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HomeMy WebLinkAboutMINUTES - 09102002 - C164 TO: BOARD OF SUPERVISORS FROM: Dennis M. Barry, AICD Community Development Director DATE: September 10, 20102 SUBJECT: Renaissance Club Sport, Pleasant Hill BART Area SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT Resolutions relating to establishment of a Mello-Roos Community Facilities District for the Renaissance Club Sport development, Pleasant Hill BART Area including: A Resolution of Intention to establish a Community Facilities District A Resolution of Intention to Incur Bonded Indebtedness FISCAL IMPACT Nene, Any bonds to be issued would be secured solely by voter approved special taxes. All costs of establishing the Community Facilities District are paid by the involved developers,and all costs of administering the District would be covered by the voter approved-special tax. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOENDATIO}N OF 03ARD COMMITTEE 'APPROVE OTHER 7 SIGNATURES ACTION OF BO ON PROVED AS RECOMMENDED OTHER 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. Contact: Jim Kennedy 3-1255 orlg: Community Development �, � y cc: County Administrator ATTESTE 0 County Counsel PHIL BATCHE OR, CLERKOIC' HCHE Treasurer-Tax Collector BOARD OF SUPERVISORS Auditor-Controller AND THE COUNTY ADMINISTRATOR Public Works , BY .. 1, DEPUTY 1 i tan'AMn r...,.....: ....-- . ... � r BACKGROUND IRgASONS FQR RE M BNDATlC1NS Mein-Roos Community Facilities Districts are a mechanism to mance infrastructure for approved development projects. A voter approved special tax is use to pay the debt service on bonds issued by the District. The County has adopted financing policies for Community Facilities District on September 13,1994. WC Walnut Creek LLC has filed an application with the County for establishment of a Mesio-Moos Community Facilities District(CFD)for the Renaissance Club Sport development,a 175 room Marriot Renaissance hotel and a 70,000 square foot Club Sport Health Club,in the Pleasant Hill SART Area. The project is fully entitled, and is under construction. Occupancy is expected by November 1, 2002. The proposed District is unoccupied,and in one ownership,and therefore its establishment would be subject to a landowner/developer vote. The proposed is to issue up to$3.5 million of special tax secured bonds to finance public infrastructure required for the Renaissance Club Sport project, including water and sewer hookups, drainage and road Improvements,and utility work. The proposal conforms to the county adapted financing policies for Mello-Roos Community Facilities Districts. The County Debt Advisory Committee(which consists of designers of the County Administrator,the Auditor- Controller,and the Treasurer-Tax Collector)will further review and make a recommendation to the Board of Supervisors prior to the Board's consideration of a Bond Sale Resolution in mid-October(estimated). The recommended actions responds to a petition received from,the property owner, and conform to the requirements of the Mello-Roos Community.Facilities Act of 1982, as amended (Chapter 2.5 of Part 1 of Division 2 of Title 5,commencing at Section 53311 of the California Government Code). JK:ln 1 RESOLUTION NC1. t543- _ A RESOL'[„TTION OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2002-1 (RENAISSANCE CLUESPOIRT PUBLIC IMPROVEMENTS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 County of Contra Costa Community Facilities District No. 2002-1 (Renaissance ClubSport Public Improvements) RESOLVED by the Board of Supervisors of the County of Contra Costa (the "County") that: WHEREAS, this Board of Supervisors has this date adopted its Resolution entitled "A Resolution. of Intention to Establish a Community Facilities .District and To Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982", stating its intention to form a community facilities district pursuant to .the Mello-Roos Community Facilities Act of 1982,as amended(the"Act"),being Chapter 2.8 of Part 1 of Division 2 of Title 8 of the California Government Code, for the purpose of financing and/or refinancing, as applicable,certainpublic improvements(the"Facilities"),certain public infrastructure fees(the "Fees") and certain prior assessment dens (the "Prior Liens"), as mer provided in said Resolution; and WHEREAS,this Board of Supervisors estimates the amount required for the financing of a portion of the costs of the Facilities to be the sum of not to exceed$3,230,000;and WHEREAS, in order to finance a portion of the costs of said Facilities it is necessary to incur bonded indebtedness in the amount of not to exceed$3,500,000. NOW,THEREFORE,IT IS HEREBY ORDERED as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed County of Contra Costa Community Facikties District No. 200.2-1 (Renaissance ClubSport Public Improvements) (the"District")in the amount of not to exceed$3„5ot ,000 to finance and/or refinance, as applicable, the costs of the Facilities,the payment of the Fees and the discharge of the Prior Liens. Section 2. The bonded indebtedness is proposed to be incurred for the purpose of financing and/or refinancing, as applicable, the costs of the Facilities,the payment of the. Fees 4 and the discharge of the Prior Liens including all costs incidental to or connected with the