HomeMy WebLinkAbout2007-10-02; City Council; 19191; College Boulevard & Cannon Road East AssessmentCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
19,191
10/02/07
FIN
ASSESSMENT DISTRICT NO. 2003-01
(COLLEGE BOULEVARD AND
CANNON ROAD EAST)
PUBLIC HEARING, APPROVAL OF THE
FINAL REPORT OF THE ASSESSMENT
ENGINEER, CONFIRMATION OF THE
ASSESSMENTS AND RELATED
ACTIONS
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2007-263 1) approving the final amended and restated report of
the assessment engineer; 2) declaring the results of the assessment ballot tabulation; 3)
confirming the increase in assessments levied within Benefit Area No. 2; 4) approving the
reapportionment and segregation of assessments; and 5) ordering certain changes and
modifications in the improvements authorized to be financed through Assessment District No.
2003-01 (College Boulevard and Cannon Road East).
ITEM EXPLANATION:
On July 15, 2003, the City Council adopted a Resolution stating its intent to form an assessment
district to fund certain public improvements necessary to serve the Calavera Hills II (Benefit
Area 1) and Robertson Ranch East (Benefit Area 2) developments. Then, on September 16,
2003, the City Council conducted the required public hearing, tabulated the results of the
assessment ballots, and adopted a resolution forming the assessment district.
The boundaries of the district generally consist of the area of the Calavera Hills II and the
Robertson Ranch East developments as shown in the Final Engineer's Report (Exhibit 3, Part
V). The improvements to be acquired by the Assessment District bond proceeds as described
in September 2003, included:
• Improvement No. 1 - College Boulevard from the south end of Calavera Hills II
development to Carlsbad Village Drive (Reach C) full width, College Boulevard from
Cannon Road to the south end of Calavera Hills II (Reach B) center lanes, Cannon
Road from El Camino Real to College Boulevard (Reach 3) center lanes and Detention
Basin BJB.
• Improvement No. 2 - College Boulevard from Cannon Road to the south end of the
Calavera Hills development (Reach B) frontage improvements.
• Improvement No. 3 - Cannon Road from El Camino Real to College Boulevard (Reach
3) frontage improvements.
DEPARTMENT CONTACT: Colette Wengenroth 760-602-2430 cweng@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONL Y.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
Dn
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
D
D
D
D
Page 2
In 2004, the City issued the City of Carlsbad Assessment District No. 2003-01 (College
Boulevard and Cannon Road East) Benefit Area No. 1 (Calavera Hills II) Limited Obligation
Improvement Bonds in the principal amount of $11,730,000 secured by the unpaid assessments
levied on the properties within Benefit Area No. 1 of the Assessment District.
On November 14, 2006, the City Council adopted Resolution No. 2006-324 approving the
Robertson Ranch Master Plan (MP 02-03). As a condition of approval, the developer is
required to construct an 84" diameter storm drain along Cannon Road from the intersection of
Cannon Road and College Boulevard to just east of El Camino Real.
On February 6, 2007, the City Council adopted Resolution No. 2007-024 approving the Second
Amendment to the Acquisition/Financing Agreement for Assessment District No. 2003-01 to
include the 84" Storm Drain as an improvement to the Assessment District 2003-01. Based on
the addition of the 84" Storm Drain, the subdivision of the property within the Assessment
District, as well as changes in construction costs, the City retained Dick Jacobs Associates to
amend and restate the engineer's report originally prepared in June, 2003.
The Final Engineer's Report highlights the amount of the estimated increase in the cost of
Improvements No. 2 and No. 3, the increase and modification of the assessments levied on the
parcels within Benefit Area No. 2 to reflect the special benefit received by proposed
Improvement No. 4, the 84" Storm Drain and the increase in the cost of Improvements No. 2
and 3 allocated to Benefit Area No. 2, as well as the segregation and apportionment of the
assessments originally levied within the Assessment District to reflect the subdivision of the
property within the Assessment District. The Report also highlights that there will be no change
to the current assessments within Benefit Area No. 1.
As a result of this engineer's report, it is recommended that the City Council consider changing
the improvements ordered to be acquired to include the 84" Storm Drain as Improvement No. 4
and increasing the assessments levied on the properties within Benefit Area No. 2 to reflect the
special benefit received from the 84" Storm Drain and the increase in the cost of Improvements
No. 2 and 3 allocated to Benefit Area No. 2. In addition, it is recommended to revise the original
assessments to reflect the further subdivision of the properties within the Assessment District.
There is no change being recommended to the assessments within Benefit Area No. 1
(Calavera Hills II), as the savings generated by the completed improvements are adequate to
absorb Benefit Area No. 1's share of the 84" Storm Drain and the increase in the cost of
Improvements No. 2 and 3 allocated to Benefit Area No. 1.
On April 24, 2007, the City Council adopted Resolution No. 2007-085 setting a public hearing
date for June 19, 2007 to give the public an opportunity to share any concerns regarding the
proposed changes to the Assessment District as well as the proposed segregation and
apportionment of the assessments. On June 19, 2007, the public hearing was continued to
October 2, 2007, pending completion of the final map. The final map for Robertson Ranch East
was approved by the City Council on September 11, 2007 and recorded on September 18,
2007.
An assessment ballot was mailed to the owner of each parcel within Benefit Area No. 2, as it is
proposed to raise the original assessment amount.
Page 3
Since the formation of Assessment District No. 2003-01, the construction of Improvement No. 1
as described above has been completed. Three improvements are remaining to be
constructed:
Improvement No. 2 - College Boulevard, Reach B, Frontage Improvements
Improvement No. 3 - Cannon Road, Reach 3, Frontage Improvements
Improvement No. 4 - 84" Storm Drain Improvements
Details of the estimated costs for these improvements are included in the Final Engineer's
Report (Exhibit 3, Appendix E).
FISCAL IMPACT:
The first series of tax-exempt bonds for Assessment District 2003-01 were issued in 2004
totaling $11,760,000. These bonds were to help fund the acquisition or construction of the
proposed improvements and related costs totaling approximately $23.9 million. The revised
total costs for the proposed improvements are estimated to be $25.4 million. Both amounts
include formation costs, debt issuance costs, and the establishment of a 9% debt service
reserve fund.
At the time when the first series of bonds were issued, it was planned that a second series of
bonds would be issued at a later time associated with the development of the Robertson Ranch
East project. It is anticipated that the second series of bonds will be presented to the City
Council for consideration in early 2008.
The City is not responsible for the funding of the construction of any of the improvements
included in the assessment district. The improvements still to be completed will be constructed
by the developer and acquired by the City after the bonds are sold.
Consistent with City Policy 33, the estimated total amount of taxes, assessments and special
taxes appearing on the property tax bill will not exceed 1.8 percent of the initial sales price, as of
the date of the close of escrow, of any residential dwelling unit to each prospective homeowner.
Additionally, Policy 33 requires that the developer provide full and complete disclosure of the
assessment district to such prospective purchasers.
The bond funds used to acquire the improvements will not include that portion of the costs of
such improvements representing (a) the general benefit to be derived from the arterial
roadways, consisting of the center 2 lanes, and (b) the special benefit attributed to parcels of
land to be owned by public agencies, non-profit organizations, homeowner's associations and
property located outside of the assessment district in Robertson Ranch West which is fronting
on Cannon Road and proposed as a public park and elementary school. The developer will
contribute that portion of such costs representing such general benefit and such special benefit
through a corresponding reduction in the purchase price for the improvements to be acquired.
In Benefit Area No. 2, the annual average assessment per individual single-family homeowner
is estimated to increase from the original estimate of $1,599 to $2,699. There will be no change
to the current assessments in Benefit Area No. 1.
ENVIRONMENTAL IMPACT:
This assessment district has been deemed to be a "project" subject to the requirements of the
California Environmental Quality Act (CEQA) since the levy of assessments and the issuance of
bonds secured by such assessments are committed to a specific project which may result in a
potentially significant physical impact on the environment.
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Page 4
On January 15, 2002, the City Council adopted Resolution No. 2002-016 which certified the
Environmental Impact Report, CEQA findings of fact, statements of overriding considerations,
a mitigation monitoring and reporting program, and approving a general plan amendment,
master plan amendment, Zone 7 Local Facilities Management Plan Amendment, zone change,
master tentative map and hillside development permit within the Calavera Hills Master Plan on
property generally located south of the City of Oceanside and west of Lake Calavera in the
northeast quadrant of the City (Case No. EIR 98-02/GPA, 99-03/MP, 150(H)/LFMP,
87-07(A)/ZC, 01-01/CT, 00-02/HDP 00-02).
In addition, on November 14, 2006, the City Council adopted Resolution No. 2006-324 certifying
the Program Environmental Impact Report (EIR 03-03) and adopting the Candidate Findings of
Fact, Statement of Overriding considerations, Mitigation Monitoring and Reporting Program for
the Robertson Ranch Master Plan. EIR 03-03 as certified by the City Council includes the 84"
Storm Drain which is proposed to be added as an improvement to the Assessment District.
EXHIBITS:
1. Location Map.
2. Resolution No. 2007-263 1) approving the Final Amended and Restated
Engineer's Report: 2) declaring the results of the assessment ballot tabulation; 3) confirming
the increase in assessments levied; 4) approving the reapportionment and segregation of
assessments; and 5) ordering certain changes and modifications in the improvements
authorized to be financed through Assessment District No.. 2003-01 (College Boulevard and
Cannon Road East).
3. Final Amended and Restated Engineer's Report dated September 14, 2007.
Exhibit 1
LOCATION MAP
LEGEND:
BOUNDARY OF ASSESSMENT DISTRICT
PROPOSED 84" STORM DRAIN NOT TO SCALE
PROJECT NAME
SECOND AMENDMENT TO THE ACQUISITION / FINANCING AGREEMENT
ASSESSMENT DISTRICT NO. 2003-01 (COLLEGE BOULEVARD AND CANNON ROAD EAST)
EXHIBIT
1
DRAWN BY: SCOTT [VANS. CARLSBAD ENCIHCERING DEPT. 01/24/07 C:\PLANNING * PROGRAMS\PLANJZ\CANNON 84 INCH S70RU DRAIN.CWG
Exhibit 2
1 RESOLUTION NO. 2007-263
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE FINAL
3 AMENDED REPORT OF THE ASSESSMENT ENGINEER,
4 DECLARING THE RESULTS OF THE ASSESSMENT
BALLOT TABULATION, CONFIRMING THE INCREASE IN
5 ASSESSMENTS LEVIED WITHIN BENEFIT AREA NO. 2
OF ASSESSMENT DISTRICT NO. 2003-01 (COLLEGE
6 BOULEVARD AND CANNON ROAD EAST), APPROVING
THE SEGREGATION AND APPORTIONMENT OF
7 ASSESSMENTS LEVIED WITHIN SUCH ASSESSMENT
DISTRICT AND ORDERING CERTAIN CHANGES AND
8 MODIFICATIONS IN THE IMPROVEMENTS AUTHORIZED
Q TO BE FINANCED THROUGH SUCH ASSESSMENT
DISTRICT
10
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WHEREAS, the City Council of the City of Carlsbad (the "City"), California, has
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previously undertaken proceedings to form and did, by the adoption of Resolution No.
13
2003-244 (the "Resolution of Formation"), form an assessment district, designate two
,<- benefit areas therein and levy assessments therein to finance the acquisition of certain
16 public improvements pursuant to the terms and provisions of the "Municipal
17 Improvement Act of 1913" (Streets and Highways Code Section 10000 and following)
18 (the "Improvement Act"), Article XIIID of the Constitution of the State of California
19 ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government
20 Code Section 53750 and following) (collectively, the "Assessment Law"), such
21
assessment district known and designated as Assessment District No. 2003-01 (College
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Boulevard and Cannon Road East) (the "Assessment District"); and,
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WHEREAS, at the request of Calavera Hills II, LLC (the "Developer"), the
owner and developer of the property within the Assessment District, the City Council
£j
26 has initiated proceedings (1) to consider modifications to (a) the improvements ordered
27 to be acquired through the Assessment District to include an 84" diameter storm drain
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Exhibit 2
1 along Cannon Road (the "Cannon Road Storm Drain") in lieu of constructing
2 improvements to the channel along the south side of Cannon Road and (b) the
3 assessments levied within Benefit Area No. 2 of the Assessment District to reflect the
4 special benefit to be received by the properties within Benefit Area No. 2 from the
5 Cannon Road Storm Drain and the cost of the construction of frontage improvements
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for College Boulevard Reach C and Cannon Road Reach 3 (the "Frontage
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Improvements") and (2) to order the segregation and apportionment of the assessments
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g within the parcels to be created as a result of the pending subdivision of the properties
10 within the Assessment District; and
11 WHEREAS, the City Council previously received and preliminarily approved an
12 Amended and Restated Engineer's Report prepared by Dick Jacobs Associates,
13 assessment engineer to the City for these proceedings (the "Assessment Engineer")
14 and has now received the final Amended and Restated Engineer's Report (the "Final
15 Amended Engineer's Report"), (a) describing the changes proposed to be made,
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including the inclusion of the Cannon Road Storm Drain among the improvements
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ordered to be acquired, the amount of the estimated increase in the cost of the
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improvements by reason of the proposed inclusion of the Cannon Road Storm Drain as
20 part of such improvements and the increase in the cost of construction of the Frontage
21 Improvements, the increase and modification of the assessments levied on the parcels
22 within Benefit Area No. 2 to reflect the special benefit received by such parcels from the
23 Cannon Road Storm Drain and the increase in cost of the Frontage Improvements and
(b) setting forth an amended diagram of the Assessment District and the segregation
25 and apportionment of the assessments originally levied within the Assessment District
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to reflect the pending subdivision of the property within the Assessment District; and
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Exhibit 2
1 WHEREAS, on April 24, 2007, this City Council adopted Resolution No. 2007-
2 085 (a) describing the proposed changes within the Assessment District, (b) ordering
that notice of a public hearing originally scheduled to be held on June 19, 2007 be given
4
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where persons may appear and show cause why such changes should not be ordered
5 and/or all persons interested in the original assessment, or in the lands affected thereby
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or in the bonds secured thereby, may appear and protest against the segregation and
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apportionment of the assessments and (c) ordering the initiation of assessment ballot
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proceedings to enable the owners of the properties within Benefit Area No. 2 to express
their support for or opposition to the proposed increase in the assessments levied on
11 such properties; and
12 WHEREAS, notice of the public hearing was given and assessment ballots were
13 mailed to the owners of real property within Benefit Area No. 2 in the form and manner
14 required by the Assessment Law; and
WHEREAS, as a result of a delay in the completion, approval and recordation of
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the final subdivision map subdividing the property within the Assessment District to
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create the parcels reflected in the Final Amended Engineer's Report and upon which
the proposed segregation and apportionment of the assessments was based, the public
20 hearing was continued on June 19, 2007 to a date certain, to wit, October 2, 2007; and
21 WHEREAS, on October 2, 2007, a full hearing was given and all assessment
22 ballots timely submitted pursuant to the Assessment Law were tabulated by the City
23 Clerk of the City as the tabulation official appointed by the City Council, all in the
manner provided by the Assessment Law; and
25 WHEREAS, the City Clerk has prepared and submitted to this legislative body a
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Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the
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Exhibit 2
1 "Certificate of the Tabulation Official"), a copy of which is attached as Exhibit A hereto
2 and incorporated herein by this reference, which reflects the results of the tabulation of
3 the assessment ballots submitted by the owners of property located within Benefit Area
4 No. 2.
5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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Carlsbad, California, as follows:
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1. Recitals. The above recitals are all true and correct.
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9 2. Findings Regarding the Tabulation of Assessment Ballots. Based upon the
10 Certificate of Tabulation Official, this City Council determines that the assessment
11 ballots received in favor of the proposed increase in the assessments levied within
12 Benefit Area No. 2 and weighted as required by the Assessment Law exceed the
13 assessment ballots received in opposition to the increase in such assessments and
14 similarly weighted and, therefore, a majority protest to the increase in the assessments
15 levied within Benefit Area No. 2 does not exist.
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3. Findings Regarding Special Benefits Received from the Cannon Road Storm
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Drain and the Frontage Improvements. Based upon the Final Amended Engineer's18
Report and the testimony and other evidence received at the public hearing, it is hereby
20 further determined that:
21 A. All properties within the boundaries of Benefit Area No. 2 of the
22 Assessment District receive a special benefit from the Cannon Road Storm Drain and
23 the Frontage Improvements;
B. The proportionate special benefit derived by each parcel within
25 Benefit Area No. 2 for which the assessment is proposed to be increased has been
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Exhibit 2
1 determined in relationship to the entirely of the cost of construction of the Cannon Road
2 Storm Drain and the Frontage Improvements;
3 C. No assessment is proposed to be increased on any parcel within
4
Benefit Area No. 2 which would cause such assessment to exceed the reasonable cost
5 of the proportional special benefit to be conferred on such parcel from the Cannon Road
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Storm Drain and the Frontage Improvements; and
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D. Only special benefits received from the Cannon Road Storm Drain
„ and the Frontage Improvements have been assessed against the properties within
10 Benefit Area No. 2; and
11 E. There are parcels within Benefit Area No. 2 which are owned or to
12 be owned by the City which is an agency as such term is defined in Article XIIID or a
13 non-profit organization providing affordable housing and which specially benefit from the
14 Improvements. A contribution equal to the special benefit to be received by such parcels
15 shall be made by Calavera Hills II LLC in the form of a reduced purchase price for the
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acquisition of the Cannon Road Storm Drain and the Frontage Improvements.
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4. Final Amended Engineer's Report. The Final Amended Engineer's Report, as18
now submitted, is hereby approved and such Report shall stand as the report as
20 required by the Assessment Law for all future proceedings for this Assessment District.
21 5. Public Interest and Convenience. The public interest and convenience
22 require the acquisition or construction of the Cannon Road Storm Drain and, therefore,
23 it is hereby ordered that the Cannon Road Storm Drain be included among the
improvements to be acquired through the Assessment District, as set forth in Resolution
25 No. 2007-085 previously adopted and as set forth in the Final Amended Engineer's
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Report.
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Exhibit 2
1 6. Confirmation of Increase in Assessments Levied within Benefit Area No. 2.
2 The increase in the assessments levied on the properties within Benefit Area No. 2, as
3 now filed in the Final Amended Engineer's Report, are hereby approved and confirmed.
4 7. Approval of Segregation and Apportionment of Assessments. The
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segregation and apportionment of the assessments levied within the Assessment
6
District as set forth in the Final Amended Engineer's Report is hereby approved.
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8. Recordation of Modified Assessment and Modified Assessment Diagram.
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„ The City Clerk shall forthwith deliver to the Superintendent of Streets the Final
IQ Amended Engineer's Report containing the modified assessment, together with the
11 modified diagram attached thereto and made a part thereof, as confirmed, with her
12 certificate of such confirmation attached and the date thereof; and that such
13 Superintendent of Streets shall then immediately record such diagram and assessment
14 in his Office in a suitable book to be kept for that purpose and attach thereto his
15 certificate of the date of such recording.
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9. County Recorder Recordation. Upon recordation of the modified assessment
17
roll and modified diagram in the office of the Superintendent of Streets, a certified copy
18
of the modified assessment diagram shall be immediately filed in the Office of the
2Q County Recorder.
21 10. Modification of Resolution No. 2003-244. Except as expressly provided for
22 in this resolution, the provisions of Resolution No. 2003-244 shall remain in full force
23 and effect.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 2nd day of October, 2007, by the following vote to wit:
AYES: Council Members Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Kulchin.
i /vriyytxy n/ " I** !-Lr
CLAUDE A LEWIS, itfayor
ATTEST:
,1_ORRAlME M. W0(
(SEAL)
, City
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affected properties for which the assessment ballots were submitted.
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CERTIFICATE OF TABULATION OFFICIAL
AND STATEMENT OF ASSESSMENT BALLOTS SUBMITTED
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CARLSBAD )
The undersigned, a duly authorized tabulation official appointed by the City Council of the
City of Carlsbad, DOES HEREBY CERTIFY that pursuant to the provisions of Article
XIIID of the Constitution of the State of California and the Proposition 218 Omnibus
Implementation Act (Government Code Section 53750 and following), I did tabulate the
assessment ballots timely submitted in the assessment ballot proceedings pertaining to
Assessment District No. 2003-01 (the "Assessment District").
I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the
assessment ballots submitted in favor of the increase in the assessments within Benefit Area
No. 2 of the Assessment District and the assessment ballots submitted in opposition to the
increase in such assessments, each total weighted according to the financial obligation of the
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Assessment ballots received in favor of the
proposed increase in assessments:
Assessment ballots received in opposition to
the proposed increase in assessments:
1
0
This certification is executed this 2nd day of October. 2007 in Carlsbad, California.
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17 (^toy Clerk of the City'ofCarlsbad,
As the Tabulation Official
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Exhibit 3
FINAL
AMENDED AND RESTATED
ENGINEER'S REPORT
FOR
ASSESSMENT DISTRICT NO. 2003-01
(COLLEGE BOULEVARD AND CANNON ROAD EAST)
CITY OF CARLSBAD
SAN DIEGO COUNTY
CALIFORNIA
Amended and Restated as of September 14, 2007
Prepared By:
MuniFinancial / Dick Jacobs Associates
128 North Helix Ave.
So/ana Beach, CA 92075
Assessment District No. 2003-01
(College Boulevard and Cannon Road East)
SECTION PAGE
INTRODUCTION AND CERTIFICATIONS i
PART I Plans and Specifications 1
PART II Cost Estimates 4
PART HI Assessment Roll and Method of Assessment Spread 7
PART IV Annual Administrative Assessment 39
PART V Diagram of Assessment District 40
PART VI Description of Improvements and Right-of-Way Certificate 41
Appendix A - Resolution of Intention
Appendix B - Acquisition/Financing Agreement between City and Calavera Hills II LLC
Appendix C - Environmental Certification
Appendix D - Property Owners List
Appendix E - Detailed Cost Information
Appendix F - Detailed Spread Information
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page i
AGENCY: CITY OF CARLSBAD
PROJECT: ASSESSMENT DISTRICT NO. 2003-01 (College Boulevard and
Cannon Road East)
TO: CITY COUNCIL
AMENDED AND RESTATED ENGINEER'S "REPORT-
PURSUANT TO THE
PROVISIONS OF SECTIONS 10204 AND 10351
OF THE STREETS AND HIGHWAYS CODE
Pursuant to the provisions of the Municipal Improvement Act of 1913, being
Division 12 of the Streets and Highways Code of the State of California (the
"Improvement Act"), Article XIIID of ttie Constitution of the State of California
("Article XIIID"), and Proposition 218 Omnibus Implementation Act (Section
53750 and following of the Government Code) (the "implementation Act") (the
Improvement Act, Article XIIID, and the Implementation Act are collectively
referred to as the "Assessment Law"), and in accordance with City of Carlsbad
Policy 33, the Resolution of Intention to consider the formation of the
Assessment District, being Resolution No. 2003-197, and ttie Resolution of
Intention to consider modifications to the Assessment District, being Resolution
No. 2007-085, each such resolution adopted by the City Council of the City of
Carlsbad, State of California, in connection with the proceedings for;
Assessment District No. 2003-01
(College Boulevard and Cannon Road East),
(hereinafter referred to as the "Assessment District"), I, RICHARD K. JACOBS,
P.E., Registered Professional Engineer, the duly appointed Assessment
Engineer, submit herewith the Amended and Restated "Report" for the
Assessment District, consisting of six (6) parts as stated below.
All changes to the previously approved Final Engineers "Report" dated July 31,
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page ii
2003 and all references to "Changes", as defined in Section 10350-10358 of the
Streets and Highways Code, appear in italics throughout this Amended and
Restated "Report".
Parti
This part contains the plans and specifications, which describe the general
nature, location and extent of the improvements to be constructed or acquired.
The plans and specifications are referenced herein and made a part hereof.
Said plans and specifications are on file in the Office of the Superintendent of
Streets /City Engineer.
Part II
This part contains an estimate of the costs of the improvements, including
capitalized interest, incidental costs and expenses in connection therewith as set
forth in Exhibit 1 attached hereto.
Part III
This part consists of a assessment of the total amount of the costs and
expenses of the improvements upon the several subdivisions of land within the
Assessment District, in proportion to the estimated special benefits to be
received by such subdivisions from said improvements, as set forth upon the
assessment roll filed herewith and made a part hereof.
Part IV
This part contains the proposed maximum annual administrative assessment to
be levied upon each subdivision or parcel of land within the Assessment District
to pay the costs incurred by the City of Carlsbad, and not otherwise reimbursed,
resulting from the administration and collection of assessments or from the
administration and registration of any associated bonds and reserve or other
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page iii
related funds.
PartV
This part contains a map showing the boundaries of the Assessment District,
and a diagram showing the Assessment District, the boundaries and the
dimensions of the subdivisions of land within said Assessment District, as the
same existed at the time of the passage of the Resolution of Intention, is filed
herewith and made a part hereof, and a part of the Assessment District Report.
Part VI
This part consists of a detailed description of the improvements to be funded by
the Assessment District and a right-of-way certificate certifying the status of the
right-of-way accepted or to be accepted by the City of Carlsbad.
This Amended and Restated Report does not purport to contain all the terms
associated with the acquisition, construction and financing of the improvements
in the Assessment District. Some of the terms associated with the acquisition,
construction and financing of the improvements in the Assessment District are
set forth in the Acquisition/Financing Agreement dated December 11, 2002,
between the City of Carlsbad and Calavera Hills II LLC, A California limited
liability company, as amended by the First Amendment to Acquisition/Financing
Agreement, made and entered into by such parties on September 16, 2003 and
by the Second Amendment to Acquisition/Financing Agreement, made and
entered into by such parties on February 7, 2007, as it may be further amended
from time to time (as amended, the "Acquisition / Financing Agreement") (see
Appendix B). To the extent that there are inconsistencies between the terms in
the Acquisition / Financing Agreement and the terms in this Amended and
Restated Report, the terms in this Amended and Restated Report shall prevail.
17
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page iv
This Amended and Restated Report is submitted on the
200
day of
RICHARD K. JAC(.
R.C.E. No. 18,191 (Expires 6/30/2009)
ASSESSMENT ENGINEER
CITY OF CARLSBAD
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
Preliminary approval of this Amended and Restated Report by the CITY
COUNCIL of the CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA,
on fae^Z^ day of
LORRAI
^
(CITY CLERIC/
CITY OF CARLSBAD
STATE OF CALIFORNIA= or->-.(^'•;'#
Final approval of this Amended and Restated Report by the CITY COUNCIL of
the CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA, on the
day of OfJoL&r' 200.1.
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page v
LO
CITY OF CARLSBAD
STATE OF
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 1
Parti
Plans and Specifications
The plans and specifications for the improvements constructed or to be
constructed and/or acquired which generally include grading, roadway, utility
relocation, landscape and irrigation, storm drainage facilities, domestic potable
water system, recycled water system, sewer system, dry utilities and other
ancillary improvements for the area described as Assessment District 2003-01
(College Boulevard and Cannon Road East) are referenced herein and
incorporated as if attached and a part of this Amended and Restated Report.
Said plans include College Boulevard from a point located 336-feet north of
Carlsbad Village Drive southerly to the intersection with Cannon Road and
Cannon Road from El Camino Real easterly to the intersection with College
Boulevard as shown on Drawing No. 390-9 consisting of 93 sheets and signed by
the City of Carlsbad on November 26, 2002 and Drawing No. 300-9A consisting
of 80 sheets and signed by the City of Carlsbad on October 22, 2002. Said plans
also include Storm Water Basin BJB located east of College Boulevard and north
of the future extension of Cannon Road and Storm Drain Line BJA located in
College Boulevard.
Construction of the improvements included on Drawing Nos. 390-9 and 300-9A
have been completed, an audited Purchase Price has been established and such
improvements have been acquired by the City.
Changes to improvements authorized to be financed through the Assessment
District include the addition of approximately 3,400 feet of 84" Reinforced
Concrete (RCP) storm drain pipe extending westerly along the north frontage of
Cannon Road from the Reinforced Concrete Box (RGB) structure at the outlet to
Storm Water Basin BJB to a point approximately 200 feet east of the intersection
with El Camino Real as shown on Drawing No. 433-6 consisting of 98 sheets and
signed by the City of Carlsbad on April 5, 2007. Drawing No. 433-6 also includes
the frontage improvements to College Boulevard, Reach B and Cannon Road,
Reach 3.
