISCAL YEAR 2023-24

PRELIMINARY ENGINEERS REPORT
416
Table of Contents
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
Sections
i. Introduction i

1. Plans and Specifications 1

2. Cost Estimates 2

3. Method of Apportionment of Assessment 10

4. Engineer’s Signature 15

5. Assessment Diagrams 16

6. Assessment Rolls 17
Tables
Table i-1 Summary of Assessments ii
Table 2-1 Zone 18 Budget 2
Table 2-2 Zone 26 Budget 3
Table 2-3 Zone 27 Budget 4
Table 2-4 Zone 35 Budget 5
Table 2-5 Zone 50 Budget 6
Table 2-6 Zone 70 Budget 7
Table 2-7 Zone 71 Budget 8
Table 2-8 Zone 73 Budget 9
Table 3-1 Benefit by Zone 13
Table 3-2 Proposed Assessments 14
Appendices
Appendix A – Assessment Rolls
Appendix B – Assessment Diagrams
417
i. Introduction Page | i
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
AGENCY: CITY OF WILDOMAR
PROJECT: LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT 89-1-CONSOLIDATED VOLUME 2 TO: CITY COUNCIL

CITY OF WILDOMAR

STATE OF CALIFORNIA
ENGINEER’S REPORT PURSUANT TO "LANDSCAPING AND LIGHTING ACT OF 1972" Pursuant to direction from the City Council (the “City Council”) of the City of Wildomar (the “City”), State of California, submitted herewith is the Engineer’s Report (the “Report”) for Landscaping and Lighting Maintenance District No. 89-1-Consolidated, Volume 2 (“LMD No. 89-1-C” or the “District”), consisting of the following parts, pursuant to the provisions of Section 22565 through 22574 of the Landscaping and Lighting Act of 1972 (the “Act”), said Act being Part 2 of Division 15 of the Streets and Highways Code of the State of California, Section 4 of Article XIII D of the California Constitution, and which is in accordance with Resolution No. 2023-__ adopted by the City of Wildomar Council, Riverside County, California ordering preparation of this Report. This Report is applicable for the ensuing 12-month period, being the Fiscal Year commencing July 1, 2023 to June 30, 2024.

Section 1 PLANS AND SPECIFICATIONS including a general description of the maintenance and plans of the landscaping, multi-purpose trails, fencing, fossil filters, and streetlights proposed to be funded.

Section 2 COST ESTIMATES of maintaining the landscaping, multi-purpose trails, fencing, fossil filters, and streetlights, including incidental costs and expenses in connection therewith for Fiscal Year 2023-24, are as set forth on the lists thereof, attached hereto.

Section 3 The METHOD OF APPORTIONMENT OF ASSESSMENT contains the method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon the several lots and parcels of land within the District, in proportion to the estimated benefits to be received by such lots and parcels.

Section 4 ASSESSMENT DIAGRAMS showing the District, the lines and dimensions of each parcel of land within said District, as the same exists on the maps of the Assessor of Riverside County for Fiscal Year 2023-24, is filed in the offices of the City of Wildomar. A boundary map of each zone can be found in Appendix B.

Section 5 ASSESSMENT ROLLS showing the actual assessment for the Fiscal Year 2023-24 apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s Office can be found in Appendix A.

418
i. Introduction Page | ii
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
The following assessment is made to cover the portion of the estimated costs of maintenance, operation, and associated administrative costs of said improvements to be paid by the assessable real property within LMD No. 89-1-C in proportion to the special benefit received:

Table i-1
Summary of Assessments
Zone Energy Costs Administrative Costs
Maximum
Assessment
Est Parcels/Acres
to be Assessed
Zone 18 $572 $91 $996 1 Parcel
Zone 26 $696 $125 $1,388 9.77 Acres
Zone 27 $1,221 $142 $1,565 8.67 Acres
Zone 35 $224 $24 $84 1.32 Acres
Zone 50 $224 $34 $366 7.12 Acres
Zone 70 $572 $137 $1,507 4.18 Acres
Zone 71 $424 $47 $514 12.86 Acres
Zone 73 $348 $90 $993 3.02 Acres
Each succeeding Fiscal Year the special assessment for Street Lighting Zones 18, 26, 27, 35, 50, 70, 71, and 73 may be subject to an annual adjustment that is the greater of two percent (2.00%) or the cumulative percentage increase, if any, in the Consumer Price Index for all Urban Consumers (“CPI-U”) for “electricity” for the Riverside-San Bernardino-Ontario Standard Metropolitan Statistical area (“Index”) published by the Bureau of Labor Statistics of the United States Department of Labor. The annual CPI-U adjustment will be based on the cumulative increase, if any, in the Index as it stands in March of each year over the base Index. Any increase larger than the greater of 2.00% or the CPI-U annual adjustment requires a majority approval of all the property owners within each of the benefit zones in the District. There is a 4.56% proposed inflationary increase in the assessment per acre or per parcel as applicable in Zones 18, 26, 27, 35, 50, 70, 71, and 73 over the assessment levied for Fiscal Year 2022-23, which is consistent with the ballot proposition approved by the qualified electors when establishing said zones. The Bureau of Labor Statistics of the United States Department of Labor has discontinued the Los Angeles-Riverside-Orange County, CA Index. 419

1. Plans and Specifications Page | 1
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
Description of Improvements
Landscaping and Lighting Maintenance District No. 89-1-C is located throughout the County of Riverside. This Report provides information specific to the Zones within the boundaries of the City of Wildomar. LMD 89-1-C maintains and services 31 locations throughout the City of Wildomar. The District contains 11 separate Zones of Benefit and 8 Street Lighting Zones. Each zone is created within the District in order to apportion the annual costs of the maintenance of the authorized improvements and the administration of the District to each property according to the special benefit to be conferred on each such property by such improvements. The following information is specific to the zone within the boundaries of the City of Wildomar.

Zone 18 funds electricity to streetlights including incidental costs and expenses within the public right-of-ways of:

Bundy Canyon Rd. Sellers Rd.

Zone 26 funds electricity to streetlights including incidental costs and expenses within the public right-of-ways of:

Catt Rd. Hidden Springs Rd.

Zone 27 funds electricity to streetlights including incidental costs and expenses within the public right-of-ways of:

Clinton Keith Rd. Elizabeth Ln.

Zone 35 funds electricity to streetlights including incidental costs and expenses within the public right-of-ways of:

Frederick St.

Zone 50 funds electricity to streetlights including incidental costs and expenses within the public right-of-ways of:

Clinton Keith Rd.

Zone 70 funds electricity to streetlights including incidental costs and expenses within the public right-of-ways of:

Clinton Keith Rd. Hidden Springs Rd.

Zone 71 funds electricity to streetlights including incidental costs and expenses within the public right-of-ways of:

Prielipp Rd.

Zone 73 funds electricity to streetlights including incidental costs and expenses within the public right-of-ways of:

Clinton Keith Rd. Palomar St.

420

2. Cost Estimates Page | 2
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
The cost estimate contains each of the items specified in Section 22569 of the Act. The Act provides that the estimated costs of the improvements shall include the total cost of the improvements for the entire Fiscal Year 2023-24, including incidental expenses, which may include operating reserves.

The Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within the Zones is the total cost of installation, maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.

The inflation factor, for those zones with an inflation factor in place, may increase budgets for Zones, which have not been accepted for maintenance, as if assessed. However, the amount to levy may be credited resulting in a zero assessment.

There is a 4.56% proposed inflationary increase in Street Lighting Zones 18, 26, 27, 35, 50, 70, 71, and 73, over the assessment levied for Fiscal Year 2022-23, and is consistent with ballot proposition approved by the qualified electors when establishing said zones. The Bureau of Labor Statistics of the United States Department of Labor has discontinued the Los Angeles-Riverside-Orange County, CA Index.

Table 2-1
Zone 18 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Energy $200.00 $200.00
Debt Service Repayment $372.00 $372.00
Total Direct Costs $572.00 $572.00
Indirect Costs
Administration $88.74 $90.51
Rounding $0.00 $0.00
Total Indirect Costs $88.74 $90.51
Total Costs $660.74 $662.51
Collections/(Contributions)
Operating Reserve $0.00 $0.00
Capital Replacement $279.00 $320.08
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $279.00 $320.08
Total Assessment $939.74 $982.59
Reserve Fund Balances
Beginning Operating Reserve $331.26
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $331.26
Beginning Capital Replacement Reserve $450.59
Capital Reserve Collection $320.08
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $770.67
421

2. Cost Estimates Page | 3
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
Table 2-2
Zone 26 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Energy $200.00 $200.00
Debt Service Repayment $495.00 $496.00
Total Direct Costs $695.00 $696.00
Indirect Costs
Administration $122.19 $124.63
Rounding $0.00 $0.00
Total Indirect Costs $122.19 $124.63
Total Costs $817.19 $820.63
Collections/(Contributions)
Operating Reserve $0.00 $0.00
Capital Replacement $492.48 $548.76
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $492.48 $548.76
Total Assessment $1,309.67 $1,369.39
Reserve Fund Balances
Beginning Operating Reserve $410.32
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $410.32
Beginning Capital Replacement Reserve $2,841.91
Capital Reserve Collection $548.76
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $3,390.67
422

2. Cost Estimates Page | 4
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
Table 2-3
Zone 27 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Energy $800.00 $600.00
Debt Service Repayment $619.00 $621.00
Total Direct Costs $1,419.00 $1,221.00
Indirect Costs
Administration $139.21 $141.99
Rounding $0.00 $0.00
Total Indirect Costs $139.21 $141.99
Total Costs $1,558.21 $1,362.99
Collections/(Contributions)
Operating Reserve $0.00 $0.00
Capital Replacement ($80.97) $181.61
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments ($80.97) $181.61
Total Assessment $1,477.24 $1,544.60
Reserve Fund Balances
Beginning Operating Reserve $681.50
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $681.50
Beginning Capital Replacement Reserve $1,502.26
Capital Reserve Collection $181.61
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $1,683.87
423

2. Cost Estimates Page | 5
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
Table 2-4
Zone 35 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Energy $100.00 $100.00
Debt Service Repayment $124.00 $124.00
Total Direct Costs $224.00 $224.00
Indirect Costs
Administration $23.49 $23.96
Rounding $0.00 $0.00
Total Indirect Costs $23.49 $23.96
Total Costs $247.49 $247.96
Collections/(Contributions)
Operating Reserve ($168.39) ($165.26)
Capital Replacement $0.00 $0.00
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments ($168.39) ($165.26)
Total Assessment $79.10 $82.70
Reserve Fund Balances
Beginning Operating Reserve ($907.42)
Operating Reserve Collection $0.00
Operating Reserve Contribution ($165.26)
Est. Ending Operating Reserve ($1,072.68)
Beginning Capital Replacement Reserve $0.00
Capital Reserve Collection $0.00
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $0.00
424

2. Cost Estimates Page | 6
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
Table 2-5
Zone 50 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Energy $100.00 $100.00
Debt Service Repayment $124.00 $124.00
Total Direct Costs $224.00 $224.00
Indirect Costs
Administration $33.04 $33.70
Rounding $0.00 $0.00
Total Indirect Costs $33.04 $33.70
Total Costs $257.04 $257.70
Collections/(Contributions)
Operating Reserve $35.39 $0.00
Capital Replacement $52.57 $103.04
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $87.96 $103.04
Total Assessment $345.00 $360.74
Reserve Fund Balances
Beginning Operating Reserve $128.85
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $128.85
Beginning Capital Replacement Reserve $60.37
Capital Reserve Collection $103.04
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $163.41
425

2. Cost Estimates Page | 7
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
Table 2-6
Zone 70 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Energy $100.00 $200.00
Debt Service Repayment $372.00 $372.00
Total Direct Costs $472.00 $572.00
Indirect Costs
Administration $134.58 $137.27
Rounding $0.00 $0.00
Total Indirect Costs $134.58 $137.27
Total Costs $606.58 $709.27
Collections/(Contributions)
Operating Reserve $0.00 $0.00
Capital Replacement $815.37 $777.52
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $815.37 $777.52
Total Assessment $1,421.95 $1,486.79
Reserve Fund Balances
Beginning Operating Reserve $354.64
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $354.64
Beginning Capital Replacement Reserve $13,770.51
Capital Reserve Collection $777.52
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $14,548.03
426

2. Cost Estimates Page | 8
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
Table 2-7
Zone 71 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Energy $100.00 $300.00
Debt Service Repayment $124.00 $124.00
Total Direct Costs $224.00 $424.00
Indirect Costs
Administration $45.65 $46.56
Rounding $0.00 $0.00
Total Indirect Costs $45.65 $46.56
Total Costs $269.65 $470.56
Collections/(Contributions)
Operating Reserve $0.30 $0.00
Capital Replacement $214.88 $36.38
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $215.18 $36.38
Total Assessment $484.83 $506.94
Reserve Fund Balances
Beginning Operating Reserve $235.28
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $235.28
Beginning Capital Replacement Reserve $1,522.94
Capital Reserve Collection $36.38
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $1,559.32
427

2. Cost Estimates Page | 9
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
Table 2-8
Zone 73 Budget
Estimated through June 30
Direct Costs FY 2022-23 FY 2023-24
Energy $100.00 $100.00
Debt Service Repayment $248.00 $248.00
Total Direct Costs $348.00 $348.00
Indirect Costs
Administration $88.70 $90.47
Rounding $0.00 $0.00
Total Indirect Costs $88.70 $90.47
Total Costs $436.70 $438.47
Collections/(Contributions)
Operating Reserve $0.00 $0.00
Capital Replacement $500.25 $541.21
General Benefit Contribution $0.00 $0.00
City Contribution $0.00 $0.00
Total Adjustments $500.25 $541.21
Total Assessment $936.95 $979.68
Reserve Fund Balances
Beginning Operating Reserve $219.24
Operating Reserve Collection $0.00
Operating Reserve Contribution $0.00
Est. Ending Operating Reserve $219.24
Beginning Capital Replacement Reserve $1,963.59
Capital Reserve Collection $541.21
Capital Reserve Contribution $0.00
Est. Ending Capital Replacement Reserve $2,504.80
428

3. Method of Apportionment of Assessment Page | 10
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
Changes in Organization
There are no changes in organization for any zone for Fiscal Year 2023-24.

Proposition 218 Compliance
On November 5, 1996 California voters approved Proposition 218 entitled “Right to Vote on Taxes Act” which added Article XIII D to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.

Some of these exceptions include:

1. Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.

2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).

Proposition 218 does not define this term “streets.” However, based on the opinions of the public agency officials, attorneys, assessment engineers, and Senate Bill 919, it has been determined that streets include all public improvements located within the street right-of-way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.

Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the real property” (California Constitution, Article XIII D, §2(b)). A special assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters.

Distinguishing among taxes, fees and assessments can be difficult and often depends on the context in which the distinction is made.

For example, taxes, assessments and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.

Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements which a local government must follow to levy an assessment. In addition to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires a local government to “separate the general benefits from the special benefits conferred on a parcel.” By its nature most every public improvement financed through an assessment district contains an element of public benefit. The test is: does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that portion of the cost of the improvement which benefits the public generally, to be separated from that portion of the cost of the improvement which specially benefits assessed properties. Proposition 218 provides the following definition of “special benefit”:
“’Special benefit’ means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute ‘special benefit’.”
The amount of the assessment for the Fiscal Year 2023-24 apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part of the records of the County Assessor of the County of Riverside and such records are, by reference, made part of this Report. 429

3. Method of Apportionment of Assessment Page | 11
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
Direct and Special Benefit
The servicing of streetlights provides direct and special benefit to those properties located within the District.

Each and every lot or parcel within the District receives a particular and distinct benefit from the improvements over and above general benefits conferred by the improvements. First, improvements were conditions of approval for the creation or development of the parcels. In order to create or develop the parcels, the County or City required the original developer to install and/or guarantee the maintenance of the improvements and appurtenant facilities serving the lots or parcels. Therefore, each and every lot or parcel within the District could not have been developed in the absence of the installation and expected maintenance and servicing of these facilities.

In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the District because of the nature of the improvements. The servicing of streetlights, and appurtenant facilities, especially benefit parcels within the District by increased public safety, improved neighborhood property protection, reduced property-related crimes (especially vandalism), increasing public safety for both pedestrians and the motoring public, and increasing traffic safety by improving visibility. Streetlights also assign rights-of-way for the safety of pedestrians and motorists by defining a specific path during all hours of the day.

Streets are constructed for the safe and convenient travel of vehicles and pedestrians. They also provide an area for underground and overhead utilities. These elements are a distinct and special benefit to all developed parcels in the District. Streetlights are installed on and are for street purposes and are maintained and serviced to allow the street to perform to the standards it was designed.

Streetlights are determined to be an integral part of “streets” as a “permanent public improvement.” One of the principal purposes of fixed roadway lighting is to create a nighttime environment conducive to quick, accurate, and comfortable seeing for the user of the facility. These factors, if attained, combine to improve traffic safety and achieve efficient traffic movement. Fixed lighting can enable the motorist to see detail more distinctly and to react safely toward roadway and traffic conditions present on or near the roadway facility.

The system of streets within the District is established to provide access to each parcel in the District. Streetlights provide a safer street environment for owners of the parcels served. If the parcels were not subdivided to provide individual parcels to owners within the District, there would be no need for a system of streets with streetlights. Therefore, the installation of streetlights is for the express, special benefit of the parcels within the District.

Finally, the servicing of streetlights provides an enhanced quality of life and sense of well-being for properties within the District.

Because all benefiting properties consist of a uniform land use, it is determined that all lots or parcels benefit equally from the improvements and the costs and expenses for the provision of electricity for the streetlights are apportioned on a per acre or per parcel basis.

Based on the benefits described above, streetlights are an integral part of the quality of life of the District. This quality of life is a special benefit to those parcels that are not government owned easements, utility easements, and flood channel parcels. Government owned easements, utility easements, and flood channel parcels do not benefit from the improvements due to their use and lack of habitation on such parcels. Parcels of this nature are usually vacant narrow strips of land or flood control channels and therefore do not generate or experience pedestrian or vehicular traffic. Nor do these types of parcels support dwelling units or other structures that would promote frequent use of the parcels by the traveling public. As a result of this lack of activity on such parcels they do not receive any benefit from streetlights and are not assessed.

