HomeMy WebLinkAbout320391
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AGREEMENT NO. 15-105
AGREEMENT FOR THE COLLECTION OF SPECIAL ASSESSMENTS
This agreement, dated --..!.:M~a~r.!!.chw....:2::.!.4 __ , 2015, is between the California
Statewide Communities Development Authority, a joint exercise of powers authority
(CSCDA), and the County of Fresno, a political subdivision of the State of California
(County).
Recitals
CSCDA, as part of its Property Assessed Clean Energy, or "PACE," program
known as the California First Program, intends to levy voluntary contractual
assessments on properties within the County of Fresno, under Chapter 29 of Part 3 of
Division 7 of the Streets and Highways Code.
The County desires to recover from CSCDA the County's costs for incorporating
voluntary contractual assessments into the assessments of the general taxes of the
County on property.
Streets and Highways Code section 5898.20, Government Code section 29304,
and Government Code section 51800 authorize CSCDA to contract with the County for
such a fee.
The parties therefore agree as follows:
Section 1. Employment of County
CSCDA engages County to perform professional, technical, and staff services and
provide assistance as described in this agreement.
Section 2. Scope of Services
Upon the request of CSCDA as provided in Exhibit 1 to this agreement, the
County shall perform the services described in that Exhibit 1 .
Section 3. County's Personnel and Working Relationship with CSCDA
A. Except as otherwise provided in Exhibit 1, all of the services to be performed
by the County under this agreement shall be performed by County personnel, and all
personnel engaged in the work shall be fully qualified and shall be authorized or
permitted under state and local law to perform his or her part of those services.
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1 B. Except as provided in Exhibit 1, none of the work or services covered by this
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agreement shall be subcontracted by the County unless approved in writing in advance
by CSCDA.
Section 4. Compensation
CSCDA shall pay, and the County shall receive, payment as provided in Exhibit 1,
including allowable costs of the County, as provided below, for the services rendered
under this agreement; provided, however, no such costs shall be payable for services
customarily included in the placement or correction of an assessment on the tax roll, or
the collection thereof, so long as the fees described in Exhibit 1 under the categories
"Assessment enrollment to Property Tax System", "Collection fee" and "Roll Correction"
as applicable have been paid by CSCDA. These allowable costs include the following:
A. Direct Costs
1. Personnel
The County shall be compensated for the services of personnel
assigned under this agreement. Compensation shall be on the basis of actual
salary and benefits paid to said personnel, or based on the hourly charge
shown in the County's Master Schedule of Fees, Charges and Costs
Recovered, if applicable, for actual time spent on the work necessary to fulfill
the terms of this agreement. Time shall be recorded on the time sheets
regularly used by the County in carrying out its ordinary work apart from this
agreement. No additional or special forms for recording hours spent on the
tasks specified in this agreement are required.
2. Travel Expenses and Subsistence
The County shall be paid actual costs due upon documentation of
travel expenses and subsistence where such expenses are directly related to
the performance of this agreement. Mileage for trips within the Fresno-Clovis
Metropolitan area may be reimbursed, but are subsumed under Section 4.8.
of this agreement, "Indirect Costs (Overhead)." The County shall be
reimbursed for out-of-area transportation costs not to exceed the cost of
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travel by the most direct and economical mode. Transportation by private
automobile shall be reimbursed at the rate ordinarily charged by the County
in lieu of actual costs. Reimbursement for lodging and meals shall be based
on the actual cost incurred by the County's personnel, to not exceed the
limitations applied by the County.
3. Other Direct Costs
The cost of other material and services as may be required hereunder
but which are not normally provided as part of the overhead of COUNTY at
cost. Such other materials and services shall include, but shall not be limited
to, the following: report reproduction, purchase of maps and charts,
telephone expense, and specialized educational needs.
B. Indirect Costs (Overhead)
In addition to the payment provided above, CSCDA shall compensate the
County for indirect costs to be calculated on the basis of Federal OMB Circular
A-87.
If CSCDA requests services listed in Sections 4.A. or 4.8. hereof, then prior
to the provision of those services the County shall provide CSCDA a written cost
estimate for the provision of those services, and CSCDA shall have the right to
withdraw its request for those services.
