HomeMy WebLinkAboutAgreement A-15-033 with Shaver Forest Development.pdfAGREEMENT NO . 15-033
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this 13th day of January
3 2015 by and between the COUNTY OF FRESNO , a political subdivision of the State of
4 California ("COUNTY") and Shaver Forest Development, Inc., a Californ ia Corporation
5 ("SHAVER FOREST'), and Sugar Pine Ridge Properties, LLC, a California limited liability
6 company ("SUGAR PINE "; together with SHAVER FOREST, "DEVELOPER").
7 WITNESSETH
8 WHEREAS , Policy PF -G.2 of the 2000 Fresno County General Plan Update
9 ("Policy") regarding the provision of COUNTY law enforcement services states that
10 COUNTY shall strive to maintain a staffing ratio of two (2) sworn officers serving
11 unincorporated residents per 1,000 residents served, and that this count of officers
12 includes all ranks of deputy sheriff personnel and excludes all support positions and all
13 sworn officers serving countywide population interests such as bailiffs, and sworn officers
14 serving contract cities and grant specific populations (collectively, "Law Enforcement
15 Services "); and
16 WHEREAS, DEVELOPER desires to record in the Office of Fresno County
17 Recorder its Tract Map No . 5688 ("Map ") providing for certain planned residential
18 developments; and
19 WHEREAS, all of the full legal parcels , which are identified by Assessor's parcel
20 numbers, and which fully include such territory covered by DEVELOPER's Map , are
21 shown in Exhibit A ("Project Territory"), which is attached hereto and incorporated herein;
22 and
23 WHEREAS, the Project Territory is located within the unincorporated area of
24 COUNTY; and
25 WHEREAS , COUNTY has determined that funding from COUNTY's own sources
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1 will likely be insufficient to provide the level of Law Enforcement Services specified by
2 Policy in the Project Territory; and
3 WHEREAS, as a condition of DEVELOPER recording Map in the Office of the
4 COUNTY Recorder, COUNTY has required that there shall be a Community Facilities
5 District ("CFD ") under the Mello-Roos Community Facilities Act of 1982 (Gov. Code , §§
6 53311 et seq.; "ACT") that will utilize landowner voter approved special taxes stated
7 herein (collectively , "Special Taxes ") and levied annually thereafter upon all nonexempt
8 real property in such territory in order to provide for the ongoing financing for the continual
9 provision of Law Enforcement Services in the area covered by DEVELOPER's Map , as
10 provided herein; and
11 WHEREAS, to the extent that any area covered by DEVELOPER's Map is not a
12 full legal parcel, identified by Assessor's Parcel Number (APN), the parties desire that this
13 Agreement shall apply to the remainder of the Project Territory in order to meet the
14 requirements of ACT; and
15 WHEREAS , the COUNTY has established CFD No. 2006-01 ("District") 1 to provide
16 financing for the continual provision of Law Enforcement Services in the unincorporated
17 areas of Fresno County where such District has been established , and where territory has
18 been annexed and incorporated to such District; and
19 WHEREAS , DEVELOPER is agreeable to the COUNTY's use of the subject
20 District to provide financing for the continual provision of Law Enforcement Services for
21 the Project Territory by the COUNTY annexing all of the Project Territory to the District
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1 Notwithstanding anything stated to the contrary in this Agreement , DEVELOPER acknowledges
and agrees that COUNTY reserves the right , in its sole discretion , to establish a new , separate
CFD for Law Enforcement Serv ices for the Project Territory , otherwise pursuant to this
Agreement. In such instance , all references herein to the District shall mean such CFD.
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1 and incorporating the territory therein , subject to the terms and conditions of this
2 Agreement; and
3 WHEREAS , th is Agreement is being entered into by and between the parties to
4 authorize the COUNTY to annex the Project Territory to the District for the imposition of
5 liens upon all nonexempt real property located in the Project Territory in order to secure
6 the full and timely payment of the Special Taxes under ACT (collectively , the "Lien "), to
7 impose the Lien , and to annually levy the Special Taxes upon all nonexempt real property
8 located in the Project Territory (collectively, the "Levy "); and
9 WHEREAS, this Agreement also is being entered into to allow DEVELOPER to
10 place sufficient funds in a trust account with COUNTY to cover the fees, costs and
11 expenses incurred by COUNTY in implementing the procedures to finance the Law
12 Enforcement Services , including, but not limited to , conducting all such public hearings
13 and proceedings in connect ion w ith annexing and i ncorporating the Project Territory to
14 the District, developing the method of apportionment of the Special Taxes , imposing the
15 Special Taxes , implementing the Special Taxes (includ i ng , but not limited to , recording
16 any notice of Lien and impos ing the initial Levy), processing , reviewing , and preparing
17 documents and comments , and performing other work and activities in connection with all
18 such matters (collectively , the "Special Tax Activities "); and
19 WHEREAS , DEVELOPER has deposited funds with the COUNTY as described in
20 this Agreement so that COUNTY can proceed with the Special Tax Activities , as provided
21 herein.
22 NOW, THEREFORE , in cons ideration of the mutual covenants and conditions
23 hereinafter contained and agreed to , and for other good and valuable consideration , the
24 adequacy and receipt of which are hereby acknowledged , the parties to this Agreement
25 agree as follows :
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1 1. Except as otherwise provided in this Agreement, SUGAR PINE and
2 SHAVER FOREST are jointly and severally liable for each obligation of
3 DEVELOPER under this Agreement.
4 2. DEVELOPER shall fully cooperate with COUNTY in timely providing
5 adequate and materially accurate information to COUNTY and COUNTY's special tax
6 consultant ("COUNTY's Consultant"), if any, that COUNTY and COUNTY's Consultant
7 shall deem necessary for the COUNTY's annexation of the Project Territory to the District
8 and imposition of the Lien and initial Levy, including by way of example but without
9 limitation the following , which shall be to the reasonable satisfaction of COUNTY and
10 COUNTY's Consultant:
11 A. An annexation map prepared and provided by DEVELOPER in full
12 compliance with the minimum requirements of Exhibit B, Annexation
13 Map Preparation Requirements (which is attached hereto and
14 incorporated herein); such annexation map shall fully and accurately
15 set forth the exterior boundaries of the Project Territory, and all other
16 information in the form and content required by law for annexation
17 maps; the Project Territory shall contain the entirety of any and all
18 parcels therein subject to taxation by the proposed annexation (all
19 parcels in the Project Territory shall be full legal parcels identified by
20 APNs); and
21 B. APNs of all parcels included in the Project Territory, to be included in
22 the annexation by the District, and subject to any and all conditions of
23 this Agreement; and
24 C. Information concerning DEVELOPER's ownership of the land within
25 the Project Territory , and number of registered voters, if any, within
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the Project Territory ; and
If requested by COUNTY , current and updating title report for parcels
to be included in the Project Territory (including documents which are
exceptions to title in such report(s)); and
COUNTY or COUNTY's Consultant may request DEVELOPER to update
6 any or all of the foregoing information , instruments , documents , reports or records during
7 COUNTY's proceedings to annex the Project Territory to the District, and to impose the
8 Lien and the Levy , so that such information shall be current at the time COUNTY takes
9 such action that is based on such information , instruments, documents , reports or
10 records .
11 4 . DEVELOPER represents , covenants , warrants and agrees that one of either
12 SUGAR PINE or SHAVER FOREST is the sole owner of the entire fee interest of all real
13 property , including all rights , title and interest therein, and all land and improvements
14 thereon and therein (collectively , "Developer's Real Property"), located in the Project
15 Territory, and that there always have been, always are , and always will be less than
16 twelve (12) registered voters residing in the Project Territory from ninety (90) days before
17 the parties ' execution of this Agreement , and continuing thereafter without interruption
18 through and until the conclusion of the proceed ings for the annexation of the Project
19 Territory to the District, and the imposition of the Lien upon all nonexempt real property
20 located in the Project Territory , in order to permit COUNTY to proceed with and
21 successfully complete the landowner voter election procedures for the proposed
22 annexation , as authorized under Government Code sections 53339.7 and 53326 , and the
23 recordation of the amendment to the notice of Lien under Government Code section
24 53339 .8, and Streets and Highway Code section 3117 .5. DEVELOPER acknowledges
25 and agrees that COUNTY will be proceeding with the annexation of the Project Territory
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1 to the District under such landowner voter election procedures , based upon such
2 representations , covenants , warranties and agreements of DEVELOPER.
