Loading...
HomeMy WebLinkAboutMINUTES - 08111992 - 1.4 (2) -, 0 �/"t,.:S�=�L ,Off, /•' ' .. t = Contra Costa TO: BOARD OF SUPERVISORS FROM: Victor J. Westman Count y Counsel County osTq_covK'� DATE: August 11 , 1992 SUBJECT: Settlement of ,Litigation - County of Contra Costa, et al. v. All Persons Interested, et al. - Contra Costa County Superior Court No. C90-05553 ;(Napa County Superior Ct. Case No. 63075 ) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Receive the attached Settlement Agreement Between the Pleasant Hill Redevelopment Agency, The City of Pleasant Hill, The County of Contra Costa, The Contra Costa County Flood Control and Water Conservation District and the Contra Costa County Fire Protection District, dated July 6 , 1992 . BACKGROUND/REASONS FOR RECOMMENDATIONS An agreement has been reached, within authorization, settling the lawsuit of County of Contra Costa, et a1 v. All. Persons Interested, et al. , Contra Costa County Superior Court Case No . C90-05553, Napa County Superior Court Case No. 630075 . This '.lawsuit related to the most recent amendment to the Pleasant Hill Redevelopment Agency Redevelopment Plan. This action should be taken so that terms of this settlement are known publicly. CONTINUED ON ATTACHMENT: —ZYES SIGNATU i RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION 01rBOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON ANG I 1 1992 APPROVED AS RECOMMENDED OTHER IT IS ORDERED BY THE BOARD that the above recommendation is APPROVED. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED,_ 1}'U USf' /I_ 992- CC: County Administrator PHIL ATCHELM, CLERK OF Attn: Tony Enea THE BOARD OF SUPERVISORS Community Development COUNTY ADMINISTRATOR Attn: Jim Kennedy BY -`- , DEPUTY SLA:df ' dfll(7.): settle.bdm DUPUCATE ORIGINAL SETTLEMENT AGREEMENT BETWEEN THE PLEASANT HILL REDEVELOPMENT AGENCY, THE CITY OF PLEASANT HILL, THE COUNTY OF CONTRA COSTA, THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT THIS AGREEMENT (herein the "Agreement") is made and entered into this 6th day of July , 1992, by and between the PLEASANT HILL REDEVELOPMENT AGENCY ("Agency"), the CITY OF PLEASANT HILL ("City"), the COUNTY ;OF CONTRA COSTA, which includes the Contra Costa County Library District ("County"), the CONTRA COSTA COUNTY FLOOD' CONTROL AND WATER CONSERVATION DISTRICT ("Flood Control District"), and the CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT ("Fire District"). The County, Flood Control District and the Fire District may be collectively referred to herein as the "Taxing Agencies." Recitals A. The City Council of the City of Pleasant Hill (the "City Council") adopted and approved an amendment (the "Amendment") to the Redevelopment Plan (the "Redevelopment Plan") for the Pleasant Hill Commons Redevelopment Project (the "Project") by Ordinance No. 654 on November 26, 1990. B. Pursuant :to the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.), the Agency is charged with the responsibility of carrying out the Redevelopment Plan. C. On December 21, 1990, the County, together with the Contra Costa County Fire Protection District, Mount Diablo Unified School District, Contra Costa Sanitary District, and the Contra Costa County Flood Control and Water Conservation District (the "Plaintiffs"), filed an action entitled County of Contra Costa, et al. v. All Persons, etc., et al., Contra Costa County Superior Court No. C90-05553, challenging the validity of the Amendment. In addition, on February 7, 1991, Plaintiffs filed an answer as interested parties in the action filed by the Contra Costa Community College District challenging the Amendment entitled, Contra Costa Community College District v. City of Pleasant Hill Redevelopment PHL/CountySettlementAgmt 6/18/92 Agency, et al., Contra Costa Superior Court No. C90-05417. Contra Costa County Superior Court No. C90-05553 and No. C90-05417 have been consolidated into Napa County Superior Court.No. C63075. D. The Plaintiffs are taxing agencies with territory located within the boundaries of the Project (herein the "Project Area"). E. The Redevelopment Plan provides for "tax increment financing" pursuant to which ad valorem taxes levied on the taxable property within the Project Area are to be allocated to the Agency pursuant to California Constitution, Article XVI, Section 16, and Health and Safety Code Section 33670. F. Meetings have been held by the parties at which the Taxing Agencies have expressed concern over the fiscal impact of the