accomplishment of said purposes and of the financing and/or refinance, as applicable, thereof, as permitted by Section 53345.3 of the Act. Section 3. This Board of Supervisors, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to exceed 3,50o,000,bearing interest payable semi-annually or in such other manner as this Beard of Supervisors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 40 years from the date of the issuance of said bonds. Section 4. Tuesday, October 15, 2002, at I1:oo a.m. or as soon thereafter as the matter may be heard,in the Board Chambers, Room 107,651 pine Street, Martinez, California,be, and the same are hereby appointed and fixed as the time and place when and where this Board of Supervisors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bands of the County for the District. Section 6. The Deputy Director - Redevelopment is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District The publication of said notice shall be completed at least seven(y) days before the date herein set for said public hearing. Said notice shall substantially in the form.of Exhibit A hereto. Section 6. This Resolution shall take effect upon 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 loth clay of September, 2002,by the following vote of the Board: AYES: SL3F'W'.SMS UnK4, GUM, DeSMINM, GLMM AID GIOIA NOES: ABSENT: N= ATTEST: September 10, W02 Clerk of the Board of Supervisors and County Administrator By. 0 � Deputy E i -2- F7HIIBIT A NOTICE OF PUBLIC IiFARJTNG Notice is hereby given that on September 10, 2002, the Board of Supervisors of the County of Contra Costa adopted a Resolution entitled "A Resolution of Intention To Incur Bonded Indebtedness of the Proposed County of Contra.Costa Community Facilities District No. 2002-1(Renaissance ClubSport Public Improvements) Pursuant To The Mello-Roos Community Facilities Act of 1982". Pursuant to the McHo-Roos Community Facilities Act of 1982(the"Ace) the Board of Supervisors hereby gives notice as follows: A. The text of said Resolution is as follows: RESOLVED by the Board of Supervisors of the County of Contra Costa (the "County")that: WHEREAS, this Board of Supervisors has this date adopted its Resolution entitled "A Resolution of Intention to Establish a Community Facilities District and To .Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982", stating its intention to form a community facilities district pursuant to the . Mello-Roos Community Facilities Act of 1982,as amended(the"Act"),being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing and/or refinancing, as applicable, certain public improvements (the "Facilities"), certain public infrastructure fees(the"Fees") and certain prior assessment liens(the"Prior Liens"),as further provided in said Resolution;and WHEREAS, this Board of Supervisors estimates the amount required for the financing of a portion of the costs of the Facilities to be the sum of not to exceed $3,250,000; and WHEREAS, in order to finance a portion of the costs of said Facilities it is necessary to incur bonded indebtedness in the amount of not to exceed$3:50+0,000. NOW,THEREFORE,IT IS HEREBY ORDERED as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed. County of Contra Costa Community Facilities District No. 2002-1 (Renaissance ClubSport Public Improvements) (the "District") in the amount of not to exceed $3,500,000 to finance and/or refinance, as applicable,the costs of the Facilities, the payment of the Fees and the discharge of the Prior Liens. x , Section 2. The bonded indebtedness is proposed to be incurred for the purpose of financing and/or refinancing,as applicable,the assts of the Facilities, the payment of i the Fees and the discharge of the Prior Liens including all costs incidental to or connected with the accomplishment of said purposes and of the financing and/or refinance,as applicable,thereof,as permitted by Section.53345.3 of the Act. Section 3. This Board of Supervisors, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal A-1 amount of not to exceed $3,500,000,bearing interest payable semi-annually or in such other manner as this Board of Supervisors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 40 years from the date of the issuance of said bonds. Section 4. Tuesday, October 15: 2002, at 11:oo a.m. or as soon thereafter as the matter may be heard, in the Board Chambers, Room 107, 651 Pine Street, Martinez, California,be, and the same are hereby appointed and fixed as the time and place when and where this Beard of Supervisors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the County for the District. Section. 5. The Deputy Director - Redevelopment is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven. (7)days before the date herein set for said public hearing. Said notice shall substantially in the form of Exhibit A hereto. Section 6. This Resolution shall take effect upon its adoption. B. The hearing referred, to in the aforesaid Resolution shall be at the time and place specified.in said Resolution. C. At that time and place any person interested, including persons awning property in the area of the proposed community facilities district, will be heard upon the proposed debt issue. Dated: . 