3 5. Pursuant to Government Code section 53339.2 and, to the extent that it
4 applies , Government Code section 53318(c), DEVELOPER hereby petitions and requests
5 COUNTY immediately commence and pursue to completion , and institute all proceedings
6 pursuant to the ACT, to annex the Project Territory to the District, to establish and/or
7 confirm the Initial Appropriations Limit (defined below), to create and impose the Lien
8 upon all of the nonexempt real property located in the Project Territory according to the
9 maximum rates of the annual Special Taxes (including inflationary adjustments thereto)
10 for the purpose of funding prov ision of Law Enforcement Services, as stated in the
11 Special Tax Rate and Method of Apportionment in Exhibit C (which is attached hereto
12 and incorporated herein), and annually thereafter to levy the Special Taxes upon all
13 nonexempt real property located within the Project Territory, all for the purpose of the
14 provision of the Law Enforcement Services in the Project Territory in accordance with
15 COUNTY Policy , provided :
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C.
All proceedings to annex the Project Territory to the District and to
establish and/or confirm the Initial Appropriations Limit, and to record
the amendment to the notice of Lien (but excluding the imposition of
the Levy) shall be completed no later than April 21 , 2015 ; and
At the time that the annexation is completed , the then-current
maximum rates of the annual Special Taxes (including inflationary
adjustments thereto), for the purpose of funding provision of Law
Enforcement Services , shall be as stated in the Special Tax Rate and
Method of Apportionment in Exhibit C hereto .
That sa id completion date shall not be construed as limiting the
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COUNTY's Board of Supervisor's ("Board ") discretion to continue
associated Board actions as the Board, in its sole and absolute
discretion , may deem appropriate.
That, in the event the Board continues any associated actions , or if
circumstances beyond the control of COUNTY arise that preclude
completion by the date specified hereinabove, then the expiration
date of this Agreement shall hereby be deemed extended to the
extent necessitated by such Board actions or circumstances beyond
the control of COUNTY.
DEVELOPER represents and warrants that the Project Territory constitutes
11 one hundred percent (1 00%) of the area of land which DEVELOPER proposes to be
12 annexed to and included within the District, that not all of such area is exempt from the
13 Special Tax, and that all parcels in the Project Territory at the time of annexation , are full
14 legal parcels identified by APNs .
15 7 . DEVELOPER hereby requests that the COUNTY file this petition and
16 request with the COUNTY's Clerk to the Board of Supervisors . DEVELOPER further
17 petitions and requests that the COUNTY Board of Supervisors immediately proceed with
18 any and all actions or proceedings necessary to accomplish matters in connection
19 therewith .
20 8. DEVELOPER seeks to facilitate said petition and request by , to the greatest
21 extent allowed by law, hereby expressly waiving any and all notices, minimum noticing
22 periods , procedures and substantive requirements otherwise required under or provided
23 by:
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A. ACT, including , by way of example and without limitation, Article 3 .5
(commencing with section 53339) of ACT regarding the proceedings
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to annex the Project Territory to the District; and
Government Code Sections 54950 through 54962, inclusive,
regarding notices of and holding of public meetings of the COUNTY's
Board; and
Government Code Section 53739, regarding the setting of the rate
for taxes, including an inflationary adjustment; and
Article 3 .5 of Chapter 1 of Part 1 of Division 1 of Title 5 of the
Government Code (Sections 50075 through and 50077, inclusive),
regarding special taxes ; and
The applicable provisions of Article 3.7 of Chapter 4 of Part 1 of
Division 2 of Title 5 of the Government Code (Sections 53720
through and 53730, inclusive; as applicable) regarding special taxes;
and
Any other provisions of the Constitution of the United States, the
Constitution of the State of California, and any and all other laws and
regulations enacted thereunder by governing legal authorities or
political subdivisions thereof, whether in law or equity, with regard to
and including, but not limited to:
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The adoption of any ordinances or resolutions; or
Filing of any reports (including, but not limited to engineer's
reports), plans or studies concerning Law Enforcement
Services and their related (or estimated) costs (as under
Government Code Section 53321.5, but not limited thereto); or
Filing of any reports, plans, or studies concerning a plan for
sharing services to be provided in common between the
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current District and the annexed Project Territory (as under
Government Code Section 53339.3, but not limited thereto); or
iv. The giving of any notices, holding of any meetings or
hearings, right of majority protest and objections (including
objections concerning the regularity or sufficiency of the
proceedings for the establishment of the District and/or the
annexation of the Project Territory to the District; the
recordation of the amendment to the notice of Lien; and the
imposition of the Lien or Levy of the Special Tax upon
nonexempt properties located in the Project Territory; but not
limited thereto); or
v. The right to vote, election requirements, the manner and
timing of distributing ballots and elections materials to voters
(including instructions for proposed voting procedures), the
collecting and canvassing of voted ballots, time limits for
election; and
Expressly supports COUNTY's annexation of the Project Territory to
the District, the Levy of the Special Tax and the Initial Appropriations
Limit (defined below), the recordation of the amendment to the notice
of the Lien against the properties shown in Exhibit A, and the
imposition of the Lien and Levy on all nonexempt properties located
in the Project Territory, all for the continual provision of Law
Enforcement Services in the Project Territory, without completion of
or compliance with any such notices, minimum noticing periods, time
limits, procedures or substantive requirements .
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1 9 . Without limiting the generality of any of the foregoing, and to the greatest
2 extent allowed by law, DEVELOPER hereby expressly waives :
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Any and all time limits and requirements in connection with the
conduct of the election of the Levy referred to in Government Code
Sections 53339.7 and 53326(a); and
The impartial analysis and arguments and rebuttals , if any, in
connection with the election by the qualified landowner voters for the
vote of the Levy referred to Government Code Section 53327 ; and
Any and all objections for other procedures and substantive
requirements in connection with the regularity and sufficiency of an
election and time limits for the calling for an election of the Levy in
the proposed Project Territory, and for performance by any COUNTY
election official for the vote of such Levy; including , but not limited to ,
the manner and timing of distributing ballots and elections materials
(including instructions for proposed voting procedures) to voters and
collecting and canvassing voted ballots ; and
Any and all rights under Articles XII lA, section 4 , XIIIC and XIIID of
the California Constitution regarding special taxes and the right ,
under Article XIIIC of the California Constitution and any other
provision of the California Constitution and of any laws , to the
initiative power to reduce or repeal local taxes; and
Any and all rights under Article 3 (commencing with Section 53330)
of ACT to reduce or repeal the Special Tax, to terminate the Levy ,
and to eliminate or reduce Law Enforcement Services; and
Any and all objections to the COUNTY's establishment and/or
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confirmation of the initial appropriation limit for the District , including
the Project Territory , and/or of the then-current appropriations limit
for the District, including the Project Territory , which may be subject
to future adjustment as provided by the California Constitution or
other law (collectively , the "Initial Appropriations Limit"), pursuant to
Article XI liB of the California Constitution , and Section 53325.7 of the
Government Code.