Amendment and the burden or detriment they believe "they will experience because of the allocation of tax increment monies to implement the Amendment. G. The California Community Redevelopment Law, at Section 33401, provides that a redevelopment agency may pay to any taxing agency with territory located within a redevelopment project area any amounts of money which in the redevelopment agency''§ determination are necessary and appropriate to alleviate any financial burden or.detriment caused to such taxing agency by a redevelopment project. H. The parties hereto deem it appropriate to agree upon payment of tax increment monies by the Agency to the Taxing Agencies to alleviate any financial burden that may be caused by implementation of the Redevelopment Plan through a net increase in the quantity and quality of services which the Taxing Agencies will provide to the Project Area and through loss of property tax revenues to the Taxing Agencies because of changes in ownership and new construction which would have been received or was reasonably expected to be received if the Redevelopment Plan was not adopted. It is for this reason, and to amicably resolve the legal actions pending between the parties; that the parties enter into this Agreement. I. The parties to this Agreement have agreed to settle all claims, demands and disputes between themselves arising from the adoption of the Amendment by making and executing this Agreement. J. As used in this Agreement, the following terms shall have the meanings set forth herein: 1. Available Annual Tax Increments: "Available Annual Tax Increments" means the annual amount of Tax Increments the Agency will have PML/CountySettlementAgmt -2- 6/18/92 remaining after the Agency has paid the annual Agency Priority Obligations set forth in Section 2 hereof. 2. Base Year Roll: The "Base Year Roll" means the 1974-75 assessment roll. 3. County's Share: The "County's Share" means the proportionate percentage share of the; Tax Increments that the County, including the County Library, would have received as property taxes from the Project Area at the time of the effective date of the Ordinance approving the Amendment, were there no provision in the Redevelopment Plan for the allocation of Tax Increments to the Agency. The County's-current proportionate percentage share of the Tax Increments is 28.70 percent. In the event the current County's proportionate percentage share of 28.70 percent is changed due to future changes in law, the County's Share shall be changed accordingly. 4. Fire District's Share: The "Fire District's Share" means the proportionate percentage share of the Tax Increments that the Fire District would have received as prope,;rty taxes from the Project Area at the time of the effective date of the Ordinance 'approving the Amendment were there no provision in the Redevelopment Plan for the allocation of Tax Increments to the Agency. 5. Inflationary Increases: "Inflationary Increases;' as used in m Section 2.e. for payent to the Flood Control District and the Fire District, means the increases in assessed value of the taxable property in the Project Area above the 1990-91 assessment roll which will be calculated annually pursuant to subdivision (f) of Section 110.1 of the Revenue and Taxation Code. "Inflationary Increases," as used in Section 2.g. for payment to the Other Affected Taxing Agencies, means the increases in assessed value of the taxable property in the Project Area above the Base Year roll which have been or will be calculated annually pursuant to subdivision (f) of Section 110.1 of the Revenue and Taxation Code. 6. Tax Increments: "Tax Increments" means that portion of the property taxes levied each year on increases in the assessed values of the property within the Project Area above the sum of the assessed values as shown on the Base Year Roll which are payable to the Agency (exclusive of amounts allocated to affected taxing agencies pursuant to Section 33676 of the Health and Safety Code) to pay the principal of an,d interest on loans, monies advanced to or indebtedness incurred by the Agency to finance or refinance, in whole or in part, redevelopment in accordance with the Redevelopment Plan pursuant to Article XVI, Section 16, of PHL/CountySettlementAgmt -3- 6/18/92 the California Constitution, Section 33670 et seq. of the Health and Safety Code, and the Redevelopment Plan. Agreements NOW, THEREFORE, THE AGENCY, THE CITY AND THE TAXING AGENCIES AGREE AS"FOLLOWS: Section 