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HomeMy WebLinkAbout04-3 DocumentationTO: THE HONORABLE CITY COUNCIL CITY OF BAKERSFIELD (hereinafter refereed to as "Agency"} PETITION FOR THE CONSTRUCTION OF IMPROVEMENTS AND WAIVER OF REQUII2EMENTS OF DIViSTON 4 OF THE STREETS AND H[GIiWAYS CODE OF THE STATE OF CAidFORNIA THE UNDERSIGNED, constituting property owners within the territory as shown on Exhibit "A" attached to this Petition, whose properly wihl be subject to the assessment for the improvements hereinafter requested, hereby request the formation of an assessment district under the provisions of the "Municipal Improvement Act of 1913;' being Division 12 of the Streets and Highway Code of the State of Califomia and the provisions of Sections 13.08.060 and 13.08A70 of the Bakersfield Municipal Code, to finance the consttucfion of certain public works of improvement, together with appurtenances and appurtenant work in connection therewith, geoeral(y described as follows: The construction of a waterline extension as shown on the attached Exhibit "A". THE UNDERSIGNED CONSENT to other appurtenant work and acquisition that is, in the opinion of Agency, necessary to properly effectuate said improvements, and we hereby expressly waive certain rights to protest against and stop the formation of the proposed assessment district as permitted under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1431," being Division 4 of the Streets end Highway Code of the State of California, An estimate of the total cost of the improvements project to be financed by the proposed assessment district is $4,052,284. WE HEREBY FURTHER REQUEST: 1) That you assess the cost of said acquisitions and improvement together with the expenses incidental thereto upon the district benefited thereby, which district is shown on the attached Exhibit "A". 2) That we authorize you to exorcise your proper discretion as vested in you pursuant to said Acts to make changes and mod cations in said improvements, said assessments, the boundaries of said assessment district or the proceedings, prior to ar during the course of said proceedings, 3) That all efforts and attempts be made so that said proceedings and rho Resolution of Intention can be adopted at the eazliest time. This Petition maybe signed in counterpart and consritutes one Petition and Waiver, and may be consolidated with simi(az peiitions and waivers for similaz improvements herein mentioned. We understand that property owners of mare than 66 percent in azea of the territory subject to the proposed assessment must execute similaz petitions before the Agency can take the action requested herein. Respectfully submitted, PULTE HOME CORPORATION `, \/~; 0 S[GNA'I'tfR~ DATE SEE ATTACHED FOR ASSESSOR`S PARCEL NO.lADDRESS A-1 ©~ ~1 CERTIFICATE RESPECTING SUFFICIENCY OF PETITIONS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-3 (SOLERAIR[O VISTA) I, the undersigned, certify: I have examined a "Petition for Special Assessment Proceedings", signed by owners of land shown on the exhibit map attached thereto, showing the boundaries of the property to be assessed for the proposed City of Bakersfield Assessment District No. 04-3 {SoleralRio Vista}. I have compared the names on the petition with the names of owners of such land as shown on the records of the County Assessor. I find the petition to have been signed by owners of more than 60°lo in area of such land. Dated: January 26, 2005 RAUL M. ROJAS, Director of Public Works, City of Bakersfield By STATE OF CALIFORNIA) Coumy a Kem) I, PAMEIA A McCARTHY, City Clerk a tIN3 CHy of Bakersfield, Slate of Cakimiia, hereby certify the foregoing aiM annexed b 6e a fuN, true arx! correct ti frss.0 rwpyan~e original 7tr ~F.Q~~"iacSt[- °d YOn' fAe in Mis WHCe a~M mat l wmpared m same Hie "'nal.