General Benefit
The total benefit from the works of improvement is a combination of the special benefits to the parcels within the District and the general benefits to the public at large and to adjacent property owners. The portion of the total streetlight servicing costs associated with general benefits will not be assessed to the parcels in the District, but will be paid from other City Funds. Because the streetlights are located immediately adjacent to properties within the District and are maintained solely for the benefit of the properties within the District, any benefit received by properties outside of the District will be in the proportions stated under Special Benefit. As a result, no property is assessed in excess of the reasonable cost of the proportional special benefit conferred on that property. 430

3. Method of Apportionment of Assessment Page | 12
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
Method of Apportionment
The Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, dedicated easements for landscape use, and appurtenant facilities. The Act further provides that assessments may be apportioned upon all assessable lots or parcels of land within an assessment district in proportion to the estimated benefits to be received by each lot or parcel from the improvements rather than assessed value.
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided by the District to fairly apportion the costs based on the estimated benefit to each parcel.

In addition, Article XIII D of the California Constitution (the “Article”) requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit. 431

3. Method of Apportionment of Assessment Page | 13
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
Benefit by Zone
Each of the assessable lots within the zones listed below has been deemed to receive proportional special benefit from the street lighting within that zone. The percentage change in allowable Fiscal Year 2023-24 assessment from the allowable Fiscal Year 2022- 23 assessment is as follows:

Table 3-1
Benefit by Zone
Zone
Estimated
Cost
FY 2023-24
Total
Parcels/Acres
Allowable
Assessment
per Parcel/Acre
FY 2022-23
Allowable
Assessment
per Parcel/Acre
FY 2023-24
Maximum
Assessment
Rate
Change (%)
Preliminary
Assessment
per Parcel/Acre
FY 2023-24
Zone 18 $662.51 1 Parcel $952.20 $995.62 4.56% $982.59
Zone 26 $820.63 9.77 Acres $135.83 $142.03 4.56% $140.16 Zone 27 $1,362.99 8.67 Acres $172.65 $180.52 4.56% $178.16 Zone 35 $247.96 1.32 Acres $60.72 $63.48 4.56% $62.65
Zone 50 $257.70 7.12 Acres $49.10 $51.34 4.56% $50.67
Zone 70 $709.27 4.18 Acres $344.69 $360.41 4.56% $355.69 Zone 71 $470.56 12.86 Acres $38.20 $39.94 4.56% $39.42
Zone 73 $438.47 3.02 Acres $314.36 $328.70 4.56% $324.40 Whereas, the Board of Supervisors of the County of Riverside, State of California, did, pursuant to the provisions of the “Landscaping and Lighting Act of 1972", being Division 15 of the Streets and Highways Code of the State of California, adopt Resolution No. 94-389 to initiate proceedings to form a special assessment district known and designated as:

Landscaping and Lighting Maintenance District No. 89-1-Consolidated; and, Whereas, the City Council, did direct the appointed engineer to prepare and file an annual report, in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the Streets and Highways Code, being an article of the aforementioned Landscaping and Lighting Act of 1972.

Whereas, Section 22567 of said Article 4 states the Report shall consist of the following; a. Maintenance plans for the improvements
b. An estimate of the costs of the improvements
c. A diagram for the assessment district
d. An assessment of the estimated costs of the maintenance of the improvements Now, Therefore, I, the appointed ENGINEER, acting on behalf of the City of Wildomar, pursuant to the Act, do hereby submit the following:

1. Pursuant to the provisions of law the costs and expenses of the District have been assessed upon the parcels of land in the District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said parcel, reference is made to the Assessment Diagram, a reduced copy of which is included herein.

2. As required by law, a Diagram is filed herewith, showing the District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District as the same exist each of which subdivisions of land or parcels or lots, respectively, have been given a separate number upon said Diagram and in the Assessment Roll contained herein.

3. The separate numbers given the subdivisions and parcels of land, as shown on said Assessment Diagram and Assessment Roll, correspond with the numbers assigned to each parcel by the Riverside County Assessor. Reference is made to the County Assessment Roll for a description of the lots or parcels. 432

3. Method of Apportionment of Assessment Page | 14
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24

4. There are no parcels or lots within Street Lighting Zones 18, 26, 27, 35, 50, 70, 71, and 73 that are owned by a federal, state, or other local governmental agency that will benefit from the services to be provided by the assessments to be collected.

The City requested Spicer Consulting Group, LLC., to prepare and file an Engineer’s Report for Landscaping and Lighting Maintenance District No. 89-1-Consolidated pursuant to the Landscaping and Lighting Act of 1972 presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for LMD No. 89-1-C for the referenced Fiscal Year, a diagram for LMD No. 89-1-C showing the area and properties to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing the improvements, assessing the net amount upon all assessable lots and-or parcels within LMD No. 89-1-C in proportion to the special benefit received.

Table 3-2
Proposed Assessments
Zone Fiscal Year
Maximum
% Increase
Maximum
Assessment
Actual
% Increase
Actual
Assessment
% of
Maximum
Zone 18 2022-23 10.04% $952.20 8.60% $939.74 100%
2023-24 4.56% $995.62 4.56% $982.59 99%
Zone 26 2022-23 10.04% $135.83 8.60% $134.05 99%
2023-24 4.56% $142.03 4.56% $140.16 99%
Zone 27 2022-23 10.04% $172.65 8.60% $170.39 99%
2023-24 4.56% $180.52 4.56% $178.16 99%
Zone 35 2022-23 10.04% $60.72 8.60% $59.92 99%
2023-24 4.56% $63.48 4.56% $62.65 99%
Zone 50 2022-23 10.04% $49.10 8.60% $48.46 99%
2023-24 4.56% $51.34 4.56% $50.67 99%
Zone 70 2022-23 10.04% $344.69 8.60% $340.18 99%
2023-24 4.56% $360.41 4.56% $355.69 99%
Zone 71 2022-23 10.04% $38.20 8.60% $37.70 99%
2023-24 4.56% $39.94 4.56% $39.42 99%
Zone 73 2022-23 10.04% $314.36 8.60% $310.25 99%
2023-24 4.56% $328.70 4.56% $324.40 99%
433

4. Engineer’s Signature Page | 15
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
Executed this day of 2023.

FRANCISCO MARTINEZ JR
PROFESSIONAL CIVIL ENGINEER NO. 84640

ENGINEER OF WORK

CITY OF WILDOMAR

STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed with me on the _______ day of ____________, 2023.

CITY CLERK

CITY OF WILDOMAR

STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Wildomar, California _____day of ___________, 2023.

CITY CLERK

CITY OF WILDOMAR

STATE OF CALIFORNIA
434

5. Assessment Diagrams Page | 16
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
A reduced copy of the Assessment Diagrams are filed herewith, are incorporated by reference in Appendix B herein, and made part of this Report.

If any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel number for the current Fiscal Year, a corrected parcel number and/or new parcel number will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

Information identified on these maps was received from several sources including the owner/developer, City of Wildomar, and the Riverside County Assessor.
435

6. Assessment Rolls
City of Wildomar
Engineer’s Report LMD 89-1-Consolidated Volume 2
Fiscal Year 2023-24
The actual assessment and the amount of the assessment for the Fiscal Year 2023-24 apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part of the records of the County Assessor of the County of Riverside and such records are, by reference, made part of this Report.

The total assessment for the Fiscal year 2023-24 is $7,313.43.1

1 The actual assessment roll might have a minimal variance due to rounding. 436

APPENDIX A
Assessment Rolls
437
68-9845 - LMD 89-1-C Vol.2 - Zone 18
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
366300083 $982.58
Totals Parcels 1 Levy $982.58
Assessment Roll

Engineer's Report 438
68-9846 - LMD 89-1-C Vol.2 - Zone 26
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
380110030 $665.76 380110031 $109.32 380110032 $105.12
380110033 $117.72 380110034 $165.38 380110035 $77.08
380110036 $85.48 380110037 $43.44
Totals Parcels 8 Levy $1,369.30
Assessment Roll

Engineer's Report 439
68-9847 - LMD 89-1-C Vol.2 - Zone 27
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
380290030 $1,544.60
Totals Parcels 1 Levy $1,544.60
Assessment Roll

Engineer's Report 440
68-9848 - LMD 89-1-C Vol.2 - Zone 35
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
367181001 $1.86 367181002 $1.24 367181003 $1.24
367181004 $5.62 367181005 $3.12 367181006 $3.12
367181007 $3.12 367181008 $3.12 367181009 $1.86
367181010 $3.74 367181011 $3.12 367181012 $1.24
367181013 $1.24 367181014 $2.50 367181016 $5.62
367181017 $5.00 367181018 $17.54 367181019 $18.16
Totals Parcels 18 Levy $82.46
Assessment Roll

Engineer's Report 441
68-9849 - LMD 89-1-C Vol.2 - Zone 50
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
380140018 $360.72
Totals Parcels 1 Levy $360.72
Assessment Roll

Engineer's Report 442
68-9850 - LMD 89-1-C Vol.2 - Zone 70
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
380110040 $277.42 380110041 $526.42 380110042 $327.22
380110043 $355.68
Totals Parcels 4 Levy $1,486.74
Assessment Roll

Engineer's Report 443
68-9851 - LMD 89-1-C Vol.2 - Zone 71
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
380260033 $106.42 380260034 $107.22 380260035 $164.76
380260036 $128.50
Totals Parcels 4 Levy $506.90
Assessment Roll

Engineer's Report 444
68-9852 - LMD 89-1-C Vol.2 - Zone 73
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
380130027 $489.82 380130028 $489.82
Totals Parcels 2 Levy $979.64
Assessment Roll

Engineer's Report 445

APPENDIX B
Assessment Diagrams
446
BA
R
REN
G
O
D
R

SPUR BROOK DR

SELLERS R
D

BUNDY CANYON RD
TA
MERRON
WAY

BRECKENRIDGE
TRL
M
O
N

TE VISTA
D
R
366300080
0 100 200 400Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
STREET LIGHTING ZONE 18
Ê
Street Light
447

CLINTON
KEITH
RD

CATT RD
HIDDEN

SPRINGS
RD
§¨¦15
380110035
380110031
380110036
380110034
380110037
380110032
380110030
380110033
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
STREET LIGHTING ZONE 26
Ê
Street Light
448

CLINTON KEITH RD

ELIZABET
H LN

BUNNY TRL
JA
N
A LN
380290030
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
STREET LIGHTING ZONE 27
Ê
Street Light
449
MONTE
VISTA
DR

FREDERICK ST
0 50 100 200Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
STREET LIGHTING ZONE 35
Ê
Street Light
450

CLINTON
KEITH
RD

CORDUROY RD

FALLING
LEAF
CT

PALOMAR
ST

KILGORE
LN
OSA
AVE
380140018
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
STREET LIGHTING ZONE 50
Ê
Street Light
451

CLINTON
KEITH
RD
STABLE
LANES
RD
HIDDEN

SPRINGS
RD
380110040
380110041
380110042
380110043
0 100 200 400Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
STREET LIGHTING ZONE 70
Ê
Street Light
452

PRIELIPP RD

WYMAN RD
KEVIN
R
D
§¨¦15
380260036
380260034
380260033
380260035
0 125 250 500Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
STREET LIGHTING ZONE 71
Ê
Street Light
453

PALOMAR
ST

CLINTON
KEITH
RD
WING
ELM
CIR
0 75 150 300Feet

CITY OF WILDOMAR

ASSESSMENT DIAGRAM
LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 CONSOLIDATED
STREET LIGHTING ZONE 73
Ê
Street Light
454
455

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.14
Meeting Date: May 10, 2023
SUBJECT: Tract Map 37156 - Camelia Townhomes DIF/TUMF Credit Agreements
SUBMITTED BY: Emily Stadnik
PREPARED BY: Emily Stadnik
ACTION:

Staff recommends that the City Council:

Authorize the City Manager to execute the DIF Credit Agreement between the City of Wildomar and Camelia Project Owner, LLC, a Delaware limited liability company.

BACKGROUND:

Camelia Project Owner, LLC is the developer of Tract Map No. 37156, an approved 29.5-acre subdivision, located at the southeast corner of Jefferson Avenue and Washington Avenue, in the City of Wildomar. The Tract Map is for condominium purposes and proposes 163 units for multi-family residential use. On August 9, 2017 the City Council approved the final map for the tentative Parcel Map No. 37156.

The developer will be constructing street improvements on Jefferson Avenue, including widening the street to ultimate conditions along the southern boundary, and constructing master planned drainage facilities along the project frontage. The developer will also be constructing street improvements on Washington Avenue and signal improvements at the intersection of Jefferson and Washington. The City’s Public Works/Engineering Department is currently reviewing street improvement, storm drain, and signal plans. An aerial image of the project site and surrounding area is provided in Attachment A.

DISCUSSION:
456
The developer, Camelia Project Owner, LLC (Developer), is obligated to pay DIF and TUMF for their development. The public improvements that the developer will be constructing are included in the Development Impact Fee (DIF) and Transportation Uniform Mitigation Fee (TUMF) programs. The Developer is required to pay DIF and TUMF to cover all or a portion of the cost of public improvements, public services, and community amenities related to their project. The City is authorized to issue DIF and TUMF credits to developers who construct public improvements that are included within the fee programs to receive credit for their DIF and TUMF obligations. The DIF and TUMF agreements (Attachments B and C) outlines the terms and conditions for the Developer to construct DIF and TUMF eligible facilities that will allow them to be eligible for credits. Upon completion of public improvements construction, the Developer is responsible for submitting documents to the City to confirm that the facilities were constructed consistent with the requirements of the DIF and TUMF agreements. The City will review the documents and take appropriate steps to approve DIF and TUMF credits to the Developer.

FISCAL IMPACT:

The Developer will be constructing improvements that are part of the DIF and TUMF programs. The Developer will receive credits after complying with the requirements stated in the agreement. The DIF and TUMF credits will not exceed the Developer’s DIF and TUMF obligations.

Time spent by City staff on the completion of items set forth in the DIF and TUMF Credit Agreements will be reimbursed by the Developer.

ATTACHMENTS:

Attachment A - Aerial Map Camelia.pdf
Attachment B - Camelia DIF Credit Agreement FINAL.doc
Attachment C - Camelia TUMF Credit Agreement FINAL.docx 457

ATTACHMENT A
Aerial Image of
Camelia Townhomes Tract Map 37156
(highlighted in yellow)
458
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RIV #4819-5836-6750 v2

DIF CREDIT AGREEMENT
Camelia
This DIF CREDIT AGREEMENT (“Agreement”) is entered into this 10 day of May 2023 by and between the CITY OF WILDOMAR, a California municipal corporation (“CITY”), and Camelia Project Owner, LLC, a Delaware limited liability company (“Developer”). CITY and Developer are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.

RECITALS
WHEREAS, Developer owns 25.91 acres of real property located within the CITY which is more specifically described in the legal description set forth in Exhibit “A”, attached hereto and incorporated herein by this reference (“Property”); 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 Tract 37156 (“Project”);
WHEREAS, CITY requires developers to pay certain development impact fees for the purpose of defraying all or a portion of the cost of public improvements, public services, and community amenities related to the their projects (“DIF”); WHEREAS, sections 3.40.040, 3.40.050, and 3.44.080 of the Wildomar Municipal Code 1) authorize the CITY to issue DIF credits to a developer who constructs certain public improvements that are included within the fee program to reduce their DIF obligation, and 2) authorize the CITY to reimburse a developer who constructs public improvements that are more costly than its DIF obligations;
WHEREAS, CITY and Developer have entered into a separate agreement pertaining to the Developer’s construction of improvements included within the Transportation Uniform Mitigation Fee (“TUMF”) Program and providing Developer credits and/or reimbursements against the Developer’s TUMF obligations; and,
WHEREAS, as a condition of CITY’s approval of the Project, CITY has required Developer to construct certain public improvements that would be funded by the DIF Program (“DIF Improvements”);
WHEREAS, CITY and Developer now desire to enter into this Agreement for the following purposes: (1) to provide for the timely delivery of the DIF Improvements, (2) to ensure that delivery of the DIF Improvements is undertaken as if the DIF Improvements were constructed under the direction and authority of the CITY, (3) to provide a means by which the Developer’s costs for project delivery of the DIF Improvements and related right-of-ways is offset against Developer’s obligation to pay the applicable DIF for the Project, and (4) to provide 459
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RIV #4819-5836-6750 v2
a means for Developer to be reimbursed to the extent the actual and authorized costs for the delivery of the DIF Improvements exceeds Developer's DIF obligations.

NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer and CITY hereby agree as follows:

TERMS

1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2.0 Construction of DIF Improvements. Developer shall construct or have constructed at its own cost, expense, and liability certain DIF Improvements generally described as Line M3-A (Jefferson) and Line M3-A (Starbuck) Storm Drain, Jefferson/Palomar Street Improvements (3/4 of the approved segment), Washington Street Improvements, Palomar/ Inland Traffic Signalization (3 of the 4 corners) and Palomar/Inland Intersection Improvements and as shown more specifically on the plans, profiles, and specifications which have been or will be prepared by or on behalf of Developer and approved by CITY, and which are incorporated herein by this reference. Construction of the DIF Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. Developer shall be responsible for the replacement, relocation, or removal of any component of any existing public or private improvement in conflict with the construction or installation of the DIF Improvements.

Such replacement, relocation, or removal shall be performed to the complete satisfaction of CITY and the owner of such improvement. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the DIF Improvements.

2.1 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the DIF Improvements until all plans and specifications for the DIF Improvements have been submitted to and approved by CITY. Approval by CITY shall not relieve Developer from ensuring that all DIF Improvements conform with all other requirements and standards set forth in this Agreement.