1. Subject to the provisions of Section 2 hereof and after making the payments describedin that Section, commencing with the Agency's 2000-2001 fiscal year the Agency agrees to pay to the County, annually upon the Agency's receipt of allocation of Tax Increments from the Project, the County's Share of Tax Increments. The obligation of.the Agency to make annual payments to the County pursuant to this Section: 1 is a special, limited obligation of the Agency, limited to the amount of Available Annual Tax Increments from the Project, and is not a general obligation of the Agency, the City or any other entity. The Agency and ;County understand and agree that it will be a number of years before there is Available Annual Tax Increment to pay the County the annual payments in this Section 1 and, therefore, the County agrees to defer receipt of all or any portion of the amount of the annual payments in this Section 1 until such time as there are Available Annual Tax Increments. The Agency shall maintain an account of all payments deferred pursuant to this Section 1 and shall annually report the amount of all deferrals to the County. In any year in which there are any Available Annual Tax Increments, the amount of Available Annual Tax Increments shall be used to pay: (a) first, all or any portion of the amount of annual payment owed for that year; ands(b) second, any amounts deferred. Any portion of the amounts deferred which remains unpaid upon the termination of the Redevelopment Plan and all amendments thereto shall be automatically forgiven. Section 2. The Agency and the County understand and agree that the Agency's obligation to make the annual payments to the County as set forth in Section 1 hereof is subordinate only to the annual payment of the Agency Priority Obligations, as defined::herein. PHL/CountySettlementAgmt -4- 6/18/92 The Agency Priority Obligations means and includes the annual obligations of the Agency described herein, which shall be paid in the following order of priority: a. Payment of the Agency's 1991 bond issue annual debt service payments in the amounts set forth in Exhibit A, attached hereto and incorporated herein by:;reference. The bond issue debt service payments shall not exceed a total maximum amount of $23,327,000. b. Deposit of the Agency's Tax Increments into the Agency's low- and moderate-income housing fund, as required pursuant to Sections 33334.2 and 33334.3 of the Health and Safety Code (the "Agency's Housing Fund"), provided that this obligation shall only have priority status up 'to twenty percent (20%) of the gross Tax Increments, and only to the extent that a 20 percent set aside is required by law. In the event the law requires more than a twenty percent (20%) housing set aside, the amount of set aside in excess of 20 percent of the gross Tax Increment's shall be the responsibility of the Agency and shall not be an Agency Priority Obligation, however, in no event shall the Agency be required to make any payments to the County prior to receiving the annual payment of the Agency Priority Obligations. C. Agency receipt of the Tax Increments generated after the effective date of the Ordinance approving the Amendment from the properties identified::in Exhibit B, attached hereto and incorporated herein by reference/:up to a maximum amount of $52,274,000 for the development of such properties. d. Payments 4o the Mosquito Abatement District, the East Bay Regional Parks District, and the Pleasant Hill Recreation and Park District in the amounts set forth in their negotiated agreements with the Agency pursuant to Section 33401 of the Health and Safety Code. Any payments:in excess of the amounts authorized in such negotiated agreements shall not be an Agency Priority Obligation. e. Commencing with fiscal year 1992-93, the Agency agrees to pay the Flood Control District and the Fire District their proportionate percentage share of the tax.':revenues derived from the Inflationary Increases that would have been paid to them from the Project Area were there no provision in the Redevelopment Plan for the allocation of Tax Increments to the Agency. PHL/CountySettlementAgmt -5- 6/18/92 f. Agency costs for administration, repayment of City debt and the costs of certain projects to be undertaken by the Agency within the Project Area in a maximum amount of $35,667,000 over the life of the Project and in the maximum annual amounts set forth in Exhibit C, attached hereto and incorporated herein by reference. g. Commencing