HomeMy WebLinkAbout2007-005
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RESOLUTION NO. 2007-5
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A FUNDING AND MITIGATION AGREEMENT
4 WITH GREYSTONE HOMES II, LLC FOR TENTATIVE TRACT NO. 14881,
5 GENERALLY LOCATED ON THE NORtHWEST CORNER OF OHIO AVENUE
AND CHESTNUT AVENUE, RELATIVE TO THE VERDEMONT FIRE STATION
6 IMPACT MITIGATION FEES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City a Funding and Mitigation Agreement with Greystone
Homes II, LLC for Tentative Tract No, 14881, generally located easterly on the northwest comer
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of Ohio Avenue and Chestnut A venue, attached as Exhibit n 1 n and made a part hereof, relative to
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the Verdemont Fire Station Impact Mitigation Fees,
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SECTION 2. This resolution is rescinded if the parties to the contract fail to execute it
within sixty (60) days of the passage ofthe resolution.
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12/21/2006
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A FUNDING AND MITIGATION AGREEMENT WITH GREYSTONE HOMES II,
LLC FOR TENTATIVE TRACT NO. 14881, GENERALLY LOCATED ON THE NORTHWEST
CORNER OF OHIO AVENUE AND CHESTNUT A VENUE, RELATIVE TO THE VERDEMONT FIRE
STATION IMPACT MITIGATION FEES.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a ;oint regular meeting thereof
held on the 8 th
day of .January
, 20 ~ by the following vote, to-wit:
Council Members:
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
The foregoing resolution is hereby approved this _//":!. day of ~anuary
,20~
Approved as to form:
12113/06
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2007-5
Recorded In Official Records, County of San Bernardino 1/31/2007
Recording requested by ) ~L LARRY WALKER 9:25 AM
~(Olf MP
and when recorded mail to: ) \f# Auditor/Controller - Recorder
) , .J.
\ ::" P Counter
City of San Bemardino ) ~\...<
300 North "D" Street, 3rd Floor ) Doc#: 2007 - 0063036 Tilles: 1 Peges: 21
San Bernardino, CA 92418 ) ~ 1I1111 UIIJ~lllljlrlll'lj'llj' Fees
Attn: Laszlo "Les" Fogassy ) 13.139
Taxes a.e0
) Other 0.9113
) PAID $13.08
)
)
)
Exempt: Government Code S 6103
Space above this line for Recorder's use only
FUNDING AND MITIGATION AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND GREYSTONE HOMES II, LLC, RELATIVE
TO MITIGATION OF FIRE STATION SERVICE IMPACTS
(SUBDIVISION NO. 05-04).
THIS FUNDING AND MITIGATION AGREEMENT ("Agreement") dated as of
Ju ,,(.port Z V , 20.ezis entered into by and between the City of San Bernardino, a charter
city and publIc body, corporate and polItic (the "CIty"), and Greystone Homes, II, LLC, (the
"Landowner").
WITNESSETH:
WHEREAS, the Landowner is the owner of the property described in Exhibit "A" and
depicted in Exhibit "B" hereto (the "Property") on which the Landowner proposes to develop a
15 Lot Subdivision located at 5.47 acres, located on the northwest comer of Ohio Avenue and
Chestnut Avenue, APN 02-61-032-06, Subdivision No. 05-04 (the "Proposed Development");
and
WHEREAS, currently there are areas within the City which are not provided with
adequate fire and safety protection and in light of the recent fires which ravaged the City, and
new development within the Verdemont area of the City, because of inadequate fire protection,
will cause substantial environmental impacts; and
WHEREAS, it is in the best interest of the City to provide additional fire and safety
protection prior to any new development in the Verdemont area, as well as provide for a
guaranteed means to pay for such ongoing protection and assure the availability of Fire Station
Services (as hereinafter defined) of the City; and
WHEREAS, prior to the approval of any subdivision map, development permit, or other
construction in the Verdemont area, the City may require such future development within the
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City to mitigate such substantial environmental impacts pursuant to the California
Environmental Quality Act ("CEQA"), Public Resources Code Section 21000, et. seq., and
Government Code Section 66474(e); and
WHEREAS, the Landowner is seeking approval of the Proposed Development by the
City; and
WHEREAS, the City, subject to receipt of funds pursuant to this Agreement, intends to
provide payment for a portion of the operations and maintenance of fire protection and
suppression services ("Fire Station Services") as authorized pursuant to Section 53313 of the
Mello-Roos Community Facilities District Act of 1982, as amended (the "Act") for the Proposed
Development and has formed a community facilities district ("CFD No. 1033"), and is amenable
to annexing the Property, pursuant to the Act, in CFD No. 1033 "Annexation" proceedings, to
pay for such Fire Station Services to serve the Proposed Development; and
WHEREAS, the City and the Landowner intend that partial funding for Fire Station
Services required to serve the development within the Property shall be provided on a timely
basis by means of payment through CFD No. 1033 or by payment of the In-Lieu Fee (as
hereinafter defined) as provided in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions herein set forth, the
City and the Landowner DO HEREBY AGREE AS FOLLOWS:
1.