Section 5. Method of Payment
Beginning fiscal year 2014-15, CSCDA will reimburse the County for all costs
incurred in performing the services described in Exhibit 1. The County's Auditor-
Controllerffreasurer-Tax Collector is authorized to deduct those costs from
apportionments to CSCDA and retain them as compensation for services rendered
under this agreement. The County will itemize all costs incurred, deducted, and retained
and will provide that itemization to CSCDA with the remittance advice for the
apportionment.
Section 6. Records
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The County shall maintain complete and accurate records with respect to costs
incurred under this agreement. All such records shall be maintained on a generally-
accepted accounting basis and shall be clearly identified and readily accessible. The
County shall provide to the authorized representatives of CSCDA free access to such
books and records at all proper times, and the right to audit the same, and to make
transcripts therefrom as necessary, and to allow inspection of all work, data, documents,
proceedings, and activities related to the performance of this agreement for a period of
three (3) years from the date of final payment for work performed under this agreement.
In addition to the above accounting records, the County shall maintain records to show
actual time and allowable costs submitted for reimbursement with respect to the scope
of services set forth herein.
Section 7. Changes to the Agreement
This agreement may not be modified except in writing signed by both parties.
Section 8. Term
This agreement is effective on the date first written above through June 30, 2015,
and renews automatically for each fiscal year (July 1 through June 30) after unless
either party gives written notice of nonrenewal no later than June 1.
Section 9. Termination
Either party may terminate this agreement without cause at any time by giving
written notice of such termination to the other party and specifying an effective date of
termination that is not less than 30 days after the notice is given. If the agreement is
terminated as provided in this Section 9, the County shall be reimbursed its allowable
costs in accordance with Section 4 of this agreement through the date of termination.
Section 1 0. Representations and Warranties
CSCDA represents and warrants that the taxes, fees, or assessments that it
levies, and that the County collects under this agreement, comply with all requirements
of state law, including but not limited to Articles XIII C and XIII D of the California
Constitution (Proposition 218). CSCDA has requested, on County's behalf, an opinion
from CSCDA's legal advisor stating that the taxes, fees, or assessments levied by
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CSCDA comply with state law, and specifically analyzing compliance with Proposition
218 and any other applicable law. A copy of that opinion is attached to this agreement
as Exhibit 3. CSCDA also agrees to reaffirm the validity of the taxes, fees, or
assessments each time it requests services under Section 2 of this agreement.
Section 11. Release
CSCDA hereby releases and forever discharges the County and its officers,
agents, and employees from any and all claims, demands, liabilities, costs and
expenses, damages, causes of action, and judgments, in any manner arising from
CSCDA's responsibility under this agreement, or other action taken by CSCDA in
establishing any tax, fee, or assessment, and implementing the collection of such taxes,
fees, or assessments as contemplated in this agreement.
Section 11.5. Insurance
Without limiting the COUNTY's right to obtain indemnification from
CSCDA or any third parties, CSCDA, at its sole expense, shall maintain in full force and
effect, the following insurance policies or a program of self-insurance, including but not
limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout
he term of the Agreement:
b. Commercial General Liability
Commercial General Liability Insurance with limits of not less than
One Million Dollars ($1 ,000,000) per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000) This policy shall be issued on a per occurrence basis. COUNTY
may require specific coverages including completed operations, products liability,
contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability
insurance deemed necessary because of the nature of this contract.
c. Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily
injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five
Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not
less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single
limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned
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and non-owned vehicles used in connection with this Agreement.
d. Professional Liability
If CSCDA employs licensed professional staff, (e.g., Ph.D., R.N.,
L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not
less than One Million Dollars ($1 ,000,000.00) per occurrence, Three Million Dollars
($3,000,000.00) annual aggregate.
A. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by
he California Labor Code.
CSCDA shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually
and collectively, as additional insured, but only insofar as the operations under this
greement are concerned. Such coverage for additional insured shall apply as primary
insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers,
agents and employees shall be excess only and not contributing with insurance provided
under CSCDA's policies herein. This insurance shall not be cancelled or changed without
a minimum of thirty (30) days advance written notice given to COUNTY.