~ WRNEBS my handandseal mispT,~dayof ~~.p 2d0_. PAMELA A. McCARTFIY, CMC, City Clerk "~""'""-- BY 8Y. T"-~!C,,,~!t..~„~b= - g~ QaPUIYCity Clerk LIOCSSFtr790448.1 40213-35 SS4 RESOLUTION NO. ~ ~ ~ ~ Q S RESOLUTION ACCEPTWG PETITION AND DETERMINING TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-3 (SOLERAlRIO VISTA) WI~REAS, the owner of certain real property situated in the City of Bakersfield have filed with the City Clerk a petition, signed by such owner, requesting the acquisition and/or construction of certain public improvements described therein, the cost of which is to be specifically assessed against each parcel of land benefiting from such improveients; and WHEREAS, the petition contains an express waiver of statutory proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, as provided in Section 2804 of the Streets and Highways Code of the State of California; and WHEREAS, the City Clerk has also received a certificate to the effeot that the petition has been signed by persons owning lands constituting more than sixty percent (60%} in area of the land subject to assessment within the proposed assessment district; and WHEREAS, this City Council finds that the owners of more than sixty percent (60%} in area of the land subject to assessment for the proposed improvements have signed such petition and that the petition contains the matters required by Sections 2804 and 2804.5 of the Streets and Highways Code; NOW, THEREFORE, THE CTTY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: SECTION I. PETITION ACCEPTED. The petition as filed with the City Clerk is hereby found to be legally sufficient and is accepted by this City Council. SECTION 2- DETERMINATION TO UNDERTAKE PROCEEDINGS. The special assessment proceedings shall be undertaken by the terms of the petition, pursuant to the Municipal Improvement Act of 1913 and without further compliance with the Special ~g.~K~: p ~`(~ ~' m DOCSSF1:790920.t - - ~' ~~ rJ b 40213-35 S54 QF?!~'.NAL Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2$00 of the Streets and Highways Code). SECTION 3. PUBLIC INTEREST AND CONVENIENCE SERVED. The public interest and convenience will be served by the taking of such proceedings. SECTION 4. ACTION IS FINAL.' This action is "final" within the meaning of Streets and Highways Code Section 3412. DOCSSF3:790920.7 40213.35 SS-0 ~ ~"' Y m r- `v c ORI{3'NAt I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on January 2b, 2005, by the following vote: ~~ ~ ~ 2QD5 4 1..- L' ~., 4 ..... ~ - CARSON, BENHAM,MAGGARD, COUCH, HANSON,SULLIYAN, SCRIVNER COUNC[LMEMBER NOES' COtINCLLMEMBER ABSTAM: COUNCILMEMBER ABSENT: COUNC]LMEMBER ...,Qh l~.t _ ids City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 26th day of January, 2005 APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP Bond Counsel By _~~~ APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney BY ~~2%~~ ~ ~ I ~ h PAMEtA A. McCARTHV, City Gedc of the Ciry of Bakersfield, State of Califomla, herebycerlj That o1~ePd armexadbhea PoN, hue and mrtect mPyotmeortginal ~i.~"/h~+ b.'~ . Ale in fhls office an0 tlrat l have mnfemrM x,e e.__...,,~ .. ~ on PM1EtA AAAcCpRTHy,CMC, Chy Clerk ` --- 8y: ~aAK~rg q, d'.n DOCSSF1:790920.I 40213-3i S54 ~ m J q L'RiC1tdAL HARVEY L. HALL C11'Y OF` ~~FIEI.D AQroeme ana<oYea 20, , CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-3 (So(era/Rio Vista} This agreement for legal services (this "Agreement") is by and between the City of Bakersfield, hereinafter the "City", and Orrick, Herrington & Sutcliffe LLP, Attorneys at Law, San Francisco, California, hereinafter "Bond Counsel". 