meanings set
applicable:
Definitions. As used in this Agreement, all capitalized terms shall have the
forth in Section A of Exhibit "c" or the following meanings, whichever is
"Annexation" means the annexation of the Property to CFD No. 1033 as provided under
Section 53339 of the Act.
"CFD No. 1033" means the community facilities district formed by the City pursuant to
the Act and known by that name.
"City" means the City of San Bernardino, California.
"Completion of Annexation to CFD No. 1033" shall be deemed to have occurred upon
the occurrence of all of the following: (i) the annexation of the Property to CFD No.
1033, including the authorization for the levy by CFD No. 1033 of the Special Taxes; (ii)
the approval by the qualified electors of CFD No. 1033 of the levy of the Special Taxes;
(iii) the expiration of the statute of limitations provided in Section 53359 of the Act, and
(iv) the effective date of the first applicable validating legislation by the State of
California.
"In-Lieu Fee" means a payment to be made as provided under Section 2.1 prior to the
issuance of each certificate of occupancy for residential development in the amount of
$6,349.88 per dwelling unit per year, whether for a single family or a multi-family unit,
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2007-5
and prior to the issuance of each certificate of occupancy for
commerciallretailloffice/industrial zoning classifications in the amount of $44,358.47 per
acre of development as set forth on a site plan of development, which amounts shall
increase by an amount not to exceed 2% per Fiscal Year of the amount in effect for the
previous Fiscal Year, commencing July I, 2005 up to the Fiscal Year commencing July
1,2033.
"Project" means any project undertaken for the purpose of development involving the
approval or issuance of any permit or entitlement for use by any governmental agency
and includes all such permits and entitlements for use whether classified as quasi-
legislative, quasi-judicial or ministerial in nature, including, but not limited to, the
adoption, amendment, approval or issuance of any general plan, specific plan, master
plan, zoning ordinance, tentative subdivision map, tentative parcel map, final subdivision
map, final parcel map, variance, conditional use permit, site plan, plot plan, development
plan, annexation, public utility connection, building permit and certificate of occupancy.
"Fire Station Services" means the operations and maintenance of fire suppression and
protection facilities, to serve needs created by development within the boundaries ofCFD
No. 1033.
"Special Tax" or "Special Taxes" means the" Special Tax" as defined in Exhibit "c"
including any whole or partial prepayment thereof as provided in Section F of Exhibit
"e".
"State" means the State of California.
2. Mitigation of Fire Station Services.
2.1 Payment of In-Lieu Fee/Annexation to the Mello-Roos District. In
consideration for the City providing Fire Station Services to serve the Property, the Landowner
shall, prior to the issuance of a certificate of occupancy, pay to the City the In-Lieu Fee in
accordance with the applicable land use zone designation, or, in the alternative, the Landowner
agrees to execute this Agreement and all other documents requested by the City relative to
annexation of the Property to CFD No. 1033 and Special Taxes ofCFD No. 1033 as described in
Exhibit "C", in which event City agrees to annex the Property to CFD No. 1033 at the earliest
practicable date. The annexation of the Property to CFD No. 1033 shall be on the basis of the
parameters set forth in Exhibit "c" with respect to the Rate and Method of Apportionment of the
therein described Special Taxes. The Landowner, and its successors and assigns, shall be deemed
to have fulfilled and mitigated their entire obligation to assist in financing Fire Station Services
to serve the development of the Property, so long as the provisions of this Agreement are
complied with by the Landowner, upon the occurrence of the Annexation of the Property to CFD
No. 1033 or the payment of the In-Lieu Fee, if such In-Lieu Fee is paid pursuant to the terms of
this Agreement.
