2018/11/02 Romoland School District Romoland School District CFD 2004-1 (Heritage Lake)AMENDED JOINT COMMUNITY FACILITIES AGREEMENT
by and among
ROMOLAND SCHOOL DISTRICT,
CITY OF MENIFEE
and
MENIFEE DEVELOPMENT, LLC
relating to
ROMOLAND SCHOOL DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(HERITAGE LAKE)
# 174300 Q 10032.5
AMENDED JOINT COMMUNITY FACILITIES AGREEMENT
THIS AMENDED JOINT COMMUNITY FACILITIES AGREEMENT (the "Agreement") is
entered into effective as of the I't day of , 2018, by and among ROMOLAND SCHOOL
DISTRICT, a school district organized and existing under the laws and constitution of the State of
California ("School District"), the CITY OF MENIFEE, a California general law city ("City") and
MENIFEE DEVELOPMENT, LLC, a California limited liability company ("Property Owner"). This
Agreement relates to Community Facilities District No. 2004-1 (Heritage Lake) of Romoland School
District" (the "CFD") for the purpose of financing the acquisition of certain City Facilities and certain
fees incurred as a consequence of the development within the CFD to be used by City to construct
facilities to be owned and operated by City from the proceeds of special taxes of, and bonds issued in
one or more series by the CFD.
RECITALS:
A. The School District, Property Owner, County of Riverside ("County") and Riverside
County Service Area No. 84 ("CSA No. 84") entered into a Joint Community Facilities Agreement
dated as of February 1, 2005 (the "County JCFA") with respect to the CFD which provided for the
financing through the CFD of certain public facilities.
B. The City incorporated in 2008 and succeeded to the rights and obligations of the
County and CSA No. 84 with respect to certain public facilities covered by the County JCFA that
would thereafter be owned, operated or maintained by the City. The City, School District and Property
Owner now desire to enter into this Agreement in order to amend and supersede the County JCFA with
respect to the financing through the CFD of (i) certain fees incurred as a consequence of development
within the CFD to be used by City for the construction of various public facilities to be owned and
operated by City as described in Exhibit A hereto, which facilities will benefit the Property in whole
or in part, including certain public facilities to be constructed and owned and operated by City (the
"City Fee Facilities") in lieu of the payment of City Fees (defined below) and (ii) certain public
facilities to be constructed by or on behalf of Property Owner and ultimately owned and operated by
the City ("Acquisition Facilities"). The City Fee Facilities and Acquisition Facilities are collectively
referred to herein as the "City Facilities."
C. Property Owner has yet to determine whether it will finance any or all of the City
Facilities with Bond Proceeds (defined below) that are available for such purpose. The Parties (defined
below) hereto acknowledge that the purpose of this Agreement is to satisfy the requirements of the Act
(defined below).
D. In conjunction with the issuance of building permits for the construction of homes
within the Property and/or receipt of final inspections or occupancy certificates for such homes,
Property Owner, or its successors or assigns, may elect to advance City Fee Facilities costs in lieu of
payment of City Fees (the "Advances") at such times as Bond Proceeds are not available in a sufficient
amount to pay for City Fee Facilities. In such case, the Property Owner shall be entitled to
(i) reimbursement of such Advances and (ii) credit for payments made to City from Bond Proceeds
against City Fees which would otherwise be due to City in conjunction with the development of the
Property, all as further described herein.
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E. In addition to the City Facilities, certain facilities to be owned and operated by School
District (the "School Facilities") and certain facilities to be owned and operated by Eastern Municipal
Water District ("BMWD Facilities") are also expected to be funded from Bond Proceeds.
F. School District will have sole discretion and responsibility for the formation and
administration of the CFD.
G. School District is authorized by Section 53313.5 of the Act to assist in the financing of
the acquisition and/or construction of the City Facilities. This Agreement constitutes a joint
community facilities agreement, within the meaning of Section 53316.2 of the Act, by and among City,
Property Owner, and School District, pursuant to which the CFD will be authorized to finance the
acquisition and/or construction of all or a portion of the City Facilities. As authorized by
Section 53316.6 of the Act, responsibility for constructing, providing for, and operating the City
Facilities is delegated to City.
I. The Parties hereto find and determine that the residents residing within the boundaries
of City, School District, and the CFD will be benefited by the construction and/or acquisition of the
School Facilities and City Facilities and that this Agreement is beneficial to the interests of such
residents.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein,
the Parties hereto agree as follows:
Recitals. Each of the above recitals is incorporated herein and is true and
correct.
2. Definitions. Unless the context clearly otherwise requires, the terms defined
in this Section shall, for all purposes of this Agreement, have the meanings herein specified.
(a) "Acquisition Facility or Facilities" means those facilities described as
such in Exhibit B hereto, which are eligible to be constructed by or on behalf of Property Owner,
acquired by and paid for with Bond Proceeds.
(b) "Acquisition Price" means the amount to be paid out of Bond Proceeds
for an Acquisition Facility.
(c) "Act" means the Mello -Roos Community Facilities Act of 1982,
Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California
Government Code.
(d) "Actual Costs" with respect to an Acquisition Facility includes: (i) the
actual hard construction costs including labor, materials and equipment costs; (ii) the costs incurred in
design, engineering and preparation of plans and specifications; (iii) the fees paid to consultants and
government agencies in connection with and for obtaining permits, licenses or other required
governmental approvals; (iv) construction management fee of 5% of the costs described in clause (i)
above; (v) professional costs such as engineering, legal, accounting, inspection, construction staking,
_ — materials testing -and. -similar -professional services; (vi)_costs of payment, performance of maintenance -
bonds, and insurance costs (including the costs of any title insurance); and (vii) the value of any real
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property or interests therein that (1) are required for the construction of the Acquisition Facility such
as temporary construction easements, haul roads, etc., and (2) are required to be conveyed with such
Acquisition Facility in an amount equal to the fair market value of such real property or interests
therein.
(e) "Advance" means an amount advanced by a property owner to City for
City Fee Facilities in lieu of payment of City Fees prior to the availability of sufficient Bond Proceeds.
(f) "Bonds" shall mean those bonds, or other securities, issued by, or on
behalf of, the CFD in one or more series for each Improvement Area, as authorized by the qualified
electors within each Improvement Area.
