HomeMy WebLinkAboutAgreement No. 24-630-Family Farms LLC and Dunkie.pdf Agreement No. 24-630
24-1028
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this 3rd day of December , 2024 by and
3 between the COUNTY OF FRESNO, a political subdivision of the State of California ("COUNTY"),
4 Family Farms, LLC, a California limited liability company ("DEVELOPER"), and Bryant A. Dunkle and
5 Carolyn G. Dunkle (Bryant A. Dunkle and Carolyn G. Dunkle, together are "Dunkle"). DEVELOPER
6 and Dunkle will be referred to collectively herein as "Landowners."
7 WITNESSETH
8 WHEREAS, Policy PF-G.2 of the 2000 Fresno County General Plan Update ("Policy") regarding
9 the provision of COUNTY law enforcement services states that COUNTY shall strive to maintain a
10 staffing ratio of two (2) sworn officers serving unincorporated residents per 1,000 residents served, and
11 that this count of officers includes all ranks of deputy sheriff personnel and excludes all support
12 positions and all sworn officers serving countywide population interests such as bailiffs, and sworn
13 officers serving contract cities and grant specific populations (collectively, "Law Enforcement Services");
14 and
15 WHEREAS, Landowners desire to a record their Tract Map No. 6382 ("Map"), providing for
16 certain planned residential developments, in the Office of the Fresno County Recorder, and
17 WHEREAS, all of the full legal parcels, which are identified by Assessor's parcel numbers, and
18 which fully include such territory as identified above, are shown in Exhibit A ("Project Territory"), which
19 is attached hereto and incorporated herein; and
20 WHEREAS, the Project Territory is located within the unincorporated area of COUNTY; and
21 WHEREAS, DEVELOPER is the sole owner of the entire fee interest of the one parcel identified
22 with the assessment number 1" in Exhibit A, and Dunkle is the sole owner of the entire fee interest of
23 the one parcel identified with the assessment number "2" of Exhibit A; and
24 WHEREAS, COUNTY has determined that funding from COUNTY's own sources will likely be
25 insufficient to provide the level of Law Enforcement Services specified by Policy in the Project Territory;
26 and
27 WHEREAS, as a condition of Landowners recording a final subdivision map in the Office of the
28 COUNTY Recorder, COUNTY has required that there shall be a Community Facilities District ("CFD")
1
1 under the Mello-Roos Community Facilities Act of 1982 (Gov. Code, §§ 53311 et seq.; "ACT") that will
2 utilize landowner voter approved special taxes stated herein (collectively, "Special Taxes") and levied
3 annually thereafter upon all nonexempt real property in such territory in order to provide for the ongoing
4 financing for the continual provision of Law Enforcement Services in that area; and
5 WHEREAS, to the extent that any area within the Project Territory is not a full legal parcel,
6 identified by Assessor's Parcel Number (APN), the parties desire that this Agreement shall apply to the
7 remainder of the Project Territory in order to meet the requirements of ACT; and
8 WHEREAS, the COUNTY has established CFD No. 2006-01 ("District")' to provide financing for
9 the continual provision of Law Enforcement Services in the unincorporated areas of Fresno County
10 where such District has been established, and where territory has been annexed and incorporated to
11 such District; and
12 WHEREAS, Landowners are agreeable to the COUNTY's use of the subject District to provide
13 financing for the continual provision of Law Enforcement Services for the Project Territory by the
14 COUNTY annexing all of the Project Territory to the District and incorporating the territory therein,
15 subject to the terms and conditions of this Agreement; and
16 WHEREAS, this Agreement is being entered into by and between the COUNTY and
17 Landowners (COUNTY and the Landowners, together, also referred to herein as "parties"), to authorize
18 the COUNTY to annex the Project Territory to the District for the imposition of liens upon all nonexempt
19 real property located in the Project Territory, in order to secure the full and timely payment of the
20 Special Taxes under ACT (collectively, the "Lien"), to impose the Lien, and to annually levy the Special
21 Taxes upon all nonexempt real property located in the Project Territory (collectively, the "Levy"); and
22 WHEREAS, this Agreement also is being entered into to allow the Landowners to place
23 sufficient funds in a trust account with COUNTY to cover the fees, costs, and expenses incurred by
24 COUNTY, in implementing the procedures to finance the Law Enforcement Services, including, but not
25
26 1 Notwithstanding anything stated to the contrary in this Agreement, the Landowners acknowledge and
27 agree that COUNTY reserves the right, in its sole discretion, to establish a new, separate CFD for Law
Enforcement Services for the Project Territory, otherwise pursuant to this Agreement. In such instance,
28 all references herein to the District shall mean such CFD.
2
1 limited to, conducting all such public hearings and proceedings in connection with annexing and
2 incorporating the Project Territory to the District, developing the method of apportionment of the Special
3 Taxes, imposing the Special Taxes, implementing the Special Taxes (including, but not limited to,
4 recording any notice of Lien and imposing the initial Levy), processing, reviewing, and preparing
5 documents and comments, and performing other work and activities in connection with all such matters
6 (collectively, the "Special Tax Activities"); and
7 WHEREAS, the Landowners will deposit funds with the COUNTY as described in this
8 Agreement so that COUNTY can proceed with the Special Tax Activities, as provided herein.
9 NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter
10 contained and agreed to, and for other good and valuable consideration, the adequacy and receipt of
11 which are hereby acknowledged, the parties agree as follows:
12 1. Except as otherwise expressly provided in this Agreement, DEVELOPER and
13 Dunkle are jointly and severally liable for each obligation of Landowners under this Agreement.
14 2. Landowners shall fully cooperate with COUNTY in timely providing adequate and
15 materially accurate information to COUNTY and COUNTY's special tax consultant ("COUNTY's
16 Consultant"), if any, that COUNTY and COUNTY's Consultant shall deem necessary for the COUNTY's
17 annexation of the Project Territory to the District and imposition of the Lien and initial Levy, including by
18 way of example but without limitation the following, which shall be to the reasonable satisfaction of
19 COUNTY and COUNTY's Consultant:
20 A. An annexation map prepared and provided by DEVELOPER in full compliance
21 with the minimum requirements of Exhibit B, Annexation Map Preparation Requirements (which is
22 attached hereto and incorporated herein); such annexation map shall fully and accurately set forth the
23 exterior boundaries of the Project Territory, and all other information in the form and content required by
24 law for annexation maps; the Project Territory shall contain the entirety of any and all parcels therein
25 subject to taxation by the proposed annexation (all parcels in the Project Territory shall be full legal
26 parcels identified by APNs); and
27 B. APNs of all parcels included in the Project Territory, to be included in the
28 annexation by the District, and subject to any and all conditions of this agreement; and
3
1 C. Information concerning ownership of the land by Landowners within the Project
2 Territory, and number of registered voters, if any, within the Project Territory; and
3 D. If requested by COUNTY, current and updating title report for parcels to be
4 included in the Project Territory (including documents which are exceptions to title in such report(s));
5 and
6 3. COUNTY or COUNTY's Consultant may request Landowners to update any or all of the
7 foregoing information, instruments, documents, reports or records during COUNTY's proceedings to
8 annex the Project Territory to the District, and to impose the Lien and the Levy, so that such information
9 shall be current at the time COUNTY takes such action that is based on such information, instruments,
10 documents, reports or records.
11 4. DEVELOPER represents, covenants, warrants and agrees that it is the is the sole owner
12 of the entire fee interest of the one (1) real property parcel identified with the assessment number 1" in
13 Exhibit A, including all rights, title and interest therein, and all land and improvements thereon and
14 therein described by its respective tract map, parcels, or both, identified above (collectively,
15 "Developer's Real Property"), located in the Project Territory.
16 5. Dunkle represents, covenants, warrants, and agrees that it is the sole owner of the entire
17 fee interest of the one (1) real property parcels identified with the assessment number "2" in Exhibit A,
18 including all rights, title, and interest therein, and all land and improvements thereon and therein
19 described by its respective tract map, parcels, or both, identified above ("Dunkle's Real Property"),
20 located in the Project Territory.
21 6. Landowners represent, covenant, warrant and agree that there always have been, always
22 are, and always will be less than twelve (12) registered voters residing in the Project Territory from
23 ninety (90) days before the parties' execution of this Agreement, and continuing thereafter without
24 interruption through and until the conclusion of the proceedings for the annexation of the Project
25 Territory to the District, and the imposition of the Lien upon all nonexempt real property located in the
26 Project Territory, in order to permit COUNTY to proceed with and successfully complete the landowner
27 voter election procedures for the proposed annexation, as authorized under Government Code sections
28 53339.7 and 53326, and the recordation of the amendment to the notice of Lien under Government
4
1 Code section 53339.8, and Streets and Highway Code section 3117.5. Landowners acknowledge and
2 agree that COUNTY will be proceeding with the annexation of the Project Territory to the District under
3 such landowner voter election procedures, based upon such representations, covenants, warranties
4 and agreements of Landowners.
5 7. Pursuant to Government Code section 53339.2 and, to the extent that it applies,
6 Government Code section 53318(c), Landowners hereby petition and request that COUNTY
7 immediately commence and pursue to completion, and institute all proceedings pursuant to the ACT, to
8 annex the Project Territory to the District, to establish and/or confirm the Initial Appropriations Limit
9 (defined below), to create and impose the Lien upon all of the nonexempt real property located in the
10 Project Territory according to the maximum rates of the annual Special Taxes (including inflationary
11 adjustments thereto) for the purpose of funding provision of Law Enforcement Services, as stated in the
12 Special Tax Rate and Method of Apportionment in Exhibit C (which is attached hereto and incorporated
13 herein), and annually thereafter to levy the Special Taxes upon all nonexempt real property located
14 within the Project Territory, all for the purpose of the provision of the Law Enforcement Services in the
15 Project Territory in accordance with COUNTY Policy, provided:
16 A. All proceedings to annex the Project Territory to the District and to establish
17 and/or confirm the Initial Appropriations Limit, and to record the amendment to the notice of Lien (but
18 excluding the imposition of the Levy) shall be completed no later than February 11, 2025; and
19 B. At the time that the annexation is completed, the then-current maximum
20 rates of the annual Special Taxes (including inflationary adjustments thereto), for the purpose of
21 funding provision of Law Enforcement Services, shall be as stated in the Special Tax Rate and Method
22 of Apportionment in Exhibit C hereto.
23 C. That said completion date shall not be construed as limiting the COUNTY's
24 Board of Supervisor's ("Board") discretion to continue associated Board actions as the Board, in its sole
25 and absolute discretion, may deem appropriate.
26 D. That, in the event the Board continues any associated actions, or if
27 circumstances beyond the control of COUNTY arise that preclude completion by the date specified
28
5
1 hereinabove, then the expiration date of this Agreement shall hereby be deemed extended to the extent
2 necessitated by such Board actions or circumstances beyond the control of COUNTY.
3 8. Landowners represent and warrant that the Project Territory constitutes one hundred
4 percent (100%) of the area of land which Landowners propose to be annexed to and included within the
5 District, that not all of such area is exempt from the Special Tax, and that all parcels in the Project
6 Territory at the time of annexation, are full legal parcels identified by APNs.
7 9. Landowners hereby request that the COUNTY file this petition and request with the
8 COUNTY's Clerk to the Board of Supervisors. Landowners further petition and request that the
9 COUNTY Board of Supervisors immediately proceed with any and all actions or proceedings necessary
10 to accomplish matters in connection therewith.
