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HomeMy WebLinkAboutMINUTES - 08161994 - 1.8 (2) o 1 Contra Costa TO: BOARD OF SUPERVISORS J County r SMS; FROM: Harvey E. Bragdon Director of Community Development DATE: August 16, 1994 SUBJECT: County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT resolution directing the execution and recordation of a Notice of Cancellation of Special Tax Lien and an Amended and Restated Notice of Special Tax Lien related to County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) ; and AUTHORIZE the Deputy Director - Redevelopment and the Clerk of the Board of Supervisors to 'execute necessary documents. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS In 1991 the County created a Mello Roos Community Facilities District in the Pleasant Hill BART Station Area. The District was formed to finance infrastructure obligations related to Pleasant Hill BART CONTINUED ON ATTACHMENT: YES SIGNATURE : ic �� RECOMMENDATION OF COUNTY ADMINISTRATOR RENDATI7 OF BOARD C ITTEE APPROVE OTHER 7 SIGNATURE (S) : ACTION OF BOARD ON August 16 , 1994 APPROVED AS RECOMMENDED x OTHER IT IS BY THE BOARD ORDERED that Resolution No. .. 94/433 is ADOPTED. 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. Source: Jim Kennedy 646-4208 cc: Community Development ATTESTED August 16 , 1994 County Administrator PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Auditor-Controller AND COUNTY ADMINISTRATOR via Redevelopment HOMART Development Jones Hall Hill & White BY-4 , DEPUTY JK:1h sra15/homart.bos J .R Station Area development. In initial proceedings leading up to the formation of Community Facilities District NO. 1991-1, HOMART Development was anticipated to be a minor participant. Subsequent to initially proceeding but prior to the District being formed, HOMART Development opted to not participate in the District. The documentation recording a special tax lien on the HOMART property should have stipulated a zero tax lien. Unfortunately, an error was made in the recordation process, and a special tax lien showing an obligation was recorded. This was not consistent with the documentation or the intention of the parties . In order to correct the error, a Notice of Cancellation of Special Tax Lien must be recorded and an Amended and Restated Notice of Special Tax Lien recorded. The recommended action will permit staff to proceed with the necessary administrative steps. AUG 2 4 IM E.I ED RECORDED AT REQUEST.() �1 112 ff RECORDING REQUESTED BY 9P 81994 :: AFTER RECORDATION RETURN T A UG 2 4 1994 Clerk of the Board OF SUPERVI OR$ 14, CLERK BOARD 1 AT (::�_ 'CLOCK 14 County of Contra Costa CONTRA COSTA CO- ,ONTPRA COSTA COUNTY RECORns 651 Pine Street STEPHEN L. WEIR Martinez, California 94553 14 212590 7^r, COUNTY RECORDER PAMENDED AND RESTATED NOTICE OF SPECIAL TAX LIEN P� County Of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill Bart Station Area) This Amended and Restated Notice of Special Tax Lien amends and restates in fun that certain Notice of Special Tax Lien recorded on June 7, 1991, as instrument no. 91-109138, in Book 16652 at page 168 of Maps of Assessments and Community Facilities Districts, and is being filed to acknowledge the exclusion from the lien for special taxes of Contra Costa County Assessor's Parcel Nos. 148-480-003, 148-480-004 and 148-480-005, and to reflect the proper Rate and Method of Apportionment for the District herein identified, which Rate and Method of Apportionment is set forth in full in Exhibit B hereto. Pursuant to the requirements of Section 3114.5 of the Streets and Highways Cade.of California and the Mello-Roos Community Facilities Act of 1982, as amended, Section 53311, et. seq., of the California Government Code (the "Act"), the undersigned Clerk of the Board of Supervisors of the County of Contra Costa (the "County"), State of California, hereby gives notice that a lien to secure payment of a special tax which the Board of Supervisors of the County is authorized to levy, is hereby imposed. The special tax secured by this lien is authorized to be levied for the purpose of paying principal and interest on bonds, the proceeds of which are being used to finance the public facilities described on Exhibit A attached hereto and hereby made a part hereof. The special tax is iauthorized to be levied within the County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) which has now been officially formed and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and cancelled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded. The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax cancelled are: none. Notice is further given that upon the recording of this notice in the office of the County Recorder of the County of Contra Costa, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) in accordance with Section 3115.5 of the Streets and Highways Code of California. The name(s) of the owner(s) of the real property included within the area of this community facilities district as they appear on the latest secured assessment roll as of the date of recording of this notice or are otherwise known to the County are as set forth in jV Exhibit C attached hereto and hereby made a part hereof. Reference is made to the boundary map of the community facilities district recorded at Book 44 of Maps of Assessment and Community Facilities Districts at Page 41, in the O office of the County Recorder for the County of Contra Costa, State of California, which map is now the final boundary map of the community facilities district. The assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included within the area of this community facilities district and are subject to the levy of special taxes are as set forth in Exhibit C attached hereto. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Auditor - Controller of the County of Contra Costa, 625 Court Street, Martinez, California, 94553, telephone number (510) 646-2236. Dated: August 16 , 1994. S By: PKA - Clerk of the Board, County of Contra Costa J1384 7/25/94 _ STATE OF CALIFORNIA ) ACKNOWLEDGEMENT CONTRA COSTA COUNTY)Ss. BY PUBLIC ENTITY (CG 1181,1188,1189) PHIL RATCHFT,OR who is personalty(mown to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose names)is/are } subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/herhheir authorized capacity(ies), and that by his/ber/their signature(s) on the instrument the person(s),or the entity upon behalf of which the ' person(s)acted,executed the instrument. Dated August 16 , 1994 Phil Batchelor,Clerk of the Board of rviso d Countyministrator ByJAA.( 0 J Deputy 1 EXHIBIT A COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO.1991-1 (PLEASANT HILL BART STATION AREA) PUBLIC FACILITIES TO BE FINANCED � FACILITIES L Road Projects A. Construction of a new roadway within the former Southern Pacific right-of- way from the Pleasant Hill BART Station north to Bancroft Road and the extension of Bancroft to Monument Boulevard; B. Widening of Buskirk Avenue north from Coggins Drive to Monument Boulevard; C. Continuation of the roadway in the former Pacific right-of-way north of Monument Boulevard to Route 242 and I-680; D. Interchange improvements at I-680/Treat Boulevard; E. Modification of the Oak Park over-crossing to facilitate its serving traffic destined for the Pleasant Hill BART Station Area from Interstate 680 southbound; F. Widening eastbound Treat Boulevard east of its intersection with Cherry Lane. (Fourth eastbound lane to Bancroft); G. Connection of new roadway within the former Southern Pacific right-of-way with Treat/Jones intersection; H. The elimination of the left turn from southbound North Main to the I-680 southbound on-ramp at Sunnyvale Avenue; I. Relocation or modification of the state of California Weight station; J. Pedestrian overcrossing on Treat Boulevard; K. Modify Treat/Oak to include new right turn lane from northbound Oak to eastbound Treat; L. Widen eastbound Geary to include new right turn lane onto North Main; A-1 • M. Widen North Main at Sunnyvale to accommodate two left turn lanes onto I-680 ramps; a through right turn from North Main to I-680 ramps; and N. Jones Road restriping at Treat Boulevard. �. II. Drainage Project Drainage Area 44B improvements as shown on Amended Boundary Map and Drainage Plan dated June 19, 1987. A. Line C improvements including installation of: 1. 72" concrete pipe from station 25 + 00 to station 30 + 00; 2. 72" concrete pipe from Station 31 + 00 to station 35 + 50; and 3. 