8 10 . Notwithstanding any provisions to the contrary in this Agreement, COUNTY
9 agrees that all proceedings to annex the Project Territory to the District, to establish and
10 confirm the Initial Appropriations Limit, and to record the amendment to the notice of the
11 Lien (but excluding the imposition of the Levy) shall be completed no later than April 21 ,
12 2015 , and at the time that the annexation of the Project Territory to the District is
13 completed, the then-current maximum rates of the annual Special Tax (including
14 inflationary adjustments thereto), for the purpose of funding provision of Law Enforcement
15 Services , shall be as stated in Exhibit C , which is attached hereto and incorporated
16 herein. Provided, however, that this shall not be construed as limiting the COUNTY's
17 Board discretion to continue associated Board actions as the Board, in its sole and
18 absolute discretion , may deem appropriate . In the event that the Board continues any
19 associated actions , or other circumstances beyond control of COUNTY arise that
20 preclude completion by April 21 , 2015 , then the expiration date of this Agreement shall
21 hereby be deemed extended to the extent necessitated by such Board actions or
22 circumstances beyond the control of the COUNTY. Nothing contained in this Agreement
23 prohibits or limits, nor shall it be deemed to prohib it or lim it , COUNTY from conducting
24 subsequent proceedings for the increase of such maximum rates of the Special Tax
25 (including inflationary adjustments thereto) or the District's (including the Project Territory)
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1 appropriations limit, and the level of Law Enforcement Services funded by the Special
2 Tax, after the annexation of the Project Territory to the District, upon the approval of the
3 requisite number of qualified voters in the annexation pursuant to ACT.
4 11. On the request of COUNTY , DEVELOPER shall promptly execute and
5 deliver to COUNTY any and all agreements , instruments , documents , and information
6 that COUNTY deems necessary to accomplish the annexation of the Project Territory to
7 the District, the special election for the Levy and Initial Appropriations Limit, the
8 recordation of the amendment to the notice of the Lien , the imposition of the Lien and the
9 initial Levy in the Project Territory , and the establishment and/or confirmation of the Initial
10 Appropriations Limit, and to evidence DEVELOPER's petition, request , consent and
11 waiver in this Agreement , including by way of example and without limitation , petition ,
12 waiver and consent forms , ballots regarding the Levy and Initial Appropriations Limit ,
13 receipts for notices , and authorization by DEVELOPER of its representatives to take any
14 actions , to give any approvals , to execute any agreements , instruments and documents ,
15 to authenticate any information provided by DEVELOPER, and to vote for the Levy and
16 Initial Appropriations Limit in connection with th is Agreement.
17 12. In consideration fo r COUNTY 's Board conducting proceedings for the
18 annexation of the Project Territory to the District , the imposition of the Lien , the
19 establishment and/or confirmation of the Initial Appropriations Limit , and conducting
20 proceedings for the Levy as requested herein by DEVELOPER , DEVELOPER agrees
21 that one of either SUGAR PINE or SHAVER FOREST will remain the sole owner of all
22 Developer's Real Property in the Project Territory and further agrees not to close escrow
23 or to transfer title to , or any right or interest in , Developer's Real Property , or any lot or
24 other portion thereof (collectively, or individually , the "Sale or Transfer"), to any other
25 person or entity until the earliest of the following:
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Completion of COUNTY's proceedings annexing the Project Territory
to the District and establishing and/or confirming the Initial
Appropriations Limit , and imposing the Lien on all nonexempt
property located in the Project Territory, including by way of example
and without limitation COUNTY's Board's determination that the
requisite 2/3 votes cast by the landowner in the consolidated special
election in favor of the Levy and the confirmation and/or Initial
Appropriations Limit , and COUNTY's Clerk to the Board of
Supervisors ' (or such other designated COUNTY Officer) recording
of the amendment to the notice of the Lien for the Project Territory
with the COUNTY's Recorder pursuant to Streets and Highway Code
section 3117 .5 ; or
COUNTY's Board 's express written consent to such Sale or Transfer
of Developer's Real Property, or any lot or other portion thereof,
provided however, DEVELOPER shall not request any Sale or
Transfer of any individual lot or lots to persons seeking to establish ,
or who may allow other persons seeking to establish , their
residences in the Project Territory. However, the preceding
provisions of this Section 12 shall not apply to , and the DEVELOPER
may engage in , marketing activities and opening of escrows for sale
of individual lots in the Developer's Real Property prior to completion
of the events described in Section 12A above , as long as such
escrows are not closed and title and ownership are not transferred
until after completion of all of such events . If DEVELOPER does
open an escrow, or otherwise receives any monetary deposit or
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enters into any agreement or obtains any commitment for the sale or
transfer of any individual lot in Developer's Real Property, prior to
COUNTY's completion of proceedings to annex the Project Territory
to the District and impose the Special Tax and the recordation of the
amendment to the notice of the Lien , DEVELOPER thereupon shall
give, or cause the escrow holder to give, a clear and concise written
notice , in a document separate and apart from any other document,
to the potential purchaser, in a form approved by COUNTY, stating
that proceedings to annex the Project Territory to the District and
establishment and/or confirmation of the Initial Appropriations Limit
and to impose the Special Tax and record the amendment to the
notice of the Lien on the lot or parcel to be purchased are pending,
the proposed maximum rate of the Special Tax (including inflationary
adjustments thereto) stated in Exhibit C, that the escrow shall not
close nor shall title to the lot or parcel (including any right or interest
therein) be transferred until completion of all such proceedings, and
the recordation of the amendment to the notice of the Lien on such
lot or parcel.
19 13 . To the extent that the COUNTY may institute proceedings for the
20 establishment of any CFDs in the remainder of the area of the Specific Plan applicable to
21 the Project Territory (the "Specific Plan Area "), or annex or add any contiguous or
22 noncontiguous territories anywhere in Fresno County to the District (whether at the time
23 of the annexation of the Project Territory to the District, or at any time thereafter) that are,
24 in either case, owned by persons or entities other than DEVELOPER, and in either case
25 levy a special tax for Law Enforcement Services in such territories, all of the provisions in
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1 of this Agreement concerning DEVELOPER 's consent and waiver shall also apply to
2 DEVELOPER vis-a-vis such other CFDs or annexations or additions to the District, so
3 that COUNTY may be fully assured that DEVELOPER shall fully cooperate with
4 COUNTY, and will not defeat, cause delay or otherwise interfere with COUNTY's ,
5 establishment and implementation of such CFDs for , or annexations or additions to the
6 District of any of such other territories .
7 14 . To that end , to the greatest extent allowed by law, DEVELOPER hereby
8 additionally expressly waives all right of majority protest and objections (including by way
9 of example and without limitation to objections concerning the regularity or sufficiency of
10 the proceedings) to the proposed annexation(s) or additions of all of such other territories
11 to the District, which are provided for in Government Code sections 53324 and 53339 .6 ,
12 as applicable .
13 15 . DEVELOPER has advanced funds to the COUNTY in the amount of Six
14 Thousand Dollars ($6 ,000 .00) (the "Deposit").
15 16 . The Depos it shall be used to pay for the actual fees, costs and expenses
16 incurred by COUNTY for COUNTY's performance of the Special Tax Activities. COUNTY
17 shall hold the Deposit in trust for the aforementioned purposes , provided however,
18 COUNTY shall not be obligated to invest such funds to obtain any interest thereon.
19 17 . If the actual fees , costs and expenses incurred by COUNTY for COUNTY 's
20 performance of the Special Tax Activities are less than the amount of the Deposit ,
21 COUNTY will promptly refund such surplus funds to DEVELOPER following the
22 conclusion or earlier term ination of this Agreement.
23 18. If the amount of the Deposit is insufficient to allow COUNTY to complete
24 performance of the Special Tax Activities , COUNTY shall not be obligated to perform any
25 further activities in connection with the Special Tax Activities , unless and until
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1 DEVELOPER has remitted an additional deposit of funds to COUNTY in an amount which
2 COUNTY determines to be an updated estimate of the fees, costs, and expenses of
3 COUNTY , for complet i ng the Special Tax Activities (a "Further Deposit"), less those
4 portions already completed . Any Further Deposit(s) shall be administered in accordance
5 with Sections 16 and 17 of this Agreement.