11 10. Landowners seek to facilitate said petition and request by, to the greatest extent allowed
12 by law, hereby expressly waiving any and all notices, minimum noticing periods, procedures, and
13 substantive requirements otherwise required under or provided by:
14 A. ACT, including, by way of example and without limitation, Article 3.5
15 (commencing with section 53339) of ACT regarding the proceedings to annex the Project Territory to
16 the District; and
17 B. Government Code Sections 54950 through 54962, inclusive, regarding notices of
18 and holding of public meetings of the COUNTY's Board; and
19 C. Government Code Section 53739, regarding the setting of the rate for taxes,
20 including an inflationary adjustment; and
21 D. Article 3.5 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code
22 (Sections 50075 through and 50077, inclusive), regarding special taxes; and
23 E. The applicable provisions of Article 3.7 of Chapter 4 of Part 1 of Division 2 of Title
24 5 of the Government Code (Sections 53720 through and 53730, inclusive; as applicable) regarding
25 special taxes; and
26 F. Any other provisions of the Constitution of the United States, the Constitution of
27 the State of California, and any and all other laws and regulations enacted thereunder by governing
28
6
1 legal authorities or political subdivisions thereof, whether in law or equity, with regard to and including,
2 but not limited to:
3 i. The adoption of any ordinances or resolutions; or
4 ii. Filing of any reports (including, but not limited to engineer's reports),
5 plans or studies concerning Law Enforcement Services and their related (or estimated) costs (as under
6 Government Code Section 53321.5, but not limited thereto); or
7 iii. Filing of any reports, plans, or studies concerning a plan for sharing
8 services to be provided in common between the current District and the annexed Project Territory (as
9 under Government Code Section 53339.3, but not limited thereto); or
10 iv. The giving of any notices, holding of any meetings or hearings, right of
11 majority protest and objections (including objections concerning the regularity or sufficiency of the
12 proceedings for the establishment of the District and/or the annexation of the Project Territory to the
13 District; the recordation of the amendment to the notice of Lien; and the imposition of the Lien or Levy
14 of the Special Tax upon nonexempt properties located in the Project Territory; but not limited thereto);
15 or
16 V. The right to vote, election requirements, the manner and timing of
17 distributing ballots and elections materials to voters (including instructions for proposed voting
18 procedures), the collecting and canvassing of voted ballots, time limits for election; and
19 G. Expressly supports COUNTY's annexation of the Project Territory to the District,
20 he Levy of the Special Tax and the Initial Appropriations Limit (defined below), the recordation of the
21 3mendment to the notice of the Lien against the properties shown in Exhibit A, and the imposition of the
22 Jen and Levy on all nonexempt properties located in the Project Territory, all for the continual provision
23 f Law Enforcement Services in the Project Territory, without completion of or compliance with any such
24 iotices, minimum noticing periods, time limits, procedures or substantive requirements.
25 11. Without limiting the generality of any of the foregoing, and to the greatest extent allowed
26 by law, DEVELOPER and Dunkle each hereby expressly waives:
27 A. Any and all time limits and requirements in connection with the conduct of the
28 election of the Levy referred to in Government Code Sections 53339.7 and 53326(a); and
7
1 B. The impartial analysis and arguments and rebuttals, if any, in connection with the
2 election by the qualified landowner voters for the vote of the Levy referred to Government Code Section
3 53327; and
4 C. Any and all objections for other procedures and substantive requirements in
5 connection with the regularity and sufficiency of an election and time limits for the calling for an election
6 of the Levy in the proposed Project Territory, and for performance by any COUNTY election official for
7 the vote of such Levy; including, but not limited to, the manner and timing of distributing ballots and
8 elections materials (including instructions for proposed voting procedures) to voters and collecting and
9 canvassing voted ballots; and
10 D. Any and all rights under Articles XIIIA, section 4, XIIIC and XIIID of the California
11 Constitution regarding special taxes and the right, under Article XIIIC of the California Constitution and
12 any other provision of the California Constitution and of any laws, to the initiative power to reduce or
13 repeal local taxes; and
14 E. Any and all rights under Article 3 (commencing with Section 53330) of ACT to
15 reduce or repeal the Special Tax, to terminate the Levy, and to eliminate or reduce Law Enforcement
16 Services; and
17 F. Any and all objections to the COUNTY's establishment and/or confirmation of the
18 initial appropriation limit for the District, including the Project Territory, and/or of the then-current
19 appropriations limit for the District, including the Project Territory, which may be subject to future
20 adjustment as provided by the California Constitution or other law (collectively, the "Initial
21 Appropriations Limit"), pursuant to Article XIIIB of the California Constitution, and Section 53325.7 of
22 the Government Code.
23 12. Notwithstanding any provisions to the contrary in this Agreement, COUNTY agrees that
24 all proceedings to annex the Project Territory to the District, to establish and confirm the Initial
25 Appropriations Limit, and to record the amendment to the notice of the Lien (but excluding the
26 imposition of the Levy) shall be completed no later than February 12, 2025, and at the time that the
27 annexation of the Project Territory to the District is completed, the then-current maximum rates of the
28 annual Special Tax (including inflationary adjustments thereto), for the purpose of funding provision of
8
1 Law Enforcement Services, shall be as stated in Exhibit C, which is attached hereto and incorporated
2 herein. Provided, however, that this shall not be construed as limiting the COUNTY's Board discretion
3 to continue associated Board actions as the Board, in its sole and absolute discretion, may deem
4 appropriate. In the event that the Board continues any associated actions, or other circumstances
5 beyond control of COUNTY arise that preclude completion by February 11, 2025, then the expiration
6 date of this Agreement shall hereby be deemed extended to the extent necessitated by such Board
7 actions or circumstances beyond the control of the COUNTY. Nothing contained in this Agreement
8 prohibits or limits, nor shall it be deemed to prohibit or limit, COUNTY from conducting subsequent
9 proceedings for the increase of such maximum rates of the Special Tax (including inflationary
10 adjustments thereto) or the District's (including the Project Territory) appropriations limit, and the level
11 of Law Enforcement Services funded by the Special Tax, after the annexation of the Project Territory to
12 the District, upon the approval of the requisite number of qualified voters in the annexation pursuant to