2002 By: 1sl Imeg &nStv,-. _ Deputy Director-Redevelopment A2 RESOLUTION NO. 9:0745,2 A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-It.00S COMMUNITY FACILITIES AOI`OF 1982 County of Contra.Costa Community Facilities District No. 2002-1 (Renaissance Cl bSport Public Improvements) RESOLVED by the Board of Supervisors of the County of Contra Costa (the "County") that: WHEREAS, this Board of Supervisors has received a written petition (the "Petition") from the owners of all of an area of land proposed to be included within a community facilities district (the "District"), the proceedings for the formation of which District are as hereafter provided; and WHEREAS, under the Mello-Roos Community :Facilities Act of 1982, as amended(the "Act"), Chapter 2<5 of Part 1 of Division 2 of Title g, commencing at Section 53311, of the California Government Code, this Board of Supervisors is the legislative body for the proposed District and is empowered with the authority to establish the District;and WHEREAS, this Board of Supervisors now desires to proceed with the establishment of the District,and WHEREAS, it has been proposed that WC Walnut Creek L.L.C., a Delaware limited liability company (the "Developer"), construct various public improvements proposed to be financed by the District and have such improvements acquired with.District bond proceeds,and. an Acquisition Agreement has been prepared to be entered into by the County and the Developer providing for such construction and acquisition(the"Acquisition Agreement"),and WHEREAS,this Board of Supervisors now desires to approve the Acquisition Agreement so that the public improvements to be financed by the District can be completed and conveyed to the County pending completion of the District proceedings. NOW,THEREFORE,IT IS HEREBY ORDERED as follows: Section. 1. This Beard of Supervisors proposes to conduct proceedings to establish a community facilities district pursuant to the Act. i Section 2. The name proposed for the District is County of Centra Costa. Community Facilities District No. 2002-1(Renaissance ClubSport Public Improvements). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Clerk of the Board,which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Clerk of the Board is hereby directed to record, or cause to be recorded, the map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in paragraph xo below. Section 4. The type of public facilities (the "Facilities"), public improvement fees (the "Fees") and prior assessment liens (the "Prior Liens")proposed to be financed•and refinanced., as applicable, by the District and pursuant to the Act shall consist of those items listed on Exhibit A hereto which Exhibit is by this reference incorporated herein. Section ,. Except to the extent that funds are otherwise available to the District to finance or refinance, as applicable,the Facilities,the Fees and the Prior Liens,and/or to pay the principal and,interest as it becomes due on bonds of the District issued to fund the Facilities and the Fees and to discharge the Prior Liens, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Supervisors shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, is described in Exhibit B attached hereto which Exhibit is by this reference incorporated herein. This Board of Supervisors finds that the provisions of Section 33313.6, 53313.7 and 53313.9 of the Act(relating to adjustments to ad valorem property taxes and schools financed by a community facilities district)are inapplicable to the District. Section 6. It is the intention of this Board of Supervisors, acting as the legislative body for the District,to cause bonds of the County to be issued for the District pursuant to the Act to finance or refinance, as applicable, in whale or in part the Facilities, the Fees and the Prior Liens. Said bands shall be in the aggregate principal amount of not to exceed$3,500,000,shall bear interest payable semi-annually or in such other manner as this Board of Supervisors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bands, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand.-delivered ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. Section 8. kept as may otherwise be provided by law or by the rate and method of apportionment of the special taxes for the District, all lands owned by any public, entity, including the [rotted States, the State of California and/or the County, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities,the Fees,the Prior Liens and the District. Section g. The .Deputy Director-Redevelopment of the County, as the officer having charge and control of the financing program,is hereby directed to study said proposed Facilities, Fees and Prior Liens and to make, or cause to be made, and file with the Clerk of the Board a report in writing,presenting the following: -2- (a)A description of the Facilities, Fees and Prior Liens to be funded by the District. {b} An estimate of the fair and reasonable cost of funding the Facilities, Fees and Prior Liens including the incidental expenses in connection therewith, including the costs of the proposed band financing and all other related costs as provided in Section 53545.3 of the Act. Said report shall be made a part of the record of the public hearing provided for below. Section io. Tuesday, October 15, 2002, at il:oo a.m.or as soon thereafter as the matter may be heard, in the Board Chambers, Room