6 19 . It is understood by and between the parties , that COUNTY project staffing is
7 limited within COUNTY Departments to perform the Special Tax Activities without
8 adversely impacting COUNTY's planned schedule for other projects or completion
9 thereof, that to perform the Special Tax Activities in an expeditious manner may require
10 the use of COUNTY staff time at overtime rates , and that such circumstances may result
11 in a request by COUNTY to DEVELOPER for an additional deposit, pursuant to Section
12 18 of this Agreement , prior to COUNTY's performance of the remaining Special Tax
13 Activities on an exped ited basis .
14 20. This Agreement shall be retroactively effective as of July 10 , 2014 , and shall
15 continue to be in full force and effect through April 21 , 2015 ; provided, however, that this
16 shall not be construed as limiting the COUNTY's Board 's discretion to continue
17 associated Board actions as the Board , in its sole and absolute discretion , may deem
18 appropriate. In the event that the Board continues any associated actions , or
19 circumstances beyond control of COUNTY arise that preclude completion by the date
20 listed hereinabove , then the expiration date of this Agreement shall hereby be deemed
21 extended to the extent necessitated by such Board actions or circumstances beyond the
22 control of COUNTY . Add itionally , this Agreement may also be extended by the mutual
23 written consent of SUGAR PINE , SHAVER FOREST , and the Director of the Department
24 of Public Works and Planning or his duly appointed designee .
25 21. This Agreement is not intended to and will not be construed to create the
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1 relationship of principal-agent , master-servant , employer-employee , partnership , joint
2 venture or association between COUNTY and DEVELOPER; neither party is an officer of
3 the other. Each of the parties to this Agreement , their respective officers , agents and
4 employees , in the performance of this Agreement shall act in an independent capacity , as
5 independent contractors , between each other .
6 22 . Any terms or conditions of this Agreement may be modified from time to
7 time , without in any way affecting the remainder , by the written consent of the parties.
8 23. Neither COUNTY nor DEVELOPER , nor either of SUGAR PINE or
9 SHAVER FOREST, shall assign , transfer or sub-contract this Agreement nor their rights
10 or duties under this Agreement without the written consent of the other party.
11 24 . For purposes of venue , th is Agreement shall be deemed to be performed
12 only in Fresno County , California . Venue for any action arising out of or relating to this
13 Agreement shall only be in Fresno County , California. The rights and obligations of the
14 parties and all interpretation and performance of this Agreement shall be governed in all
15 respects only by the laws of the State of California .
16 25 . DEVELOPER agrees to indemnify, save , hold harmless , and at COUNTY's
17 request , defend COUNTY , its officers , agents , employees , and COUNTY's Consultant
18 from and against any and all claims , demands , losses , costs, expenses (including
19 attorney's fees and court costs), damages , recoveries , deficiencies or liabilities occurring
20 or resulting to COUNTY , including its officers , agents , employees , and COUNTY 's
21 Consultant, to the extent caused by the actual or alleged performance , or failure to
22 perform , by DEVELOPER , its officers , agents , or employees under this Agreement, and
23 from and against any and all claims , demands , losses , costs, expenses (including
24 attorney's fees and court costs), damages , recoveries, deficiencies or liabilities occurring
25 or resulting to any person , firm , or corporation to the extent injured or damaged by the
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1 actual or alleged performance , or failure to perform , of DEVELOPER, its officers , agents ,
2 or employees under this Agreement and by any dangerous conditions , whether known or
3 unknown, that exist or are alleged to exist on any of DEVELOPER's real properties
4 located in the Project Territory.
5 26 . The parties agree that each and every one of Sections 4 through 25 of this
6 Agreement shall , individually and collectively , survive the termination of the remainder.
7 27 . DEVELOPER , by SUGAR PINE and SHAVER FOREST acting together , or
8 COUNTY may terminate this Agreement at any time for cause of the other party 's
9 material breach of its obligations , provided not less than ten (1 0) days ' advance , written
10 notice has been given to the other party and such breach remains uncured in such time.
11 The party receiving said notice may respond to said notice and any charges contained
12 therein within that time. If the alleged breach cannot be cured within ten (10) days, the
13 party receiving said notice may be given reasonable additional time to cure, provided the
14 party commences cure within such ten (1 0) days and diligently pursues the cure to
15 completion , and provided further that in the case of any of DEVELOPER 's alleged
16 breach , the deadline hereinabove , as may be extended in accordance with the provisions
17 pertaining thereto , for COUNTY's annexation of the Project Territory to the District and
18 establishment and/or confirmation of the Initial Appropriations Limit and recordation of the
19 amendment to the notice of the Lien shall be extended by each day beyond such ten ( 1 0)
20 day cure period that DEVELOPER 's alleged breach remains uncured.
21 28. Notwithstanding anything stated to the contrary, this Agreement also may
22 be terminated at a time and on terms established by mutual written agreement of
23 COUNTY , SUGAR PINE , and SHAVER FOREST.
24 29. Notwithstanding anything stated to the contrary in this Agreement,
25 COUNTY , in its sole discretion , may abandon the proposed annexation of the Project
-18-
1 Territory to the District, pursuant to Government Code , Section 53339.7, and not proceed
2 further with the conduct of the special election for the Levy and Initial Appropriations
3 Limit, provided however, nothing conta ined in this paragraph shall obligate or be deemed
4 to obligate COUNTY to take such action .
5 30. In event that the annexation of the Project Territory to the District and
6 establishment and/or confirmation of the Initial Appropriations Limit do not occur, and the
7 amendment to the notice of the Lien is not recorded (but excluding the imposition of the
8 Levy), by the deadline hereinabove, as may be extended in accordance with the
9 provisions pertaining thereto , DEVELOPER may immediately, upon the expiration of such
10 deadline or extended deadline, proceed to complete sales of and transfers title to and
11 rights and interest in all lots, parcels and other real properties within the Project Territory
12 in accordance with law, without waiting for COUNTY's completion of the annexation of the
13 Project Territory to the District and recordation of the amendment to the notice of the
14 Lien, or, if COUNTY desires , COUNTY's establishment and implementation of any other
15 substitute financing mechanism for Law Enforcement Services for the Project Territory ,
16 provided however in any event, so long as DEVELOPER, or either of SUGAR PINE or
17 SHAVER FOREST, owns any portion of the Developer's Real Property, the DEVELOPER
18 shall, to the extent of such ownership, continue to perform all of its obligations in
19 connection with this Agreement.
20 31. Notwithstanding anything stated to the contrary in this Agreement , any
21 termination of this Agreement shall not alter or otherwise affect the Specific Plan, or any
22 other condition or restriction imposed by COUNTY upon development within the Specific
23 Plan area, or within the Project Territory, or any other agreement by and between
24 DEVELOPER, or either SUGAR PINE or SHAVER FOREST, and COUNTY.
25 32 . The persons having authority to give and receive all notices under this
-19-
1 Agreement and their addresses are listed below:
2
3
4
COUNTY
Director of Public Works and Planning
COUNTY OF FRESNO
2220 Tulare Street, Suite 800
Fresno, CA 93721
DEVELOPER
Shaver Forest Development, Inc .
1396 W . Herndon Ave., Ste. 101
Fresno, CA 93711
5 Any and all notices between COUNTY and DEVELOPER provided for or permitted under
6 this Agreement shall be in writing and shall be deemed duly served when personally
7 delivered to one of the parties , or in lieu of such personal service, when deposited in the
8 United States Mail, postage prepaid, addressed to such party, provided however, notices
9 of termination of this Agreement shall only be effective upon receipt, and shall be given in
1 0 compliance with Section 27 of this Agreement. Any notices to be given or provided for
11 under this Agreement are not modifications or changes of this Agreement.
12 33 . If any provision of this Agreement, or the application thereof to any person,
13 entity or circumstance , is found to violate any law or is found to be otherwise legally
14 defective or unenforceable, then to any extent that is so found to be violative, invalid or
15 unenforceable, the remainder of this Agreement, or the application thereof to persons,
16 entities or circumstances other than those as to which it has been found to be violative,
17 invalid or unenforceable, shall not be affected thereby, and each such provision of this
18 Agreement shall remain in full force and effect and shall be enforceable to the full extent
19 permitted by law. For any such provision of this Agreement, or the application thereof to
20 any person, entity or circumstance, which is found to violate any law or is found to be
21 otherwise legally defective or unenforceable, DEVELOPER and COUNTY shall use their
22 best efforts to replace that part of this Agreement with legal, valid and enforceable terms
23 and conditions most readily approximating the original intent of the parties.