(g) "Bond Proceeds" shall mean those funds generated by the sale of each
series of Bonds secured by the Special Taxes, net of costs of issuance, reserve fund, capitalized interest
and administrative expenses.
(h) "Bond Resolution" means that resolution, resolution supplement, fiscal
agent agreement, indenture of trust or other equivalent document(s) providing for the issuance of the
Bonds.
(i) "City Fees" means fees for those capital improvements authorized to
be financed with City development impact fees ("DIF"), and all components thereof, imposed by City
as a consequence of development of any portion of the Property to finance City Facilities, as further
described in Exhibit A hereto.
0) "City Fee Facilities" means those City capital improvements eligible to
be financed with City Fees.
(k) "City Facilities Account" means the fund, account or sub -account of
the CFD (regardless of its actual designation within the Bond Resolution) into which a portion of the
Bond Proceeds may be deposited in accordance with the Bond Resolution to finance City Facilities.
(1) "Disbursement Request" means a request for payment to the City
relating to City Facilities substantially in the form attached hereto as Exhibit C-1 for City Fee Facilities
and Exhibit C-2 for Acquisition Facilities.
(m) "City Engineer" means the engineering firm or in-house personnel used
by City to determine the value of an Acquisition Facility to be acquired with Bond Proceeds.
(n) "City Representative" means the City Engineer or his designee.
(o) "Field Engineer" shall have the meaning ascribed to the term in Section
7(a)(1) of this Agreement.
(p) "Improvement Area" means any designated improvement area within
the CFD.
(q) "Mitigation Agreement" means the Amended and Restated School
Impact Mitigation and Public Facilities Funding Agreement by and among School District, the CFD
and Property Owner, et al., as it may be amended from time to time.
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(r) "Party" or "Parties" shall mean any or all of the parties to this
Agreement.
(s) "Plans and Specifications" shall mean the plans and specifications for
the design and construction of an Acquisition Facility as approved by City, which approval shall not
be unreasonably withheld.
(t) "Property" means the real property within the CFD.
(u) "Rate and Method" means the Rate and Method of Apportionment of
the Special Tax authorizing the levy and collection of special taxes within an Improvement Area
pursuant to proceedings undertaken for the formation of the CFD pursuant to the Act.
(v) "Reimbursement Invoice" means an invoice for reimbursement to the
Property Owner or its written designee for prior Advances.
(w) "School Facilities" means those public improvements to be owned,
operated, or maintained by School District identified in proceedings to form the CFD that are eligible
to be financed with Bond Proceeds.
(x) "Special Taxes" means the special taxes authorized to be levied and
collected within an Improvement Area pursuant to the Rate and Method.
(y) "State" means the State of California.
(z) "Substantially Complete" or "Substantial Completion" with respect to
an Acquisition Facility means that such Acquisition Facility is substantially complete in accordance
with its Plans and Specifications and is available for use by the public for its intended purpose,
notwithstanding any final "punch list" items still required to be completed, unless such items are
required for the safe operation of such Acquisition Facility, and shall be based upon approval of City's
inspectors, which shall not be unreasonably withheld.
3. Administration of the CFD. School District will retain the necessary
consultants to administer the CFD.
4. Sale of Bonds and Use of Bond Proceeds. The Board of Trustees of School
District acting as the legislative body of the CFD may, in its sole discretion and in accordance with the
Mitigation Agreement, finance City Facilities by issuing the Bonds. To the extent that the CFD and
Property Owner determine that Bond Proceeds are available to finance City Facilities, School District
shall notify City of the amount of such Bond Proceeds deposited in the City Facilities Account. It is
currently anticipated that sufficient Bond Proceeds will be available to fund all City Fee Facilities. As
Bond Proceeds are transferred to City for City Fee Facilities as described in Section 5 below, Property
Owner shall receive a credit in the amount transferred against the payment of City Fees. Nothing
herein shall supersede the obligation of Property Owner to make Advances or otherwise pay City Fees
to City when due. One of the purposes of this Agreement is to provide a mechanism by which the
CFD may issue the Bonds to provide a source of funds to finance City Fee Facilities in lieu of the
payment of City Fees. In the event that Bond Proceeds are not available or sufficient to satisfy the
obligation, then the Property Owner shall remain obligated to make Advances or otherwise pay City
- Fees -to -City -as -required by -City in accordance with applicable law.
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The Bonds shall be issued only if, in its sole discretion, the Board of Trustees of School District
determines that all requirements of State and Federal law and all School District policies have been
satisfied or have been waived by School District. Nothing in this Agreement shall confer upon City or
any owner of the Property, including Property Owner, a right to compel the issuance of the Bonds or
the disbursement of Bond Proceeds to fund City Facilities except in accordance with the terms of this
Agreement and the Mitigation Agreement.
Disbursements.
(a) Upon the funding of a City Facilities Account, Property Owner and
City may execute and submit a Reimbursement Invoice in substantially the form attached hereto as
Exhibit D to School District or the CFD requesting disbursement to the Property Owner, or its written
designee, from the City Facilities Account of an amount equal to all or a portion of the prior Advances.
The sole source of funds from which Property Owner will be entitled to receive reimbursement of the
Advances and from which the Property Owner may request disbursements pursuant to Section 5(b)
below shall be Bond Proceeds deposited in a City Facilities Account. Advances made with respect to
any development within the CFD prior to and following the date of this Agreement shall create a
limited reimbursement obligation of the City to Property Owner payable solely from and only to the
extent of the Bond Proceeds of the CFD that are deposited in a City Facilities Account. At Property
Owner's request from time to time, City agrees to execute a CFD Reimbursement Invoice in the form
attached hereto as Exhibit D (the "Reimbursement Invoice") evidencing a specific amount of Advances
to be reimbursed. Property Owner acknowledges that payment of the Reimbursement Invoices is
completely and exclusively dependent upon the issuance of bonds of the CFD and such issuance lies
entirely within the control of the School District and the CFD. If such bonds are not issued, Property
Owner shall have no recourse of any kind against the City. Property Owner agrees to pay any and all
costs of the City that are incurred pursuant to the JCFA and this Agreement. Under no circumstances
shall the City or its attorney be required to provide any representation or opinion with respect to the
tax-exempt status of bonds issued by the CFD.