13 ACT.
14 13. On the request of COUNTY, Landowners shall promptly execute and deliver to COUNTY
15 any and all agreements, instruments, documents, and information that COUNTY deems necessary to
16 accomplish the annexation of the Project Territory to the District, the special election for the Levy and
17 Initial Appropriations Limit, the recordation of the amendment to the notice of the Lien, the imposition of
18 the Lien and the initial Levy in the Project Territory, and the establishment and/or confirmation of the
19 Initial Appropriations Limit, and to evidence DEVELOPER's petition, request, consent and waiver in this
20 Agreement, including by way of example and without limitation, petition, waiver and consent forms,
21 ballots regarding the Levy and Initial Appropriations Limit, receipts for notices, and authorization by
22 DEVELOPER its respective representatives to take any actions, to give any approvals, to execute any
23 agreements, instruments and documents, to authenticate any information provided by it, and to vote for
24 the Levy and Initial Appropriations Limit in connection with this Agreement.
25 14. In consideration for COUNTY's Board conducting proceedings for the annexation of the
26 Project Territory to the District, the imposition of the Lien, the establishment and/or confirmation of the
27 Initial Appropriations Limit, and conducting proceedings for the Levy as requested herein, DEVELOPER
28 and Dunkle each agree to remain the sole owner of its real property in the Project Territory as identified
9
1 above, and each further agrees not to close escrow or to transfer title to, or any right or interest inits
2 real property in the Project Territory, as identified in paragraphs 4 and 5 hereof, or any lot or other
3 portion thereof(collectively, or individually, the "Sale or Transfer"), to any other person or entity until the
4 earliest of the following:
5 A. Completion of COUNTY's proceedings annexing the Project Territory to the
6 District and establishing and/or confirming the Initial Appropriations Limit, and imposing the Lien on all
7 nonexempt property located in the Project Territory, including by way of example and without limitation
8 COUNTY's Board's determination that the requisite 2/3 votes cast by the landowner in the consolidated
9 special election in favor of the Levy and the confirmation and/or Initial Appropriations Limit, and
10 COUNTY's Clerk to the Board of Supervisors' (or such other designated COUNTY Officer) recording of
11 the amendment to the notice of the Lien for the Project Territory with the COUNTY's Recorder pursuant
12 to Streets and Highway Code section 3117.5; or
13 B. COUNTY's Board's express written consent to such Sale or Transfer of any of
14 the real property in the Project Territory, or any lot or other portion thereof, provided however, neither
15 landowner shall request any Sale or Transfer of any individual lot or lots to persons seeking to
16 establish, or who may allow other persons seeking to establish, their residences in the Project Territory.
17 However, the preceding provisions of this Section 14 shall not apply to, and Landowners may engage
18 in, marketing activities and opening of escrows for sale of individual lots in each landowner's real
19 property, prior to completion of the events described in Section 14.A. above, as long as such escrows
20 are not closed and title and ownership are not transferred until after completion of all of such events. If
21 DEVELOPER and/or Landowner does open an escrow, or otherwise receive any monetary deposit or
22 enters into any agreement or obtains any commitment for the sale or transfer of any individual lot in
23 Developer's Real Property, prior to COUNTY's completion of proceedings to annex the Project Territory
24 to the District and impose the Special Tax and the recordation of the amendment to the notice of the
25 Lien, that party thereupon shall give, or cause the escrow holder to give, a clear and concise written
26 notice, in a document separate and apart from any other document, to the potential purchaser, in a
27 form approved by COUNTY, stating that proceedings to annex the Project Territory to the District and
28 establishment and/or confirmation of the Initial Appropriations Limit and to impose the Special Tax and
10
1 record the amendment to the notice of the Lien on the lot or parcel to be purchased are pending, the
2 proposed maximum rate of the Special Tax (including inflationary adjustments thereto) stated in Exhibit
3 C, that the escrow shall not close nor shall title to the lot or parcel (including any right or interest
4 therein) be transferred until completion of all such proceedings, and the recordation of the amendment
5 to the notice of the Lien on such lot or parcel.
6 15. To the extent that the COUNTY may institute proceedings for the establishment of any
7 CFDs in the remainder of the area of the Specific Plan applicable to the Project Territory (the "Specific
8 Plan Area"), or annex or add any contiguous or noncontiguous territories anywhere in Fresno County to
9 the District (whether at the time of the annexation of the Project Territory to the District, or at any time
10 thereafter) that are, in either case, owned by persons or entities other than DEVELOPER and/or
11 Dunkle, and in either case levy a special tax for Law Enforcement Services in such territories, all of the
12 provisions in of this Agreement concerning DEVELOPER's and/or Dunkle's consent and waiver shall
13 also apply to DEVELOPER and Dunkle vis-a-vis such other CFDs or annexations or additions to the
14 District, so that COUNTY may be fully assured that DEVELOPER and Dunkle shall fully cooperate with
15 COUNTY, and will not defeat, cause delay or otherwise interfere with COUNTY's, establishment and
16 implementation of such CFDs for, or annexations or additions to the District of any of such other
17 territories.
18 16. To that end, to the greatest extent allowed by law, both DEVELOPER and Dunkle each
19 hereby additionally and expressly waive all right of majority protest and objections (including by way of
20 example and without limitation to objections concerning the regularity or sufficiency of the proceedings)
21 to the proposed annexation(s) or additions of all of such other territories to the District, which are
22 provided for in Government Code sections 53324 and 53339.6, as applicable.
23 17. Landowners shall advance funds to the COUNTY in the amount of Fifteen Thousand
24 Dollars ($15,000) (the "Deposit").
25 18. The Deposit shall be used to pay for the actual fees, costs and expenses incurred by
26 COUNTY for COUNTY's performance of the Special Tax Activities. COUNTY shall hold the Deposit in
27 trust for the aforementioned purposes, provided however, COUNTY shall not be obligated to invest
28 such funds to obtain any interest thereon.