24 34 . This Agreement constitutes the entire agreement between DEVELOPER
25 and COUNTY with respect to the subject matter of this Agreement and supersedes all
-20-
1 previous negotiations , proposals , commitments , writings , advertisements , publications ,
2 and understandings of any nature whatsoever concerning the subject matter of this
3 Agreement unless expressly included in this Agreement. Notwithstanding anything stated
4 to the contrary in this Agreement , this Agreement shall not alter or otherwise affect the
5 Specific Plan , or any other condition or restriction imposed by COUNTY upon
6 development within the Specific Plan area , or within the Project Territory , or any other
7 agreement, if any , by and between DEVELOPER , or either of SUGER PINE or SHAVER
8 FOREST , and COUNTY.
9 35 . The part ies acknowledge that DEVELOPER , or either SUGAR PINE or
10 SHVAER FOREST , may also have entered into or will enter into other agreements with ,
11 and instruments in favor of, COUNTY . All such other agreements or instruments may
12 provide for separate additional agreements and covenants by DEVELOPER , or either
13 SUGAR PINE or SHVAER FOREST , and restrictions upon DEVELOPER , or either
14 SUGER PINE or SHAVER FOREST , and Developer's Real Property , all of which are in
15 favor of COUNTY above and beyond the provisions of this Agreement.
16 36. The parties agree that there are no intended third party beneficiaries of this
17 Agreement.
18 37. The parties agree that time is of the essence in the parties' performance of
19 their respective obligations under this Agreement.
20 38 . SUGAR PINE represents , covenants , and warrants that each person
21 executing this Agreement for SUGAR PINE is the duly authorized representative of
22 SUGAR PINE, and is fully authorized by SUGAR PINE to legally bind SUGAR PINE to
23 this Agreement according to its terms and conditions , to make all of the representations ,
24 covenants, warranties , and agreements provided herein, to make the petition and
25 requests of COUNTY provided herein , to give the consents and waivers provided herein,
-21-
1 and to vote (includ ing , by way of example and without limitation , authorizing other
2 representatives of SUGAR PINE to vote) for the Levy and Initial Appropriations Limit in
3 connection with this Agreement. SUGAR PINE further represents, covenants , and
4 warrants that SUGAR PINE is duly authorized to transact the type of business in the
5 State of California , which is covered by the subject of this Agreement.
6 39. SHAVER FOREST represents , covenants , and warrants that each person
7 executing this Agreement for SHAVER FOREST is the duly authorized representative of
8 SHAVER FOREST, and is fully authorized by SHAVER FOREST to legally bind SHAVER
9 FOREST to this Agreement according to its terms and conditions, to make all of the
10 representations , covenants , warranties , and agreements provided herein , to make the
11 petition and requests of COUNTY provided herein , to give the consents and waivers
12 provided herein , and to vote (including , by way of example and without limitation,
13 authorizing other representatives of SHAVER FOREST to vote) for the Levy and Initial
14 Appropriations Limit in connection with this Agreement. SHAVER FOREST further
15 represents, covenants , and warrants that SHAVER FOREST is duly authorized to
16 transact the type of business in the State of California , which is covered by the subject of
17 this Agreement.
18 40. DEVELOPER acknowledges that all of DEVELOPER's representations ,
19 covenants , warranties , and agreements herein , and petition and request herein, are a
20 material inducement for COUNTY to enter into this Agreement , and that COUNTY would
21 not have entered into this Agreement without all of them having been made herein.
22 41 . This Agreement may be executed in counterparts, each of which, when
23 executed, constitute one and the same Agreement.
24
25
-22-
1 IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be
2 executed as of the day and year first above written.
3
4
5
6
7
8
9
10
11
12
COUNTY OF FRESNO
D,eborah A. Poochi an
Chairman, Board o Supervisors
Attest: Clerk to the Board of Supervisors
Reviewed and recommended for
approval.
~z,v~
Alan Weaver, Director, Department of
Public Works and Planning
13 Approved as to accounting form.
Vicki Crow, CPA, Auditor-
14 Controller r~asurer-Tax Collector
·. '') ~
15 By: ____ ~~~~~~-------
16
Approved as to legal form.
17 Daniel C. Cederborg, County Counsel
By: ~)d( ~~ I'
18
19
20
21
22
23
Fund No.
24 Subclass
2400
34132
1450 Account No.
25
-23-
SHAVER FOREST DEVELOPMENT,
INC.
By:--~-----'=--==----~~·---
Darius Assemi, President
SUGAR PINE RIDGE PROPERTIES,
LLC
By: ______________________ _
1 IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be
2 executed as of the day and year first above written .
3 COUNTY OF FRESNO
4
By :_
5 Deborah A. Poochigian
Chairman , Board of Supervisors
6
Attest: Clerk to the Board of Supervisors
7
By : __________________ __
8
9 Reviewed and recommended fo r
approva l.
10
1 1 Alan Weave r, Director, Departmen t of
Public Works and P lanning
12
13 Approve d as t o account in g form
Vick i Crow, CPA, Audito r-
14 Controller/Treasure r-T a x Collecto r
15 By : ______________________ __
16
Approved as to legal form .
17 Daniel C . Cederberg , County Counse l
18 By : -----------------------
19
20
21
22
23
Fund No.
24 Subclass
Account No .
25
2400
34132
1450
-23-
SHAVER FOREST DEVELOPMENT ,
INC .