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 2
The plans and specifications for the improvements are on file in the office of the
Superintendent of Streets/City Engineer. Prior to acquiring the improvements, as-
built drawings will be reviewed for consistency with the plans upon which this
Amended and Restated Report was based.
An Amended and Restated description of the improvements to be constructed
and/or acquired by the Assessment District is included in Part VI - Amended and
Restated Description of Improvements of this Amended and Restated Report.
All improvements acquired or to be acquired have been or shall be constructed
in accordance with the standards of the City of Carlsbad, Carlsbad Municipal
Water District and other agencies as appropriate. The payment of the purchase
price for the acquisition of any improvement has been or will be governed by the
terms and conditions of the Acquisition/Financing Agreement.
The improvements include:
1. Roadway Improvements. The construction and/or acquisition of
roadways generally consisting of the grading and paving of streets,
installation of driveways, curbs, gutters, sidewalks, trails, medians,
parkways, street lights and conduits, signing and striping, storm drain,
planting, mitigation easement acquisition, environmental mitigation,
landscape and irrigation of medians, parkways, and adjacent slopes, traffic
control and utility relocation including relocation of utilities impacted by
the grading and other appurtenant improvements.
2. Domestic Water Improvements. The construction and/or acquisition of a
backbone domestic water distribution system within the public right-of-way
including other appurtenances necessary to serve the Assessment
District area.
3. Sewer Improvements. The construction and/or acquisition of sewer
mains, manholes, and appurtenances within the public right-of-way to
serve the Assessment District area.
4. Recycled Water Improvements. For College Boulevard, Reach C only, the
construction and/or acquisition of a recycled water distribution system,
and appurtenances for an irrigation system within the public right-of-way to
provide irrigation water to (i) medians, parkways, adjacent roadway slopes
(in and adjacent to the public streets and public easements) and trailhead
easements (ii) landscaped areas of the wetland mitigation (iii) landscaped
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 3
slopes and recreation lots within the home owners association open space
areas and (iv) landscaped areas of Storm Water Basin BJB. There are no
recycled water distribution improvements included on Drawing No. 433-6
for College Boulevard, Reach B Frontage improvements or Cannon Road,
Reach 3 Frontage improvements.
5. Dry Utility Improvements. The construction and/or acquisition of dry
utilities which are non-refundabte or non-reimbursable by the utility agency
and which are located within the right-of-way in an amount which does not
exceed five percent (5%) of the amount of the bond issue. Such 5% limit
includes a proportionate share of the Costs of Formation and Issuance,
Capitalized Interest, Bond Discount and Bond Reserve, all as identified in
Exhibit 1 below.
6. Storm Wafer Basin BJB and Storm Drain Line BJA Improvements. The
construction and/or acquisition of a storm water detention basin including
storm drain lines and other appurtenances necessary to serve the
Assessment District area.
7. 84" Storm Drain Pipeline Improvements. The construction and/or
acquisition of an 84" Reinforced Concrete Drainage Pipeline and
appurtenances necessary to serve the Assessment District area.
The above improvements are more specifically described in Part VI of this Amended
and Restated Report.
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 4
Part II
Amended and Restated Cost Estimates
The following Exhibit 1 provides a summary of costs for constructing and/or
acquiring the improvements as identified in the description of improvements
found in Part VI. The costs include construction costs, mitigation costs, design
costs, administration costs, incidentals expenses, financing costs, developer
contributions and the total amount to be assessed.
The cost estimate divides College Boulevard into two reaches, Reach B and
Reach C. Reach B is located from Cannon Road northerly to the southern
boundary of the Calavera Hills II development Reach C is located from the
southern boundary of the Calavera Mills II development northerly to Carlsbad
Village Drive.
The cost estimate further divides College Boulevard and Cannon Road into two
components. The first component is labeled the "Core Improvements" which
include full width grading of the roadway, paved road surface for two lanes (18-foot
paved section on each side of the median for a total of 36 feet of paved section),
transition pavement section at major intersections, median curbs, outside asphalt
berms, temporary drainage in the parkway including asphalt drainage swales and
other drainage improvements which are necessary to serve the center lanes and/or
protect the roadway grading. In addition, the improvements include the cost for full
mitigation of the environmental impacts of the construction of the improvements
noted above. The soft costs included are design, contract administration,
construction inspection, construction engineering, mitigation monitoring and land
acquisition.
The second component is labeled "Frontage Improvements" which includes all
other improvements necessary to complete College Boulevard and Cannon Road
to four lane major arterial roadway standards. These remaining frontage
improvements would include paving beyond the 36-foot paved section, outside curb
and gutters, sidewalks, street lights, any frontage landscaping and irrigation,
median landscaping and irrigation, median hardscape, sewer, water, recycled
water, franchise dry utilities, traffic signals and any other frontage improvements,
which would normally be required of the adjacent development projects.
The "Basin BJB and Storm Drain BJA Improvements" include all of the facilities
necessary for a storm water detention basin and the storm drain line draining into
the basin. However the cost estimate excludes those certain drainage facilities
which are included in the City's Drainage Fee Program. These excluded costs
have been detailed in Table 3 of Appendix F of this Amended and Restated
Report.
Prepared by MuniFinancial /Dick Jacobs Associates September 14, 2007 03
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 5
Changes to the cost estimate consist of an increase in the estimated costs for the
frontage improvements to College Boulevard, Reach B and Cannon Road, Reach
3 from the amounts included in the approved Final Engineer's Report dated July
31, 2003. Drawing No. 433-6 also includes the frontage improvements to College
Boulevard, Reach B and Cannon Road, Reach 3.
The 84" Storm Drain Pipeline Improvement includes the modifications to the box
culvert outlet structure from Basin BJB as well as inlets and other appurtenances
along the approximate 3,400 foot pipeline. The cost estimate excludes those
certain drainage facilities which are included in the City's Drainage Fee Program.
These excluded costs have been detailed in Table 3 E of Appendix F of this
Amended and Restated Report.
For purposes of assigning special benefit, the improvements have been divided
into eight (8) component improvements as shown in Exhibit 1. Of these eight (8)
improvements, five (5) have been completed and an audited Purchase Price has
been established which is reflected in Exhibit 1. The improvements which have
been completed as of the date of this Amended and Restated Report and an
audited Purchase Price shown in the cost estimate are as follows:
1. College Blvd, Reach C, Core Improvements
2. College Blvd, Reach C, Frontage Improvements
3. College Blvd, Reach B, Core Improvements
4. Cannon Road, Reach 3, Core Improvements
5. Basin BJB and Storm Drain Line BJA Improvements
The Audit Reports for the five (5) completed improvements are on file in the
office of the Superintendent of Streets.
The three (3) improvements yet to be constructed as of the date of mis Amended
and Restated Report and for which an estimated cost is shown in Exhibit 1 are as
follows:
1. College Blvd, Reach B, Frontage Improvements
2. Cannon Road, Reach 3, Frontage Improvements
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 6
3. 84" Storm Drain Pipeline Improvement
Details of the costs provided by Calavera Hills II LLC (the "Developer") for the
three (3) improvements yet to be constructed are shown in Appendix E,
Detailed Cost Information.
See Exhibit 1, Page 6a, on the following page, for a summary of the cost
estimate.
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
b.
c.
d.
e.
EXHIBIT 1
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 2003-01
(COLLEGE BOULEVARD AND CANNON ROAD EAST)
AMENDED AND RESTATED COST ESTIMATE AND TOTAL BOND SEE
1. Construction Cost of Improvements (See Table 5)
a. College Blvd. Reach C, Core Improvements (1)
College Blvd, Reach C, Frontage Improvements (1)
College Blvd, Reach B, Core Improvements (1)
College Blvd, Reach B, Frontage Improvements
Cannon Road, Reach 3, Core Improvements (1)
f. Cannon Road, Reach 3, Frontage Improvements
g. Basin BJB and Storm Drain Line BJA improvements (1)
h. 84 Inch Storm Drain Pipeline - Calavera Hills
i. 84 Inch Storm Drain Pipeline - Robertson Ranch
Subtotal of Construction
Adjustment for Dry Utilities in excess of 5% of Bond Amount
Subtotal of Adjusted Construction
2. Land & Right-of-Way (included in item 1)
3. Less General Benefit Contributions (subtracted within item 1)
4. Less Special Benefit Contributions (2)
Subtotal - Construction Cost Assessed
5. Cost of Formation and Issuance
6. Less Interest Earned
9. PA 14 School Contingency (3)
8. Capitalized Interest
Bond Reserve9
GRAND TOTAL
Confirmed
Assessment
July 3,2003
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2,253,289
4,523,233
3,154,460
1,379,057
5,336,934
3,123,955
1,361,536
-
-
21,132,464
(707,694)
20,424,770
-
-
(2,026,631)
18,398,140
1,646,561
-
-
1,670,392
2,147,646
23,862,738
Preliminary
Amended
Assessment
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2,061,308
4,472,480
2,653,428
2,181,883
5,199,774
6,054,650
425,236
902,723
568,268
24,519,751
(696,350)
23,823,402
-
-
(3,320,804)
20,502,598
1,548,783
-
150,654
1,099,121
2,061,644
25,362,799
Final
Amended
Assessment
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2,061,308
4,472,480
2,653,428
2,100,178
5,199,774
5,880,043
425,236
902,723
568,268
24,263,439
(738.225)
23,525,214
-
-
(3,294,976)
20,230,238
1,546,085
-
145,566
1,088,330
2,047,770
25,057,988
Notes:
(1) Completed Improvements
(2) Includes contribution for public, non-prom, HOA parcels, Affordable Housing parcels, and parcels tocated outside of the
Assessment District
(3) Contingency in place until decision made on alternative use parcel. Planning Area 14, (School or 16 Single Family homes).
Prepared by MuniFinancial / Dick Jacobs Associates Page6a September 14,2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 7
Part 111
Amended and Restated Assessment Roll and
Method of Assessment Spread
On July 15, 2003 the City Council of the CHy Of Carlsbad, State of California, did,
pursuant to the provisions of the Municipal Improvement Act of 1913, (Division
12 of the Streets and Highways Code of the State of California), Article XIIID of
the Constitution of the State of California, and the Proposition 218 Omnibus
Implementation Act (Section 53750 and following of the Government Code)
(collectively, the "Assessment Law"), and in accordance with City of Carlsbad
Policy 33, adopt its Resolution of Intention No. 2003-197 (the "Resolution of
Intention"), for acquisition or construction of certain public improvements,
together with appurtenances and appurtenant work in connection therewith, in a
special assessment district known and designated as:
ASSESSMENT DISTRICT NO. 2003-01
(College Boulevard and Cannon Road East)
(hereinafter referred to as the "Assessment District"); and
WHEREAS, said Resolution of Intention, as required by the Assessment Law,
did direct the Assessment Engineer to make and file a "Report", consisting of the
following as required by Section 10204 of the Act:
a. Plans and specifications for the improvements proposed to be acquired or
constructed in sufficient detail to show or describe the general nature,
location and extent of the improvements;
b. A general description of the improvements proposed to be acquired and
any property necessary or convenient for the operation of such
improvements;
c. An estimate of the cost of the improvements and the costs of lands, right-
of-way, easements, and incidental expense in connection with the
improvements;
d. Assessment Diagram showing the Assessment District exterior
boundaries, the boundaries of any benefit areas within the district and the
lines and dimensions of each parcel within the district and the benefit
areas therein existing at the time of the adoption of the resolution of
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007 O ^
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 8
Intention;
e. A proposed assessment of the costs and expenses of the improvements
levied upon the parcels within the boundaries of the Assessment
District in proportion to the estimated special benefits to be received
by each subdivision of property from the improvements;
f. The proposed maximum annual assessment to be levied upon each
subdivision or parcel of land within the Assessment District specially
benefiting from the improvements and for which the assessment is
unpaid to pay the costs incurred by the City and not otherwise
reimbursed resulting from the administration and collection of
assessments or from the administration and registration of any associated
bonds and reserve or other related funds.
For particulars, reference is made to the Resolution of Intention as previously
adopted a copy of which is included in the Appendix "A" of this Amended and
Restated Report.
WHEREAS, On April 17, 2007 the City Council of the City Of Carlsbad, State of
California, did, pursuant to the provisions of the Assessment Law, and in
accordance with CHy of Carlsbad Policy 33, adopt its Resolution No. 2007-085
(the "Resolution of Intention to Consider Modifications") to consider modifications
in the Assessment District and ordering the preparation of this Amended and
Restated Report.
NOW, THEREFORE, I, RICHARD K. JACOBS, pursuant to the Assessment
Law, do hereby submit the following:
1. Pursuant to the provisions of Assessment Law, the Resolution of
Intention and the Resolution of Intention to Consider Modifications,
i have assessed the costs and expenses of the acquisition or construction
of the improvements upon the parcels of land in the Assessment District
specially benefited thereby in direct proportion and relation to the
estimated special benefits to be received by each of said parcels
from the improvements. For particulars as to the identification of said
parcels, reference is made to the Amended and Restated Assessment
Diagram, a copy of which is attached hereto.
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 9
2. As required by Assessment Law, an Amended and Restated Diagram is
attached, showing the Assessment District and the benefit areas therein,
as well as the boundaries and dimensions of the respective parcels
and subdivisions of land within said District and the benefit areas
therein as the same existed at the time of the passage of said
Resolution of Intention to consider modifications, each of which
subdivisions of land or parcels or lots respectively have been given a
separate number upon said Amended and Restated Diagram and in said
Amended and Restated Assessment Roll.
3. The subdivisions and parcels of land, the numbers therein as shown on
the respective Amended and Restated Assessment Diagram as attached
hereto, correspond with the numbers as appearing on the Amended and
Restated Assessment Roll as contained herein.
4. NOTICE IS HEREBY GIVEN that bonds secured by the unpaid
assessments on the parcels within Benefit Area No. 1 have been issued
and bonds to be secured by the unpaid assessments on the parcels within
Benefit Area No. 2 will be issued in accordance with Division 10 of the
Streets and Highways Code of the State of California (the
"Improvement Bond Act of 1915"), to represent all unpaid assessments in
Benefit Area No. 2, which bonds shall be issued not to exceed the
legal maximum term as authorized by law, i.e., THIRTY-NINE (39)
YEARS from the 2nd day of September of the next succeeding twelve
(12) months from the date of the bonds. Said bonds shall bear interest at a
rate not to exceed the current legal maximum rate of 12% per annum.
5. By virtue of the authority contained in the Assessment Law and by further
direction and order of the legislative body, i hereby recommend the
following amended and restated Assessment to cover the costs and
expenses of the acquisition or construction of the improvements for
the Assessment District based on the costs and expenses as set
forth on the following page:
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 10
As Approved and
Confirmed
July 31, 2003
Construction
less General
and Incidental Costs
Benefit (1)
Formation and Issuance Costs
Less Special
Less Interest
Benefit Contributions
Earned
$
$
$
$
20,424,770
1,228,963
(2,026,631)
-
As Preliminary
Amended and
Restated
April 17, 2007
$
$
$
$
23,823,402
1,105,966
(3,320,804)
-
As Finally
Amended and
Restated
$
$
$
$
23,525,214
1,105,966
(3,294,976)
-
Capitalized Interest and Financing
Costs
Subtotal
Subtotal
Total
Benefit Area No. 1 (2)
Benefit Area No. 2 (2)
Total Assessment (2)
$
$
$
$
$
4,235,636
23,862,738
12,826,845
11.035,893
23,862,738
$
$
$
i
$
3,754,236
25,362,799
11,668,323
13.694.476
25,362,799
$
$
$
i
$
3,721,784
25,057,988
11,668,323
13.389.665
25,057,988
For particulars as to the individual assessments and their descriptions,
reference is made to Exhibit "A" attached hereto.
(1) The general benefit not assessed is associated with a portion of College
Boulevard and Cannon Road as discussed in Exhibit A. An amount equal to
such general benefit has been contributed by the Developer and not included in
the purchase price for improvements to be acquired and was not reimbursed from
bond proceeds.
(2) Included in the total assessment are certain projected individual assessments
representing the special benefit from the improvements to be conferred on
public parcels (such as the community facility and community recreation park),
non-profit organizations (such as open space parcels) and home owner
association parcels to be created by the future subdivision of the existing parcels
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 11
within the Assessment District Assessments apportioned to such parcels upon
the creation thereof will be contributed by the Developer either as a reduced
purchase price for improvements to be acquired and not reimbursed from bond
proceeds or, if the purchase price for all improvements has been paid at the time
of creation of any such parcel, by a cash contribution equal to the amount
necessary to pay off any such assessment.
Prepared by MuniFinancial/Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 12
Summary of Developer Contributions to Off-Set
General Benefit and Special Benefit Assessments
Total
General Benefit
College Boulevard, Reach C, Street $ 261,220
Improvements
College Boulevard, Reach B, Street $ 112,805
Improvements
Cannon Road, Reach 3, Street $ 266.369
Improvements
Total General Benefit $ 640,394
Special Benefit - Parcels Owned bv Public Calavera Hills II.
Aqencies. Non-Profit Organizations, Home Benefit Area
Owners Association and parcels located No. 1
inside or outside the Assessment District
ill
Two Community Facilities $ 347,659
Community Recreation $
Public Park $
Elementary School $
RV Storage (Robertson) $
Home Owners Association (HOA) $ 40,923
Village Y (Affordable Housing) $ 1,082,704
PA 15 (Affordable Housing)
Fire Station $
Total Special Benefit (1) $ 1,471,286
Total Developer Contributions (1 )
Notes:
Robertson Ranch Parcels located
East, Benefit Area outside of the
No. 2 Assessment
District
boundary
$ - $
$ 22,379 $
$ - $ 175,707 $
$ - $ 288,781 $
$ 10,126 $ - $
$ - $
$ - $ - $
$ 1,226,611 $
$ 100.086 $ - $
$ 1,359,202 $ 464,488 $
$
Total
347,659
22,379
175,707
288,781
10,126
40,923
1,082,704
1,226,611
100,086
3,294,976
3,935,370
(1 ) Additional future parcels within the Assessment District which will be owned by Public
Agencies, Non-Profit Organizations or Home Owners Associations are identified in
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 13
Appendix F and the special benefits of these parcels wilt be apportioned at the time
of subsequent subdivision of existing parcels. The assessments for these future
parcels will be contributed by the Developer either as a reduced purchase price for
improvements to be acquired and not reimbursed from bond proceeds or, if the
purchase price for all improvements has been paid at the time of creation of any
such parcel, by a cash contribution equal to the amount necessary to pay off any
such assessment An amount equal to the special benefit of parcels located outside
of the Assessment District will be contributed by the Developer as a reduced
purchase price for the improvements to be acquired subject to reimbursement from
the owners) of such parcels in accordance with a reimbursement agreement
between the City and Developer.
6. The Method and Formula of Spread of Assessment is as set forth in
Exhibit "A", which is attached hereto, referenced and so incorporated
Amended and Restated Assessment Roll
The following pages contain the Amended and Restated Assessment Roll fen-
Robertson Ranch East (Benefit Area Number 2) and for Calavera Hills II (Benefit
Area Number 1).
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad
AD 2003-1 - Amended Assessments for Robertson Ranch East (Benefit Area No. 2)
Assmnt No.
10-1
10-2
10-3
10-4
10-5
10-5
10-5
10-6
10-7
10-8
10-9
10-10
10-11
10-12
Land Use Amended Assessment
Afford Apts (Multifamily) RH
Single Family RMH
RV Storage
Single Family RM
Single Family RM
Single Family RM
Single Family RM
Comm Recreation
Water Quality Facility
Open Space
Open Space
Open Space
Open Space
Fire Station
$0.00
$2,217,711.29
$0.00
$555,227.39
$3,283,560.87
$3,501,201.00
$3,831,964.97
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$13,389,665.52
Page 1 of 1
City of Carlsbad
AD 2003-1 - Amended Assessments for Calavera Hills (Benefit Area No. 1)
Based on Original Series A Bond Sale of $11,760,000
Original
Assmnt No. Assessor's Parcel Number Amended Assessment
1-1
1-2
1-3
1-4
1-5
1-6
1-7
1-8
1-9
1-10
1-11
1-12
1-13
1-14
1-15
1-16
1-17
1-18
1-19
1-20
1-21
1-22
1-23
1-24
1-25
1-26
1-27
1-28
1-29
1-30
1-31
1-32
1-33
1-34
1-35
1-36
1-37
1-38
1-39
1^10
1^1
1-42
1-43
1-44
1-45
1-46
168-041-17-01
168-041-17-02
168-041-17-03
168-041-17-04
168-041-17-05
168-041-17-06
168-041-18-01
168-041-18-02
168-041-18-03
168-041-18-04
168-041-18-05
168-041-18-06
168-041-18-07
168-041-18-08
168-041-18-09
168-041-13-01
168-041-13-02
168-041-13-03
168-041-13-04
168-041-13-05
168-041-13-06
168-041-13-07
168-041-13-08
168-041-13-09
168-041-13-10
168-041-13-11
168-041-13-12
168-041-14-01
168-041-14-02
168-041-14-03
168-041-14-04
168-041-14-05
168-041-14-06
168-041-14-07
168-041-14-08
168-041-14-09
168-041-14-10
168-041-14-11
168-041-14-12
168-041-14-13
168-041-14-14
168-041-14-15
168-041-14-16
168-041-14-17
168-041-14-18
168-041-15-01
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
Page 1 of 13
Original
Assmnt No. Assessor's Parcel Number Amended Assessment
1-47
1-48
1-49
1-50
1-51
1-52
1-53
1-54
1-55
1-56
1-57
1-58
1-59
1-60
1-61
1-62
1-63
1-64
1-65
1-66
1-68
1-69
1-70
1-71
1-72
1-73
1-74
1-75
1-76
1-77
1-78
1-79
1-80
1-81
1-82
1-83
1-84
1-85
1-86
1-87
1-88
1-89
1-90
1-91
1-92
1-93
1-94
1-95
1-96
1-97
168-041-15-02
168-041-15-03
168-041-15-04
168-041-15-05
168-041-15-06
168-041-16-01
168-041-16-02
168-041-16-03
168-041-16-04
168-041-16-05
168-041-16-06
168-041-17-07
168-041-17-08
168-041-17-09
168-041-17-10
168-041-17-11
168-041-17-12
168-041-13-13
168-041-13-14
168-041-13-15
168-041-13-17
168-041-13-18
168-041-13-19
168-041-13-20
168-041-13-21
168-041-13-22
168-041-13-23
168-041-13-24
168-041-14-19
168-041-14-20
168-041-14-21
168-041-14-22
168-041-14-23
168-041-14-24
168-041-15-07
168-041-15-08
168-041-15-09
168-041-15-10
168-041-15-11
168-041-15-12
168-041-15-13
168-041-15-14
168-041-15-15
168-041-15-16
168-041-15-17
168-041-15-18
168-041-15-19
168-041-15-20
168-041-15-21
168-041-15-22
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.10
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
Page 2 of 13
Original
Assmnt No. Assessor's Parcel Number Amended Assessment
1-98
1-99
1-100
1-101
1-102
1-103
1-104
1-105
1-106
1-107
1-108
1-67
1-109
1-110
1-111
1-112
1-113
1-114
1-115
1-116
1-117
1-118
1-119
1-120
2
3-1
3-2
3-3
3^
3-5
3-6
3-7
3-8
3-9
3-10
3-11
3-12
3-13
3-14
3-15
3-16
3-17
3-18
3-19
3-20
3-21
3-22
3-23
3-24
3-25
168-041-15-23
168-041-15-24
168-041-16-07
168-041-16-08
168-041-16-09
168-041-16-10
168-041-16-11
168-041-16-12
168-041-16-13
168-041-16-14
168-041-16-15
168-041-13-16
168-041-16-16
168-041-16-17
168-041-16-18
168-041-16-19
168-041-16-20
168-041-16-21
168-041-16-22
168-041-16-23
168-041-16-24
REC-LOT-00-01
REC-LOT-00-02
REC-LOT-00-03
167-101-19-00
168-320-01-00
168-320-02-00
168-320-03-00
168-320-04-00
168-320-05-00
168-320-06-00
168-320-07-00
168-320-08-00
168-320-09-00
168-320-10-00
168-320-11-00
168-320-12-00
168-320-13-00
168-320-14-00
168-320-15-00
168-320-16-00
168-321-01-00
168-321-02-00
168-321-03-00
168-321-04-00
168-321-05-00
168-321-06-00
168-321-07-00
168-321-08-00
168-321-09-00
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.10
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$15,130.09
$0.00
$0.00
$0.00
$0.00
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
Page 3 of 13
3-7
Original
Assmnt No. Assessor's Parcel Number Amended Assessment
3-26
3-27
3-28
3-29
3-30
3-31
3-32
3-33
3-34
3-35
3-36
3-37
3-38
3-39
3-40
3^41
3-42
3-43
3-44
3-45
3-46
3-47
3-48
3-49
3-50
3-51
3-52
3-53
3-54
3-55
3-56
3-57
3-58
3-59
3-60
3-61
3-62
3-63
3-64
3-65
3-66
3-67
3-68
3-69
3-70
3-71
3-72
3-73
3-74
3-75
168-321-10-00
168-321-11-00
168-321-12-00
168-321-13-00
168-321-14-00
168-321-15-00
168-321-16-00
168-321-17-00
168-321-18-00
168-321-19-00
168-321-20-00
168-321-21-00
168-321-22-00
168-321-23-00
168-321-24-00
168-321-25-00
168-321-26-00
168-321-27-00
168-321-28-00
168-321-29-00
168-321-30-00
168-321-31-00
168-321-32-00
168-321-33-00
168-321-34-00
168-321-35-00
168-321-36-00
168-321-37-00
168-321-38-00
168-321-39-00
168-321-40-00
168-321^41-00
168-321-42-00
168-321-43-00
168-321-44-00
168-320-17-00
168-320-18-00
168-320-19-00
168-320-20-00
168-320-21-00
168-320-22-00
168-320-23-00
168-320-24-00
168-320-25-00
168-320-26-00
168-320-27-00
168-320-28-00
168-320-29-00
168-320-30-00
168-320-31-00
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$13,684.65
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$18,374.67
Page 4 of 13
Original
Assmnt No. Assessor's Parcel Number Amended Assessment
3-76
3-77
3-78
3-79
3-80
3-81
3-82
3-83
3-84
3-85
3-86
3-87
4-1
4-2
4-3
4-4
4-5
4-6
4-7
4-8
4-9
4-10
4-11
4-12
4-13
4-14
4-15
5-1
5-2
5-3
5-4
7-1
7-2
7-3
7-4
7-5
7-6
7-7
7-8
7-9
7-10
7-11
7-12
7-13
7-14
7-15
7-16
7-17
7-18
7-19
168-320-32-00
168-320-33-00
168-320-34-00
168-320-35-00
168-320-36-00
168-320-37-00
168-320-38-00
168-320-39-00
168-320^0-00
168-320-41-00
168-321-45-00
168-320-42-00
168-280-51-00
168-280-52-00
168-280-53-00
168-280-54-00
168-280-55-00
168-280-56-00
168-280-57-00
168-280-58-00
168-280-59-00
168-280-60-00
168-280-61-00
168-280-62-00
168-280-63-00
168-280-64-00
168-280-65-00
168-292-30-00
168-292-31-00
168-292-32-00
168-292-33-00
168-350-01-00
168-350-02-00
168-350-03-00
168-350-04-00
168-350-05-00
168-350-06-00
168-350-07-00
168-350-08-00
168-350-09-00
168-350-10-00
168-351-01-00
168-351-02-00
168-351-03-00
168-351-04-00
168-351-05-00
168-351-06-00
168-351-07-00
168-351-08-00
168-350-11-00
$18,374.67
$18,374.67
$18,374.67
$18,374.67
$18,374.68
$18,374.68
$18,374.68
$18,374.68
$18,374.68
$0.00
$0.00
$0.00
$18,634.97
$18,634.97
$18,634.97
$13,944.96
$13,944.96
$13,944.96
$13,944.96
$13,944.96
$13,944.96
$13,944.96
$13,944.96
$18,634.97
$18,634.97
$18,634.96
$0.00
$19,149.30
$19,149.30
$19,149.29
$19,149.29
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
Page 5 of 13
Original
Assmnt No. Assessor's Parcel Number Amended Assessment
7-20
7-21
7-22
7-23
7-24
7-25
7-26
7-27
7-28
7-29
7-30
7-31
7-32
7-33
7-34
7-35
7-36
7-37
7-38
7-39
7-4Q
7-41
7-42
7-43
7-44
7-45
7-46
7-47
7-48
7-49
7-50
7-51
7-52
7-53
7-54
7-55
7-56
7-57
7-58
7-59
7-60
7-61
7-62
7-63
7-64
7-65
7-66
7-67
7-68
7-69
168-350-12-00
168-350-13-00
168-350-14-00
168-350-15-00
168-350-16-00
168-350-17-00
168-350-18-00
168-350-19-00
168-350-20-00
168-350-21-00
168-350-22-00
168-352-01-00
168-352-02-00
168-352-03-00
168-352-04-00
168-352-05-00
168-352-06-00
168-352-07-00
168-352-08-00
168-352-09-00
168-352-10-00
168-353-01-00
168-353-02-00
168-353-03-00
168-353-04-00
168-353-05-00
168-353-06-00
168-353-07-00
168-353-08-00
168-353-09-00
168-353-10-00
168-353-11-00
168-353-12-00
168-353-13-00
168-353-14-00
168-353-15-00
168-353-16-00
168-353-17-00
168-353-18-00
168-353-19-00
168-352-11-00
168-352-12-00
168-352-13-00
168-352-14-00
168-352-15-00
168-352-16-00
168-352-17-00
168-352-18-00
168-352-19-00