(b) From time to time following the funding of one or more City Facilities
Accounts, Property Owner may notify City in writing and City and the Property Owner shall jointly
request a disbursement from a City Facilities Account to fund City Fee Facilities by executing and
submitting a Disbursement Request, in substantially the form attached hereto as Exhibit C-1. Upon
receipt of such Disbursement Request completed in accordance with the terms of this Agreement, the
CFD shall wire transfer or otherwise pay to City such requested funds to the extent that Bond Proceeds
are then available, or subsequently become available, in the City Facilities Account for such purpose.
Upon such notice and City's receipt of such disbursement relating to City Fees, the Property Owner
shall be deemed to have satisfied the applicable City Fees with respect to the number of dwelling units
or lots within the CFD for which City Fees would otherwise have been required in an amount equal to
the amount of such disbursement divided by the per lot or unit amount of the applicable City Fees.
(c) City agrees that prior to submitting a Disbursement Request requesting
payment from the CFD it shall review and approve all costs included in its request and will have already
paid or incurred such costs of City Fee Facilities from its own funds subsequent to the date of this
Agreement, or will disburse such amounts to pay the costs of the City Fee Facilities following receipt
of funds from the CFD. In the event that City does not disburse any Bond Proceeds received by it to
third parties within five banking days of receipt, it will trace and report to the CFD all earnings, if any,
- - earned by-C-ity—from-the-date-of receipt -of -such Bond Proceeds by City to the date of expenditure-by-
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City for capital costs of the City Fee Facilities. Such report shall be delivered at least semiannually
until all Bond Proceeds are expended by City. City agrees that in processing the above disbursements
it will comply with all legal requirements for the expenditure of Bond Proceeds under the Internal
Revenue Code of 1986 and any amendments thereto.
(d) City agrees to maintain adequate internal controls over its payment
function and to maintain accounting records in accordance with generally accepted accounting
procedures. City will, upon request, provide School District and/or the Property Owner with access to
City's records related to the City Fee Facilities and will provide to School District its annual financial
report certified by an independent certified public accountant for purposes of assisting School District
in calculating the arbitrage rebate obligation of the CFD, if any.
(e) School District or the CFD agrees to maintain full and accurate records
of all amounts, and investment earnings, if any, expended from each City Facilities Account. School
District or the CFD will, upon request, provide City and the Property Owner with access to School
District's or the CFD's records related to each City Facilities Account.
6. Ownership of City Fee Facilities. The City Fee Facilities shall be and remain
the property of City.
7. Acquisition Facilities. The following provisions of this Section 7 shall apply
solely with respect to those Acquisition Facilities to be constructed by Property Owner and acquired
by City with Bond Proceeds.
(a) Construction and Acquisition of Acquisition Facilities.
(i) The Property Owner will complete the Plans and Specifications
for such Acquisition Facilities. The Plans and Specifications shall include City's standard
specifications and shall be subject to City approval, which shall not be unreasonably withheld. City
agrees to process any Plans and Specifications for approval with reasonable diligence and in a timely
manner. The Property Owner may proceed with the construction of any such Acquisition Facilities in
accordance with the provisions of Section 7(b) hereof. A qualified engineering firm ("Field Engineer")
shall be employed by Property Owner to provide all field engineering surveys determined to be
necessary by the City inspection personnel. Field Engineer shall promptly furnish to City a complete
set of grade sheets listing all locations, offsets, etc., in accordance with good engineering practices,
and attendant data and reports resulting from the Field Engineer's engineering surveys and/or proposed
facility design changes. City shall have the right, but not the obligation, to review, evaluate and analyze
whether such results comply with applicable specifications.
(ii) A full-time soils testing firm, approved by City, shall be
employed by Property Owner to conduct soil compaction testing and certification. Property Owner
shall promptly furnish results of all such compaction testing to City for its review, evaluation and
decision as to compliance with applicable specifications. In the event the compaction is not in
accordance or compliance with applicable specifications, Property Owner shall be fully liable and
responsible therefore. A final report shall be required fully certifying trench compaction efforts prior
to acceptance of each of the Acquisition Facilities.
(iii) The cost of all surveying, compaction testing and report costs
—associated—with—such Acquisition Facilities furnished and constructed by any contractors—or-
4174300 v2 10032.5 6
sub -contractors (collectively, "Contractors") shall be included among the costs which are eligible to
be paid from the City Facilities Account.
(iv) City shall not be responsible for conducting any environmental,
archaeological, biological, or cultural studies or any mitigation requirements related to the Acquisition
Facilities to be constructed by Property Owner that may be requested by appropriate Federal, State,
and/or local agencies. Any such work shall be paid for and such work shall be conducted by, or on
behalf of Property Owner and the costs of such work shall be eligible to be paid from the City Facilities
Account.
(b) Public Works Requirements. In order to insure that the Acquisition
Facilities to be constructed by Property Owner and acquired with Bond Proceeds will be constructed
as if they had been constructed under the direction and supervision, or under the authority, of City, so
that they may be acquired by the City pursuant to Government Code Section 53313.5, the Property
Owner shall comply with all of the following requirements:
(i) The Property Owner shall obtain a minimum of three (3) bids
from firms reasonably determined to be qualified to construct the Acquisition Facilities in conformance
with the Plans and Specifications.
(ii) Property Owner shall make arrangements with City to schedule
the bid opening, which is to be held at City offices, conducted by Property Owner and witnessed by
City staff.
(iii) The contract or contracts for the construction of such
Acquisition Facilities shall be awarded to the responsible bidder(s) submitting the lowest responsive
bid(s) for the construction of such Acquisition Facilities.
(iv) The Property Owner shall require, and the specifications and
bid and contract documents shall require all such Contractors to pay prevailing wages and to otherwise
comply with applicable provisions of the State Labor Code, Government Code and Public Contract
Code relating to public works projects to the extent expressly applicable to a non -governmental entity
constructing infrastructure to be acquired by a public entity.
(v) Said Contractors shall be required to furnish labor and material
payment bonds and contract performance bonds in an amount equal to 100 percent of the contract price
naming the Property Owner and the City as obligees and issued by insurance or surety companies
approved by the City. All such bonds shall be in a form approved by the City Representative. Rather
than requiring its Contractors to provide such bonds, the Property Owner may elect to provide the same
for the benefit of its Contractors.
(vi) All such Contractors shall be required to provide proof of
insurance coverage throughout the term of the construction of such Acquisition Facilities which they
will construct in conformance with the approved Plans and Specifications.