o ,,. uy. _________________ _
SUGAR PINE RIDGE PROPERTIES ,
LLC
EXHIBITA ~ ANNEXATION MAP NO. 8B OF COMMUNITY FACILITIES DISTRICT NO. 2006·01 (POLICE PROTECTION SERVICES), COUNTY OF FRESNO. STATE OF CAUFORNIA PREPARCO SY: STRAHM ENGINEERING ASSOCIATES, INC. 51 00 H. Slxlh Sl. I 117, FRESNO CA. 93710 PH. (559) 227-9690 FAX (559) 227-9860 I ,-f...._ . --r--r-...._ I { 1 7-IC I I 1 /'' I I \ I mAc1 Sf>88 I 1 _1 I ,A I I \/\/\ ·\...-.J..._y --~/'I J-~/' v -~ fD _\ (v/'j . L !(_'~ C _:. ' _j /p J.;-,-( r-1 ,......, I .-/ l I ,-\ \.-10 I II '-\~ i)jl ll/l n-1 r.~JHit\ ........ ,__.1\l-t.HMV .......... \"""""-'•1 "M f.tt 1 l/1/JOU Ul I I ' '('!/ '''" ,:l,l& :I p nl '< ,, "' ii:9 ,ft/Q ,f,·;-' ~~~~/ /t./, //' ,'t/ ,:t,:l ,:?/ /// l/l SITE #I J.EliEti.Q CD REMAINDER ! 200" •oo' Sc•le: , •• 200' TRACT 5688 AND REWJNDER/CFO BOUNDARY TRACT 5688 lOT liNES ASSESSUENT NUUBER 5688 &: REMAINDER I, HERESY CERTIFY THAT THE WITHIN WJ> SHOWING BOUNDARIES OF ANNEXAnDN NO. BB OF COUMUNITY FACIUT1ES DISTRICT No. 2DD6-0I (POUCE PROTECTION SERCICES), COUNTY OF FRESNO, STATE OF CAI.IRORNIA, WAS APPROVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ·FRESNO AT A REGUlAR MEETING THEREOF HElD ON THE --DAY OF , 20-BY ITS RESOlUT10N No. -----nlEO IN THE OFnCE OF THE ClERK TO THE BOARD OF SUPERVISORS THIS -----DAY or -----· 2D_ ClERK TO THE BOARD or SUPERVISORS OF THE COUNTY OF FRESNO nlEO THIS -OAY OF ------· 20_, AT THE HOUR OF ____ O'ClOCK _.M. IN BOOK __ PACE(S) ----or WJ>S or ASSESSMENT ANO COMMUNITY r::~~~~~~rg:~sTH'f~o~~S);~~~~~.:'fN-:TH=E""'c"'o"'u"'NTY"'""o"'r=-=rn:::ES=N:O, STATE or CAUFORNIA. DEPUTY RECORDER ---FRESNO COUNTY RECORDER THE UNES AND DIMENSIONS or EACH lOT OR PARCEl SHOWN ON THIS OIACRAI.I SHAll BE THOSE UNES AND OIUENSIONS AS SHOWH ON THE FRESNO COUNTY ASSESSOR'S WJ> FOR THOSE PARCElS USTEO. THE FRESNO COUNTY ASSESSOR'S WJ> SHAll CO\'ERN FOR AU. DETAil CONCERNING THE UNES AND OIUENSIONS OF SUCH lOTS AND PARCElS. THE BOARD or SUPEIMSORS or THE COUNTY or FRESNO APPROVED THE ORIGINAL BOUNDARY WJ> or THE DISTRICT, ENTITlED '\lAP or PROPOSED BOUNDARIES or COUUUNITY FACIUTIES DISTRICT NO. 2006-01 (POUCE PROTECTION SERVICES), COUNTY or FRESNO, STATE OF CAUFORNIA', WHICH WAS nl£D PURSUANT TO SECnDN 3 II I OF THE CAUFORNIA STREm AND HIGHWAYS CODE, ON APRil 3, 2006, IN BOOK 4 I, AT PACES 80 AND 81 OF WJ>S OF ASSESSMENT AND COMMUNITY rACIUT1ES DISTRICTS, IN THE OFnCE Or THE COUNTY RECORDER or THE COUNTY or FRESNO, STATE OF CAUFORNIA. AS INSTRUMENT NO. 20060068943. SHEET 1 or t SHEETS ~
EXHIBITB
COMMUNITY FACTI..ITIES DISTRICT
No. 2006-01
(Police Protection Services)
County of Fresno
ANNEXATION M_Al» PREPARATION REQUIREMENTS
This document is only intended to be a general guide for providing some basic
information concerning the preparation of Annexation Maps for Community Facilities
District No. 2006-01 (Police Protection Services) County ofFresno (also called the
Countywide Mello-Roos District for Police Protection Services). This document is not a
complete ~~of all of"the legal requirements that may apply to su,ch maps. Nor may :
this document be considered as legal advice concerning the legal requirements for .
preparing such maps.
It is the landowner's ~ole ~esponsibility to en~ure that Annex~tion Maps that it · ( · · .. ·
proposes to the County shall comply in all respects with the legal requirements , · ·
applicable to such maps. A landowner's failure to prepare its Annexation Map bl
full compliance with all legal requirements applicable to such map wiJI be grounds ·
for County staff to reject such map,· and to require the Jando·wner to re-submit;{.:·· !.
correct Annexation Map .. Such denial will likely cause a delay in the County's · · · · ·
processing of the a,ff~ctedproposed.annexation.. . ... ~·
All proposed Annexation Maps for Community Facilities District No. 2006-01 (Police · ·
Protection Services) County ofFresno must, at a minimum, comply with all ofthe legal''·;·
requirements of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 ·
(commencing with Section '53311) of Part 1 ofDivision 2 of Title 5 of the Government ·
Code), and all of the legal requirements of Division 4.5 (Notice Of Special Assessment~ :
Special Tax, And Foreclosme Proceedings), of the Streets and Highways Code
(commencing with Section 31 00).
Without limiting the generaHty of the foregoing, all proposed Annexation Maps must
comply with all of the following minimum legal requirements set forth in the following
sections of the Streets and Highway Code:
§ 3110.5. Proceedings in connection with a community facilities district; separate
map of area proposed to be annexed ·
"In the case of annexation proceedings in connection with a community facilities district,
a separate map of the !lfea proposed to be annexed shall be prepared and adopted by the
legislative body by resolution or ordinance prior to the hearing on the proposed ·
annexation. It shall be entitled 'Annexation Map No . ----of Community Facilities
District No. [2006-01 (Police Protection Services), County ofFresno]1, Califor:lla' and
1 Brackets denote language added by the County so that such information is tailored to the County's
Community Facilities District. Proposed Annexation Maps need to include such tailored infonnntion, but,
the bmckets need to be rt:moved.
I
.. ·, ..
shall reference by title, book, page, and recording date, the original (or if it has been
amended, the most recent) boundary map of the community facilities district The
provisions of this part shall apply to the annexation map in all other respects as if it were
an original community facilities district boundary map [See below for provisions
applicable, generally, to commzmity facilities district boundary maps]. Annexation shall
not be considered modification or amendment of the boundaries of the community
facilities district for purposes of this part, although an annexation map may be modified
or amended.,
§ 3110. Description of boundaries; map
"(a) The proposed boundaries of the district to be specially taxed ... in proceedings shall
be descn'bed by resolution or ordinance adopted by the legislative body prior to the
hearing on. th.e formation or extent of the district. The description of the proposed .: .. ; -~-: · ,_. • · . ,.-·
. boupdaries shall be by reference to a map of the district which shall indicate by a · '.:' ;:.: , · · -· · : ..
boundary line the extent of the territory included in the proposed district and the map r =·
shall govern for all details as to the extent of the district The map sba11 also contain the · · ... ·
. name of the [County] and a diStinctive designation:. in words or by number, of the district ;·:·. ~·
sboWll on the map. , -' · .·' -·~ ........ ·
· (b):Th~ map ,~baJl be leg~'bly drawn, printed ~r reproduced by a process that provides a<_::~,.: ::•
. ':.=-·.
... _ ..
.,·, · .... :· .
. . : peirn~ent record. Each sheet of paper or other material used· for the map shall be 18 by·:·:.;: .• :
26 inches in ~ize, sh~ have clearly shown therein the particular nmnber of the sheet, the -:· ·, ·
total n:umber of sheets comprising the map, and its relation to each adjoining she~t, an&~·-.= ·. · ·
shall have encompassing its border a line that leaves a blank margin one inch in width(::·: '· · . . . .. ~ ; .... )
. The p:1ap shall be labeled substantially as follows: Proposed Boundaries of
. [(Annexation Map No.-----of Community Facilities District No. 2006-01 (Police:
Protection S~rvi<;;es) County ofFresno)], State of California.
If the map consists of more than one page, the same entitlement shall be on each page.
The map shall also have thereon legends reading substantially as follows:
(Clerk of the [Board of Supervisors of the County ofFresno])
(I) Filed in the office of the (clerk of the [Board of Supervisors ofthe County of
Fresno]) this---day of-(20]--.
(2) I hereby certify that the within map showing proposed boundaries of (here insert
[Annexation Map No.--of Community Facilities District No. 2006-01 {Police
Protection Services), County of Fresno]), State of California, was approved by the [Board
of Supervisors of the County of Fresno] at a regular meeting thereof, held on the --
day of--, [20] --,by its Resolution No. ---. [(Clerk to the Board of Supervisors,
County ofFresno)]
2
. . ~ '\
(3) Filed this-day of--, [20]-, at the hour of--o'clock -am. in Book-
-of Maps of Assessment and Community Facilities Districts at page--, in the office
ofthe county [ofFresno.]
(County Recorder of County of [Fresno]) recorder in the County of [Fresno], State of
California."
-END-
.... ...
., ··.;
.... •.