168-353-20-00
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25.809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
Page 6 of 13
Original
Assmnt No. Assessor's Parcel Number Amended Assessment
7-70
7-71
7-72
7-73
7-74
7-75
7-76
7-77
7-78
7-79
7-80
7-81
7-82
7-83
7-84
7-85
7-86
7-87
7-88
7-89
7-90
7-91
7-92
7-93
7-94
7-95
7-96
7-97
7-98
7-99
7-100
7-101
7-102
7-103
7-104
7-105
7-106
7-107
7-108
7-109
7-110
7-111
7-112
7-113
7-114
7-115
7-116
7-117
8-1
8-2
168-353-21-00
168-353-22-00
168-353-23-00
168-353-24-00
168-353-25-00
168-353-26-00
168-353-27-00
168-353-28-00
168-353-29-00
168-352-20-00
168-352-21-00
168-352-22-00
168-352-23-00
168-352-24-00
168-352-25-00
168-352-26-00
168-352-27-00
168-352-28-00
168-352-29-00
168-350-23-00
168-350-24-00
168-350-25-00
168-350-26-00
168-350-27-00
168-350-28-00
168-350-29-00
168-350-30-00
168-350-31-00
168-350-32-00
168-350-33-00
168-350-34-00
168-350-35-00
168-352-30-00
168-352-31-00
168-352-32-00
168-352-33-00
168-352-34-00
168-352-35-00
168-352-36-00
168-352-37-00
168-352-38-00
168-352-39-00
168-352-40-00
168-352-41-00
168-352^2-00
168-352-43-00
168-350-36-00
168-351-09-00
168-330-01-00
168-330-02-00
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.44
$25,809.45
$25,809.45
$25,809.45
$25,809.45
$25,809.45
$25,809.45
$25,809.45
$25,809.45
$25,809.45
$25,809.45
$25,809.45
$25,809.45
$25,809.45
$25,809.45
$0.00
$0.00
$0.00
$25,722.75
$25,722.75
Page 7 of 13
Original
Assmnt No. Assessor's Parcel Number Amended Assessment
8-3
8-4
8-5
8-6
8-7
8-8
8-9
8-10
8-11
8-12
8-13
8-14
8-15
8-16
8-17
8-18
8-19
8-20
8-21
8-22
8-23
8-24
8-25
8-26
8-27
8-28
8-29
8-30
8-31
8-32
8-33
8-34
8-35
8-36
8-37
8-38
8-39
8^0
8^1
8-42
8-43
8-44
8-45
8^6
8^7
8-48
8-49
8-50
8-51
8-52
168-330-03-00
168-330-04-00
168-330-05-00
168-330-06-00
168-330-07-00
168-330-08-00
168-330-09-00
168-330-10-00
168-330-11-00
168-330-12-00
168-331-01-00
168-331-02-00
168-331-03-00
168-331-04-00
168-331-05-00
168-331-06-00
168-331-07-00
168-331-08-00
168-331-09-00
168-331-10-00
168-331-11-00
168-331-12-00
168-331-13-00
168-331-14-00
168-331-15-00
168-331-16-00
168-331-17-00
168-331-18-00
168-331-19-00
168-331-20-00
168-331-21-00
168-331-22-00
168-331-23-00
168-331-24-00
168-331-25-00
168-331-26-00
168-331-27-00
168-331-28-00
168-331-29-00
168-331-30-00
168-331-31-00
168-331-32-00
168-331-33-00
168-331-34-00
168-331-35-00
168-331-36-00
168-331-37-00
168-331-38-00
168-331-39-00
168-331-40-00
$25,722.75
$25,722.75
$25,722.75
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
Page 8 of 13
Original
Assmnt No. Assessor's Parcel Number Amended Assessment
8-53
8-54
8-55
8-56
8-57
8-58
8-59
8-60
8-61
8-62
8-63
8-64
8-65
8-66
8-67
8-68
8-69
8-70
8-71
8-72
8-73
8-74
8-75
8-76
8-77
8-78
8-79
8-80
8-81
8-82
8-83
8-84
8-85
8-86
8-87
8-88
8-89
8-90
8-91
8-92
8-93
8-94
8-95
8-96
8-97
8-98
8-99
8-100
8-101
8-102
168-331-41-00
168-331-42-00
168-331-43-00
168-331-44-00
168-331-45-00
168-330-13-00
168-330-14-00
168-330-15-00
168-330-16-00
168-330-17-00
168-330-18-00
168-330-19-00
168-330-20-00
168-330-21-00
168-330-22-00
168-330-23-00
168-330-24-00
168-331-46-00
168-331-47-00
168-331-48-00
168-331-49-00
168-331-50-00
168-331-51-00
168-331-52-00
168-331-53-00
168-331-54-00
168-331-55-00
168-331-56-00
168-331-57-00
168-331-58-00
168-331-59-00
168-331-60-00
168-331-61-00
168-331-62-00
168-331-63-00
168-331-64-00
168-331-65-00
168-331-66-00
168-331-67-00
168-331-68-00
168-331-69-00
168-331-70-00
168-331-71-00
168-330-25-00
168-330-26-00
168-331-72-00
168-331-73-00
168-331-74-00
168-331-75-00
168-331-76-00
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$21,032.73
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.75
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
Page 9 of 13
Original
Assmnt No. Assessor's Parcel Number Amended Assessment
8-103
8-104
8-105
8-106
8-107
8-108
8-109
8-110
8-111
8-112
8-113
8-114
8-115
8-116
8-117
6 interim
6 interim
6-1
6-2
6-3
6-4
6-5
6-6
6-7
6-8
6-9
6-10
6-11
6-12
6-13
6-14
6-15
6-16
6-17
6-18
6-19
6-20
6-21
6-22
6-23
6-24
6-25
6-26
6-27
6-28
6-29
6-30
6-31
6-32
6-33
168-331-77-00
168-331-78-00
168-331-79-00
168-331-80-00
168-331-81-00
168-331-82-00
168-331-83-00
168-331-84-00
168-331-85-00
168-331-86-00
168-331-87-00
168-331-88-00
168-331-89-00
168-331-90-00
168-331-91-00
168-341-04-00
168-310-08-00
168-340-02-01
168-340-02-02
168-340-02-03
168-340-02-04
168-340-02-05
168-340-02-06
168-340-02-07
168-340-02-08
168-340-02-09
168-340-03-01
168-340-03-02
168-340-03-03
168-340-03-04
168-340-03-05
168-340-03-06
168-340-03-07
168-340-03-08
168-340-03-09
168-340-03-10
168-340-03-11
168-340-03-12
168-341-05-01
168-341-05-02
168-341-05-03
168-341-05-04
168-341-05-05
168-341-05-06
168-341-05-07
168-341-05-08
168-341-05-09
168-341-05-10
168-341-05-11
168-341-05-12
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$25,722.74
$0.00
$0.00
$0.00
$0.00
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
Page 10 of 13
Original
Assmnt No. Assessor's Parcel Number Amended Assessment
6-34
6-35
6-36
6-37
6-38
6-39
6-40
6-41
6-42
6-43
6-44
6-45
6-46
6-47
6-48
6-49
6-50
6-51
6-52
6-53
6-54
6-55
6-56
6-57
6-58
6-59
6-60
6-61
6-62
6-63
6-64
6-65
6-66
6-67
6-68
6-69
6-70
6-71
6-72
6-73
6-74
6-75
6-76
6-77
6-78
6-79
6-80
6-81
6-82
6-83
168-341-06-01
168-341-06-02
168-341-06-03
168-341-06-04
168-341-06-05
168-341-06-06
168-341-08-01
168-341-08-02
168-341-08-03
168-341-08-04
168-341-08-05
168-341-08-06
168-341-08-07
168-341-08-08
168-341-08-09
168-341-08-10
168-341-08-11
168-341-08-12
168-341-08-13
168-341-08-14
168-341-08-15
168-341-08-16
168-341-08-17
168-341-08-18
168-341-08-19
168-341-08-20
168-341-08-21
168-341-06-07
168-341-06-08
168-341-06-09
168-341-06-10
168-341-06-11
168-341-06-12
168-341-07-01
168-341-07-02
168-341-07-03
168-341-07-04
168-341-07-05
168-341-07-06
168-341-07-07
168-341-07-08
168-341-07-09
168-341-07-10
168-341-07-11
168-341-07-12
168-341-07-13
168-341-07-14
168-341-07-15
168-341-07-16
168-341-07-17
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.85
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
Page 11 of 13
Original
Assmnt No. Assessor's Parcel Number Amended Assessment
6-84
6-85
6-86
6-87
6-88
6-89
6-90
6-91
6-92
6-93
6-94
6-95
6-96
6-97
6-98
6-99
6-100
6-101
6-102
6-103
6-104
6-105
6-106
6-107
6-108
6-109
6-110
6-111
6-112
6-113
6-114
6-115
6-116
6-117
6-118
6-119
6-120
6-121
6-122
6-123
6-124
6-125
6-126
6-127
6-128
6-129
6-130
6-131
6-132
6-133
168-341-07-18
168-341-07-19
168-341-07-20
168-341-07-21
168-341-07-22
168-341-07-23
168-341-07-24
168-341-06-13
168-341-06-14
168-341-06-15
168-341-06-16
168-341-06-17
168-341-06-18
168-341-06-19
168-341-06-20
168-341-06-21
168-341-06-22
168-341-06-23
168-341-06-24
168-341-06-25
168-341-06-26
168-341-06-27
168-341-05-13
168-341-05-14
168-341-05-15
168-341-05-16
168-341-05-17
168-341-05-18
168-340-03-13
168-340-03-14
168-340-03-15
168-340-03-16
168-340-03-17
168-340-03-18
168-340-03-19
168-340-03-20
168-340-03-21
168-340-03-22
168-340-03-23
168-340-03-24
168-340-02-10
168-340-02-11
168-340-02-12
168-340-02-13
168-340-02-14
168-340-02-15
168-340-02-16
168-340-02-17
168-340-02-18
168-340-02-19
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
$19,693.84
Page 12 of 13
Original
Assmnt No. Assessor's Parcel Number Amended Assessment
6-134 168-340-02-20 $19,693.84
6-135 168-340-02-21 $19,693.84
6-136 168-340-03-00 $0.00
6-137 168-340-02-00 $0.00
6-139 168-341-05-00 $0.00
6-140 168-341-07-00 $0.00
6-141 168-341-08-00 $0.00
9-1 168-310-05-00 $0.00
9-2 168-310-06-00 $0.00
$11,760,000.00
Page 13 of 13
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 14
EXHIBIT A
AMENDED AND RESTATED METHOD AND FORMULA OF ASSESSMENT
SPREAD
Since the improvements are to be funded by the levying of assessments, the
Assessment Law requires that assessments be based on the special benefit
that the properties receive from the improvements. In addition, the Assessment
Law provides that a parcel's assessment may not exceed the reasonable cost of
the proportional special benefit conferred on that parcel. Further, only special
benefits are assessable and the local agency levying the assessment must
separate the general benefits from the special benefits. All publicly owned
property must be assessed if it specially benefits from the improvements.
The Assessment Law does not specify the method or formula that should
be used to apportion the costs to properties in any special assessment
district proceedings. The responsibility for recommending an apportionment of the
costs to properties, which specially benefit from the improvements rests with the
Assessment Engineer, who is appointed for the purpose of making an analysis of
the facts and determining the correct apportionment of the assessment
obligation. In order to apportion the assessments to each parcel in direct
proportion with the special benefit which it will receive from the improvements, an
in-depth analysis has been completed and is used as the basis for apportioning
costs to each property within the Assessment District as explained below.
Based upon an analysis of the special benefit to be received by each parcel
from the improvements, the Assessment Engineer recommends the amended
and restated apportionment of costs as outlined herein. No increase is
recommended in the assessments originally levied on the parcels within Benefit
Area No. 1 of the Assessment District. The final authority and action to increase
the assessments on the parcels within Benefit Area No. 2 of the Assessment
District rests with the City Council after hearing all testimony and evidence
presented at a public hearing, and the tabulation of the assessment ballots
previously mailed to all record owners of property within Benefit Area No. 2 of the
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 15
Assessment District. Upon the conclusion of the public hearing, the City Council
must make the final determination whether or not the assessment spread has
been made in direct proportion to the special benefits to be received by each
parcel within Benefit Area No. 2 of the Assessment District. Assessment ballot
tabulation will be finalized at that time and, if a majority of the assessment ballots
received prior to the close of the public hearing weighted by assessment amount
are not opposed to the increase of the levy of the assessments within Benefit Area
No. 2, then the Cfty Council may confirm the increase in the levy of the
assessments within Benefit Area No. 2.
The following sections define and explain the special benefits and general
benefits, and set forth the methodology used to apportion the costs of the
improvements providing special benefits to each parcel, and confirm that the
assessments are reasonable and justified.
The Amended and Restated Method of Apportionment
The Assessment District improvements have been assigned into eight benefit
components; roadway, potable water, recycled water, sewer, dry utilities, Storm
Water Basin BJB and Storm Drain Line BJA, 84" Storm Drain Pipeline
Improvement and incidental expenses. Roadway improvement costs are spread
on vehicle average daily trip (ADT) generation. Potable water, sewer and dry
utility costs are spread on an equivalent dwelling unit (EDU) basis. Recycled
water costs are spread to the roadway and specific parcels based on the amount
of recycled water used for the irrigation of each roadway and specific parcel.
Storm Water Basin BJB and Storm Drain Line BJA as well as the 84" Storm Drain
Pipeline Improvement costs are spread to parcels which drain into the basin and
are conveyed from the basin through Ihe 84" Pipeline based on assessment
units. The incidental expenses have been based on either the actual cost to
each component of the improvements or if the incidental costs apply to all such
components then to the prorated construction cost of each such component.
The procedure of identifying and apportioning special benefit to the land uses
and parcels has been organized as follows:
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 16
A. Identification of Benefit Components
A-1 Roadway Core improvements
A-2 Roadway Frontage Improvements
A-3 Backbone Potable Water and Sewer
A-4 Backbone Recycled Water
A-5 Backbone Dry Utilities
A-6 Storm Water Basin BJB and Storm Drain Line BJA
A-7 84" Storm Drain Pipeline Improvement
A-8 Incidental Expenses
B. Special Benefits
C. General Benefits
D. Proportioning Special Benefits
D-1 Land Use Categories
D-2 Proportionate Special Benefit of Roadway Improvements
D-3 Proportionate Special Benefit of Utility Improvements
D-4 Proportionate Special Benefit of Storm Water Basin BJB and
Storm Drain BJA Improvements
D-5 Proportionate Special Benefits of 84" Storm Drain Pipeline
Improvements
D-6 Proportionate Formation, Issuance and Financing Costs
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 17
E. Proclamations
E-1 Assessments Equal to or Less Than the Proportional Special
Benefits
E-2 Reasonableness and Justification of Assessments
E-3 Future Apportionment
A. IDENTIFICATION OF BENEFIT COMPONENTS
The improvements acquired or to be acquired or constructed by the City from the
proceeds of bonds issued for each benefit area of the Assessment District are
necessary for development of the Assessment District parcels and are required
by the Calavera Hills II and by the Robertson Ranch Master Plans and the
conditions of development as set forth in the land use entitlements approved
by the City for each benefit area. Without the improvements, the parcels
within the Assessment District cannot be developed to their planned ultimate
uses pursuant to such land use entitlements.
It is unfeasible and impractical for the parcels to be utilized to their highest and best
use without the backbone roadways, utilities, storm drain basin and 84" pipeline
that will be funded by the Assessment District.
A-1 Roadway Core Improvement Components
The foremost purpose of the Assessment Disbict is to provide financing for
the backbone road access so the Assessment District parcels can be
developed. The most significant and costly improvement is the work
associated with the road construction. The road construction has created the
need to relocate utilities, re-establish habitat areas, and install landscaping to
protect the roadway slopes. The road construction has created the need to
construct storm drains to protect the roadway and to relocate other facilities
and provide mitigation areas that would not have otherwise been necessary if
the road was not constructed. The road and associated costs have been
placed into two roadway improvement components (previously identified in
Part 2 of this Amended and Restated Report) for the purpose of defining the
roadway costs and apportioning special benefit. The first component is titled
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 18
"Core Improvements" and the second component is titled "Frontage
Improvements" which will be described in the following section A-2.
The Core Improvements component includes: College Boulevard Reach C
and Reach B, plus Cannon Road Reach 3, full width grading of the roadway,
paved road surface for two lanes, transition pavement section at Cannon
Road and El Camino Real intersections, other road related improvements,
relocation of utilities, and establishment of mitigation areas. All of the
core improvements have been completed.
A percentage of the cost of the backbone recycled water distribution system
has been spread in the same manner as the roadway core improvement
expenses. This portion of the recycled water system improvements will
provide an irrigation water system for the roadway landscaping.
A-2 Roadway Frontage Improvement Components
The Frontage Improvements component includes: College Boulevard Reach
C and Reach B, plus a portion of Cannon Road Reach 3. The College
Boulevard, Reach C frontage improvements have been completed. The
Frontage Improvements for College Boulevard Reach B, and a portion of
Cannon Road Reach 3 will be constructed in concert with the development of
the Robertson Ranch East project. The Frontage Improvements for Cannon
Road Reach 3 do not include the Frontage Improvements on the north side
of Cannon Road along the frontage of parcels located outside of the
Assessment District boundary in Robertson Ranch West since these
Frontage Improvements will be paid by the Developer and not assessed.
A percentage of the cost of the backbone recycled water distribution system
has been spread with the College Boulevard, Reach C frontage
improvements (completed improvement) in the same manner as the roadway
Frontage Improvement expenses. This portion of the recycled water system
improvements will provide an irrigation water system for the roadway
landscaping. The recycled water distribution system for the roadway
landscaping for College Boulevard, Reach B and Cannon Road, Reach 3
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007 ^~\~\
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 19
was constructed by the Developer under a separate contract and the costs
will not be assessed.
A-3 Backbone Potable Water and Sewer Construction Improvement
Components
Coincidental to the roadway improvements is the necessity to construct
certain backbone utility improvements within the roadway right of way
concurrently with construction of the roadway improvements. These
improvements confer a different special benefit to the properties than the
special benefit conferred by the roadway improvements. Therefore potable
water and sewer costs (other than relocated facilities for the roadway costs)
have been separated into wet utility components for purposes of defining
special benefits and allocating the costs of such components.
A-4 Backbone Recycled Water Improvement Components
Coincidental to the roadway improvements is the necessity to construct
certain backbone recycled water improvements within the roadway right of
way concurrently with construction of the roadway improvements. A
percentage of these improvements confer a different special benefit to the
properties than the special benefit conferred by the roadway improvements
based on where the recycled water will be used. The recycled water facilities
have been separated into a separate component for purposes of defining
special benefits and allocating the costs of such components. All of the
recycled water improvements to be assessed have been completed and
assessed to Benefit Area No. 1.
A-5 Backbone Dry Utilities Improvement Components
Coincidental to the roadway improvements is the necessity to construct
certain backbone dry utility improvements within the roadway right of way
concurrently with construction of the roadway improvements. These
improvements confer a different special benefit to the properties than the
special benefit conferred by the roadway improvements. Therefore the dry
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 20
utilities have been separated into a separate component for purposes of
defining special benefits and allocating the costs of such components.
A-6 Storm Water Basin BJB and Storm Drain Line BJA
Coincidental to the roadway improvements is the necessity to construct
Storm Water Basin BJB, located adjacent to the roadway right of way, and
Storm Drain Line BJA, located in College Boulevard, concurrently with
construction of the roadway improvements. These improvements confer a
different special benefit to the properties than the special benefit conferred
by the roadway improvements. Therefore the Storm Water Basin BJB, Storm
Drain Line BJA and appurtenances have been separated into a separate
component for purposes of defining special benefits and allocating the costs
of such components.
A-7 84" Storm Drain Pipeline Components
Coincidental to the roadway improvements is the necessity to construct the
84" Storm Drain Pipeline and appurtenances along the north frontage of
Cannon Road from the BJB Basin outlet works to approximately 200 feet
east of El Cam/no Real. These improvements confer a different special
benefit to the properties than the special benefit conferred by the roadway
improvements. Therefore the 84" Storm Drain Pipeline and appurtenances
have been separated into a separate component for purposes of defining
special benefits and allocating the costs of such components.
A-8 Incidental Expense Components
In addition to the improvement costs, there are incidental construction
administration and Assessment District formation expenses. These costs
include, but are not limited to: construction administration, construction
supervision, design, testing, surveying, assessment engineering, audit of
acquisition costs, financial advisors, appraisals, bond counsel, underwriting,
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 21
official statement printing, financing cost and establishment of a bond reserve
fund. The costs of the formation of the Assessment District, including the
costs of issuance, have been determined to be eligible for inclusion and are
included in the Assessment District incidental costs. Some of these costs can
be assigned directly to one of the benefit components as shown in Appendix
T". Other costs that cannot be assigned directly to one of the benefit
components have been prorated to each assessment number in accordance
with that assessment number's share of the acquisition or construction cost.
B. SPECIAL BENEFITS
The purpose of this Assessment District is to fund the construction and
acquisition or construction of public improvements required to serve the
Assessment District Parcels. Special benefit is received by each parcel within the
boundaries of the Assessment District from new roadway access and the
availability of utility services that are required and necessary for the properties to
develop to their highest and best use in accordance with and as permitted by the
approved land use entitlements.
The improvements to be constructed and/or acquired by the City accommodate
the planned development within the Assessment District area in accordance with
the approved land use entitlements. The Calavera Hills II and the Robertson
Ranch Master Plan environmental documents and the Tentative Map identify the
need for access and utilities, and place conditions upon the parcels within
the Assessment District to provide those improvements. The Assessment
District Improvements satisfy the conditions of development by providing access
and backbone utilities so the projects can support their planned uses. Without the
improvements, the parcels within the Assessment District could not be developed
to their planned and conditionally approved uses.
The special benefit conferred on the parcels within the Assessment District from
the proposed improvements include: increased development potential, relief from
access constraints, improved accessibility to utilities, fulfillment of development
conditions and ensured investment returns. The special benefit to each parcel is
such that the parcels will be allowed to gain access to a public street network, be
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 {College Boulevard and Cannon Road East) Page 22
provided with storm water protection and have water, sewer, recycled water and
dry utilities readily available, thereby allowing them to develop to their highest potential.
Special benefit accrues to each parcel to be subdivided and served by the
improvements to be constructed. Since the areas within the Robertson Ranch
East development (Benefit Area No. 2) within the Assessment District have not
been subdivided into individual lots at this time, the assessments will be placed
in aggregate on one or more existing assessor parcels and apportionment of the
assessments will take place as final maps record.
All final maps have been recorded for the Calavera Hills II development (Benefit
Area No. 1) and the assessments to the individual lots have been completed and
recorded. The assessments placed on these individual lots in Calavera Hills II
(Series A Bonds) will not increase as a result of the changes outlined in this
Amended and Restated Engineers Report.
C. GENERAL BENEFITS
Some public improvements will confer general benefit to properties or the public
at large outside the Assessment District In making an analysis, a review was
conducted of the surrounding areas. The review resulted in identifying general
benefits that accrued to properties outside the Assessment District.
College Boulevard is designated as a major arterial roadway and will be
constructed from Carlsbad Village Drive south to connect to Cannon Road. Four
lanes are proposed to be constructed. Two lanes are required to serve the
estimated volume of traffic generated by the Assessment District parcels.
Two center lanes (one in each direction) are required for through traffic
originating outside of the Assessment District. The costs associated with the
construction and placement of the asphalt and aggregate base for the two
center lanes have been determined to be a general benefit and will not be
assessed to parcels within the Assessment District.
Cannon Road is also designated as a major arterial roadway. Previously,
Cannon Road did not exist east of El Camino Real. Four lanes are proposed to
be constructed. Two lanes are required to serve the estimated volume of
traffic generated by the Assessment District parcels. Two center lanes (one in
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 23
each direction) are required for through traffic originating outside of the
Assessment District. The costs associated with the construction and placement
of the asphalt and aggregate base for the two center lanes have been
determined to be a general benefit and will not be assessed to parcels within the
Assessment District.
Based on the estimated roadway construction costs, the cost of the roadway
aggregate base and asphalt pavement to provide the two center lanes for
both College Boulevard and Cannon Road is approximately $476,471. The
grading beneath the two center lanes of each roadway benefits the
Assessment District because it provides lateral support to the Assessment
District paved lanes. This grading can not be eliminated from the overall roadway
grading without constructing retaining walls that would unreasonably increase
the Assessment District cost Therefore all of the College Boulevard and
Cannon Road grading provides special benefit to the Assessment District
Properties.
The total cost of the General Benefit has been deducted from the audited
Purchase Price of the completed core improvements for College Boulevard,
Reach B and Reach C and Cannon Road, Reach.3. No further deduction for
General Benefit is required from the Series B bond proceeds.
D.PROPORTONtNG SPECIAL BENEFTTS
D-1 Land Use Categories
The following land use categories are included in the Assessment District:
single-family detached and single-family attached residential, apartments
(affordable housing), elementary school, public park, fire station, community
facilities , home owners association recreation areas and open space.
The non-active and undeveloped open space areas do not receive
special benefit from the works of improvements and will not be
assessed. Open space areas are those areas that are deeded or
perpetually designated in easements.
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City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 24
D-2 Proportionate Special Benefit of Roadway Improvements
Trip Generation Factors for Roadway Improvements
The use of and need for roadway improvements is a function of the
number of vehicle trips per day generated by the use of the land
served by the streets. Traffic engineers have developed traffic
generation factors, which are related to development density and
type of land use. Therefore, trip generation is an appropriate basis for
apportioning roadway improvements and related costs among the
specially benefited parcels. The trip generation factors will be estimated
from the July 1998, SANDAG Trip Generation Manual and weighted as
explained below.
SANDAG categorizes trips as primary, diverted and pass-by. This
analysis uses only the primary trip percentages for the non-residential
land use categories to avoid double counting of the residential trips.
Single Family Detached Trip Generation
The Average Daily Trips (ADT) per detached single-family dwelling is
10 ADT. The Assessment District single-family dwelling product types
are similar to the SANDAG study areas.
Single Family Attached Trip Generation
The Average Daily Trips per attached dwelling unit or for a
condominium unit is 8 ADT.
Apartment Affordable Housing Trip Generation
The Average Daily Trips for each affordable housing unit, based on the
1998 SANDAG Trip Generation Manual for apartments, is 6 ADT.
School Trip Generation
The Average Daily Trips for an elementary school is 60 ADT per net
acre. The primary trip percentage for an elementary school site is 57%.
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City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 25
Community Facility Trip Generation
The Average Daily Trips rates for a community facility use is
equivalent to a day care use, which is permitted in this use category
and mentioned as a possible use in the Master Plans. The Average
Daily Trips rates for day care use is 80 ADT per 1,000 square feet.
The Floor Area Ratio for the day care sites is estimated at 0.1 of
building per net land area. Therefore, the 80 ADT per 1,000 square
feet is equivalent to approximately 348 ADT per net acre (80 times
43,560/1,000 times 0.1). The primary trip percentage for a day care is
28%.