1. The City retains Bond Counsel as special counsel to perform the following legal services relating to the City's proposed Assessment District No. 04-3, with the preliminary name "Solera(Rio Vista," which preliminary name shall remain subject to modification, and pertaining to proposed special assessment proceedings and limited obligation improvement bonds as follows: (a) preparation of all forms of resolutions, notices, assessment ballot, certificates, and other documents required by the Municipal Improvement Act of 1913 and by Section 4 of Article XIlID of the California Constitution, including, if requested, the legal format of the engineer's report required by Section 10204 of the Streets and Highways Code; {b} preparation of written instructions to the City Clerk and other staff members concerning the performance of legally required duties (c} review of documents prepared by the City's consulting engineers, including the boundary map, the engineer's report, the assessment diagram and the assessment roll; (d} attendance at the public hearings on the engineer's report (including continuances of the hearings, if any); (e) attendance at all other public meetings of the City at which matters relating to the assessment district are considered, except routine matters; {f) attendance at staff meetings or meetings of property owners, upon the request of the City, after reasonable notice; DOCSSF1:785031.1 40213-35 SS4 CQ~TR~~T~f1 ~i®p~ (g} telephone consultation with staff members, the City's consultants and property owners to answer legal questions about the assessment proceedings; (h) arrangements for the preparation of limited obligation improvement bonds to represent unpaid assessments; {i) coordination with the City's Underwriter on arrangements for the sale of improvement bonds; (j) preparation of bond delivery documents; (k) rendition of a legal opinion on the validity of the improvement bonds and the proceedings leading to their issuance; and {l} preparation of a transcript of the legal proceedings in loose-leaf form for the use of the City. 2. The services of Bond Counsel under this Agreement shall not include the following: {a} legal services in connection with the acquisition of interests in real property, either through negotiation or through exercise ofthe power of eminent domain; (b) legal services in connection with litigation; or (c) legal services related to compliance with the California Environmental Quality Act regarding the improvement project and assessment proceedings. (d) any services, whether legal or financial, related to calculating annual installments to be billed and collected on account of unpaid assessments ar services relating to the posting, collection or enforcement of payment of such annual installments. (e} legal services related to preparation of disclosure documents respecting the limited obligation improvement bonds, related to arbitrage rebate tracking and reporting, or related to compliance with the City's obligations respecting continuing disclosure under SEC Rule 15c(2}l2. The performance by Bond Counsel of any service excluded by this paragraph, if required by the City, shall be under separate written agreement. DOCSSrl:785031.1 40213-35 SS4 2 C~IN7 R~1C"C~R ~i®P~ 3. To enable Bond Counsel to perform the services enumerated in paragraph 1, the City will be required to provide, either directly or through the City's consulting engineer, the following: (a) mailing labels with the name and address of the owner of each parcel proposed to be assessed, cross-referenced to the assessment number assigned to such parcel on the assessment diagram; (b) labels to be