The Landowner hereby acknowledges that there are certain costs associated with the
Annexation of the Property into CFD No. 1033. In this regard the Landowner and the City agree
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that any costs relative to such Annexation proceedings shall be borne by the Landowner. The
City agrees that it will periodically annex property into CFD No. 1033, in accordance with and
pursuant to the provisions of the Act, in order to fairly distribute the costs of annexation across
the property or properties participating in such Annexation. The City agrees to undertake
reasonable efforts to contact other developers and notify such other developers of the
opportunity to annex the property of such other developers into CFD No. 1033. The City
however gives no representation or warranty whatsoever to the Landowner that any other parcels
of property will be prepared to annex into CFD No. 1033 at the time of such notification.
The parties agree that if the Landowner and one or more other developers participate in
an Annexation to CFD No. 1033, the costs of Annexation shall be distributed between or among
the Landowner and the other developers on a pro rata basis by acreage of property or properties
included in such Annexation proceedings.
Landowner specifically acknowledges that the cost to the City relative to such
Annexation shall include, but shall not necessarily be limited to, costs of preparation of relevant
documentation, recording fees, if any, reasonable engineering and attorneys fees, and similar and
related costs.
2.2 Landowner Consent and Waivers: Landowner hereby requests that the
Property be included, at the earliest possible date, in CFD No. 1033. Landowner hereby
consents to the inclusion of the Property in CFD No. 1033 and to the levy and collection of the
Special Tax for CFD No. 1033 and hereby waives any and all rights to challenge the Formation
of, or Annexation to, CFD No. 1033, the proceedings to include the Property, the levy and
collection of the Special Tax for CFD No. 1033 and any and all other proceedings related
thereto.
Landowner represents that it is the person legally entitled and authorized to cast
the ballots attributable to the Property in the landowner, mailed-ballot election to be conducted
within CFD No. 1033 to determine, among other things, whether certain land, including the
Property, shall be included in CFD No. 1033 and shall be subject to the Special Tax.
Landowner consents to the assessment of the Special Tax on the Property in the
amount of $350.00 per parcel for Residential property per year and $2,445 per parcel for
Commercial, Retail, Office or Industrial property per year (2004 Special Tax amounts, subject to
adjustment in accordance with Section C.l of the Rate and Method of Apportionment attached
hereto as Exhibit "C") and waives the requirements for notice and hearing on the imposition of
said Special Tax, and waives any and all minimum time periods relative to the election pursuant
to Government Code Section 53326(a).
Further, the Landowner hereby waives the following:
a) the preparation and distribution of an impartial analysis of the ballot
measure, as well as arguments in favor and against, under the authority of
Government Code Section 53327(b);
b) the requirements regarding the time to mail ballots to the qualified electors
under Elections Code Section 4101, and agrees that the Landowner or
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Landowner's designated representative may accept either mailed service
or personal service of the ballots;
c) the requirements regarding identification envelopes for the return of
mailed ballots contained in Government Code Section 53327.5;
d) any and all defects in notice or procedure in the conduct of the election,
whether known or unknown (except the right to vote and to have the
ballots fairly counted), and Landowner hereby further states that the
election is being expedited, pursuant to this waiver and consent, at the
particular instance and request of the Landowner.
2.3 Other Prooerties. In order to equalize treatment of landowners seeking to
develop within the City boundaries, the City agrees to use its best efforts to enter into
agreements comparable to this Agreement with the owners of other properties within the City in
order to obtain financial commitments for Fire Station Services from them at least equal to that
committed to by the Landowner hereby; provided, however, if, notwithstanding the use of such
best efforts, the City is unable to enter into such agreements, such inability shall not constitute a
breach of this Agreement.
2.4 Landowner's Covenant. The Landowner hereby covenants to the City that
the Landowner shall provide, or by contract with any developer or merchant builder of any part
of the Property require to be provided, the "Notice of Special Tax" required by Section 53341.5
of the Act or any similar successor statute. The Landowner expressly acknowledges that the City
and CFD No. 1033 shall have no duty or obligation and shall incur no liability, jointly or
severally, with respect to the foregoing covenant of the Landowner.