11
1 19. If the actual fees, costs, and expenses incurred by COUNTY for COUNTY's
2 performance of the Special Tax Activities are less than the amount of the Deposit, COUNTY will
3 promptly refund such surplus funds to Landowners at the conclusion or earlier termination of this
4 Agreement.
5 20. If the amount of the Deposit is insufficient to allow COUNTY to complete performance of
6 the Special Tax Activities, COUNTY shall not be obligated to perform any further activities in connection
7 with the Special Tax Activities, unless and until Landowners have remitted an additional deposit of
8 funds to COUNTY in an amount which COUNTY determines to be an updated estimate of the fees,
9 costs, and expenses of COUNTY, for completing the Special Tax Activities (a "Further Deposit"), less
10 those portions already completed. Any Further Deposit(s) shall be administered in accordance with
11 Sections 17 and 18 of this Agreement.
12 21. It is understood by and between the parties, that COUNTY project staffing is limited
13 within COUNTY Departments to perform the Special Tax Activities without adversely impacting
14 COUNTY's planned schedule for other projects or completion thereof, that to perform the Special Tax
15 Activities in an expeditious manner may require the use of COUNTY staff time at overtime rates, and
16 that such circumstances may result in a request by COUNTY to Landowners for an additional deposit,
17 pursuant to Section 20 of this Agreement, prior to COUNTY's performance of the remaining Special
18 Tax Activities on an expedited basis.
19 22. This Agreement shall be effective as of December 3, 2024 and shall continue to be in full
20 force and effect through February 11, 2025; provided, however, that this shall not be construed as
21 limiting the COUNTY's Board's discretion to continue associated Board actions as the Board, in its sole
22 and absolute discretion, may deem appropriate. In the event that the Board continues any associated
23 actions, or circumstances beyond control of COUNTY arise that preclude completion by the date listed
24 hereinabove, then the expiration date of this Agreement shall hereby be deemed extended to the extent
25 necessitated by such Board actions or circumstances beyond the control of COUNTY. Additionally, this
26 Agreement may also be extended by the written consent of DEVELOPER, Dunkle, and the Director of
27 the Department of Public Works and Planning or his duly appointed designee.
28
12
1 23. This Agreement is not intended to and will not be construed to create the relationship of
2 principal-agent, master-servant, employer-employee, partnership, joint venture, or association between
3 COUNTY and each landowner. Each of the parties to this Agreement, their respective officers, agents,
4 and employees, in the performance of this Agreement shall act in an independent capacity, as
5 independent contractors, between each other, subject to Section 1 of this Agreement.
6 24. Any terms or conditions of this Agreement may be modified from time to time, without in
7 any way affecting the remainder, by the written consent of the parties.
8 25. Neither COUNTY nor Landowners shall assign, transfer or sub-contract this Agreement
9 nor their rights or duties under this Agreement without the written consent of the other parties.
10 26. For purposes of venue, this Agreement shall be deemed to be performed only in Fresno
11 County, California. Venue for any action arising out of or relating to this Agreement shall only be in
12 Fresno County, California. The rights and obligations of the parties and all interpretation and
13 performance of this Agreement shall be governed in all respects only by the laws of the State of
14 California.
15 27. Landowners each agree to indemnify, save, hold harmless, and at COUNTY's request,
16 defend COUNTY, its officers, agents, employees, and COUNTY's Consultant from and against any and
17 all claims, demands, losses, costs, expenses (including attorney's fees and court costs), damages,
18 recoveries, deficiencies or liabilities occurring or resulting to COUNTY, including its officers, agents,
19 employees, and COUNTY's Consultant, to the extent caused by the actual or alleged performance, or
20 failure to perform, by DEVELOPER and/or Dunkle, its officers, agents, or employees under this
21 Agreement, and from and against any and all claims, demands, losses, costs, expenses (including
22 attorney's fees and court costs), damages, recoveries, deficiencies or liabilities occurring or resulting to
23 any person, firm, or corporation to the extent injured or damaged by the actual or alleged performance,
24 or failure to perform, of DEVELOPER and/or Dunkle, its officers, agents, or employees under this
25 Agreement and by any dangerous conditions, whether known or unknown, that exist or are alleged to
26 exist on any of Landowners' real properties located in the Project Territory.
27 28. The parties agree that Section 1 and each and every one of Sections 6 through 27 of
28 this Agreement shall, individually and collectively, survive the termination of the remainder.
13
1 29. DEVELOPER and/or Dunkle may terminate this Agreement at any time for cause of
2 another party's material breach of its obligations, provided not less than ten (10) days' advance, written
3 notice has been given to all other parties and such breach remains uncured in such time. The party
4 receiving said notice may respond to said notice and any charges contained therein within that time. If
5 the alleged breach cannot be cured within ten (10) days, the party receiving said notice may be given
6 reasonable additional time to cure, provided the party commences cure within such ten (10) days and
7 diligently pursues the cure to completion, and provided further that in the case of an alleged breach by
8 DEVELOPER and/or Dunkle, the deadline hereinabove, as may be extended in accordance with the
9 provisions pertaining thereto, for COUNTY's annexation of the Project Territory to the District and
10 establishment and/or confirmation of the Initial Appropriations Limit and recordation of the amendment
11 to the notice of the Lien shall be extended by each day beyond such ten (10) day cure period that the
12 alleged breach by DEVELOPER and/or Dunkle remains uncured.
13 30. Notwithstanding anything stated to the contrary, this Agreement also may be terminated
14 at a time and on terms established by mutual written agreement of all parties.
15 31. Notwithstanding anything stated to the contrary in this Agreement, COUNTY, in its sole
16 discretion, may abandon the proposed annexation of the Project Territory to the District, pursuant to
17 Government Code, Section 53339.7, and not proceed further with the conduct of the special election for
18 the Levy and Initial Appropriations Limit, provided however, nothing contained in this paragraph shall
19 obligate or be deemed to obligate COUNTY to take such action.