lo7, 651 Fine Street,Martinez,California,-be, and the same are hereby appointed and Fated as the time and place when and where this Board of Supervisors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special taxes. Section ii. The Deputy Director - Redevelopment is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. Section 12. The County proposes to repay, solely from the proceeds of bonds of the County issued for the District,funds advanced to pay costs of the County to form the District,or to pay the Fees. Section 13. The Acquisition Agreement, in the form on file with the Deputy Director- Redevelopment, is hereby approved. The Deputy Director - Redevelopment is hereby authorized and directed, for and on behalf of the County and the District,to execute and deliver the Acquisition Agreement in such form.,together with such additions thereto or changes therein as the Deputy Director -- Redevelopment, upon consultation with Bond Counsel to the County for the District, shall approve, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Acquisition Agreement by the Deputy Director- Redevelopment. Section 14. This Board of Supervisors reserves to itself the right and authority to allow any interested owner of property in the District, subject to the provisions of Section 53344,1 of the Act and such requirements as it may otherwise impose, and any applicable prepayment penalties as prescribed in the indenture or fiscal agent agreement for any bonds of the County for the District, to tender to the Deputy Director-Redevelopment or designee (who shall remit the same to the County Treasurer)in full payment or part payment of any installment of special taxes for the District or the interest or penalties thereon which may be due or delinquent,but for which a bill has been received, any bond or other obligation secured.thereby, in the manner described in Section 53344.1 of the Act. iE Section 15. The firm of Quint&Thimmig LLP,is hereby designated as bond counsel and disclosure counsel for the District and any bonds issued by the County for the District,the firm of Goodwin Consulting Group, Inc. is hereby designated as special tax consultant to the County for the District,and the firm of stone&Youngberg LLC is hereby designated as underwriter for any bands issued by the County for the District The Deputy Director-Redevelopment is hereby authorized to execute agreements with said firms for their services related to the District and any bonds issued by the County for the District,in form and substance acceptable to the Deputy Director-Redevelopment. -3- Seen aft. This Resolution shall take effect upon 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 loth day of September,2002,by the following vete of the Board: AYES: SUPUWMRS i nM%, GMM, I)� , MOM AM GI.oIA NOES: NM ABSENT: NM ATTEST: September 10, W02 Clerk of the Board of Supervisors and County Administrator By: Deputy 03007.10:J6343 n8/27/02 i -4- EXHIBIT A DESCRIPTION OF PRIOR.LIENS, PUBLIC FEE OBLIGATIONS AND PUBLIC IMPROVEMENTS TO BE FINANCED AND/OR REFINANCED BY THE DISTRICT D.jEhpf ori F,�stimated Cost 1. Liens unposed by Contra Costa County Assessment District Nos. 1991-2 $462,000 and x987-1 2. Contra Costa Water District Public Capital Improvement Fee Levied in $455,6og Respect of Development of the Property g. Central.Contra Costa Sanitary District Public Capital Improvement Fee $676,868 Levied in Respect of Development of the property 4. Public Infrastructure Improvements,including water mains,road $677,886 construction,traffic signals 5. Right-of-Way for Public Infrastructure Improvements $890,000 The District may also finance any of the following: A. Pond related expenses, including underwriter's discount, reserve fund, capitalized interest,bond and disclosure counsel fees and expenses,and all other incidental expenses. B. Administrative fees of the County and any fiscal agent related to the District and the bonds. C. Reimbursement of costs related to the formation of the District advanced by the County, any landowner or lessee of the Property, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the County, any landowner or lessee of the Property in the District or any party related to any of the foregoing,for facilities,fees or other purposes or costs of the District is Y A-s- EX-H-IBIT B RATE AND METHOD OF APPORTIONMENT OF SP'ECLAL TAX A Special Tax applicable to each Assessor's Parcel in Community Facilities District No. 2002-1 (herein "CFD No. 2002-1") shall be levied and collected according to the tax liability .determined by the Board of Supervisors of the County of Centra Costa or its designee, as described below. All of the property in CFD No. 2002-1, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes,to the extent, and in the manner herein provided. A. DEFIl' MONS The terms hereinafter set forth have the fallowing meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map,or if the land area is not shown on an Assessor's Parcel Map,the land area shown on the applicable final map,parcel map, or other recorded County parcel map. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended., being Chapter 2.5 (commencing with Section 533"), Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means any or all of the following: the fees and expenses of any fiscal agent or trustee (including; any fees and expenses of its counsel) employed in connection with any Bonds; any costs associated with the marketing or remarketing of the Bonds,the expenses of the Administrator and the County in carrying out their respective duties under any fiscal agent agreement,indenture or resolution with respect to the Bands or CFD No. 2002-1, including, but not limited to, the levy and collection of the Special Tax, the fees and expenses of legal counsel, charges levied by the County or any division or office thereof in connection with the levy and collection of Special Taxes, audits, continuing disclosure or other amounts needed to pay arbitrage rebate to the federal government with respect to Bands; costs associated with complying with continuing disclosure requirements, costs associated with responding to public inquiries regarding Special Tax levies and appeals; attorneys' fees and other costs associated with commencement or pursuit of foreclosure for delinquent Special Taxes; costs associated with overhead expense allocations to CFD No. 2002.-1,` and all other casts and expenses of the County, the Administrator, and any fiscal agent, escrow agent or trustee related to the administration of CFD No. 2002-1. "Administrator"shall mean the person or firm designated by the Board to administer the Special Tax according to this Rate and Method of Apportionment of Special Tax. "Assessor's Parcel"or"Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County of Contra Costa designating parcels by Assessor's Parcel Number. B-1 "Bands" means any bonds or ether debt (as defined in Section 53317(d) of the Act), whether in one or more series,issued by CFD No. 2002-1 under the Act. "Board"means the Board of Supervisors of the County of Contra Costa. "County"means the County of Contra Costa. "Fiscal Year"means the period starting July x and ending on the following June 30. "Maximum Special Tax" means the maximum amount of Special Tax, determined in accordance with Section B below,that can be levied in any Fiscal Year. "Original Parcels" means the two Assessor's Parcels identified in Fiscal Year 2002-03 by Assessor's Parcel numbers 172-020-046 and 172-020-047. "Proportionately";Weans,in any Fiscal Year,that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within the CFD. "Public Property" means any property within the boundaries of CFD No. 2002-1 that is owned by or irrevocably offered for dedication to the federal government, State of California or other local governments or public agencies. "Special Tax" means a special tax levied in any Fiscal Year that will be used to pay the SpecialTax Requirement, as defined below. "Special Tax Requirement" means the total amount needed each Fiscal Year to (i) pay principal and interest on Bonds in the calendar year commencing in such Fiscal Year, (ii) create or replenish reserve funds,(iii) cure any delinquencies in the payment of principal or interest on indebtedness of CFD No. 2002-1 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(iv)pay Administrative Expenses. "Successor Parcel" means a Parcel of Taxable Property created from subdivision, lot line adjustment or reconfiguration of an Original Parcel. "Taxable Property"means all Parcels within the boundary of CFD No. 2002-1 which are not exempt from the Special Tax pursuant to law or Section E below. B. MAXIMUM SPECIAL TAX Following is the Maximum Special Tax assigned to each Original Parcel in CFD No. 2002-x: Fiscal Year 2002-03 Assessor's Parcel Number Maximum Special Tax 172-020-045 ---,--- 172-020-047 _.If an Original Parcel is subdivided or reconfigured, the Administrator shall assign the Maximum Special Tax to Successor Parcels by applying the following steps: B-2 Step I. Determine the Acreage of Taxable Property within Successor Parcels created from subdivision or reconfiguration of the Original Parcel(s). Step 2. Divide the Maximum Special. Tax assigned to the Original Parcel(s) by the number of taxable acres determined in Step 1 to determine a Maximum Special.Tax per acre. Step 3. Multiply the Maximum Special Tax per acre determined in Step 2 by the Acreage of each Successor Parcel of Taxable Property to determine the Maximum Special Tax for each Parcel. If a Successor Parcel is further subdivided or reconfigured,Steps 2 through 3 above shall be applied to determine the Maximum Special Tax for the Parcels created from that Successor Parcel. If an Original Parcel or a Successor Pard is assigned a different .Assessor's Parcel number, the Maximum Special Tax assigned to that Parcel shall continue to apply. The Administrator shalt keep a current inventory of Parcels and Assessor's Parcel numbers within the CFD. C. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAS Each Fiscal Year, the Administrator shall determine the Special Tax Requirement for that Fiscal Year. The Sped Tax shall then be levied Proportionately on each Parcel of Taxable Property up to g00% of the Maximum Special Tax assigned to each Parcel until the amount levied is equal to the Special Tax Requirement. D. ' MANNER OF COLLECTION Special Taxes for CFD No. 2002-1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes,provided, however,that prepayments are permitted as set forth in Section F below and provided further that the County may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner, and may collect delinquent Special Taxes through foreclosure or other available methods. E. EXEMPTIONS Notwithstanding any other prevision of this Rate and Method of Apportionment of Special Tax,no Special Taxes shall be levied on Public Property,except as otherwise provided in Sections 53317.3 aud.53317.5 of the Act. it F. PREPAYMENT OF SPECIAL TAX The following definitions apply to this Section.F; "Future Facilities Costs" means the Public Facilities Requirements (as defined below) minus public facility casts funded by Previously Issued Bonds, interest earnings on the B-3 construction fund actually earned prior to the date of prepayment, Special. Taxes, developer equity, and/or any other source of funding. 'Outstanding Bonds"means all Previously Issued Bonds which remain outstanding,with the following exception. if a Special Tax has been levied against, or already paid by, an Assessor's Parcel masking a prepayment, and a portion of the Special Tax will be used to pay a portion of the next principal payment on the Bonds that remain outstanding (as determined by the Administrator), that next principal payment shall be subtracted from the total Band principal that remains outstanding, and the difference shall, be used as the amount of "Outstanding Bunds"for purposes of this prepayment formula. "Previously Issued Bonds" means all Bonds that have been issued by CFD No. 2002-1 prior to the date of prepayment. "Public Facilities Requirements" means either $-,---,-... in 2002 dollars, which shall increase by three percent (3%) on January 1, 2002, and on each January 1 thereafter, or such lower number as shall be determined by the County as sufficient to fund public facilities to be provided by CFD No. 2002-1 under the authorized banding programi for CFD No.2002-1. The Special Tax obligation applicable to an Assessor's Parcel in CFD No. 2002-1 may be prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein, provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the County with written:notice of intent to prepay. Within 3o days of receipt of such written notice,the County shall notify such owner of the prepayment amount of-such Assessor's Parcel. Prepayment must be made not less than 75 days prior to any interest payment date for Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount shall be calculated as follows (capitalized terms as defined below): Band Redemption Amount Plus Future Facilities Amount Plus Redemption Premium Plus Defeasance Plus Administrative Fees and Expenses "e� rye FuA equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount shall be determined by application of the following steps. Step i. Compute the total Maximum Special Tax that could be collected &m the F Assessor's Parcel prepaying the Special Tax in the Fiscal year in which prepayment would be received by the County. Step 2: }Divide the Maximum ,Special Tax computed pursuant t0 Step i for such Assessor's Parcel by the Maximum Special Tax revenues that could be collected in that Fiscal Year from property in the entire CFD. $-4 f Step g: Multiply the quotient computed pursuant to Step 2 by the Outstanding Bands t0 compute the amount of Outstanding Bands to be retired and prepaid. (the "Band.Redemption.Amount"). Step 4: Compute the current Future Facgities Costs. Step 5: Multiply the quotient computed pursuant to Step 2 by the amount determined pursuant to Step 4 to compute the amount of Future Facilities Costs to be prepaid(the"Future Facilities Amount"). Step 6: Multiply the Bond Redemption Amount computed pursuant to Step 3 by the, applicable redemption premium, if any, on the Outstanding Bands to be redeemed(the"Redemption Premium"). Step 7: Compute the amount needed to pay interest on the Bond Redemption Amount starting with the first Bond interest payment date after which the prepayment has been received until the earliest redemption date for the Outstanding Bonds. However, if Binds are callable at the first interest payment date after the prepayment has been received, Steps 7, 8 and g of this prepayment formula will not apply. Step 8: Compute the amount of interest the County reasonably expects to derive from reinvestment of the Bond Redemption Amount plus the Redemption Premium from the first Bond interest payment date after which the prepayment has been received until the redemption date for the Outstanding Bonds. - Step 9: Take the amount computed pursuant to Step 7 and subtract the amount computed pursuant to Step 8(the"Defeasance").. Step lo: The administrative fees and expenses of CFD No. 2002-1 are as calculated by the County and include the costs of computation of the prepayment,the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption(the"Administrative Fees and Expenses"). Step 11: A reserve fund credit shall be calculated as the reduction, if any, in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment(the"Reserve Fund Credit"). Step 12: The Special. Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 8, 5, 6, g, and xo, less the amount computed pursuant to Step ii (the"Prepayment Amount"). �Y yyi F' B~5 EXHIBIT C NOTICE OF PUBLIC BEARING Notice is hereby given that on September 10, 2002, the Board of Supervisors of the County of Contra Costa adopted a Resolution entitled"A Resolution of Intention To Establish A Community Facilities District And To Authorize The Levy of Special Takes Pursuant To The Mello-Roos Community Facilities Act of 1982". Pursuant to the Mello-Roos Community Facilities Act of 1982(the'Act")the Board of Supervisors hereby gives notice as follows: A.The text of said Resolution of Intention is as follows: RESOLVED by the Board of Supervisors of the County of Contra Costa (the "County")that: WHEREAS, this Board of Supervisors has received a written petition (the "Petition") from the owners of all of an area of land proposed to be included within a community facilities district (the"District"), the proceedings for the formation of which District are as hereafter provided;anal WHEREAS,under'the Mello-Roos Community Facilities Act of 1982,as amended (the"Act"),Chapter 2.5 of Part x of Division 2 of Title g, commencing at Section 53311,of the California Government Code,this Board of Supervisors is the legislative body for the proposed District and is empowered with the authority to establish the District;and WHEREAS, this Board of Supervisors now desires to proceed with the establishment of the District; and WHEREAS, it has been proposed that WC Walnut Creek L.L.C., a Delaware limited liability company (the "Developer"), construct various public improvements proposed to be financed by the District and have such improvements acquired with District bond proceeds, and an Acquisition Agreement has been prepared to be entered into by the County and the Developer providing for such construction and acquisition (the"Acquisition Agreement"), and WHEREAS, this Board of Supervisors rs now desires to approve the Acquisition Agreement so that the public improvements oto be financed by the District can be completed and conveyed to the County pending completion of the:District proceedings. NOW,THEREFORE, IT IS HEREBY ORDERED as follows: Section x. This Board of Supervisors proposes to conduct proceedings to establish a community facilities district pursuant to the Act. Section 2. The name proposed for the District is County of Contra Costa Community Facilities District No. 2002-1 (Renaissance Club port Public Improvements). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Clerk of the Board, which boundaries are hereby C_2 preliminarily approved and to which map reference is hereby made for further particulars. The Clerk of the Board is hereby directed to record,or cause to be recorded, the map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in paragraph ro below. Section.4. The type of public facilities(the"Facilities"),public improvement fees (the "Fees") and prior assessment liens (the "Prior Liens") proposed to be financed and refinanced, as applicable, by the District and pursuant to the Act shall consist of those items listed on Exhibit A hereto which Exhibit is by this reference incorporated herein. Section 6. Except to the extent that funds are otherwise available to the District to finance or refinance, as applicable,the Facilities,the Fees and the Prior Liens, and/or to pay the principal and interest as it becomes due on bonds of the District issued to fund the Facilities and the Fees and to discharge the Prior Liens, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the District,and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Supervisors shall determine, including direct billing of the affected property owmers. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within: the proposed District to estimate the maximum amount such owner will.have to pay, is described in Exhibit B attached hereto which Exhibit is by this reference incorporated herein. 'This is Board. of Supervisors finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act(relating to adjustments to ad valorem property taxes and schools financed by a community facilities district)are inapplicable to the District. Section 6. It is the intention of this Beard of Supervisors, acting as the legislative body for the District, to cause bonds of the County to be issued for the District pursuant to the Act to finance or refinance,.as applicable, in whole or in part the Facilities, the Fees and the Prior Liens. Said bonds shall be in the aggregate principal amount of not to exceed$3,500,000,shall bear interest payable semi-annually or in such other manner as this Board of Supervisors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof Section 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot .among the landowners in said proposed District,with each owner having one vote for each acre or portion of an acre such owner owns in the District. E 1 Section& Except as may otherwise be provided bylaw or by the rate and method of apportionment of the special taxes for the District, all lands owned by any public entity, including the United States, the State of California and/or the County, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities,the Fees,the Prior Liens and the District. C-a Section g. The Deputy Director-Redevelopment of the County, as the officer having charge and control of the financing program, is hereby directed to study said proposed Facilities,Fees and Prior Liens and to make,or cause to be made, and file with the Clerk of the Board a report in writing,presenting the following: (a) A description of the Facilities, Fees and Prier Diens to be funded