2.2 Permits and Notices. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the DIF Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

2.3 Public Works Requirements. In order to insure that the DIF Improvements will be constructed as if they had been constructed under the direction and 460
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RIV #4819-5836-6750 v2
supervision, or under the authority of, CITY, Developer shall comply with all of the following requirements with respect to the construction of the DIF Improvements:
(a) Developer shall obtain bids for the construction of the DIF Improvements, in conformance with the standard procedures and requirements of CITY with respect to its public works projects, or in a manner which is approved in writing by the Public Works Department.
(b) The contract or contracts for the construction of the DIF Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the DIF Improvements.
(c) Developer shall require, and the specifications and bid and contract documents shall require, all such contractors to pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and to otherwise comply with applicable provisions of the Labor Code, the Government Code and the Public Contract Code relating to public works projects of cities and as required by the procedures and standards of CITY with respect to the construction of its public works projects or as otherwise directed by the Public Works Department.
(d) All such contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the DIF Improvements which they will construct in conformance with CITY’s standard procedures and requirements. (e) Developer and all such contractors shall comply with such other requirements relating to the construction of the DIF Improvements which CITY may impose by written notification delivered to Developer and each such contractor at any time, either prior to the receipt of bids by Developer for the construction of the DIF Improvements, or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof.

Developer shall provide proof to CITY, at such intervals and in such form as CITY may require that the foregoing requirements have been satisfied.

2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the DIF Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The DIF Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with CITY, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required, constructing the DIF Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and 461
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RIV #4819-5836-6750 v2
maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

2.6 Alterations to DIF Improvements. All work shall be done and the DIF Improvements completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation it is determined that the public interest requires alterations in the DIF Improvements, Developer shall undertake such design and construction changes as may be reasonably required by CITY. Any and all alterations in the plans and specifications and the DIF Improvements to be completed may be accomplished without first giving prior notice thereof to Developer’s surety for this Agreement.

3.0 Maintenance of DIF Improvements. CITY shall not be responsible or liable for the maintenance or care of the DIF Improvements until CITY approves and accepts them. CITY shall exercise no control over the DIF Improvements until accepted. Any use by any person of the DIF Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to CITY’s acceptance of the DIF Improvements. Developer shall maintain all of the DIF Improvements in a state of good repair until they are completed by Developer and approved and accepted by CITY, and until the security for the performance of this Agreement is released. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by CITY. If Developer fails to properly prosecute its maintenance obligation under this section, CITY may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. CITY shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the DIF Improvements or their condition prior to acceptance.

4.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of the construction of the DIF Improvements, including, but not limited to, all plan check, design review, engineering, inspection, sewer treatment connection fees, and other service fees established by CITY.

5.0 CITY Inspection of DIF Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the DIF Improvements, maintain reasonable and safe facilities and provide safe access for inspection by CITY of the DIF Improvements and areas where construction of the DIF Improvements is occurring or will occur.

6.0 Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the DIF Improvements, Developer shall provide to CITY such evidence or proof as CITY shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the construction of the DIF Improvements, have been paid, and that no claims of liens have been 462
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recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to CITY a title insurance policy or other security acceptable to CITY guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.

7.0 Acceptance of DIF Improvements; As-Built or Record Drawings. If the DIF Improvements are properly completed by Developer and approved by CITY, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, CITY shall be authorized to accept the DIF Improvements. CITY may, in its sole and absolute discretion, accept fully completed portions of the DIF Improvements prior to such time as all of the DIF Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the DIF Improvements. Upon the total or partial acceptance of the DIF Improvements by CITY, Developer shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted DIF Improvements in accordance with California Civil Code sections 8182, 8184, 9204, and 9208 (“Notice of Completion”), at which time the accepted DIF Improvements shall become the sole and exclusive property of CITY without any payment therefore. Notwithstanding the foregoing, CITY may not accept any DIF Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the CITY for all such DIF Improvements. The drawings shall be certified and shall reflect the condition of the DIF Improvements as constructed, with all changes incorporated therein.

8.0 Warranty and Guarantee. Developer hereby warrants and guarantees all the DIF Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the DIF Improvements, for a period of one (1) year following completion of the work and acceptance by CITY (“Warranty”).

During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the DIF Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of CITY, and to the approval of CITY. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any DIF Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following CITY’s acceptance of the repaired, replaced, or reconstructed DIF Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any DIF Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

9.0 Administrative Costs. If Developer fails to construct and install all or any part of the DIF Improvements, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to CITY for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
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10.0 Default; Notice; Remedies.

10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if CITY determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, CITY may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice”). Developer shall substantially commence the work required to remedy the default or violation within five (5) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, CITY may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon CITY’s issuance of the Notice, Developer and its surety shall be liable to CITY for all costs of construction and installation of the DIF Improvements and all other administrative costs or expenses as provided for in this Section 10.0 of this Agreement.

10.2 Failure to Remedy; CITY Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to CITY within the time frame contained in the Notice, CITY may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. CITY’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any of the DIF Improvements at the time of CITY’s demand for performance. In the event CITY elects to complete or arrange for completion of the remaining work and the DIF Improvements, CITY may require all work by Developer or its surety to cease in order to allow adequate coordination by CITY.

10.3 Other Remedies. No action by CITY pursuant to this Section 10.0 et seq. 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.

11.0 Security; Surety Bonds. Prior to the commencement of any work on the DIF Improvements, Developer or its contractor shall provide CITY with surety bonds in the amounts and under the terms set forth below (“Security”). The amount of the Security shall be based on the estimated actual costs to construct the DIF Improvements, as determined by CITY after Developer has awarded a contract for construction of the DIF Improvements to the lowest responsive and responsible bidder in accordance with this Agreement (“Estimated Costs”). If CITY determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by CITY. 464
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Developer’s compliance with this Section 11.0 et seq. of this Agreement shall in no way limit or modify Developer’s indemnification obligation provided in Section 12.0 of this Agreement.

11.1 Performance Bond. To guarantee the faithful performance of the DIF Improvements and all the provisions of this Agreement, to protect CITY if Developer is in default as set forth in Section 10.0 et seq. of this Agreement, and to secure the one-year guarantee and warranty of the DIF Improvements, Developer or its contractor shall provide CITY a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The CITY may, in its sole and absolute discretion, partially release a portion or portions of the security provided under this section as the DIF Improvements are accepted by CITY, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than Ten Percent (10%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement.

11.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the DIF Improvements and this Agreement, Developer or its contractor shall provide CITY a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of CITY after six (6) months from the date CITY accepts the DIF Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic’s lien claims of which CITY is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of CITY’s anticipated administrative and legal expenses arising out of such claims.

11.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least “A” and FSC-VIII, shall be licensed to do business in California, and shall be satisfactory to CITY. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer, its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by CITY in enforcing the obligations of this Agreement. Developer, its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the DIF Improvements, or the plans and specifications for the DIF Improvements shall in any way affect its obligation on the Security.

11.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit “B”, unless other forms are deemed acceptable by the CITY, and when such forms are completed to the satisfaction of CITY, the forms and evidence of the Security shall be attached hereto as Exhibit “B” and incorporated herein by this reference.

12.0 Indemnification. Developer shall defend, indemnify, and hold harmless CITY, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful 465
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death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental CITY, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its employees, contractors, or agents in connection with the performance of this Agreement, or arising out of or in any way related to or caused by the DIF Improvements or their condition prior to CITY’s approval and acceptance of the DIF Improvements (“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and the reimbursement of CITY, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused solely and exclusively by the negligence or willful misconduct of CITY as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by CITY, its elected officials, employees, or agents.

13.0 Insurance.

13.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. (a) General Liability. Occurrence version general liability insurance, or equivalent form, with an occurrence limit of not less than Two Million Dollars ($2,000,000) and aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury, and property damage.
(b) Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible. (c) Workers’ Compensation. Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.
(d) Professional Liability. For any consultant or other professional who will engineer or design the DIF Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the DIF Improvements. Such insurance shall be endorsed to include contractual liability. 466
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13.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to CITY guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

13.3 Additional Insured; Separation of Insureds. The Required Insurance, except for the professional liability and workers’ compensation insurance, shall name CITY, its elected officials, officers, employees, and agents as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to CITY, its elected officials, officers, employees, or agents.

13.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering CITY, its elected officials, officers, employees, or agents. The policy required for workers’ compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against CITY in connection with any damage or harm covered by such policy.

13.5 Certificates; Verification. Developer and its contractors shall furnish CITY with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by CITY before work pursuant to this Agreement can begin. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

13.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days’ prior written notice to CITY.

13.7 Insurer Rating. Unless approved in writing by CITY, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least “A” and FSC-VIII. 14 DIF Credits.

14.1 Developer’s DIF Obligation. Developer hereby agrees and accepts that as of the date of this Agreement, the amount Developer is obligated to pay to CITY as part of the DIF Program for DIF Eligible Improvements is Two Million Three Hundred Sixty Thousand Two Hundred Forty Dollars ($2,360,240) (“DIF Obligation”). This DIF Obligation shall be 467
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initially determined under the nexus study and fee schedule in effect for the CITY at the time the Developer submits a building permit application for the DIF Improvements. This DIF Obligation does not have to be paid until the Certificate of Occupancy is obtained.

Notwithstanding the foregoing, Developer agrees that this Agreement shall not estop CITY from adjusting the DIF.

14.2 Credit Offset Against DIF Obligation. Pursuant to section 3.44.080(A) of the Wildomar Municipal Code and in consideration for Developer's obligation under this Agreement for the delivery of DIF Improvements, credit shall be applied by CITY to offset the DIF Obligation subject to adjustment and reconciliation under Section 14.4 of this Agreement (“DIF Credit”). Developer hereby agrees that the amount of the DIF Credit shall be applied after Developer has initiated the process of project delivery of DIF Improvements to the lowest responsible bidder in accordance with this Agreement. Developer further agrees that the dollar amount of the DIF Credit shall be equal to the lesser of: (A) the City Engineer’s Estimate of the actual value of the DIF Improvements; or (B) the estimated cost of the DIF Improvements as identified in the DIF study in effect at the time of the issuance of a building permit for the project (“DIF Unit Cost Assumptions”).

The City Engineer’s Estimate and the DIF Unit Cost Assumptions shall hereafter be collectively referred to as “DIF Estimated Credit”. At no time will the DIF Credit exceed the Developer’s DIF Obligation. If the dollar amount of the DIF Estimated Credit exceeds the dollar amount of the DIF Obligation, Developer will be deemed to have completely satisfied its DIF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.5 of this Agreement. CITY shall provide Developer written notice of the determinations that CITY makes pursuant to this section, including how the DIF Credit is applied to offset the DIF Obligation as described above.

14.3 Verified Cost of the DIF Improvements. Upon recordation of the Notice of Completion for the DIF Improvements and acceptance of the DIF Improvements by CITY, Developer shall submit to the CITY Public Works Director the information set forth in the attached Exhibit “C”. The CITY Public Works Director, or his or her designee, shall use the information provided by Developer to calculate the total actual costs incurred by Developer in delivering the DIF Improvements covered under this Agreement (“DIF Verified Costs”). The CITY Public Works Director will use his or her best efforts to determine the amount of the DIF Verified Costs and provide Developer written notice thereof within thirty (30) calendar days of receipt of all the required information from Developer.

14.4 Reconciliation; Final Credit Offset Against DIF Obligations. The Developer is aware of and accepts the fact that credits are speculative and conceptual in nature.

The actual amount of DIF Credit that shall be applied by CITY to offset the DIF Obligation shall be equal to the lesser of: (A) the DIF Verified Costs or (B) the DIF Unit Cost Assumptions as determined in accordance with Section 14.2 of this Agreement (“Actual DIF Credit”). No Actual DIF Credit will be awarded until the DIF Verified Costs are determined through the reconciliation process. Please be advised that while a Developer may use an engineer’s estimate 468
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in order to estimate DIF Credits for project planning purposes, the Actual DIF Credit awarded will only be determined by the reconciliation process.
(a) DIF Balance. If the dollar amount of the Actual DIF Credit is less than the dollar amount of the DIF Obligation, the CITY Public Works Director shall provide written notice to Developer of the amount of the difference owed (“DIF Balance”) and Developer shall pay the DIF Balance to fully satisfy the DIF Obligation. (b) DIF Reimbursement. If the dollar amount of the Actual DIF Credit exceeds the DIF Obligation, Developer will be deemed to have fully satisfied the DIF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.5 of this Agreement. CITY shall provide Developer written notice of the determinations that CITY makes pursuant to this section. (c) DIF Overpayment. If the dollar amount of the Actual DIF Credit exceeds the Estimated Credit, but is less than the DIF Obligation, but the Actual Credit plus additional monies collected by CITY from Developer for the DIF Obligation exceed the DIF Obligation (“DIF Overpayment”), Developer will be deemed to have fully satisfied the DIF Obligation for the Project and may be entitled to a refund.

14.5 Reimbursement Agreement. If authorized under either Section 14.2 or Section 14.4 Developer may apply to CITY for a reimbursement agreement for the amount by which the Actual DIF Credit exceeds the DIF Obligation, as determined pursuant to Section 15.4 of this Agreement, section 3.44.080 of the Wildomar Municipal Code, and the CITY’s adopted Development Impact Fee Credit and Reimbursement Policy (“Reimbursement Agreement”). If CITY agrees to a Reimbursement Agreement with Developer, the Reimbursement Agreement shall be executed on the form set forth in Exhibit “D,” and shall contain the terms and conditions set forth therein. The Parties agree that the Reimbursement Agreement shall be subject to all terms and conditions of this Agreement, and that upon execution, an executed copy of the Reimbursement Agreement shall be attached hereto and shall be incorporated herein as a material part of this Agreement as though fully set forth herein.

15.0 Miscellaneous.

15.1 Assignment. Developer may assign all or a portion of its rights pursuant to this Agreement to a purchaser of a portion or portions of the Property ("Assignment").

Developer and such purchaser and assignee ("Assignee") shall provide to CITY such reasonable proof as it may require that Assignee is the purchaser of such portions of the Property. Any assignment pursuant to this section shall not be effective unless and until Developer and Assignee have executed an assignment agreement with CITY in a form reasonably acceptable to CITY, whereby Developer and Assignee agree, except as may be otherwise specifically provided therein, to the following: (1) that Assignee shall receive all or a portion of Developer's rights pursuant to this Agreement, including such credit as is determined to be applicable to the portion of the Property purchased by Assignee pursuant to Section 14.0 et seq. of this Agreement, and (2) that Assignee shall be bound by all applicable provisions of this Agreement. 469
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15.2 Relationship Between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or CITY between CITY and Developer. Developer’s contractors 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.

15.3 Warranty as to Property Ownership; Authority to Enter Agreement.

Developer hereby warrants that it owns fee title to the Property and that it has the legal capacity to enter into this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

15.4 Prohibited Interests. Developer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Developer, to solicit or secure this Agreement. Developer also warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Developer, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon the making of this Agreement. For breach of this warranty, CITY shall have the right to rescind this Agreement without liability.

15.5 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

To CITY: City of Wildomar
Attn: Public Works Director
23873 Clinton Keith Rd., Ste. 201
Wildomar, CA 92595
Fax No. (951) 698-1463
To Developer: Camelia Project Owner, LLC
Attn: Adam Smith
2618 San Miguel Drive, Suite 1223
Newport Beach, CA 92660
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.

15.6 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. 470
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15.7 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, agents, and contractors 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 articles 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.

15.8 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

15.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

15.10 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. This section shall not be construed as an authorization for any Party to assign any right or obligation.

15.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

15.12 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.

15.13 Consent to 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 pursuant 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 the 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.
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15.14 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.

15.15 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

15.16 Entire Agreement. This Agreement contains the entire agreement between CITY and Developer and supersedes any prior oral or written statements or agreements between CITY and Developer.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

CAMELIA PROJECT OWNER, LLC
____________________________________
By: ______________________________
Its: ______________________________
ATTEST:
______________________________________
By: ________________________________
Its: ________________________________
CITY OF WILDOMAR:
______________________________________
Dan York, City Manager
ATTEST:
______________________________________
Debbie Lee, City Clerk
APPROVED AS TO FORM:
______________________________________
Thomas D. Jex, City Attorney
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EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
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EXHIBIT B-1
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EXHIBIT “B”

FORMS FOR SECURITY
[ATTACHED BEHIND THIS PAGE]
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EXHIBIT B-2
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BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

PERFORMANCE BOND
WHEREAS, the City of Wildomar (“CITY”) has executed an agreement with ________________________________________________ (hereinafter “Developer”), requiring Developer to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system improvements (hereinafter the “Work”); WHEREAS, the Work to be performed by Developer is more particularly set forth in that certain DIF Credit Agreement dated ___________________________, (hereinafter the “Agreement”); and
WHEREAS, the Agreement is hereby referred to and incorporated herein by this reference; and
WHEREAS, Developer or its contractor is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work constructed thereunder.

NOW, THEREFORE, we the undersigned, ______________________________, as Principal and __________________________________, a corporation organized and existing under the laws of the State of _________________________ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY in the sum of _________________________________________________ ($______________), said sum being not less than one hundred percent (100%) of the total cost of the Work as set forth in the Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Developer and its contractors, or their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless CITY, its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including 476
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reasonable attorney’s fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Agreement or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work.

IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 20__.
________________________________
Principal
By: ___________________________
President
________________________________
Surety
By: ___________________________
Attorney-in-Fact
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ALL-PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA

STATE OF CALIFORNIA

COUNTY OF
On , before me,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General
 Attorney-In-Fact Number Of Pages
 Trustee(s)
 Guardian/Conservator
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _____________________________, certify that I am the ________________ Secretary of the corporation named as principal in the attached bond, that _____________________________________ who signed the said bond on behalf of the principal was then ____________________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) _________________________________
Signature
_____________________
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto.
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BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

LABOR & MATERIAL BOND
WHEREAS, the City of Wildomar (“CITY”) has executed an agreement with _____________________________________ (hereinafter “Developer”), requiring Developer to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system improvements (hereinafter “Work”);
WHEREAS, the Work to be performed by Developer is more particularly set forth in that certain DIF Credit Agreement dated ___________________________, (hereinafter the “Agreement”); and
WHEREAS, Developer or its contractor is required to furnish a bond in connection with the Agreement providing that if Developer or any of his or its contractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.

NOW, THEREFORE, we the undersigned, ______________________________, as Principal and ____________________________________, a corporation organized and existing under the laws of the State of _________________________ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, the sum of ____________________________________________________________ ($_______________), said sum being not less than 100% of the total amount payable by Developer under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if Developer or its contractors, or their heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail 480
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to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.

In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys’ fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 8024, 8400, 8402, 8404, 8430, 9100 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the Agreement or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work.

IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 20__.
________________________________
Principal
By: ___________________________
President
________________________________
Surety
By: ___________________________
Attorney-in-Fact
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EXHIBIT B-8
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ALL-PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA

STATE OF CALIFORNIA

COUNTY OF
On , before me,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General
 Attorney-In-Fact Number Of Pages
 Trustee(s)
 Guardian/Conservator
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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EXHIBIT B-9
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _____________________________, certify that I am the ________________ Secretary of the corporation named as principal in the attached bond, that _____________________________________ who signed the said bond on behalf of the principal was then ____________________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) _________________________________
Signature
_____________________
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto.
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EXHIBIT C-1
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EXHIBIT “C”

DOCUMENTATION TO BE PROVIDED TO CITY BY DEVELOPER FOR

DETERMINATION OF CONSTRUCTION COSTS
To assist CITY in determining the Construction Costs for a completed DIF Improvement, Developer shall provide the following documents to CITY:

1. Plans, specifications and Developer’s civil engineer’s cost estimate;

2. List of bidders from whom bids were requested;

3. Construction schedules and progress reports;

4. Contracts, insurance certificates and change orders with each contractor or vendor;

5. Invoices received from all vendors;

6. Canceled checks for payments made to contractors and vendors (copy both front and back of canceled checks);

7. Spreadsheet showing total costs incurred in and related to the construction of each DIF Improvement and the check number for each item of cost and invoice;

8. Final lien releases from each contractor and vendor; and

9. Such further documentation as may be reasonably required by CITY to evidence the completion of construction and the payment of each item of cost and invoice.
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EXHIBIT “D”

REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this ___ day of ___________________, 20___, by and between the City of Wildomar, a California municipal corporation (“CITY”), and ________________________________, a California [INSERT TYPE OF ENTITY - corporation, partnership, sole proprietorship or other legal entity], (“Developer”). CITY and Developer are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.

RECITALS
WHEREAS, CITY and Developer are parties to an agreement dated ________________, 20___, entitled “DIF Credit Agreement” (hereinafter “Credit Agreement”); WHEREAS, Sections 14.1 through 14.4 of the Credit Agreement provide that Developer is obligated to pay CITY the DIF Obligation, as defined therein, but shall receive credit to offset the DIF Obligation if Developer constructs and CITY accepts the DIF Improvements in accordance with the Credit Agreement;
WHEREAS, Section 14.5 of the Credit Agreement provides that if the dollar amount of the DIF credit to which Developer is entitled under the Credit Agreement exceeds the dollar amount of the DIF Obligation, Developer may apply to CITY for a reimbursement agreement for the amount by which the DIF credit exceeds the DIF Obligation; WHEREAS, Section 14.5 additionally provides that a reimbursement agreement executed pursuant to the Credit Agreement (i) shall be executed on the form attached to the Credit Agreement, (ii) shall contain the terms and conditions set forth therein, (iii) shall be subject to all terms and conditions of the Credit Agreement, and (iv) shall be attached upon execution to the Credit Agreement and incorporated therein as a material part of the Credit Agreement as though fully set forth therein.

NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows:

TERMS

1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2.0 Effectiveness. This Agreement shall not be effective unless and until the Credit Agreement is effective and in full force in accordance with its terms. 485
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3.0 Definitions. Terms not otherwise expressly defined in this Agreement, shall have the meaning and intent set forth in the Credit Agreement.

4.0 Amount of DIF Reimbursement. Subject to the terms, conditions, and limitations set forth in this Agreement, the Parties hereby agree that Developer is entitled to receive the dollar amount by which the Actual DIF Credit exceeds the dollar amount of the DIF Obligation as determined pursuant to the Credit Agreement, section 3.44.080 of the Wildomar Municipal Code, and the CITY’s adopted Development Impact Fee Credit and Reimbursement Policy (“DIF Reimbursement”). The DIF Reimbursement shall be subject to verification by CITY and Developer shall provide any and all documentation reasonably necessary for CITY to verify the amount of the DIF Reimbursement. The DIF Reimbursement shall be in an amount not exceeding [INSERT DOLLAR AMOUNT] ($_____________) (“DIF Reimbursement Amount”). In no event shall the dollar amount of the DIF Reimbursement exceed the difference between the dollar amount of all credit applied to offset the DIF Obligation pursuant to Sections

15.2, 15.3, and 15.4 of the Credit Agreement, and one hundred (100%) of the construction costs of the DIF Improvement identified in the DIF Study in effect at the time of the issuance of a building permit for the Project.

5.0 Payment of DIF Reimbursement; Funding Contingency. The payment of the DIF Reimbursement Amount shall be subject to the following conditions:

5.1 Developer shall have no right to receive payment of the DIF Reimbursement unless and until (i) the DIF Improvements are completed and accepted by CITY in accordance with the Credit Agreement, and (ii) CITY has funds available and appropriated for payment of the DIF Reimbursement Amount.

5.2 Developer shall not be entitled to any interest or other cost adjustment for any delay between the time when the dollar amount of the DIF Reimbursement is determined and the time when payment of the DIF Reimbursement is made to Developer by CITY.

6.0 Affirmation of Credit Agreement. CITY and Developer represent and warrant to each other that there have been no written or oral modifications or amendments of the Credit Agreement, except by this Agreement. CITY and Developer ratify and reaffirm each and every one of their respective rights and obligations arising under the Credit Agreement. CITY and Developer represent and warrant that the Credit Agreement is currently an effective, valid, and binding obligation.

7.0 Incorporation Into Credit Agreement. Upon execution of this Agreement, an executed original of this Agreement shall be attached as Exhibit “D” to the Credit Agreement and shall be incorporated therein as a material part of the Credit Agreement as though fully set forth therein.

8.0 Terms of Credit Agreement Controlling. Each Party hereby affirms that all provisions of the Credit Agreement are in full force and effect and shall govern the actions of the Parties under this Agreement as though fully set forth herein and made specifically applicable 486
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hereto, including without limitation, the following sections of the Credit Agreement: Sections

10.0 through 10.3, Section 12.0, Sections 13.0 through 13.7, and Sections 14.0 through 14.5. [SIGNATURES OF PARTIES ON NEXT PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
[INSERT NAME OF DEVELOPER]
____________________________________
By: ______________________________
Its: ______________________________
ATTEST:
______________________________________
By: ________________________________
Its: ________________________________
CITY OF WILDOMAR:
______________________________________
Dan York, City Manager
ATTEST:
______________________________________
Debbie Lee, City Clerk
APPROVED AS TO FORM:
______________________________________
Thomas D. Jex, City Attorney
488
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EXHIBIT G – DIF PROGRAM COSTS
Storm Drain: Program Cost
Line M3-A (Jefferson) 271,377.00
Line M3-A (Starbuck) 432,193.00
Project Program Cost: 703,570.00
Streets Jefferson/Palomar
Program Length (Total) 3.85
Program Cost (Total) 4,673,693.00
$ / Lane / LF 618.00
Project Length: 1,739.95
Project Program Cost: 1,075,289.10
Streets Washington
Program Length (Total) 0.25
Program Cost (Total) 1,477,484.00
$ / Lane / LF N/A
Project Length: 0.25
Project Program Cost: 738,742.00
Traffic Signal Palomar / Inland
Program Length (Total) N/A
Program Cost (Total) 392,000.00
$ / Lane / LF N/A
Project Length: 3 of 4 legs
Project Program Cost: 294,000.00
Intersection Palomar / Inland
Program Length (Total) N/A
Program Cost (Total) 251,568.00
$ / Lane / LF N/A
Project Length: ~30%
Project Program Cost: 74,819.00
489
For Use Between Public Agency and Developer
“Master Agreement”

IMPROVEMENT AND CREDIT / REIMBURSEMENT AGREEMENT

TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
This IMPROVEMENT AND CREDIT AGREEMENT (“Agreement”) is entered into this ___ day of ___________________, 20___, (the “Effective Date”) by and between the City of Wildomar, a California municipal corporation (“AGENCY”), the Western Riverside Council of Governments, a joint powers Agency, (“WRCOG” ) and Camelia Project Owner, LLC, a Delaware limited liability company with its principal place of business at 2618 San Miguel Drive, Suite 1223 Newport Beach, CA 92660 (“Developer”). AGENCY and Developer are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.

RECITALS
WHEREAS, Developer owns 25.91 acres of real property located within the City of Wildomar, California, which is more specifically described in the legal description set forth in Exhibit “A”, attached hereto and incorporated herein by this reference (“Property”); WHEREAS, Developer has requested from AGENCY-certain entitlements and/or permits for the construction of improvements on the Property, which are more particularly described as one hundred sixty three (163) multi-family residential units (“Project”); WHEREAS, the AGENCY is a member agency of WRCOG, a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. WRCOG is the administrator for the Transportation Uniform Mitigation Fee (“TUMF”) Program; WHEREAS, as part of the TUMF Program, the AGENCY has adopted “Transportation Uniform Mitigation Fee Nexus Study: 2016 Update” (“2016 Nexus Study”) WHEREAS, as a condition to AGENCY’s approval of the Project, AGENCY has required Developer to construct certain street and transportation system improvement(s) of regional importance (“TUMF Improvements”);
WHEREAS, pursuant to the TUMF Program, the AGENCY requires Developer to pay the TUMF which covers the Developer’s fair share of the costs to deliver those TUMF Improvements that help mitigate the Project’s traffic impacts and burdens on the Regional System of Highways and Arterials (also known as the “TUMF Network”), generated by the Project and that are necessary to protect the safety, health and welfare of persons that travel to and from the Project using the TUMF Network;
WHEREAS, the TUMF Improvements have been designated as having Regional or Zonal Significance as further described in the 2016 Nexus Study and the 5-year Transportation Improvement Program as may be amended;
WHEREAS, AGENCY. WRCOG and Developer now desire to enter into this Agreement for the following purposes: (1) to provide for the timely delivery of the TUMF Improvements, (2) to ensure that delivery of the TUMF Improvements is undertaken as if the TUMF Improvements were constructed under the direction and authority of the AGENCY, (3) to provide a means by 490
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which the Developer’s costs for project delivery of the TUMF Improvements and related right-ofway is offset against Developer’s obligation to pay the applicable TUMF for the Project in accordance with the TUMF Administrative Plan adopted by WRCOG, and (4) to provide a means, subject to the separate approval of WRCOG, for Developer to be reimbursed to the extent the actual and authorized costs for the delivery of the TUMF Improvements exceeds Developer's TUMF obligation.

NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer and AGENCY hereby agree as follows:

TERMS

1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2.0 Construction of TUMF Improvements. Developer shall construct or have constructed at its own cost, expense, and liability certain street and transportation system improvements generally described as public roadway improvements on Jefferson Avenue, and as shown more specifically on the plans, profiles, and specifications which have been or will be prepared by or on behalf of Developer and approved by AGENCY, and which are incorporated herein by this reference (“TUMF Improvements”). Construction of the TUMF Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. Developer shall be responsible for the replacement, relocation, or removal of any component of any existing public or private improvement in conflict with the construction or installation of the TUMF Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of AGENCY and the owner of such improvement. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the TUMF Improvements.

2.1 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the TUMF Improvements until all plans and specifications for the TUMF Improvements have been submitted to and approved by AGENCY. Approval by AGENCY shall not relieve Developer from ensuring that all TUMF Improvements conform with all other requirements and standards set forth in this Agreement.

2.2 Permits and Notices. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the TUMF Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

2.3 Public Works Requirements. In order to ensure that the TUMF Improvements will be constructed as if they had been constructed under the direction and supervision, or under the authority of, AGENCY, Developer shall comply with all of the following requirements with respect to the construction of the TUMF Improvements:
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(a) Developer shall obtain bids for the construction of the TUMF Improvements, in conformance with the standard procedures and requirements of AGENCY with respect to its public works projects, or in a manner which is approved by the Public Works Department.
(b) The contract or contracts for the construction of the TUMF Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the TUMF Improvements.
(c) Developer shall require, and the specifications and bid and contract documents shall require, all such contractors to pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and to otherwise comply with applicable provisions of the Labor Code, the Government Code and the Public Contract Code relating to public works projects of cities/counties and as required by the procedures and standards of AGENCY with respect to the construction of its public works projects or as otherwise directed by the Public Works Department.
(d) All such contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the TUMF Improvements which they will construct in conformance with AGENCY’s standard procedures and requirements. (e) Developer and all such contractors shall comply with such other requirements relating to the construction of the TUMF Improvements which AGENCY may impose by written notification delivered to Developer and each such contractor at any time, either prior to the receipt of bids by Developer for the construction of the TUMF Improvements, or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof.

Developer shall provide proof to AGENCY, at such intervals and in such form as AGENCY may require that the foregoing requirements have been satisfied as to the TUMF Improvements.

2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the TUMF Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements.

The TUMF Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with AGENCY, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required, constructing the TUMF Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of 492
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whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

2.6 Alterations to TUMF Improvements. All work shall be done and the TUMF Improvements completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation it is determined that the public interest requires alterations in the TUMF Improvements, Developer shall undertake such design and construction changes as may be reasonably required by AGENCY. Any and all alterations in the plans and specifications and the TUMF Improvements to be completed may be accomplished without first giving prior notice thereof to Developer’s surety for this Agreement.

3.0 Maintenance of TUMF Improvements. AGENCY shall not be responsible or liable for the maintenance or care of the TUMF Improvements until AGENCY approves and accepts them.

AGENCY shall exercise no control over the TUMF Improvements until accepted. Any use by any person of the TUMF Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to AGENCY’s acceptance of the TUMF Improvements. Developer shall maintain all of the TUMF Improvements in a state of good repair until they are completed by Developer and approved and accepted by AGENCY, and until the security for the performance of this Agreement is released. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by AGENCY. If Developer fails to properly prosecute its maintenance obligation under this section, AGENCY may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. AGENCY shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the TUMF Improvements or their condition prior to acceptance. In no event shall WRCOG be responsible for the maintenance, operation or care of the TUMF Improvements

4.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of the construction of the TUMF Improvements, including, but not limited to, all plan check, design review, engineering, inspection, sewer treatment connection fees, and other service or impact fees established by AGENCY.

5.0 AGENCY Inspection of TUMF Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the TUMF Improvements, maintain reasonable and safe facilities and provide safe access for inspection by AGENCY of the TUMF Improvements and areas where construction of the TUMF Improvements is occurring or will occur.

6.0 Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the TUMF Improvements, Developer shall provide to AGENCY such evidence or proof as AGENCY shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the construction of the TUMF Improvements, have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to AGENCY a title insurance policy or other security acceptable to AGENCY guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.
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7.0 Acceptance of TUMF Improvements; As-Built or Record Drawings. If the TUMF Improvements are properly completed by Developer and approved by AGENCY, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, AGENCY shall be authorized to accept the TUMF Improvements.

AGENCY may, in its sole and absolute discretion, accept fully completed portions of the TUMF Improvements prior to such time as all of the TUMF Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the TUMF Improvements.

Upon the total or partial acceptance of the TUMF Improvements by AGENCY, Developer shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted TUMF Improvements in accordance with California Civil Code sections 8182, 8184, 9204, and 9208 (“Notice of Completion”), at which time the accepted TUMF Improvements shall become the sole and exclusive property of AGENCY without any payment therefore. Notwithstanding the foregoing, AGENCY may not accept any TUMF Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the AGENCY for all such TUMF Improvements. The drawings shall be certified and shall reflect the condition of the TUMF Improvements as constructed, with all changes incorporated therein.

8.0 Warranty and Guarantee. Developer hereby warrants and guarantees all the TUMF Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the TUMF Improvements, for a period of one (1) year following completion of the work and acceptance by AGENCY (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the TUMF Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of AGENCY, and to the approval of AGENCY. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any TUMF Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following AGENCY’s acceptance of the repaired, replaced, or reconstructed TUMF Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any TUMF Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

9.0 Administrative Costs. If Developer fails to construct and install all or any part of the TUMF Improvements, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to AGENCY for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

10.0 Default; Notice; Remedies.

10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if AGENCY determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, AGENCY may at any time thereafter declare Developer to be in default or violation of this 494
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Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice”). Developer shall substantially commence the work required to remedy the default or violation within five (5) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, AGENCY may provide the Notice verbally, and Developer shall substantially commence the required work within twentyfour (24) hours thereof. Immediately upon AGENCY’s issuance of the Notice, Developer and its surety shall be liable to AGENCY for all costs of construction and installation of the TUMF Improvements and all other administrative costs or expenses as provided for in this Section 10.0 of this Agreement.

10.2 Failure to Remedy; AGENCY Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to AGENCY within the time frame contained in the Notice, AGENCY may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. AGENCY’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any of the TUMF Improvements at the time of AGENCY’s demand for performance. In the event AGENCY elects to complete or arrange for completion of the remaining work and the TUMF Improvements, AGENCY may require all work by Developer or its surety to cease in order to allow adequate coordination by AGENCY.

10.3 Other Remedies. No action by AGENCY pursuant to this Section 10.0 et seq. of this Agreement shall prohibit AGENCY from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law.

AGENCY may exercise its rights and remedies independently or cumulatively, and AGENCY may pursue inconsistent remedies. AGENCY may institute an action for damages, injunctive relief, or specific performance.

11.0 Security; Surety Bonds. Prior to the commencement of any work on the TUMF Improvements, Developer or its contractor shall provide AGENCY with surety bonds in the amounts and under the terms set forth below (“Security”). The amount of the Security shall be based on the estimated actual costs to construct the TUMF Improvements, as determined by AGENCY after Developer has awarded a contract for construction of the TUMF Improvements to the lowest responsive and responsible bidder in accordance with this Agreement (“Estimated Costs”). If AGENCY determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by AGENCY. Developer’s compliance with this Section 11.0 et seq. of this Agreement shall in no way limit or modify Developer’s indemnification obligation provided in Section 12.0 of this Agreement.

11.1 Performance Bond. To guarantee the faithful performance of the TUMF Improvements and all the provisions of this Agreement, to protect AGENCY if Developer is in default as set forth in Section 10.0 et seq. of this Agreement, and to secure the one-year guarantee and warranty of the TUMF Improvements, Developer or its contractor shall provide AGENCY a faithful performance bond in an amount which sum shall be not less than one hundred percent 495
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(100%) of the Estimated Costs. The AGENCY may, in its sole and absolute discretion, partially release a portion or portions of the security provided under this section as the TUMF Improvements are accepted by AGENCY, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than one hundred percent (100%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement.