(vii) The Property Owner and all such Contractors shall comply with
such other requirements relating to the construction of such Acquisition Facilities which the City may
impose by written notification delivered to the Property Owner and each such Contractor at any time
either- prior -to -the -receipt of -bids by the -Property Owner for the construction of such Acquisition
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Facilities or, to the extent required as a result of changes in applicable laws, during the progress of
construction thereof. In accordance with this Section 7(b), the Property Owner shall be deemed the
awarding body and shall be solely responsible for compliance and enforcement of the provisions of the
State Labor Code, Government Code, and Public Contract Code to the extent expressly applicable to
a nongovernmental entity constructing infrastructure to be acquired by a public entity.
(viii) The Property Owner shall provide proof to the City, at such
intervals and in such form as the City Representative may require that the foregoing requirements have
been satisfied as to all of the Acquisition Facilities constructed by Property Owner, acquired by City
and paid for with Bond Proceeds.
(c) Inspection, Completion of Construction.
(i) City shall have primary responsibility for providing inspection
of the construction of the Acquisition Facilities constructed by Property Owner to insure that the
construction is accomplished in accordance with the Plans and Specifications. City's personnel shall
have access to the site of the work at all reasonable times for the purpose of accomplishing such
inspection. Upon Substantial Completion of the construction of such Acquisition Facilities by Property
Owner, the Property Owner shall notify the City in writing that the construction of such Acquisition
Facilities has been Substantially Completed.
(ii) Upon receiving such written notification from the Property
Owner, and upon receipt of written notification from its inspectors that construction of any of the
Acquisition Facilities by Property Owner has been Substantially Completed, the City shall within 15
days notify the Property Owner in writing that the construction of such Acquisition Facilities has been
satisfactorily completed. Upon receiving such notification, the Property Owner shall forthwith file
with the County Recorder of the County of Riverside a Notice of Completion pursuant to the provisions
of Section 3093 of the Civil Code. The Property Owner shall furnish to the City a duplicate copy of
each such Notice of Completion showing thereon the date of filing with the County Recorder. Any
actual costs reasonably incurred by the City in inspecting and approving the construction of any
Acquisition Facilities by Property Owner not previously paid by the Property Owner shall be eligible
to be reimbursed from the City Facilities Account of the Improvement Fund or paid directly by
Property Owner.
(d) Liens. Upon the expiration of the time for the recording of claim of
liens as prescribed by Sections 3115 and 3116 of the Civil Code, the Property Owner shall provide to
the City such evidence or proof as the City shall require that all persons, firms and corporations
supplying work, labor, materials, supplies and equipment on behalf of Property Owner for the
construction of any Acquisition Facilities have been paid, and that no claims of liens have been
recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration of
the said time for the recording of claims of liens, the Property Owner may elect to provide to the City
a title insurance policy or other security acceptable to the City guaranteeing that no such claims of liens
will be recorded or become a lien upon the Property with priority over the lien of the special taxes to
be levied thereon in the proceedings for the formation of the CFD.
(e) Acquisition. Acquisition Price: Source of Funds.
(i) Provided the Property Owner has complied with the
requirements of this Agreement, City agrees to acquire the Acquisition Facilities from the Property
4174300 v2 10032.5
Owner. Notwithstanding the above, nothing herein shall be construed as requiring Property Owner to
construct and deliver any Acquisition Facility. The price to be paid by the CFD for the acquisition of
such Acquisition Facilities by City ("Acquisition Price") shall be the lesser of (i) the value of the
Acquisition Facilities or (ii) the total of the Actual Costs of the Acquisition Facilities. The Property
Owner shall transfer ownership of the Acquisition Facilities to the City by grant deed, bill of sale or
such other documentation as the City may require. Upon the transfer of ownership of the Acquisition
Facilities or any portion thereof from the Property Owner to City, City shall be responsible for the
maintenance of the Acquisition Facilities or the portion transferred.
(ii) For purposes of determining the Acquisition Price to be paid
by the CFD for the acquisition of the Acquisition Facilities by City, the value of such improvements
shall be the amount determined by the City Engineer to be the value of the Acquisition Facilities based
on the Actual Costs submitted by the Property Owner, as hereinbefore specified; provided, however,
that if the City Engineer determines that such Actual Costs, or any of them, are excessive and that the
value of the Acquisition Facilities is less than the total amount of such Actual Costs, the Acquisition
Price to be paid by the CFD for the acquisition of the Acquisition Facilities shall be the value thereof
as determined by the City Engineer.
(iii) Upon completion of the construction of any Acquisition
Facilities by Property Owner, the Property Owner shall deliver to City copies of the contract(s) with
the Contractor(s) who have constructed the Acquisition Facilities or other relevant documentation with
regard to the payments made to such Contractor(s) and each of them for the construction of such
Acquisition Facilities, and shall also provide to City copies of all invoices and purchase orders with
respect to all supplies and materials purchased for the construction of such Acquisition Facilities. City
shall require the City Engineer to complete its determination of the value of the Acquisition Facilities
as promptly as is reasonably possible.
(iv) To the extent funds are available therein, the Acquisition Price
of any Acquisition Facilities may be determined and paid out of the City Facilities Account of the
Improvement Fund upon a determination of Substantial Completion of such Acquisition Facility.
Property Owner shall submit a payment request form to the School District or the CFD in substantially
the form attached hereto as Exhibit "C-2" which must also contain therewith approval of City, which
approval shall not be unreasonably withheld.
(v) Notwithstanding the preceding provisions of this section, the
sole source of funds for the acquisition by City of the Acquisition Facilities or any portion thereof shall
be the Bond Proceeds made available by the CFD pursuant to Section 4 above. If for any reason
beyond City's control, the proceedings for the formation of the CFD are not completed or the Bonds
are not sold, City shall not be required to acquire any Acquisition Facilities from the Property Owner.
In such event, Property Owner shall complete the design and construction and offer to the City
ownership of such portions of Acquisition Facilities as are required to be constructed by the Property
Owner as a condition to recordation of subdivision maps for the Property or any other agreement
between Property Owner and City, but need not construct any portion of the Acquisition Facilities
which it is not so required to construct.