2.5 Indemnification Regarding Disclosure. The Landowner shall assume the
defense of, indemnify and hold harmless the City and CFD No. 1033 and each of their officers,
employees and agents from and against any and all actions, damages, claims, losses, expenses or
liability arising from, or related to, Landowner's covenant and obligation to disclose the Special
Tax to property owners as provided in Section 53341.5 of the Act, or as amended in the future to
the extent such information is furnished by the Landowner.
3. Binding on Communitv Facilities District. Upon Annexation to CFD No. 1033,
CFD No. 1033 shall automatically become a party to this Agreement, and all provisions hereof
which apply to the City shall also apply to CFD No. 1033. The Mayor and the Common Council
of the City, acting as the legislative body of CFD No. 1033, shall perform all parts of this
Agreement which require performance on the part of CFD No.1 033.
4. General Provisions.
4.1 All of the covenants, stipulations, promises and agreements contained in
this Agreement by or on behalf of, or for the benefit of, any of the parties hereto, shall bind and
inure to the benefit of the successors of the respective parties
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4.2 Assignment.
(a) No Separate Transfers. No sale, transfer or assignment of any right
or interest under this Agreement shall be made unless made together with the sale,
transfer or assignment of all or a part of the Property.
(b) Notice and Assumption. Prior to Annexation of the Property into
CFO No. 1033 or paymcnt in full of thc In-Lieu Fee, then concurrent with any such sale,
transfer or assignment, or within thirty (30) days thereafter, the Landowner shall notify
the City, in writing, of such sale, transfer or assignment and shall provide City with an
executed agreement, in a form reasonably acceptable to the City, by the purchaser,
transferee or assignee by which the purchaser, transferee or assignee expressly and
unconditionally assumes all duties and obligations of the Landowner in this Agreement
with respect to the Property or part thereof conveyed.
(c) Consequences of Non-Compliance. Any sale, transfer or
assignment not made in strict compliance with paragraph (b) of this Section 4.2 shall
constitute a default by the seller, transferor or assignor under this Agreement; provided,
however, such default may be cured at any time by the purchaser, transferee, or assignee
executing an agreement pursuant to paragraph (b) of this Section 4.2 and no such default
shall affect the rights under this Agreement of any other owner of any part of the
Property. Notwithstanding the failure of any purchaser, transferee or assignee, to execute
the agreement required by paragraph (b) of this Section 4.2, the burdens of this
Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits
of this Agreement shall not inure to such purchaser, transferee or assignee until and
unless such agreement is executed.
4.3 Amendment and Waiver. This Agreement shall be amended only by a
written instrument executed by the parties hereto or their respective successors and assigns. All
waivers of this Agreement must be in writing and signed by the appropriate authorities of the
parties hereto.
4.4 Severabilitv. If any provision of this Agreement shall be held invalid,
illegal or unenforceable by a court of competent jurisdiction, the validity, legality or
enforceability of the remaining portions hereof shall not, in any way, be affected or impaired
thereby.
4.5 Integration. This Agreement supersedes any and all other agreements,
either oral or in writing, between the parties with respect to the subject matter of this Agreement.
4.6 Notices. Demands and Communication. Formal notices, demands and
communications between the City and the Landowner hereunder shall be sufficiently given if (i)
personally delivered, (ii) mailed by registered or certified mail, postage prepaid, return receipt
requested, or (iii) delivered by Federal Express or other reliable private express delivery service
to the principal offices of the City or Landowner, as set forth below. Such written notices,
demands and communications may be sent in the same manner to such other addresses as either
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party may from time to time designate by mail as provided in this Section. Such notices demands
or communications shall be deemed received upon delivery if personally served, or upon the
expiration of three (3) business days if given by other approved means as specified above:
If to the City:
City Hall
300 North "0" Street
San Bernardino, California 92418
Attn: Director, Development Services
If to the Landowner:
Dennis Sant, President
Greystone Homes II, LLC
617 N. Poplar Street
Orange, CA 92868
(714) 978-3266 Fax: (714) 978-2387
santdevel@aim.com
4.7 Attornevs' Fees. In any litigation arIsmg out of the breach of this
Agreement by any party, the prevailing party in such litigation, in addition to any other relief
which may be granted, whether legal or equitable, shall be entitled to recover reasonable
attorneys' fees and all other reasonable costs incurred in such litigation and allowed by the court.
The costs, salary and expenses of the City Attorney and members of his office, shall constitute
attorneys' fees for the purposes of this Agreement.
