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HomeMy WebLinkAboutConsent and Waiver - Community Facilities District no 2019-1 San Luis RanchCONSENT AND WAIVER CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH) City Council City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401 Members of the City Council: This is a consent and waiver with respect to certain procedural matters under the Mello - Roos Community Facilities Act of 1982 (the "Act"), and the undersigned hereby states as follows: 1. Landowner; Property. This Consent and Waiver is submitted by MI San Luis Ranch, LLC (the "Landowner"), as the legal owner of the real property described in Exhibit A attached hereto and made a part hereof (the "Property"). Pursuant to a petition of the Landowner, the City Council (the "City Council") of the City of San Luis Obispo (the "City") has commenced proceeding under the Act to establish a community facilities district proposed to be named City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch) (the "Community Facilities District"). All of the Property is proposed to be included within the boundaries of the Community Facilities District and no other real property not exempt from the special tax is proposed to be included within the boundaries of the Community Facilities District. The Property consists of approximately 131.3 acres. The boundaries of the territory that is proposed for inclusion in the Community Facilities District are described in Exhibit B attached hereto and made a part hereof. 2. Proceedings. The Landowner hereby acknowledges and agrees that the City Council has, pursuant to a petition of the Landowner, commenced proceedings pursuant to the Act to establish the Community Facilities District, to authorize the levy of a special tax in the Community Facilities District to finance certain public facilities, and to authorize special tax bonds for the Community Facilities District in an amount not to exceed $25,000,000. The public facilities proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption "Facilities" on Exhibit C attached hereto. The City Council has fixed April 2, 2019 at 6:00 p.m. or as soon thereafter as the City Council may reach the matter, at 990 Palm Street, San Luis Obispo, California, as the time and place where the City Council will conduct public hearings on the establishment of the Community Facilities District and the proposed debt issue of the Community Facilities District. The Landowner hereby acknowledges and agrees that notices of the hearings were published by the City Clerk on March 21, 2019 in the New Times, a newspaper of general circulation published in the area of the Community Facilities District. The Landowner hereby acknowledges and agrees that it had actual notice of the public hearings, that notice of such hearings has been given in accordance with the Act, that it waives any and all defects (if any) in such notice, and that it waives any rights it may have to 4139-6929-7178.2 make any protest or complaint or to undertake any legal action challenging the adequacy of such notice. 3. Ownership of Property; No Registered Voters; Landowner Election. The Landowner represents and warrants to the City that it is the legal owner of the fee interest in all of the Property and that no other person or entity is the legal owner of all or any portion of the fee interest in any of the Property. To the best of the Landowner's knowledge, there are no registered voters residing within the boundaries of the Property and there have been none during the 90 -day period preceding the date of this Consent and Waiver. The Landowner hereby acknowledges and agrees that, pursuant to Section 53326(b) of the Act, if fewer than 12 persons have been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings on the establishment of the Community Facilities District and the proposed debt issue of the Community Facilities District, the vote on the proposition to incur bonded indebtedness of the Community Facilities District, to levy a special tax in the Community Facilities District and to establish an appropriations limit for the Community Facilities District shall be by the landowners of the Community Facilities District and each person who is the owner of land at the close of said public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that he or she owns within the Community Facilities District not exempt from the special tax. The Landowner hereby acknowledges and agrees that if, as anticipated, said public hearings are closed on the date hereof, said vote shall, pursuant to Section 53326(b) of the Act, be by the landowners of the Community Facilities District. 4. Request. The Landowner hereby requests that the special election to be held under the Act on the proposition to incur bonded indebtedness of the Community Facilities District, to levy a special tax in the Community Facilities District and to establish an appropriations limit for the Community Facilities District be conducted using mailed or hand -delivered ballots, that such ballots be opened and canvassed at such election, and that the results of such election be certified at the same meeting of the City Council as the public hearings on the establishment of the Community Facilities District and the proposed issuance of bonded indebtedness of the Community Facilities District, or as soon thereafter as possible. 