20 32. In event that the annexation of the Project Territory to the District and establishment
21 and/or confirmation of the Initial Appropriations Limit do not occur, and the amendment to the notice of
22 the Lien is not recorded (but excluding the imposition of the Levy), by the deadline hereinabove, as may
23 be extended in accordance with the provisions pertaining thereto, Landowners may immediately, upon
24 the expiration of such deadline or extended deadline, proceed to complete sales of and transfers title to
25 and rights and interest in all lots, parcels and other real properties within the Project Territory in
26 accordance with law, without waiting for COUNTY's completion of the annexation of the Project
27 Territory to the District and recordation of the amendment to the notice of the Lien, or, if COUNTY
28 desires, COUNTY's establishment and implementation of any other substitute financing mechanism for
14
1 Law Enforcement Services for the Project Territory, provided however in any event, so long as either
2 landowner own any portion of the Project Territory, the landowner shall, to the extent of such
3 ownership, continue to perform all of its obligations in connection with this Agreement.
4 33. Notwithstanding anything stated to the contrary in this Agreement, any termination of this
5 Agreement shall not alter or otherwise affect the Specific Plan, or any other condition or restriction
6 imposed by COUNTY upon development within the Specific Plan area, or within the Project Territory, or
7 any other agreement by and between Landowners and COUNTY.
8 34. The persons having authority to give and receive all notices under this Agreement and their
9 addresses are listed in Exhibit D to this Agreement, provided however, any notices provided by
10 DEVELOPER to COUNTY shall be all persons designated under DEVELOPER/LANDOWNER in
11 Exhibit D. Subject to the foregoing sentence, any and all notices between the parties provided for or
12 permitted under this Agreement shall be in writing and shall be deemed duly served when personally
13 delivered to one of the parties, or in lieu of such personal service, when deposited in the United States
14 Mail, postage prepaid, addressed to such party, provided however, notices of termination of this
15 Agreement shall only be effective upon receipt, and shall be given in compliance with Section 27 of this
16 Agreement. Any notices to be given or provided for under this Agreement are not modifications or
17 changes of this Agreement.
18 35. If any provision of this Agreement, or the application thereof to any person, entity or
19 circumstance, is found to violate any law or is found to be otherwise legally defective or unenforceable,
20 then to any extent that is so found to be violative, invalid or unenforceable, the remainder of this
21 Agreement, or the application thereof to persons, entities or circumstances other than those as to which
22 it has been found to be violative, invalid or unenforceable, shall not be affected thereby, and each such
23 provision of this Agreement shall remain in full force and effect and shall be enforceable to the full
24 extent permitted by law. For any such provision of this Agreement, or the application thereof to any
25 person, entity, or circumstance, which is found to violate any law or is found to be otherwise legally
26 defective or unenforceable, the parties shall use their best efforts to replace that part of this Agreement
27 with legal, valid, and enforceable terms and conditions most readily approximating the original intent of
28 the parties.
15
1 36. This Agreement constitutes the entire agreement between the parties with respect to the
2 subject matter of this Agreement and supersedes all previous negotiations, proposals, commitments,
3 writings, advertisements, publications, and understandings of any nature whatsoever concerning the
4 subject matter of this Agreement unless expressly included in this Agreement. Notwithstanding
5 anything stated to the contrary in this Agreement, this Agreement shall not alter or otherwise affect the
6 Specific Plan, or any other condition or restriction imposed by COUNTY upon development within the
7 Specific Plan area, or within the Project Territory, or any other agreement, if any, by and between the
8 parties.
9 37. The parties acknowledge that DEVELOPER and/or Dunkle may also have entered into
10 or will enter into other agreements with, and instruments in favor of, COUNTY. All such other
11 agreements or instruments may provide for separate additional agreements and covenants by that
12 party and restrictions upon its real property, all of which are in favor of COUNTY above and beyond the
13 provisions of this Agreement.
14 38. The parties agree that there are no intended third-party beneficiaries of this Agreement.
15 39. The parties agree that time is of the essence in the parties' performance of their
16 respective obligations under this Agreement.
17 40. Both DEVELOPER and Dunkle represents, covenants, and warrants that each person
18 executing this Agreement for it is its duly authorized representative, and is fully authorized by it to
19 legally bind it to this Agreement according to the terms and conditions of this Agreement, to make all of
20 the representations, covenants, warranties, and agreements provided herein, to make the petition and
21 requests of COUNTY provided herein, to give the consents and waivers provided herein, and to vote
22 (including, by way of example and without limitation, authorizing its other representatives to vote) for
23 the Levy and Initial Appropriations Limit in connection with this Agreement. The DEVELOPER further
24 represents, covenants, and warrants that it is duly authorized to transact the type of business in the
25 State of California, which is covered by the subject of this Agreement.
26 41. The DEVELOPER and Dunkle acknowledges that all of its representations, covenants,
27 warranties, and agreements herein, and petition and request herein, are a material inducement for
28
16
1 COUNTY to enter into this Agreement, and that COUNTY would not have entered into this Agreement
2 without all of them having been made herein.
3 42. This Agreement may be executed in counterparts, each of which, when executed,
4 constitute one and the same Agreement.
5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
6 the day and year first above written.