4.8 Interoretation. The terms of this Agreement, including all Exhibits hereto,
shall not be construed for or against any party by reason of the authorship of this Agreement, but
shall be construed in accordance with the meaning of the language used. The Section headings
are for purposes of convenience only, and shall not be construed to limit or extend the meaning
of this Agreement.
4.9 Force Maieure. The obligations of any party under this Agreement, and
all deadlines by which any party's obligations hereunder must be performed, shall be excused or
extended for a period of time equal to any prevention, delay or stoppage in performance which is
attributable to any strike, lock-out or other labor or industrial disturbance, civil disturbance, act
of a public enemy, war, riot, sabotage, blockade; embargo, lightning, earthquake, fire, storm,
hurricane, tornado, flood, explosion, court injunction, moratorium on any necessary public
utilities.
4.10 Recordation and Subordination.
(a) Recordation. This Agreement or a notice describing the existence
of this Agreement and the Property may be recorded by the Landowner or by the City.
The parties hereby agree to execute such documents as may be needed to give such
notice.
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(b) Subordination. Any existing monetary encumbrances or options in
favor of non-governmental agencies or entities shall be subordinated to this Agreement
prior to City certifying to the availability of the Fire Station Services for the Property.
4.11 Execution. This Agreement may be executed in several counterparts each
of which shall be an original and all of which shall constitute but one and the same agreement.
4.12 Mutual Coooeration. Each party to this Agreement agrees to cooperate
with the others, to act in good faith, to sign any other and further documents, and perform such
other acts, as may be reasonably necessary or proper in order to accomplish the intent of this
Agreement. No party shall do anything which shall have the effect of harming or injuring the
right of any other party to receive the benefits of this Agreement. The parties shall refrain from
doing anything which would render their performance under this Agreement impossible or
impractical.
4.13. No Third Partv Beneficiaries. This Agreement is made and entered into
for the sole protection and benefit of the parties and their successors and assigns. No other
person or entity shall have any right of action based on any provision of this Agreement.
4.14 Exhibits. All Exhibits attached hereto are incorporated into this
Agreement by reference
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FUNDING AND MITIGATION AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND GREYSTONE HOMES II, LLC, RELATIVE
TO MITIGATION OF FIRE STATION SERVICE IMPACTS
(SUBDIVISION NO. 05-04).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
first above written.
CITY:
LANDOWNER:
By:
~~~
PAT CK ~ORRIS: yor
GREYS TONE HOMES II, LLC
,r' " ,r ~ ,1___
I j I' r
By: h Li ~ i '" :\ "'\,,'-~
--1),. "J':t' ~ :5. ';",:f. tt/I1'~'7 }If~-t~,/
Print Name/Title:
Attest:
By:
I )....Ju..J.. ,b. Ct...g.A__I.::..
~ City Clerk
Approved as to form:
.g
ES F. PENMAN, City Attorney
F\Empeno\Planning\MitigationAgmtGreystone
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ACKNOWLEDGMENT
State of California
County of San Bernardino
On January 12, 2007 before me, David M. Gutierrez, Notary Public,
personally appeared Patrick J. Morris, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity on behalf of which the person acted,
executed the instrument.
WITNE~'mihand and official seal.
/ , . .~.. '
/ / / . -, '. ---
/ .', ' ,,/ .A~i
. , /, ' I 'j ,-
SIgnature / "\....1 -.--1: "'.._ .'L. '../ \
\
(Seal)
DA\I!O M. GU11E1IRU
Ccnvnls:lon # 1671908
NolaV Putlllc: - CotltomlO -
IalI8fl'adlnO COunlV
STATE OF L:c~lk1LLL.L\-._____________
COUNTY OF ___5,3i2L!.'L.bLI)jJI1Jl.lL1.D
on__~'iJr:(J[!1cLL';.Q7[b_1___ beloreme, ___J\[\L\pl iLO.~ J f I'illl'';:''~ II ~~i! ( . O.~ ICJ_ personally appeared
() ,(Q,"tOJ: 1fl'~e'-a~*~ntak,"~~~
"lr\111.~ s. ~ (( ~J;: personally known to me (or proved to me on the basis of satisfactory evidence)
( ama 0 rson slgmng)
to be the person(s) whose rame(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/herltheir authorized capacityOes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whic h the
person{s) acted, executed the instrument.
.- --- -- ---.