affixed to the notice of hearing, the assessment ballot and the notice of assessment to be mailed to the property owners, setting forth the amount of the proposed assessment and the name of the owner, cross-referenced by assessment number; {c) envelopes with a return address to the City or City Clerk for mailing notices to property owners, and first class postage on all such envelopes; {d) a verbal description of the improvement project (typically from consulting engineer ar Public Works); (e) the assessment roll (sometimes referred to as the assessment spread}, setting forth the name of the parcel owner and the amount of the assessment, cross-referenced by assessment number; (f) the boundary map and the assessment diagram, conforming to the requirements of Sections 3110 and following, Streets and Highways Code, and in a form acceptable to the County Recorder for map recording purposes, together with the services required to cause the recording of the same, together with a Notice of Assessment; (g) the engineer's report, with contents specified by Section 10204 of the Streets and Highways Code and by Section 4 of Article X» of the California Constitution, prepared by the assessment engineer who shall be a registered professional engineer licensed by the State of California; and {h) the list of cash payments and unpaid assessments to be prepared (typically by the City Finance Director) following the 30-day property owner cash payment period. The City agrees to provide or cause to be provided each of the above in a timely manner to enable Bond Counsel to provide its services as prescribed in paragraph 1 of this Agreement. DOCSSF1:785031.1 402 t 3-35 SS4 3 ~~~JT'RACTQR ~C3P1' 4. In consideration of the services set forth in paragraph 1, the City shall pay to Bond Counsel, on account of legal fees and reimbursement of expenses, a flat amount of $50,400.00. Payment of said amount shall be entirely contingent upon receipt by the City of proceeds of sale of the improvement bonds and shall be payable forthwith following such receipt upon presentation of an invoice by Bond Counset. Additional expenses for services arranged by Bond Counsel, if any, such as publication costs and necessary printing, at the request of the City, shall be incurred directly for the account of, and shall be paid directly by, the City. 5. Bond Counsel certifies that it has no interest, either direct or contingent, in any property or contract arising from or affected by the assessment district, except as Bond Counsel under this Agreement; nor does Bond Counsel represent any owner of property within the proposed boundaries of this assessment district, and has not received a fee from any source for services connected with the project. Further, Bond Counsel regularly performs legal services for many private and public entities in connection with a wide variety of matters. Some of these clients may have some direct or indirect relationship with the City, as, for example, insurers, sugpliers, lenders, investment bankers, consultants, pension plan trustees, landlords, donors, bondholders or competitors. With varied client representation, there is always the possibility of other transactions between clients and of disputes among them. Bond Counsel has also served as bond counsel in financing by governmental entities that include states, counties, municipalities, special districts and other political subdivisions, as well as departments and agencies of the foregoing. Bond Counsel is now providing services for these clients and expects to continue to do so in the future. The City is 1JOCSSF1:785031.t ~ ''""""'"" aozi3as ssa 4 C~tVTRA~701~ CC}~'Y aware of Bond Counsel's ongoing relationships