with year 11 (fiscal year 2000-2001) and continuing until termination of the Redevelopment Plan, annual payments to the Contra Costa County Central Sanitary District, the Mount Diablo Unified School District and the Contra Costa Community College District (the "Other Affected Taxing Agencies") in amounts equal to each of the Other Affected Taxing Agencies' proportionate percentage share of the tax revenues derived from the Inflationary Increases that would have been paid to them from the Project Area were there no provision;in the Redevelopment Plan for the allocation of Tax Increments to the Agency. Payments to the Other Affected Taxing Agencies as set forth herein shall only be an Agency Priority Obligation if the applicable Other Affected Taxing Agency has entered into an agreement with the Agency that provides for the payment set forth herein. In the event that'in any year there are insufficient Tax Increments to pay the Agency the annual amounts of the Agency Priority Obligations set forth herein, the difference between the:annual amounts of the Agency Priority Obligations and the annual amounts actually paid to the Agency shall be paid to the Agency in the next year in which there are' sufficient Tax Increments to pay the Agency the annual amounts of the Agency;;Priority Obligations and pay any amounts owed for the previous year or years...' Any amounts owed for the previous year or years shall be considered an Agency Priority Obligation. Section 3. During the first fiscal year and each year thereafter in which there have been Available Annual Tax Increments for the Agency to have paid all deferred amounts owed and make full payment of the County's Share to the County pursuant to Section 1 hereof, the Agency shall pay the Fire District fifty percent (50%) of the Fire District's Share of Tax Increments. PHL/CountySettlementAgmt -6- 6/18/92 Section 4. The City presently intends to establish a City-wide developer fee, pursuant to Government Code Section 66016, for fire facilities in either an amount not less than the fee imposed by the County in unincorporated areas within the boundaries of the Contra Costa County Consolidated Fire District, as such fee amount exists on June'1, 1992, or the maximum amount permitted by law, except that the parcels identified in Exhibit D, attached hereto and incorporated herein by reference, shall be exempt from such fee. In the event the County reduces the June 1, 1992, fee amount in any year during the term of this Agreement, any City-wide developer fee that may;:be adopted and imposed pursuant to this Section may be reduced in accordance with the County's reduced fee. Section 5. The Agency agrees that it shall use the portion of the Agency Housing Funds which are generated from new development on certain properties to be assembled on Beatrice Lane, as listed on Exhibit E, attached hereto and incorporated herein by reference (the "Beatrice Lane Properties") to assist the County in providing for the development of affordable low- or moderate-income housing either on the County-owned portions of the Beatrice Lane Properties or on other County-owned property located on Chilpancingo Parkway. The Agency shall work with the County and use its best efforts to cause the City to work with the County to obtain the land use entitlements necessary to provide for an economically feasible affordable low- or moderate-income housing project on the Chilpancingo Parkway property and not to cause any unreasonable delays in obtaining approval of any discretionary actions. The Agency and"the County agree that the Agency shall be designated as a co-sponsor of any housing developed and financed as set forth in this Section 5. Section 6. The Agency agrees to participate in and finance and use its best efforts to cause the City to participate in a joint planning process with the County for the Oak Park Elementary School site (the "School Site"), as set forth in this Section 6. Within two years from the date of this Agreement, the Agency shall cause the City to prepare a specific Plan for the School Site (the "Specific Plan"). The Specific Plan shall include, but;not be limited to, the following alternative land uses for development of the School Site: (a) exclusively residential uses; (b) exclusively commercial uses; and (c) mixed commercial and residential uses. Other uses may be examined in the Specific Plan; provided, however, that no non-revenue producing PHL/CountySettlementAgmt -7- 6/18/92 uses shall