Home Owners Association/Community Recreation Areas Trip Generation
The Average Daily Trips generation for the home owner's
association (HOA)/community recreation areas with parking, which is
equivalent to a neighborhood park, is 5 ADT per net acre. The
primary trip percentage for a neighborhood park is 66%.
Public Park Trip Generation
The Average Daily Trips generation for a regional park is 20 ADT per
net acre. The primary trip percentage for a regional park is 66%.
Fire Station Trip Generation
The Average Daily Trips rates for a fire station use is similar to an
industrial storage facility which is 30 trips per net acre. The primary
trip percentage is 92 %.
College Boulevard and Cannon Road, Core Improvements - College
Boulevard and Cannon Road Core Improvement roadway costs specially
benefit all of the village planning areas in Benefit Area No. 1 and 2 as well
as village planning areas 12 and 13 in Robertson Ranch West, located
outside of the Assessment District boundary. Therefore, College Boulevard
and Cannon Road Core Improvement roadway costs were allocated to the
assessment numbers for these village planning areas based on the ADT
generation factors.
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City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 26
College Boulevard, Reach C, Frontage Improvements - College
Boulevard, Reach C, Frontage Improvement roadway costs specially
benefit only those villages which front on, or adjoin Reach C. This includes
villages E-1, U, W, X and Y. Therefore, College Boulevard, Reach C
Frontage Improvement roadway costs were allocated to the assessment
numbers for these villages based on the ADT generation factors.
College Boulevard, Reach B and Cannon Road, Reach 3, Frontage
Improvements - College Boulevard, Reach B and Cannon Road, Reach 3,
Frontage Improvement roadway costs specially benefit only those village
planning areas which front on, or adjoin Reaches B and 3. This includes
village planning areas 14, 15, 16, 17, 18, 21, 22 and the Option Parcel (Fire
Station). Therefore, College Boulevard, Reach B and Cannon Road, Reach
3, Frontage Improvement roadway costs were allocated to the assessment
numbers for these village planning areas based on the ADT generation
factors. Village planning area 12 in Robertson Ranch West was not
included since the Developer will construct and pay for these Frontage
Improvements.
D-3 Proportionate Special Benefit of Utility Improvements
The most pertinent and reasonable utility improvement special benefit
variable is average daily demand. The detached single family home
will be the basic equivalence for measuring demand to other land use
categories.
Potable Water and Sewer
Water and sewer demand was obtained from the 2002 update of the
City of Carlsbad Water Master Plan. A summary of the water and
sewer usage is shown below:
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City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 27
Land Use
Single Family Detached
Single Family Attached
Non Residential
Potable Water and Sewer Usage
550 gallons / day
250 gallons / day
2,300 gallons / 10,000 SF /day
A single family detached unit has been assigned an equivalent dwelling
unit (EDU) weight of 1.0 EDU. By converting the gallons per day to EDU
we arrive at the following table:
Land Use
Single Family Detached
Single Family Attached
Non Residential
Potable Water and Sewer EDU
1.0 EDU /Unit
0.5 EDU / Unit
4.2 EDU/ 10,000 SF
The City of Carlsbad Water Master Plan estimates water demand for a
public park as 2.5 acre-foot per acre per year. This translates to 2,230
gallons per acre per day (2.5 x 43,560 x 7.48/365). Potable water
demand for park is estimated as 10% of the demand for recycled water
for irrigation, resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland.
The water and sewer costs were allocated to the appropriate frontage
improvements for each reach of the roadway as shown in Table 7 of
Appendix F. These allocated costs were then spread only to the
assessment numbers that specially benefit from such water and sewer
costs as shown in Table 8 of Appendix F and as set forth below:
College Boulevard, Reach C, Frontage Improvements - Water costs for
College Boulevard, Reach C, Frontage Improvement specially benefit only
parcels in Benefit Area No. 1.. The Assessment Diagram identifies a benefit
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City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 28
zone for the sewer improvements as Sewer Zone B. Sewer costs for
College Boulevard, Reach C, Frontage Improvement specially benefit only
Villages U, W, X and Y within Benefit Area No. 1, which are located within
Sewer Zone B, Therefore, water and sewer costs for College Boulevard,
Reach C, Frontage Improvement were allocated only to these villages based
on the applicable EOU factors and further limited for sewer costs to only the
area within Sewer Zone B.
College Boulevard, Reach B, and Cannon Road, Reach 3 Frontage
Improvements *- Water and sewer costs for College Boulevard, Reach B,
Frontage Improvement specially benefit all buildable parcels within Benefit
Area No. 2. The Assessment Diagram identifies a benefit zone for the
sewer improvements as Sewer Zone C. Therefore, College Boulevard,
Reach B, Frontage Improvement water and sewer costs were allocated to all
buildable parcels within Benefit Area No. 2 based on the applicable EDU
factors and further limited for sewer costs to only the area within Sewer
Zone C.
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City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 29
Summary of Special Benefit Factors
Land Use Category
Single Family
Detached
Single Family
Attached
Apartment (Affordable
Housing)
Elementary School
Community Facility
(Day Care)
HOA / Community Rec
Areas
Community (Regional)
Park
Fire Station
Roadway Improvements
ADT
10 /DU
8/DU
6/DU
60 /AC
80/1,000
SF
5 /AC
20 /AC
30/AC
Primary Trip
% Applied 1
-
-
-
57%
28%
66%
66%
92%
Adjusted
ADT
10 /DU
8/DU
6/DU
34.2 /AC
97.4 /AC
1.25 /AC
13.2 /AC
27.67 AC
Utilities
EDUs
1.0 /DU
0.5 / DU
0.5 / DU
4.2/10ksf
4.2 / 10ksf
4.2/10ksf
and per site
0.4 /AC
4.2/10ksf
1. Primary Trips are defined by SANDAG as 'one trip directly between origin and primary
destination."
Recycled Water
The recycled water system located within the public right-of-way will provide
irrigation water to (i) medians, parkways, and adjacent roadway slopes (in
and adjacent to the public streets and public easements) and trailhead
easements (ii) landscaped areas of the wetland mitigation (iii) landscaped
slopes and recreation lots within the home owners association open space
areas and (iv) landscaped areas of Basin BJB.
The recycled water system specially benefits only the four categories stated
above. Therefore, the recycled water system costs were allocated only to
the irrigated area of these four categories as shown in Table 2 of Appendix
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City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 30
F. The percentage of area in each category, determined from the total area
in ail three categories, was multiplied times the cost of the recycled water
system to arrive at the cost to be applied to each category. The resulting
recycled water system cost for the first category was added to the cost for
the street portion of College Boulevard, Reach C, Frontage Improvements
and spread to all of the assessment numbers that specially benefit from that
roadway. The resulting recycled water system cost for the second category
was added to the cost for the street portion of Core Improvements for
College Boulevard, Reaches B and C, and Cannon Road, Reach 3, and
spread to all of the assessment numbers that specially benefit from the
street portion of the Core Improvements. The resulting recycled water
system cost for the third category was spread to all of the residential units
within the homeowners association that specially benefits from the open
space areas. The resulting recycled water system cost for fourth category
was added to the cost for Basin BJB and Storm Drain BJA and spread to the
assessment numbers that benefit from those improvements.
No recycled water system costs were spread to Benefit Area No. 2 since
these improvements were constructed separate of the Assessment District.
Dry Utilities
The demand for dry utilities is considered to be similar to the factors
used for water and sewer as shown above. The dry utilities costs
(limited by the Internal Revenue Service to five percent of the bond issue
amount in order for the bonds to qualify for tax^exempt status) were
allocated based on EDU factors using the same methodology and the
same factors as were used in allocating water and sewer costs.
The dry utilities costs were allocated to the appropriate core and
frontage improvements for each reach of the roadway as shown in
Table 7 of Appendix F. These allocated costs were then spread only to
the assessment numbers that specially benefit from such dry utilities
costs as shown in Table 8 of Appendix F.
D-4 Proportionate Special Benefit of Storm Water Basin BJB and Storm
Drain BJA Improvements
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City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 31
The Assessment Diagram identifies a benefit zone for the Drainage Basin
BJB and Storm Drain BJA improvements. Drainage Zone A includes all of
the Assessment District parcels that drain by gravity and therefore benefit
from the Basin BJB and Storm Drain BJA improvements. Drainage Zone A
includes all of villages R, U and W plus portions of villages K, L-2 and X.
The remaining parcels in the Assessment District do not benefit from the
Basin BJB and Storm Drain BJA improvements.
The measure of benefit for Basin BJB and Storm Drain BJA improvements
is an assessment unit, which is equivalent to a single family lot located
within Drainage Zone A.
Basin BJB and Storm Drain BJA costs benefit only assessment numbers in
Drainage Zone A, as shown on the Assessment Diagram. Therefore, Basin
BJB and Storm Drain BJA costs were allocated only to assessment numbers
3, 4, 5, 6, 7 and 8 within Drainage Zone A based on the applicable
assessment unite. There was no assessment for Basin BJB and Storm
Drain BJA costs to the remaining assessment numbers.
D-5 Proportionate Special Benefit of 84" Storm Drain Pipeline Improvement
The 84-inch storm drain pipeline is a proposed alternative to the widening of
the Calavera Creek Channel (Channel Facility BJ) through the Rancho
Carisbad community as called for in the City's existing Master Drainage Plan
(MDP). Channel Facility BJ is needed to mitigate potential flooding impacts
to the Rancho Carlsbad Community and to El Camino Real and Cannon
Road. Peak drainage flows exiting Basin BJB will be diverted into the 84"
storm drain pipeline to reduce flows in Calavera Creek to an acceptable
level. In addition, drainage from Robertson Ranch which would normally flow
into Calavera Creek will be intercepted by the 84" pipeline.
To determine the share of the cost of the 84" storm drain pipeline to be
borne by Robertson Ranch and the share to be borne by Calavera Hills II,
the following procedure was followed:
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City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 32
1. The total estimated cost of the 84" Storm Drain Pipeline was
determined.
2. Robertson Ranch Share. The estimated cost of a Storm Drain
Pipeline to serve only the Robertson Ranch was determined. This
equated to a 54" Storm Drain Pipeline and this cost was allocated to
the Robertson Ranch.
3. Calavera Hills II Share. The difference in the estimated cost of the
84" Storm Drain Pipeline and the 54" Storm Drain Pipeline (the
incremental cost) is the share allocated to Calavera Hills II.
The calculation of the allocation of the shares is shown in Table 3H of
Appendix F.
The Assessment Diagram identifies two (2) benefit zones for the 84" Storm
Drain Pipeline and appurtenances, the first that benefits only certain
properties in Calavera Hills II and the second that benefits properties in
Robertson Ranch East It has been determined that no benefit accrues to
parcels in Robertson Ranch West since at ultimate development no
drainage will flow to the 84 inch pipeline.
The benefit zone that benefits the Calavera Hills II properties is Drainage
Zone A which includes only those Assessment District parcels within Benefit
Area No. 1 whose effluent drains by gravity into Basin BJB and is further
conveyed through the 84" Storm Drain Pipeline along the north frontage of
Cannon Road. Therefore, the Calavera Hills II share of the 84" Storm Drain
Pipeline costs were allocated only to assessment numbers 3, 4, 5, 6, 7 and
8 within Drainage Zone A based on the applicable assessment units. There
was no assessment for the 84"Storm Drain Pipeline costs to the remaining
assessment numbers in Calavera Hills II.
The benefit zone that benefits the Robertson Ranch East properties is
Drainage Zone B which includes only those Assessment District parcels
within Robertson Ranch East ( Benefit Area No.2) whose effluent drains by
gravity into the 84" Storm Drain Pipeline located along the north frontage of
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City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 33
Cannon Road. Therefore, the Robertson Ranch East sham of the 84"Storm
Drain Pipeline costs were allocated only to assessment numbers 10-1, 10-2,
10-4, 10-5 and 10-6.within Robertson Ranch East located north of Cannon
Road and assessed based on the gross acres of each parcel.
D-6 Proportioning Formation, Issuance and Financing Costs
The costs to form this Assessment District, including the costs of issuance,
have been determined to be eligible for inclusion in the Assessment
District funding. These costs that cannot be assigned directly to any one of
the benefit components and therefore have been separated into a separate
component for purposes of defining special benefits and allocating costs on
a pro-rata basis relative to the improvement costs associated with
each parcel as shown in Table 10 of Appendix F. The financing costs
(bond discount and bond reserve), including capitalized interest, have
also been assessed on a pro-rata basis relative to the improvement
costs associated with each parcel.
E. PROCLAMATIONS
E-1 Assessments are equal to or less than the proportional special
benefit each parcel receives
The special benefit received from the Assessment District improvements
exceeds the assessment allocated to each parcel. The improvements
provided will increase the value of each parcel by more than the
assessment levied upon it. To ensure that the assessments will be equal to
or less than the proportional special benefit conferred, a review was made of
similar properties in the vicinity. Comparison of recent sales records
indicated that the average price per square foot of raw land increased in an
amount greater than the costs of the assessments per square foot after
backbone roadway and utility improvements were in place.
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City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 34
E-2 Reasonableness and Justification of Assessments
It is well known and understood by the development community that public
infrastructure is required for raw land to develop to its highest and best
use. After the passage of Proposition 13 and Assembly Bill 1600,
developers and investors realize that they must provide the public
infrastructure to support their developments without burdening existing
properties. The Assessment District improvements are estimated to add
9% or more value to each parcel's overall value. A review of other
developments has shown that this percentage is consistent with the costs
of providing backbone access and utilities to raw land in similar
developments. Therefore this Assessment levy is reasonable in relationship
to the added value the improvements provide to the parcels.
E-3 Future Apportionment of Special Benefit
Special benefit will accrue to each parcel created by the subdivision of the
property within the Assessment District. Since certain existing parcels within
the Assessment District will not, at the time of formation of the Assessment
District, have been subdivided into final lots, the initial assessments
established at the time of formation of the Assessment District will be placed
in the aggregate on the assessors parcels existing at the time of formation of
the Assessment District. An assessment levied on a parcel existing at the
time of formation of the Assessment District will be apportioned among those
parcels created by the subsequent subdivision of such existing parcel.
Assessments apportioned to any parcel created by the subdivision of an
existing parcel which is to be owned by a public agency (each, a "Public
Parcel") or a non-profit 501(c)(3) organization (each, a "501(c)(3) Parcel") or
a home owners association (each, a "HOA Parcel") must be paid off in full
prior to the recordation of the final subdivision map creating such Public
Parcel or 501(c)(3) Parcel or HOA Parcel or contributed by the Developer as
a reduced purchase price for improvements to be acquired pursuant to the
Acquisition/Financing Agreement. The City shall not provide to the owner or
subdivider of such existing parcel a certificate as required by Government
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007 I Q
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 35
Code Section 66493(f) for any subdivision certifying that the City Council has
determined that provision has been made for the segregation of the
responsibility of each of the proposed new parcels for a portion of the
assessment unless payment in full of the assessments apportioned to all
Public Parcels, 501(c)(3) Parcels and HOA Parcels created by such
subdivision has been received by the City or otherwise contributed as
described above.
It is the City of Carlsbad's policy that final lots that receive similar special
benefit also have similar final assessments. If the future subdivision of
any planning area does not yield the estimated number of dwelling units, the
City reserves the right to require upon application of assessment
reapportionment, that a portion of the outstanding assessment be paid
by the property owners to ensure that the assessments remain consistent
within and between the planning areas as further provided in the
Acquisition/Financing Agreement. All reapportionments will be subject to
City of Carlsbad policies and procedures.
FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER
The undersigned, Richard K. Jacobs, hereby finds and determine as follows:
A. The proportionate special benefit derived by each parcel proposed to be
assessed has been determined in relationship to the entirety of the costs
of the improvements to be funded from the proceeds of the bonds issued
for the Assessment District and the cash collections.
B. No assessment is proposed to be imposed on any parcel which exceeds
the reasonable cost of the proportional special benefit conferred on that
parcel.
C. Only special benefits have been assessed.
D. Parcels within the Assessment District that are owned or used by any
agency, the State of California or the United States and which receive a
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City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 36
special benefit from the improvements have been assessed accordingly.
In conclusion, it is my opinion that the amended and restated assessments for
the referenced Assessment District have been spread in direct accordance with
the estimated special benefits mat each parcel receives from the improvements.
Dated:/j^dav . 200.5
1ICHARD K. JACQpS, P.E.
R.C.E, No. 18,191 (Expires 06/2009)
ASSESSMENT ENGINEER
CITY OF CARLSBAD
SAN DIEGO COUNTY
STATE OF CALIFORNIA
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City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 37
I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA
do hereby certify that the foregoing amended and restated Assessment, together
with the amended and restated Diagram attached thereto, was filed in my office
on the /^ day of ^^^_^ 200j£
CTPfCLI
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA do hereby certify that the foregoing amended and
restated Assessment, together with the amended and restated
Diagram attached thereto, was preliminarily approved by the City Council
of the CITY OF CARLSBAD, CALIFORNIA, on
of o^L 2007.
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA do hereby certify that the foregoing amended and
resfatedAssessment, together with the amended and restated
Diagram attached thereto, was approved and confirmed by the City
Council of said City on the C>?A-/-~ day of
CITY OF CARLSBAD
STATE OF CALIFORNIA
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 38
I, GLENN PRUIM, Superintendent of Streets of the CITY OF CARLSBAD,
CALIFORNIA do hereby certify that the foregoing amended and restated
Assessment, together with the amended and restated Diagram attached thereto,
was filed in my office on the /£ day of OcrogE/? , 2007.
SUPERINTENDENT
STREETS
CITY OF CARLSBAD
STATE OF CALIFORNIA
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 39
Part IV
Annual Administrative Assessment
A maximum annual administrative assessment authorized at the time of
formation of the Assessment District shall be levied on each parcel of land
and subdivision of land within the Assessment District specially
benefiting from the improvements and for which the assessment is
unpaid to pay for necessary costs and expenses incurred by the City of
Carlsbad, and not otherwise reimbursed, resulting from the administration
and collection of assessments and/or from the administration or
registration of any associated bonds and reserve or other related funds.
This maximum assessment hereinafter set forth is authorized pursuant to
the provisions of Section 10204(f) of the Streets and Highways Code, and
said maximum assessment shall not exceed five percent (5.0%) of the
annual assessment per individual assessment parcel per year.
The annual administrative assessment will be collected in the same manner
and in the same installments as the amended and restated assessment
levied to pay for the cost of the improvements.
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007 ^~\ O
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 40
PartV
Amended and Restated Diagram of Assessment District
Reduced copies of the Amended and Restated Assessment Diagram are
shown on the following pages. Full-size copies of the Amended and
Restated Assessment Diagram are on file in the Office of the City Clerk, of
the City of Carlsbad.
As required by the Assessment Law, the Amended and Restated
Assessment Diagram shows the exterior boundaries of the Assessment
District and the assessment number assigned to each parcel of land
corresponding to its number as it appears in the Amended and Restated
Assessment Roll contained in Part III. The Assessor's parcel number is also
shown for each parcel as they existed at the time of the passage of the
Resolution of Intention to Consider Modifications and reference is hereby
made to the Assessor's Parcel Maps of the County of San Diego for the
boundaries and dimensions of each parcel of land.
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
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City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 41
Part VI
A. Amended and Restated Description of Improvements
The Assessment Law provides for the legislative body of any municipality to
finance certain capital facilities and services within or along its streets or any public
way or easement. The following is an Amended and Restated list of proposed
improvements as allowed under the Assessment Law to be acquired, installed,
maintained, repaired or improved under the provisions of the Assessment Law.
For the general location of the improvements to be acquired reference is hereby
made to the Plans and Specifications described in Part I of this Amended and
Restated Report. The amended and restated improvements include the following:
Improvement No. 1. College Boulevard/Cannon Road connection as follows:
College Boulevard from Cannon Road to Carlsbad Village Drive
College Boulevard from south end of Calavera Hills II development to Carlsbad Village Drive (Reach C,
full width) - full width grading to major arterial standards including slopes not adjacent to development
and any surcharge (but not to include grading outside of the right-of-way in future developed areas),
additional grading and improvements for meandering regional trail for bicycles and pedestrians in a
public trail easement which is a part of the City-wide trail system, asphalt pavement to major arterial
standard width on each side of a raised improved (hardscaping, landscaping and irrigation) median,
modification of existing median north of Carlsbad Village Drive to provide left turn pocket non-master
plan storm drain facilities (which excludes any Drainage Master Plan facilities subject to reimbursement
from Local Drainage Area Fees), curb, gutter and sidewalk, bus turnout and furniture, street lighting,
median curb, sewer, water and reclaimed water lines and appurtenances (excluding any portion of such
costs reimbursable from sewer and/or water connection fees), erosion control landscaping and irrigation
(located within an easement granted to the City), traffic signal at Carlsbad Village Drive and College
Boulevard (excluding those portions reimbursed from Traffic Impact Fees and Public Facilities Fees),
striping and signage, protection and relocation of existing utilities as required, dry utilities1 within the
right-of-way, as well as environmental mitigation costs1 and incidental costs of construction as described
in the Acquisition/Financing Agreement
College Boulevard from Cannon Road to south end of Calavera Hills II development (Reach B center
lanes) - full width grading to major arterial standards including slopes not adjacent to development and
any surcharge (but not to include grading outside of the right-of-way in future developed areas),
additional grading for meandering regional trail for bicycles and pedestrians in a public trail easement
which is a part of the City-wide trail system, 18 feet of pavement on each side of a raised unimproved
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 42
(with an AC cap) median, non-master plan storm drain facilities
(which excludes any Drainage Master Plan facilities subject to reimbursement from Local Drainage Area
Fees), median curb, sewer, water and reclaimed water lines and appurtenances (excluding any portion of
such costs reimbursable from sewer and/or water connection fees), erosion control landscaping and
irrigation (located within an easement granted to the City), transition to full improvements at inlet
locations, southerly boundary of Calavera Hills and Cannon Road intersection including curb, gutter and
additional paving, traffic signal at Cannon Road and College Boulevard (excluding those portions
reimbursed from Traffic Impact Fees and Public Facilities Fees), striping and signage, protection and
relocation of existing utilities as required, as well as environmental mitigation costs1 and incidental costs
of construction as described in the Acquisition/Financing Agreement.
Cannon Road from El Camino Real to College Boulevard (Reach 3 center lanes) - full width grading to
major arterial standards including slopes not adjacent to development and any surcharge (but not to
include grading outside of the right-of-way in future developed areas), additional grading for meandering
regional trail for bicycles and pedestrians in a public trail easement which is a part of the City-wide trail
system, 18 feet of pavement on each side of a raised unimproved (with AC cap) median, any transition
improvements needed along El Camino Real, non-master plan storm drain facilities (which excludes any
Drainage Master Plan facilities subject to reimbursement from Local Drainage Area Fees), street lighting
(partial), median curb, sewer, water and reclaimed lines and appurtenances (excluding any portion of
such costs reimbursable from sewer and/or water connection fees), erosion control landscaping and
irrigation (located within an easement granted to the City), transition to full improvements at inlet
locations and Cannon Road with College Btvd and El Camino Real intersections including curb, gutter
and additional paving, signal modification at Cannon Road and El Camino Real (excluding those portions
reimbursed from Traffic Impact Fees and Public Facilities Fees), striping and signage, as well as
environmental mitigation costs1 and incidental costs of construction as described in the
Acquisition/Financing Agreement.
Detention Basin BJB (partial) - grading and construction of a 49 acre-foot Drainage Master Planned
storm water retention basin, access road, and outlet structure (excluding any portion of the costs subject
to reimbursement from Local Drainage Area Fees), as well as environmental mitigation costs1 and
incidental costs of construction as described in the Acquisition/Financing Agreement.
Improvement No. 2. College Boulevard from Cannon Road to south end of Calavera Hills II
development (Reach B frontage improvements) - traffic control, demolition of interim and abandoned
improvements, 12.5 feet of pavement (outside lanes), curb and gutter, non-master plan storm drain
facilities ( which excludes any Drainage Master Plan facilities subject to reimbursement from Local
Drainage Area Fees) meandering sidewalk including grading, meandering trail including grading, fencing,
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007 >? In
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 43
and trail markers, street lighting, reclaimed water services, median hardscape, landscape and irrigation,
dry utilities within the right-of-way (subject to an IRS maximum limit of 5% of the construction cost), bus
turnout and furniture striping and signage, traffic signals and appurtenances (excluding those portions
reimbursed from Traffic Impact Fees and Public Facilities Fees) and appurtenances, arterial road
setback landscaping and irrigation, as well as environmental mitigation costs and incidental costs of
construction to the extent permitted as described in the Acquisition/Financing Agreement
Improvement No. 3. Cannon Road from El Cam/no Real to College Boulevard (Reach 3 frontage
improvements) -traffic control, demolition of interim and abandoned improvements, 12.5 feet of
pavement (outside lanes), curb and gutter, non-master plan storm drain facilities ( which excludes any
Drainage Master Plan facilities subject to reimbursement from Local Drainage Area Fees), meandering
sidewalk including grading, meandering trail including grading, fencing, and trail markers, street lighting,
water main extension with appurtenances in El Camino Real and Cannon Road, reclaimed water
services, median landscape and irrigation and median paving, under grounding of existing electric,
telephone and cable TV, dry utilities within the right-of-way (subject to an IRS maximum limit of 5% of the
construction cost), striping and signage, traffic signals and appurtenances (excluding those portions
reimbursed from Traffic Impact Fees and Public Facilities Fees) and appurtenances, arterial road
parkway landscaping and irrigation, as well as environmental mitigation costs and incidental costs of
construction to the extent permitted as described in the Acquisition/Financing Agreement.
Improvement No. 4. 84" Storm Drain Pipeline (along Cannon Road Frontage)-84" RCP storm drain
pipeline and appurtenances from the existing box culvert (Basin BJB exit works) near the College
Boulevard and Cannon Road intersection to the outlet at 200± feet east of El Camino Real, modifications
to the existing box culvert to accommodate connection to the 84" RCP including splitter wall, rip-rap
outlet, access road to drain outlet, 10'x 4' box culvert, modification of existing weir wall, approach apron
and installation of rip rap at outlet of existing box culvert and incidental costs of construction to the extent
permitteefasdescribee[in[the Aoquisitjjori^inancing Agreement.
Notes:
I/ The aggregate amount of the cost of dry utilities or mitigation land which
are to be owned by an entity other than a "political subdivision" as such
term is used in the Internal Revenue Code and regulations of the Internal
Revenue Service which may be financed from the proceeds of tax exempt
bonds issued for the Financing District shall be limited to 5% of the
proceeds of such bonds which are eligible to be used to finance the
acquisition of the Improvements.
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007 <^ rf
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 44
B. Right-of-Way Certificate
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
The undersigned, GLENN PRUIM, hereby CERTIFIES UNDER PENALTY OF
PERJURY that the following is all true and correct.
That at all times herein mentioned, the undersigned was, and now is, the duly
appointed SUPERINTENDENT OF STREETS of the CITY OF CARLSBAD,
CALIFORNIA.
That there have now been instituted proceedings pursuant to the provisions of the
Municipal Improvement Act of 1913, being Division 12 of the Streets and
Highways Code of the State of California (the "Improvement Act"), Article XIIID of
the Constitution of the State of California ("Article XHID"), and Proposition 218
Omnibus Implementation Act, Section 53750 and following of the Government
Code (the "Implementation Acf) (the Improvement Act, Article XIIID, and the
Implementation Act are collectively referred to as the "Assessment Law") and the
City of Carlsbad Municipal Code, as Amended and Restated, for the construction
of certain public improvements in a special assessment district known and
designated as ASSESSMENT DISTRICT NO. 2003-01 (College Boulevard
and Cannon Road East) (hereinafter referred to as the "Assessment
District").
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
It is acknowledged that the proposed Improvements must be located within
public rights-of-way, land, or easements owned by or licensed to the CITY
OF CARLSBAD, County of San Diego, State of California, at the time of the
acquisition of the Improvements, and the undersigned hereby further certifies
that all rights-of-way necessary for the Improvements will be obtained and in
possession of the City, County, or State prior to acceptance by the City of Carlsbad.
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
City of Carlsbad - Assessment District No. 2003-01 (College Boulevard and Cannon Road East) Page 45
EXECUTED this /_ t> r" day of o c r°&e« 200_7, at City of Carlsbad,
California.