60" concrete pipe from station 35 + 50 to Station 47 + 40. B. Line E improvements including installation of a 60" concrete pipe from station 0 + 00 to Station 6 + 80: C. Line F improvements including installation of a 48" (concrete pipe from Station 0 + 00 to Station 3 + 60; and D. Line G improvements including installation of a 48" concrete pipe from Station 0 + 00 to Station 7 + 00. III. County of Contra Costa Capital Projects. Any Contra Costa County Capital Project listed in the 1991 Capital Program for the County. IV. Central Contra Costa Sanitary District Capital Improvements as defined in Capital Improvement Plan for ten years ending June 30, 1991, or in the Capital Improvement Budget, Fiscal Year 1991-92, including: A. Treatment Plant Program 1. Aeration Basin Expansion 2. Dewatering System Improvements 3. Furnace Emission Controls 4. Headworks Facilities Expansion 5. Outfall Project 6. Plant Operations Department Projects 7. Secondary Clarifier Weir Improvements 8. Secondary Clarifiers Chlorination Expansion 9. Sludge Handling Expansion A-2 5. M-3 Sewer Rehabilitation 6. Martinez/Fairview/Maltby Pump Station Upgrade 7. Martinez Renovation 8. Moraga Pump Station Rehabilitation 9. Orinda Crossroads Pump Station Rehabilitation 10. San Ramon Valley Interceptor Project - Schedule A to 11. San Ramon Valley Interceptor Project - Schedule B 12. Trunk Improvement Proqram 13. Walnut Creek Downtown Bypass 14. Watershed 23 Sewer Improvements - Phases I and II 15. Arlene Drive Sewer Improvements 16. Bates Boulevard Pump Station Relocation ;© 17. Brown Avenue Assessment District LID 57 18. Camino Tassajara Trunk Sewer 19. Clyde Pump Station Abandonment 20. Concord Industrial Pump Station Standby Power 21. Diablo Road Sewer Improvements 22. EBMUD Watershed Pumping Station Early Start Projects 23. Flow Control Structure at Olympic and Newell 24. Hall Drive Sewer Improvements 25. Lavenida Drive Slope Stabilization 26. Los Arabis Drive Sewer Project 27. Lower Orinda Pump Station Upgrade 28. Martinez Early Start Sewer Improvements 29. Orinda Sewer Improvements Facilities Plan 30. Overbill Drive Sewer Improvements 31. Port Chicago Pump Station Abandonment and Sewer Improvements 32. Sewer Maintenance Management System (SMMS) Modifications and Improvements 33. Sewer Rehabilitation/Replacement Projects 34. South Broadway Extension Sewer Relocation 35. South Main Sewer Rehabilitation 36. Storm Damage Repair - Three Creek Crossings 37. Underground Storage Tank Monitoring and Replacement 38. Acacia and Flushkleen Pumping Stations Relocation 39. Bollinger Canyon Facilities Plan 40. Buchanan Field Sewer Relocations 41. Buchanan Field Pump Station #2 Power Transfer 42. Collection System Master Plan Addendum 43. Knox Drive Sewer Replacement 44. Larwin Pump Station Upgrade 45. Manhole Rehabilitation Pilot Project 46. Micro-Tunneling Pilot Project 47. Near Court Sewer Rehabilitation 48. Orinda Crossroads Force Main Cathodic Protection 49. Orinda Crossroads Pump Station Odor Control 50. Pump Station Influent Gas Detection 51. Soares Lane Slope Stabilization 52. Strand Avenue Collection System Improvements, Pleasant Hill A-4 V. Contra Costa Water District Improvements A. Project #390023 includes these improvements: Material 2690' -8" Water Main & Structure 7 -6" Fire Hydrant 11 -6" Fire Service 10 -6" Service w/4" Turbo Meter w/RPBPD 1 -4" Service w/dual 2" meter w/DCVA 2 -2" Service w/2" meter w/DCVA 1 -1" Service w/1" meter w/DCVA 2 -6" Fire Hydrant relocations 36 -1" Service abandonments B. Installation of a service line from the main adjacent to the Park Regency project to the property to be served. VI. Contra Costa County Fire Protection District Improvements A. Build and Equip Four New Fire Stations 1. Station 7 - Walnut Avenue & Wiget Lane, Walnut Creek 2. Station 18 - Port Chicago Highway & Sun Terrace, Concord 3. Station 21 - Alhambra Avenue & Paso Nogal, Martinez 4. Station 22 - Ygnacio Valley Road & Alberta Way, Concord B. Relocate Five Existing Stations 1. Station 3 - From Whyte Park Avenue & Tice Creek, Walnut Creek to Tice Creek Avenue & Rossmoor Parkway, Walnut Creek. 2. Station 6 - From Willow Pass Road & Grant Street, Concord to Galindo & Clayton Road, Concord. 3. Station 8 - From Clayton Road & Rishell Drive, Concord (site only) to Denkinger Road & Wilson Lane (approximate) Concord. 4. Station 11 - From Clayton Road & Mitchell Canyon Road, Clayton to Center Street & Concord Boulevard, Clayton. 5. Station 12 - From Shell Avenue & Martinez Avenue, Martinez to Pacheco Avenue & Morello Avenue, Martinez. A-5 • 0 C. Expansion/Remodeling 1. Communication Center - Site and planning 2. Training House - replace 3. Station 5-add apparatus bay 4. Miscellaneous small storage buildings - add1 D. Purchase New Trucks to Add to Stations 1. Station 5 - Boyd Road, Pleasant Hill 2. Station 15 - Mt. Diablo Boulevard, Lafayette �a VII. Mt. Diablo Unified School District Improvements Any Mt. Diablo Unified School District capital project listed in the Facilities Master Plan, January, 1989 for such District. VIII. Pleasant Hill Park and Recreation District Projects A. Fair Oaks Elementary School 1. Development of soccer and softball field turf and irrigation; 2. Playground equipment and picnic area; 3. Installation of Bocce ball courts. B. Land Acquisition Park Facility Development C. Community facility that would service area D. Pleasant Hill Adult Center Fields (soccer & softball) Picnic area Gymnasium IX. Child Care Center. Construction of a child care center within or in the vicinity of the District, including all engineering, planning, design and other costs related thereto and any appurtenances related thereto. X. General. Any and all acquisition, construction and equipment costs incident to any, of the foregoing, including any planning, environmental review, engineering, financing, design or other related costs and any appurtenances related thereto. A-6 OTHER Bond related expenses, including underwriters discount, reserve fund, capitalized interest, bond counsel and all other incidental expenses. Administrative fees of the County of Contra Costa and the Bond fiscal agent related to the District and the Bonds. O A-7 EXHIBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 1991-1 (PLEASANT HILL BART STATION AREA) A special tax applicable to each Parcel in the County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) (herein "CFD No. 1991-1") shall be levied and collected according to the tax liability determined by the Responsible Party pursuant to the direction of the Board of Supervisors(the"Board") of the County of Contra Costa, acting as the legislative body of CFD No. 1991-1, through the application of the appropriate amount or rate for"Developed Property" fl or"Undeveloped Property", as described below. All of the real property in CFD No. 1991-1, unless exempted by law or by the provisions of Section G below, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Administrative Expenses" means the actual or estimated costs incurred by the CFD to determine, levy and collect the special taxes, including salaries of employees and the fees of consultants, corporate bond-paying agents, fiscal agents, and bond trustees; the costs of collection, upon the general tax rolls, of the special taxes; preparation of required reports; and any other costs required to administer the CFD. "APN" means an assessor's parcel number designated on the Fiscal Year 1991-92 Contra Costa County assessor's parcel map. "Assigned Special Tax" means that special tax applicable to Developed Property as indicated in Table 1, Table 2, Table 3, Table 4 or Table 5, as applicable, of Section C of this document. "Attached Residential Property" means a residential structure consisting of two or more residential units that share common walls, or a unit meeting the statutory definition of a condominium contained in California Civil Code Section 1351. "Backup Special Tax" means an amount equal to $1.14 per square foot of land area of any Parcel in Zone 1, an amount equal to $0.18 per square foot of land area of any Parcel in Zone 2, an amount equal to $0.14 per square foot of land area of any Parcel in Zone 3, and an amount equal to $0.00 per square foot of land area of any Parcel in Zone 4. "Bonds" means any bonds issued by the County of Contra Costa on behalf of CFD No. 1991-1. B4 "Delinquency Tax Requirement" means the amount necessary to cure any delinquencies in the payment of principal or interest on the Bonds which have occurred in the prior Fiscal Year or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the Fiscal Year in which the tax will be collected, and to replenish the reserve fund for such Bonds to the reserve requirement (including, with respect to the replenishment, charges against the reserve fund for such Bonds which are expected in the future because of delinquencies in the payment of special taxes which have already taken place). "Detached Residential Property" means a structure consisting of only one residential unit. fl "Developed Property"means Parcels in Zones 1 through 4 for which a building permit has been issued on or prior to March 1 of the preceding Fiscal Year, and all Parcels in Zone 5. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Improved Building Space" means the greater of(1) gross building area as shown on building permits issued for any property, or, if necessary, (2) gross building area as measured or determined by an engineer approved by the Board. "Maximum Special Tax" means the maximum special tax, determined in accordance with Sections C and D, that can be levied within CFD No. 1991-1 in any Fiscal Year pursuant to this Rate and Method of Apportionment of Special Taxes for each class of Developed Property and for Undeveloped Property, as applicable. "Parcel" means a parcel of property as recorded by the Contra Costa County Recorder or as shown and numbered on the applicable Contra Costa County assessor's parcel map(s) for each property within the boundaries of CFD No. 1991-1. "Responsible Party" shall be the person designated by the Board to administer the special tax according to this Rate and Method of Apportionment of Special Tax. "Special Tax Requirement"means that amount of revenue necessary in the applicable Fiscal Year, as determined by the Responsible Party, to pay debt service on the Bonds in the calendar year which begins in such Fiscal Year, and to pay Administrative Expenses. "Taxable Property" is all of the area within the boundaries of CFD No. 1991-1 which is not exempt from the special tax pursuant to law or Section G below. B- 2 "Total Zone Tax" means the amount of tax responsibility applicable to each zone after assignment of that zone's Special Tax Requirement and Delinquency Tax Requirement as determined pursuant to Section E below. "Undeveloped Property"means all Taxable Property in CFD No. 1991-1 not classified to- as Developed Property. "Zone 1"means Parcels designated by the following APNs: 148-202-062, 148-202-063, 148-202-064, 148-202-065, 148-202-066, and any Parcel subsequently formed by the subdivision of these Parcels. r,p "Zone 2" means Parcels designated by the following APNs: 148-250-084, 148-250-085, and any Parcel subsequently formed by the subdivision of these Parcels. "Zone 3" means the Parcel designated by APN 172-011-022, and any Parcel subsequently formed by the subdivision of this Parcel. "Zone 4" means Parcels designated by the following APNs: 148-480-003, 148-480-004, 148-480-005, and any Parcel subsequently formed by the subdivision of these Parcels. "Zone 5" means the Parcel designated by APN 148-202-060, and any Parcel subsequently formed by the subdivision of this Parcel. B. ASSIGNMENT TO LAND USE CLASS On or about July 1 of each year, all Taxable Property within CFD No. 1991-1 shall be categorized either as a Developed Property or an Undeveloped Property and shall be subject to the Maximum Special Tax in accordance with the rate and method of apportionment described in Sections C, D, E and F below. For purposes of determining the applicable Maximum Special Tax pursuant to Section C, Developed Property in Zone 1 shall be assigned to one of the land use classes designated in Table 1, Developed Property in Zone 2 shall be assigned to one of the land use classes designated in Table 2, Developed Property in Zone 3 shall be assigned to one of the land use classes designated in Table 3, Developed Property in Zone 4 shall be assigned to one of the land use classes in Table 4 and Parcels in Zone 5 shall be taxed according to Table 5 below. APNs identified for each zone are identified on the Fiscal Year 1991-92 Contra Costa County assessor's parcel map. If any of the APNs identified become invalid in future Fiscal Years, or if the Parcels are subdivided and/or combined to form new APNs, the special taxes identified in Tables 1 through 5 shall continue to apply to all land uses within CFD No. 1991-1 based on the Fiscal Year 1991-92 APN that would have B-3 applied to that area. The Responsible Party shall be required to maintain an annual record of APNs that will clearly identify the Fiscal Year 1991-92 APNs and all future activity related to those APNs, including a history of successor Parcels. For purposes of Sections C and D, the acreage or square footage of land area for a Parcel shall be determined by reference to the most current recorded Contra Costa County parcel map or, if necessary, the acreage or square footage shall be determined by an engineer designated by the Responsible Party. Notwithstanding Section G, below, for purposes of the Backup Special Tax, the acreage or square footage of land area applicable to Attached Residential Property shall be computed from the underlying Parcel or lot as indicated on the most recent recorded Parcel map or final recorded subdivision tract map. Each Attached Residential unit shall 0be assigned an equal proportion of the area of the underlying Parcel or lot. Notwithstanding the above, for Attached Residential Property, a portion of the acreage in a Parcel shall be taxed as Undeveloped Property if building permits for all of the units in the approved site plan for that Parcel were not issued as of March 1 of the Fiscal Year prior to the Fiscal Year for which the special taxes are being levied. The acreage in a Parcel to be taxed as Undeveloped Property shall equal the proportion of the associated site plan's approved units for which building permits had not been issued by the previous March 1, multiplied by the total acreage within that Parcel. In making the computations set forth in Sections C and D, and in determining the Maximum Special Tax for Developed Property and Undeveloped Property within CFD No. 1991-1, on July 1, 1992 and on each July 1 thereafter, the Assigned Special Tax and the Backup Special Tax for each land use class set forth in Tables 1 through 5 shall be increased for each Fiscal Year to an amount equal to 102% of the amount in effect for the previous Fiscal Year. C. NLAXWM SPECIAL TAX RATE: DEVELOPED PROPERTY The Maximum Special Tax for a Parcel located within Zone 1, Zone 2, Zone 3 or Zone 4, and classified as Developed Property, shall.be the greater of(i) the amount derived by multiplying the square footage of land area within a Parcel times the Backup Special Tax or (ii) the Assigned Special Tax. The Maximum Special Tax for a Parcel located within Zone 5 shall be the Assigned Special Tax in Table 5 below. B-4 TABLE 1 Special Taxes for Developed Property In Zone 1 of CFD No. 1991-1 Fiscal Year 1991-92 Fiscal Year 1991-92 Assigned Special Tax Backup Special Tax" Class Land Use Zone 1 Zone 1 1 Residential $ 500 per unit * $ 1.14 per square foot of land area within the Parcel 2 Commercial/Industrial $ 49,659 per acre * N/A * Such amounts to increase each subsequent Fiscal Year to an amount equal to 102% of the amount in the prior Fiscal Year. ** The Backup Special Tax (for Developed Property) will be applied under the third step of Section F (below) to the following: 1. Detached Residential Property, in Class 1. 2. Attached Residential Property in Class 1 for which densities are less than 99.31 units per acre. B- 5 TABLE 2 lob Special Taxes for Developed Property NN in Zone 2 of CFD No. 1991-1 Fiscal Year 1991792 Fiscal Year 1991-92 Assigned Special Tax Backup Special Tax** Class Land Use Zone 2 Zone 2 1 Residential $7,841 per acre * N/A 2 Commercial/Industrial $0.090 per square foot of $0.18 per square foot Improved Building Space of land area within or $6,704 per acre, the Parcel whichever is greater * Such amounts to increase each subsequent Fiscal Year to an amount equal to 102°!0 of the amount in the prior Fiscal Year. ** The Backup Special Tax (for Developed Property) will be applied under the third step of Section F (below) to all Parcels in Class 2. B-6 TABLE 3 Special Taxes for Developed Property In Zone 3 of CFD No. 1991-1 Fiscal Year 1991-92 Fiscal Year 1991-92 Assigned Special Tax Backup Special Tax** Class Land Use Zone 3 Zone 3 1 Residential $6,099 per acre * N/A 2 Commercial/Industrial $0.073 per square foot of $0.14 per square foot Improved Building Space of land area within or $5,083 per acre, the Parcel whichever is greater * Such amounts to increase each subsequent Fiscal Year to an amount equal to 102% of the amount in the prior Fiscal Year. ** The Backup Special Tax (for Developed Property) will be applied under the third step of Section F (below) to all Parcels in Class 2. B-7 �.i TABLE 4 Coll Special Taxes for Developed Property in Zone 4 of CFD No. 1991-1 Fiscal Year 1991-92 Fiscal Year 1991-92 Assigned Special Tax Backup Special Tax" Class Land Use Zone 4 Zone 4 1 Residential $0,000 per acre * N/A 2 Commercial/Industrial $0.000 per square foot of $0.00 per square foot Improved Building Space of land area within or $0,000 per acre, the Parcel whichever is greater * Such amounts to increase each subsequent Fiscal Year to an amount equal to 102% of the amount in the prior Fiscal Year. ** The Backup Special Tax (for Developed Property) will be applied under the third step of Section F (below) to all Parcels in Class 2. B- 8 TABLE 5 Special Taxes for Zone 5 of CFD No. 1991-1 �A iv N Contra Costa County Fiscal Year 1991-92 Assessor's Parcel Special Tax Number Zone 5 148-202-060 ** $ 24,850* * Such amounts to increase each subsequent Fiscal Year to an amount equal to 102% of the amount in the prior Fiscal Year. ** In the event of future subdivision of APN 148-202-060, the Assigned Special Tax shall be distributed among the newly created Parcels on an acreage basis by dividing the Assigned Special Tax in that Fiscal Year by the number of acres