be considered for the School Site. The Specific Plan will examine issues, including, but not limited to, land use, circulation, drainage and optimal financial returns to the County. The Agency agrees to provide financial assistance for development of the School Site in an amount determined necessary by the Agency and the County to achieve the stated goals of the Specific Plan; provided, however, that: (a) the Agency's financial assistance shall only be payable from and shall not exceed an amount equal to the Tax Increments the Agency receives from the School Site; and (b) the development is;consistent with the Redevelopment Plan for the Schoolyard Redevelopment Project. Section 7. This Agreement shall constitute an indebtedness of the Agency within the meaning of Section 33670 et seq. of the Health and Safety Code. Section 8. The Taxing Agencies agree not to file or engage in any further litigation directly or indirectly testing or challenging the validity of the Project, the Amendment, the Final Environmental Impact Report on the Amendment (herein the "Final EIR"), the Ordinance adopting the Amendment (the "Ordinance"), the implementation of the Project, or this Agreement. Further litigation, as used in this Section 8, shall include.any and all affirmative acts on the part of the Taxing Agencies in Contra Costa Community College District v. City of Pleasant Hill Redevelopment Agency;,et al., Napa County Superior Court No. C63075. In the event a judgment becomes final on any existing litigation or new litigation attacking the validity of the Project or the Amendment, which declares the Project, the Amendment, the Final'EIR or the Ordinance invalid, and the Agency no longer receives the additional' Tax Increments authorized pursuant to the Amendment, this Agreement shall become null and void. Section 9. This Agreement shall be a complete settlement of all disputes between the Agency, the City and the Taxing Agencies with regard to County of Contra Costa, et al. v. All Persons, etc., et al., Napa County Superior Court No. C63075. The parties hereby agree that each party shall bear its own costs, including any attorneys' fees. PHL/CountySettlementAgmt -8- 6/18/92 Section 10. This Agreement shall be effective as of the date that both the Request for Dismissal is entered in County of Contra Costa, et al. v. All Persons, etc., et al., Napa County Superior Court No. C63075, pursuant to the Request for Dismissal attached hereto as Exhibit F and incorporated herein by reference, and the filing by the Taxing Agencies of a motion to withdraw its answer in Contra Costa Community College District v. City;of Pleasant Hill Redevelopment Agency, et al., Napa County Superior Court No. C63075. In the event that either the Request for Dismissal is not entered or the motion to withdraw the answer is not granted by October 1, 1992, this Agreement shall become null and void. Section 11. If any party fails to comply with its obligations under this Agreement, the prevailing party in any litigation arising from such failure shall be entitled to recover its costs and reasonable attorneys' fees. Section 12. This Agreement does not constitute an admission of liability on the part of any party, individually or collectively, with respect to any of the disputed claims referenced herein. Section 13. No in this Agreement shall prevent the Taxing Agencies from objecting to any future amendments to the Redevelopment Plan on any basis, and any such objection shall not invalidate this Agreement. Section 14. The Agency agrees that it will claim the amounts it is obligated to pay pursuant to Sections 1 through 3 of this Agreement on its Statement of Indebtedness filed with the County Auditor-Controller pursuant to Health and Safety Code section 33675 in their order of priority as set forth in this Agreement. To facilitate administration of payments pursuant to this Agreement, the Agency and the Taxing Agencies agree that in lieu of the County Auditor-Controller making payments to the Agency pursuant to Health and Safety Code section 33670 and the Agency then making payments pursuant to this Agreement to the Taxing Agencies, the County Auditor-Controller may withhold from the amount to be paid to the Agency pursuant to Health and Safety Code section 33670 the amounts to be paid by the Agency to the Taxing Agencies pursuant to this Agreement and pay such amounts to such entities directly. Prior to the County Auditor-Controller allocating directly to the Taxing Agencies