Within Thirty (30) days from the date CSCDA signs and executes this
greement, CSCDA shall provide certificates of insurance and endorsement as stated
above for all of the foregoing policies, as required herein, to the County of Fresno, (Name
and Address of the official who will administer this contract), stating that such insurance
coverage have been obtained and are in full force; that the County of Fresno, its officers,
agents and employees will not be responsible for any premiums on the policies; that such
Commercial General Liability insurance names the County of Fresno, its officers, agents
and employees, individually and collectively, as additional insured, but only insofar as the
operations under this Agreement are concerned; that such coverage for additional insured
shall apply as primary insurance and any other insurance, or self-insurance, maintained by
COUNTY, its officers, agents and employees, shall be excess only and not contributing
ith insurance provided under CSCDA's policies herein; and that this insurance shall not
be cancelled or changed without a minimum of thirty (30) days advance, written notice
given to COUNTY.
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In the event CSCDA fails to keep in effect at all times insurance
coverage as herein provided, the COUNTY may, in addition to other remedies it may have,
suspend or terminate this Agreement upon the occurrence of such event. All policies shall
be issued by admitted insurers licensed to do business in the State of California, and such
insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating
of A FSC VII or better.
Section 12. Hold Harmless
CSCDA shall defend the County and hold the County harmless from all liability,
claims, or damages incurred as a result of any action taken by CSCDA in establishing
any tax, fee, or assessment, and implementing the collection of such taxes, fees, or
assessments as contemplated in this agreement.
[SIGNATURE PAGE FOLLOWS]
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The parties are signing this agreement on the date first written above.
Laura Labanieh
Authorized Signatory
OMMUNITIES y
FOR ACCOUNTING USE ONLY:
Fund: 0001
Subclass: 10000
Org No. 041 00600
Account No. 5060
8
COUNTY OF FRESNO
By:~a.~
Chair
Board of Supervisors
ATTEST:
BERNICE SEIDEL, CLERK
BOARD OF SUPERVI
REVIEWED & RECOMMENDED FOR
APPROVAL:
(lli. (~ t
Auditor -Controller/Trea;Jrer-
Tax Collector
APPROVED AS TO ACCOUNTING
FORM:
VICKI CROW, C.P.A.
AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
APPROVED AS TO LEGAL FORM
DANIEL C. CEDERBORG
COUNTY COUNSEL
1 EXHIBIT 1
2 GENERAL SCOPE OF SERVICES
3 he Auditor-Controller!Treasurer-Tax Collector's duties include fiscal functions, which services
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include, but are not limited to:
1.
2.
Enrolling the assessment by parcel on the property tax bills, billing the taxpayers,
the collection process, roll changes as needed by parcel, apportionment of the
collected assessment to CSCDA and reporting and maintaining records of all
financial transactions for the assessment process by parcel.
Separately accounting for WRCOG funds and maintaining records of
expenditures, revenues and CSCDA investments in accordance with
administrative code requirements and state and federal regulations.
he Auditor-Controller!Treasurer-Tax Collector will be reimbursed for costs incurred for services
10 provided including but not limited to the following:
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Assessment enrollment to Property Tax System
Collection fee
Roll Changes as needed and approved by CSCDA
Accounting/Apportionment/Administration
$0.17 per parcel
0.25% of assessment per
parcel
$18.96 per parcel
Actual Staff hourly rates on
MSF
ccounting, Legal and Administration costs are based on the current Master Schedule of Fees
(MSF) approved by County of Fresno Board of Supervisors. Relevant portions of the current
MSF are shown on Exhibit 2 for the Auditor-Controller!Treasurer-Tax-Collector and County
Counsel. Billing for Accounting/Apportionment/Administration items would only be
applicable for additional work that is requested by CSCDA in addition to the normal
assessment enrollment, collection fee and roll change duties.
otal amount of costs to be reimbursed will not exceed 3% of the assessment per parcel.
CSCDA errors or omissions costs will not be considered to be included in the 3% cap and will be
he obligation of CSCDA.