by the District (b)An estimate of the fair and reasonable cost of funding the Facilities, Fees and Prior Liens including the incidental expenses in connection therewith, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. Said report shall be made a part of the record of the public hearing provided for below. Section lo. Tuesday, October 15, 2002, at 11.00 a.m. or as soon thereafter as the matter may be heard, in the Board Chambers, Room 107, 651 Pine Street, Martinez, California,be, and the same are hereby appointed and fined as the time and place when and where this Board of Supervisors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special taxes. Section 11. The Deputy Director - Redevelopment is hereby directed to cause notice"of said public hearing to be given by publication one time in a newspaper published in the area of the District The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said; notice shall be substantially in the form of Exhibit C hereto. Section 12. The County proposes to repay, solely from the proceeds of bands.of the County issued for the District, funds advanced to pay costs of the County to form the District,or tri pay the Fees. Section 13. The Acquisition Agreement, in the form on file with the Deputy Director--Redevelopment,is hereby approved.The Deputy Director—Redevelopment is hereby authorized and directed, for and on behalf of the County and the District, to execute and deliver the Acquisition Agreement in such form, together with such additions thereto or changes therein as the Deputy Director — Redevelopment, upon consultation with Bond. Counsel to the County for the District, shall approve, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Acquisition Agreement by the Deputy Director—Redevelopment Section 14. This Board of Supervisors reserves to itself the right and au&rity to allow any interested owner of property in the District,subject to the provisions of Section 5;3344.1 of the Act and such requirements as it may otherwise impose,and any applicable prepayment penalties as prescribed in the indenture or fiscal agent agreement for any bands of the County for the District,to tender to the Deputy Director-Redevelopment or designee (who shall remit the same to the County Treasurer) in full payment or part payment of any installment of special taxes for the District or the interest or penalties thereon which may be due or delinquent,but for which a bili has been received,any bond C-3 or ether obligation secured thereby, in the manner described.in Section 53344.1 of the Act. Section x5. The firm of Quint & Thimmig LLP, is hereby designated as bond counsel and disclosure counsel for the District and any bonds issued by the County for the District,the firm of Goodwin Consulting Group, Inc. is hereby designated as special tax consultant to the County for the District, and the firm of Stone &Youngberg LLC is hereby designated as underwriter for any bonds issued by the County for the District. The Deputy Director Redevelopment is hereby authorized to execute agreements with said firms for their services related to the District and any bonds issued by the County for the District,in farm and substance acceptable to the Deputy Director-Redevelopment. Section 16. This Resolution shall take effect upon its adoption. B. The time and place established under said Resolution for the public hearing required under the Act are Tuesday, October 15, 2002, at the hour of 11:oo a.m. or as soon thereafter as the matter may be heard, in the Board-Chambers, Room 107, 651 Pine Street, Martinez,California. C. At said hearing,the testimony of all interested persons or taxpayers for or against the establishment of the district,the extent of the district or the furnishing of the specified types of facilities or payment of specified fees or refinancing of specified prior liens will be heard.Any person:interested may file a protest in writing with the Clerk to the Board as provided in Section 5.3:323 of the ,Act. If fifty percent or more of the registered voters, or six registered voters, whichever is more,residing in the territory proposed to be included in the district,or the owners of one-half or more of the area of land in the territory proposed to be included in the district-and not exempt from,the special tax file written protests against the establishment of the District and the pretests are not withdrawn to reduce the value of the protests to less than a majority, the Board of Supervisors shall take no further action to establish the District or levy the special takes in the District for a period of one year from the date of the decision of the Board of Supervisors, and if the majority protests of the registered voters or the landowners are only against the furnishing of a type or types of facilities, payment of a type or types of fees, or refinancing of types of prior liens within the district, or against levying a specified special tax in the district, those types of facilities, fees or prior liens, or the specified special tax, will be eliminated from, the proceedings to farm the district. D. The proposed voting procedure shall be by special mail or hand-delivered ballot to the property owners within the territory proposed to be included in the district. Dated' . 2002 By: JsJ 4=5 Deputy Director--Redevelopm nt q G4