the amounts payable under this Agreement, the PHL/CountySettlementAgmt -9- 6/18/92 County Auditor-Controller shall send the Agency the supporting information and calculations used to determine the amounts it is withholding for allocation to the Taxing Agencies pursuant to this Agreement. If the Agency disputes an amount payable to one of the Taxing Agencies under this Agreement, the County Auditor- Controller shall hold the monies to be paid to the applicable Taxing Agency until the Agency and the applicable Taxing Agency agree on the amount to be allocated to the Taxing Agency. Section 15. This Agreement shall commence upon the date first above written and shall continue and remain in effect until termination of the Redevelopment Plan and as long as the Agency is entitled to receive and does receive Tax Increments from the Project Area authorized pursuant to the Amendment, provided that in the event the Agency amends its Redevelopment Plan in the future, the County retains the right to object to said future amendment. Section 16. Notwithstanding anything to the contrary in this Agreement, and subject to the requirements of state law, the County shall be entitled to receive and collect all tax revenues from the Project Area attributable to or resulting from: a. Taxes raised by a rate levied by the County to pay bonded debt for the acquisition or improvement of real property, if the tax levied to pay the bonded debt was approved by the voters on or after January 1, 1989. (Cal. Const., art. XVI, § 16.) b. Increases in the rate of a tax which occur after the year in which the Redevelopment Plan was adopted, if the County has complied with Health &,,Saf. Code § 33676. C. The levy and collection of benefit assessments levied pursuant to state law. d. Tax revenues imposed for the benefit of the County which, because of an amendment to the California Constitution, Article XVI, Section 16 after the effective date of this Agreement, are not Tax Increments. PHL/CountySettlementAgmt _10- 6/18/92 IN WITNESS WHEREOF, the Agency, the City, the County, the Flood Control District and the Fire District have executed this Agreement as of the date first above written. APPR Mpecial M: PLEASANT HILL REDEVELOPMENT GENCY By --Tc_S;1 Agenc Counse By _ hair By S etary "AGENCY" CITY OF PLEASANT HILL By, Li�if.�.��_ Mayor By ,.0=„ COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CONTRA COSTA COUNTY FIRE PROTE TION DISTRICT By: APPROVED: ATTEST: -)7� Phil Batchelor Tony En a, Deputy County Clerk of the Board of Supervisors Administra o'r and County Administrators p By:-- j y. Ji Kenne y, Deputy Di ctor, Redeve pment "TAXING AGENCIES" FORM t%'1`oR J. WES AN Got; It; gal PHL/CountySettlementAgmt -11- 6/18/92 EXHIBIT A AGENCY 1991 BOND ISSUE DEBT SERVICE PAYMENTS Fiscal Series 1991 Year Bond Debt Ending Service 1991 $ 0 1992 780,000 1993 779,000 1994 778,000 1995 7761000 1996 778,000 1997 780,000 1998 781,000 1999 781,000 2000 775,000 2001 779,000 2002 776,000 2003 778,000 2004 778,000 2005 777,000 2006 780,000 2007 776,000 2008 777,000 2009 776,000 2010 778,000 2011 779,000 2012 778,000 2013 776,000 2014 776,000 2015 780,000 2016 776,000 2017 775,000 2018 772,000 2019 776,000 2020 777,000 2021 780,000 2022 (f 2023 0 2024 0 2025 0 2026 0 2027 0 2028 2029 0 2030 0 Total $23,327,000 EXHIBIT B DOWNTOWN DEVELOPMENT PARCELS 150-181-019 150-182-012 150-210-033 150-181-020 150-182-015 150-210-034 150-181-021 150-182-016 150-210-035 150-181-022 150-182-017 150-210-036 150-181-023 150-182-018 150-210-037 150-181-024 150-182-019 150-210-038 150-181-033 150-182-020 150-210-039 150-181-036 150-182-022 150-210-040 150-181-040 150-182-023 150-210-041 150-181-041 150-182-025 150-210-045 150-181-042 150-182-027 150-210-049 150-181-043 150-182-029 150-210-051 150-181-045 150-182-036 150-210-052 150-181-047 150-182-037 150-210-053 150-182-001 150-182-038 150-210-055 150-182-002 150-182-039 150-210-059 150-182-003 150-182-040 150-210-062 150-182-004 150-182-041 149-110-056 150-182-005 150-182-042 149-110-053 150-182-006 150-182-045 149-110-079 150-182.007 150-210-010 149-110-080 150-182-010 150-210-032 149-110-081 150-182-011 149-110-082 EXHIBIT C AGENCY ADMINISTRATION, CITY DEBT REPAYMENT AND OTHER PROJECT AREA PROJECTS Fiscal Remaining Year Agency Ending Funds 1991 $ 0 1992 328,000 1993 260,000 1994 505,000 1995 469,000 1996 .329,000 1997 374,000 1998 684,000 1999 737,000 2000 804,000 2001 388,000 2002 402,000 2003 418,000 2004 414,000 2005 432,000 2006 451,000 2007 471,000 