7 (Signature Page Follows)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
17
1 FAMILY FARM COUNTY OF FRESNO
2 � -
By:
3 Donald N. Fowler, Manager By: —
Nathan Magsig, Chairman of the
4 Board of Supervisors of the
County of Fresno
5 Dunkle:
6 By:
Brya t . unkle
7 /
ByC__.� LD L4 ATTEST:
8 Carolyn G. unkle
Bernice E. Seidel
9 Clerk of the Board of Supervisors
County of Fresno, State of California
10
11 By:
Deputy
12
13
14
15
16
17
18
19
20
21
22
23
Project No. YMNT20
24 Org. 1186
25 Fund No. 0085
Subclass 17406
26 Account No. 7910
27
28
18
0
v
N
W O
p N Yoko
Z pew Z�
Q'p �
Z O N p �p00� d
Q�{N�
O N mJ w mU04 W W
wi
!L O `t KN U OES U t6�M�
U.f OW O Z WIt�ZLL V M
s 9 0At
o w o $Ni = o
J<W G O 7 N2 K O W �O JN
KK gp
6 U ~ p V L
2� O. OLLO p
O��N
�� s ZN
00
O m V O Z p N jbW�
*mt0 0 �J
`NSu,o U VV
W
t �o
Do
rV� <p YZ
H 0W
N
W N 4a W
'o
v � � —
� a w
�U
w zo-
�� o
N
EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): 118-340-69 and 118-340-75
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA IN COUNTY OF
FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 1: APN 118-340-69
PARCEL A AS SHOWN ON THE CERTIFICATE OF COMPLIANCE PLA NO. 19-10(a), RECORDED JANUARY 10, 2020
AS INSTRUMENT NO. 2020-0003200 OF OFFICIAL RECORDS.
ALL THAT PORTION OF SECTION 25, TOWNSHIP 10 SOUTH, RANGE 22 EAST, MOUNT DIABLO BASE AND
MERIDIAN, AS DESCRIBED IN THE DEED RECORDED DECEMBER 12, 2019 AS DOCUMENT NO. 2019-0146220,
OFFICIAL RECORDS FRESNO COUNTY.
EXCEPTING THEREFROM:
ALL THAT PORTION DESCRIBED MORE PARTICULARLY AS FOLLOWED:
COMMENCING AT A POINT ON THE NORTHERLY LINE OF AUBERRY ROAD BEING THE WESTERLY TERMINUS
OF COURSE NUMBER 21 AS DESCRIBED IN THE DEED FROM THE EARL L. WILSON TESTAMENTARY TRUST TO
FRESNO COUNTY RECORDED MAY 7, 1984 AS DOCUMENT NO. 84043737, OFFICIAL RECORDS FRESNO
COUNTY; THENCE ALONG COURSE NO. 22 OF SAID DEED SOUTH 62°38'32"WEST, A DISTANCE OF 50.25 FEET
TO THE POINT OF BEGINNING; THENCE ALONG COURSE NO. 23 OF SAID DEED SOUTH 56°55'54"WEST, A
DISTANCE OF 100.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH 22°56'03"WEST, A DISTANCE OF
394.15 FEET; THENCE ALONG A LINE PARALLEL WITH AND 388.00 FEET NORTHWESTERLY OF SAID COURSE
NO. 23, NORTH 56°55'54" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 30°12'47" EAST A DISTANCE OF
388.48 FEET TO THE POINT OF BEGINNING.
PARCEL 2: APN 118-340-75
ALL THAT PORTION OF SECTION 25, TOWNSHIP 10 SOUTH, RANGE 22 EAST, MOUNT DIABLO BASE AND
MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF AUBERRY ROAD BEING THE WESTERLY TERMINUS OF
COURSE NUMBER 21 AS DESCRIBED IN THE DEED FROM THE EARL L. WILSON TESTAMENTARY TRUST TO
FRESNO COUNTY RECORDED MAY 7, 1984 AS DOCUMENT NO. 84043737, OFFICIAL RECORDS FRESNO
COUNTY;
THENCE ALONG COURSE NO. 22 OF SAID DEED SOUTH 62°38'32"WEST, A DISTANCE OF 50.25 FEET;
THENCE ALONG COURSE NO. 23 OF SAID DEED SOUTH 56°55'54"WEST, A DISTANCE OF 100.00 FEET;
THENCE LEAVING SAID NORTHERLY LINE, NORTH 22°56'03"WEST, A DISTANCE OF 394.15 FEET;
THENCE ALONG A LINE PARALLEL WITH AND 388.00 FEET NORTHWESTERLY OF SAID COURSE NO. 23, NORTH
56°55'54" EAST, A DISTANCE OF 50.00 FEET;
THENCE ALONG A LINE PARALLEL WITH AND 388.00 FEET NORTHWESTERLY OF SAID COURSE NO. 22, NORTH
62038'32" EAST, A DISTANCE OF 50.25 FEET;
THENCE ALONG A LINE PARALLEL WITH AND 388.00 FEET NORTHWESTERLY OF COURSE NO. 21 OF SAID
DEED NORTH 56°55'54" EAST, A DISTANCE OF 469.73 FEET;
THENCE ALONG A LINE PARALLEL WITH AND 388.00 FEET NORTHWESTERLY OF COURSE NO. 19 OF SAID
DEED, NORTH 35001'38" EAST, A DISTANCE OF 177.24 FEET;
Page - 2
s
EXHIBIT "A"
Legal Description
THENCE ALONG A LINE PARALLEL WITH AND 388.00 FEET NORTHWESTERLY OF COURSE NO. 18 OF SAID
DEED, NORTH 23' 54' 51" EAST, A DISTANCE OF 217.32 FEET;
THENCE NORTH 30°23'20" EAST, A DISTANCE OF 164.66 FEET;
THENCE SOUTH 66°05'09" EAST, A DISTANCE OF 388.00 FEET TO THE INTERSECTION WITH SAID NORTHERLY
LINE OF AUBERRY ROAD BEING A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 730.00 FEET
THE CENTER OF SAID CURVE BEARS SOUTH 53°08'09" EAST; THENCE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 12' 57" 02", AN ARC LENGTH OF 165.00 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY LINE OF AUBERRY ROAD THE FOLLOWING (4) FOUR
COURSES:
1)ALONG COURSE NO. 18 OF SAID DEED SOUTH 23°54'51"WEST, A DISTANCE OF 255.07 FEET;
2) THENCE ALONG COURSE NO. 19 OF SAID DEED SOUTH 35°01'38"WEST, A DISTANCE OF 258.34 FEET TO
THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS 670.00 FEET,
THE CENTER OF WHICH BEARS NORTH 43°51'17"WEST;
3) THENCE ALONG COURSE NO. 20 OF SAID DEED SOUTHWESTERLY ALONG SAID NON TANGENT CURVE
THROUGH A CENTRAL ANGLE OF 10°47'08", AN ARC DISTANCE OF 126.12 FEET;
4) THENCE ALONG COURSE NO. 21 OF SAID DEED SOUTH 56°55'54"WEST, A DISTANCE OF 468.23 FEET TO
THE POINT OF BEGINNING.