11.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the TUMF Improvements and this Agreement, Developer or its contractor shall provide AGENCY a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of AGENCY after six (6) months from the date AGENCY accepts the TUMF Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic’s lien claims of which AGENCY is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of AGENCY’s anticipated administrative and legal expenses arising out of such claims.

11.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least “A” and FSC-VIII, shall be licensed to do business in California, and shall be satisfactory to AGENCY. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer, its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by AGENCY in enforcing the obligations of this Agreement. Developer, its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the TUMF Improvements, or the plans and specifications for the TUMF Improvements shall in any way affect its obligation on the Security.

11.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit “B”, unless other forms are deemed acceptable by the AGENCY, and when such forms are completed to the satisfaction of AGENCY, the forms and evidence of the Security shall be attached hereto as Exhibit “B” and incorporated herein by this reference.

12.0 Indemnification. Developer shall defend, indemnify, and hold harmless AGENCY, the Western Riverside Council of Governments (WRCOG), their elected officials, board members, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its employees, contractors, or agents in connection with the performance of this Agreement, or arising out of or in any way related to or caused by the TUMF Improvements or their condition prior to AGENCY’s approval and acceptance of the TUMF Improvements or that challenge, attack, or seek to modify, set aside, void, or annul this Agreement, whether such actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent 496
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jurisdiction. (“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorney fees, and related costs or expenses, and the reimbursement of AGENCY, WRCOG, their elected officials, board members, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused solely and exclusively by the negligence or willful misconduct of AGENCY as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by AGENCY, WRCOG, their elected officials, board members, employees, or agents.

13.0 Insurance.

13.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

13.1.1 General Liability. Occurrence form general liability insurance at least as broad as Insurance Services Office Form CG 00 01, or equivalent form, with an occurrence limit of Two Million Dollars ($2,000,000) and aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury, and property damage.

13.1.2 Business Automobile Liability. Business automobile liability insurance at least as broad as Insurance Services Office Form CA 00 01 (coverage symbol 1 – any auto), or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

13.1.3 Workers’ Compensation. Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.

13.1.4 Professional Liability. For any consultant or other professional who will engineer or design the TUMF Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the TUMF Improvements. Such insurance shall be endorsed to include contractual liability.

13.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by AGENCY. At the option of AGENCY, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects AGENCY, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to AGENCY guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
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13.3 Additional Insured; Separation of Insureds. The Required Insurance, except for the professional liability and workers’ compensation insurance, shall name AGENCY, WRCOG, their elected officials, board members, officers, employees, and agents as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to AGENCY, WRCOG, their elected officials, board members, officers, employees, or agents.

13.4 Subcontractors. Developer shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Developer shall ensure that AGENCY and WRCOG are an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

13.5 Primary Insurance; Waiver of Subrogation. The Required Insurance, except for the professional liability and workers’ compensation insurance shall be primary with respect to any insurance or self-insurance programs covering AGENCY, WRCOG, their elected officials, board members, officers, employees, or agents. The Required Insurance, except for the professional liability insurance, shall provide that the insurance company waives all right of recovery by way of subrogation against AGENCY and WRCOG in connection with any damage or harm covered by such policy. Developer agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the AGENCY has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the AGENCY for all work performed by the Developer, its employees, agents and subcontractors.

13.6 Certificates; Verification. Developer and its contractors shall furnish AGENCY with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by AGENCY before work pursuant to this Agreement can begin.

AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time.

13.7 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days’ prior written notice to AGENCY. If such notice of cancellation endorsements are unavailable, Developer shall provide such thirty (30) days’ written notice of cancellation. 498
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13.8 Insurer Rating. Unless approved in writing by AGENCY, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least “A” and FSC-VIII.

13.9 If the Developer maintains broader coverage and/or higher limits than the minimums shown above for all policies, the AGENCY requires and shall be entitled to the broader coverage and/or higher limits maintained by the Developer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY.

14.0 TUMF Credit.

14.1 Developer’s TUMF Obligation. Developer hereby agrees and accepts that as of the date of this Agreement, the amount Developer is obligated to pay to AGENCY pursuant to Wildomar Municipal Code Section 3.40 as part of the TUMF Program is One Million Seventy Two Thousand Five Hundred Forty Dollars and Zero Cents ($1,072,540.00) (“TUMF Obligation”). This TUMF Obligation shall be initially determined under the TUMF fee schedule in effect for the AGENCY at the time the Developer submits a building permit application for the TUMF Improvement. Notwithstanding, this TUMF Obligation does not have to be paid until the Certificate of Occupancy is obtained.

14.2 Fee Adjustments. Notwithstanding the foregoing, Developer agrees that this Agreement shall not estop AGENCY from adjusting the TUMF in accordance with the provisions of Wildomar Municipal Code Section 3.40.

14.3 Credit Offset Against TUMF Obligation. Pursuant to Wildomar Municipal Code Section 3.40 and in consideration for Developer's obligation under this Agreement for the delivery of TUMF Improvements, credit shall be applied by AGENCY to offset the TUMF Obligation (“Credit”) subject to adjustment and reconciliation under Section 14.5 of this agreement.

Developer hereby agrees that the amount of the Credit shall be applied after Developer has initiated the process of project delivery of TUMF Improvements to the lowest responsible bidder in accordance with this Agreement. Developer further agrees that the dollar amount of the Credit shall be equal to the lesser of: (A) the bid amount set forth in the contract awarded to the lowest responsible bidder, or (B) the unit cost assumptions for the TUMF Improvement in effect at the time of the contract award, as such assumptions are identified and determined in the most recent TUMF Nexus Study and the TUMF Administrative Plan adopted by WRCOG (“Unit Cost Assumptions”).

The bid amount and the Unit Cost Assumptions shall hereafter be collectively referred to as “Estimated Credit”. At no time will the Credit exceed the Developer’s TUMF Obligation. If the dollar amount of the Estimated Credit exceeds the dollar amount of the TUMF Obligation, Developer will be deemed to have completely satisfied its TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.6 of this Agreement. If the dollar amount of the Estimated Credit is less than the dollar amount of the TUMF Obligation, the Developer agrees the Credit shall be applied to offset the TUMF Obligation as follows:
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(i) For residential units in the Project, the Credit shall be applied to all residential units to offset and/or satisfy the TUMF Obligation. The residential units for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of offset applicable to each unit, shall be identified in the notice provided to the Developer by AGENCY pursuant to this section.
(ii) For commercial and industrial structures in the Project, the Credit shall be applied to all commercial and industrial development to offset and/or satisfy the TUMF Obligation. The commercial or industrial structure(s) for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of offset applicable to such structure(s), shall be identified in the notice provided to the Developer by AGENCY pursuant to this section.

AGENCY shall provide Developer written notice of the determinations that AGENCY makes pursuant to this section, including how the Credit is applied to offset the TUMF Obligation as described above.

14.4 Verified Cost of the TUMF Improvements. Upon recordation of the Notice of Completion for the TUMF Improvements and acceptance of the TUMF Improvements by AGENCY, Developer shall submit to the AGENCY Public Works Director the information set forth in the attached Exhibit “C”. The AGENCY Public Works Director, or his or her designee, shall use the information provided by Developer to calculate the total actual costs incurred by Developer in delivering the TUMF Improvements covered under this Agreement (“Verified Costs”). The AGENCY Public Works Director will use his or her best efforts to determine the amount of the Verified Costs and provide Developer written notice thereof within thirty (30) calendar days of receipt of all the required information from Developer. The Agency may request that WRCOG calculate the amount of the Verified Cost. In this case, the AGENCY shall provide WRCOG written notice and all necessary documentation and allow WRCOG fifteen (15) days to determine costs. Agency will notify the Developer within the previous thirty (30) day deadline

14.5 Reconciliation; Final Credit Offset Against TUMF Obligation. The Developer is aware of and accepts the fact that Credits are speculative and conceptual in nature. The actual amount of Credit that shall be applied by AGENCY to offset the TUMF Obligation shall be equal to the lesser of: (A) the Verified Costs or (B) Unit Cost Assumptions for the TUMF Improvements as determined in accordance with Section 14.3 of this Agreement (“Actual Credit”). No Actual Credit will be awarded until the Verified Costs are determined through the reconciliation process.

Please be advised that while a Developer may use an engineer’s estimates in order to estimate Credits for project planning purposes, the Actual Credit awarded will only be determined by the reconciliation process.
(a) TUMF Balance. If the dollar amount of the Actual Credit is less than the dollar amount of the TUMF Obligation, the AGENCY Public Works Director shall provide written notice to Developer of the amount of the difference owed (“TUMF Balance”) and Developer shall pay the TUMF Balance in accordance with Wildomar Municipal Code Section

3.40 to fully satisfy the TUMF Obligation (see Exhibit “F” - Example “A”). 500
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(b) TUMF Reimbursement. If the dollar amount of the Actual Credit exceeds the TUMF Obligation, Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.6 of this Agreement. AGENCY shall provide Developer written notice of the determinations that AGENCY makes pursuant to this section (see Exhibit “F” - Example “B”).
(c) TUMF Overpayment. If the dollar amount of the Actual Credit exceeds the Estimated Credit, but is less than the TUMF Obligation, but the Actual Credit plus additional monies collected by AGENCY from Developer for the TUMF Obligation exceed the TUMF Obligation (“TUMF Overpayment”), Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may be entitled to a refund. The AGENCY’s Public Works Director shall provide written notice to WRCOG and the Developer of the amount of the TUMF Overpayment and AGENCY shall direct WRCOG to refund the Developer in accordance with Wildomar Municipal Code Section 3.40 (see Exhibit “F” - Example C)

14.6 Reimbursement Agreement. If authorized under either Section 14.3 or Section 14.5 Developer may apply to AGENCY and WRCOG for a reimbursement agreement for the amount by which the Actual Credit exceeds the TUMF Obligation, as determined pursuant to Section 14.3 of this Agreement, Wildomar Municipal Code Section 3.40, and the TUMF Administrative Plan adopted by WRCOG (“Reimbursement Agreement”). If AGENCY and WRCOG agree to a Reimbursement Agreement with Developer, the Reimbursement Agreement shall be executed on the form set forth in Exhibit “D,” and shall contain the terms and conditions set forth therein. The Parties agree that the Reimbursement Agreement shall be subject to all terms and conditions of this Agreement, and that upon execution, an executed copy of the Reimbursement Agreement shall be attached hereto and shall be incorporated herein as a material part of this Agreement as though fully set forth herein.

15.0 Miscellaneous.

15.1 Assignment. Developer may, as set forth herein, assign all or a portion of its rights pursuant to this Agreement to a purchaser of a portion or portions of the Property ("Assignment").

Developer and such purchaser and assignee ("Assignee") shall provide to AGENCY such reasonable proof as it may require that Assignee is the purchaser of such portions of the Property.

Any assignment pursuant to this Section shall not be effective unless and until Developer and Assignee have executed an assignment agreement with AGENCY in a form reasonably acceptable to AGENCY, whereby Developer and Assignee agree, except as may be otherwise specifically provided therein, to the following: (1) that Assignee shall receive all or a portion of Developer's rights pursuant to this Agreement, including such credit as is determined to be applicable to the portion of the Property purchased by Assignee pursuant to Section 14.0 et seq. of this Agreement, and (2) that Assignee shall be bound by all applicable provisions of this Agreement.

15.2 Relationship Between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between or among AGENCY. WRCOG and Developer. Developer’s contractors 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 AGENCY. This Agreement shall be 501
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interpreted and administered in a manner consistent with the TUMF Administrative Plan in effect at the time this Agreement is executed.

15.3 Warranty as to Property Ownership; Authority to Enter Agreement. Developer hereby warrants that it owns fee title to the Property and that it has the legal capacity to enter into this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

15.4 Prohibited Interests. Developer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Developer, to solicit or secure this Agreement. Developer also warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Developer, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon the making of this Agreement. For breach of this warranty, AGENCY shall have the right to rescind this Agreement without liability.

15.5 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

To AGENCY:

City of Wildomar
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
Attention: City Manager
Telephone: (951) 677-7751
To WRCOG:

Western Riverside Council of Governments
3390 University Avenue, Suite 200
Riverside, CA 92501
Attention: Executive Director
Telephone: (951) 405-6700
Fax No. (951) 223-9720
To Developer:

Camelia Project Owner, LLC
Attn: Adam Smith
2618 San Miguel Drive, Suite 1223
Newport Beach, CA 92660
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Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.

15.6 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.

15.7 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, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to AGENCY include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles 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.

15.8 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

15.9 Termination. This Agreement shall terminate 10 years after the Effective Date, unless extended in writing by the Parties. In addition, this Agreement shall terminate 5 years after the Effective Date in the event that the TUMF Improvements as specified in the Credit Agreement is not commenced within 5 years of the Effective Date.

15.9.1 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

15.9.2 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. This section shall not be construed as an authorization for any Party to assign any right or obligation.

15.9.3 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

15.9.4 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.

15.9.5 Consent to 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 pursuant to this Agreement, shall be filed and prosecuted in the 503
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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 the 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.

15.9.6 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.

15.9.7 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

15.9.8 Entire Agreement. This Agreement contains the entire agreement between AGENCY and Developer and supersedes any prior oral or written statements or agreements between AGENCY and Developer.
[SIGNATURES OF PARTIES ON NEXT PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

DEVELOPER:

Camelia Project Owner, LLC
By: ______________________________________
Its: _______________________________________
By: ______________________________________
Its: _______________________________________

WESTERN RIVERSIDE COUNCIL OF
GOVERNMENT:

By: ______________________________________
Its: Executive Director-_______________________
ATTEST:

By: ________________________________
Its: ________________________________
AGENCY:

City of Wildomar
By:_______________________________________
Its: City Manager
ATTEST:

By: ________________________________
Its: City Clerk
505
EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
506
507
EXHIBIT “B”

FORMS FOR SECURITY
[ATTACHED BEHIND THIS PAGE]
508
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

PERFORMANCE BOND
WHEREAS, the City of Wildomar (“AGENCY”) has executed an agreement with ________________________________________________ (hereinafter “Developer”), requiring Developer to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system improvements (hereinafter the “Work”);
WHEREAS, the Work to be performed by Developer is more particularly set forth in that certain TUMF Improvement and Credit/Reimbursement Agreement dated ___________________________, (hereinafter the “Agreement”); and WHEREAS, the Agreement is hereby referred to and incorporated herein by this reference; and
WHEREAS, Developer or its contractor is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work constructed thereunder.

NOW, THEREFORE, we the undersigned, ______________________________, as Principal and __________________________________, a corporation organized and existing under the laws of the State of _________________________ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the AGENCY in the sum of _________________________________________________ ($______________), said sum being not less than one hundred percent (100%) of the total cost of the Work as set forth in the Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Developer and its contractors, or their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless AGENCY, its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by AGENCY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Agreement or to the Work to be performed 509
thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work.

IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 20__.
________________________________
Principal
By: ___________________________
President
________________________________
Surety
By: ___________________________
Attorney-in-Fact
510
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189

STATE OF CALIFORNIA )

COUNTY OF )
On , before me,
, Date Here Insert Name and Title of the Officer
personally appeared , Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signa
ture of Notary Public
Place Notary Seal Above
____________________________________OPTIONAL____________________________________ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title of Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Corporate Officer –
Title(s):
Partner - LimitedGeneral
 Individual Attorney in Fact
 Trustee Guardian or Conservator
Signer’s Name:
Corporate Officer –
Title(s):
Partner - LimitedGeneral
 Individual Attorney in Fact
 Trustee Guardian or Conservator
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
511

CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _____________________________, certify that I am the ________________ Secretary of the corporation named as principal in the attached bond, that _____________________________________ who signed the said bond on behalf of the principal was then ____________________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) _________________________________
Signature
_____________________
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto.

Other:

Signer is
Representing:

Other:

Signer is
Representing:
512
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

LABOR & MATERIAL BOND
WHEREAS, the City of Wildomar (“AGENCY”) has executed an agreement with _____________________________________ (hereinafter “Developer”), requiring Developer to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system improvements (hereinafter “Work”);
WHEREAS, the Work to be performed by Developer is more particularly set forth in that certain Improvement and Credit / Reimbursement Agreement dated ___________________________, (hereinafter the “Agreement”); and WHEREAS, Developer or its contractor is required to furnish a bond in connection with the Agreement providing that if Developer or any of his or its contractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.

NOW, THEREFORE, we the undersigned, ______________________________, as Principal and ____________________________________, a corporation organized and existing under the laws of the State of _________________________ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the AGENCY and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, the sum of ____________________________________________________________ ($_______________), said sum being not less than 100% of the total amount payable by Developer under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if Developer or its contractors, or their heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the 513
Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.

In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys’ fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 8024, 8400, 8402, 8404, 8430, 9100 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the Agreement or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work.

IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 20__.
________________________________
Principal
By: ___________________________
President
________________________________
Surety
By: ___________________________
Attorney-in-Fact
514
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189

STATE OF CALIFORNIA )

COUNTY OF )
On , before me,
, Date Here Insert Name and Title of the Officer
personally appeared , Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signa
ture of Notary Public
Place Notary Seal Above
____________________________________OPTIONAL____________________________________ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title of Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Corporate Officer –
Title(s):
Partner - LimitedGeneral
 Individual Attorney in Fact
 Trustee Guardian or Conservator
Signer’s Name:
Corporate Officer –
Title(s):
Partner - LimitedGeneral
 Individual Attorney in Fact
 Trustee Guardian or Conservator
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
515

CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _____________________________, certify that I am the ________________ Secretary of the corporation named as principal in the attached bond, that _____________________________________ who signed the said bond on behalf of the principal was then ____________________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) _________________________________
Signature
_____________________
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto.

Other:

Signer is
Representing:

Other:

Signer is
Representing:
516
EXHIBIT C-1
EXHIBIT “C”

DOCUMENTATION TO BE PROVIDED TO AGENCY BY DEVELOPER FOR

DETERMINATION OF VERIFIED COSTS
To assist AGENCY in determining the Verified Costs for a completed TUMF Improvement, Developer shall provide the following documents to AGENCY:

1. Plans, specifications and Developer’s civil engineer’s cost estimate;

2. If Developer is seeking Credit for such costs, documentation evidencing cost of any required environmental studies, preparation of designs, plans and specifications, required right of way acquisition, and other costs directly related to the development of the TUMF Improvement. Only actual, documented and reasonable costs directly related to the TUMF Improvement will be considered. Costs should be documented as specified below.