5. Consent and Waiver. The Landowner hereby acknowledges and agrees that if the special election to be held under the Act on the proposition to incur bonded indebtedness of the Community Facilities District, to levy a special tax in the Community Facilities District and to establish an appropriations limit for the Community Facilities District is held on April 2, 2019, said election would be held less than 90 days after the anticipated close of the April 2, 2019 public hearings on the establishment of the Community Facilities District and the proposed issuance of bonded indebtedness of the Community Facilities District. The Landowner hereby acknowledges and agrees that the Landowner, as the owner of all of the property not exempt from the special tax within the boundaries of the Community Facilities District and the sole qualified elector of the Community Facilities District, is entitled, pursuant to Section 53326 of the Act, with the concurrence of the election official for said special election, to consent to the waiver of any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said special election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act). The 2 4139-6929-7178.2 Landowner hereby consents to the waiver of, and hereby waives, any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said special election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), including, but not limited to, all notices with respect thereto (published, mailed or otherwise to be given), any voter qualification requirements, any time limitations, any requirements as to form or content of election materials, all publication requirements, all pre-election, election or voting procedures (other than the right to vote) and all canvass, recount and tie vote procedures. The Landowner further consents to the waiver of, and hereby waives, the requirements regarding identification envelopes for the return of mailed ballots contained in Section 53327.5 of the Act. The Landowner hereby consents to the holding of said special election on April 2, 2019. The Landowner hereby acknowledges and agrees that the Landowner, as the owner of all of the property not exempt from the special tax within the boundaries of the Community Facilities District and the sole qualified elector of the Community Facilities District, is entitled (a) pursuant to Section 53327(b) of the Act, to consent to the waiver of any impartial analysis, arguments or rebuttals, with respect to the special election on the proposition to incur bonded indebtedness of the Community Facilities District, to levy a special tax in the Community Facilities District and to establish an appropriations limit for the Community Facilities District, and (b) pursuant to Section -53326 of the Act, with the concurrence of the election official for said special election, to consent to the waiver of any requirement pertaining to the conduct of said special election. The Landowner hereby acknowledges and agrees that said special election is to be held without the preparation of an impartial analysis and arguments and rebuttals, if any, as permitted by Section 53327(b) of the Act. The Landowner hereby consents to the waiver of, and hereby waives, the requirement in Section 53327(a) that there be prepared and included in the ballot material provided to each voter an impartial analysis pursuant to Section 9160, 9280 or 9500 of the California Elections Code, and arguments and rebuttals, if any, pursuant to Sections 9162 to 9167, inclusive, and Section 9190 of the California Elections Code or pursuant to Sections 9281 to 9287, inclusive, and Section 9295 of the California Elections Code, or pursuant to Sections 9501 to 9507, inclusive, of the California Elections Code, or pursuant to other provisions of law applicable to other special districts as appropriate. The Landowner hereby represents that it has obtained such information with respect to the consents and waivers contained herein as it has deemed necessary or appropriate. The Landowner hereby confirms and represents that it is fully informed with respect to such consents and waivers and fully understands the consequences thereof. The Landowner hereby waives any and all defects in notice or procedure in any proceedings to establish the Community Facilities District, to authorize the levy of special taxes in the Community Facilities District and to authorize special tax bonds for the Community Facilities District, or in the conduct of the election, whether known or unknown (other than, in the case of the election, the right to have ballots accurately counted), and the Landowner hereby represents that the election is being expedited pursuant to this Consent and Waiver, at the particular request of the Landowner. The Landowner further waives its right to make any protest or complaint or to undertake any legal action challenging the validity of the election. 