3
EXHIBIT C
COMMUNITY FACILITIES DISTRICT NO. 2006-01
(POLICE PROTECTION SERVICES)
OF THE COUNTY OF FRESNO
SPECIAL TAX RATE AND METHOD OF APPORTIONMENT
(Commencing as of Fiscal Year 2014-15)
A Special Tax of Community Facilities District No . 2006-01 (Police Protection Services)
of the County of Fresno ("CFD") shall be levied on all Assessor's Parcels in the CFD
and collected each Fiscal Year commencing in the Base Year in an amount determined
by the County through the application of the rate and method of apportionment of the
Special Tax set forth below. All of the real property in the CFD, unless exempted by law
or by the provisions hereof, shall be taxed for the purposes, to the extent and in the
manner herein provided .
This Special Tax Rate and Method of Apportionment uses the Special Tax Rate and
Method of Apportionment for the original CFD . Any differences between the text of this
Special Tax Rate and Method of Apportionment, and the text of the Special Tax Rate
and Method of Apportionment for the original CFD, are updated provisions herein (e.g.,
definition of Base Year, and the Maximum Special Tax Rates Per Unit commencing as
of the Base Year (which are subject to increases in subsequent Fiscal Years, as
provided herein)) that would conform this Special Tax Rate and Method of
Apportionment to the Special Tax Rate and Method of Apportionment for the original
CFD.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Act" means the Mello-Roos Community Facilities Act of 1982 , as amended
from time to time following the establishment of the CFD, being Chapter 2.5, Part
1, Division 2 of Title 5 of the Government Code of the State.
"Administrative Expenses" means all actual and/or estimated costs and
expenses directly incurred by the County as administrator of the CFD to
determine, levy and collect the Special Taxes , including, but not limited to, the
portion of salaries, wages and benefits of County officers and employees related
to the determination, levy and collection of the Special Taxes, and all fees and
September 16, 2014 Page 1 Community Facilities District No. 2006-01
(Police Protection Services)
of the County of Fresno
expenses of consultants , agents , third -party admin istrator(s) designated by the
CFD Administrator, and legal counsel, related to the determination, levy and
collection of the Special Taxes , and all costs and expenses of collecting
installments of the Special Taxes upon the general tax rolls or by any other
manner of collections as set forth in Section F , below, and preparing required
reports, and conducting audits , if deemed necessary by the County; and any
other costs and expenses directly incurred, which are required to administer the
CFD as determined by the County. On each July 1 following the Base Year, all of
the foregoing costs and expenses automatically shall be increased for each
Fiscal Year in accordance with the Annual Escalation Factor, provided however,
on each July 1 for each third subsequent Fiscal Year, commencing with Fiscal
Year 2014-15 , the Annual Escalation Factor shall be reduced by an Escalation
Factor Adjustment, if any. Notwithstanding anything contained in this definition of
Administrative Expenses, the amount of Administrative Expenses in any Fiscal
Year that may be included in the Special Tax Requirement for that Fiscal Year
shall not exceed ten percent (10%) of the Special Tax Requirement for that
Fiscal Year.
"Annual Escalation Factor" means the sum: of (i) the annual increase in the
Consumer Price Index ("CPI ") for Urban Wage Earners and Clerical Workers in
the San Francisco;..Qakland-San Jose Consolidated Metropolitan Statistical Area
as reflected in the then-current April update ; and (ii) three percent (3%) of the
then-current Police Protection Services Costs . The annual CPI used shall be as
determined by the United States Department of Labor, Bureau of Labor
Statistics, and may be obtained through the California Division of Labor Statistics
and Research (www.dir.ca.gov/dlsr as of June 2 , 2012). If the foregoing index is
not available, the County Board shall select, and thereby shall be authorized to
use, a comparable index.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map
with an assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County
designating parcels by assessor's parcel number.
"Base Year" means the Fiscal Year ending June 30, 2015 .
"CFD Administrator" means an official of the County, or his or her designee
(including, but not limited to , County officer(s), employee(s) and third-party
administrator(s)), responsible for determining the Special Tax Requirement and
providing for the levy and collection of the Special Taxes .
"CFD" means Community Facilities District No. 2006-01 (Police Protection
Services) of the County of Fresno .
"County" means the County of Fresno , California.
"County Board" means the Boa rd of Supervisors of the County, acting as the
legislative body of the CFD .
September 16, 2014 Page2 Community Facilities District No. 2006-01
(Police Protection Services)
of the County of Fresno
"Developed Property" means all Taxable Property within the boundaries of the
CFD for which a permit for occupancy of a residential unit has been issued (i)
anytime on or prior to January 1 , 2013 for the Base Year , and (ii) anytime after
January 1st and prior to May 1st (e .g., for the Base Year, this would be January 1 ,
2013 and May 1 , 2013) preceding each Fiscal Year in which the Special Tax is
being levied. Once a Taxable Property has been designated as Developed
Property, it shall retain such status permanently (provided however, if the Land
Use Class(es) for any Developed Property subsequently changes, the Land Use
Class(es) for such Developed Property automatically shall change accordingly
pursuant to the rate and method of apportionment of the Special Tax, as
provided herein), and shall be subject to the Special Tax each Fiscal Year as
provided herein , unless such Taxable Property subsequently shall become and
retain such status as Tax-Exempt Property. There shall not be any proration or
reduction of the Special Tax levy for any Taxable Property , or refund of the
Special Tax for any Taxable Property , for any Fiscal Year in which any such
Taxable Property becomes Tax-Exempt Property.
"Escalation Factor Adjustment" means the calculation based on the following
formula: (1) calculate the annual increases of all of the applicable costs and
expenses for each of the prior two Fiscal Years plus the reasonably estimated
increase of the applicable costs and expenses for the then-current Fiscal Year;
(2) calculate the percentage of each of such increases of all of the applicable
costs and expenses in each of such Fiscal Years over each of the prior Fiscal
Years (collectively, the "Cumulative Increase"); (3) calculate the sum of the
Annual Escalation Factors fo r the prior two Fiscal Years plus the Annual
Escalation Factor for the then-current Fiscal Year (collectively, the "Cumulative
Annual Escalation Factor"); (3) if the Cumulative Increase is less than Cumulative
Annual Escalation Factor, then the difference thereof shall be the amount of the
Escalation Factor Adjustment ; (4) if the Cumulative Increase is equal to or
greater than the Cumulative Annual Escalation Factor, then the amount of the
Escalation Factor Adjustment shall be zero .
"Fiscal Year" means the period starting July 1 and ending on the following
June 30 .
"Land Use Class" means any of the classes listed in Table 1 of Section C,
below.
"Maximum Special Tax" means the maximum Special Tax, determined in
accordance with Section C, below, that may be levied in the CFD in any Fiscal
Year on any Assessor's Parcel.
"Multi-Family Property" means all Assessor's Parcels of Developed Property
within the boundaries of the CFD for which a building permit has been issued for
purposes of constructing a residential structure consisting of two or more
residential units that share common walls , including, but not limited to, duplexes,
triplexes, townhomes , condominiums , and apartment units .
September 16, 2014 Page3 Community Facilities District No. 2006-01
(Police Protection Services)
of the County of Fresno
"Non-Residential Property" means all Assessor's Parcels of Developed
Property within the boundaries of the CFD for which a building permit has been
issued for a non-residential use and does not contain any residential units as
defined under Residential Property or Multi-Family Property.
"Property Owner Association Property" means any property within the
boundaries of the CFD that is owned by, or irrevocably dedicated as indicated in
an instrument recorded with the County Recorder to, a property owner
association, including any master or sub-association.
"Proportionately" means in a manner such that the ratio of the actual Special
Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels within
each Land Use Class.
"Public Property" means any property within the boundaries of the CFD that is,
at the time of the establishment of the CFD, and as determined by the CFD
Administrator, expected to be used for rights-of-way, parks, schools or any other
public purpose and is owned by or irrevocably offered for dedication to the
federal government, the State, the County or any other public agency, provided
however, that any property leased (or property in which there is a grant of a
possessory interest) by a public agency to a private entity or person and subject
to taxation under section 53340.1 of the Act, and any property described in
section 53317.3 or 53317.5 of the Act, shall not be considered Public Property
but shall be classified and taxed in accordance with its use. Once an Assessor's
Parcel has been designated as Public Property, it shall retain such status
permanently, unless such Public Property subsequently shall become Taxable
Property.