Superintendent of Streets/Public Works
Director City of Carlsbad
State of California
Public Works Director/Superintendent of Streets
Prepared by MuniFinancial / Dick Jacobs Associates September 14, 2007
APPENDIX A
Resolution of Intention
Exhibit 2
1 RESOLUTION NO. 2007-085
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION
3 TO CONSIDER ORDERING CERTAIN CHANGES AND
4 MODIFICATIONS IN THE IMPROVEMENTS ORDERED TO
BE ACQUIRED AND THE ASSESSMENTS LEVIED
5 WITHIN BENEFIT AREA NO. 2 OF ASSESSMENT
DISTRICT NO. 2003-01 (COLLEGE BOULEVARD AND
6 CANNON ROAD EAST) AND THE SEGREGATION AND
APPORTIONMENT OF ASSESSMENTS WITHIN SUCH
7 ASSESSMENT DISTRICT AS THE RESULT OF THE
SUBDIVISION OF PROPERTY THEREIN8
9 WHEREAS, the City Council of the City of Carlsbad (the "City"), California, has
10
previously undertaken proceedings to form an assessment district, to designate two
11
benefit areas therein and to levy assessments therein to finance the acquisition of
12
certain public improvements pursuant to the terms and provisions of the "Municipal
14 Improvement Act of 1913" (Streets and Highways Code Section 10000 and following)
15 (the "Improvement Act"), Article XIIID of the Constitution of the State of California
16 ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government
17 Code Section 53750 and following) (collectively, the "Assessment Law"), such
18 assessment district known and designated as Assessment District No. 2003-01 (College
19 Boulevard And Cannon Road East) (the "Assessment District"); and,
20 WHEREAS, subsequent to the formation of the Assessment District and the levy
21
of assessments therein pursuant to the Assessment Law:
22
A. The City issued the City of Carlsbad Assessment District No. 2003-0123
(College Boulevard and Cannon Road East) Benefit Area No. 1 (Calavera Hills II)
25 Limited Obligation Improvement Bonds in the principal amount of $11,730,000 secured
26
9/
28
Exhibit 2
1 by the unpaid assessments levied on the properties within Benefit Area No. 1 of the
2 Assessment District;
3 B. Calavera Hills II, LLC (the "Developer"), the owner and developer of the
4
property within the Assessment District, has proposed to construct an 84" diameter
5 storm drain along Cannon Road (the "Cannon Road Storm Drain") in lieu of constructing
6
improvements to the channel along the south side of Cannon Road and has requested
7
that the City initiate proceedings to add the Cannon Road Storm Drain to the8
g improvements ordered to be acquired through the Assessment District and to modify the
10 assessments within Benefit Area No. 2 of the Assessment District to reflect the special
11 benefit to be received by the properties within Benefit Area No. 2 from the Cannon Road
12 Storm Drain; and
13 C. The property within the Assessment District has been further subdivided
14 necessitating the segregation and apportionment of the original assessments within the
parcels created as a result of the subdivision of such properties; and
16
WHEREAS, the City Council desires to consider the modifications to the
17
improvements ordered to be acquired through the Assessment District to include the
Cannon Road Storm Drain and to the assessments levied within Benefit Area No. 2 and
20 to order the segregation and apportionment of the assessments within the parcels
21 created as a result of the subdivision of the properties within the Assessment District;
22 and
23 WHEREAS, the City Council has received an Amended and Restated Final
24 Engineer's Report (the "Amended Engineer's Report") prepared by Dick Jacobs
25
Associates, assessment engineer to the City for these proceedings (the "Assessment
26
.
28
Exhibit 2
1 Engineer"), describing the changes proposed to be made, including the Cannon Road
2 Storm Drain proposed to be ordered to be acquired, the amount of the estimated
3 increase in the cost of the improvements by reason of the proposed inclusion of the
4 Cannon Road Storm Drain as part of such improvements, the increase and modification
5 of the assessments levied on the parcels within Benefit Area No. 2 to reflect the special
6
benefit received by such parcels from the Cannon Road Storm Drain and setting forth
7
an amended diagram of the Assessment District and the segregation and8
9 apportionment of the assessments originally levied within the Assessment District to
10 reflect the subdivision of the property within the Assessment District; and
11 WHEREAS, pursuant to Streets and Highways Code Sections 8732 and 10353 it
12 is necessary for this City Council to adopt a resolution to (1) briefly describe the
13 proposed changes within the Assessment District, (2) give notice of the time and place
14 for a public hearing where (a) persons may appear and show cause why such changes
should not be ordered and/or (b) all persons interested in the original assessment, or in
16
the lands affected thereby or in the bonds secured thereby, may appear and protest
17
against the segregation and apportionment of the assessments and (3) order the18
initiation of assessment ballot proceedings to enable the owners of the properties within
20 Benefit Area No. 2 to express their support for or opposition to the proposed increase in
21 the assessments levied on such properties.
22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
23 Carlsbad, California, as follows:
24 1. Recitals. The above recitals are all true and correct.
25
26
27
3 93
28
Exhibit 2
1 2. Amended Engineer's Report. The Amended Engineer's Report as
2 received by this City Council is hereby adopted, passed upon, and preliminarily
3 approved. A copy of the Amended Engineer's Report shall be kept on file in the Office of
4 the City Clerk and shall be available for inspection during normal business hours of
5 such office.
6
3. Declaration of Intention. The public interest, convenience and necessity
7
require, and it is the intention of this City Council to consider, changing the8
„ improvements ordered to be acquired to include the Cannon Road Storm Drain and
10 increasing the assessments levied on the properties within Benefit Area No. 2 to reflect
11 the special benefit received by such properties from the Cannon Road Storm Drain. It is
12 the further intention of this City Council to order the segregation and apportionment of
13 the original assessments to reflect the subdivision of the properties within the
14 Assessment District.
15 4. Description of Proposed Changes within the Assessment District. Reference
16
is made to the Amended Engineer's Report for a description of the proposed changes to
17
be made in the Assessment District, including a description of the change in the18
improvements ordered to be acquired to include the Cannon Road Storm Drain, the
20 estimated increase in the cost of the improvements resulting from the inclusion of the
21 Cannon Road Storm Drain and the proposed increase in the assessments levied on the
22 properties within Benefit Area No. 2 of the Assessment District to reflect the special
23 benefit to be received by such properties from the Cannon Road Storm Drain.
S\A 5. Proposed Segregation and Apportionment of the Original Assessments.
25
Further reference is made to the Amended Engineer's Report for amended diagram of
2627 ^ <
28
Exhibit 2
1 the assessment district and the segregation and apportionment of the original
2 assessments to reflect the subdivision of the properties within the Assessment District.
3 6. Notice of Public Hearing. Notice is hereby given that a public hearing is
4
hereby scheduled to be held at the City Council meeting room of the City of Carlsbad
5 located at 1200 Carlsbad Village Drive, Carlsbad, California 92008 on June 19, 2007 at
6
6:00 p.m. At such time all persons may appear and (a) show cause why the proposed
7
changes in the Assessment District described in paragraph 4 above should not be made
o
9 and/or (b) protest against the proposed segregation and apportionment of the
in assessments.
11 7. Initiation of Assessment Ballot Proceedings. Pursuant to the provisions of the
12 Assessment Law, the record owner of each parcel within Benefit Area No. 2 for which
13 the original assessment is proposed to be increased to reflect the special benefit from
14 the Cannon Road Storm Drain has the right to submit an assessment ballot in favor of
15 or in opposition to the proposed increase in such assessment.
16
Assessment ballots will be mailed to each such record owner. Each such owner
17
may complete such assessment ballot and thereby indicate such owner's support for or
18
opposition to the proposed increase in the assessment levied against such owner's
20 property. All such assessment ballots must be received by the City Clerk at the
21 following address at or before the time set for the close of the public hearing:
22 City Clerk
23 City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
25
26
28
Exhibit 2
1 An assessment ballot received after the close of the public hearing will not be
2 tabulated even though the postmark on the envelope transmitting the assessment ballot
3 is dated on or before the date of the public hearing.
4
At the conclusion of the public hearing, the City Council shall cause the
5 tabulation, pursuant to Government Code Section 53753, of the assessment ballots
6
timely received. If a majority protest, as described below, exists the City Council shall
7
not increase the assessments within Benefit Area No. 2. A majority protest exists if the
o
g assessment ballots submitted, and not withdrawn, in opposition to the proposed
10 increase in assessment exceed the assessment ballots submitted, and not withdrawn,
11 in favor of such proposed increase in assessment. In tabulating the assessment ballots,
12 each assessment ballot shall be weighted by the amount of the proposed increase in
13 the assessment to be imposed upon the identified parcel for which such assessment
14 ballot was submitted.
For purposes of tabulating the assessment ballots for these proceedings as
16
required pursuant to the Assessment Law, the City Council hereby designates the City
17
Clerk to act as the tabulation official to tabulate the assessment ballots submitted.18
8. City Clerk. The City Clerk is hereby directed to mail or cause to be mailed
2Q notice of the public hearing, together with the assessment ballot materials, to the record
21 owner of each parcel within Benefit Area No. 2 for which the assessment is proposed to
22 be increased. Such mailing shall occur not less than 45 days before the date set for the
23 public hearing.
24
25
26
27 .
28
Exhibit 2
1 The City Clerk is further directed to publish a copy of this resolution in a
2 newspaper of general circulation within the City. Such publication shall occur not less
3 than fifteen (15) days before the date set for the public hearing.
4 //
5
6 //
7
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9 //
10
11 "
12 //
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14 //
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17 //
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20 „
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22 "
23 //
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25 //
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28
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6
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 24th day of April 2007, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard
NOES: None
ABSENT: None
/c
APPENDIX B
Acquisition/Financing
Agreement
I O I 1"
SECOND AMENDMENT TO ACQUISITION/FINANCING AGREEMENT
This Second Amendment to Acquisitioa'Financing Agreement ("Second
Amendment") by and between the City of Carlsbad, a municipal corporation duly organized and
validly existing under the Constitution and laws of the State of California (the "City"), and
Calavera Hills II, LLC, a California limited liability company (the "Developer"), is made and
entered into this *74*"> day of fefeirtjouru., 2007.
RECITALS
WHEREAS, City and Developer entered into that certain Acquisition/Financing
Agreement dated December 11, 2002 (the "Original Agreement") and that certain First
Amendment to Acquisition/Financing Agreement dated September 16, 2003 (the "First
Amendment") amending the Original .Agreement (the Original Agreement, as amended by the
First Amendment, is referred to as the "Existing Agreement"); and
WHEREAS, the Existing Agreement established the terms and conditions
pursuant to which the Developer would construct certain identified Improvements (as defined in
the Original Agreement) and the City would acquire such Improvements from the proceeds of
bonds to be issued by the City if the City formed a Financing District (as defined in the Original
Agreement) and the authorization for the levy of special assessments or special taxes was
approved by the owners of property within the Financing District and the issuance such bonds
was approved; and
WHEREAS, City and Developer completed proceedings to form a Financing
District designated as Assessment District No. 2003-01 (College Boulevard and Cannon Road
East) (the "Assessment District") consisting of two distinct benefit areas identified as "Benefit
Area No. 1" and "Benefit Area No. 2"; and
WHEREAS, in 2004 the City issued its City of Carlsbad Assessment District No.
2003-01 (College Boulevard and Cannon Road East) Benefit Area No. 1 (Calavera Hills II)
Limited Obligation Improvement Bonds (the "Benefit Area No. 1 Bonds") in the principal
amount of $11,760,000 secured by the assessments levied within Benefit Area No. 1 to finance
that portion of the costs of the acquisition of the Improvements representing the special benefit
from such Improvements received by the properties within Benefit Area No. 1; and
WHEREAS, Developer in order to proceed in a timely manner with the
development of its property known as Robertson Ranch East located within Benefit Area No. 2 is
required to construct an 84" storm drain along the Cannon Road frontage and more particularly
described in Attachment A hereto (the "Storm Drain Improvements") and has requested that the
City initiate proceedings to modify the Improvements authorized to be financed through the
Assessment District to include the Storm Drain Improvements; and
WHEREAS, Developer has further requested that the Existing Agreement be
amended to revise the Improvements to include the Storm Drain Improvements and to provide
MP/SDPUB\WDIVEVJ4()4I3.I I CD
that the City agree to acquire the Storm Drain Improvements upon the completion of the
construction thereof by the Developer; and
WHEREAS, the City is willing to amend the Existing Agreement to provide for
the acquisition by the City of the Storm Drain Improvements subject to the requirements of both
the Financing District Law (as defined in the Existing Agreement), the City's Financing District
Policies (as defined in the Existing Agreement) and the terms and conditions of the Existing
Agreement, as amended by this Second Amendment.
NOW, THEREFORE, it is mutually agreed between the respective parties as
follows:
1. Recitals. The above recitals are all true and correct.
2. Definitions. Capitalized terms not otherwise defined in this Second
Amendment shall have the meanings ascribed to them in the Existing Agreement.
3. Amendments.
(a) Subject to the successful completion of the Modification
Proceedings (defined below), the Improvements are modified to include the Storm Drain
Improvements. Exhibit "B" of the Existing Agreement is amended to add the Storm Drain
Improvements as Improvement No. 4, to be described as set forth in Attachment A hereto
(b) Payment of the Purchase Price for Storm Drain Improvements.
Except as provided in this Second Amendment, the Purchase Price for Storm Drain
Improvements shall be determined and shall be paid pursuant to the provisions of Section 7 of
the Existing Agreement. Bond proceeds that shall be eligible to purchase the Storm Drain
Improvements shall be limited to such proceeds as may be authorized pursuant to the
Modification Proceedings. Upon completion of the construction, satisfaction of all conditions
precedent as set forth in the Existing Agreement and acceptance by the City of the Storm Drain
Improvements, the Purchase Price (as defined in the Existing Agreement) thereof shall be paid as
follows:
(i) Developer shall be entitled to credit against the City's local
area drainage fees imposed in connection with the development within the
Robertson Ranch East Property in the amount of $434,000.
(ii) $969,000 shall be paid by the City from the local area
drainage fee fund,
(iii) an amount not to exceed that portion of the Purchase Price
for the Storm Drain Improvements representing the special benefit of the Storm
Drain Improvements received by properties within Benefit Area No. 1 shall be
paid from the proceeds of the Bonds secured by the assessments levied within
Benefit Area No. 1 if and to the extent that such proceeds are available for such
purpose, and
MP/SDPUB\WD1VEN\340413.1
(iv) an amount not to exceed that portion of the Purchase Price
representing the special benefit of the Storm Drain Improvements received by
properties within Benefit Area No. 2 shall be paid from the proceeds of Bonds to
be secured by the assessments levied within Benefit Area No. 2 if and to the
extent that such proceeds are available for such purpose.
4. Modification Proceedings. The City agrees to initiate proceedings to
consider the modification of the Improvements to include the Storm Drain Improvements, to
allocate the cost of the construction of the Storm Drain Improvements to the properties within
Benefit Area Nos. 1 and 2 based upon the special benefit to be received by such properties from
the Storm Drain Improvements and to modify the assessments previously levied within Benefit
Area No. 2 to include the special benefit received by the properties within Benefit Area No, 2
from the Storm Drain Improvements. Successful completion of the Modification Proceedings
shall be deemed to have occurred upon (a) the determination that a majority protest to the
increase in the assessments levied within Benefit Area No. 2 does not exist and (b) the adoption
of a resolution (the "Approving Resolution") by the City Council modifying the Improvements
to include the Storm Drain Improvements, approving an amendment to the original assessment
engineer's report for the Assessment District reflecting the inclusion of the Storm Drain
Improvements in the Improvements and allocating the costs thereof among the properties within
Benefit Area Nos. 1 and 2 to reflect the special benefit received by such properties from the
Storm Drain Improvements and confirming the increase in the assessments within Benefit Area
No. 2 to reflect the special benefits received by those properties from the Storm Drain
Improvements.
Developer acknowledges that the decision of the City Council to adopt the
Approving Resolution is a legislative action and the City may not enter into an agreement to
obligate the City Council to exercise its legislative discretion in a particular way. The approval of
this Second Amendment by the City Council does not, therefore, in any way create a contractual,
legal or equitable obligation of or commitment by the City Council to adopt the Approving
Resolution.
5. Effect of this Second Amendment on the Other Terms and Provisions of
the Existing Agreement. All terms and provisions of the Existing Agreement shall remain in full
force and legal effect except as expressly modified by the provisions of this Second Amendment.
6. Counterparts. This Second Amendment may be executed in counterparts,
each of which shall be deemed an original.
7. Authorized Signatories. Each signatory of a party hereto represents and
warrants to the other party that it has legal authority, capacity and direction from the principal to
enter into this Second Amendment, and that all resolutions and/or other actions have been taken
so as to enable such party to enter into this Second Amendment.
MP/SDPUB'.WDIVEN. 340413.1
written.
CITY:
Executed by and between the parties hereto as of the day and year first above
City of Carlsb^, a municij
oftheSt
ition
ATTEST:
APPROVED AS TO FORM:
RONALD BALL
CITY ATTORNEY
DEVELOPER:
Calavera Hills II, LLC, a California limited
liability company
By: McMillin Companies, LLC, a Delaware
limited liability company, its/manager
Name:
Title:
Name:
Title:-\r
MP'SDPUB\WDIVEH040413.l
/Q3
Attachment A
Modification of Exhibit B to the Existing Agreement
Exhibit A to the Existing Agreement is modified to add the following description of the Storm
Drain Improvements:
Improvement Estimated
Cost
4. 84" Storm Drain (along Cannon Road Frontage)-84" RCP storm drain and
appurtenances from the existing box culvert near the College Boulevard and Cannon
Road intersection to the outlet at 200± feet east of El Camino Real, modifications to the
existing box culvert to accommodate connection to the 84" RCP including splitter wall,
rip-rap outlet, access road to drain outlet, 10' x 4' box culvert, modification of existing
weir wall, approach apron and installation of rip-rap at outlet of existing box culvert,
and incidental costs of construction to the extent permitted as described in the
Acquisition/Financing Agreement.
$3,250,000±
The footnotes to Exhibit B to the Existing Agreement shall also apply to Improvement No. 4.
MP/SDPUB'WDIVEN'340413.1 ivf
FIRST AMENDMENT TO ACQUISITION/FINANCING AGREEMENT
This FIRST AMENDMENT TO ACQUISITION/FINANCING AGREEMENT
("First Amendment* 0 by and between the CITY OF CARLSBAD, a municipal corporation duly
organized and validly existing under the Constitution and laws of the State of California (the
"City"), and CALAVERA HILLS n, LLC, a California limited liability company (the
"Developer"), is made and entered into mis 16th day of September, 2003.
RECITALS
WHEREAS, City and Developer entered into that certain Acquisition/Financing
Agreement dated December 1 1, 2002 (the "Agreement"); and
WHEREAS, pursuant to the Agreement, City and Developer have commenced
proceedings to form Assessment District No. 2003-01 (College Boulevard and Cannon Road
East) (the "Financing District");
WHEREAS, City and Developer desire to amend certain provisions of the
Agreement in order to implement the Financing District, as set forth in mis First Amendment.
NOW, THEREFORE, it is mutually agreed between the respective parties as
follows:
1. Recitals. The above recitals are all true and correct
2. Definitions. Capitalized terms not otherwise defined in this First
Amendment shall have the meanings described to them in the Agreement
3.
(a) The first paragraph of Section 5 is hereto amended to read as
follows:
"SECTIONS. Eligibility of Payment of the Base Increment or Retained Increment Once
an Improvement is substantially complete, then such Improvement shall be eligible for payment
of the Base Increment of the Purchase Price (as defined hi Section 7 below). For purposes of this
Agreement, an Improvement shall be deemed "substantially complete" when construction or
work with respect to the Improvement has progressed to the point where it is sufficiently
complete in the judgment of the City Engineer of the City or his or her designee (the "City
Engineer") so mat the Improvement is open to the public or otherwise could be opened to the
public but for the fact that such opening has been withheld or delayed solely by the City. An
Improvement may be deemed by the r?ity F.ncrineer to be "substantially complete" ourffliattf ta the
pre^yftng sentence even thm^gh such Improvement is subject to the completion of a punch list of
items before such Improvement would be eligible for acceptance bv the Cfov."
(b) The first paragraph of Section 7(a) of the Agreement is hereby
amended to read as follows:
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10.
"00 Amount of Purchase Price. The amount to be paid by City for the Improvements to be
acquired from Developer (the "Purchase Price") shall, as to each such Improvement, be
determined by City in accordance with the provisions of this Section. The Purchase Price shall
equal the lesser of the actual cost or the value of the Improvement; provided, however, if the
Financing District is an assessment district, the value of an Improvement shall equal the
aggregate special benefit received by the Property from the Improvement as determined by the
assessment engineer retained by the City and shown in die final assessment engineer's report as
approved bv the Citv Council for the Ftnqpcj^g District as such fijpyf engineer's report may be
amended prior to the issuance of Bonds fbr the Financing District to reflect adumfrflftnts to
assessment li^ OT specific properties made pursuant to Section 31 hereof."
(c) Subsection 7(a) of the Agreement is hereby amended to add the
following sentence at the end of such subsection:
"The amounts in Sections 7f aW>. (vi) ^nt^ (viift are straight percentage amounts
and the Developer need not provide separate cost and ayment ustifications for
(d) The Agreement is hereby amended to add new Section 3 1 as
follows:
"SECTION 31 . Adjustment pf T Jen AmQimt The •parties acknowledge mat the
presenc^ *vf a«segsmeifl \ieps on certain pi^perlies could iffiffl fog feasibility of
the use pf such, properties for cerf ftfo purposes. [Developer shall have one
opportunity to discharge the Hep amount for any gy.^ pjppertv or properties
within each benefit zone of the F'nancinz District as such Developer mav elect bv
a reduction in the urchase rice for the Inronwements for which
property or properties is befog assessed. Any Discharge of a lien pursuant to this
Section 31 must be completed not less than 1^0 calendar davs prior to the
estimated date QfJssuapce of, the bonds mat would otherwise be secured bv such
lien or such later H^tjp app^y^ bv the Finance Dfoector of me Cftyi N?*tV118 I*1
ths ect'nr shall probib roperty owner frotn repain tf
owner's property within the Financing District ounp'nnt *o the applicable
District law."
(e) The Agreement is hereby amended to add new Section 32 as
follows:
"SECTION 32. Development Rights. Developer acknowledges formation of the
Financing District and p-nnstruction of the Trnprovements does not, in and of itself.
vest anv rights fo the then e*istii^g land use annrovals for the property to be
assessed for such Improvement^ ^r ^> g^iy PflTt?ifrular level- type, or IfltW^W 9f
development or use. Developer hereby waives on its beftaj[lf ajij on behalf of its
successors and agsjJBP^ pffY^y860^3^*^1 ag?'f^ttfaeCitvat lawpriyi eouitv
including, but not limited tr>| Baking nr H^maang of property, for reassessnient of
property or denial of any fight protected bv U$C Secfton 1983 which mjgbJLbs.
applicable to the properties to be assessed and assertine the Financing District and
9/11/03 9009.14
HAD; #7286 v3
construction of the Tt^iprovenients vests iijg||t|y tfl ey»?tinfi lanft use approvals or to
^ *1 insitv develomet or i.
4. Counterparts. This First Amendment may be executed in counterparts,
each of which shall be deemed an original.
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H&O:#7286v3
5. Authority Signatories. Each signatory of a party hereto represents and warrants to the
other party that it has legal authority, capacity and direction from the principal to enter into this
First Amendment, and that all resolutions and/or other actions have been taken so as to enable
such party to enter into this First Amendment
above written.
EXECUTED BY AND BETWEEN the parties hereto on the day and year first
"CITY"
CITY OF
State of
By:
ATTEST:
/IVif £ltif\iw ' tf
CitybfCtflsbad
State of California
9/11/03 9009.14
H&O: #7286 v3
"DEVELOPER"
CALAVERA HILLS H LLC, a California limited liability
company
By: McMillin Companies LLC, a Delaware limited
liability company,
Its: Manager
By:
Its:.&.
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO ) ss.
I, Karen R. Kundtz, Assistant City Clerk of the City of Carlsbad, County of
San Diego, State of California, hereby certify that I have compared the foregoing
copy with the original First Amendment to Acquisition/Financing Agreement,
dated September 16. 2003, which original Agreement is now on file in the Office
of the City Clerk of the City of Carlsbad: that the same contains a full, true, and
correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 10th day of June,
2004.
R:
ASSISTANT CITY C
(SEAL)
ACQUISITION/FINANCING AGREEMENT
THIS AGREEMENT is made and entered into this//rtf day ofZ)g££/uBeE 2002 (the
"Effective Date"), by and between the CITY OF CARLSBAD, a municipal corporation duly
organized and validly existing under the Constitution and laws of the State of California, (the
"City"), and CALAVERA HILLS IILLC, a California limited liability company (the "Developer").
WHEREAS, in order to finance the acquisition of certain public improvements, together with
appurtenances and appurtenant work within the jurisdictional limits of said City, the Developer has
requested that the City initiate proceedings to consider the formation of a land secured financing
district (the "Financing District") pursuant to the applicable laws of the State of California (the
"Financing District Law") and the policies of the City pertaining to the establishment of land secured
financing districts (the "City Financing District Policies") in effect as of the Effective Date; and,
WHEREAS, Developer, in order to proceed in a timely way with development of its
properties known as Calavera Hills and depicted in Exhibit A hereto (the "Calavera Hills Property")
and the property known as Robertson Ranch East and depicted in Exhibit A hereto (the "Robertson
Ranch East Property" and, together with the Calavera Hills Property, the "Property"), desires to
construct certain public improvements generally depicted in Exhibit A and described in Exhibit B
that will, following the completion of the construction thereof, be acquired, owned, operated and
maintained by the City (each an "Improvement" and collectively, the "Improvements"); and,
WHEREAS, the City and Developer agree that the Improvements may, upon the completion
of the construction thereof, be acquired by the City from the proceeds of bonds issued for or on
behalf of the Financing District (the "Bonds") at prices not to exceed that share of the cost of such
Improvements reasonably allocated to the Property if the Financing District is a community facilities
district or allocated to the Property based upon the special benefit received by the Property from the
Improvements if the Financing District is an assessment district and determined pursuant to and in
accordance with the provisions of this Agreement; and,
WHEREAS, the City and the Developer further agree that payment by the City for the
acquisition of the Improvements shall be funded solely from the proceeds of such bonds which shall
be secured by assessment or special tax liens, as applicable, on properties within the Financing
District; and,
WHEREAS, it is the intent of this Agreement that Developer shall be entitled pursuant to the
provisions of this Agreement to be paid for the Improvements at the prices as determined by the City
pursuant to this Agreement upon: (i) the completion of the construction of the Improvements as
required herein, (ii) the formation of the Financing District and the confirmation of the levy of
assessments or special taxes on properties within the Financing District, and (iii) the sale and
delivery of bonds by the City for the Financing District; and,
WHEREAS, the Financing District may consist of separate benefit areas, in the case in which
the Financing District is an assessment district, or improvement areas, in the case in which the
Financing District is a community facilities district, corresponding to the Calavera Hills Property and
11.12.02
Robertson Ranch East Property for which separate discrete series of bonds could be issued secured
by the assessments or special taxes authorized to be levied within each benefit area or improvement
area; and
WHEREAS, notwithstanding the intent of the parties as set forth in the preceding recital, the
parties acknowledge that the decision of the City Council to form the Financing District is a
legislative action and that the City Council, by its approval of this Agreement, may not and is not
obligating itself or committing itself or any future City Council to approve the formation of the
Financing District; and
WHEREAS, the City is willing to acquire the Improvements from Developer subject to the
requirements, in effect as of the date of formation of the Financing District, of both the Financing
District Law and the City Financing District Policies and the terms and conditions of this Agreement
and Developer desires that the City so acquire such Improvements.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Design and Construction of Improvements. Developer covenants and agrees that
each Improvement to be acquired from Developer pursuant to this Agreement shall be designed and
constructed pursuant to the terms and conditions set forth in the applicable subdivision improvement
agreement ("Subdivision Improvement Agreement") entered into by and between the City and the
Developer as of the Effective Date or to be entered into by and between the City and the Developer
after the Effective Date but prior to commencement of the construction of the Improvements to
which such Subdivision Improvement Agreement applies. Wherever the terms and conditions of the
Subdivision Improvement Agreement and this Agreement may conflict, the terms and conditions of
the Subdivision Improvement Agreement shall prevail.