(f) Easements. The Property Owner shall, at the time City acquires the
Acquisition Facilities as provided in Section 7(e) hereof, grant to City, by appropriate instruments
prescribed by City, all easements on private property which may be reasonably necessary for the proper
operation and maintenance of such Acquisition Facilities, or any part thereof.
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(g) Maintenance. Prior to the transfer of ownership of an Acquisition
Facility by the Property Owner to City, as provided in Section 7(e) hereof, the Property Owner shall
be responsible for the maintenance thereof and shall maintain and transfer such Acquisition Facility to
City in as good condition as the Acquisition Facility was in at the time the Property Owner notified the
City that construction of same had been completed in accordance with the Plans and Specifications.
(h) Responsibility for Acquisition Facilities. The Parties acknowledge and
agree that all responsibility and obligation for the design, construction and dedication of such
Acquisition Facilities to City, in accordance with all applicable statutes and the City Rules and
Regulations, shall be and remain the responsibility of the Property Owner. The Parties also
acknowledge and agree that the construction and acquisition of the Acquisition Facilities to be
constructed by Property Owner is a matter between the Property Owner and City only, and that the
School District and the CFD shall have no responsibility or liability for on -site inspection or monitoring
or for certifying that the provisions of this Section 7 be satisfied.
8. Indemnification.
(a) Indemnification by School District. School District shall assume the
defense of, indemnify and save harmless, City, its officers, employees, and agents, and each and every
one of them, from and against all actions, damages, claims, losses, or expenses of every type and
description to which they may be subjected or put, by reason of, or resulting from, any act or omission
of School District with respect to this Agreement and the issuance of the Bonds; provided, however,
that School District shall not be required to indemnify any person or entity as to damages resulting
from negligence or willful misconduct of such person or entity, their officers, agents, or employees or
any other party to this Agreement.
(b) Indemnification by Property Owner. Property Owner shall assume the
defense of, indemnify and save harmless, School District, the CFD, and City, their respective officers,
employees, and agents, and each and every one of them, from and against all actions, damages, claims,
losses, or expenses of every type and description to which they may be subjected or put, by reason of,
or resulting from, any act or omission of the Property Owner with respect to this Agreement; provided,
however, that Property Owner shall not be required to indemnify any person or entity as to damages
resulting from negligence or willful misconduct of such person or entity, their officers, agents, or
employees or any other party to this Agreement.
(c) Indemnification by City. City shall assume the defense of, indemnify
and save harmless, School District, the CFD, and Property Owner, their respective officers, employees,
and agents, and each and every one of them, from and against all actions, damages, claims, losses, or
expenses of every type and description to which they may be subjected or put, by reason of, or resulting
from, any act or omission of City with respect to this Agreement, and the design, engineering, and
construction of the City Fee Facilities constructed by City; provided, however, that City shall not be
required to indemnify any person or entity as to damages resulting from negligence or willful
misconduct of such person or entity, their officers, agents, or employees or any other party to this
Agreement.
9. Allocation of Special Taxes. The Board of Trustees of School District, as the
legislative body of the CFD, shall annually levy the Special Tax in each Improvement Area as provided
for in the formation proceedings of the CFD. The entire amount of any Special Tax levied by the CFD
to repay Bonds, or to fund other —obligations, shall be allocated to the CFD.
# 174300 v2 10032.5 10
10. Amendment and Assignment. This Agreement may be amended at any time
but only in writing signed by each Party hereto. This Agreement may be assigned, in whole or in part,
by Property Owner to the purchaser of any parcel of land within the Property provided, however, such
assignment shall not be effective unless and until City and School District have been notified, in
writing, of such assignment.
11. Entire Agreement. This Agreement contains the entire agreement between the
Parties with respect to the matters provided for herein and supersedes all prior agreements and
negotiations between the Parties with respect to the subject matter of this Agreement.
12. Notices. Any notice, payment, or instrument required or permitted by this
Agreement to be given or delivered to either Party shall be deemed to have been received when
personally delivered or seventy two hours following deposit of the same in any United States Post
Office in California, registered or certified, postage prepaid, addressed as follows:
School District: Romoland School District
25900 Leon Road
Homeland, CA 92548
Attn: Director of Finance
City: City of Menifee
29714 Haim Road
Menifee, CA 92586
Attn: City Clerk
Property Owner: Menifee Development, LLC
c/o Lennar Homes
980 Montecito Drive, Suite 300
Corona, CA 92879
Attention: Geoffrey Smith
With a copy to: John P. Yeager
O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
Each Party may change its address for delivery of notice by delivering written notice of such
change of address to the other Parties hereto.
13. Exhibits. All exhibits attached hereto are incorporated into this Agreement by
reference.
14. Attorneys' Fees. In the event of the bringing of any action or suit by any Party
against any other Party arising out of this Agreement, the Party in whose favor final judgment shall be
entered shall be entitled to recover from the losing Party all costs and expenses of suit, including
reasonable attorneys' fees.
# 174300 v2 10032.5 11
15. Severability. If any part of this Agreement is held to be illegal or unenforceable
by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest
extent reasonably possible.
16. Governing Law. This Agreement and any dispute arising hereunder shall be
governed by and interpreted in accordance with the laws of the State of California.
17. Waiver. Failure by a Party to insist upon the strict performance of any of the
provisions of this Agreement by any other Party hereto, or the failure by a Party to exercise its rights
upon the default of any other Party, shall not constitute a waiver of such Party's right to insist and
demand strict compliance by such other Party with the terms of this Agreement thereafter.
18. No Third Party Beneficiaries. No person or entity other than the CFD, when
and if formed, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement
(either express or implied) is intended to confer upon any person or entity, other than City, School
District, the CFD, and Property Owner (and their respective successors and assigns, exclusive of
individual homebuyers), any rights, remedies, obligations, or liabilities under or by reason of this
Agreement.
19. Singular and Plural: Gender. As used herein, the singular of any word includes
the plural, and terms in the masculine gender shall include the feminine.
20. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which shall constitute but one instrument.
[SIGNATURE PAGES FOLLOW]
4174300 v2 10032.5 12
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year
written above.