DUITIES OF CSCDA
CSCDA shall request services by providing the following to the County Auditor by August 1Oth or
other agreed upon date each year:
1 . The statutory authority for the assessment; and
A resolution passed by the CSCDA Board specifying parcels and rate(s) or amount to be
charged and a list of authorized personnel that may make changes/corrections to
assessments during or after fiscal year of enrollment. CSCDA needs to record the
resolution in the Fresno County Recorder's office before submitting it to the County
Auditor.
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1 CSCDA shall comply with all other administrative instructions provided by the County Auditor
each year.
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10
MASTER SCHEDULE OF FEES, CHARGES, AND RECOVERED COSTS
Fiscaal Year 2014-15
SECTION 300 -AUDITOR-CONTROLLERfTREASURER
FEE SETTING YEAR
FEE DESCRIPTION FEE AMOUNT AUTHORITY ADOPTED
301. Accounting Services Board of Supervisors 2014-15
ACCOUNT CLERK I 48.69/hr Board of Supervisors 2014-15
ACCOUNT CLERK II 52.68/hr Board of Supervisors 2014-15
ACCOUNT CLERK Ill 60.50/hr Board of Supervisors 2014-15
ACCOUNT CLERK 111-CONF. 60.86/hr Board of Supervisors 2014-15
ACCOUNTANT I 65.80/hr Board of Supervisors 2014-15
ACCOUNTANT II 80.30/hr Board of Supervisors 2014-15
ACCOUNTING AND FINANCIAL DIVISION CHIEF 104.36/hr Board of Supervisors 2014-15
ACCOUNTING AND FINANCIAL MANAGER 100.68/hr Board of Supervisors 2014-15
ADMINISTRATIVE SECRETARY-CONF 49.88/hr Board of Supervisors 2014-15
COLLECTION REP I 39.45/hr Board of Supervisors 2014-15
COLLECTION REP II 60.29/hr Board of Supervisors 2014-15
COLLECTION REP Ill 60.82/hr Board of Supervisors 2014-15
DEPUTY AUDITOR CONTROLLER 105.99/hr Board of Supervisors 2014-15
DEPUTY TREASURER TAX COLLECTOR 105.99/hr Board of Supervisors 2014-15
INFORMATION TECH. ANALYST Ill 83.70/hr Board of Supervisors 2014-15
INFORMATION TECH. ANALYST IV 98.53/hr Board of Supervisors 2014-15
INVESTMENT OFFICER 95.57/hr Board of Supervisors 2014-15
PAYROLL TECH I-CONF 64.41/hr Board of Supervisors 2014-15
PAYROLL TECH II-CONF 70.80/hr Board of Supervisors 2014-15
SENIOR ACCOUNTANT 88.57/hr Board of Supervisors 2014-15
SUPERVISING ACCOUNT CLERK II 72.35/hr Board of Supervisors 2014-15
SUPERVISING ACCOUNTANT 89.40/hr Board of Supervisors 2014-15
SYSTEMS & PROCEDURES ANALYST Ill 81.76/hr Board of Supervisors 2014-15
SYSTEMS & PROCEDURES MANAGER 94.13/hr Board of Supervisors 2014-15
302. Unsecured Delinquent Tax Fee $145.00 each Board of Supervisors 2013-14
303. W-2 $11.00 each Board of Supervisors 2014-15
303. Paycheck Stub Replacement Copies $11.00 each Board of Supervisors 2014-15
304. 1099 Replacement Copies $13.00 each Board of Supervisors 2014-15
305. Cost Per Parcel: Assessments $0.17 each Board of Supervisors 2014-15
306. Roll Corrections/Changes/Refunds: $18.96 each Board of Supervisors 2014-15
Assessments
307. Hard Copy of Tax Rate Book $23.84 each Board of Supervisors 2014-15
308. 1915 Act Bond Debt Services $1.71 perAPN Board of Supervisors 2014-15
309. Ten Percent Administrative Fee For Restitution Fines Board of Supervisors 2007-08
310. Deposit Via Admin $41.00 per deposit Board of Supervisors 2014-15
311. Deposit-Via Treasury Tax $39.00 per Board of Supervisors 2014-15
Treasury deposit
312. Travel AP Voucher $10.07 per Board of Supervisors 2014-15
travel voucher
313. Contract AP Voucher $6.82 per Board of Supervisors 2014-15
contract voucher
314. Other Pay & PO AP Voucher $4.97 per other Board of Supervisors 2014-15
AP voucher
Exhibit2 Page 1 of2
EFFECTIVE %OF
DATE COST REFERENCE
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
06/06/13 100% Ord #13-012
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
08/08/08 100% Ord #07-022
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
07/03/14 100% Ord #14-014
MASTER SCHEDULE OF FEES, CHARGES, AND RECOVERED COSTS
Fiscaal Year 2014-15
SECTION 600 •• COUNTY COUNSEL
FEE SETTING YEAR EFFECTIVE
FEE DESCRIPTION FEE AMOUNT AUTHORITY ADOPTED DATE
601. LEGAL SERVICES $113.00/hour Board of Supervisors 2007-08 02/08/08
%OF
COST
100%
Provided to school districts, all other public agencies and County departments, State and Federal Agencies.