3. Costs claimed for right of way acquisition must be accompanied by an appraisal (no more than two years old at the time of acquisition) completed by an MAI appraiser, and documentation of transfer of such right of way to the AGENCY, or applicable public agency.

The appraisal must be approved by the AGENCY as valid and acceptable.

4. List of bidders from whom bids were requested;

5. Construction schedules and progress reports;

6. Contracts, insurance certificates and change orders with each contractor, consultant, service provider or vendor;

7. Invoices received from all contractors, consultants, service providers and vendors;

8. Canceled checks for payments made to contractors, consultants, service providers and vendors (copy both front and back of canceled checks);

9. Spreadsheet showing total costs incurred in and related to the construction of each TUMF Improvement and the check number for each item of cost and invoice;

10. Final lien releases from each contractor and vendor; and

11. Such further documentation as may be reasonably required by AGENCY to evidence the completion of construction and the payment of each item of cost and invoice. 517
EXHIBIT D-1
EXHIBIT “D”

REIMBURSEMENT AGREEMENT

TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this ___ day of ___________________, 20___, by and between the City of Wildomar, a California municipal corporation (“AGENCY”), the Western Riverside Council of Governments (“WRCOG”), a Joint Powers Agency and ________________________________, a California [**INSERT TYPE OF ENTITY - corporation, partnership, sole proprietorship or other legal entity**], with its principal place of business at [**ENTER ADDRESS**] (“Developer”). AGENCY and Developer are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.

RECITALS
WHEREAS, AGENCY, WRCOG and Developer are parties to an agreement dated ________________, 20___, entitled “Improvement and Credit Agreement - Transportation Uniform Mitigation Fee Program” (hereinafter “Credit Agreement”); WHEREAS, Sections 14.1 through 14.3 of the Credit Agreement provide that Developer is obligated to pay AGENCY the TUMF Obligation, as defined therein, but shall receive credit to offset the TUMF Obligation if Developer constructs and AGENCY accepts the TUMF Improvements in accordance with the Credit Agreement;
WHEREAS, Section 14.5 of the Credit Agreement provides that if the dollar amount of the credit to which Developer is entitled under the Credit Agreement exceeds the dollar amount of the TUMF Obligation, Developer may apply to AGENCY and WRCOG for a reimbursement agreement for the amount by which the credit exceeds the TUMF Obligation; WHEREAS, Section 14.5 additionally provides that a reimbursement agreement executed pursuant to the Credit Agreement (i) shall be executed on the form attached to the Credit Agreement, (ii) shall contain the terms and conditions set forth therein, (iii) shall be subject to all terms and conditions of the Credit Agreement, and (iv) shall be attached upon execution to the Credit Agreement and incorporated therein as a material part of the Credit Agreement as though fully set forth therein; and
WHEREAS, AGENCY and WRCOG have consented to execute a reimbursement agreement with Developer pursuant to the Credit Agreement, (insert appropriate reference for city or county ), and the TUMF Administrative Plan adopted by WRCOG.

NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows:

TERMS

1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein. 518
EXHIBIT D-2

2.0 Effectiveness. This Agreement shall not be effective unless and until the Credit Agreement is effective and in full force in accordance with its terms.

3.0 Definitions. Terms not otherwise expressly defined in this Agreement, shall have the meaning and intent set forth in the Credit Agreement.

4.0 Amount of Reimbursement. Subject to the terms, conditions, and limitations set forth in this Agreement, the Parties hereby agree that Developer is entitled to receive the dollar amount by which the Actual Credit exceeds the dollar amount of the TUMF Obligation as determined pursuant to the Credit Agreement, (insert appropriate reference for city or county), and the TUMF Administrative Plan adopted by WRCOG (“Reimbursement”).The Reimbursement shall be subject to verification by WRCOG. AGENCY and Developer shall provide any and all documentation reasonably necessary for WRCOG to verify the amount of the Reimbursement. The Reimbursement shall be in an amount not exceeding [INSERT DOLLAR AMOUNT] (“Reimbursement Amount”). WRCOG shall, upon receipt and approval of information requested by WRCOG, be responsible for transmitting the Reimbursement Amount to the Developer. In no event shall the dollar amount of the Reimbursement exceed the difference between the dollar amount of all credit applied to offset the TUMF Obligation pursuant to Section 14.3, 14.4, and

14.5 of the Credit Agreement, and one hundred (100%) of the approved unit awarded, as such assumptions are identified and determined in the Nexus Study and the TUMF Administrative Plan adopted by WRCOG.

5.0 Payment of Reimbursement; Funding Contingency. The payment of the Reimbursement Amount shall be subject to the following conditions:

5.1 Developer shall have no right to receive payment of the Reimbursement unless and until (i) the TUMF Improvements are completed and accepted by AGENCY in accordance with the Credit Agreement, (ii) the TUMF Improvements are scheduled for funding pursuant to the fiveyear Transportation Improvement Program adopted annually by WRCOG, and (iii) WRCOG has funds available and appropriated for payment of the Reimbursement amount.

5.2 Developer shall not be entitled to any interest or other cost adjustment for any delay between the time when the dollar amount of the Reimbursement is determined and the time when payment of the Reimbursement is made to Developer by WRCOG through AGENCY.

6.0 Affirmation of Credit Agreement. AGENCY and Developer represent and warrant to each other that there have been no written or oral modifications or amendments of the Credit Agreement, except by this Agreement. AGENCY and Developer ratify and reaffirm each and every one of their respective rights and obligations arising under the Credit Agreement. AGENCY and Developer represent and warrant that the Credit Agreement is currently an effective, valid, and binding obligation.

7.0 Incorporation Into Credit Agreement. Upon execution of this Agreement, an executed original of this Agreement shall be attached as Exhibit “D” to the Credit Agreement and shall be incorporated therein as a material part of the Credit Agreement as though fully set forth therein.

8.0 Terms of Credit Agreement Controlling. Each Party hereby affirms that all provisions of the Credit Agreement are in full force and effect and shall govern the actions of the Parties under 519
EXHIBIT D-3
this Agreement as though fully set forth herein and made specifically applicable hereto, including without limitation, the following sections of the Credit Agreement: Sections 10.0 through 10.3, Section 12.0, Sections 13.0 through 13.7, Sections 14.0 through 14.6, and Sections 15.0 through

15.17. [SIGNATURES OF PARTIES ON NEXT PAGE]
520
EXHIBIT D-4
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
___________________________________
(“Developer”)
By: ______________________________________
Its: _______________________________________
ATTEST:

By: ________________________________
Its: ________________________________
[INSERT “City” OR “County”) of ___________
By: ______________________________________
Its: _______________________________________
ATTEST:

By: ________________________________
Its: ________________________________
521
EXHIBIT “E”

TUMF CREDIT / REIMBURSEMENT ELIGIBILITY PROCESS

1. Prior to the construction of any TUMF Improvement, Developer shall follow the steps listed below:
(a) Prepare a separate bid package for the TUMF Improvements. (b) The plans, cost estimate, specifications and contract document shall require all contractors to pay prevailing wages and to comply with applicable provisions of the Labor Code, Government Code, and Public Contract Code relating to Public Works Projects. (c) Bids shall be obtained and processed in accordance with the formal public works bidding requirements of the AGENCY.
(d) The contract(s) for the construction of TUMF Improvements shall be awarded to the lowest responsible bidder(s) for the construction of such facilities in accordance with the AGENCY’s requirements and guidelines.
(e) Contractor(s) shall be required to provide proof of insurance coverage throughout the duration of the construction.

2. Prior to the determination and application of any Credit pursuant to a TUMF Improvement and Credit Agreement executed between AGENCY and Developer ("Agreement"), Developer shall provide the AGENCY and WRCOG with the following:
(a) Copies of all information listed under Item 1 above. (b) Surety Bond, Letter of Credit, or other form of security permitted under the Agreement and acceptable to the AGENCY and WRCOG, guaranteeing the construction of all applicable TUMF Improvements.

3. Prior to the AGENCY’s acceptance of any completed TUMF Improvement, and in order to initiate the construction cost verification process, the Developer shall comply with the requirements as set forth in Sections 7, 14.2 and 14.3 of the Agreement, and the following conditions shall also be satisfied:
(a) Developer shall have completed the construction of all TUMF Improvements in accordance with the approved Plans and Specifications. (b) Developer shall have satisfied the AGENCY’s inspection punch list. (c) After final inspection and approval of the completed TUMF Improvements, the AGENCY shall have provided the Developer a final inspection release letter. 522
(d) AGENCY shall have filed a Notice of Completion with respect to the TUMF Improvements pursuant to Section 3093 of the Civil Code with the County Recorder’s Office, and provided a copy of filed Notice of Completion to WRCOG. (e) Developer shall have provided AGENCY a copy of the As-Built plans for the TUMF Improvements.
(f) Developer shall have provided AGENCY copies of all permits or agreements that may have been required by various resource/regulatory agencies for construction, operation and maintenance of any TUMF Improvements. (g) Developer shall have submitted a documentation package to the AGENCY to determine the final cost of the TUMF Improvements, which shall include at a minimum, the following documents related to the TUMF Improvements:
(i) Plans, specifications, and Developer's Civil Engineer’s cost estimates; or Engineer’s Report showing the cost estimates. (ii) If DEVELOPER is seeking Credit for such costs, documentation evidencing cost of any required environmental studies, preparation of designs, plans and specifications, required right of way acquisition, and other costs directly related to the development of the TUMF Improvements. Only actual, documented and reasonable costs directly related to the TUMF Improvements will be considered. Costs should be documented as specified below.
(iii) Costs claimed for right of way acquisition must be accompanied by an appraisal (no more than two years old at the time of acquisition) completed by an MAI appraiser, and documentation of transfer of such right of way to the AGENCY, or applicable public agency. The appraisal must be approved by the AGENCY as valid and acceptable. (iv) Contracts/agreements, insurance certificates and change orders with each vendor or contractor.
(v) Invoices from all contractors, consultants, service providers and vendors.
(vi) Copies of cancelled checks, front and back, for payments made to contractors, consultants, service providers and vendors. (vii) Final lien releases from each contractor and vendor (unconditional waiver and release).
(viii) Certified contract workers payroll for AGENCY verification of compliance with prevailing wages.
(ix) A total cost summary, in spreadsheet format (MS Excel is preferred) and on disk, showing a breakdown of the total costs incurred. The summary should include for each item claimed the check number, cost, invoice numbers, and name of payee. See 523
attached sample for details. [ATTACH SAMPLE, IF APPLICABLE; OTHERWISE DELETE

REFERENCE TO ATTACHED SAMPLE

EXHIBIT F

ESTIMATED PROGRAM CALCULATIONS
List of Eligible Streets/Facilities under the TUMF Network:

Jefferson Avenue. (Palomar to Nutmeg)
TUMF Credit Cost Factors:

Paid TUMF (see next page for details)
Estimated TUMF Obligation (see next page for details)
$ -
$ 1,072,540.00
TUMF Unit Cost Assumptions (see next page for details) $ 809,648.91 Improvement Costs (Est. Amount) (see below for details) $ 1,350,000.00 Improvement Costs Breakdown
Street Improvement Construction Costs (Estimate) $ 900,000 Right of Way Costs $ 250,000
Planning, Engineering, Contingency $ 200,000
Improvement Costs Total $ 1,350,000
Estimated TUMF Credit:

Estimated Credit (Lesser of Obligation, Est. Amount, or Unit CostAssumptions) $ 809,648.91 Estimated Credit to be applied $ 809,648.91
TUMF Overpayment / Refund:

Estimated TUMF Obligation $ 809,648.91
Estimated Credit amount + Paid TUMF amount $ 809,648.91 Estimated Refund (Credit + Paid TUMF amount that exceeds Obligation amount) $ 0.00 TUMF Reimbursement:

Estimated TUMF Obligation $ 809,648.91
Estimated Cost (Lesser of Est. Amount or Unit CostAssumptions) $ 809,648.91 Estimated TUMF Reimbursement (Cost exceeding Obligation amount) $ 0.00 524
Note: The amounts shown in this Exhibit are subject to cost validation and reconciliation There is a likely scenario that the end user (Kaiser) will pay their TUMF fee obligation. This would negate the opportunity to receive credit and therefore the TUMF reimbursement would increase to the full estimated cost (lesser of the Est. amount or unit cost assumption).

Paid TUMF Fee per Unit # of DU Amount
Multi-Family 6,580.00 0 0.00
Unpaid TUIMF Fee per Unit # of DU Amount
Multi-Family 6,580.00 163 1,072,540.00
Obligation Total 1,072,540.00

TUMF UNIT COST ASSUMPTION CALCULATION
SW TUMF Network Road Segment applicable to Proposed Improvements Cost Item Amount Jefferson
Palomar to Nutmeg
Network Distance: 1.02 New Lane $ 1,522,000
Existing Lanes: 0 ROW/Utilities $ 773,000
Increase in Lanes: 4 Planning (10%) $ 152,000
Engring (25%) $ 381,000
Conting (10%) $ 230,000
Network Road Segment Cost Est $ 3,058,000
Network Unit Cost per Lane mile $ 749,510
Network Unit Cost per Lane foot $ 141.95
Road Improvement Cost Estimate (based on Network Unit Cost per Lane foot) Lane Construction Limits (Sta. to Sta.) Linear Feet Amount 1 Sta. 204+49.17 (BCR at Starbuck Circle) to Sta 221+89.12 1,739.95 $ 246,990.45 2 Sta. 204+49.17 (BCR at Starbuck Circle) to Sta 221+89.12 1,739.95 $ 246,990.45 3 Sta. 204+49.17 (BCR at Starbuck Circle) to Sta 221+89.12 1,739.95 $ 246,990.45 4 Sta. 204+49.17 (BCR at Starbuck Circle) to Sta 221+89.12 - ROW ONLY 1,739.95 $ 68,677.56 TUMF Subtotal 6,959.80 $ 809,648.91
TOTAL TUMF UNIT COST ASSUMPTION FOR ELIGIBLE IMPROVEMENTS $ 809,648.91 525

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.15
Meeting Date: May 10, 2023
SUBJECT: Purchase and Sales Agreement of City Parcel APN 380-240- 063 (Prior Arya Right of Way Between Clinton Keith Road and Catt Road) and Declaring Property Exempt from Surplus Land Act
SUBMITTED BY: Daniel A York
PREPARED BY: Daniel A York
ACTION:

The City Council adoption of Resolution to:

1. Determine that the approval of the proposed Agreement for Purchase and Sale of Real Property is exempt from CEQA:

2. Declare the property exempt surplus land;

3. Approve and authorize the City Manager to execute the Agreement for Purchase and Sales Real Property, Quitclaim Deeds, and all other documents necessary to complete the transaction.

SUMMARY:

The record appears to show that the City remains the fee owner of a portion of Arya Drive, which was previously vacated by the County prior to City incorporation. Developer has requested that the City execute Quitclaim Deeds of City rights. The developer is compensating the City for its rights to the real property owned by the City through an Agreement for Purchase and Sale of Real Property ("Agreement").

BACKGROUND:

Prior to City incorporation, portions of Catt Road and Arya Road were abandoned or relocated by the County. A record indicates the County vacated Arya Road in 1995 but retained fee ownership in the real property. After City incorporation, the County provided construction oversight to complete the Clinton Keith Interchange project. Several documents were prepared at that time transferring rights of way and property to the State of California and to adjacent property owners to represent the final road and freeway right of way. A document identified a portion of Arya Road as being owned in fee by the City (transferred to the City at 526
incorporation). In light of the records, the title company for the developer and adjacent property owner requests a quitclaim from the City to ensure there are no city rights associated with their property.

DISCUSSION:

Because the City likely still has rights to a portion of previously vacated Arya Road the developer of the adjacent property offered $25,000 to the City to purchase the real property.

An appraised valuation was conducted indicating that the $25,000 is a fair and reasonable price.

Prior to transferring City property, the City is also required to address the Surplus Land Act.

While the Surplus Land Act generally applies when a municipality seeks to sell surplus land, in this instance there is an exception. Under Government Code Section 54211 “[s]urplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property” is considered exempt surplus land and not subject to the provisions of the act, provided the City declares the property exempt surplus land and supports that declaration with written findings. The Resolution attached to this staff report for the City Council’s consideration includes the required declaration and written findings in accordance with the Surplus Land Act.

FISCAL IMPACT:

The City will receive $25,000 which will be reserved for use on public right-of-way improvements.

ATTACHMENTS:

Exhibit A Surplus Parcel Arya Drive.pdf
Wildomar Resolution Approving Sale of Property and Declaring Property Exempt from SLA 4880-3682-3136 v.2.docx
Purchase and Sale Agreement - City of Wildomar and CCG Catt-c-c 4856-9889-0335 v.3.docx Catt - Quitclaim Deed to Cho (Parcel B) (84371435v2)-c.docx Catt - Quitclaim Deed to CHOA Murrieta (Parcel A) (84370977v2)-c.docx 527
No. 9029

PROFESS IONAL LAND SURVEYOR

STATE OF CA L I FORN IA
THOMAS M. CASELDIN
E
APN 380-240-052
APN 380-240-001
APN 380-240-064
APN 376-501-030
APN 380-240-006
APN 376-410-025 APN 376-410-023 APN 376-501-007 APN 376-501-008 APN 376-501-009 APN 376-501-010 AMENDED PARCEL MAP 22776
P.M.B. 158/37-41
LLA 4298
INST NO. 95719
REC 3/09/2001
PARCEL 1
APN 380-240-060
LLA 4298
INST NO. 95719
REC 3/09/2001
PARCEL 2
TRACT MAP 30155
M.B. 423 / 27-41
LOT 226 LOT 197 LOT 198 LOT 199 LOT 200
LOT 201
LOT 196
PARCEL 1
PARCEL 2
PARCEL 3
POR. ARAYA DRIVE
(VACATED) RES. NO. 95-040
INST. NO. 137832. O.R.REC. 05/02/1995
APN 380-240-063
PCL 0264-005D
PCL 0264-005E
PCL 0264-005C
PCL 21667-1
PCL 0264-004A APN 380-240-062
8,110.56 sf
528
4880-3682-3136 v2
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WILDOMAR, CALIFORNIA APPROVING THE

AGREEMENT FOR PURCHASE AND SALE OF REAL

PROPERTY BETWEEN THE CITY OF WILDOMAR, CCG

CATT, LLC, AND CHOA MURRIETA, LLC, AND

DECLARING PROPERTY EXEMPT SURPLUS LAND
WHEREAS, real property records indicate that the City of Wildomar (“Wildomar”) has fee ownership over a portion Arya Drive between Clinton Keith Road and Catt Road (APN 380-240- 063) (“Property”), which was vacated by the County prior to City incorporation; and WHEREAS, the owners of the real property adjacent to Arya Drive and the Property are seeking to develop their property and wish to purchase the Property from the City; and WHEREAS, the City has obtained and reviewed an appraisal for the Property and determined that $25,000 is a fair and reasonable price for the Property; WHEREAS, pursuant to Government Code Section 54211 “[s]urplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property” is considered exempt surplus land and not subject to the provisions of the Surplus Land Act, provided the City declares the property exempt surplus land and supports that declaration with written findings; and WHEREAS, the Property is a former right of way owned by the City, and is being conveyed to the owner of the adjacent property; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wildomar does hereby resolve, declare, determine, and order as follows:

SECTION 1. The above recitals are correct and are material to this Resolution and are incorporated into this Resolution as findings of the City Council.