~ e' ANGELA RODRIGUEZ '
<( Comm, '1420132 ,.
~ NOTARY PUBLIC. CALIFORNIA ~
San Bem.tdino County .....
, My Convn. Expit.. August 10,2007
- - - - - - - - - - - - - - _ _ _ _ .t
(Seal)
F\Empeno\Planning\MitigationAgmtGreystone
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EXHffiIT A
LEGAL DESCRIPTION
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2007-5
EXHIBIT "An
LEGAL DESCRIPTION
APN: 0261-032-06
PARCEL 4 OF PARCEL MAP NO. 3778, AS PER PLAT RECORDED IN BOOK 35 OF
PARCEL MAPS, PAGE 69, RECORDS OF THE COUNTY RECORDER OF SAN
BERNARDINO COUNTY, STATE OF CALIFORNIA.
F\Empeno\Planning\MitigationAgmtGreystone
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EXHIDIT B
MAP OF PROPERTY
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EXHIBIT "B"
TENTATIVE TRACT NO. 14881
..o"'-9c
~.tt""'" PAR 2
J~1.-0
SI~""OJ>>c9
'""
...
1F:NTA nVf: TRACT NO 14881 80UNDARY-
PARCR 4 OF PARCeL MAP NO_ J778. AS PER PL'" r
ReCORDCD IN BOOI( J5, Of' PARCn MAPS, PAGe 69
ReCORDS OF TkC COUNTY OF SAN BERNARDINO
o
LOT!
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@)
LOT B
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LOCATIOr-.; OF
PROJECT
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Oh
CITY OF SAN BERNARDINO
DEPArlH1ENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
REAL PROPERTY SECTION
VICINITY MAP
Create::! cy-.i-$t:q
Dale:~
PROPERTY SUBJECT TO FUNDING AND MITIGATION AGREEMENT
RELATIVE TO THE VERDEMONT FIRE STATION IMPACT FEES
2007-5
EXHffiIT C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1033
CITY OF SAN BERNARDINO
This Rate and Method of Apportionment of this Special Tax sets forth the special tax
applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("CFD No.
1033") of the City of San Bernardino ("City") to be levied and collected according to the special
tax liability determined by the Common Council of the City, acting as the Legislative Body of
CFD No. 1033. The applicable Special Tax shall be determined pursuant to the application of the
appropriate amount or rate as described below. All Taxable Property within CFD No. 1m3,
unless exempted by law, or the provisions of Section E, below, shall be subject to the applicable
Special Tax levied and collected to the extent and in the manner herein provided.
This Rate and Method of Apportionment also is provided as an explanation to allow
landowners or residents within CFD No. 1m3 to estimate the Special Tax to be annually levied
and collected, or prepaid, as the case maybe, with regard to property within CFD No. 1033.
A. Definitions
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the California
Government Code.
"Administrative Expense" means any costs incurred by the City on behalf of CFD No.
1033 related to the determination of the amount of the annual levy of the Special Tax, the
collection of the Special Tax, and the other costs incurred in order to carry out the
authorized purposes ofCFD No. 1033.
"Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections
C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the
Initial Fiscal Year.
"Assessor's Parcel" means a parcel of land as designated on an official map of the San
Bernardino County Assessor which has been assigned a discrete identifying parcel
number.
"Commercial/Retail/OfficelIndustrial Property" means property zoned for commercial,
retail, office or industrial uses or other non-residential uses.
"Common Council" means the Common Council of the City of San Bernardino.
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"Residential Property" means for any Fiscal year all Taxable Property for which a.
foundation building permit for single family or multi-family units was issued prior to
May I preceding the Fiscal Year in which the Special Tax is being levied.
"Facilities" means the Fire Station Services as may be identified in the Community
Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office of
the City Clerk, or the continued operation and maintenance of the Verdemont Fire
Station, including but not limited to payment of compensation of employees, including
salaries and benefits, maintenance and operation of fire safety vehicles and the fire
station structures, any other expenses required to keep the such equipment and
improvements in fit operating condition and any incidental expenses (collectively, the
"O&M Expenses") to be financed by CFD No. 1033 pursuant to the Act.
"Fiscal Year" means the period starting on July 1st and ending the following June 30th.