PURSUANT TO CERTIFICATE OF COMPLIANCE PLA 19-10(B) RECORDED JANUARY 10, 2020, INSTRUMENT NO.
2020-0003201, OFFICIAL RECORDS.
EXCEPTING THEREFROM PARCELS 1, 2, 3 AND 4 OF PARCEL MAP NO. 8193, IN THE UNINCORPORATED AREA,
COUNTY OF FRESNO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 76, PAGES 5 THRU 7 OF
PARCEL MAPS, RECORDS OF SAID COUNTY.
Page - 3
EINIMITB
coynaiNITY FACILITIES DISTRICT
No.2006-01
(Police Protection Services)
County of Fresno
ANNEXATION MAP PREPARATION REQUIREMENTS
This document is only intended to be a general guide for providing some basic
information concerning the preparation ofAnnexation 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 summ?ry of all of the legal requirements that may apply to such maps.Nor may
this document be considered as legal advice concerning the legal requirements for
preparing such maps_
Itis the landowner's sole responsibility to ensure that Annexation 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 io
full compliance with all legal requirements applicable to such map will be grounds
for County staff to reject such mapiand,to require the landowner to re-submit d
correct Annexation Map. Such-denial will likely cause a delay in the County's
processing of the affected pr'dposed'annexation..
All proposed Annexation Maps for Community Facilities District No.2006-01 (Police
Protection Services) County of Fresno must,at a minimum,comply With all of the legal'
requirements of the Mello Roos Community Facilities Act of 1982,Chapter 2.5
(commencing with Section'53311)of Part I of Division 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 Foreclosure Proceedings),of the Streets and Highways Code
(commencing with Section 3100).
Without limiting the generality of the foregoing, all proposed Annexation Maps must
comply with A 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 area 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. [29006-01 (Police Protection Services),County ofFresno]1, California' and
Brackets denote language added by the County so that such information is tailored to the Countys
Community Facilities District.Proposed Annexation Maps need to include such tailored information,but,
the brackets need to be removed.
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 forprovisions
applicable,generally, to community facilities district boundary maps/.Annexation shall
not be considered modification or amendment of the boundaries ofthe 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 described by resolution or ordinance adopted by the legislative body prior to the
hearing on the formation or extent of the district The description of the proposed
boundaries 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
shall govern for all details as to the extent of the district The map shall also contain the
name of the [County]and a dikinctive designation; in words or by number,of the disfeidt,
shovni.on the map.
(b):-The map..4-hail be legibly drawn,printed or reproduced by a process that provides a
permanent record.Each sheet of paper or other material used for the map shall be 18 by
26 inches in size,shall have clearly shown therein the particular number ofthe sheet,the
total number of sheets comprising the map,and its relation to each adjoining shedt,and
Aall have encompassing its border a line that leaves a blank margin one inch in width,
The map shall be labeled substantially as follows:Proposed Boundaries of
[(Annexation Map No. of Community Facilities District No.2006-01 (Police
Protection Services) County of Fresno)],State of California.
Ifthe 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 of Fresno])
(1)Filed in the office of the(clerk of the[Board of Supervisors of the County of
Fresno])this--day of— [20]--.
(2)1 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 ofthe County of Fresno] at a regular meeting thereof,held on the
day of—,[290]-,by its Resolution No.---, [(Clerk to the Board of Supervisors,
County of Fresno)]
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
of the county[of Fresno.]
(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 2024-25)
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 6, 2024 Page 1 Community Facilities District No. 2006-01
(Police Protection Services)
of the County of Fresno
expenses of consultants, agents, third-party administrator(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 2018-19, 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-Oakland-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 (http://www.dir.ca.gov/oprl/CAPricelndex.htm, as of June 19,
2024). 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, 2025.
"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 Board of Supervisors of the County, acting as the
legislative body of the CFD.
September 6, 2024 Page 2 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, 2024 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,
2024 and May 1, 2024) 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 for 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 6, 2024 Page 3 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 2018-19, the Annual
Escalation Factor shall be 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
September 6, 2024 Page 4 Community Facilities District No. 2006-01
(Police Protection Services)
of the County of Fresno
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.
September 6, 2024 Page 5 Community Facilities District No. 2006-01
(Police Protection Services)
of the County of Fresno
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)
Community Facilities District No. 2006-01
(Police Protection Services)
Of the County of Fresno
Land Use Maximum Special Tax
Class Description Rate Per Unit
1 Residential Property $884.77 per Unit
2 Multi-Family Property $665.55 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 2018-19, the Annual
Escalation Factor shall be 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.
September 6, 2024 Page 6 Community Facilities District No. 2006-01
(Police Protection Services)
of the County of Fresno
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
September 6, 2024 Page 7 Community Facilities District No. 2006-01
(Police Protection Services)
of the County of Fresno
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.
-END-
September 6, 2024 Page 8 Community Facilities District No. 2006-01
(Police Protection Services)
of the County of Fresno
EXHIBIT D
Contact information of all persons having authority to give and receive all notices
under this Agreement
DEVELOPER / LANDOWNERS
Donald N. Fowler— Manager
Family Farms, LLC
P.O. Box 410, Prather, CA. 93651
Bryant A. Dunkle and Carolyn G. Dunkle
P.O. Box 503, Prather, CA. 93651
COUNTY
Steven E. White - Director
Department of Public Works and Planning
County of Fresno
2220 Tulare Street, Suite 800, Fresno, CA. 93721