SECTION 2. CEQA Finding. Section 15061 (b) (3) of the CEQA Guidelines exempts activities that are covered under the general rule that CEQA applies only to projects that have the potential to cause significant effects on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect upon the environment, the activity is not subject to CEQA. The proposed Agreement for Purchase and Sale of Real Property only transfers the ownership of the Property from the City to CCG Catt, LLC. This activity is exempt from CEQA because there is no possibility for the conveyance to have an effect on the environment.
529
4880-3682-3136 v2
SECTION 3. Pursuant to Government Code Section 54211, the City Council declares the Property to be “exempt surplus land” under the Surplus Land Act because it is a former street, right of way, or easement, and is being conveyed to an owner of an adjacent property.

SECTION 4. The City Council hereby approves the Agreement for Purchase and Sale of Real Property between the City, CCG Catt, LLC, and Choa Murrieta, LLC, subject to minor modifications, if any, approved by City Manager and City Attorney.

SECTION 5. City Manager, or his or her designee, is hereby authorized to execute the Agreement for Purchase and Sale of Real Property and Quitclaim Deeds, and sign all other documents and take all other actions necessary to complete the transaction contemplated by the Agreement for Purchase and Sale of Real Property.

SECTION 6. Severability: If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competed jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase not declare invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.

SECTION 7. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.

SECTION 8. The City Clerk is directed to immediately provide a copy of this Resolution to the California Department of Housing and Community Development.

DULY AND REGULARLY ADOPTED this ______ day of ______, 2023.

CITY OF WILDOMAR
____________________________________
Joseph Morabito, Mayor
ATTEST:
______________________________
Janet Morales, City Clerk
APPROVED AS TO FORM:
530
4880-3682-3136 v2
______________________________
Thomas D. Jex, City Attorney
531
OAK #4848-8148-7631 v1
4856-9889-0335 v3
89350683.3

AGREEMENT FOR PURCHASE AND SALE OF REAL

PROPERTY (INCLUDING ESCROW INSTRUCTIONS)
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (the "Agreement") is entered into as of , 2023, (the date of last execution of this Agreement by the parties as indicated on the signature page) by and between the City of Wildomar, a municipal corporation (the "Seller"), and CCG Catt, LLC, a California limited liability company (the "Purchaser"), in favor of CHOA MURRIETA, LLC, a California limited liability company (the “Nominee Purchaser”).

IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

1. Agreement to Sell and Purchase. Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, that certain real property, together with any buildings, fixtures and appurtenant improvements thereon (collectively, the "Property"), situated in the City of Wildomar, County of Riverside, State of California, which is legally described in the Legal Description attached hereto as Exhibit "A" and incorporated herein.

2. Purchase Price. The total purchase price for the Property shall be Twenty-Five Thousand Dollars ($25,000.00) (the "Purchase Price"). Purchaser shall pay the Purchase Price by depositing into Escrow, on or before the date for Close of Escrow, immediately available funds in the amount of the Purchase Price.

3. Conveyance of Title. Seller agrees to convey by Quitclaim Deed to Nominee Purchaser (the “Deed”), which such Deed shall include the Property and adjacent property that is also being quitclaimed to Nominee Purchaser but is not being acquired pursuant to this Agreement.

4. Escrow. Purchaser and Seller have opened or shall open an escrow (the "Escrow") in accordance with this Agreement at First American Title Insurance Company, 901 Via Piemonte, Suite 150, Ontario, CA 91764. This Agreement, together with any escrow instructions prepared by Escrow Agent and executed by Purchaser and Seller, constitutes the joint escrow instructions of Purchaser and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this Escrow in the shortest possible time.

4.1 Quitclaim Deed. Prior to the Close of Escrow, Seller shall execute, acknowledge and deliver into Escrow the Deed in a form approved by Seller, Purchaser, and Escrow Agent.

4.2 Other. Purchaser and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction.

4.3 Surplus Land Act. Upon the approval of this Agreement by the City Council of the Seller, Seller shall provide written notice to the California Department of Housing and Community Development (“HCD”) regarding the Seller’s declaration that the Property is “exempt surplus land” under the California Surplus Land Act. The Escrow Agent shall not proceed with 532
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the Close of Escrow until thirty (30) days after Seller has provided said notice, or HCD provides written notice to Seller that HCD has accepted Seller’s “exempt surplus land” declaration for the Property, whichever is sooner.

5. Pro Rations; Tax Adjustment Procedure. Escrow Agent is authorized and is instructed to comply with the following pro ration and tax adjustment procedure:

5.1 Delinquent Taxes. Escrow Agent shall pay, and charge Seller for, any unpaid delinquent property taxes and/or penalties and interest thereon, and for any delinquent assessments or bonds against the Property.

5.2 Current Taxes. Escrow Agent shall pay, and charge Seller for, any portion of current property taxes and assessments associated with the Property and any penalties and interest thereon allocable to the period prior to the Close of Escrow.

6. Escrow Agent Authorization. Escrow Agent is authorized to, and shall:

6.1 Intentionally Deleted.

6.2 Pay and Charge Purchaser. Pay and charge Purchaser for any Escrow fees, recording fees and other costs and expenses of Escrow payable under Section 6.7, below.

6.3 Disbursement. Disburse funds, record the Deed, and deliver the title policy to Purchaser, if any, when conditions of the Escrow have been fulfilled by Purchaser and Seller.

6.4 Close of Escrow. The term "Close of Escrow," if and where written in these instructions, shall mean the date the Deed is recorded in the office of the Riverside County Recorder.

6.5 Time Limits. All time limits within which any matter specified is to be performed may be extended by mutual agreement of the parties. Any amendment of, or supplement to, any instructions must be in writing.

6.6 Time of the Essence. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE ON OR BEFORE JUNE 15, 2023. If this Escrow is not in condition to close by such date, then any party who has fully complied with this Agreement may, in writing, demand the return of its money or property; provided, however, no demand for return shall be recognized until five (5) days after Escrow Agent shall have mailed copies of demand to all other parties at the respective addresses shown below, and if any objections are raised within such five (5) day period, Escrow Agent is authorized to hold all money, papers and documents until instructed by a court of competent jurisdiction or mutual instructions.

6.7 Escrow Fees, Charges and Costs. Purchaser agrees to pay all Purchaser's and Seller's usual fees, charges, and costs which arise in this Escrow.

6.8 Transfer Taxes. Purchaser shall be responsible for all transfer taxes, if any.

7. Possession and Disposition of Personal Property. Seller shall, prior to the Close of Escrow, remove or otherwise dispose of all personal property located on the Property. All personal property remaining on the Property after the Closing shall become the property of 533
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Nominee Purchaser and Purchaser may dispose of same without liability as it alone sees fit, and Seller shall be liable for the costs of removal which are incurred by the Purchaser or Nominee Purchaser. Neither Purchaser nor Nominee Purchaser shall not be liable for any loss of or damage to the personal property remaining on the Property, regardless of when loss or damage occurs.

8. Warranties, Representations, and Covenants of Seller. Seller hereby warrants, represents, and/or covenants to Purchaser that:

8.1 Pending Claims. To the best of Seller's knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign.

8.2 Encroachments. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements located on the Property encroach on other properties.

8.3 Condition of Property. The Property is in good condition, and until the Close of Escrow, Seller shall maintain the Property in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Property.

8.4 Seller's Title. Until the close of Escrow, Seller shall not do anything which would impair Seller's title to any of the Property.

8.5 Right to Possession. No person or entity other than Seller has the right to possess the Property or any portion of it, as of the date of this Agreement.

9. Full and Complete Settlement for Seller’s Interest. The total compensation to be paid by Purchaser to Seller is in consideration for all of Seller's interest in the Property and any rights or obligations which exist or may arise out of the acquisition of the Property for public purposes, including without limitation, Seller's interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, relocation assistance, any alleged pre-condemnation or inverse condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever of Seller and Seller's Parties (defined below) which might arise out of or relate in any respect to the acquisition of the Property by the Purchaser.

10. Broker's Commission. Seller and Purchaser each warrants and represents that it has not engaged the services of any agent, finder or broker in connection with the transaction which is the subject of this Agreement, and that it is not liable for any real estate commissions, broker's fees or finder's fees which may accrue by means of the sale of the Property.

11. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by facsimile, reputable overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received upon the earlier of: (i) if personally delivered, the date of delivery to the address of the person to receive such notice; (ii) if mailed, three (3) business days after the date of posting by the United States post office; (iii) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; or (iv) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is 534
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before 5:00 P.M. Pacific Time. Notice of change of address shall be given by written notice in the manner described in this Section. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

If to Purchaser: CCG Catt, LLC
38605 Calistoga Dr., Suite 150
Murrieta, CA 92563
Attention: Mark Cooper
Email: [email protected]
If to Purchaser: City of Wildomar
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
Attention: Daniel A. York, City Manager
Email: [email protected]

12. Default. Failure or delay by either party to perform any covenant, condition or provision of this Agreement within the time provided herein constitutes a default under this Agreement. The injured party shall give written notice of default to the party in default, specifying the default complained of. The defaulting party shall immediately commence to cure such default and shall diligently complete such cure within ten (10) days from the date of the notice. The injured party shall have the right to terminate this Agreement by written notice to the other party in the event of a default which is not cured within such ten (10) day period.

13. Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

14. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California without regard to its choice of law principles.

15. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by Purchaser and Seller.

16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.

17. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof.
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18. Cooperation. Each party agrees to cooperate with the other in the Closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below.

SELLER:

CITY OF WILDOMAR, a municipal corporation
Date: By:

Its:

ATTEST:

APPROVED AS TO FORM:

PURCHASER:

CCG CATT, LLC,
a California limited liability company
Date: By:

Its:
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EXHIBIT "A"

LEGAL DESCRIPTION
(Portion of APN 380-240-063)
WEST HALF OF ARYA DRIVE ADJOINING PARCEL 2 OF SAID PARCEL MAP NO. 22776, AS VACATED BY RESOLUTION RECORDED MAY 02, 1995 AS INSTRUMENT NO. 137832 OF

OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA AND WOULD PASS TO THE VESTEES BY PRACTICE OF LAW.
537
1 84371435.2
RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO AND
MAIL TAX STATEMENTS TO:
____________________________________________________________________________ (Above space for Recorder’s use only)

QUITCLAIM DEED
APN Nos. 380-240-064; portion of 380-240-062
THE UNDERSIGNED GRANTORS DECLARE:

DOCUMENTARY TRANSFER TAX is $0.00 CITY TAX $0.00. Property is exempt pursuant to Revenue and Taxation Code Section 11911.
computed on the full value of the interest or property conveyed; OR computed on the full value less liens or encumbrances remaining thereon at the time of sale.

The Property is located in ☒ the City of Wildomar, California or an unincorporated area of the county.

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF WILDOMAR, a municipal corporation, does hereby remise, release and forever quitclaim to KYUNGJA CHO, an unmarried woman, the following described real property in the County of Riverside, State of California:

PARCEL 1 OF PARCEL MAP NO. 22776, AS SHOWN BY MAP ON FILE IN BOOK 157, PAGE(S) 39 THROUGH 43, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA AND AS SHOWN ON THE AMENDED MAP THEREOF RECORDED IN BOOK 158, PAGES 37 THROUGH 41 INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

TOGETHER WITH THE WEST HALF OF ARYA DRIVE ADJOINING PARCEL 1 OF SAID PARCEL MAP NO. 22776, AS VACATED BY RESOLUTION RECORDED MAY 02, 1995 AS INSTRUMENT NO. 137832

OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA THAT WOULD PASS TO THE VESTEES BY PRACTICE OF LAW.

EXCEPTING THEREFROM THAT PORTION THEREOF CONDEMNED TO THE CITY OF WILDOMAR BY FINAL ORDER OF CONDEMNATION RECORDED ON AUGUST 22, 2013 AS INSTRUMENT NO. 2013-0413823 AND RECORDED AUGUST 27, 2013 AS INSTRUMENT NO. 2013-0419813 BOTH OF OFFICIAL RECORDS.
538
2 GRANTOR: CITY OF WILDOMAR,
a municipal corporation
By:

Its:

ATTEST:

APPROVED AS TO FORM:

ACKNOWLEDGMENT
State of California
County of _______________________)
On _______________________, 2023, before me,
(name and title of officer)
personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________ (Seal)
539
1 84370977.2
RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO AND
MAIL TAX STATEMENTS TO:
____________________________________________________________________________ (Above space for Recorder’s use only)

QUITCLAIM DEED
APN Nos. 380-240-052-6; 380-240-001-0; portion of 380-240-063 THE UNDERSIGNED GRANTORS DECLARE:

DOCUMENTARY TRANSFER TAX is $______ CITY TAX $______.
computed on the full value of the interest or property conveyed; OR computed on the full value less liens or encumbrances remaining thereon at the time of sale.

The Property is located in ☒ the City of Wildomar, California or an unincorporated area of the county.

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF WILDOMAR, a municipal corporation, does hereby remise, release and forever quitclaim to CHOA MURRIETA, LLC, a California limited liability company, the following described real property in the County of Riverside, State of California:

PARCELS 2 AND 3 OF PARCEL MAP NO. 22776, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 157, PAGE(S) 39 THROUGH 43,

INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA AND AS SHOWN ON THE AMENDED MAP THEREOF RECORDED IN BOOK 158, PAGES 37 THROUGH 41 INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

TOGETHER WITH THE WEST HALF OF ARYA DRIVE ADJOINING PARCEL 2 OF SAID PARCEL MAP NO. 22776, AS VACATED BY RESOLUTION RECORDED MAY 02, 1995 AS INSTRUMENT NO. 137832 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA AND WOULD PASS TO THE VESTEES BY PRACTICE OF LAW.
540
2 GRANTOR: CITY OF WILDOMAR,
a municipal corporation
By:

Its:

ATTEST:

APPROVED AS TO FORM:

ACKNOWLEDGMENT
State of California
County of _______________________)
On _______________________, 2023, before me,
(name and title of officer)
personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________ (Seal)
541

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.16
Meeting Date: May 10, 2023
SUBJECT: Wildland Fire Protection Agreement for FY 23/24 SUBMITTED BY: Daniel A York
PREPARED BY: Daniel A York
ACTION:

Adopt a Resolution entitled:

Resolution No. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,

CALIFORNIA, APPROVING THE AGREEMENT WITH THE DEPARTMENT OF

FORESTRY AND FIRE PROTECTION (CAL FIRE) FOR WILDLAND FIRE PROTECTION SERVICES FROM JULY 1, 2023 TO JUNE 30, 2024
DISCUSSION:

The State Department of Forestry and Fire Protection (CAL FIRE) provides coverage for wildland fire services for over 650 acres in the city as shown on a map on page 9 of the wildland fire protection agreement. The focus of this proposed Wildland Fire Protection Agreement is located east of 1-15, south of the Cities of Lake Elsinore and Menifee and northwest of the City of Murrieta.

FISCAL IMPACT:

The maximum amount of the Mutual Aide Agreement is $27,191.21.

ACCOUNT CODE:
100-460-4710-51208
ATTACHMENTS:

RESOLUTION Wildland fire fy 23_24.docx
23-24 Wildomar WPA.pdf
542
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA, APPROVING THE

AGREEMENT WITH THE DEPARTMENT OF FORESTRY

AND FIRE PROTECTION (CALFIRE) FOR WILDLAND FIRE

PROTECTION SERVICES
WHEREAS, the City of Wildomar incorporated on July 1, 2008; and WHEREAS, since incorporation the City has contracted with the County of Riverside for Fire Services; and
WHEREAS, the County of Riverside contracts with the State of California’s Cal Fire Department; and
WHEREAS, the City Council agrees to enter into a contract with Cal Fire for the Wildland Fire Protection Program.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Wildomar, California, does hereby approve the agreement with the California Department of Forestry and Fire Protection (CAL FIRE) to provide wildland fire protection from July 1, 2023 through June 30, 2024.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign and execute said agreement on behalf of the City of Wildomar.

PASSED, APPROVED, AND ADOPTED this 10th day of May, 2023. __________________________________
Joseph Morabito
Mayor
APPROVED AS TO FORM:
_______________________________
Thomas D. Jex
City Attorney
ATTEST:
__________________________________
Janet Morales
City Clerk
543

STATE OF CALIFORNIA

COOPERATIVE FIRE PROGRAMS

LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION

REIMBURSEMENT AGREEMENT
LG-W REV 1/2023
AGREEMENT NUMBER 3CA06296
REGISTRATION NUMBER:

1. This Agreement is entered into between the State Agency and the Local Agency named below:

STATE AGENCY'S NAME
California Department of Forestry and Fire Protection – (CAL FIRE) LOCAL AGENCY’S NAME
City of Wildomar

2. The term of this Agreement is: 07/01/2023 through 06/30/2024

3. The maximum amount of this Agreement is: $ 27,191.21 Twenty Seven Thousand, One Hundred Ninety One Dollars and Twenty One Cents.