Exhibit 2 Page 2 of2
REFERENCE
Ord # 08-001
JONES HALL
February 25, 2015
Auditor-Controller/Treasurer-Tax Collector
County of Fresno
Hall of Records -Room 1 05
2281 Tulare St.
Fresno, CA 93721
Re: CaliforniaFIRST Program
Ladies and Gentlemen:
RECEIVED
FEB 2 6 2015
As~P~Tmx~~~~~r~~N
4 75 Sansome Street
Suite 1700
San Franc1sco. CA 94111
t. 415.391.5780
f. 415.276.2088
We act as bond counsel to the California Statewide Communities Development Authority
(the "Authority") in connection with the CaliforniaFIRST program that includes territory in Fresno
County (the "Program"). The Program was established by the Authority pursuant to Chapter 29
of Part 3 of Division 7 of the California Streets and Highways Code ("Chapter 29"). The Authority
established the CaliforniaFIRST Program for the purpose of providing contractual assessment
financing for the installation of improvements authorized by Chapter 29 that are permanently
fixed to residential, commercial, industrial, agricultural, or other real property ("Authorized
Improvements"). Pursuant to Chapter 29, contractual assessments (the "Assessments") may be
levied by the Authority within the boundaries of the Program only with the free and willing
consent of the owner of each lot or parcel on which an assessment is levied at the time the
assessment is levied by contract between the Authority and the participating property owner
(each, an "Assessment Contract").
This opinion letter is being delivered in our capacity as bond counsel to the Authority and
not as counsel to the addressee.
We have examined the law as we deem necessary to render this opinion, including a
default judgment rendered on August 17, 2012, by the Superior Court of the State of California,
County of Sacramento, in the validation action entitled "California Statewide Communities
Development Authority v. All Persons Interested in the Matter of California Communities'
'CaliforniaFIRST' Property Assessed Clean Energy ('PACE') Program Established in Certain
Counties and Cities, Including the Adoption of Resolutions and the Authorization of the Matters
Therein, and all Bonds, Contracts, Contractual Assessments, and other Matters and
Proceedings Related Thereto," Case No. 34-2012-00121447 (the "Default Judgment"). The
Default Judgment is attached hereto as Appendix A. We note specifically the provisions of
A PROFESSIONAL LAW CORPORATION www.Joneshall.com
Auditor-Controller/Treasurer-Tax Collector
County of Fresno
February 25, 2015
Page 2
Section 5898.31 of Chapter 29 and the California Supreme Court's opinion in Bickel v. Piedmont
(1997) 16 Cal. 4th 1040.
As to questions of fact material to our op~nron, we have relied upon the Default
Judgment and upon the certified proceedings and other certifications of public officials furnished
to us, without undertaking to verify the same by independent investigation. We assume that (i)
the notices required by California Streets & Highways Code Sections 5898.24 and 5898.32 will
be duly recorded in the real property records of Fresno County, (ii) the bonds issued by the
Authority that are payable from the Assessments will be duly authorized, executed and
delivered and will finance Authorized Improvements and (iii) the Authority and the property
owners will duly authorize, execute and deliver the Assessment Contracts.