in the original APN 148- 202-060 and assigning the tax to a successor Parcel based on the acreage in that successor Parcel that was previously in APN 148-202-060. D. . MA701Vf NI SPECIAL TAX RATES: UNDEVELOPED PROPERTY In addition to the Assigned Special Taxes reflected in Tables 1 through 4, property in Zones 1 through 4 may be subject to a special tax on Undeveloped Property if required pursuant to the Step Two of Section F below. The Maximum Special Tax for Undeveloped Property shall be $49,659 per acre for Parcels located in Zone 1, $7,841 per acre for Parcels located in Zone 2, $6,099 per acre for Parcels located in Zone 3 and $0,000 per acre for Parcels located in Zone 4. B- 9 E. DETERMINATION OF ANNUAL AGGREGATE LEVY WITHIN EACH ZONE The Special Taxes to be levied annually within Zone 1, Zone 2, Zone 3, Zone 4 and Zone 5 shall be calculated by: 1. Determining the Special Tax Requirement for the next Fiscal Year, 2. Assigning responsibility for the Special Tax Requirement in the following proportions: 87.80% to Zone 1, 3.61% to Zone 2, 3.62% to Zone 3, 0.00% to Zone 4 and 4.97% to Zone 5; 3. Determining the Delinquency Tax Requirement attributable to special tax delinquencies in Zone 1 and adding that amount to the 87.80% of the Special Tax Requirement to calculate the Total Zone Tax for Zone 1; 4. Determining the Delinquency Tax Requirement attributable to special tax delinquencies in Zone 2 and adding that amount to the 3.61% of the Special Tax Requirement to calculate the Total Zone Tax for Zone 2; 5. Determining the Delinquency Tax Requirement attributable to special tax delinquencies in Zone 3 and adding that amount to the 3.62% of the Special Tax Requirement to calculate the Total Zone Tax for Zone 3. 6. Determining the Delinquency Tax Requirement attributable to special tax delinquencies in Zone 4 and adding that amount to the 0.00% of the Special Tax Requirement to calculate the Total Zone Tax for Zone 4; 7. Determining the Delinquency Tax Requirement attributable to special tax delinquencies in Zone 5 and adding that amount to the 4.97% of the Special Tax Requirement to calculate the Total Zone Tax for Zone 5. F. METHOD OF APPORTIONMENT TO PARCELS The special tax assigned to each zone shall be the sole responsibility of the properties within that zone. In no event shall any zone be required to provide any special tax revenues to fulfill the Special Tax Requirement of any other zone. The annual special taxes for each zone determined in Section E above shall be apportioned among the Parcels within each zone as provided below: B- 10 I. Zones 1 through 4 The steps below shall be applied annually to satisfy the Total Zone Tax which has been assigned to each zone under Section E above: Step One: The special tax shall be levied proportionately on each Parcel classified as Developed Property, ~ p p rty, exclusive of property exempt from special taxes pursuant to Section G, below, up to 100% of the Assigned Special Tax for each class of Developed Property for such Fiscal Year, determined by reference to Table 1,Table C 2, Table 3 or Table 4 in Section C, as applicable for each zone; Step Two: If additional monies are needed after the first step has been completed, the special tax shall be levied proportionately on each Parcel of Undeveloped Property, exclusive of property exempt from special taxes pursuant to Section G, below, up to 100% of the Maximum Special Tax for Undeveloped Property for such Fiscal Year determined by reference to Section D; Step Three: If additional monies are needed after the first two steps have been completed, then the levy of the special tax on each Parcel for which the Backup Special Tax is authorized, shall be increased up to the Maximum Special Tax for each such Parcel by increasing the applicable special tax levy for each Parcel for such Fiscal Year determined by Section C in equal percentages above the special taxes levied pursuant to Step One above up to the applicable Maximum Special Tax for such Parcel. H. Zone 5 A special tax shall be levied annually on Parcel number 148-202-060 (or Parcels created from the subsequent subdivision of said Parcel) to satisfy the Total Zone Tax assigned to Zone 5 under Section E above, up to 100% of the Assigned Special Tax for Zone 5, determined by reference to Table 5 in Section C, above. G. LIMITATIONS Notwithstanding any other provision of this Rate and Method of Apportionment of the Special Tax, no special taxes shall be levied on land conveyed or irrevocably offered for dedication to a public agency, except as otherwise provided in Sections 53317.3 and 53317.5 of the Mello-Roos Community Fact7ities Act of 1982. In no event shall a special tax be levied on land which is a public right of way or which is an unmanned utility property or a property encumbered with public or utility easements malting impractical its utilization for other than the purpose set forth in B-11 the easement. No special tax shall be levied on any Parcel in any Fiscal Year which is in excess of the Maximum Special Tax for such Parcel for such Fiscal Year. H. MANNER OF COLLECTION The special taxes for CFD No. 1991-1 will be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 1991-1 may collect special taxes at a different time or in a different manner if necessary to meet its financial obligations. t0 r MAY 31,1991\coocorma4 B-12 EXHIBIT C COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO.1991-1 (PLEASANT HILL BART STATION AREA) ASSESSOR'S PARCEL NUMBERS AND OWNERS OF LAND SUBJECT TO LEVY OF SPECIAL TAXES WITHIN {� COUNTY OF CONTRA COSTA rA COMMUNITY FACILITIES DISTRICT NO.1991-1 (PLEASANT HILL BART STATION AREA) G� Names and Addresses of Property Owners Assessor's Parcel Nos. LD O GBW Properties 148-202-060 520 South Lafayette Park Place 148-202-062 Suite 214 148-202-063 Los Angeles, California 90057 148-202-064 148-202-065 148-202-066 Oak Court Partners 148-250-084 c/o Taylor Woodrow of California 148-250-085 333 3rd Street, 2nd Floor San Francisco, California 94107 Station West Associates 172-011-022 c/o Northwest Asset Management Co. Inc. 100 Pringle Avenue, #550 Walnut Creek, California 94596 END 8F C-1 r 94 21258.8 RESOLUTION NO. 9 4 4 3 3 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA DIRECTING THE EXECUTION AND RECORDATION OF A NOTICE OF CANCELLATION OF SPECIAL TAX LIEN AND AN AMENDED AND RESTATED NOTICE OF SPECIAL TAX LIEN County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) i RESOLVED, by the Board of Supervisors of the County of Contra Costa (the "County") that: WHEREAS, this Board of Supervisors has conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to form the County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) (the "District"), to authorize the levy of special taxes upon the land within the District, and to issue bonds secured by said special taxes the proceeds of which were used to finance certain public facilities; and WHEREAS, at the time of the formation of the District, a parcel of land was included within the District, but was assigned no responsibility for payment of special taxes within the District; and WHEREAS, HD Delaware Properties, Inc. (the "Property Owner"), the current owner of such parcel, has requested that the County take the necessary actions to release the special tax lien imposed within the District on such parcel; and WHEREAS, in order to release said special tax lien, it will be necessary for the County to record a Notice of Cancellation of Special Tax Lien, a copy of which notice is on file with the Deputy Director — Redevelopment; and WHEREAS, in processing the Property Owner's request for said release, it has been determined that the Notice of Special Tax Lien for the District contained certain errors and it is necessary to record an Amended and Restated Notice of Special Tax Lien (such notice, together with the Notice of Cancellation of Special Tax Lien, being hereafter referred to collectively as the "Notices"), a copy of which amended and restated notice is on file with the Deputy Director — Redevelopment; and WHEREAS, this Board of Supervisors. now desires to approve the Notices, and to direct the execution and recordation by the Clerk of the Board of the Notices. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: Section 1. The Notices, in the respective forms on file with the Deputy Director — Redevelopment, are hereby approved. The Clerk of the Board is hereby authorized and 94/433 1 directed to execute the Notices and to record (or cause to be recorded) the Notices in the office of the County Recorder. Section 2. This resolution shall take effect from and after its adoption. I hereby certify that the foregoing Resolution was duly adopted by the Board of Supervisors of Contra Costa County, California, at a regularly scheduled meeting thereof, held on the 16thday of August , 1994, by the following vote of the Board: AYES: Supervisors, Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Ojm' 0 $, Deputy J1382 8/16/94 RECORDED-REQUEST A UC 2 41994 �Q AT t0ex 1� CONTRA C0-STA COUNTY ql Cof�Og STEPHEN L, WEIR e0UNTY RECORDER r=� -2- 94/433 RECORDING REQUESTED BY: Clerk of the Board County of Contra Costa 651 Pine Street -RECORDED AT REQUEST OF Martinez, California 94553 WHEN RECORDED RETURN TO: 94 212589 AUG 241994 HD Delaware Properties, Inc. c/o Real Strategies Inc. AT O'CLOCK 1Vl 1700 2nd Street,Suite 313 --ON T RA COSTA COUNTY RECORDS Napa, California 94559-2409 STEPHEN L. WEIR Attn: Ken Kibbitz -or- David Baldwin COUNTY RECORDER _err I NOTICE OF CANCELLATION OF SPECIAL TAX LIEN County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) The County of Contra Costa (the "County"), State of California, with respect to the County's Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) (the "CFD"), hereby gives notice that: 1. Reference is hereby made to that certain Notice of Special Tax Lien, heretofore filed by the County with respect to the CFD on June 7, 1991, in the Office of the County Recorder of the County of Contra Costa, as instrument no. 91-109138, in Book 16652 at page 168 of Maps of Assessment and Community Facilities Districts for further particulars with respect to the special tax lien which is hereby cancelled. 2. The obligation to pay the special taxes heretofore levied by the City within the CFD has been permanently satisfied and the City will no longer levy and collect special taxes, with respect to those certain parcels of real property identified as Contra Costa County Assessor Parcel Nos. 148-480-003,148-480-004 and 148-480-005. 3. The owner of record of said parcels is: HD Delaware Properties, Inc. 4. The recording of this Notice of Cancellation of Special Tax Lien is authorized and directed pursuant to Section 53344 of the California Government Code. Upon recording, the recorder shall, as required by said section, mail the original recorded Notice of Cancellation of Special Tax Lien to the owner of the parcel identified herein. Dated this 16 thday of August ,1994 Clerk of the Board, County of Contra Costa )1383 725/94 STAT'OF CALIFORNIA ) ACRNOWLEDGFIAENT CONTRA COSTA COUNTY)SS. BY PUBLIC ENTrry (GG 1181,1188,1189) PHIL BATCHELOR who is pasonaW Imown to me(or proved to we on the basis of dtistactoty evidence)to be the person(s)whose name(s)"re subscribed to the within iosuument and acmowledged to me that hehhe they esecuted the same in WsAw tbeir authorized capacity(ks), and that by hisAwAheir sigaature(s) oo the hatrument the pawn(s),or the entity upon behalf of which the person(s)aded,emecuted the imtrument. Dated Auaust 16 1994 Phil Batchelor,Ckrtc of the Board of Supervisors and County Administrator By ,4Al fury s RECORDED AT:BEQUEST Qfi RECORDING REQUESTED BY AND AFTER RECORDATION RETURN TO: AUG 2 41994 Q Clerk of the Board 6--O'CLOCK of Contra Costa AT CONTRA COSTA COUNTY RECORDS 651 Pine Street y4 212590 STEPHEN L. WEIR Martinez, California 94553 COUNTY RECORDER AMENDED AND RESTATED NOTICE OF SPECIAL TAX LIEN County Of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill Bart Station Area) This Amended and Restated Notice of Special Tax Lien amends and restates in full that certain Notice of Special Tax Lien recorded on June 7, 1991,/as instrument no. 91-109138, in Book 16652 at page 168 of Maps of Assessments and Community Facilities Districts, and is being filed to acknowledge the exclusion from the lien for special taxes of Contra Costa County Assessor's Parcel Nos. 148-480-003, 148-480-004 and 148-480-005, and to reflect the proper Rate and Method of Apportionment for the District herein identified, which Rate and Method of Apportionment is set forth in full in Exhibit B hereto. Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, Section 53311, et. seq., of the California Government Code (the "Act"), the undersigned Clerk of the Board of Supervisors of the County of Contra Costa (the "County"), State of California, hereby gives notice that alien to secure payment of a special tax which the Board of Supervisors of the County is authorized to levy, is hereby imposed. The special tax secured by this lien is authorized to be levied for the purpose of paying principal and interest on bonds, the proceeds of which are being used to finance the public facilities described on Exhibit A attached hereto and hereby made a part hereof. The special tax is authorized to be levied within the County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) which has now been officially formed and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and cancelled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded. The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax cancelled are: none. Notice is further given that upon the recording of this notice in the office of the County Recorder of the County of Contra Costa, the obligation to pay the special tax levy shall become alien upon all nonexempt real property within the County of Contra Costa 4 , s to Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) in accordance with Section 3115.5 of the Streets and Highways Code of California. The name(s) of the owner(s) of the real property included within the area of this community facilities district as they appear on the latest secured assessment roll as of the date of recording of this notice or are otherwise known to the County are as set forth in Exhibit C attached hereto and hereby made a part hereof. Reference is made to the boundary map of the community facilities district recorded at Book 44 of Maps of Assessment and Community Facilities Districts at Page 41, in the office of the County Recorder for the County of Contra Costa, State of California, which map is now the final boundary map of the community facilities district. The assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included within the area of this community facilities district and are subject to the levy of special taxes are as set forth in Exhibit C attached hereto. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Auditor - Controller of the County of Contra Costa, 625 Court Street, Martinez, California, 94553, telephone number (510) 646-2236. Dated:Augu s t 16 , 1994. By: Clerk of the Board, County of Contra Costa J1384 S� 7/25/94 STATE OF CALIFORNIA ) ACKNOWLEDGEMENT CONTRA COSTA COUNTY)SS' BY PUBLIC ENTITY (C.C.1181,1188,1189) PHIL BATCHELOR who is personally(mown to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that he/she tbey executed the same in his/her/their authorized capacity(ies), and that by his/herAbeir signatures) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. Dated August 16 , 1994 Phil Batchelor,Clerk of the Board of Mrs County Administrator s 0 By _WAAA Deputy -2- s 4 EaI-iIBIT A COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO.1991-1 (PLEASANT HILL BART STATION AREA) PUBLIC FACILITIES TO BE FINANCED FACILITIES L Road Projects. A. Construction of a new roadway within the former Southern Pacific right-of- way from the Pleasant Hill BART Station north to Bancroft Road and the extension of Bancroft to Monument Boulevard; B. Widening of Buskirk Avenue north from Coggins Drive to Monument Boulevard; C Continuation of the roadway in the former Pacific right-of-way north of Monument Boulevard to Route 242 and I-680; D. Interchange improvements at I-680/Treat Boulevard; E. Modification of the Oak Park over-crossing to facilitate its serving traffic destined for the Pleasant Hill BART Station Area from Interstate 680 southbound; F. Widening eastbound Treat Boulevard east of its intersection with Cherry Lane. (Fourth eastbound lane to Bancroft); G. Connection of new roadway within the former Southern Pacific right-of-way with Treat/Jones intersection; H. The elimination of the left turn from southbound North Main to the I-680 southbound on-ramp at Sunnyvale Avenue; I. Relocation or modification of the state of California Weight station; J. Pedestrian overcrossing on Treat Boulevard; K. Modify Treat/Oak to include new right turn lane from northbound Oak to eastbound Treat; L Widen eastbound Geary to include new right turn lane onto North Main; A-1 L � 0 M. Widen North Main at Sunnyvale to accommodate two left turn lanes onto I-680 ramps; a through right turn from North Main to I-680 ramps; and N. Jones Road restriping at Treat Boulevard. K Drainage Project Drainage Area 44B improvements as shown on Amended Boundary Map and Drainage Plan dated June 19, 1987. A. Line C improvements including installation of: 1. 72" concrete pipe from station 25 + 00 to station 30 + 00; 2. 72" concrete pipe from Station 31 + 00 to station 35 + 50; and 3. 