SECTION 3. Bid and Award of the Contract or Contracts for the Construction of the
Improvements. Except as provided below, the Developer shall solicit bids for the construction of
the Improvements to be acquired with the proceeds of the Bonds and shall award the contract or
contracts for such construction pursuant to the procedures and requirements as shall be set forth in
the City of Carlsbad Engineering Department Administrative Procedures for Reimbursable Public
Works Projects (the "Administrative Procedures") to be established by the City Engineer of the City.
City agrees to provide Developer with written notification of the establishment of the Administrative
Procedures.
As of the Effective Date hereof, the Developer had solicited bids for, awarded and entered
into the following contracts, copies of which are on file in the office of the City Engineer:
A. Grading contract with Signs & Pennick;
B. Storm drain contract with Cass Construction; and
C. Surveying contract with Hunsaker & Associates.
11.12.02
Prior to the solicitation and award of such bids, the City Engineer reviewed the procedures proposed
to be used by the Developer in the solicitation and award of such bids and determined that such
procedures substantially complied with the proposed Administrative Procedures and, therefore, the
solicitation and award of such contracts shall be deemed to comply with the provisions of this
Section 3. Notwithstanding the foregoing, such determination of compliance shall not constitute a
waiver of any provision of the laws of the State of California that may apply to the solicitation,
award or administration of such contracts.
Prior to establishment of the Administrative Procedures by the City Engineer, contracts for
the construction of the Improvements, other than the contracts identified in the preceding paragraph,
shall be bid and awarded pursuant to procedures and requirements approved by the City Engineer.
Such approval shall not, however, constitute a waiver of any provision of the laws of the State of
California that may apply to the solicitation, award or administration of such contracts.
SECTION 4. Inspection and Acceptance of the Improvements. The construction activities
relating to the Improvements shall be subject at all reasonable times to inspection by authorized
representatives of City pursuant to the terms and conditions of the Subdivision Improvement
Agreement.
SECTION 5. Eligibility of Payment of the Base Increment or Retained Increment. Once an
Improvement is substantially complete, then such Improvement shall be eligible for payment of the
Base Increment of the Purchase Price (as defined in Section 7 below). For purposes of this
Agreement, an Improvement shall be deemed "substantially complete" when construction or work
with respect to the Improvement has progressed to the point where it is sufficiently complete in the
judgment of the City Engineer of the City or his or her designee (the "City Engineer") so that the
Improvement is open to the public or otherwise could be opened to the public but for the fact that
such opening has been withheld or delayed solely by the City
An Improvement shall be eligible for payment of the Retained Increment (as defined in
Section 7 below) of the Purchase Price for such Improvement upon the determination by the City
Engineer that each of the following has occurred:
(a) Acceptance of the Improvement by the City pursuant to the Subdivision Improvement
Agreement and the City's municipal code; and
(b) The Notice of Completion for the Improvement has been recorded as provided for in Section
6 below and a period of at least 35 days has elapsed since the date of such recordation.
SECTION 6. Notice of Completion and Lien Releases. Upon completion of the construction of an
Improvement, Developer shall notify the City Engineer in writing of such completion and shall
prepare and execute a Notice of Completion for such Improvement in the form prescribed by
Section 3093 of the California Civil Code and shall record such notice in the Official Records of the
County of San Diego. Developer shall cause its contractors to provide unconditional lien releases for
such Improvement in accordance with Section 3262 of the Civil Code.
11.12.02
SECTION 7. Payment of Purchase Price.
(a) Amount of Purchase Price. The amount to be paid by City for the Improvements to be
acquired from Developer (the "Purchase Price") shall, as to each such Improvement, be determined
by City in accordance with the provisions of this Section. The Purchase Price shall equal the lesser of
the actual cost or the value of the Improvement; provided, however, if the Financing District is an
assessment district, the value of an Improvement shall equal the aggregate special benefit received by
the Property from the Improvement as determined by the assessment engineer retained by the City
and shown in the final assessment engineer's report as approved by the City Council.
The estimated costs of the Improvements are shown in Exhibit B. The actual cost of an
Improvement for purposes of determining the Purchase Price of such Improvement shall include all
costs of construction thereof and all incidental costs of the construction of such Improvement eligible
under the Financing District Law and the City Financing District Policies, including the following:
(i) Usual and customary design and engineering costs including civil engineering, soils
engineering, landscape architecture, survey and construction staking, utility
engineering and coordination, plan check and inspection fees as they relate to the
Improvements only.
(ii) Costs of acquisition of off-site rights-of-way and/or easements located on properties
not owned by the Developer including the following:
a. Appraisal and title insurance costs;
b. Costs of preparing acquisition plats;
c. The appraised value or actual cost of right-of-way or easement, whichever is
less; provided, however, the amount authorized to be included in the cost of
acquisition for right-of-way to be acquired from the Carlsbad Unified School
District pursuant to this subsection c. shall be subject to determination by the
City at a future date; and
d. Legal fees and costs approved by the City Attorney related to (1) the
negotiated acquisition of such rights-of-way or easements, e.g., preparation of
a purchase agreement and related escrow instructions, or (2) acquisition
through eminent domain proceedings.
(iii) The cost of the acquisition of the leasehold interest of Parkway Nursery as the lessee
of land owned by the Developer within the right-of-way alignment for Cannon Road
necessary to enable the Developer to provide the City with clear title to such right-of-
way including the following:
a. The appraised value of such leasehold interest as determined by an appraisal
conducted for the City; and
16
11.12.02
b. Relocation expenses, if any, which are legally required to be provided to such
lessee.
(iv) Costs of environmental review, permitting and habitat mitigation related to the
Improvement, including the value of the land owned by the Developer required for
such mitigation and not required to be dedicated to the City or a third party as a
condition of approval of the land use entitlements for the development of the property
within the District, to the extent authorized to be financed pursuant to the City
Financing District Policies and not previously reimbursed. The value of any such
land shall be the lesser of (1) the amount paid by the Developer to acquire such land
plus the cost, if any, to convert such land to wetlands or habitat, as applicable, or (2)
$110,000 per acre for wetland mitigation land and $29,693 per acre for other habitat
mitigation land. The actual value of any such land that may be included in the
Purchase Price of an Improvement may be further limited by the rules of the Internal
Revenue Service of the United States government if such land is to be owned by an
entity that is not a political subdivision or a qualified 501(c)3 corporation. The
mitigation that may be financed shall be limited to the scope of mitigation necessary
to mitigate the impacts of such Improvement on existing residences as set forth in the
applicable environmental documentation for the«Improvements.
(v) An amount equal to 4.5% of the direct cost of construction of the Improvement
(excluding all incidental costs, including but not limited to, the costs set forth in
subparagraphs (i), (ii) and (Hi)) for Developer's overhead, construction management
and supervision, including all on-site supervision.
(vi) An amount equal to 1.5% of the direct cost of construction of the Improvement,
excluding all incidental costs, including but not limited to, the costs set forth in
subparagraphs (i), (ii) and (iii), for costs of preiriums paid for improvement and/or
performance bonds relating to construction of the Improvements.
(vii) An amount equal to 1.8% of the direct cost of construction of the Improvement,
excluding all incidental costs, including but not limited to, the costs set forth in
subparagraphs (i), (ii) and (iii), to reimburse Developer for the allocable portion of
premiums paid by Developer for blanket liability insurance coverage.
However, in no event shall the actual cost or value of the construction of the Improvements be
deemed to exceed the total of (A) the construction contract prices set forth in the contracts and
change orders approved in accordance with the Administrative Procedures and (B) the additional
items in (i) through (vii) above.
(b) Incremental Payment of Purchase Price. The Purchase Price for an Improvement shall be
payable in not to exceed two increments: the "Base Increment" which shall be an amount equal to
90% of the Purchase Price for such Improvement and the "Retained Increment" which shall be an
amount not to exceed the remaining, unpaid portion of the Purchase Price for an Improvement
determined pursuant to the provisions of (a) above upon completion.of the Improvement.
11.12.02
(c) Requisition for Incremental Payment of Purchase Price.
(i) Base Increment. The Developer may submit a written request or written requests to
the City Engineer for the payment of 90% of the costs incurred to the date of the request for
payment of the Base Increment for an Improvement when such Improvement is substantially
complete as such term is described in Section 5 above. Each Base Increment payment
request must be in the form attached hereto as Exhibit C, which is incorporated herein by this
reference, and shall be properly executed. Each request for payment of the Base Increment
for an Improvement shall be accompanied by a copy of the following documents related to
the construction of such Improvement and supporting the particular payment request: (1) a
list including the name of each applicable contractor, subcontractor and materialman for the
Improvement, (2) each applicable construction contract (unless submitted with a prior
payment request in which case reference shall be made to such contract and such prior
payment request), (3) each applicable change order (unless submitted with a prior payment
request in which case reference shall be made to such change order and such prior payment
request), (4) each applicable invoice submitted pursuant to such construction contracts, (5)
copies of the front and back of cancelled checks or other evidence of payment of each
invoice satisfactory to the City Engineer and (6) written conditional lien releases executed by
each applicable contractor, subcontractor and materialman in a form satisfactory to the City
Attorney of the City (the "City Attorney") for the Improvement.
(ii) Retained Increment The Developer may submit a written request or written requests
to the City Engineer for the payment of the Retained Increment for an Improvement in the
form attached hereto as Exhibit C, which is incorporated herein by this reference.
(iii) Improvements Financed from the Proceeds of a Loan Secured by the Property, If an
assessment district is formed to finance the acquisition of the Improvements, the Developer
constructing any such Improvement must as a precondition to any payment by the City for
such Improvement provide a letter to the City Engineer specifying how the construction of
such Improvement was financed. If any such Improvement was financed, in whole or in part,
from the proceeds of a loan secured by a mortgage or deed of trust upon the Property or any
portion thereof, any payment request submitted hereunder must be executed by an authorized
representative of such lender acknowledging and agreeing to the payment to the payee as set
forth in the payment request or the City Engineer shall have otherwise received written
instructions from and executed by an authorized representative of such lender and the
Developer with respect to such payment.
(d) Review of Payment Request The City Engineer or his designee shall review each payment
request and the supporting documentation accompanying such payment request If the City Engineer
finds that any such payment request is incomplete, improper or otherwise not suitable for approval,
the City Engineer shall inform Developer in writing within sixty (60) days after receipt thereof, the
reasons for his or her finding. Developer shall have the right to respond to this finding by submitting
further documentation and/or to resubmit the payment request The City Engineer shall review any
further documentation received from the Developer in support of a payment request and inform
11.12.02
Developer of his or her approval or denial of the payment request as supplemented in accordance
with this Section within twenty (20) days after receipt of the supplemental documentation. A
resubmittal of a payment request shall be deemed a new payment request for purposes of this
Section.
Costs incurred under a construction contract for an Improvement entered into pursuant to the
requirements of this Agreement and change orders approved in accordance with the Administrative
Procedures are deemed to be reasonable and, subject to the other provisions of this Agreement, shall
be included in the Purchase Price for such Improvement.
The City Engineer shall, after the sale of the Bonds pursuant to Section 16 the proceeds of
which are intended to be used to acquire the subject Improvements and after his or her approval of a
payment request, immediately forward a request to the Finance Director of the City notifying the
Finance Director of his or her approval of the payment request and requesting that such payment be
made to the appropriate payee. The Finance Director shall process any such request of the City
Engineer pursuant to the applicable procedures of the Finance Department and shall make or
authorize such payment pursuant to such procedures and subsection (e) below.
(e) Payment
(i) Payment for Improvements. The City and the Developer acknowledge and agree that
the aggregate amount to be paid by the City to acquire the Improvements is limited to the
aggregate amount of the Bond proceeds that will be available for the payment thereof.
(it) Timing of the Payment of the Purchase Price for an Improvement Subject to the
limitations contained in (iii) and (iv) below, the increment of the Purchase Price for each
Improvement shall be paid to Developer within thirty (30) days after the date of the City
Engineer's approval of the payment request for any such increment; provided, however, no
Retained Increment may be paid earlier than thirty-five (35) days after the recording of a
Notice of Completion for the Improvement
(iii) Source of Payment Except as provided in the following paragraph, the Purchase
Price or any increment thereof for an Improvement shall be payable to the Developer solely
from those proceeds of the sale of the Bonds as provided in Section 16 hereof authorized and
designated for the payment for such Improvement, after all costs of formation of the
Financing District and all costs of issuance of such Bonds have been paid and deposits of
accrued and capitalized interest to the redemption fund and the initial deposit to the reserve
fund have been made.
(iv) Withholding of Payment In addition to the foregoing, the City shall have the right to
withhold payment of the Purchase Price or any increment thereof of any Improvement if (a)
the Developer is delinquent in the payment of (1) any assessment installments or special
taxes, as applicable, levied by the City and/or (2) ad valorem taxes levied on properties then
owned by the Developer within the Financing District, (b) the City Engineer reasonably
determines that the Developer is not then in substantial compliance with all applicable
I/IP
11.12.02
conditions and obligations imposed upon the Developer hereunder or under the Subdivision
Improvement Agreement or upon the Development pursuant to the land use entitlements
approved by the City for the Development, including but not limited to, payment of all
applicable fees, dedication of all applicable rights-of-way or other property, and construction
of all applicable public improvements. The Finance Director shall provide written notice to
the Developer of the decision to withhold any such payment and shall specify the reason for
such decision. If the payment is withheld as a result of the delinquency in the payment of
assessment installments or special taxes, the notice shall identify the delinquent parcels and
the amount of such delinquency. If the payment is withheld as a result of substantial non-
compliance with a condition or obligation, the notice shall specify such condition or
obligation and what action will be necessary by the Developer to substantially comply with
such condition or obligation. Upon receipt by the Finance Director of evidence reasonably
satisfactory to the Finance Director of the payment of the delinquent assessments or special
taxes or upon the determination by the Finance Director that the Developer has substantially
complied with the subject condition or obligation, the Finance Director shall forthwith cause
any payment which has been withheld pursuant to the provisions of this paragraph to be
made.
SECTION 8. Audit. The authorized representatives of City shall have the right, upon five (5) days,
i.e., days on which the City offices are open for business, prior written notice to Developer and
during normal business hours, to review all books and records of Developer pertaining to costs and
expenses incurred by Developer in construction of the Improvements.
SECTION 9. Indemnification by Developer. Developer shall defend, indemnify and hold harmless
the City, its officers, directors, employees and agents from and against any and all claims, losses,
liabilities, damages, including court costs and reasonable attorneys' fees by reason of, or resulting
from, or arising out of the proceedings to form the Financing District. Notwithstanding the
foregoing, Developer shall have no obligation to defend, indemnify or hold harmless the City, its
officers, directors, employees and agents from and against any such claims, liabilities, losses or
damages (including court costs and attorneys' fees) which result from or arise out of the sole
negligence or willful misconduct of the City, its officers, directors, employees, or agents.
SECTION 10. Obligation of City. The City has no legal or financial obligation to construct or
finance the actual construction of the Improvements. All costs incurred for actual construction of the
Improvements, including all incidentals thereto, shall be borne by Developer, and the obligations of
the City are limited to the acquisition of the Improvements pursuant to the provisions of this
Agreement.
SECTION 11. Failure by Developer to Construct Improvements. If the City determines at any
time following commencement of the construction of any Improvement that such construction has
not been completed prior to the deadline date for completion of such Improvement as set forth in the
Subdivision Improvement Agreement, the City may give written notice of such failure of
performance to the Developer. Developer shall have sixty (60) days from the date of receipt of such
notice to either (i) cure such failure of performance by demonstrating to the satisfaction of the City
during such cure period reasonable progress in the construction of the Improvement and a continuing
17
11.12.02
ability to complete the construction of such Improvement in accordance with the Subdivision
Improvement Agreement or (ii) reasonably demonstrate that such failure of performance is due to
circumstances or conditions beyond Developer's reasonable control ("Force Majeure") including,
without limitation, the City's actions, omissions or inaction which result in a delay of performance by
Developer, labor disputes, acts of God, war, riots, insurrections, civil commotions, moratoriums,
inability to obtain labor or materials or reasonable substitutes for either, fire, unusual delay in
transportation, and adverse weather conditions. Should Developer fail to reasonably demonstrate
such reasonable progress or such continuing ability to complete the construction of such
Improvement or Force Majeure, the obligation of the City to pay the Purchase Price for the
acquisition of such Improvement pursuant to this Agreement may be terminated by the City by
providing ten (10) days written notice to the Developer. Upon termination, the City may in its sole
discretion then proceed to advertise and bid the balance of the construction of such Improvement,
and except as provided in the following sentence there will be no further obligation on the part of the
City for payment of the Purchase Price for such Improvement due to Developer pursuant to this
Agreement. If, following the completion of the construction of such Improvement pursuant to a
contract awarded by the City, there are surplus Bond proceeds that are eligible and authorized to be
used to finance the acquisition of such Improvement, the Developer shall be entitled to payment to
the extent of such funds of an amount equal to the costs, as determined the City Engineer, incurred
by the Developer prior to such termination for the construction of such Improvement.
In the event that the City chooses not to advertise and bid the balance of the construction of
any such Improvement following such a termination, any monies remaining in the improvement fund
for the District and set aside for the acquisition of such Improvement shall be transferred to the
redemption fund for the Bonds and used to call outstanding Bonds.
The provisions of this Section 11 shall constitute a cumulative remedy for the failure of the
Developer to complete the construction of an Improvement by the deadline date set forth in the
Subdivision Improvement Agreement. Exercise by the City of its rights provided by this Section 11
shall not constitute a waiver of any remedy that the City may have under the Subdivision
Improvement Agreement in the event of a default by the Developer thereunder.
SECTION 12. Agreement Contingent. This Agreement is contingent upon the formation of the
Financing District, the authorization by the owners of property within the Financing District to levy
assessments or special taxes therein and the successful sale of Bonds, and it shall be null and void if
the first series of Bonds is not sold within a five (5) year period following the date of this Agreement
This time can be extended by request of the Developer and concurrence of the City Council.
The City may, at its option, suspend the performance of its obligations under this Agreement
if, during the 30-day statute of limitations period following the formation of the Financing District,
any legal challenge is filed relating to the validity or enforceability of this Agreement, the Financing
District proceedings or the issuance of the Bonds. The obligations of the City hereunder shall be
reinstated upon the entry of a final judgment in any such proceedings upholding the validity and
enforceability of the Agreement, the Financing District proceedings and die issuance of the Bonds,
hi the event that a final judgment or other final and non-appealable resolution is entered invalidating
f/S
11.12.02
or declaring unenforceable this Agreement, the Financing District proceedings or the issuance of the
Bonds, the City may, at its option, terminate this Agreement.
SECTION 13. Notice of Assessment or Special Tax. Developer, or the successor or assigns of the
Developer, shall provide written notice as required by the Financing District Law and/or the City
Financing District Policies to all potential purchasers of lots in a form approved by the City Council.
A copy of all such notices executed by actual purchasers shall be sent to the Finance Director.
SECTION 14. Relationship to Public Works. This Agreement is for the acquisition of certain
Improvements by City and the sale of the Bonds for the payment of acquisition costs for such
Improvements and such other amounts as are herein provided, and is not intended to be a public
works contract. In performing its obligations under this Agreement, Developer is an independent
contractor and not the agent of City. City shall have no responsibility for payment to any contractor
or supplier of Developer.
SECTION 15. Assessments or Special Taxes - Compliance with City Financing District
Policies. Assessments or special taxes, as applicable, levied within the Financing District shall
comply with all applicable provisions of the Financing District Law and the City Financing District
Policies unless a specific waiver of policy is approved by the City Council.
SECTION 16. Sale of Bonds. If and when the Financing District is successfully formed and
authorization for the levy of assessments or special taxes approved by the owners of property within
the Financing District and authorization for the issuance of bonds approved, all in accordance with
the Financing District Law and City Financing District Policies, the City shall proceed with the
issuance and sale of a separate series of Bonds secured by unpaid assessments or special taxes, as
applicable, on the properties within each benefit area or improvement area, as applicable, in the
Financing District pursuant to the Financing District Law. Each series of the Bonds shall be sized so
mat as of the date of issuance the aggregate appraised value of all properties within (a) each benefit
area or improvement area, (b) each village as designated on the land use entitlements applicable to
the Calavera Hills Property and (c) each planning area as designated on the land use entitlements
applicable to the Robertson Ranch Property of the Financing District securing the repayment of such
Bonds shall be at least four (4) times the Land Secured Debt (defined below) allocable to each such
property. "Land Secured Debt" means as to any assessed or taxable property, as applicable, the
principal amount of all outstanding Bonds allocable to such property, together with the principal
amount of any other indebtedness of any community facilities district secured by the levy of special
taxes which is allocable to such parcel and the principal amount of any other fixed lien assessment
levied against such property. The appraised value of such property for purposes of this paragraph
shall be determined by an independent appraisal undertaken for the City utilizing appraisal
assumptions approved by the City. The City may, in its sole discretion, accept a lower ratio of
appraised value to Land Secured Debt or accept a form or forms of credit enhancement such as a
letter of credit, cash deposit, Bond insurance or the escrow of Bond proceeds to offset a deficiency in
the required value-to-debt ratio.
In addition to and as a separate requirement, the total of the following taxes, assessments and
special taxes appearing on the property tax bill, shall not exceed one point eight percent (1.8%) of
10
11.12.02
the sales price of newly developed properties subject to the assessment or special tax lien, as
applicable, of the Financing District as of the date of the close of escrow of the initial sale of any
residential dwelling unit to such residential homeowner:
A. Ad valorem property taxes.
B. Voter approved ad valorem property taxes in excess of one percent (1%) of the assessed
value of the subject property.
C. The estimated annual special taxes levied by all community facilities districts under
consideration and any other community facilities district or other public agency.
D. The annual assessment installments, including administrative surcharge, for any existing or
proposed assessment district whether such assessment installments are utilized to pay debt
service on bonds issued for such assessment district or to pay for maintenance or services.
The proceeds of each series of the Bonds shall be used in the following priority to (i) fund a
reserve fund for the payment of principal and interest with respect to such Bonds; (ii) fund
capitalized interest on such Bonds in an amount approved by the City; (iii) pay for costs of issuance
of such Bonds including, without limitation, underwriter's discount, bond counsel fees, printing, and
fiscal agent fees; (iv) pay for that portion of the costs of forming the Financing District allocable to
the benefit area or improvement area for which such series of Bonds is being issued, including
reimbursement of advances of funds to the City by Developer to pay costs incurred by the City in the
formation of the Financing District and the issuance of die Bonds; and (v) pay the proportionate
share of the costs of acquisition of the Improvements allocated to the benefit area or improvement
area for which such series of Bonds is being issued pursuant to the provisions of this Agreement and
consistent with the priorities set forth herein. The documents providing for the issuance of each
series of the Bonds shall provide for the establishment of separate funds and accounts for each such
series of the Bonds; provided, however, this requirement shall not apply to any bonds issued to
refund any or all series of the Bonds.
The timing of the issuance and sale of each series of the Bonds, the terms and conditions
upon which such Bonds shall be issued and sold, tile method of sale of such Bonds and the pricing
thereof shall be determined solely by the City and shall conform to the applicable policies of the City
and this Agreement The sale of each series of the Bonds shall be subject to receipt by the City of a
competitively bid or negotiated bond purchase agreement which is acceptable to the City. The sale of
each series of the Bonds shall also be conditional upon the preparation of an official statement that
is, in the sole judgment of the City, "deemed final" as such term is used in Rule 15c2-12 of the
Securities and Exchange Commission (the "Rule").
Developer, on behalf of itself, any affiliates of the Developer and any successor or assign of
the Developer, agrees (a) to provide all information regarding the development of its property within
the Financing District, including the financing plan for such development, which are necessary to
ensure that the official statement for such series of the Bonds secured by such Developer's property
within the Financing District complies with the requirements of the Rule and all other applicable
federal and state securities laws; (b) to enter into a continuing disclosure agreement to provide such
11
11.12.02
continuing disclosure pertaining to the Financing District, the development thereof and the
Developer as necessary to ensure ongoing compliance with the continuing disclosure requirements of
the Rule and (c) to cause its counsel to provide an opinion of such counsel in a form satisfactory to
the underwriter of such series of the Bonds and underwriter's counsel or disclosure counsel, as
applicable.
SECTION 17. Effect of This Agreement on Other Agreements. Except as specifically provided
herein, nothing contained herein shall be construed as releasing Developer from any condition of
development or requirement imposed by any other agreement with City.
SECTION 18. General Standard of Reasonableness. Any provision of this Agreement which
requires the consent, approval, discretion or acceptance of any party hereto or any of their respective
employees, officers or agents shall be deemed to require that such consent, approval or acceptance
not be unreasonably withheld or delayed, unless such provision expressly incorporates a different
standard
SECTION 19. Entire Agreement; Amendment. This Agreement and the agreements expressly
referred to herein contains all of the agreements of the parties hereto with respect to the matters
contained herein and no prior or contemporaneous agreement or understandings, oral or written,
pertaining to any such matters shall be effective for any purpose. No provision of this Agreement
may be modified, waived, amended or added to except by a writing signed by the party against which
the enforcement of such modification, waiver, amendment or addition is or may be sought.
SECTION 20. 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 (72) hours following deposit of the same in any United States Post Office in
California, registered or certified, postage prepaid, addressed as follows:
Developer: Calavera Hills IILLC
2727 Hoover Avenue
National City, CA 91950
Attn: Brian Milich
City: City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Attn: City Engineer/Engineering Services
Each party may change its address for delivery of notice by delivering written notice of such change
of address to the other party.
SECTION 21. Severability. If any provision 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.
12
11.12.02
SECTION 22. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto. Developer may not assign its rights or
obligations hereunder except upon written notice to City indicating the name and address of the
assignee. Upon such notice and the assumption by the assignee of the rights, duties and obligations
of the Developer arising under or from this Agreement, Developer shall be released by City from all
future duties or obligations rising under or from this Agreement Notwithstanding the preceding
sentence, Developer may assign its rights and obligations hereunder as security to lenders for the
purpose of obtaining loans to finance development within the Financing District, but no such
assignment shall release Developer from its obligations hereunder to City.
SECTION 23. 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. Additionally, this
Agreement and the construction of the Improvements shall be subject to all City ordinances and
regulations relating to the requirement of improvement agreements, land division, improvement
security or other applicable development requirements.
SECTION 24. Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by any other party, or the failure by a party to exercise its rights under
the default of any other party, shall not constitute a waiver of such party's right to insist and demand
strict compliance by any other party with the terms of this Agreement thereafter.
SECTION 25. Singular and Plural; Gender. As used herein, the singular of any work includes the
plural, and terms in the masculine gender shall include the feminine.
SECTION 26. Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed an original.
SECTION 27. Construction of Agreement This Agreement has been reviewed by legal counsel for
both the City and the Developer and shall be deemed for all purposes to have been jointly drafted by
the City and the Developer. No presumption or rule that ambiguities shall be construed against the
drafting party shall apply to the interpretation or enforcement of this Agreement. The language in all
parts of this Agreement, in all cases, shall be construed as a whole and in accordance with its fair
meaning and not strictly for or against any party and consistent with the provisions hereof, in order to
achieve the objectives of the parties hereunder. The captions of the sections and subsections of this
Agreement are for convenience only and shall not be considered or referred to in resolving questions
of construction.
SECTION 28. No Obligation to Form Financing District Developer acknowledges that the
decision of the City Council of the City to form the Financing District is a legislative action and the
City may not enter into an agreement to obligate the City Council to exercise its legislative discretion
in a particular manner or for a particular result This Agreement does not, therefore, in any way
create a contractual, legal or equitable obligation of or commitment by the City to approve the
formation of the Financing District.
13
11.12.02
SECTION 29. Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement
SECTION 30. Authority of Signatories. Each signatory and party hereto hereby represents and
warrants to the other party that it has legal authority and capacity and direction from its principal to
enter into this Agreement, and that all resolutions and/or other actions have been taken so as to
enable such party to enter into this Agreement.
[End of page. Next page is signature page.]
14
11.12.02
Signature Page to
Acquisition/Financing Agreement by and between
the City of Carlsbad and Calavera Hills II, LLC
EXECUTED by and between the parties hereto on the day and year first hereinabove written.
"CITY"
ATTEST:
.ORRAINE M. WOOD
CITY OF CARLSBAD
STATE OF CALIFORNIA
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CITY OF C
of the S
By:
nBAD, a municipal co
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)EL
MAYOR
APPROVED AS TO FORM:
R.BALL
OF CARLSBAD
ATE OF CALIFORNIA
"DEVELOPER"
CALAVERA HELLS II LLC, a California
limited liability company
By: McMillin Companies, LLC, a
Delaware limited liability company
Its Manager
S-l
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
afegt^^
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State of California
County of 1ss.