4139-6929-7178.2 6. Authorized Representatives. The undersigned, Michael M. Sullivan and Gary Grossman, have been duly authorized by the Landowner and possess all authority necessary to execute this Consent and Waiver on behalf of the Landowner in connection with the election to be held by under the Act on the proposition to incur bonded indebtedness of the Community Facilities District, to levy a special tax in the Community Facilities District and to establish an appropriations limit for the Community Facilities District, and are the authorized representatives of the Landowner authorized to execute ballots on behalf of the Landowner and to vote in the election referred to herein. The signature set forth opposite the name of each authorized representative is the genuine signature of such person: Name Michael M. Sullivan Gary Grossman Sip -nature 7. Mailing Address. The address of the Landowner for receiving notices and ballots is: MI San Luis Ranch, LLC c/o Presidio Residential Capital, 9740 Appaloosa Road, Suite 230, San Diego, CA 92131, Attention: Walter Heiberg. This Consent and Waiver is dated as of April 2, 2019. MI SAN LUIS RANCH, LLC a Delaware limited liability company By: MI ENTITLEMENT IV, LLC a Delaware limited liability company Its: Manager By: GGCCB, LLC, a California limited liability company Its: Co -Manager By: Gary Grossman Its: Managing Member By: Presidio Merced Land IV Passive, LLC a Delaware limited liability company Its: Co -Manager , By: Michael livan Its: Authorized Representative 4 4139-6929-7178.2 6. Authorized Representatives. The undersigned, Michael M. Sullivan and Gary Grossman, have been duly authorized by the Landowner and possess all authority necessary to execute this Consent and Waiver on behalf of the Landowner in connection with the election to be held by under the Act on the proposition to incur bonded indebtedness of the Community Facilities District, to levy a special tax in the Community Facilities District and to establish an appropriations limit for the Community Facilities District, and are the authorized representatives of the Landowner authorized to execute ballots on behalf of the Landowner and to vote in the election referred to herein. The signature set forth opposite the name of each authorized representative is the genuine signature of such person: Name Signature Michael M. Sullivan Gary Grossman 7. Mailing Address. The address of the Landowner for receiving notices and ballots is: MI San Luis Ranch, LLC c/o Presidio Residential Capital, 9740 Appaloosa Road, Suite 230, San Diego, CA 92131, Attention: Walter Heiberg. This Consent and Waiver is dated as of April 2, 2019. MI SAN LUIS RANCH, LLC a Delaware limited liability company By: MI ENTITLEMENT IV, LLC a Delaware limited liability company Its: Manager By: GGCCB, LLC, a California lira Its: Co -Manager , 0 Its: Manacling Member By: Presidio Merced Land IV Passive, LLC a Delaware limited liability company Its: Co -Manager Michael M. Sullivan Its: Authorized Representative 4 4139-6929-7178.2 EXHIBIT A DESCRIPTION OF PROPERTY The Property consists of the San Luis Obispo County Assessor Parcel Nos. set forth below. The Property constitutes all of the property included within the boundaries of the Community Facilities District. 067-121-022 A-1 4139-6929-7178.2 EXHIBIT B THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT The boundaries of the Community Facilities District are depicted in the attached map. B-1 4139-6929-7178.2 O D D <z i ` ---�- o z C z 0 0 --iLf) -0 O zO 7 n >C -D �1 D I � n C 0 � � 1 cn - z o �--�_ DO M W -� �m0 _ n D 0 Z z Ul Oz r O C E n LO m O z m co \ 0 N 0 O O I 1 � I 1 � 1 11 /41 aim =NooyK -A- [Reduced Copy of Boundary Map] m. 4139-6929-7178.2 EXHIBIT C FACILITIES In addition to the facilities described below, other expenses incidental to the below and authorized by the Act, including but not limited to: the cost of planning, permitting, and designing the facilities (including the cost of environmental evaluation, orthophotography, environmental remediation/mitigation); land acquisition and easement payments for the facilities; project management; construction staking; engineering studies and reports; utility relocation and demolition costs incidental to construction of the facilities, wetland/species mitigation purchase; reimbursements to other areas for infrastructure facilities or planning serving development in the Community Facilities District; legal, engineering, technical studies costs related to the facilities and any other expenses incidental to the construction, completion, and inspection of the facilities. Transportation Improvements Public roadway and bikeway improvements designed to meet the needs of the project, including those improvements identified in the San Luis Ranch Financing Plan, including but not limited to: ROADWAYS 1 Froom Ranch Way (Prado to Oceanaire) Including Bridge 2 Froom Ranch Way (Oceanaire to Target Driveway) 3 Froom Ranch Way & LOVR Intersection Widening 4 Prado Road/US 101 Overpass and North Bound Lanes 5 Prado Road Southbound Ramps 6 Madonna & Dalidio/Prado Intersection Widening OTHER AREA ROADWAYS (MITIGATIONS) 7 Madonna & SB 101 Off Ramp - Lengthen EB Left Turn Pocket 8 Madonna & Oceanaire Pedestrian X-ing Enhancements 9 Madonna & San Luis Ranch Way Pedestrian X-ing Enhancement 10 LOVR & SB 101 Off Ramp - Lengthen Left Turn Pocket 11 LOVR & Higuera - Lengthen EB Right Turn Pocket 12 Higuera & South - Lengthen NB Right Turn Pocket OTHER AREA ROADWAY MITIGATIONS - FEE ONLY PROJECTS 13 Prado & Higuera Widening 14 Madonna Rd @ LOVR - Signal Timing Optimization 15 Madonna & Oceanaire Turn Lane Extensions 16 Madonna & LOVR - Turn Lane Extensions 17 LOVR & Auto Park Way Signalization 18 Higuera & Tank Farm - Lengthen NB Right Turn Pocket SLR BIKEWAYS 19 Prado Road Class I Path (Madonna to Froom) 20 Madonna Road Class I Path / Protected bikeway (Hwy 101 to Oceanaire) 21 Bob Jones Trail (Calle Joaquin to Froom Ranch Road) SLR BIKEWAYS - FEE ONLY PROJECTS 22 Prado Road Class I Path (NB Ramps to Higuera) C-1 4139-6929-7178.2 23 1 Bob Jones Trail (Madonna to Prado) Eligible roadway improvements include the following items: acquisition of land and easements; roadway design; project management; geotechnical engineering, testing and observations; bridge crossings and culverts; clearing, grubbing, and demolition; grading, soil import/export, paving (including slurry seal), and decorative/enhanced pavement concrete or pavers; power pole relocations; joint trenches, underground utilities, and undergrounding of existing utilities; dry utilities and appurtenances; curbs, gutters, sidewalks, bike trails (including on- and off-site), park and ride facilities, bus rapid transit improvements, including transfer stations and regional public transit improvements; retaining walls, sound walls, enhanced fencing, and access ramps; street lights, signalization, and traffic signal control systems; bus turnouts; signs and striping; erosion control; median and parkway landscaping and irrigation; entry monumentation; bus shelters; masonry walls; and other improvements related thereto. Eligible improvements for the roads listed above also include any and all necessary underground potable and non -potable water, sanitary sewer, and storm drainage system improvements. Potable and Non -Potable Water System Improvements Authorized facilities include any and all on- and off-site backbone water facilities designed to meet the needs of development of the project. These facilities include potable and non -potable mains, valves, services, and appurtenances; wells; and water treatment and storage facilities, and related improvements, including but not limited to: site clearing, grading, and paving; curbs and gutters; recycled water storage tanks, booster pump stations, and all appurtenances thereto; wells; water treatment; stand-by generator; site lighting, drainage, sanitary sewer, and water service; landscaping and irrigation; access gates and fencing; striping and signage; and the following: • Water lines in/associated with authorized facility roads. • Recycled water lines in/associated with authorized facility roads. Drainage System Improvements Authorized facilities include any and all on- and off-site backbone drainage and storm drainage improvements designed to meet the needs of development of the project. These facilities include mains, pipelines and appurtenances, outfalls and water quality measures, temporary drainage facilities, detention/retention basins, and drainage pretreatment facilities; drainage ways/channels, pump stations, landscaping, and irrigation; access roads, gates, and fencing; striping and signage; and the following: 0 All storm drain lines and facilities in/associated with authorized facility roadways. • Retention, detention, hydro -modification, and other drainage facilities. Wastewater System Improvements Authorized facilities include any and all on- and off-site backbone wastewater facilities designed to meet the needs of development of the project. These facilities include pipelines and all C-2 4139-6929-7178.2 appurtenances thereto; manholes; tie-in to existing main line; force mains; lift stations; odor - control facilities; sewer treatment plant improvements and permitting related thereto; and related sewer system improvements, including but not limited to: • All wastewater facilities in/associated with authorized facility roadways. Solid Waste Improvements Authorized facilities include any and all backbone solid waste improvements designed to meet the needs of development of the project. Park and Landscape Corridor Improvements Authorized facilities include any and all improvements to parks and landscape corridors located in the project. Open Space Improvements Authorized facilities include any and all open space improvements designed to meet the needs of development of the project, including bike trails, bike/pedestrian bridges, storm drain crossings, storm drain detention/retention, wetland mitigation, tree mitigation, agricultural mitigation or wetland mitigation, property acquisition, endowment payments for open space management, landscaping and irrigation, access gates and fencing, and related open space improvements. Utilities Authorized facilities include any and all on- and off-site utility improvements designed to meet the needs of development of the project, including but not limited to: • New 24" HDPE Sewer Trunk Line. All utility improvements, easement payments, and land acquisition not located under or alongside transportation improvements are considered authorized facilities. C-3 4139-6929-7178.2