ROMOLAND SCHOOL DISTRICT
B G'
res ent, Board of Directors
ATTEST:
i
By:
Secretary, Board of i ectors
# 174300 v2 10032.5 S- I
ATTEST:
ME
ManwaVing, City
CITY OF MENIFEE
By: y
Bill Zimmerrr , �a or
APPRO S TO FORM:
By:
MENIFEE DEVELOPMENT, LLC,
a California limited liabJty company
IN
Name:
Title:
# 174300 v2 10032.5 S-2
„�ALIFORNIIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Californ / �{
County ofiV�Q�
On �y* 9J�
dX ! (( I�
�IU before me,
Date r 0. Nere Insert Name and Title of 1he Officer
personally appeared
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persona) whose nameXis/subscribed
to the within instrument and acknowledged to me that he/7S they executed the same in his/ r/t�r
authorized capacity(it), and that b his/h�/twir signatureon the instrument the perso� or the entity
upon behalf of which the personXacted, executed the instrument.
*My
JODIEATHA
NotaryPublic-California z
Riverside CountyCommission k 2230896
Comm. Expires Feb 1 1, 2022
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ignature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to, an unintended document.
Description of Attached Document
Title or Type of Document::
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑. Trustee ❑ Guardian of Conservator.
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer.— Title(s):
❑ Partner—. ❑ Limited. ❑ General
o Individual ❑ Attorney in Fact
El Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
s?. :.'%rs ti �f%. :,::itz-t..::b .;.�S:Y::i.�. -r..^L.ka=e'�.}:£•:'.'�:s�.: .�^.�rvT'£'Tl.•e'bk';�-.•`id .'a� c
02017•nal Notary Association
EXHIBIT A
CITY FEES
The type of City Fee Facilities eligible to be financed by the CFD under the Act are the capital
improvements authorized to be financed with the City development impact fees ("DIF") imposed by
City. The amount of the DIFs as of the date of this Agreement are as follows:
Fees Effective As of July 1, 2018
Residential Fee per Dwelling Unit
DIF Description()
Single Family Unit
Law Enforcement
$231
Fire
$614
Circulation
$4,670
Storm Drainage
$2,286
Animal Shelter
$148
General Government
$1,021
Public Use Facilities
$154
Parks -Land Acquisition
$215
Parks- Improvements
$661
Library Facilities
$ 66
Total DIF
$10,066
Fiscal Impact Fee(a) Single Family Unit
PA 41 $14,045.50
Notes:
(a) The amount of each DIF is subject to change based on City Ordinance; provided, however, the PA 41
Fiscal Impact Fee shall not exceed $14,045.50 per dwelling unit and shall only apply to residential
dwelling units that are constructed within PA 41 pursuant to all necessary City approvals.
# 174300 v2 10032.5 A-1
EXHIBIT B
FACILITIES
Community Facilities District No. 2004-1
of Romoland School District (Heritage Lake)
The Acquisition Facilities consist of the improvements described below. The description of
the Acquisition Facilities is preliminary. The final location, scope, nature and specification, of
the Acquisition Facilities shall be determined by reference to the final County or
City -approved improvement plans for each Acquisition Facility. The Property Owner reserves
the right to determine whether it will seek reimbursement from Bond proceeds for any of the
Acquisition Facilities. Should it elect not to seek reimbursement, the Developer will not be bound
by the terms of Section 7 of this Agreement.
IMPROVEMENT AREA No. 1
STREET IMPROVEMENTS:
Facility
Description
(Stationing is approximate and subject to change)
1-1
Heritage Lake Drive West - Full Lift, From Sta. 8+63.60 to Sta.
79+70.04; Menifee Loop North to 135.93' East of Lindenberger.
Limits: Approximately 7,100 lineal feet of full width street and intersection
improvements, including, but not limited to, fine grading, aggregate base,
asphalt, curbs, gutters, sidewalks, street lights, street signage, fog seal
and striping.
1-2
McCall Blvd. - Full Lift, From Sta. 10+53.00 to Sta. 34+98.58; Menifee
Road to 1,205' East of Heritage Drive West.
Limits: Approximately 2,445 lineal feet of full width street and intersection
improvements, including, but not limited to, fine grading, aggregate base,
asphalt, curbs, gutters, sidewalks, street lights, street signage, fog seal and
striping.
1-3
Heritage Lake Drive North - Full Lift, From Sta. 10+89.53 to Sta. 35+54.00;
enifee Road to 931' East of Heritage Lake Drive West.
Limits: Approximately 2,465 lineal feet of full width street and intersection
improvements, including, but not limited to, fine grading, aggregate base,
asphalt, curbs, gutters, sidewalk, street signage, street lights, fog seal and
striping.
# 174300 Q 10032.5 B-1
1-4
Lindenberger Road - Full Lift, From Sta. 3+80.59 to Sta.17+39.77; Heritage
Lake Drive West to 619' South of Simpson Centerline.
Limits: Approximately 705 lineal feet of full width street and intersection
improvements, including but not limited to, fine grading, aggregate base,
asphalt, curbs, gutters, sidewalks, street lights, street signage, fog seal and
striping.
1-5
Menifee Road North of Simpson - Full Lift, From Sta. 97+06.09 to Sta.166+00.00;
Simpson Road to 280' North of Menifee Loop North.
Limits: Approximately 3,804 lineal feet of half width street and intersection
improvements, including but not limited to, fine grading, aggregate base,
asphalt, curbs gutters, sidewalk, sawcut, join, removal of existing
improvements, traffic control, temp AC, grading, street lights, street signage,
fog seal and striping.
1-6
Simpson Road - Full Lift, From Sta.10+88.35 to Sta. 43+97.70; Menifee Road to
752' Past Lindenberger Road.
Limits: Approximately 3,309 lineal feet of half width street and intersection
improvements, including but not limited to, fine grading, aggregate
base, asphalt, curbs gutters, sidewalk, sawcut, join, removal of existing
AC and improvements, street lights, traffic control, street signage, fog seal
and striping.
1-7
Signalization Menifee Road and McCall Blvd. - 4-Way
1-8
Signalization Menifee Road and Simpson Road - 2-Way
1-9
Signalization Simpson Road and Lindenberger Road - 4-Way
1-8
Signalization McCall Blvd. and Heritage Lake Drive West - 4-Way
# 174300 v2 10032.5 B-2
STORM DRAIN IMPROVEMENTS IDENTIFIED TO BE OWNED AND
MAINTAINED BY THE COUNTY OR CITY ON THE APPROVED DRAINAGE PLANS:
Facility
Description
Stationing is approximate and subject to change)
1-11
Heritage Lake Drive West - From Sta. 8+63.60 to Sta. 79+70.04; Heritage Lake
Drive North to 135.93' East of Lindenberger. Includes Storm Drain Lines
"A-2," "A-2a," "A-2b," "B-4," "B-5," "B-6," "C," "C-2," "C-3," "C-4,"
"D-4," "D-4a," and "D-5"
Limits: Storm Drainage Facilities, including but not limited to grading, pipe,
manholes, junction structures, catch basins, and inlet/outlets.