On
personalty appeared.
MiMHidll»o(OltarM-.*.mOM.NolKyl>«Mc1
D personally known to me
J2 proved to me on the basis of satisfactory
evidence
to be the person^f whose named) to'***-
subscribed to the within instalment and
acknowledged to me that ha/sfeeAhey- executed
the same in his/hsr/thair authorized
capacityOoTT and that by his/het/their-
signaturatf on the instrument the person^, or
the entity upon behalf of which the person^f
acted, executed the instrument.
hand and official seal.
OPTIONAL
TTiougft ]h« Jnft»mwtion balbw Is fioe iwyu^
fnuduttnt IWTOVB/ «VK^ mtttchfntnt of this toftn to «wiotfw docuniwil.'
Description of Attached Document
TTtte or Type of Document
Document Date: Number of Pages:
Signer(s) Other Than Named Above:.
Capactty(ies) Claimed by Signer
Signer's Name:.
D Individual
D Corporate Officer — TWe(s):
D Farmer—D Limited D General
O Attomey-in-Facl
O Trustee
D Guardian or Conservator
D Other.
Signer Is Representing..
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
San JCounty of
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On
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personally appeared_
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O personally known to me
proved to me on the basis of satisfactory
evidence
to be the person^ whose nameU) is/are*
subscribed to the within instrument and
acknowledged to me that he/cbafttaay executed
the same in his/hei/thair- authorized
capacrty(iAe)f; and that by his/heftttwir
signature^ on the instrument the person^, or
the entity upon behalf of which the person^
acted, executed the instrument
WITNESSmy hand and seal
OPTIONAL
Though the information bttow u not ntquind ty Itw, it mqr ptovt vthitnte to persons twlying en th» document ml eouU pnwnt
trmiduhnt nmool tnd nttttctvntnt ot W» to«m ID tnothv documtnt.
Description of Attached Document
Title or Type of Document:
Document Date:Number of Pages:
Signers) Other Than Named Above:
CapacityOes) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer —Titte(s):
D Partner — D Limited D General
O Attomey-in-Fact
O Trustee
D Guardian or Conservator
D Other
Signer Is Representing:
Nowy AMOWIon • MM (to S*» *>«.. HO. •» 2401
11.12.02
Exhibit "A"
Map of the Property
A-l
27
CANNON ROAD/COLLEGE BOULEVARD EXTENSION
FINANCING DISTRICT NO. 01-02
LOCATION MAP
!l "HUULJULO
NOT TO SCALE
PROPOSED FINANCING DISTRICT BOUNDARY
PROPOSED DISTRICT IMPROVEMENTS
ROBERTSON RANCH EAST PROPERTY
CALAVERA HILLS PROPERTY
11.12.02
Exhibit "B"
IMPROVEMENT DESCRIPTION, ESTIMATED COSTS
And Allocable Share of the Costs of Construction of Improvements
Improvement Description and Estimated Costs
improvement Estimated Cost2
Improvement No. 1. College Boulevard/Cannon Road connection as follows:
College Boulevard from Cannon Road to Carlsbad Village Drive
College Boulevard from south end of Calavera Hilte II development to Carlsbad Village Drive
(Reach C, full width) - full width grading to major arterial standards including slopes not adjacent
to development and any surcharge (but not to include grading outside of the right-of-way in future
developed areas), additional grading and improvements for meandering regional trail for bicycles
and pedestrians in a public trail easement which is a part of the City-wide trail system, asphalt
pavement to major arterial standard width on each side of a raised improved (hardscaping,
landscaping and irrigation) median, modification of existing median north of Carlsbad Village
Drive to provide left turn pocket non-master plan storm drain facilities (which excludes any
Drainage Master Plan facilities subject to reimbursement from Local Drainage Area Fees), curb,
gutter and sidewalk, bus turnout and furniture, street lighting, median curb, sewer, water and
reclaimed water lines and appurtenances (excluding any portion of such costs reimbursable from
sewer and/or water connection fees), erosion control landscaping and irrigation (located within
an easement granted to the City), traffic signal at Carlsbad Village Drive and Cannon Road with
College Blvd (excluding those portions reimbursed from Traffic Impact Fees and Public Facilities
Fees), striping and signage, protection and relocation of existing utilities as required, dry utilities'
within the right-of-way as well as environmental mitigation costs and incidental costs of
construction to the extent permitted in the Acquisition/Financing Agreement
$6,707,862
College Boulevard from Cannon Road to south end of Calavera Hills II development (Reach B
center lanes) - full width grading to major arterial standards including slopes not adjacent to
development and any surcharge (but not to include grading outside of the right-of-way in future
developed areas), additional grading for meandering regional trail for bicycles and pedestrians in
a public trail easement which is a part of the City-wide trail system, 18 feet of pavement on each
side of a raised unimproved (with an AC cap) median, non-master plan storm drain facilities (
which excludes any Drainage Master Plan facilities subject to reimbursement from Local
Drainage Area Fees), median curb, sewer, water and reclaimed water lines and appurtenances
(excluding any portion of such costs reimbursable from sewer and/or water connection fees),
erosion control landscaping and irrigation (located within an easement granted to the City),
transition to full improvements at inlet locations, southerly boundary of Calavera Hills and
Cannon Road intersection including curt), gutter and additional paving, traffic signal at Carlsbad
Village Drive and Cannon Road with College Blvd (excluding those portions reimbursed from
Traffic Impact Fees and Public Facilities Fees), striping and signage, protection and relocation
of existing utilities as required, as well as environmental mitigation costs* and incidental costs of
construction to the extent permitted in the Acquisition/Financing Agreement. '
$3,055,128
B-l
11.12.02
Cannon Road from El Camino Real to College Boulevard (Reach 3 center lanes) - full width
grading to major arterial standards including slopes not adjacent to development and any
surcharge (but not to include grading outside of the right-of-way in future developed areas),
additional grading for meandering regional trail for bicycles and pedestrians in a public trail
easement which is a part of the City-wide trail system, 18 feet of pavement on each side of a
raised unimproved (with AC cap) median, any transition improvements needed along El Camino
Real, non-master plan storm drain facilities (which excludes any Drainage Master Plan facilities
subject to reimbursement from Local Drainage Area Fees), street lighting (partial), median curb,
sewer, water and reclaimed lines and appurtenances (excluding any portion of such costs
reimbursable from sewer and/or water connection fees), erosion control landscaping and
irrigation (located within an easement granted to the City), transition to full improvements at inlet
locations and Cannon Road with College Blvd and El Camino Real intersections including curb,
gutter and additional paving, signal modification at Cannon Road and El Camino Real (excluding
those portions reimbursed from Traffic Impact Fees and Public Facilities Fees), striping and
signage, as well as environmental mitigation costs* and incidental costs of construction to the
extent permitted in the Acquisition/Financing Agreement
$5,189,620
Detention Basin BJB (partial} - grading and construction of a 49 acre-foot Drainage Master
Planned storm water retention basin, access road, and outlet structure (excluding any portion of
the costs subject to reimbursement from Local Drainage Area Fees), as well as environmental
mitigation costs3 and incidental costs of construction to the extent permitted in the
Acquisition/Financing Agreement. '
$1.797,342
Improvement No. 2. College Boulevard from Cannon Road to south end of Calavera Hills II
development (Reach B frontage improvements) - demolition of interim improvements. 12.5 feet
of pavement (outside lanes), curb and gutter, sidewalk, meandering frail, street lighting, median
hardscape, landscape and irrigation, dry utilities1 within the right-of-way, striping and signage,
traffic signals (excluding those portions reimbursed from Traffic Impact Fees and Public
Facilities Fees) and appurtenances, sound walls, arterial road setback landscaping and
irrigation, as well as environmental mitigation costs' and incidental costs of construction to the
extent permitted in the Acquisition/Financing Agreement
$1.653.406
Improvement No. 3. Cannon Road from El Camino Real to College Boulevard (Reach 3
frontage improvements) - demolition of interim improvements, 12.5 feet of pavement (outside
lanes), curb and gutter, sidewalk, meandering trail, street lighting, median landscape and
irrigation and median paving, dry utilities1 within the right-of-way, striping and signage. traffic
signals (excluding those portions reimbursed from Traffic Impact Fees and Public Facilities
Fees) and appurtenances, sound walls, arterial road setback landscaping and irrigation, as well
as environmental mitigation costs* and incidental costs of construction to the extent permitted in
the Acquisition/Financing Agreement
$3,092,568
Totals $21.495.925
I/ The description of the Improvements set forth in this Exhibit "B" is preliminary and general. The
final list of improvements shall be as approved by the City Council at time of district formation.
21 Cost estimates are preliminary. In the event that the Financing District is an assessment district,
the cost estimates set forth above have been generally based upon the assessment engineer's
preliminary determination of the special benefit from the Improvements to be received by that
portion of the Property that will subject to assessment (the "Assessed Special Benefit") and such
cost estimates exclude the general benefit to be received from the Improvements. Such cost
estimates do not however, exclude the special benefit if any, to be received by that portion of the
Property that is or will be owned by any Agency as such term is defined in Government Code
Section 53570(a), the State of California or the United States Government The actual value of
any Improvement upon which the Purchase Price for such Improvement may be based shafl equal
the aggregate Assessed Special Benefit for such Improvement as finally determined by the
assessment engineer and set forth in the final Engineer's Report and confirmed by the City
Council (the "Confirmed Assessed Special Benefit"). The Confirmed Assessed Special Benefit
shall be net of any portion of the cost of construction of the Improvements that represents (a) the
general benefit to be received from the Improvements and (b) the special benefit to be received
B-2
11.12.02
by the portion of the Property that is or will be owned by any Agency, the State of California or the
United States Government. Any such portion of the cost shall be bom solely by the Developers as
a Developer contribution in the form of a reduction in the Purchase Price for such Improvements
to an amount not to exceed the Confirmed Assessed Special Benefit.
3/ The aggregate amount of the cost of dry utilities or mitigation land which are to be owned by an
entity other than a 'political subdivision* as such term is used in the Internal Revenue Code and
regulations of the Internal Revenue Service which may be financed from the proceeds of tax
exempt bonds issued for the Financing District shall be limited to 5% of the proceeds of such
bonds which are eligible to be used to finance the acquisition of the Improvements.
B-3
I3/
11.12.02
EXHIBIT "C"
PAYMENT REQUEST NO.
The undersigned (the "Developer") hereby requests payment in the total amount of
$ for the Base and/or Retained Increment of the Purchase Price of the Improvements (as
defined in the Acquisition/Financing Agreement by and among the City of Carlsbad (the "City") and
Developer and described in Exhibit A to that Agreement), all as more fully described in Attachment
1 hereto. In connection with this Payment Request, the undersigned hereby certifies, represents and
warrants to the City as follows:
1. He(she) is a duly authorized representative or signatory of Developer, qualified to execute
this Payment Request for payment on behalf of Developer and is knowledgeable as to the
matters set forth herein.
2. The Improvements for which payment is requested were constructed in accordance with
the requirements of the Agreement
3. If this Payment Request is for payment of all or a portion of the Base Increment
Include the following sentence:
The Improvements that are the subject of this Payment Request for payment of the Base
Increment have been opened by the City for use by the public or can be opened for use the
public but such opening has been deferred solely by the City.
If this Payment Request is for payment of all or a portion of the Retained Increment
include the following sentence:
The Improvements that are the subject of this Payment Request for payment of the
Retained Increment have been accepted by the City Council of the City and the Notice of
Completion for such Improvements, a copy of which is attached as Attachment 2 hereto,
was recorded in the Office of the County Recorder of the County of San Diego on
, 20 .
4. The Purchase Price for the Improvements has been calculated in conformance with the
terms of the Agreement All costs for which payment is requested hereby are eligible
costs (as permitted in the Agreement) and have not been inflated in any respect The Base
and/or Retained Increment for which payment is requested has not been the subject of any
prior payment request paid by the City.
5. Supporting documentation (such as third party invoices, change orders and checks) is
attached with respect to each cost for which payment is requested.
6. No mechanics liens or other encumbrances have attached, or to the best knowledge of
Developer, after due inquiry, will attach to the Improvements.
C- 4
11.12.02
I hereby declare under penalty of perjury that the above representations and warranties
are true and correct.
DEVELOPER:
Dated:
CITY
Payment Request Approved for Submission to
Finance Director
City Engineer
Dated:
C- 5
133
11.12.02
ATTACHMENT 1
SUMMARY OF IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO.
Improvement Amount Previously Paid
Towards Purchase Price
Amount of Payment
Requested
[List here all Improvements for which payment is requested, and attach supporting
documentation]
C- 1
APPENDIX C
Environmental Certification
Notice of Determination
To: 13 Off ice of Planning and Research From: CITY OF CARLSBAD
P.O. Box 3044 Planning Department
Sacramento, CA 95812-3044 1635 Faraday Avenue
Carlsbad, CA 92009
£3 SD County Clerk (760)602-4600
Attn: Anthony J. Consul
Mail Stop A-33
1600 Pacific Highway
San Diego, CA 92101
Project No: EIR 03-03/MP 02-03/GPA 02-04/LFMP 14(B)/HMP 06-04/CT 02-26/HDP 02-07/
SUP 02-05
Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public
Resources Code.
Robertson Ranch Master Plan and Robertson Ranch East Village Master Tentative Map
Project Title
2004051039 City of Carlsbad, Barbara Kennedy (760) 602- 4626
State Clearinghouse No. Lead Agency, Contact Person Telephone Number
North of El Camino Real, east of Tamarack Avenue, and east and west of College Boulevard and
Cannon Road, Carlsbad CA, San Diego County (APN# 208-010-36,168-050-47, -54 & -56)
Project Locations (include County)
Name of Applicant: McMillin Land Development (Brian Milieh)
Applicant's Address: P.O. Box 85104 San Diego, CA 92816-5104
Applicant's Telephone Number: (619) 794-1308
Project Description: The project includes approval of a Program EIR, the Robertson Ranch
Master Plan, General Plan Amendment, Local Facilities Management Plan amendment, Habitat
Management Plan Permit, Master Tentative Map for the East Village, Special Use Permit
(Floodplain), and Hillside Development Permit. The proposed Master Plan would provide 1,122
dwelling units (with alternatives allowing up to up to 1,154 dwelling units) of varying densities.
At least 15% of the units are required to be affordable to lower income households to meet the
City's inclusionary housing requirements. In addition to the residential component, the master
plan proposes a local shopping center, community facility sites, elementary school site, public
park, community recreation areas, RV storage, roads, water quality detention basins and open
space pursuant to the requirements of the City's Habitat Management Plan (HMP).
The East Village Master Tentative Map subdivides the East Village project area into the various
planning areas and allows for major infrastructure improvements and mass grading of the site.
This is to advise that the City of Carlsbad has approved the above described project on
November 14, 2006, and has made the following determination regarding the above described
project.
1. The project will have a significant effect on the environment
2. £3 An Environmental Impact report was prepared for this project pursuant to the
provisions of CEQA.
Revised December 2004
I I A Negative Declaration was prepared for this project pursuant to the provisions of
CEQA.
i~~| This project was reviewed previously and a Negative Declaration was prepared
pursuant to the provisions of CEQA.
3. Mitigation measures were made a condition of the approval of the project.
4. A mitigation reporting or monitoring plan was adopted for this project.
5. A statement of Overriding Considerations was adopted for this project.
6. Findings were made pursuant to the provisions of CEQA,
This is to certify that the final Program EIR 03-03 with comments and responses and record of
project approval is available to the General Public at THE CITY OF CARLSBAD.
DON NEU, Acting Planning Director Date
Date received for filing at OPR:
Revised December 2004
CORKY MCMILLIN CONSTRUCTION SERVICES,INC SAN DIEGO COUNTY-CLERK
Voucher Invoice Date
Job Number Invoice Description
Invoice Amount Amount Held Net Amount
11200600442 110606 11/06/06 875.00
061260 CA DEPT OF FISH & GAME REVIEW FEE EIR
875.00
875.00
PAYEE: SAN DIEGO COUNTY CLERK VNDR: 20660 CHK NO:
875.00
1056128
AV
The Corky McMillin Companies
• •IMIr • Ueflgw • L««l Omlinmal • HOT.. • ComnvcM
CORKY MCMILLIN CONSTRUCTION SERVICES, INC
CALAVERA II
P.O. BOX 85104SAN DIEGO, CA 92186-5104
(619)477-4117
WESTERN FINANCIAL
15750 ALTON PARKWAY
IRVINE, CA 92618
90-8575/3222
DATE
11/06/06
CHECK NO.
1056128
AMOUNT
$*********875.QO
EIGHT HUNDRED SEVENTY-FIVE DOLLARS AND 00 CENTS
SAN DIEGO COUNTY CLERK
ORDER
OF
APPENDIX D
Property Owner's List
13?
APPENDIX D
PROPERTY OWNER LIST
ROBERTSON RANCH EAST
ASSESSMENT NUMBER
10-1 thru 10-12
PROPERTY OWNER
Calavera Hills II, LLC
c/o McMillin Companies LLC
2750 Womble Road
San Diego, CA 92106
APPENDIX E
Detailed Cost Information
College Boulevard, Reach B
Frontage Improvements
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Detailed Cost Information
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CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 2003-01
(COLLEGE BOULEVARD AND CANNON ROAD EAST)
TABLE 3A - COMPARISON OF MASTER DRAINAGE PLAN COSTS
AND
ESTIMATED CONSTRUCTION COSTS FOR BASIN BJB
MASTER DRAINAGE PLAN COST FOR BASIN BJB
Line Description
BJB Drop Structures (ENC)
Drop Structures (ENC)
Drop Structures (ENC)
Sedimentation Basin
Double 6' x 8' Box Culvert
Subtotal
15% Contingencies
Construction Cost
20% Engineering and Administration
Total Cost
Fee increase from original fee to 1/1/2002 (17.46%)
Total Current Cost
Quantity
25
28
9
24950
150
Units Unit Price
EA $ 880.00
EA $ 1,056.00
EA $ 1,232.00
CY LS
LF $ 735.00
Total Cost
$
$
$
$
$
$
$
$
$
$
$
$
22,000.00
29,568.00
11,088.00
379,469.00
110,250.00
552,375.00
82,856.25
635,231.25
127,046.25
762,277.50
133,093.65
895,371.15
ESTIMATED COST FROM McMILLIN FOR BASIN BJB
Hern Description Quantity
Staking
Earthwork
Erosion Control
Storm Drain
Specialty Item, Fence Pipe Double Gate
Street Surfacing
Landscape, Wetland Revegetation
Dev Cost, Misc Expense
Unknown Conditions
Construction Cost
Engineering and Administration
Right-of-Way and Easements
6.3% Developer's Overhead Costs
Subtotal
10% Contingencies
Total Estimated Cost
1
1
1
1
1
1
1
1
1
Units
LS
LS
LS
LS
LS
LS
LS
LS
LS
Unit Price
$
$
$
6,732.00
75,890.00
12,474.00
$676,604.00
$
$
$
$
$
3,540.00
40,552.65
95,170.00
17,680.00
39,281.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Total Cost
6,732.00
75,890.00
12,474.00
676,604.00
3,540.00
40,552.65
95,170.00
17,680.00
39,281.00
967,923.65
269,918.00
147,881.00
60,979.19
1,446,701.84
144,670.18
1,591,372.02
Basin BJB MuniFinancial / Dick Jacobs Associates September 14,2007
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 2003-01
TABLE 3B - COMPARISON OF MASTER DRAINAGE PLAN COSTS
AND
ESTIMATED CONSTRUCTION COSTS FOR STORM DRAIN LINE BJA
MASTER DRAINAGE PLAN COST
Line Description
BJA 33"RCP
Cleanouts
Catch Basins
Headwalls
Quantity Units Unit Price Total Cost
Subtotal
15% Contingencies
Construction Cost
1,200 LF $
4 EA $
3 EA $
2 EA $
20% Engineering and Administration
Fee increase from original
Total Cost
fee to 1/1/2002 (17.46%)
Total Current Cost
106.00 $
3,050.00 $
7,040.00 $
2,000.00 $
$
$
$
$
$
$
$
127,200.00
12,200.00
21,120.00
4,000.00
164,520.00
24,678.00
189,198.00
37,839.60
227,037.60
39,640.76
266,678.36
ESTIMATED COST OF STORM DRAIN LINE BJA FROM McMILLIN
Item Description
Staking
Erosion Control Misc
Storm Drain
Dev Cost, Misc Expense
Unknown Conditions
Construction Cost
Quantity
1
1
1
1
1
Units
LS
LS
LS
LS
LS
Unit Price
$
$
3,800.00
5,000.00
$159,092.00
$
$
3,430.00
5,698.00
6.3% Developer's Overhead Costs
Subtotal
$
$
$
$
$
$
$
$
10% Contingencies $
Total Estimated Cost $
Total Cost
3,800.00
5,000.00
159,092.00
3,430.00
5,698.00
177,020.00
11,152.26
188,172.26
18,817.23
206,989.49
Storm Drain Line BJA MuniFinancia! / Dick Jacobs Associates September 14, 2007
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CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 2003-01
(COLLEGE BOULEVARD AND CANNON ROAD EAST)
TABLE 3F - ESTIMATED CONSTRUCTION COST FOR 84 INCH STORM DRAIN LINE BJ
MASTER DRAINAGE PLAN COST FOR UNE BJ (EARTHEN CHANNEL)
Line Description Quantity Units
BJ Earthen Channel (80X6-2:1) 3,200 LF
Subtotal
15% Contingencies
Construction Cost
20% Engineering and Administration
Total Cost
Fee increase from original fee to 9/1/2006 (41 .2%)
Total Current Cost
Unit Price
$ 225.00 $
$
$
$
$
$
$
$
Total Cost
720,000.00
720,000.00
108,000.00
828,000.00
165,600.00
993,600.00
409,033.81
1,402,633.81
DRAINAGE FEE PERCENT CHANGE CALCULATION
AreaB
High Low
Original Fee (1994) $ 5,502 $ 3,362
Adjusted Fee (9/1/2006) $ 7,767 $ 4,748
Percent Increase 41.2% 41.2%
ESTIMATED COST OF 84 INCH STORM DRAIN LINE FROM McMILLIN
Item Description
Staking
Earthwork
Erosion Control
Drainage
Sewer
Misc Expense
Unknown Conditions
Quantity
Construction Cost
1
1
1
1
1
1
1
Units
LS
LS
LS
LS
LS
LS
LS
$
$
$
$
$
$
$
$
Unit Price
25,000.00
22,800.00
5,800.00
1,858,922.00
21,364.00
17,000.00
97.544.30
2,048,430.30
Engineering And Administration
6.3 %Developers Overhead
Subtotal
10% Contingency
Total Estimated Cost
$
$
$
$
$
$
$
$
$
$
$
$
$
Total Cost
25,000.00
22,800.00
5,800.00
1,858,922.00
21,364.00
17,000.00
97.544.30
2,048,430.30
297,130.00
129,051.11
2,474,611.41
247,461.14
2,722,072.55
Storm Drain Line BJ-84lnch MuniFinancial / Dick Jacobs Associates September 14, 2007
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 2003-01
(COLLEGE BOULEVARD AND CANNON ROAD EAST)
TABLE 3G - MASTER PLAN DRAINAGE FEE CALCULATION
ROBERTSON RANCH EAST
Planning
Area
15
16
17
18
21
Totals
Gross
Acres
3.5
20.0
22.2
22.2
9.0
76.9
GPUnd
Use
RH
RM
RM
RM
RMH
Drainage Fee
per Acre (1)
$
$
$
$
$
7,767
4,748
4,748
4,748
7,767
Drainage Fee
$
$
$
$
$
$
27,184.50
94,960.00
105,405.60
105,405.60
69,903.00
402,858.70
1.Based on City of Carlsbad Fee Schedule amended September 2006
Robertson Drainage Fee Calc MuniFinancial / Dick Jacobs Associates September 14, 2007
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 2003-01
(COLLEGE BOULEVARD AND CANNON ROAD EAST)
TABLE 3H - ESTIMATED CONSTRUCTION COST FOR 54 INCH STORM DRAIN LINE
PROPORTIONATE SHARE OF 84 INCH STORM DRAIN PIPELINE
ESTIMATED COST OF 54 INCH STORM DRAIN LINE FROM McMILLIN
Item Description Quantity Units
RCP42"1350-D
RCP48"1350-D
RCP54"1350-D
RCP72"1350-D
Cleanout (Per D-9, Type A)
Headwall D35 Wing/U 42"-84" (for RCP 72")
Dissipator (Type D-40 for 72")
Unknown Conditions
Construction Cost
Engineering And Administration
6.3 % Developers Overhead
Subtotal
10% Contingency
Total Estimated Cost
940
1280
86
801
7
1
1
1
LF
LF
LF
LF
Ea
Ea
Ea
LS
Unit Price
$
$
$
$
$
$
$
$
142.00
168.00
234.00
333.00
12,000.00
14,000.00
59,000.00
39,618.85
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Total Cost
133,480.00
215,040.00
20,124.00
266,733.00
84,000.00
14,000.00
59,000.00
39,618.85
831,995.85
165,000.00
52,415.74
1,049,411.59
104,941.16
1,154,352.75
PROPORTIONATE SHARE OF 84 INCH STORM DRAIN LINE - CALAVERA HILLS AND ROBERTSON RANCH
$
$
ESTIMATED COST OF 84 INCH STORM DRAIN LINE FROM McMILLIN
ESTIMATED COST OF 54 INCH STORM DRAIN LINE FROM McMILLIN
INCREMENTAL COST - 54 Inch to 84 Inch $
Calavera Hills Share of 84 Inch Storm Drain Pipeline $ 1,567,719.80
Robertson Ranch East Share of 84 Inch Storm Drain Pipeline $ 1,154,352.75
Total $ 2,722,072.55
2,722,072.55
1,154,352.75
1,567,719.80
57.6%
42.4%
Storm Drain Line 54 Inch MuniFinancial / Dick Jacobs Associates September 14, 2007
111
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 2003-01
(COLLEGE BOULEVARD AND CANNON ROAD EAST)
TABLE 4 - GENERAL BENEFIT CALCULATION
Item
Beginning Station
Ending Station
Length of Reach
2 lanes of width @ 12' each
Square Footage of Area
Cost of Improvements (1)
Aggregate Base
3.5" of Asphalt
1.5" of Asphalt
Sand Seal
Total Cost per sf
Total Cost of General Benefit (2)
College Blvd
Reach C
63+24
101+70
$
$
$
$
$
$
3,846
24
92,304
1.44
0.93
0.43
0.03
2.83
261,220
College Blvd
Reach B
101+70
118+25
$
$
$
$
$
$
1,655
24
39,720
1.44
0.94
0.43
0.03
2.84
112,805
Cannon Rd.
Reach 3
126+20
104+28
$
$
$
$
$
$
3,908
24
93,792
1.44
0.94
0.43
0.03
2.84
266,369
Notes:
(1) The cost of improvements reflects the bid amounts for each Reach.
(2) This amount has been deducted in the Table 5 and all Tables that follow.