with such entities and the other public and private entities described above. No conflict is currently perceived to exist from such representations. To the extent any actual conflict is perceived to arise from such relationships, Bond Counsel will apprise the City of such conflict and, after reasonable review and consideration, the City will inform Bond Counsel whether it will waive such conflict. JAN 2 6 2005 Dated: CITY OF Approved as to Content; RAUL M. ROJA5 Director of Public Works BY /~~/L------ Approved as to Form: VIIZGINIA GENNARO City Attorney Countersigned: GREGORY J. KLIMKO Finance Director Mayor By ORRICK, I~RRINGTON & SLITC~FFE LLP By DOCSSF1:785031.I 40213-35 SS4 Samuel A. 5 tdfINTRACY~~ ~~P~ :emu i AS~ESSNIEN`I' I~IA.1~1~NI ~ CITY OF BAKERSFIELD ASSESSME~tT DISTRICT N0. 04-3 (SOLERA f RIQ VISTA) County of Kern,. State of California rough 5 Remainder :easment 24 x Map of 24 in ugh 89 90 e Solera gh 2S2 in A rn Lot Line of Assessment FILED IN THE OFFI~THE CIN CLERK DF E CITY OF EtAKERSf1ElD, STATE OF CALIFORNIA, THIS DAY OF ~__. 2005. PAMELA A. McCARTHY, GMC CITY CLERIC iiW TH£ CNY OF BAKERSFIEW, CALIFORNIA RECORDED IN THE OFFICE OF. T~t SUPERINTEND T OF. STREETS qF T1'IE CITY OF 6AKERSFIELD, AND THE ASSESSMENT ROLL WERE. D~£ T STREETS OF THAT CFTY qN 171E I3AY QF -. ~ 2005. REFERENCE " IS MADE TO THE ASSESSMENT RDtL REC4RDE9 i!3` THE iCE OF THE SUPER{NTENflENT OF STREETS FOR THE EXACT AMOUNT OF EACH AS3EtaS6iENT LEVIED AGNNST EACH PARCEL OF LAND -SHOWN ON THIS ASSESSMENT DtA43RAM.. STATE OF CALIFORNIA, TMIS DAY OF ~_~, 2005 DY: ~~~~- t. 'r NTEX0.DENT OF STREETS OF THE f.(i'Y OF 6AICERSF4Et0, CALIFORNIA AN ASSESSMENT Y/AS LEViE4 BY THE CfTY Ot#UNCIL OF THE~Ctf'i` pF. BAKERSFIEkD ON THE LO7S, PIECES, AND PARCELS OF LAMA & DWN QN THIS A~S$MENT DIAGRAM. THE ASSESSMENT WAS LEVJFD qN THE ~ IYAY OF ~.,_,,,, 2005, BY RAID COUNCIL'S ADOPTION OF NS RE5gLUTIGbf ...J-~ TFt~E P.fiS£SSMENT DIAGRAM IN Ttl£ !C DF TH£ SUPERIN £NDEM OF PAMELA A. MsgARTHY, GMC - CITY GtERK OF THE CITY OF DAKE1E8fiE6,D. CAUFCiRNIA /~. ,r DATE: `-i"-12-C%~ .69 (Expires f2-3t-05) Flf~£D THIS ! DAY OF ~. Lt.M. IN 800 _ OF M ©>•` A PAGES THROUGH IN OF KERN, SPATEgg~~,,O''F CAt7FORR~ REC DOCUMENT Nuaris (~ 8 07 FlCE t3F T#!E CDUNfY RECOR{!ER OF THE COUNTY AT 7NE RE€T' OF TJ4E. CIM OF 9AKERSflEI.D. JAMES W. ETfCY! COUNTY A3~51}5~SOR-REf+4RDER CgUNfiY OF KERN, CALIFORNIA CROSS INDEX TO BOUNDARY MAP: qN THE ~~,^~ DAY DF .IL'R$ OF PR(9PDSED 90UNDARIE$ OF (`A THROUG-'f`~- MAPTHE OFP! E Ol aSMENTDkS~RfETN O.ID~F+L~ i1t4TqS MAP iY FACil1iVES DISTRICTS AT PAGES 4x/.. DPDER OF THE COUNTf OF K€RN, STA'#'E ~Y: JAMF-r`~. Yt+. FftgH CElJ1NTY R-RECORDER C@LN4TY OF K. - . CALIFORNIA Iriisr~~ ~ A~ES~~f~" ~~A.t~RAM ~7F ~s~aer~ ~.~s Tsao N. INeRaM avEftuE, sum 202 CTTY ©F $~.I~~R API I~ AS~~ 13'IS`t'~tfCT I~iO. fl4-~ FRESNQ, tAtIFDRNW 937tt - (659} 436 fifi# ~f f Vi~TA) DR. aY wt~ DATE ? Cc?ux~t~ of ~~rn, ~~te 4~ C~liParnia PROJEgL,2C>.. -REWMQN .4Q~ PILE 2968e1SNi hPPROVED G`"y Sf4FcfT _~. Of ~' _ SME 4n. ~9 !? n.~l ~8 NOTE: For a detailed description of the lines and dimensions of the lots, pieces, parcels and subdivisions of lands - shown on this Assessment Diagram, reference is made t th f ll i li /+Trt7~J /\ o o o ow ng sted Book and Page Numbers of Maps Lill 1 lJ of the Assessor, on file in the Office of the County Assessor of the County of Kern, 1115 Truxtun Avenue, Bakersfield, California: 387-01, 02, and 36 ~~~ ALE} 7606 N. ItfWtAM AYEltOE, BtJf Fi?F:$N0; OAUFORNIA 957' (559) 416 6844 DR. BY Wtt" DATE 4_,-.1_ PROJEOf.'