Based upon the foregoing, we are of the opinion, under existing law, that, upon due
execution and delivery of an Assessment Contract:
1. The related Assessments will be valid assessments under California law,
including, without limitation, under Article XIIID of the California Constitution.
2. The Assessments will possess the lien status as provided in Chapter 29 and the
lien priority laws incorporated therein.
This opinion is rendered solely for your benefit and may not be relied upon, used,
circulated, quoted or referred to, nor any copies hereof be delivered to, any other person without
our prior written approval. We disclaim any obligation to supplement this letter to reflect any
facts or circumstances that may hereafter come to our attention or any changes in the law that
may hereafter occur.
Respectfully submitted,
f111 lid!
A Professional Law Corporation
A PROFESSIONAL LAW CORPORATION
Appendix A
Default Judgment
A PROFESSIONAL LAW CORPORATION
ORIGUML
DANIEL BORT (STATE BAR NO. 60623)
dbort@orrick.com
2 JOHN H. KNOX (STATE BAR NO. 129777)
jknox@orrick.com
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
405 Howard Street
4 San Francisco, CA 941 05-2669
Telephone~ 415-773-5700
5 Facsimile: 415-773-5759
··-·• r P. E~ [ .. ) ~.:.. r [ :-, g ~ .~~ ~
Efd D 0 ~ S E·.B G:h
I 2 AUG 11 AM 9: 3 7
s:.cru.HENTO COURT:S
Di:i•'r: ;: 53
6 CAMERON DESMOND (STATE BAR NO. 268925)
cdesmond@orrick.com
7 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
8 Sacramento, CA 95814-4497
Telephone: 916-44 7-9200
9 Facsimile: 916-329-4900
10 Attorneys for Plaintiff
California Statewide Communities Development Authority
II
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13
14
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SACRAMENTO
15 CALIFORNIA STATEWIDE
COMMUNJTJES DEVELOPMENT
16 AUTHORITY,
17 Plaintiff,
18 V.
19 ALL PERSONS INTERESTED IN THE
MATTER OF CALIFORNIA
20 COMMUNITIES' "CALIFORNIAFIRST'
PROPERTY ASSESSED CLEAN ENERGY
21 ("PACE") PROGRAM ESTABLISHED IN
CERT AJN COUNTIES AND CITIES,
22 INCLUDING THE ADOPTION OF
RESOLUTIONS AND THE
23 AUTHORIZATION OF THE MATTERS
THEREIN, AND ALL BONDS,
24 CONTRACTS, CONTRACTUAL
ASSESSMENTS, AND OTHER MATTERS
25 AND PROCEEDINGS RELATED
THERETO,
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Defendants.
CASE NO. 34-2012-00121447
(YROI'OSEIJtV A LillA TION
DEFAULT JUDGMENT
Date: August 1 7, 2012
Time: 2:00p.m.
Dept: 53
Trial Date: · N/ A
Date Action Filed: March 29, 2012
EXEMPT FROt·.-1 FILING FEES PER Gov'T
CODE§ 6103
[PROPOSED] VALIDATION DEFAULT JUDGMENT
Plaintiffs Ex Parre Application for Entry of Validation Default Judgment and
2 supporting papers tiled by Plaintiff California Statewide Communities Development Authority
3 ("California Communities") came properly before the Court for review and determination. The
4 Court having reviewed the application, the supporting papers, the other papers and pleadings on
5 file in this action, and good cause appearing, hereby ORDERS, ADJUDGES AND DECREES as
6 follows:
7 I. The Court reatlirms its Order of May 4, 2012, and finds that its
8 requirements have been met and that, accordingly, this Court has acquired jurisdiction over all
9 persons and the subject matter of this in rem validation action. The Clerk's Default of All
10 Persons Interested was thus properly entered on .June 15, 2012.
11 2. This action is properly brought under California Civil Procedure Code
12 section 860 et seq. and Government Code Section 53511 in the Superior Court for the County of
13 Sacramento.
14 .,
.), All capitalized terms used in this Judgment have the meanings given to
1 5 those terms in the Complaint.