1-12
McCall Blvd. - From Sta. 00+93.46 to Sta. 13+70.72; Menifee Road to 1,205'
East of Heritage Lake Drive West. Includes Storm Drain Lines "A-6" (Sta.
1+06.46 to Sta. 15+21.90), "A-6a," "A-6b," "A-6c," "A-3a", "A-3b," "A-
3c," "B-2," "B-3"
Limits: Storm Drainage Facilities, including but not limited to grading, pipe,
manholes, junction structures, catch basins and inlet/outlets.
1-13
Heritage Lake Drive North - From Sta. 10+89.53 to Sta. 35+54.00; Menifee
Road to 931' East of Heritage Lake Drive West. Includes Storm Drain
Lines "A-4," "A-4a," "A-4b," "A-6" (Sta. 28+25.84 to Sta. 28+62.77), "A-
6e," and "A-6f
Limits: Storm Drainage Facilities, including but not limited to grading, pipe,
manholes, junction structures, catch basins and inlet/outlets.
1-14
Lindenberger Road - From Sta. 3+80.59 to Sta. 17+39.77; Heritage Lake
Drive West to 619' South of Simpson Centerline. Includes Storm Drain Lines
"D-1," "D-2," "D-3," and "E-1" C.B. only
Limits: Storm Drainage Facilities, including but not limited to grading, pipe, manholes,
junction structures, catch basins and inlet/outlets.
1-15
Menifee Road North of Simpson - From Sta. 97+06.09 to Sta. 166+00.00;
Simpson Road to 280' North of Heritage Lake Drive North. Includes Storm
Drain Lines "A-6" (Sta. 15+21.90 to Sta. 28+25.24) "A-6d," "I-2," "I-3," "I-4,"
"I-5," "I-6," "M-1," "N-1," "N-la," & "N-lb," "N-lc," "N-ld," and "N-le"
Limits: Storm Drainage Facilities, including but not limited to grading, pipe,
manholes, junction structures, catch basins and inlet/outlets.
4174300 Q 10032.5 B-3
IMPROVEMENT AREA No. 2
STREET IMPROVEMENTS:
Facility I Description
2-1 1 Menifee Road, Full Lift, From McCall to PA 39A, 76' ROW - 1/2 Width L=3905'
Limits: Approximately 3905 lineal feet of 1/2 width street and intersection
improvements, including, but not limited to, fine grading, aggregate base,
asphalt, curbs, gutters, sidewalk, street lights, slurry seal, fog seal, ROW
acquisition, storm drainage and street signage.
2-2 1 Menifee Road and Menifee Loop North - Signal and Lighting Complete 3- Way
STORM DRAIN IMPROVEMENTS IDENTIFIED TO BE OWNED AND MAINTAINED BY THE
COUNTY OR CITY ON THE APPROVED DRAINAGE PLANS:
2-3 Menifee Road, From McCall to PA 39A, 76' ROW -1/2 Width L=3905,
Includes Storm Drain Lines
Limits: Storm Drainage Facilities, including but not limited to grading, pipe,
manholes, junction structures, catch basins and inlet/outlets.
#1743000 10032.5 B-4
IMPROVEMENT AREA No. 3
STREET IMPROVEMENTS:
Facility
Description
3-1
Heritage Lake Drive East - Full Lift — from Lindenberger to PA 348,
W=105', Full Width, L=3061'
Limits: Approximately 3,061 lineal feet of full width street and intersection
improvements, including, but not limited to, fine grading, aggregate base,
asphalt, curbs, gutters, sidewalk, street lights, street signage, traffic
control, fog seal, and striping.
3-2
Grand Avenue - Full Lift, From Heritage Lake Drive East to Briggs
Road, 105' ROW - Full Width-L=1306'
Limits: Approximately 1,306 lineal feet of full width street and intersection
improvements, including, but not limited to, fine grading, aggregate base,
asphalt, curbs, gutters, sidewalk, street lights, street signage, traffic
control, fog seal, and striping.
3-3
Grand Avenue - Full Lift, From Menifee Road to Heritage Lake Drive
West, 105' ROW - Full Width-L=1100'
Limits: Approximately 1,100 lineal feet of full width street and intersection
improvements, including, but not limited to, fine grading, aggregate
base, asphalt, curbs, gutters, sidewalk, street lights, street signage,
traffic control, fog seal, striping and storm drainage.
3-4
Briggs Road - Full Lift - From Simpson to Grand Avenue, 50' ROW -
1/2 Width - L=2650'
Limits: Approximately 2,650 lineal feet of 1/2 width street and intersection
improvements, including but not limited to, fine grading, aggregate base,
asphalt, curbs, gutters, sidewalks, street lights, storm drainage, street
signage, traffic control, fog seal and striping.
#174300 v2 10032.5 B-5
3-5
Simpson Road - Full Lift - From Lindenberger Rd. to Briggs Rd., 50' ROW
- 1/2 Width, L=2628'
Limits: Approximately 2,628 lineal feet of half width street and intersection
improvements, including but not limited to, fine grading, aggregate base,
asphalt, curbs gutters, sidewalk, sawcut, join, removal of existing AC,
street lights, street signage, storm drain lines, traffic control, fog seal,
and striping.
3-6
Menifee Road South of Simpson — Full Lift, From Simpson to Aldergate, 50'
ROW — Half Width — L--1100'
Limits: Approximately 1,100 lineal feet of half width street and intersection
improvements, including, but not limited to, fine grading, aggregate base,
asphalt, curbs, gutters, sidewalk, street lights, street signage, storm
drainage, traffic control and fog seal
Heritage Lake Drive East & Lindenberger Road — Signal and Lighting
3-7
Complete 3-Way
3-8
Simpson & Briggs - Signal and Lighting Complete 3- Way
3-9
Grand Ave. East & Briggs - Signal and Lighting Complete 3- Way
STORM DRAIN IMPROVEMENTS IDENTIFIED TO BE OWNED AND
MAINTAINED BY THE COUNTY OR CITY ON THE APPROVED DRAINAGE
PLANS:
3-14 �Menifee Loop East - From Lindenberger to PA 348, W=105', Full Width,
=3061', Includes Storm Drain Lines
its:. Storm Drainage Facilities, including but not limited to grading, pipe,
manholes, junction structures, catch basins and inlet/outlets.