>r3~6g,. ~REVIMON J FU.E 29SSDSHF APPROVED INDE% SHEET NO. t 2 3 4 5 DESCRIPTION Assessment District LoaaGOn Map, itcinity Mop, and Diagram Certificates - Indez Map of Assessment Diagram Sheets 3 through 5 Assessment Diagram of Assessment .202 as a Remainder of Lot 20 in Tract No. 6149-Phnse 7 and Assessment 24 as Lot F in Trod Na. 6149-Phase 7 and Index Map of Assessment Diagrom Sheet 4 Assessment Diagrom of Assessments 7 Through 24 in Tract No. 6749-Phase 1, Assessments 25 Through 89 in Tract No. 6149-Phase 2, and Assessments 90 Through 201 in Tract No, 6149-Fhase 3 in the Solera Area of Assessment District No. 04-3 Assessment Diagram of Assessments 203 Through 252 in Tract No. 5998 and Assessment 253 as Parcel A in Lot Line Adjustment No. 03-t333 in the Rio Vista Areo of Assessment district No. 04-3~ RIO VISTA AREA OF ASSE55htENT DISTRICT NO. O~-3 tasfts&qyp a ~~~~xeo ~ ~~P~ ra xizs~ * Em.11{37A:5 yt arm. PREPARED BY: ~'P~'°vc WILSON & ASSOCVsTES Fresno, California ~ ("~T APPROVED BY: ~#+4~~'~'a4..~- DATE: '-I"'12-C7~ Edward d Wilson R.C.E. 23269 (Expires 72-3t-OS) Assessment Engineer ~ ,s'j.38aa r SpLERA AREA OF ASSESSAfENT DISTRICT N0. t34-3 RESOLUTION NO. ~I ~ $ " ©.~ RESOLUTION APPROVING BOUNDARY MAP CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0.04-3 {SOLERA/RIO VISTA} WHEREAS, attached to this resolution as Rxhi it A and by this reference incorporated herein is a location rnap of proposed boundaries, said locarion rnap entitled "Exhibit A -Location Map of Proposed Boundaries of City of Bakersfield Assessment District No. 04-3 {Solera/Rio Vista), County of Kern, State of California"> which map shows the separate areas to be assessed in this proposed assessment district; and WHEREAS, said exhibit map constitutes the map {the `Boundary Map") of the pmgosed boundaries. of this proposed Assessment District No. 04-3 (SolerafRio Vista) (the "Proposed Assessment DistricP'), with the property proposed to be assessed indicated on the Boundary Map by a shaded tone. NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: I. -This Council approves the Boundary Map and adopts the boundaries shown on the Boundary Map as describing the extent of the temtory included in a proposed assessment district to be known as City of Bakersfield Assessment District No. 04-3 (Solera/Rio Vista), County of Kem, State of California. 2. At such time as the formal boundary map, with boundaries conforming to DOCSSPI=TS0923.1 aoai3-3s ssa OF~'A~`~9 fi m M1 v Q URiG~UAL the Boundary Map and containing the matters and being in the form prescribed by Section 3110 of the California Streets and Highways Code, has been prepared and filed with the City Clerk, the City Clerk is authorized and directed, without further consideration lay this Counoil, to file a copy thereof with the Kern County Recorder for placement in the Book of Maps of Assessment and Community Raciiities Districts. Tn the meantime, all references to and descriptions of the proposed boundaries of the Pmpased Assessment District shall be by reference to the Boundary Map as set forth in Exhihit A. 40CSSF1 :790923.1 10217-ss ssa - 2 ok~AKF~, ~' m r r o~';t;rt;~° 1 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regulaz meeting thereof held on January 26, 2005, by the following vote: .~ ~ ~ Z0~5 CARSON, BENHAM. MAGGARD, COUCH, HAASON, SULLIVAN, SCR2VNER AYES COUNCll.MEMBE NOES: COUNCdLMEMBER ABSTAPI: COUNCH.MEMBE ABSENT: COUNCn.MEMBE City Clerk and Ex Officio Clerk of the Council of the City of Bakersfeld APPROVED this 2frth day of January, 2005 HARVEY L. HALL Mayor of the 'ty of Bakers ld APPROVED AS TO FORM: ORRICK, HERRINCiTON & SUTCL~'FS LLP Bond Couns By APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By /~ ~l~ I)OCSSF1:790923.1 40213-35 SS4 STATE OF CAIlFORNIA} CauMy W Kem) 1, PAMELA A McCARTHY, CitYperk of Ne City of Bakersfield, State of CalKOrtda, hemhy ~ laregdng ard~nnered tobea kdt hue aMwnect mpyatheadginai a^~~ 3'1a1~-~ L12.9-~J an file in tliis ofiw aM llretl compaed tlta samevMh rie giglnaL WITNESSmyhandandsaettlrlsD~~'daYN,..._2 vv~ PAMELA A McCARiHY. CMC, Clry Cledc By. __ sy rx ~ .