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work – Includes page 2 (contact page) in count for Exhibit A 2 pages Exhibit B – Budget Detail and Payment Provisions 2 pages Exhibit C* – General Terms and Conditions; DGS GTC Version: 04/2017 0 pages Exhibit D – Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E – Additional Provisions 12 pages
*Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this Agreement as if attached hereto.

General Terms and Conditions can be viewed at: http://www.dgs.ca.gov/ols IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOCAL AGENCY California Department of General
Services Use Only LOCAL AGENCY’S NAME
City of Wildomar
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Dan York, City Manager

ADDRESS
23873 Clinton Keith Rd. #210, Wildomar, CA 92595

STATE OF CALIFORNIA

AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Matthew Sully, Assistant Deputy Director, Cooperative Fire ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
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Contractor Name: City of Wildomar
Contract No: 3CA06296
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EXHIBIT A

COOPERATIVE FIRE PROGRAMS

AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY RESPONSIBILITY AREA

1. The project representatives during the term of this Agreement will be:

CAL FIRE Unit Chief: Riverside Unit Local Agency: City of Wildomar Name: Bill Weiser Name: Dan York
Phone: 951-940-6900 Phone: 951-677-7751
Fax: 951-940-6910 Fax: NA
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:

CAL FIRE Unit Chief: Bill Weiser Local Agency: City of Wildomar Section/Unit: Riverside Unit Section/Unit: City Manager Attention: Scott Lane Attention: Dan York
Address: 210 W. San Jacinto Av.

Perris, Ca 92570
Address: 23873 Clinton Keith Rd.
#201
Phone: 951-940-6900 Phone: 951-677-7751
Fax: 951-940-6910 Fax: NA
Send an additional copy of all correspondence to:

CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460

2. AUTHORIZATION
This Agreement is entered into this 1
st day of July, 2023, by and between the State of California, hereinafter called STATE and City of Wildomar, County of Riverside, State of California, hereinafter called Local Agency through its duly authorized officers. As used herein, Director shall mean Director of the California Department of Forestry and Fire Protection (CAL FIRE). Where the standard clauses for example in Exhibit C, use the word “Contractor” that word shall mean LOCAL AGENCY as LOCAL AGENCY is used in this Agreement.

Section 4142 of the Public Resources Code provides that the Director may enter into cooperative Agreements with local jurisdictions for the purpose of providing wildland fire protection.

3. SCOPE OF WORK
LOCAL AGENCY has the responsibility for protection of life, property, and wildland areas comprising 666 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide wildland fire protection to said area.

STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas. 545
Contractor Name: City of Wildomar
Contract No: 3CA06296
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4. SERVICES BY STATE
A. STATE shall provide wildland fire protection for the areas defined in the above section.

B. For those areas, which are adjacent to State Responsibility Area, STATE will provide wildland fire protection at the same level of service it now provides on adjacent State Responsibility Area.

C. For those areas (islands), which are not adjacent to State Responsibility Area, the wildland fire protection provided by the STATE will be limited to those resources identified in the preplanned wildland response for the respective area. Any resources beyond those specified in the preplanned wildland response are assistance by hire and the financial responsibility of the LOCAL AGENCY.

5. ADMINISTRATION
A. LOCAL AGENCY agrees that STATE may dispatch fire protection resources available under this Agreement to other areas of the state when needed at the sole discretion of STATE.

B. STATE response will be subject to availability of resources.

C. Incident Management within the contract area shall conform to current Incident Command System criteria for Unified Command.

D. STATE and LOCAL AGENCY shall, through established dispatch procedures, immediately notify each other of any fire incident within the contract area.

6. MUTUAL AID
LOCAL AGENCY shall provide mutual aid response into the contract area for wildfires. Structural fire protection remains the jurisdictional and financial responsibility of LOCAL AGENCY.

7. ENTIRE AGREEMENT
This Agreement contains the whole Agreement between the parties. It cancels and supersedes any previous Agreement for the same or similar services.
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Contractor Name: City of Wildomar
Contract No: 3CA06296
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EXHIBIT B

BUDGET DETAIL, INVOICING, PAYMENT AND RECONCILIATION

1. Invoicing and Payment:

A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of 36.45 per acre, plus an 12.01% administrative charge for a total of $27,191.21 upon presentation of an invoice by STATE. The rate per acre and administrative charge will be calculated by STATE prior to January 1, of each year and annually thereafter, for the succeeding fiscal year subject to approval by LOCAL AGENCY. This Agreement shall be amended each fiscal year to reflect new rates.

B. STATE shall provide thirty (30) day written notice to LOCAL AGENCY of the cost per acre and the administrative charge to be assessed for each subsequent fiscal year during the term of this Agreement; LOCAL AGENCY shall have thirty (30) days to approve said rate; if written approval is not received by STATE within said period, STATE’s obligations hereunder shall terminate; LOCAL AGENCY shall be liable for all amounts due up to and including the date of such termination.

C. To minimize the need for reconciliation payment is expected in full after the LOCAL AGENCY receives the STATE invoice. Payments made by the LOCAL AGENCY will cover the protection rate per acre and the administrative charge for the protection services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.

2. Budget Contingency Clause
A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.

B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein
C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.
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Contractor Name: City of Wildomar
Contract No: 3CA06296
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D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.

E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.

F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.
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Contractor Name: City of Wildomar
Contract No: 3CA06296
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EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Cancellation
Failure of either party to meet any of the terms and conditions of this Agreement, including nonpayment of monies due hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon written receipt of 30 day notice of cancellation.

2. Audit
If the Agreement is over $10,000, the parties shall, in accordance with Government Code Section 10532, be subject to examination and audit of the State Auditor General for a period of three (3) years after final payment under the Agreement. Examination and audit shall be confined to those matters connected with performance of the Agreement including, but not limited to, cost of administering the Agreement The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon Agreement or understanding.

3. Operating Plan
Prior to April 1 of each year, STATE and LOCAL AGENCY shall establish a joint Operating Plan for the contract area, which shall be attached after Exhibit E. If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan.

4. Extension of Agreement
Unless there is written notice by LOCAL AGENCY to terminate this Agreement STATE shall extend this Agreement for a single one-year period from the original termination date. The cost of services provided by STATE during the extended period shall be based upon the rates published for the fiscal year in which the extended period falls had a new Agreement been entered into.

5. Modification
This Agreement may be amended at any time by written mutual consent of the parties hereto.

6. Indemnification
Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party. 549
Contractor Name: City of Wildomar
Contract No: 3CA06296
- 7 -

EXHIBIT E

ADDITIONAL PROVISIONS
Attachments
Budget Plan
Topographic Map
Operating Plan
Annual Report
550
City of Wildomar
3CA06296
Page #: 8
39010

AND THE CITY/TOWN OF A LOCAL AGENCY
Number of Acres 666
General Fund Reimbursement $ 16.33 $ 10,875.78
Unit Budget $ 20.12 $ 13,399.92
Sub-Total $ 24,275.70
Admin Rate 12.01% $ 2,915.51
Total Protection Cost $ 27,191.21

LOCAL RESPONSIBILITY AREA (LRA) WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account (PCA #)
Contract Name:

Contract #:

Comments Section:

AGREEMENT COST CALCULATIONS:

THIS IS THE BUDGET PLAN FOR THE LOCAL RESPONSIBILITY AREA (LRA)

WILDLAND FIRE PROTECTION REIMBURSEMENT AGREEMENT BETWEEN THE

STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY & FIRE PROTECTION (CAL FIRE) Wildomar
FOR THE 2023/2024 FISCAL YEAR
551
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COTTONWOOD CANYON

DIAMOND
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ORANGE
WAITE
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BOBC AT
HILL

DIANTHUS

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BRYANT
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ELIZABETH

TAMERRON
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BEVERLY

HARVEST

THE FARM
ADJER

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SPRINGS

WHEELER
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Lake Elsinore
Menifee
Wildomar

WILDOMAR WPA

LAKE ELSINORE WPA
Incorporated Area µ
R Clark, RRU
Contract Number: 3CA06296 RRU Contract Acres: 666 Fiscal Year: 2023/2024 Pg.9 Wildland Protection Agreement
City of Wildomar
0 0.25 0.5 0.75 1
Miles
Disclaimer: This map and any data within shall be used
for reference only. The State of California and CAL FIRE make no representations or warranties regarding the
accuracy of data or maps. Neither the State nor the
Department shall be liable under any circumstances for
any direct, special, incidental or consequential damages with respect to any claim by any user or third party on account of or arising from the use of data or maps.

Loma Linda University, County of Riverside, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, Esri, NASA, NGA, USGS, FEMA 552
Contract Name City of Wildomar
Contract Number 3CA06296
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__________________________________________________________________________________ Wildland Operating Plan
Between
The City of Wildomar
and
CAL FIRE/Riverside Unit.
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Contract Number 3CA06296
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OPERATING PLAN
Table of Contents
Page

1. Overview…………………………………………………………………… 12

2. Authority…………………………………………………………………… 12

3. Purpose……………………………………………………………………... 12

4. Definitions & Restrictions………………………………………………….. 12

5. Procedures………………………………………………………………….. 12-14

6. Administration……………………………………………………………… 14

7. Fire Prevention……………………………………………………………… 14-16

8. Approval…………………………………………………………………….. 17

APPENDIX
Preplanned Initial Attack Response – Riverside Ranger Unit……………… E-1 Preplanned Initial Attack Response – Wildomar City…….. E-1 554
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OPERATING PLAN

1. OVERVIEW
This Operating Plan, hereinafter referred to as PLAN, is between the California Department of Forestry & Fire Protection, Riverside Unit, hereinafter referred to as CAL FIRE and the City of Wildomar, hereinafter referred to as CITY. It has been developed to specifically address the Agreement for Protection of Wildlands within a Local Agency, hereinafter referred to as AGREEMENT, between CAL FIRE and CITY for wildland fire protection within the city limits.

2. AUTHORITY
The PLAN is required of both CAL FIRE and CITY as part of the AGREEMENT dated July 1, 2023.

3. PURPOSE
This PLAN will provide the Unit Chief of CAL FIRE and the CITY a means for executing the AGREEMENT and is hereby attached as Exhibit E with appendices E-1 to that AGREEMENT.

4. DEFINITIONS AND RESTRICTIONS
See AGREEMENT for definitions and descriptions of general terms. This PLAN does not allow either agency to operate outside the limitations in the AGREEMENT.

5. PROCEDURES
A. Fire Reporting/Reports-When CITY receives a report of a wildfire within the area of the AGREEMENT, it shall promptly notify the Riverside Unit Emergency Command Center (ECC). Each agency will process their appropriate reports and make the information available, upon request of the other agency, in no more than 60 days.

B. Incident Management-The Incident Command System (ICS) will be used to manage wildfires within the area of the AGREEMENT. Unified Command will be implemented with a CAL FIRE representative and a CITY representative. 555
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C. Fires within the area of the AGREEMENT-Each agency will maintain a preplanned initial attack response (PIAR) for fires within the area of the AGREEMENT. See Appendices E-1. Immediate cooperation between agency dispatch centers will occur to ensure prompt response of appropriate resources into the area of the fire. CAL FIRE resources will be ordered according to the terms of the AGREEMENT through the ECC. Any augmentation of the preplanned response, with CAL FIRE resources, shall be authorized by a CAL FIRE Incident Commander or Agency Representative.

Augmentation of the preplanned response may require a post incident audit. The audit will seek to demonstrate that adjacent CAL FIRE Direct Protection Areas (DPA’s) were threatened, or that the augmentation was justified on a cost efficiency basis. Local government and private resources will be ordered through the CITY dispatch center (DISPATCH) to ensure proper utilization of the Master Mutual Aid Agreement.

D. Mutual Aid-All initial attack resources will be considered mutual aid for the purpose of this AGREEMENT.

E. Initial Attack-Initial attack resources will always be based on the closest resources concept identified in the PIAR. See Appendices E-1.

F. Move-Up & Cover-Station coverage will be exchanged between both agencies when appropriate. To prevent long-term coverage problems to either agency, the covering agency’s engines will be replaced with the covered agency’s resources as soon as it is practical to do so.

G. Fire Information: Unified Command1. Both agencies will enter into a unified command structure to manage the incident by establishing a common set of incident objectives and strategies.

This will be accomplished without losing or abdicating agency authority, responsibility or accountability. A Unified Ordering Point will be identified and established.

2. Representatives of both agencies will meet as needed to discuss procedures governing and locations of potential Information Centers. Both agencies will strive to maintain a roster of certified Public Information Officers for use during emergencies.

3. The Unified Command will determine which agency will provide the Lead Information Officer. Normally, it will be the agency with the greatest commitment of resources on the incident.

H. Representatives of CAL FIRE and CITY, of the rank of Battalion Chief or higher, may order resources directly from the ECC or DISPATCH when an immediate need arises.

These resources may include engines, fire crews and bulldozers in accordance with the AGREEMENT. Resources sent in response to these requests will conform to the closet resources concept
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6. ADMINISTRATION
The CAL FIRE Unit Chief and the CITY Fire Chief, or their designees, along with representatives from the CAL FIRE ECC and CITY DISPATCH will meet annually to discuss, review, and update the following items; procedures for reporting fires, procedures to dispatch resources to fires within the area of the AGREEMENT, procedures to dispatch resources to fires along the boundaries of the area of the AGREEMENT, and exchange general or specific information which would might affect the other agency.

7. FIRE PREVENTION
.

A. POLICY
All fire prevention activities conducted on lands within the area of the AGREEMENT will be consistent with both agencies guidelines. CAL FIRE and CITY will be expected to conduct a year-round, aggressive fire prevention program using guidelines within the CAL FIRE Handbook 9000 and CITY Fire Prevention Guidelines. This will include, but is not limited to, annual analysis and planning sessions to generate an active fire prevention plan.

1. Public Information Program-This will include all types of fire prevention news releases through the available media. Other methods will include public meetings, fairs, rodeos, parades, services clubs and a regular schedule of school programs for all grades.

2. Protection/Planning Issues-Although the responsibility for enforcing fire safe ordinances pertaining to improvements in wildland areas within the city limits is the responsibility of CITY, a CAL FIRE representative will be available upon request to comment on these issues and assist in the enforcement of related ordinances.

3. Hazard Reduction Inspections
a. Home Inspection – CAL FIRE will work directly with CITY to enforce Public Resources Code (PRC) Sections 4291, 4446, 4442, 4123, or the Uniform Fire Code sections when applicable.
b. Power line Inspections – CAL FIRE will work directly with CITY inspecting power lines over 750 volts, using PRC 4292 and 4293 as a guide.

B. RESPONSIBILITY
CAL FIRE and CITY personnel will, in the performance of their duties, give full consideration to the prevention of fires and public education. Both agencies will allow staff to establish attainable fire prevention goals. 557
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C. EXISTING AND PROJECTED DEMAND
Fire Prevention and suppression are the primary roles for both agencies. If the demand for services increases in the future, both agencies will develop more intensive programs. Fire protection and prevention will be influenced by the following factors:

1. Increased recreational use.

2. Increased residential and commercial development.

3. Increased utilization of vacation residences.

4. Industrial activity.

D. OBJECTIVES
The primary objective of the fire prevention plan is the reduction of fire suppression expenditures and damages from human-caused fires. The secondary objective is a current and comprehensive public education program for fire safety awareness and code enforcement.

E. RECOMMENDED ACTIONS
Both agencies will actively pursue public awareness programs through the following:

1. Public Education
a. School programs, ages K-12
b. Roadside sign program
c. Timely newspaper articles concerning fire awareness
d. Attendance at various local events which lend themselves to fire prevention displays.

2. Code Enforcement
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a. Active PRC 4291 home inspection program in target areas. b. Enforcement of the Fire Safe Ordinances as they apply to construction in watershed areas. CAL FIRE will take an advisory role with the CITY Fire Marshal within the areas of the AGREEMENT.

F. FUEL MODIFICATION
Both agencies will continue to encourage individual property owners and property owner associations to establish and maintain a healthy fuel complex through the following:

1. Prescribed burning through available programs.

2. Forest practice inspections.

3. Fuel modification using mechanized systems, fire crews, and local resources.

4. Biomass programs to control stems per acre, and remove dead and down materials.

G. BURNING PERMITS
Burning permits will be required in the city limits consistent with those guidelines established in adjacent areas. This will provide consistency in the burn hours and any controls needed for the overall program.

1. Burning Permit Issuance
The CITY has the responsibility of issuing burn permits within the city limits and the area of the AGREEMENT. Both agencies will agree to and establish burn permit guidelines by April 1 of each year. The guidelines will follow those established by CAL FIRE to ensure consistency in the burn programs in both the CITY and areas adjacent to CAL FIRE.

2. Suspension of Permit Procedures
The suspension of burning permits in the area of the AGREEMENT will be directly related to the burning permit suspension procedures outside the area of the AGREEMENT to ensure area-wide consistency. Suspensions will be based on input from CAL FIRE and CITY.
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H. MONITORING AND EVALUATION
Periodic monitoring and evaluation of the PLAN will provide the opportunity to make orderly and timely amendments and revisions of the PLAN. Monitoring will determine if the:

1. PLAN is being followed.

2. PLAN objectives are being met.

3. PLAN is achieving desired results.

8. APPROVAL:

This PLAN is approved and authorized as Exhibit E Attachment 3 of the AGREEMENT between CAL FIRE and CITY:

FOR CAL FIRE:

California Department of Forestry
& Fire Protection
Riverside Unit
210 W. San Jacinto Ave
Perris, CA 92570
_______________________ Bill
Weiser, Unit Chief
FOR CITY:

City of Wildomar,
Address: 23873 Clinton Keith Rd,
Suite #201, Wildomar, CA 92595
__________________________
Dan York, City Manager
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STANDARD RESPONSE PLAN FOR VEGETATION FIRES
CALFIRE RRU AND CITY OF WILDOMAR E-1

CALFIRE WPA VEGETATION

RESPONSE

BC E AA AT COP DOZ CREW WT
LOW 1 3
MED 2 4 1 2 1 2 2 1
HIGH 2 7 1 2 1 2 4 1

CITY OF WILDOMAR

VEGETATION RESPONSE
LOW 1 3
MED 1 3
HIGH 1 3
City of Wildomar
Contract#3CA06296