16 4. The power to conduct the Program and the County Programs is a power
17 common to the Counties and the Participating Cities, and California Communities is legally
1 8 authorized to implement the Program under California Government Code Section 6502.
19 5. All proceedings by and for California Communities, the Counties and the
20 Participating Cities in connection with the Resolutions, Bonds, Bond Contracts, Assessments and
21 Program Documents were, are and will be in conformity with the applicable provisions of all laws
22 and enactments at any time in force or control.ling upon such proceedings, whether imposed by
23 law, constitution, statute, charter or ordinance, and whether federal, state or municipal, and were,
24 are and will be in conformity with all applicable requirements of regulatory bodies, agencies or
25 ofticials having or asserting authority over said proceedings or any part thereof.
26 6. All conditions, things and acts required by law to exist, happen or be
27 performed precedent to the adoption of the Resolutions, and the terms and conditions thereof,,
28 includingthe authorization for the execution, delivery and performance of the Bond Contracts
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[PROI'OSED] VALIDATION DHAULT JUDGMENT
and the Program Documents, the issuance of the Bonds, the execution of Assessment Contracts
2 and the levy of the Assessments have existed, happened and been performed in the time, form and
3 manner required by law.
4 7. Upon issuance, levy, or execution and delivery thereof, as applicable, the
5 Bonds, Bond Contracts, Assessments and Program Documents will be and are valid, legal and
6 binding obligations of the parties thereto in accordance with their tem1s.
7 8. The Assessments are valid assessments under California law, including,
8 without limitation, under Atticle XITID of the California Constitution.
9 9. The Assessments possess senior lien status as provided in Chapter 29 and
10 the lien priority laws incorporated therein.
11 10. The Assessments do not constitute a taking of private property without due
12 process oflaw in violation of the Fifth and Fourteenth Amendments to the United States
13 Constitution or Article I, Section 19 ofthe California Constitution.
14 II. The recordation of the Notice of Assessment with the County Clerk ofthe
15 respective Counties imparts notice to all persons of the Assessment to be levied on the applicable
16 Participating Property, and the 30-day statute of limitations established by Streets & Highways
17 Code Section 5660 runs from the date on which the Notice of Assessment is recorded.
18 12. The implementation of the County Programs in the respective Counties and
19 the Participating Cities, including without limitation the issuance of the Bonds, the levy oft he
20 Assessments, and the execution and delivery of the Bond Contracts and Program Documents,
21 serves a valid public purpose.
22 13. The implementation of the County Programs in the respective Counties and
23 the Participating Cities, including without limitation the issuance of the Bonds, the levy of the
24 Assessments, and the execution and delivery of the Bond Contracts and Program Documents does
25 not constitute a gift of public funds or the lending of public credit in violation of the California
26 Constitution.
27 14. The implementation of the County Programs in the respective Counties and
28 the Participating Cities, including without limitation the issuance of the Bonds, the levy of the
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[PROPOSED) VALIDATION DEFAULT JUDGMENT
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Assessments, and the execution and delivery of the Bond Contracts and Program Documents does
not constitute an unlawful impainnent of contract in violation of Article l, Section l 0 of the
United States Constitution or Article 1, Section 9 ofthe California Constitution .
All persons are hereby permanently enjoined and restrained from the institution of
any action or proceeding challenging, inter alia, the validity of the Resolutions, the Bonds, the
Bond Contracts, the Assessments and/or the Program Documents, and any other related contracts
or agreements or actions authorized by California Communities, the Counties or the Participating
Cities in connection with the Program or the County Programs, or any matters herein adjudicated
or which at this time could have been adjudicated against California Communities, the Counties,
the Participating Clti~§1 ~pd against all other persons.
Dated: __ ' A_UG_1_7_20_12_
Judge of the Superior Court
DAVID L BROWN
OHSUSA:7509804J4.1
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[PROPOSED] VALIDATION DEFAULT JUDGMENT
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