"Police Protection Services Costs" means the actual and/or estimated costs
and expenses of the County Sheriff's Office to provide police protection services
within the CFD, including, but not limited to, (i) all salaries, wages and benefits of
all County sworn officers providing police protection services within the CFD, (ii)
all related equipment, vehicles, and supplies for all such services, and (iii) all
County overhead costs associated with providing or paying for all such services
(and all such related costs and expenses) within the CFD. The Special Tax
provides only partial funding for Police Protection Services Costs within the CFD.
On each July 1 following the Base Year, all of the foregoing costs and expenses
automatically shall be increased for each Fiscal Year in accordance with the
Annual Escalation Factor, provided however, on each July 1 for each third
subsequent Fiscal Year, commencing with Fiscal Year 2014-15, the Annual
Escalation Factor shall reduced by an Escalation Factor Adjustment, if any.
"Residential Property" means all Assessor's Parcels of Developed Property
within the boundaries of the CFD for which a building permit has been issued for
purposes of constructing one residential unit.
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each
Assessor's Parcel of Developed Property within the boundaries of the CFD to
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fund the Special Tax Requirement, and shall include Special Taxes levied or to
be levied under Sections C and D, below.
"Special Tax Requirement" means that amount required in any Fiscal Year for
the CFD to: (a) (i) pay for Police Protection Services Costs; and (ii) pay
reasonable Administrative Expenses; less (b) a credit for funds available, if any,
to reduce the annual Special Tax levy, as determined by the CFD Administrator.
"State" means the State of California .
"Taxable Property" means all of the Assessor's Parcels within the boundaries of
the CFD that are not exempt from the Special Tax pursuant to law or as defined
below.
"Tax-Exempt Property" means an Assessor's Parcel within the boundaries of
the CFD not subject to the Special Tax. Tax-Exempt Property only includes: (i)
Public Property, (ii) Non-Residential Property, and (iii) Property Owner
Association Property.
"Undeveloped Unit" means a building or structure for which a building permit
has been issued, and either (i) such building or structure has a value of less than
50% of the value of either (x) the existing residential unit on Residential Property,
or (y) the lowest valued existing unit (as calculated as a proportionate percentage
of the total building value) on Multi-Family Property, (ii) such building or structure
consists of less than 500 square feet, or (iii) notwithstanding the definitions of
Multi-Family Property and Residential Property, such building permit has been
issued for the reconstruction of a residential unit as a result of extraordinary
damage or destruction to such residential unit, such as fire, flood or earthquake,
and either (x) there has not yet been issued by the appropriate building official a
permit for occupancy of such residential unit by May 1st preceding the applicable
Fiscal Year in which the Special Tax is being levied, or (y) the appropriate
building official has not determined that such residential unit has been occupied
by a person as his or her dwelling as of May 1st preceding the applicable Fiscal
Year in which the Special Tax is being levied. Any determination of the nature or
status of such buildings, structures, or residential units, or their values, sizes, and
uses shall be made by the CFD Administrator or his or her designee.
"Unit" means any residence in which a person or persons may live, and is not
considered to be for commercial or industrial use.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the
boundaries of the CFD shall be classified as Developed Property. Developed
Property shall be further assigned to a Land Use Class as specified in Table 1 of
Section C, below, and shall be subject to Special Taxes pursuant to Sections C
and D below.
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C. MAXIMUM SPECIAL TAX RATES
1. Developed Property
TABLE 1
Maximum Special Tax Rates for Developed Property
(Commencing as of the Base Year,
and subject to increases in subsequent Fiscal Years,
as provided herein)
Land Use
Class
1
2
Community Facilities District No. 2006-01
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Of the County Of Fresno
Maximum Special Tax
Description Rate Per Unit
Residential Property $626.99 per Unit
Multi-Family Property $462.55 per Unit
On each July 1 following the Base Year, the Maximum Special Tax Rates
automatically shall be increased for each Fiscal Year in accordance with the
Annual Escalation Factor, provided however, on each July 1 for each third
subsequent Fiscal Year, commencing with Fiscal Year 2014-15, the Annual
Escalation Factor shall reduced by an Escalation Factor Adjustment, if any.
2. Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may
contain more than one Land Use Class. The Maximum Special Tax levied
on an Assessor's Parcel shall be the sum of the Maximum Special Tax
levies that can be imposed on all Land Use Classes located on that
Assessor's Parcel.
Ill
Ill
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3. Undeveloped Units and Tax-Exempt Property
No Special Tax shall be levied on Undeveloped Units or Tax-Exempt
Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with the Base Year, and for each following Fiscal Year, the CFD
Administrator shall calculate the Special Tax Requirement based on the Special
Tax Rate and Method of Apportionment of the CFD and levy the Special Tax until
the amount of the Special Tax levied equals the Special Tax Requirement. The
Special Tax shall be levied in the amount of the Special Tax Requirement each
Fiscal Year on each Assessor's Parcel of Developed Property Proportionately,
but not more than 100% of the applicable Maximum Special Tax.
E. APPEALS
Any taxpayer who believes that the amount of the Special Tax assigned to his or
her lot or parcel is in error may file a written notice with the CFD Administrator
appealing the levy of the Special Tax, provided that the taxpayer has fully paid
his or her Special Tax for such Parcel on or before the payment date established
for such Special Tax. Such notice is required to be filed with the CFD
Administrator during the Fiscal Year that the error is believed to have occurred.
The notice must specify the Parcel, the amount of the levy of the Special Tax,
and reason(s) why the taxpayer claims that the amount of the Special Tax is in
error.
The CFD Administrator or his or her designee will then promptly review the
appeal and, if necessary, meet with the taxpayer. If the CFD Administrator or his
or her designee agrees with the taxpayer that the amount of the Special Tax for
such Parcel should be changed, the Special Tax levy for such Parcel shall be
corrected accordingly and, if applicable in any case, a refund of such erroneous
amount collected shall be granted.
If the CFD Administrator or his or her designee disagrees with the taxpayer, and
the taxpayer is dissatisfied with such determination, the taxpayer shall have thirty
(30) calendar days, from the date that he or she receives notice of such
determination in which to appeal to the County Board by filing a written notice of
appeal with the Clerk to the County Board, provided that the taxpayer is current
in his or her payment of Special Taxes for such Parcel. The notice of appeal
must specify the Parcel, the amount of the levy of the Special Tax, the reason(s)
why the taxpayer disagrees with the CFD Administrator's determination, and why
the taxpayer claims that the amount of the Special Tax is in error.
The County Board will hear the taxpayer's appeal, and make a determination
whether to affirm, modify or reverse the determination of the CFD Administrator
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or his or her designee. If the County Board agrees with the taxpayer that the
amount of the Special Tax for such Parcel should be changed, the Special Tax
levy for such Parcel shall be corrected accordingly and, if applicable in any case,
a refund of such erroneous amount collected shall be granted. Any such
determination of the County Board shall be provided to the taxpayer, and shall be
final and conclusive.
Any filing by a taxpayer of any notice of appeal with the CFD Administrator, or
any appeal with the Clerk to the County Board, shall be deemed to be made
when such notice of appeal is delivered to CFD Administrator, or when such
appeal is delivered to the Clerk to the County Board.
F. MANNER OF COLLECTION
The Special Tax levied pursuant to section D, above, shall be collected in the
same manner as ordinary ad valorem property taxes are collected and shall be
subject to the same penalties and the same procedure, sale, and lien priority in
case of delinquency as is provided for ad valorem taxes; provided, however, the
CFD Administrator may directly bill the Special Tax, may collect Special Taxes at
a different time or in a different manner if necessary to meet the financial
obligations of the CFD or as otherwise determined appropriate by the CFD
Administrator.
G. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity or until such time as the County
Board terminates the Special Tax .
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September 16, 2014 Page a Community Facilities District No. 2006-01
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