"In-Lieu Fee" means a one-time fee, which fee shall be deposited into an interest bearing
reserve account for future O&M Expenses in the following amounts and for which a
further explanation of the In-Lieu Fee will be described in an estimated cost report:
Residential Zone
$6,349.88 per residential dwelling unit as an In-
Lieu Fee
Commercial, Retail, Office Zone
$44,358.47 per acre of development as set forth on
a site plan of development as an In-Lieu Fee
Industrial Zone
$44,358.47 per acre of development as set forth on
a site plan of development as an In-Lieu Fee
"Land Use Class" means any of the classes of Property listed in Table I and Table 2,
below.
"Project" means any project undertaken for the purpose of development involving the
approval or issuance of any permit or entitlement for use by any governmental agency
and includes all such permits and entitlements for use whether classified as quasi-
legislative, quasi-judicial or ministerial in nature, including, but not limited to, the
adoption, amendment, approval or issuance of any general plan, specific plan, master
plan, zoning ordinance, tentative subdivision map, tentative parcel map, final subdivision
map, final parcel map, variance, conditional use permit, site plan, plot plan, development
plan, annexation, public utility connection, building permit and certificate of occupancy.
"Taxable Property" means all Assessor's Parcels within the boundaries ofCFD No. 1033
which are not exempt from the Special Tax pursuant to the Act and the provisions of
Section E. herein.
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B. Assignment to Land Use Classes
As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable
Property within CFD No. 1033 shall be categorized as' Residential Property or either
CommerciaIlRetail/Office/Industrial Zone Property. Taxable Property shall be subject to
a Special Tax pursuant to Sections C. and D. below.
C. Special Tax
1. Residential Property
The Special Tax for each Assessor's Parcel classified as Residential Property
shall be the amount determined by reference to Table 1 and the paragraphs that
follow Table I.
Table I
Special Tax Rates for Residential Property
(For the Initial Fiscal Year 2004-05)
Land Use Class
Land Use DescriDtion
Special
Tax Per Unit (2004-05)
1
2
Single Family Detached Unit
Multi-Family Unit/Attached Dwelling Unit
$350.00
$350.00
In determining the Special Tax which may be levied in any Fiscal Year, on July 1, 2005, and on
each July 1 thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the
amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1,2033.
The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30th)
Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax
shall terminate as of June 30, 2034.
2. CommerciallRetail/Office/lndustrial Zone Property
The Special Tax for each Assessor's Parcel classified as either Commercial,
Retail, Office, or Industrial Zone Property shall be the amount determined by
reference to Table 2 and the paragraphs that follow Table 2.
Table 2
Special Tax Rates for Commercial/Retail/Office/Industrial Zone Property
(For the Initial Fiscal Year 2004-05)
Land Use Class
Land Use DescriDtion
Special
Tax Per Acre (2004-05)
3
4
5
6
Commercial
Retail
Office
Industrial
$2,445.00
$2,445.00
$2,445.00
$2,445.00
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In determining the Special Tax which may be levied in any Fiscal Year, on July 1,2005, and on
each July I thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the
amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July I, 2033.
The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (3oth)
Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax
shall terminate as of June 30, 2034.
D. Method of Apportionment of the Special Tax
Commencing with Fiscal year 2004-05, and each Fiscal Year thereafter, the Council shall
determine the Special Tax to be collected from Taxable Property in CFD No. 1033. The
Council may levy the Special Tax on all Assessor's Parcels of Development Property by
levying the Special Tax for Land Use Classes 1,2,3,4,5 and 6.
E. Limitations
The Council shall not levy a Special Tax on properties owned by the State of California,
federal or other local governments, except as otherwise provided in Sections 53317.3 and
53317.5 of the Act. Property which becomes the property of the State of California, the
federal government or other public agency is liable for the Special Tax levied in the
Fiscal Year during which such transfer occurs and will be subject to the Special Tax in
each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel.
Such Assessor's Parcel may be exempted, at the direction, and in the discretion, of the
Council in any Fiscal Year.