2008 486,000 2009 500,000 2010 522,000 2011 545,000 2012 570,000 2013 596,000 2014 586,000 2015 601,000 2016 610,000 2017 620,000 2018 630,000 2019 641,000 2020 658,000 2021 673,000 2022 565,000 2023 575,000 2024 585,000 2025 596,000 2026 1,069,000 2027 3,522,000 2028 5,372,000 2029 3,773,000 2030 3,9- Total $35,667,000 EXHIBIT D PARCELS EXEMPT FROM FIRE FACILITIES FEE 150-181-019 ISO-182-012 150-210-033 150-181-020 150-182-015 150-210-034 150-181-021 150-182-016 150-210-035 150-181-022 150-182-017 150-210-036 150-181-023 150-182-018 150-210-037 150-181-024 150-182-019 150-210-038 150-181-033 150-182-020 150-210-039 150-181-036 150-182-022 150-210-040 150-181-040 150-182-023 150-210-041 150-181-041 150-182-025 150-210-045 150-181-042 150-182-027 150-210-049 150-181-043 150-182-029 150-210-051 150-181-045 150-182-036 150-210-052 150-181-047 150-182-037 150-210-053 150-182-001 150-182-038 150-210-055 150-182-002 150-182-039 150-210-059 150-182-003 150-182-040 150-210-062 150-182-004 150-182-041 149-110-056 150-182-005 150-182-042 149-110-053 150-182-006 150-182-045 149-110-079 150-182-007 150-210-010 149-110-080 150-182-010 150-210-032 149-110-081 150-182-011 149-110-082 EXHIBIT E BEATRICE LANE PROPERTIES 149-130-016 149-130-017 149-130-018 149-130-019 149-130-020 149-130-021 149-130-022 149-130-023 149-130-024 149-130-025 149-130-026 149-130-028 149-130-130 E)GHBIT F Name,Address and Telephone Number of Attorney(s) Space for Use of Court Clerk Only Attorney(s) for Plaintiffs of.Contra Costa,_et.al, VPERIOR.COURT OF CALIFORNIA, COUNTY OF NAPA (SUPERIOR,MUNICIPAL,OR JUSTICE) .......................................................................................................................................................................... (Name of Municipal or Justice Court District or of branch court,if any) Plaintiff(s): CASE NUMBER C63075 County of Contra Costa, et al. REQUEST FOR DISMISSAL TYPE OF ACTION Defendant(s): ❑ Personal Injury, Property Damage and Wrongful Death: All Persons Interested in the Matter ofilthe Amendment to ❑ Motor Vehicle ❑ Other the Redevelopment Plan for the Pleasant Hill Commons ❑ Domestic Relations ❑ Eminent Domain Redevelopment Project, etc., et al. ® Other: (Specify) MandaLmus.1(zWXiQn.AdiQn....................... (Abbreviated Title) TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.) 1. ® With prejudice ® Without prejudice 2. ❑ Entire action Complaint only ❑ Petition only ❑ Cross-complaint only ® Other: (Specify)' As to Defendants County of Contra Costa,Contra Costa County Fire Protection District and Contra Costa County Flood Control and Water Conservation District Dated................................................................................................................... If dismissal requested is of specified parties only,of specified causes of action Attorney(S)for Pi only or of specified cross-complaints only,so state and identify the parties, alnRiff&..�iQlAnXy..af.�'if2ntXr�.�.rQtr�..>Kt. �.... causes of action or cross-complaints to be dismissed. (Type or print attorney(s)name(s)) TO THE CLERK: Consent to the above dismissal is hereby given." Dated: ................................................................................................................ "When a cross-complaint(or Response(Marriage)seeking affirmative relief)is Attorney(s) for on file,the attorney(s)for the cross-complainant(respondent)must sign this ............................................. consent when required by CCP 581(1),(2)or(5). (Type or print attorney(s)name(s)) (To be completed by clerk) El Dismissal entered as requested on ............................................................................................................................ ................................................................. ❑ Dismissal entered on ...............................................................................................as to only.............................................................................------------------...... ❑ Dismissal not entered as requested for the following reason(s), and attorney(s) notified on .............................................................. , Clerk Dated: ................................................................................................................ By , Deputy Form Adopted by Rule 982 of REQUEST FOR DISMISSAL CCP Sol,etc.; The Judicial Council of California Cal.Rules of Court Revised Effective July 1,1972 Rule 1233