General Benefit calc MuniFinancial / Dick Jacobs Associates September 14,2007
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(COLLEGE BOULEVARD AND CANNON ROAD EAST)
TABLE 6 - ALLOCATION OF SOFT COSTS FOR PHASE 2
Developers Cost
Code
022056020
022056035
022501030
022501035
022501040
022501055
022502020
022503005
022503006
022503020
022503025
022503026
022503045
022503050
022504015
022504030
022505005
022506010
022507005
022507030
022508040
022508080
022521010
022522005
022522015
022524005
022526005
022631006
022631015
022631030
022631035
022631045
022632010
022632015
022632025
022633070
022634015
022634020
022634066
022651025
022651055
022651060
022651075
022651085
022651095
022881005
Description
Assessment District Mapping
Auditing Engineer
Separate Legal Description Preparation
Offsite Easement/Dedication
Exterior Monumentation
Boundary, Topo for Design
Addrt Drainage Dsn-Grading Plan Prep
Improvement Plans
Plan Changes-lmpt Plan Preparation
Traffic Signal Dsn
Traffic Control Dsn
Striping Plan-Traffic Consultant
Foundation Design-Structural Enginner
As Builts-lmprovement Plans
Pavement Design
Supplemental Evaluation
Agency Permits
Transmission Design-Water System
Project Utility Coordination
Relocation Design
Parkway & Median P&l Landscape Arch
Plan Changes-Landscape Arch
Impt. Observation (Trenching, Paving)
Construction Administration
Impt Plan Construction Changes
Construction Administration
Environmental Mitigation Monitor
Misc. Plats- Plan Check Fee
Improvement Plan Check Fee
Reclaimed Water Plan Check Fee
Landscape Plan Check Fee
Plan Change Fee
Improvement Inspection Fee
Rec Water-Health Dept Inspection Fee
Landscape Inspection Fee
Street Light Fees
Improvement Bond (Initial)
Improvement Bond (Renewal)
Bond Commissions
Dev Construction Permit Fee
Irrigation Meter Fee
Irrigation Capacity Fee
Irrigation Plumbing Permit Fee
Electrical Service Permit Fee
Gas & Electric Deposit
Contract Reimbursable Expenses
Less Gas & Electric Deposit
Total Soft Cost
Total for
College &
Cannon
$ 25,000
$ 35,000
$ 10,000
$ 6,850
$ 82,500
$ 68,000
$ 30,000
$ 35,000
$ 25,000
$ 3,000
$ 1,000
$ 2,000
$ 30,000
$ 15,000
$ 50,000
$ 12,000
$ 30,000
$ 10,000
$ 10,000
$ 15,000
$ 2,000
$ 38,000
$ 300
$ 5,000
$ 2,000
$ 36,000
$ 300
$ 3,000
$ 3,432
$ 21,440
$ 10,720
$ 7,075
$ 4,200
$ 101,472
$ 600
$ 600
$ 360,000
$ 15,000
$ 1,106,489
$ (360,000)
$ 746,489
College
Blvd Reach
B
$ 8,333
$ 11,667
$ 3,333
$ 2,283
$ 27,500
$ 22,667
$ 10,000
$ 11,667
$ 8,333
$ 1,000
$ 333
$ 667
$ 10,000
$ 5,000
$ 16,667
$ 4,000
$ 10,000
$ 3,333
$ 3,333
$ 5,000
$ 667
$ 12,667
$ 100
$ 1,667
$ 667
$ 12,000
$ 100
$ 1,000
$ 1,144
$ 7,147
$ 3,573
$ 2,358
$ 1,400
$ 33,824
$ 200
$ 200
$ 120,000
$ 5,000
$ 368,830
$ (120,000)
$ 248,830
Cannon Rd
Reach 3(1)
$ 16,667
$ 23,333
$ 6,667
$ 4,567
$ 55,000
$ 45,333
$ 20,000
$ 23,333
$ 16,667
$ 2,000
$ 667
$ 1,333
$ 20,000
$ 10,000
$ 33,333
$ 8,000
$ 20,000
$ 6,667
$ 6,667
$ 10,000
$ 1,333
$ 25,333
$ 200
$ 3,333
$ 1,333
$ 24,000
$ 200
$ 2,000
$ 2,288
$ 14,293
$ 7,147
$ 4,717
$ 2,800
$ 67,648
$ 400
$ 400
$ 240,000
$ 10,000
$ 737,659
$ (240,000)
$ 497,659
84 Inch Storm
Drain BJ
$ 2,500
$ 11,500
$ 20,000
$ 35,000
$ 25,000
$ 10,000
$ 2,000
$ 20,000
$ 60,000
$ 10,000
$ 10,000
$ 3,000
$ 20,000
$ 14,000
$ 1,000
$ 17,000
$ 11,000
$ 5,500
$ 3,630
$ 10,000
$ 6,000
$ 297,130
(1) Soft costs allowed for Reach 3. Frontage, equate 89.97% of total to account for Park Frontage.
Soft Costs for Phase 2 (2)
MuniFinancial / Dick Jacobs Associates
September 14, 2007
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1
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 2003-01
(COLLEGE BOULEVARD AND CANNON ROAD EAST)
TABLE 12 - COST ESTIMATE AND TOTAL BOND SIZE
1. Construction Cost of Improvements (See Table 5)
a. College Blvd. Reach C, Core Improvements (1)
b. College Blvd. Reach C, Frontage Improvements (1)
c. College Blvd. Reach B, Core Improvements (1)
d. College Blvd, Reach B, Frontage Improvements
e. Cannon Road, Reach 3, Core Improvements (1)
f. Cannon Road, Reach 3, Frontage Improvements
g. Basin BJB and Storm Drain Line BJA Improvements (1)
h. 84 Inch Storm Drain Pipeline - Calavera Hills
i. 84 Inch Storm Drain Pipeline - Robertson Ranch
Subtotal of Construction
Adjustment for Dry Utilities in excess of 5% of Bond Amount
Subtotal of Adjusted Construction
2. Land & Right-of-Way (included in item 1)
3. Less General Benefit Contributions (subtracted within item 1)
4. Less Special Benefit Contributions (2)
Subtotal - Construction Cost Assessed
5. Cost of Formation and Issuance
6. Less Interest Earned
9. School Contingency
8. Capitalized Interest
9. Bond Reserve
GRAND TOTAL
(1) Completed Improvements
(2) Includes contribution for public, non-profit HOA parcels, Affordable Housing parcels, and parcete located outskte of the
Assessment District
(3) Contingency in place until decision made on alternative use parcel. Planning Area 14, (School or 16 Single Family homes).
Confirmed
Assessment
July 3,2003
$
$
$
$
$
$
$
$
$
$
$
$
$
$
!_
$
$
$
$
$
$
$
2,253,289
4,523,233
3,154,460
1,379,057
5,336,934
3,123,955
1,361,536
-
-
21,132,464
(707,694)
20,424,770
-
-
(2.026.631)
18,398,140
1,646,561
-
-
1,670,392
2,147,646
23,862,738
Preliminary
Amended
Assessment
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$_
$
$
$
$
$
$
$
2,061,308
4.472,480
2,653,428
2,181,883
5,199,774
6,054,650
425,236
902,723
568.268
24,519.751
(696,360)
23,823.402
-
-
(3,320.804)
20,502,598
1,548,783
-
150,654
1,099,121
2.061.644
25.362.799
Final
Amended
Assessment
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2,061,308
4,472,480
2,653,428
2,100,178
5,199,774
5,880,043
425,236
902,723
568,268
24,263,439
(738,224.82)
23,525,214
-
-
(3,294,976)
20.230,238
1,546,085
-
145,566
1,088,330
2,047,770
25,057,988
Final Total Bond Size MuniFinancial / Dick Jacobs Associates September 14, 2007
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 2003-01
(COLLEGE BOULEVARD AND CANNON ROAD EAST)
TABLE 13 - AUDITED COSTS. COST ESTIMATES AND SERIES A BOND RECONCILIATION
1. Construction Cost of Improvements (See Table 5) (1)
a. College Blvd. Reach C, Core Improvements
b. College Blvd. Reach C, Frontage Improvements
c. College Blvd, Reach B, Core Improvements
d. College Blvd, Reach B, Frontage Improvements
e. Cannon Road, Reach 3, Core Improvements
f. Cannon Road, Reach 3, Frontage Improvements
g. Basin BJB and Storm Drain Line BJA Improvements
h. 84 Inch Storm Drain Pipeline&Line BJ Rip Rap - Calavera Hills
i. 84 Inch Storm Drain Pipeline - Robertson Ranch
Subtotal of Construction
Adjustment for Dry Utilities in excess of 5% of Bond Amount
Subtotal of Adjusted Construction
2. Land & Right-of-Way (included in item 1)
3. Less General Benefit Contributions (subtracted within item 1)
4. Less Special Benefit Contributions (2)
5. Less Unfunded Facilities
Subtotal - Construction Cost Assessed to Calavera Hills
6. Cost of Formation and Issuance (first series of bonds)
7. Less Interest Earned
8. Capitalized Interest
9. Bond Reserve
Total Calavera Hills Assessment
10. Unallocated Bond Improvement Funds
11. Total Series A Principal Amount
(1) Net of General Benefit Contributions
(2) Includes contribution for public, non-profit HOA parcels. Affordable Housing parcels, and parcels located outside of the
Assessment District
Confirmed
Assessment
July 3,2003
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2,253,289
4,523,233
3,154,460
-
5,336,934
-
1,361,536
-
-
16,629,452
(707,694)
15,921,758
-
-
(2,026,631)
(4,139,010)
9,756,117
1,018,432
-
897,879
1,154,416
12,826,845
Preliminary
Amended
Assessment
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2,061,308
4,472,480
2,653,428
-
5,199,774
-
425.236
902,723
-
15,714,950
(149,802)
15,565,148
-
-
(1,471,286)
(4.296.058)
9,797.804
876,766
-
151,053
842,700
11,668,323
91,677
11,760,000
Final
Amended
Assessment
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2,061,308
4,472,480
2,653,428
-
5,199,774
-
425,236
902,723
-
15,714,950
(149,802)
15,565,148
-
-
(1,471,286)
(4,296,058)
9,797,804
876,766
-
151,053
842,700
11,668,323
91,677
11,760,000
Final Series A Bond MuniFinancial / Dick Jacobs Associates September 14, 2007
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 2003-01
(COLLEGE BOULEVARD AND CANNON ROAD EAST)
TABLE 14 - COST ESTIMATE AND SERIES B BOND SIZE
Confirmed
Assessment
July 3,2003
1.
2.
4.
5.
6.
7.
8.
9.
10
Construction Cost of Improvements (See Table 5) (1)
a. College Blvd. Reach C, Core Improvements
b. College Blvd, Reach C, Frontage Improvements
c. College Blvd, Reach B, Core Improvements
d. College Blvd, Reach B, Frontage Improvements
e. Cannon Road, Reach 3, Core Improvements
f. Cannon Road, Reach 3, Frontage Improvements
g. Basin BJB and Storm Drain Line BJA Improvments
h. 84 Inch Storm Drain Pipeline&Line BJ Rip Rap - Calavera Hills
i. 84 Inch Storm Drain Pipeline - Robertson Ranch
h. Unfunded facilities from Series A Bond
Subtotal of Construction
Adjustment for Dry Utilities in excess of 5% of Bond Amount
Subtotal of Adjusted Construction
Land & Right-of-Way (inducted in item 1)
Less General Benefit Contributions (subtracted within item 1)
Less Special Benefit Contributions (2)
Subtotal - Construction Cost Assessed to Robertson Ranch East
Cost of Formation and Issuance (second series of bonds)
a. City Administration
b. Assessment Engineering
c. Bidding Procedures and Audit of Acquisition Costs
d. Bond Counsel
e. Appraisal
f. Absorption Consultant
g. Financial Advisor
h. Official Statement/Bond Printing
i. Fiscal/Paying Agent
j. Underwriters Counsel
k. First 2 years additional Annual Administration Cost
I. Previous City funded Engineering Costs
m. Contingency
Total Incidentals
SUBTOTAL
Less Interest Earned
Capitalized Interest (1 yr @ 7% interest)
School Contingency
. Financing Costs
Bond Discount (1.75%)
Bond Reserve (9%)
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
1,379,057
-
3,123,955
-
-
-
4,139,010
8,642,022
-
8,642,022
-
-
-
8,642,022
100,000
40,000
20,000
45,000
40,000
25,000
40,000
30,000
15,000
35,000
-
-
45,000
435,000
9,077,022
-
772,513
-
193,128
993,230
Preliminary
Amended
Assessment
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
2,181,883
-
6,054,650
-
-
568,268
4,296,058
13,100,859
(546.547)
12,554,312
-
(1,849,518)
10,704,794
100,000
40,000
20,000
45,000
40,000
25,000
40,000
30,000
15,000
35,000
-
-
45,000
435,000
11,139,794
948,068
150,654
237,017
1,218,944
Final
Amended
Assessment
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
2,100,178
-
5,880,043
-
-
568,268
4,296,058
12,844,546
(588,423)
12,256,124
-
(1,823,690)
10,432,434
100,000
40,000
20,000
45,000
40,000
25,000
40,000
30,000
15,000
35,000
-
-
45,000
435,000
10,867,434
937,277
145,566
234,319
1.205,070
GRAND TOTAL $ 11,035,893 $ 13,694,476 $ 13,389,665
(1) Net of General Benefit Contributions
(2) Includes contribution tor public, non-profit HOA parcels, Affordable Housing parcels, and parcels located outskte of the
Assessment District
Final Series B Bond MuniFinancial / Dick Jacobs Associates September 14, 2007
ASSESSMENT BALLOT
City of Carlsbad
Assessment District No. 2003-01
(College Boulevard and Cannon Road East)
This assessment ballot is for the use of the owner of the parcels identified below (the
"Identified Parcels") which is located within the boundaries of Benefit Area No. 2 of City
of Carlsbad Assessment District No. 2003-01 (College Boulevard and Cannon Road
East) ("Assessment District"). Please advise the City Clerk of the City of Carlsbad at
(760) 434-2808 if you are not the owner of the Identified Parcel.
This assessment ballot may be completed by the owner of the Identified Parcels or a
legally authorized representative of such owner to express such owner's support for or
opposition to the proposed increase in the assessment to be levied on the Identified
Parcels for the Assessment District. The amount of the proposed increase in the
assessment is set forth below.
THE INSTRUCTIONS FOR THE COMPLETION AND RETURN OF THIS
ASSESSMENT BALLOT MAY BE FOUND ON THE REVERSE SIDE OF THIS
ASSESSMENT BALLOT. You must follow these instructions in completing this
assessment ballot to insure that this assessment ballot will be accepted.
Certification of or on behalf of Owner:
I certify under penalty of perjury that I am the owner of the Identified Parcels or a
representative of such owner and am legally authorized to complete this assessment
ballot on behalf of such owner.
Signature of person completing this assessment ballot
Do you support or oppose the increase in the assessment
set forth below on the Identified Parcels?
SUPPORT
OPPOSE[]
Identified Parcels: Assessment Nos.
10-2 (Planning Area 21), 10-4 (Planning
Area 14) and 10-5 (Planning Areas 16, 17
and 18)
Proposed Increase in Assessments:
$2,658,583
SDPUB\WDIVEN\347997.1
Instructions:
How to complete this assessment ballot: You may indicate whether you support or
oppose the levy of the proposed assessment on the property identified below by placing
a cross (+) using a pen in the brackets to the right of the word "SUPPORT" or to the
right of the word "OPPOSE". Mark within only one bracket. You must sign this
assessment ballot in the space provided for your signature. By signing this assessment
ballot you are certifying that you are either (a) the owner of the Identified Property or (b)
a representative of such owner legally authorized to complete this assessment ballot on
behalf of such owner. This assessment ballot will be disqualified if it is not signed.
How to return this assessment ballot: Seal the assessment ballot in the
accompanying pre-addressed envelope and either (a) deposit the envelope in the U.S.
mail or (b) deliver the envelope containing the assessment ballot to the following
address: City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California
92008.
Deadline for Return of this assessment ballot: If returned by deposit in the U.S. mail,
the envelope must be received by the City Clerk not later than 5:00 pm on June 19,
2007. If mailing this assessment ballot, you must allow sufficient time to ensure that this
assessment ballot is received prior to such date and time. If delivering this assessment
ballot, it must be delivered to and received by the City Clerk at the above address not
later than the closure of the public hearing for the assessment district scheduled to be
held at 6 pm on June 19, 2007.
If such public hearing is continued to a subsequent date, the deadline for receipt of this
assessment ballot shall also be extended to the close of such public hearing. No notice
of such continuance shall be provided.
Withdrawing or changing this assessment ballot: This assessment ballot may be
withdrawn at any time prior to the closure of the public hearing by request of the person
signing the assessment ballot made to the City Clerk.
This assessment ballot may be changed at any time prior to the closure of the public
hearing by withdrawing this assessment ballot and requesting a replacement
assessment ballot. Only the person signing this assessment ballot may make such a
request. The replacement assessment ballot must be received by the City Clerk prior to
the deadline set forth above.
Questions: If you have questions regarding these instructions or this assessment
ballot, please call the City Clerk between 8 am and 5 pm Monday through Friday on
Friday at the following phone number:
City Clerk
City of Carlsbad
(760) 434-2808
SDPUB\WDIVEN\347997.1
The Coast News
Decreed A Legal Newspaper by the Superior Court
of San Diego County.
Mail all correspondence regarding public
notice advertising to
The Coast News, P.O. Box 232-550,
Encinitas, CA 92023 (760) 436-9737
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the united States and a resident of the
county aforesaid;
1 am over the age of eighteen years, and not a party to or
interested in the above entitled matter.
I am principal clerk of the printer of The Coast News, a
newspaper printed and published weekly and which news-
paper has been adjudged a newspaper of general circulation
for the cities of Del Mar, Solana Beach, Encinitas/Cardiff,
Carlsbad, Oceanside, San Marcos/Vista and the County
Judicial District by the Superior Court of the State of
California, County of San Diego (8/4/94, #677114, B2393,
P396); and that the notice, of which the annexed is a print-
ed copy, has been published in, each regular and entire issue
of said newspaper and not in any supplement thereof on the
following dates, to-wit:
Mav 4th. 2007
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Encinitas, County of San Diego, State of
California on the ^th jAMf May, 2007.
Clerk of the Printer
Space above for County Clerk's Filing Stamp
RESOLUTION NO. 2007-085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO
CONSIDER ORDERING CERTAIN CHANGES AND MODIFI-
CATIONS IN THE IMPROVEMENTS ORDERED TO BE
ACQUIRED AND THE ASSESSMENTS LEVIED WITHIN BEN-
EFIT AREA NO. 2 OF ASSESSMENT DISTRICT NO. 2003-01 (COLLEGE
BOULEVARD AND CANNON ROAD EAST) AND THE SEGREGATION AND
APPORTIONMENT OF ASSESSMENTS WITHIN SUCH ASSESSMENT DIS-
TRICT AS THE RESULT OF THE SUBDIVISION OF PROPERTY THEREIN
WHEREAS, the City Council of the City of Carlsbad (the "City"),
California, has previously undertaken proceedings to form an assessment dis-
trict, to designate two benefit areas therein and to levy assessments therein to
finance the acquisition of certain public improvements pursuant to the terms
and provisions of the "Municipal Improvement Act of 1913" (Streets and
Highways Code Section 10000 and following) (the "Improvement Act"), Article
XIIID of the Constitution of the State of California ("Article XIIID") and the
Proposition 218 Omnibus Implementation Act (Government Code Section
53750 and following) (collectively, the "Assessment Law"), such assessment
district known and designated as Assessment District No. 2003-01 (College
Boulevard And Cannon Road East) (the "Assessment District"); and,
WHEREAS, subsequent to the formation of the Assessment District and
the levy of assessments therein pursuant to the Assessment Law:
A. The City issued the City of Carlsbad Assessment District No. 2003-01
(College Boulevard and Cannon Road East) Benefit Area No. 1 (Calavera Hills
II) Limited Obligation Improvement Bonds in the principal amount of
$11,730,000 secured by the unpaid assessments levied on the properties with-
in Benefit Area No. 1 of the Assessment District;
B. Calavera Hills II, LLC (the "Developer"), the owner and developer of
the property within the Assessment District, has proposed to construct an 84"
diameter storm drain along Cannon Road (the "Cannon Road Storm Drain") in
lieu of constructing improvements to the channel along the south side of
Cannon Road and has requested that the City initiate proceedings to add the
Cannon Road Storm Drain to the improvements ordered to be acquired through
the Assessment District and to modify the assessments within Benefit Area No.
2 of the Assessment District to reflect the special benefit to be received by the
properties within Benefit Area No. 2 from the Cannon Road Storm Drain; and
C. The property within the Assessment District has been further subdi-
vided necessitating the segregation and apportionment of the original assess-
ments within the parcels created as a result of the subdivision of such proper-
ties; and
WHEREAS, the City Council desires to consider the modifications to the
improvements ordered to be acquired through the Assessment District to
include the Cannon Road Storm Drain and to the assessments levied within
Benefit Area No. 2 and to order the segregation and apportionment of the
assessments within the parcels created as a result of the subdivision of the
properties within the Assessment District; and
WHEREAS, the City Council has received an Amended and Restated
Final Engineer's Report (the "Amended Engineer's Report") prepared by Dick
Jacobs Associates, assessment engineer to the City for these proceedings (the
"Assessment Engineer"), describing the changes proposed to be made, includ-
ing the Cannon Road Storm Drain proposed to be ordered to be acquired, the
amount of the estimated increase in the cost of the improvements by reason of
the proposed inclusion of the Cannon Road Storm Drain as part of such
improvements, the increase, and modification of the assessments levied on the
parcels within Benefit Area No. 2 to reflect the special benefit received by such
parcels from the Cannon Road Storm Drain and setting forth an amended dia-
gram of the Assessment District and the segregation and apportionment of the
assessments originally levied within the Assessment District to reflect the sub-
division of the property within the Assessment District; and
WHEREAS, pursuant to Streets and Highways Code Sections 8732 and
10353 it is necessary for this City Council to adopt a resolution to (1) briefly
describe the proposed changes within the Assessment District, (2) give notice
of the time and place for a public hearing where (a) persons may appear and
show cause why such changes should not be ordered and/or (b) all persons
interested in the original assessment, or in the lands affected thereby or in the
bonds secured thereby, may appear and protest against the segregation and
apportionment of the assessments and (3) order the initiation of assessment
ballot proceedings to enable the owners of the properties within Benefit Area
No. 2 to express their support for or opposition to the proposed increase in the
assessments levied on such properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. Recitals. The above recitals are all true and correct.
2. Amended Engineer's Report. The Amended Engineer's Report as
received by this City Council is hereby adopted, passed upon, and preliminari-
The Coast News
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Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the
county aforesaid;
I am over the age of eighteen years, and not a party to or
interested in the above entitled matter.
I am principal clerk of the printer of The Coast News, a
newspaper printed and published weekly and which news-
paper has been adjudged a newspaper of general circulation
for the cities of Del Mar, Solana Beach, Encinitas/Cardiff,
Carlsbad, Oceanside, San Marcos/Vista and the County
Judicial District by the Superior Court of the State of
California, County of San Diego (8/4/94, #677114, B2393,
P396); and that the notice, of which the annexed is a print-
ed copy, has been published in, each regular and entire issue
of said newspaper and not in any supplement thereof on the
following dates, to-wit:
Mav 4th. 2007
1 certify under penalty of perjury that the
foregoing is true and correct. Executed at
Encinitas, County of San Diego, State of
California on theMMy/of May, 2007.
Clerk of the Printer
Space above for County Clerk's Filing Stamp
ly approved. A copy of the Amended Engineer's Report shall be kept on file in
the Office of the City Clerk and shall be available for inspection during normal
business hours of such office.
3. Declaration of Intention. The public interest, convenience and
necessity require, and it is the intention of this City Council to consider, chang-
ing the improvements ordered to be acquired to include the Cannon Road
Storm Drain and increasing the assessments levied on the properties within
Benefit Area No. 2 to reflect the special benefit received by such properties from
the Cannon Road Storm Drain. It is the further intention of this City Council to
order the segregation and apportionment of the original assessments to reflect
the subdivision of the properties within the Assessment District.
4. Description of Proposed Changes within the Assessment District.
Reference is made to the Amended Engineer's Report for a description of the
proposed changes to be made in the Assessment District, including a descrip-
tion of the change in the improvements ordered to be acquired to include the
Cannon Road Storm Drain, the estimated increase in the cost of the improve-
ments resulting from the inclusion of the Cannon Road Storm Drain and the pro-
posed increase in the assessments levied on the properties within Benefit Area
No. 2 of the Assessment District to reflect the special benefit to be received by
such properties from the Cannon Road Storm Drain.
5. Proposed Segregation and Apportionment of the Original
Assessments. Further reference is made to the Amended Engineer's Report for
amended diagram of the assessment district and the segregation and appor-
tionment of the original assessments to reflect the subdivision of the properties
within the Assessment District.
6. Notice of Public Hearing. Notice is hereby given that a public hearing
is hereby scheduled to be held at the City Council meeting room of the City of
Carlsbad located at 1200 Carlsbad Village Drive, Carlsbad, California 92008 on
June 19, 2007 at 6:00 p.m. At such time all persons may appear and (a) show
cause why the proposed changes in the Assessment District described in para-
graph 4 above should not be made and/or (b) protest against the proposed seg-
regation and apportionment of the assessments.
7. Initiation of Assessment Ballot Proceedings. Pursuant to the provi-
sions of the Assessment Law, the record owner of each parcel within Benefit
Area No. 2 for which the original assessment is proposed to be increased to
reflect the special benefit from the Cannon Road Storm Drain has the right to
submit an assessment ballot in favor of or in opposition to the proposed
increase in such assessment.
Assessment ballots will be mailed to each such record owner. Each such
owner may complete such assessment ballot and thereby indicate such owner's
support for or opposition to the proposed increase in the assessment levied
against such owner's property. All such assessment ballots must be received
by the City Clerk at the following address at or before the time set for the close
of the public hearing:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
An assessment ballot received after the close of the public hearing will
not be tabulated even though the postmark on the envelope transmitting the
assessment ballot is dated on or before the date of the public hearing.
At the conclusion of the public hearing, the City Council shall cause the
tabulation, pursuant to Government Code Section 53753, of the assessment
ballots timely received. If a majority protest, as described below, exists the City
Council shall not increase the assessments within Benefit Area No. 2. A major-
ity protest exists if the assessment ballots submitted, and not withdrawn, in
opposition to the proposed increase in assessment exceed the assessment bal-
lots submitted, and not withdrawn, in favor of such proposed increase in assess-
. ment. In tabulating the assessment ballots, each assessment ballot shall be
weighted by the amount of the proposed increase in the assessment to be
imposed upon the identified parcel for which such assessment ballot was sub-
mitted.
For purposes of tabulating the assessment ballots for these proceedings
as required pursuant to the Assessment Law, the City Council hereby desig-
nates the City Clerk to act as the tabulation official to tabulate the assessment
ballots submitted.
8. City Clerk. The City Clerk is hereby directed to mail or cause to be
mailed notice of the public hearing, together with the assessment ballot materi-
als, to the record owner of each parcel within Benefit Area No. 2 for which the
assessment is proposed to be increased. Such mailing shall occur not less than
45 days before the date set for the public hearing.
The City Clerk is further directed to publish a copy of this resolution in a
newspaper of general circulation within the City. Such publication shall occur not
less than fifteen (15) days before the date set for the public hearing.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 24th day of April, 2007.
CN 4333, May 4, 2007
1Assessment District No. 2003-01(College Boulevard and Cannon Road East)October 2, 2007
2College/Cannon AD 2003-01History¾July 2003 – Declared intent to form the assessment district¾September 2003 - Public hearing conducted and district formed¾May 2004 - Authorized bonds for Benefit Area No. 1
3College/Cannon AD 2003-01History (cont.)¾November 2006 – Approved Robertson Ranch Master PlanRequire an 84” Storm Drain¾February 2007 – Approved amendment to Acquisition/Financing Agreement to include the 84” Storm Drain¾April 2007 – Set public hearing¾June 2007 – Public hearing continued
4Improvements1.College Boulevard¾Core improvements2.College Boulevard¾Frontage improvements3.Cannon Road¾El Camino to College4.84” Storm Drain Improvement
5
6Tonight¾Hold a public hearing¾Tabulate the ballots¾Approve Final Engineer’s Report¾Confirm the increase in the assessments¾Approve the assessment reapportionment¾Approve changes and modifications in improvements
7Ballot Tabulation¾Property owner notified¾Ballot returned¾Approve changes
8Final Engineer’s Report¾Plans and Specifications¾Cost Estimate of Project¾Proposed Assessment to all Parcels¾Maximum Annual Administrative Assessment¾Map¾Description of Improvements
9Estimated AssessmentOriginal July 2003$ 20,424,7701,228,963(2,026,631)4,235,636$ 23,862,73812,826,84511,035,893$ 23,862,738Proposed October 2007$ 23,525,2141,105,966(3,294,976)3,721,784$ 25,057,98811,668,32313,389,665$ 25,057,988DescriptionConstruction CostsFormation and Issuance CostsLess Special Benefit ContributionsCap Interest & Financing CostsTotalSubtotal Benefit Area No. 1Subtotal Benefit Area No. 2Total Assessment
10Tax Burden Restriction¾Total tax burden for any single family home in the District should not exceed 1.8% of the estimated purchase price¾Anticipated tax burden will not exceed 1.71% for a single-family home¾Average annual assessment, for Benefit Area No. 2, increases from $1,599 to $2,699
11Recommended Action¾Hold the Public Hearing¾Questions and Comments¾Adopt Resolution 2007-263