F. Prepayment of the Special Tax
Any owner of property within CFD No. 1033 may discharge the Special Tax obligation
in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as
follows:
1. Upon the Approval of a Tentative or Parcel Map
At the time of approval of a tentative or parcel map, the owner of such residential
unit may prepay the Special Tax in full or in part by making a cash payment to
CFD No. 1033, in which case the Special Tax for the Initial Fiscal Year, and each
Fiscal Year thereafter, shall be reduced according to the following steps:
a. Determine the maximum prepayment if the owner were to prepay the
Special Tax in entirety. For example, for Projects approved prior to July I,
2005, the maximum prepayment for each residential unit is $6,439.88 and
for each acre of development as set forth on a site plan of development for
Commercial/Retail/Office or Industrial zone property is $44,358.47.
b. Determine the property's revised Special Tax by multiplying the
property's applicable Special Tax for the Initial Fiscal Year determined
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2007-5
pursuant to Section C. 1. by one minus the quotient obtained by dividing
the cash payment made by the owner pursuant to this Section F. I .b. by
the maximum prepayment obligation determined pursuant to Section F. I
.a. The property's revised Special Tax for the Initial Fiscal Year, and each
Fiscal Year thereafter, shall be the Special Tax for the applicable land use
designation (Residential or Commercial/Retail/Office/lndustrial zone
Property) for purposes of Sections C. and D. herein.
2. After the Approval of the Tentative Map/Parcel Map
After the time a tentative or parcel map has been approved, and prior to May I for
the next succeeding Fiscal Year, the owner of such parcel may prepay the Special
Tax in full or in part by making a cash payment to CFD No. 1033, in which case
the Special Tax for the applicable Fiscal Year, and each Fiscal Year thereafter,
shall be reduced according to the following steps:
a. Compute the present value of the Special Tax using a period equal to the
lesser of the remaining term for which the Special Tax may be levied on
such parcel; then
b. Multiply the amount determined in Section F.2.a; above, by the owner's
desired prepayment percentage (which shall be a minimum of twenty
percent (20%) of the present value of the total Special Tax) to determine
the prepayment amount subject to additional adjustments as specified
below; then
c. Add the following to the result of Section F.2.b.:
I) Unpaid special taxes, interest and penalties, if any. which have
been entered on the Assessor's tax roll; and
iv) a $75 administrative charge per Assessor Parcel.
d. The Special Tax applicable to property utilizing a prepayment percentage
less than 100% shall be revised in the Fiscal Year following the date of
prepayment by multiplying such property's Special Tax by the
prepayment percentage actually determined in Section F.2.b. Such
property's revised Special Tax for the Fiscal Year following the date of
prepayment, and each Fiscal Year thereafter, shall be the Special Tax for
such property for purposes of Sections C. and D. herein.
In no event shall the In-Lieu Fee be increased by more than 2% per year nor shall the Tax
be increased by more than 2% per year, based upon a cost inflation formula to be continued in
the Estimated Cost Report and the Engineer's Report and made a part of the formation
documents for the District, from the previous year for any property located within the District
that was previously assessed and charged with the Tax in the immediately preceding year. The
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: I
Special Tax and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the
O&M Expenses, (ii) the annexation of additional property into the District, (iii) the payment of
the O&M Expenses, or any portion thereof, with funds other than the Tax, (iv) the amount of In-
Lieu Fees available to be applied for the applicable for which the calculation is being made, and
(v) any other changes which may affect the estimated O&M Expenses for such year.
G. Manner of Collection
The Special Tax will be collected in the same manner and at the same time as ordinary ad
valorem real property taxes. The Special Tax shall be subject to the same penalties and
the same procedure, sale and lien priority in case of a delinquency as provided for with
ad valorem taxes. The collection of the Special Tax shall otherwise be subject to the
provisions of the Act. The Common Council reserves the power to provide for alternative
means of collection of special taxes as permitted by the Act.
H. Termination of Special Tax Levy
Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent,
the lien of special taxes of CFD No. 1033 shall terminate as to such Assessor's Parcel at
the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal
Year for such Assessor's Parcel. Furthermore, provided an owner within CFD No. 1033
fully and completely discharges their special tax obligation pursuant to Sections F.l
and/or F.2, the lien of special taxes of CFD No. 1033 shall terminate.
Pursuant to Section 53330.5 of the Act, the Common Council shall, upon written request,
cause to be recorded in the official records of San Bernardino County a Notice of
Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on
such Assessor's Parcel.
I. Review/Appeal Board
The Council shall establish, as part of the proceedings and administration of CFD No.
1033, a special Review/Appeal Board. Any landowner who feels that the amount of the
Special Tax, as to their Assessor's Parcel, is in error may file a notice with the
Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall
interpret this Rate and Method of Apportionment of the Special Tax and make
determinations relative to the annual administration of the special tax and any landowner
appeals, as herein specified.
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