4174300 v2 10032.5 B-6
IMPROVEMENT AREA No. 4
STREET IMPROVEMENTS:
Facility
Description
4-1
Heritage Lake Drive East - Full Lift - From PA 34B to PA 22A, 105' ROW -
ull Width - L=4650'
Limits: Approximately 4,650 lineal feet of full width street and intersection
improvements, including, but not limited to, fine grading, aggregate base,
asphalt, curbs, gutters, sidewalk, street lights, street signage, traffic
control, fog seal, and striping.
4-2
Briggs Road - Full Lift - From Grand Ave. to PA 39B, 50' ROW - 1/2 Street -
L=2900'
Limits: Approximately 2,900 lineal feet of half width street and intersection
improvements, including but not limited to, fine grading, aggregate
base, asphalt, curbs gutters, sidewalk, sawcut, join, removal of
existing AC, slurry seal, storm drain lines and street lights.
4-3
McCall Blvd. - Full Lift - From PA 27A to Briggs Road, 170' ROW, Full
Width, L=3140', Incudes Storm Drain Lines
Limits: Approximately 3,140 lineal feet of full width street and intersection
improvements, including but not limited to, fine grading, aggregate
base, asphalt, curbs gutters, sidewalk, sawcut, join, removal of
existing AC, slurry seal, storm drain lines and street lights.
4-4
McCall & Menifee Loop East — Signal and Lighting Complete 4- Way
4-5
McCall & Briggs - Signal and Lighting Complete 3-Way
4-6
Planning Area 18 In -Tract Street Improvements
4-7
Planning Area 20 In -Tract Street Improvements
# 174300 v2 10032.5 B-7
4-8 Planning Area 41A/41B In -Tract Street Improvements
4-9 Planning Area 41A/41B In -Tract Storm Drain Improvements
STORM DRAIN IMPROVEMENTS IDENTIFIED TO BE OWNED AND MAINTAINED
BY THE COUNTY OR CITY ON THE APPROVED DRAINAGE PLANS:
Heritage Lake Drive East — From PA 34B to PA 22A, 105' ROW - Full
Width - L=4650', Includes Storm Drain Lines
Limits: Storm Drainage Facilities less than 36", including but not limited to grading,
pipe, manholes, junction structures, catch basins and inlet/outlets.
#174300 Q 10032.5 B-8
EXHIBIT C-1
DISBURSEMENT REQUEST FORM
1. Community Facilities District No.2004-1 (Heritage Lake) of Romoland School
District ("CFD") is hereby requested to pay from Bond Proceeds to the City of Menifee ("City"), as
Payee, the sum set forth in 3 below.
2. The undersigned certifies that the amount requested for City Fee Facilities is due and
payable, has not formed the basis of prior request or payment, and is being made pursuant to the
Amended Joint Community Facilities Agreement by and among Romoland School District, City of
Menifee and Menifee Development, LLC dated as of 1, 2018 (the "JCFA").
3. Amount requested: $
Improvement Area No.
For Tract / Lot Nos:
4. The amount set forth in 3 above is authorized and payable pursuant to the terms of the
JCFA. Capitalized terms not defined herein shall have the meaning set forth in the JCFA.
PROPERTY OWNER
By:
Name:
Title:
CITY OF MENIFEE
By:
Name:
Title:
ATTEST:
Bv:
Clerk of the City
cc: City Finance Dept.
# 174300 v2 10032.5 C-1-1
EXHIBIT C-2
DISBURSEMENT REQUEST FORM (ACQUISITION FACILITIES)
1. Community Facilities District No. 2004-1 (Heritage Lake) of the Romoland School
District ("CFD") is hereby requested to pay from the City Facilities Account established by the CFD
in connection with its special tax bonds (the "Bonds") to [Property Owner], as Payee, the sum set forth
in 3 below.
2. The undersigned certifies that the amount requested hereunder has been expended or
encumbered for costs related to the construction and completion of the Acquisition Facilities. The
amount requested is due and payable and has not formed the basis of prior request or payment. In the
event that City does not disburse any Bond Proceeds received for disbursement to third parties within
five banking days of receipt, City agrees to trace and report to the CFD all earnings, if any, accruing
from the investment of such Bond Proceeds, from the date of receipt by City of such amounts to the
date of expenditure of such amounts for costs of the Acquisition Facilities.
Amount Requested
Attach supporting documentation.
4. The amount set forth in 3 above is authorized and payable pursuant to the terms of the
Amended Joint Community Facilities Agreement, by and among the Romoland School District, City
and Menifee Development, LLC, dated , 2018 (the "Agreement'). Capitalized terms not
defined herein shall have the meaning set forth in the Agreement.
[PROPERTY OWNER]
By:
Name:
Title:
Date:
CITY OF MENIFEE
By:
Name:
Title:
Date:
# 174300 v2 10032.5 C-2-1
EXHIBIT D
CFD REIMBURSEMENT INVOICE
Pursuant to the Amended Joint Community Facilities Agreement entered into as of
, 2018, (the "JCFA") by and among Romoland School District ("School District"),
the City of Menifee ("City") and Menifee Development, LLC, a California limited liability
company ("Property Owner"), the City and Property Owner submit this invoice for reimbursement
to Property Owner from the bonds of School District's CFD No. 2004-1 for the following prior
Advances of City Fees:
Date of Advances I Amount of Advances
By execution hereof, City hereby confirms the date and amount of the Advances described
above and authorizes the School District to reimburse such Advances to Property Owner from the
proceeds of bonds of CFD No. 2004-1.
CITY:
CITY OF MENIFEE, a California municipal
corporation
By:
Name:
Its: City Manager
PROPERTY OWNER:
Menifee Development, LLC,
a California limited liability company
By:
Name:
Its: +
41743000 10032.5 D-1