60" concrete pipe from station 35 + 50 to Station 47 + 40. B. Line E improvements including installation of a 60" concrete pipe from station 0 + 00 to Station 6 + 80: C Line F improvements including installation of a 48" (concrete pipe from Station 0 + 00 to Station 3 + 60; and D. Line G improvements including installation of a 48" concrete pipe from Station 0 + 00 to Station 7 + 00. HL County of Contra Costa Capital Projects. Any Contra Costa County Capital Project listed in the 1991 Capital Program for the County. IV. Central Contra Costa Sanitary District Capital Improvements as defined in Capital Improvement Plan for ten years ending June 30, 1991, or in the Capital Improvement Budget, Fiscal Year 1991-92, including: A. Treatment Plant Program 1. Aeration Basin Expansion 2. Dewatering System Improvements 3. Furnace Emission Controls 4. Headworks Facilities Expansion 5. Outfall Project 6. Plant Operations Department Projects 7. Secondary Clarifier Weir Improvements 8. Secondary Clarifiers Chlorination Expansion 9. Sludge Handling Expansion A-2 • • 5. M-3 Sewer Rehabilitation 6. Martinez/Fairview/Maltby Pump Station Upgrade 7. Martinez Renovation 8. Moraga Pump Station Rehabilitation 9. Orinda Crossroads Pump Station Rehabilitation 10. San Ramon Valley Interceptor Project - Schedule A 11. San Ramon Valley Interceptor Project - Schedule B 12. Trunk Improvement Proqram 13. Walnut Creek Downtown Bypass 14. Watershed 23 Sewer Improvements - Phases I and II 15. Arlene Drive Sewer Improvements 16. Bates Boulevard Pump Station Relocation 17. Brown Avenue Assessment District LID 57 18. Camino Tassajara Trunk Sewer 19. Clyde Pump Station Abandonment 20. Concord Industrial Pump Station Standby Power 21. Diablo Road Sewer Improvements 22. EBMUD Watershed Pumping Station Early Start Projects 23. Flow Control Structure at Olympic and Newell 24. Hall Drive Sewer Improvements 25. Lavenida Drive Slope Stabilization 26. Los Arabis Drive Sewer Project 27. Lower Orinda Pump Station Upgrade 28. Martinez Early Start Sewer Improvements 29. Orinda Sewer Improvements Facilities Plan 30. Overhill Drive Sewer Improvements 31. Port Chicago Pump Station Abandonment and Sewer Improvements 32. Sewer Maintenance Management System (SMMS) Modifications and Improvements 33. Sewer Rehabilitation/Replacement Projects 34. South Broadway Extension Sewer Relocation 35. South Main Sewer Rehabilitation 36. Storm Damage Repair - Three Creek Crossings 37. Underground Storage Tank Monitoring and Replacement 38. Acacia and Flushkleen Pumping Stations Relocation 39. Bollinger Canyon Facilities Plan 40. Buchanan Field Sewer Relocations 41. Buchanan Field Pump Station #2 Power Transfer 42 Collection System Master Plan Addendum 43. Knox Drive Sewer Replacement 44. Larwin Pump Station Upgrade 45. Manhole Rehabilitation Pilot Project 46. Micro-Tunneling Pilot Project 47. Near Court Sewer Rehabilitation 48. Orinda Crossroads Force Main Cathodic Protection 49. Orinda Crossroads Pump Station Odor Control 50. Pump Station Influent Gas Detection 51. Soares Lane Slope Stabilization 52. Strand Avenue Collection System Improvements, Pleasant Hill A-4 a V. Contra Costa Water District Improvements A. Project #390023 includes these improvements: Material 2690' -8" Water Main & Structure 7 -6" Fire Hydrant 11 -6" Fire Service 10 -6" Service w/4" Turbo Meter w/RPBPD 1 -4" Service w/dual 2" meter w/DCVA 2 -2" Service w/2" meter w/DCVA 1 -1" Service w/1" meter w/DCVA 2 -6" Fire Hydrant relocations 36 -1" Service abandonments B. Installation of a service line from the main adjacent to the Park Regency project to the property to be served. VI. Contra Costa County Fixe Protection District Improvements A. Build and Equip Four New Fire Stations 1. Station 7 - Walnut Avenue & Wiget Lane, Walnut Creek 2. Station 18 - Port Chicago Highway & Sun Terrace, Concord 3. Station 21 - Alhambra Avenue & Paso Nogal, Martinez 4. Station 22 - Ygnacio Valley Road & Alberta Way, Concord B. Relocate Five Existing Stations 1. Station 3 - From Whyte Park Avenue & Tice Creek, Walnut Creek to Tice Creek Avenue & Rossmoor Parkway, Walnut Creek. 2. Station 6 - From Willow Pass Road & Grant Street, Concord to Galindo & Clayton Road, Concord. 3. Station 8 - From Clayton Road & Rishell Drive, Concord (site only) to Denkinger Road & Wilson Lane (approximate) Concord. 4. Station 11 - From Clayton Road & Mitchell Canyon Road, Clayton to Center Street & Concord Boulevard, Clayton. 5. Station 12 - From Shell Avenue & Martinez Avenue, Martinez to Pacheco Avenue & Morello Avenue, Martinez. A-5 C. Expansion/Remodeling 1. Communication Center - Site and planning 2. Training House - replace 3. Station 5-add apparatus bay 4. Miscellaneous small storage buildings - add D. Purchase New Trucks to Add to Stations 1. Station 5 - Boyd Road, Pleasant Hill 2. Station 15 - Mt. Diablo Boulevard, Lafayette VII. Mt. Diablo Unified School District Improvements Any Mt. Diablo Unified School District capital project listed in the Facilities Master Plan, January, 19891 for such District. VIIL Pleasant Hill Park and Recreation District Projects A. Fair Oaks Elementary School 1. Development of soccer and softball field turf and irrigation; 2. Playground equipment and picnic area; 3. Installation of Bocce ball courts. B. Land Acquisition Park Facility Development C. Community facility that would service area D. Pleasant Hill Adult Center Fields (soccer,& softball) Picnic area Gymnasium IX Child Care Center. Construction of a child care center within or in the vicinity of the District, including all engineering, planning, design and other costs related thereto and any appurtenances related thereto. X. General. Any and all acquisition, construction and equipment costs incident to any of the foregoing, including any planning, environmental review, engineering, financing, design or other related costs and any appurtenances related thereto. A-6 OTHER Bond related expenses, including underwriters discount, reserve fund, capitalized interest, bond counsel and all other incidental expenses. Administrative fees of the County of Contra Costa and the Bond fiscal agent related to the District and the Bonds. A-7 EXHIBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 1991-1 (PLEASANT BILL BART STATION AREA) A special tax applicable to each Parcel in the County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) (herein "CFD No. 1991-1") shall be levied and collected according to the tax liability determined by the Responsible Party pursuant to the direction of the Board of Supervisors(the"Board") of the County of Contra Costa, acting as the legislative body of CFD No. 1991-1, through the application of the appropriate amount or rate for"Developed Property" or"Undeveloped Property", as described below. All of the real property in CFD No. 1991-1, unless exempted by law or by the provisions of Section G below, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Administrative Expenses" means the actual or estimated costs incurred by the CFD to determine, levy and collect the special taxes, including salaries of employees and the fees of consultants, corporate bond-paying agents, fiscal agents, and bond trustees; the costs of collection, upon the general tax rolls, of the special taxes; preparation of required reports; and any other costs required to administer the CFD. "APN" means an assessor's parcel number designated on the Fiscal Year 1991-92 Contra Costa County assessor's parcel map. "Assigned Special Tax" means that special tax applicable to Developed Property as indicated in Table 1, Table 2, Table 3, Table 4 or Table 5, as applicable, of Section C of this document. "Attached Residential Property" means a residential structure consisting of two or more residential units that share common walls, or a unit meeting the statutory definition of a condominium contained in California Civil Code Section 1351. "Backup Special Tax" means an amount equal to $1.14 per square foot of land area of any Parcel in Zone 1, an amount equal to $0.18 per square foot of land area of any Parcel in Zone 2, an amount equal to $0.14 per square foot of land area of any Parcel in Zone 3, and an amount equal to $0.00 per square foot of land area of any Parcel in Zone 4. "Bonds" means any bonds issued by the County of Contra Costa on behalf of CFD No. 1991-1. B- "Delinquency Tax Requirement" means the amount necessary to cure any delinquencies in the payment of principal or interest on the Bonds which have occurred in the prior Fiscal Year or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the Fiscal Year in which the tax will be collected, and to replenish the reserve fund for such Bonds to the reserve requirement (including, with respect to the replenishment, charges against the reserve fund for such Bonds which are expected in the future because of delinquencies in the payment of special taxes which have already taken place). "Detached Residential Property" means a structure consisting of only one residential unit. "Developed Property"means Parcels in Zones 1 through 4 for which a building permit has been issued on or prior to March 1 of the preceding Fiscal Year, and all Parcels in Zone 5. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Improved Building Space" means the greater of(1) gross building area as shown on building permits issued for any property, or, if necessary, (2) gross building area as measured or determined by an engineer approved by the Board. "Maximum Special Tax" means the maximum special tax, determined in accordance with Sections C and D, that can be levied within CFD No. 1991-1 in any Fiscal Year pursuant to this Rate and Method of Apportionment of Special Taxes for each class of Developed Property and for Undeveloped Property, as applicable. "Parcel" means a parcel of property as recorded by the Contra Costa County Recorder or as shown and numbered on the applicable Contra Costa County assessor's parcel map(s) for each property within the boundaries of CFD No. 1991-1. "Responsible Party" shall be the person designated by the Board to administer the special tax according.to this Rate and Method of Apportionment of Special Tax. "Special Tax Requirement"means that amount of revenue necessary in the applicable Fiscal Year, as determined by the Responsible Party, to pay debt service on the Bonds in the calendar year which begins in such Fiscal Year, and to pay Administrative Expenses. "Taxable Property" is all of the area within the boundaries of CFD No. 1991-1 which is not exempt from the special tax pursuant to law or Section G below. B- 2 • 0 01 "Total Zone Tax" means the amount of tax responsibility applicable to each zone after assignment of that zone's Special Tax Requirement and Delinquency Tax Requirement as determined pursuant to Section E below. "Undeveloped Property"means all Taxable Property in CFD No. 1991-1 not classified as Developed Property. "Zone 1"means Parcels designated by the following APNs: 148-202-062, 148-202-063, 148-202-064, 148-202-065, 148-202-066, and any Parcel subsequently formed by the subdivision of these Parcels. "Zone 2"means Parcels designated by the following APNs: 148-250-084, 148-250-085, and any Parcel subsequently formed by the subdivision of these Parcels. "Zone 3" means the Parcel designated by APN 172-011-02Z and any Parcel subsequently formed by the subdivision of this Parcel. "Zone 4"means Parcels designated by the following APNs: 148-480-003, 148-480-004, 148-480-005, and any Parcel subsequently formed by the subdivision of these Parcels. "Zone 5" means the Parcel designated by APN 148-202-060, and any Parcel subsequently formed by the subdivision of this Parcel. B. ASSIGNMENT TO LAND USE CLASS On or about July 1 of each year, all Taxable Property within CFD No. 1991-1 shall be categorized either as a Developed Property or an Undeveloped Property and shall be subject to the Maximum Special Tax in accordance with the rate and method of apportionment described in Sections C, D, E and F below. For purposes of determining the applicable Maximum Special Tax pursuant to Section C, Developed Property in Zone 1 shall be assigned to one of the land use classes designated in Table 1, Developed Property in Zone 2 shall be assigned to one of the land use classes designated in Table 2, Developed Property in Zone 3 shall be assigned to one of the land use classes designated in Table 3, Developed Property in Zone 4 shall be assigned to one of the land use classes in Table 4 and Parcels in Zone 5 shall be taxed according to Table 5 below. APNs identified for each zone are identified on the Fiscal Year 1991-92 Contra Costa County assessor's parcel map. If any of the APNs identified become invalid in future Fiscal Years, or if the Parcels are subdivided and/or combined to form new APNs, the special taxes identified in Tables 1 through 5 shall continue to apply to all land uses within CFD No. 1991-1 based on the Fiscal Year 1991-92 APN that would have 8-3 applied to that area. The Responsible Party shall be required to maintain an annual record of APNs that will clearly identify the Fiscal Year 1991-92 APNs and all future activity related to those APNs, including a history of successor Parcels. For purposes of Sections C and D, the acreage or square footage of land area for a Parcel shall be determined by reference to the most current recorded Contra Costa County parcel map or, if necessary, the acreage or square footage shall be determined by an engineer designated by the Responsible Party. Notwithstanding Section G, below, for purposes of the Backup Special Tax, the acreage or square footage of land area applicable to Attached Residential Property shall be computed from the underlying Parcel or lot as indicated on the most recent recorded Parcel map or final recorded subdivision tract map. Each Attached Residential unit shall be assigned an equal proportion of the area of the underlying Parcel or lot. Notwithstanding the above, for Attached Residential Property, a portion of the acreage in a Parcel shall be taxed as Undeveloped Property if building permits for all of the units in the approved site plan for that Parcel were Lot issued as of March 1 of the Fiscal Year prior to the Fiscal Year for which the special taxes are being levied. The acreage in a Parcel to be taxed as Undeveloped Property shall equal the proportion of the associated site plan's approved units for which building permits had not been issued by the previous March 1, multiplied by the total acreage within that Parcel. In making the computations set forth in Sections C and D, and in determining the Maximum Special Tax for Developed Property and Undeveloped Property within CFD No. 1991-1, on July 1, 1992 and on each July 1 thereafter, the Assigned Special Tax and the Backup Special Tax for each land use class set forth in Tables 1 through 5 shall be increased for each Fiscal Year to an amount equal to 102% of the amount in effect for the previous Fiscal Year. C. ALAXIMUM SPECIAL TAX RATE: DEVELOPED PROPERTY The Maximum Special Tax for a Parcel located within Zone 1, Zone 2, Zone 3 or Zone 4, and classified as Developed Property, shall.be the greater of(i) the amount derived by multiplying the square footage of land area within a Parcel tunes the Backup Special Tax or (ii) the Assigned Special Tax. The Maximum Special Tax for a Parcel located within Zone 5 shall be the Assigned Special Tax in Table 5 below. B-4 TABLE Special Taxes for Developed Property In Zone 2 of CFD No. 1991.1 Fiscal Year 1991-92 Fiscal Year 1991.92 Assigned Special Tax Backup Special Tax" Class Und Use Zone 1 Zone 1 1 Residential $ 500 per unit * $ 1.14 per square foot of land area within the Parcel 2 Commercial/Industrial S 49,659 per acre * N/A Such amounts to increase each subsequent Fiscal Year to an amount equal to 102% of the amount in the prior Fiscal Year. ** The Backup Special Tax (for Developed Property) will be applied under the third step of Section F (below) to the following: 1. Detached Residential Property.in Class 1. 2. Attached Residential Property in Class 1 for which densities are less than 99.31 units per acre. B- 5 TABLE 2 Special Taxes for Developed Property in Zone 2 of CFD No. 1991-1 Fiscal Year 1991792 Fiscal Year 1991-92 Assigned Special Tax Backup Special Tax** Class Land Use Zone 2 Zone 2 1 Residential $7,841 per acre * N/A 2 Commercial/Industrial $0.090 per square foot of $0.18 per square foot Improved Building Space of land area within or $6,704 per acre, the Parcel whichever is greater * Such amounts to increase each subsequent Fiscal Year to an amount equal to 102% of the amount in the prior Fiscal Year. ** The Backup Special Tax (for Developed Property) will be applied under the third step of Section F (below) to all Parcels in Class 2. B-6 ABLE 3 Special Taxes for Developed Property In Zone 3 of CFD No. 1991-1 Fiscal Year 1991-92 Fiscal Year 1991-92 Assigned Special Tax Backup Special Tax** Class Land Use Zone 3 Zone 3 1 Residential $6,099 per acre * N/A 2 Commercial/Industrial $0.073 per square foot of $0.14 per square foot Improved Building Space of land area within or $5,083 per acre, the Parcel whichever is greater * Such amounts to increase each subsequent Fiscal Year to an amount equal to 102% of the amount in the prior Fiscal Year. ** The Backup Special Tax (for Developed Property) will be applied under the third step of Section F (below) to all Parcels in Class 2. B-7 TABLE 4 Special Taxes for Developed Property in Zone 4 of CFD No. 1991-1 Fiscal Year 1991-92 Fiscal Year 1991-92 Assigned Special Tax Backup Special Tax" Class Land Use Zone 4 Zone 4 1 Residential $0,000 per acre * N/A 2 Commercial/Industrial 50.000 per square foot of $0.00 per square foot Improved Building Space of land area within or 50,000 per acre, the Parcel whichever is greater " Such amounts to increase each subsequent Fiscal Year to an amount equal to 102% of the amount in the prior Fiscal Year. The Backup Special Tax (for Developed Property) will be applied under the third step of Section F (below) to all Parcels in Class 2. B- 8 TABLE 5 Special Taxes for Zone 5 of CFD No. 1991-1 Contra Costa County Fiscal Year 1991-92 Assessor's Parcel Special Tax Number Zone 5 148-202-060 ** $ 24,850* * Such amounts to increase each subsequent Fiscal Year to an amount equal to 102% of the amount in the prior Fiscal Year. ** In the event of future subdivision of APN 148-202-060, the Assigned Special Tax shall be distributed among the newly created Parcels on an acreage basis by dividing the Assigned Special Tax in that Fiscal Year by the number of acres in the original APN 148- 202-060 and assigning the tax to a successor Parcel based on the acreage in that successor Parcel that was previously in APN 1.48-202-060. D. . MAXIMUM SPECIAL TAX RATES: UNDEVELOPED PROPERTY In addition to the Assigned Special Taxes reflected in Tables 1 through 4, property in Zones 1 through 4 may be subject to a special tax on Undeveloped Property if required pursuant to the Step Two of Section F below. The Maximum Special Tax for Undeveloped Property shall be$49,659 per acre for Parcels located in Zone 1, $7,841 per acre for Parcels located in Zone 2, $6,099 per acre for Parcels located in Zone 3 and $0,000 per acre for Parcels located in Zone 4. B- 9 E. DETERMINATION OF ANNUAL AGGREGATE LEVY WITHIN EACH ZONE The Special Taxes to be levied annually within Zone 1, Zone 2, Zone 3, Zone 4 and Zone 5 shall be calculated by: 1. Determining the Special Tax Requirement for the next Fiscal Year, 2. Assigning responsibility for the Special Tax Requirement in the following proportions: 87.80% to Zone 1, 3.61% to Zone 2, 3.62% to Zone 3, 0.00% to Zone 4 and 4.97% to Zone 5; 3. Determining the Delinquency Tax Requirement attributable to special tax delinquencies in Zone 1 and adding that amount to the 87.80% of the Special Tax Requirement to calculate the Total Zone Tax for Zone 1; 4. Determining the Delinquency Tax Requirement attributable to special tax delinquencies in Zone 2 and adding that amount to the 3.61% of the Special Tax Requirement to calculate the Total Zone Tax for Zone 2; 5. Determining the Delinquency Tax Requirement attributable to special tax delinquencies in Zone 3 and adding that amount to the 3.62% of the Special Tax Requirement to calculate the Total Zone Tax for Zone 3. 6. Determining the Delinquency Tax Requirement attributable to special tax delinquencies in Zone 4 and adding that amount to the 0.00% of the Special Tax Requirement to calculate the Total Zone Tax for Zone 4; 7. Determining the Delinquency Tax Requirement attributable to special tax delinquencies in Zone 5 and adding that amount to the 4.97% of the Special Tax Requirement to calculate the Total Zone Tax for Zone 5. F. METHOD OF APPORTIONMENT TO PARCELS The special tax assigned to each zone shall be the sole responsibility of the properties within that zone. In no event shall any zone be required to provide any special tax revenues to fulfill the Special Tax Requirement of any other zone. The annual special taxes for each zone determined in Section E above shall be apportioned among the Parcels within each zone as provided below: B- 10 i L Zones 1 through 4 The steps below shall be applied annually to satisfy the Total Zone Tax which has been assigned to each zone under Section E above: SteR One: The special tax shall be levied proportionately on each Parcel classified as Developed Property, exclusive of property exempt from special taxes pursuant to Section G, below, up to 100% of the Assigned Special Tax for each class of Developed Property for such Fiscal Year, determined by reference to Table 1,Table 2, Table 3 or Table 4 in Section C, as applicable for each zone; Steg Two: If additional monies are needed after the first step has been completed, the special tax shall be levied proportionately on each Parcel of Undeveloped Property, exclusive of property exempt from special taxes pursuant to Section G, below, up to 100% of the Maximum Special Tax for Undeveloped Property for such Fiscal Year determined by reference to Section D; Step Three: If additional monies are needed after the first two steps have been completed, then the levy of the special tax on each Parcel for which the Backup Special Tax is authorized, shall be increased up to the Maximum Special Tax for each such Parcel by increasing the applicable special tax levy for each Parcel for such Fiscal Year determined by Section C in equal percentages above the special taxes levied pursuant to Step One above up to the applicable Maximum Special Tax for such Parcel. II. Zone 5 A special tax shall be levied annually on Parcel number 148-202-060 (or Parcels created from the subsequent subdivision of said Parcel) to satisfy the Total Zone Tax assigned to Zone 5 under Section E above, up to 100% of the Assigned Special Tax for Zone 5, determined by reference to Table 5 in Section C, above. G. LIMITATIONS Notwithstanding any other provision of this Rate and Method of Apportionment of the Special Tax, no special taxes shall be levied on land conveyed or irrevocably offered for dedication to a public agency, except as otherwise provided in Sections 53317.3 and 533175 of the Mello-Roos Community Facilities Act of 1982. In no event shall a special tax be levied on land which is a public right of way or which is an unmanned utility property or a property encumbered with public or utility easements making impractical its utilization for other than the purpose set forth in B-11 ' r � the easement. No special tax shall be levied on any Parcel in any Fiscal Year which is in excess of the Maximum Special Tax for such Parcel for such Fiscal Year. H. MANNER OF COLLECTION The special taxes for CFD No. 1991-1 will be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 1991-1 may collect special taxes at a different time or in a different manner if necessary to meet its financial obligations. MAY 31, 1"11c=rma4 B-12 EXHIBIT C COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO.1991-1 (PLEASANT HILL BART STATION AREA) ASSESSOR'S PARCEL NUMBERS AND OWNERS OF LAND SUBJECT TO LEVY OF SPECIAL TAXES WITHIN COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO.1991-1 (PLEASANT HILL BART STATION AREA) Names and Addresses of Property Owners Assessor's Parcel Nos. GBW Properties 148-202-060 520 South Lafayette Park Place 148-202-062 Suite 214 148-202-063 Los Angeles, California 90057 148-202-064 148-202-065 148-202-066 Oak Court Partners 148-250-084 c/o Taylor Woodrow of California 148-250-085 333 3rd Street, 2nd Floor San Francisco, California 94107 Station West Associates 172-011-022 c/o Northwest Asset Management Co. Inc. 100 Pringle Avenue, #550 Walnut Creek, California 94596 C-1 AUG 2 4 'IM Ccs oF7 - cdi I(t' Cv."TA eaw `/ RESOLUTION NO. 9 4/4 3 3 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA DIRECTING THE EXECUTION AND RECORDATION OF A NOTICE OF CANCELLATION OF SPECIAL TAX LIEN AND AN AMENDED AND RESTATED NOTICE OF SPECIAL TAX LIEN County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) RESOLVED, by the Board of Supervisors of the County of Contra Costa (the "County") that: WHEREAS, this Board of Supervisors has conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "'Act"'), to form the County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) (the "District"), to authorize the levy of special taxes upon the land within the District, and to issue bonds secured by said special taxes the proceeds of which were used to finance certain public facilities; and WHEREAS, at the time of the formation of the District, a parcel of land was included within the District, but was assigned no responsibility for payment of special taxes within the District; and WHEREAS, HD Delaware Properties, Inc. (the "Property Owner"), the current owner of such parcel, has requested that the County take the necessary actions to release the special tax lien imposed within the District on such parcel; and WHEREAS, in order to release said special tax lien, it will be necessary for the County to record a Notice of Cancellation of Special Tax Lien, a copy of which notice is on file with the Deputy Director — Redevelopment; and WHEREAS, in processing the Property Owner's request for said release, it has been determined that the Notice of Special Tax Lien for the District contained certain errors and it is necessary to record an Amended and Restated Notice of Special Tax Lien (such notice, together with the Notice of Cancellation of Special Tax Lien, being hereafter referred to collectively as the "Notices"), a copy of which amended and restated notice is on file with the Deputy Director — Redevelopment; and WHEREAS, this Board of Supervisors now desires to approve the Notices, and to direct the execution and recordation by the Clerk of the Board of the Notices. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: Section 1. The Notices, in the respective forms on file with the Deputy Director — Redevelopment, are hereby approved. The Clerk of the Board is hereby authorized and 94/433 directed to execute the Notices and to record (or cause to be recorded) the Notices in the office of the County Recorder. Section 2. This resolution shall take effect from and after its adoption. N N I hereby certify that the foregoing Resolution was duly adopted by the Board of Supervisors of Contra Costa County, California, at a regularly scheduled meeting thereof, held on the 16 th day ofAugu s t , 1994, by the following vote of the Board: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: —1M.0 t j -41 Deputy J1382 8/16/94 DECOR®E�,I� EQLJESI" AUG 241994 AT . U`9'aOCK P M SONTRA COSTA COUNTY RECORDS STEPHEN L. WEIR COUNTY RECORDER -2- END Of DOCUNEM 94/433