~s~ oe9~rcmc~erk ~BFKL c, O `Ir, ~` rn !~ rv ~~f Y:i,:1t~:~U EXHIBI'P A LOCATIpN MAP OF PROPOSED BOUNDARIES OF CITY OF BAKFRSF[ELD ASSF~SSMENT DISTRICT NO. 04-3 sotERa AREA OF ASSESSMENT UISTRICT ND. 04-3 (TRACT ND 6149) l'' i ~'" I / I e ~7 Y R ~ I i N I 10 f I i ~P~ MCc~~p I Pht PDIxO ORNE - _._ _ _~_ - _ _. _ . . I o I I ~ . _. _.. _._-ti I 1 I ~ ~ ~. ~ I ~ g iG - W I - ~.- ._. is Q+,71 to 1 ~ ~ ~ I ~ o ~/ ~ NO 3998 N0. ~BB9 2 ~ ~ ~ j . J 5' 29 r, R 23 E ~. I _ _. ~ w l j ~ 9~ I j I I - -~- _ 3 . -_.__. ~._~ - - .. ._ _ _.L.. __ .-.r - _ _____ XIO VISTA AREA V OF ASSESSMENT Dl57R1CT NO. 04-3 'r:Eln~ n55£sa+ExY DdYRiCt x0. w-3 vMNOSm 6ouNON~' __.._._._ _- Rixfasnfm arv ours -.- - - -- SEMgn SwF: T 29 5, R 29 E REffflENCE TO TCMN9YP 29 SWrH. RNf GE 29 CAST, NCUM OVBLO B SE MN NfflIWN (5 5£C1%M NUNH'R 'x ® PROF0.SH ~MCN(ES Uf l,$SF.591EH2 015(RICt fq, w-J NDRlH 0' »SO' >m' J EXHIBIT A LOCATION MAP OF ,;,';;, witsox ~ PftbPOSED BOUNDARIES OF 4~~ ~ Assoctai"ES CiTV oe DAKFRSF7ELD nSSi;SBMENT DISTRICT N0. ~-3 p 16J0 K RILPNI A1fG1E. SIIIIC AYG iREG/7~ CNYWYt mJll , '.. awe .>s ~~ (soLSita /too vtsT,U r - ~aerQ. '-~ County of Kern, State of Catifornfa J ~, - ru a+.:sawan ~ seer ..L or ,_ sNE~s ~%" RESOLUTION OF INTENTION NO. 1368 CITY OF $AKERSFIELD ASSESSMENT DISTRICT N0.04-3 {SOLERA/RIO VISTA) WHEREAS, under the authority of the Municipal Improvement Act of 1913 (Sections 10000 and following, Califomia Streets and Highways Code), this Council intends to order the acquisition andlor construction of the improvements described in Exhibit A, attached hereto and by this reference incorporated herein, all of which aze situated within the City of Bakersfield Assessment District No. 04-3 (Solera/Rio Vista), County of Kem, State of California; and WHEREAS, this Council fords that the land specialty benefited by the improvement is a portion of the land shown within the boundaries shown on the Boundary Map previously approved by resolution of this Council, said benefited portion of the land being shown thereon by a shaded tone. The land within the exterior boundaries shown on the map shall be designated "City of Bakersfield Assessment District No. 04-3 (SoleralRio Vista), County of Kern, State of Califomia". NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: 1. This Council intends to levy a special assessment upon designated portions of the land within the described district in accordance with the special benefit to be received by each parcel of land, respectively, #iom the improvement. 2. -Where any disparity occurs in level or size between the improvement-and private property, this Council determines that it is in the public interest and more economical to oocssat:'i9ovzs.i 40213-35 SS4 r ;~ r V ~ U1;iGIyAt_ eliminate the disparity by doing work on the private property instead of adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner. 3. This City Council intends, pursuant to subparagraph (fj of Section 10204 of the California Streets and Highways Cade, to provide for an annual assessment upon each of the parcels of land in the Proposed Assessment District to pay various costs and expenses incurred from time to time by the City and not otherwise reimbursed to the City which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto. d. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%} per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature not to exceed twenty-four (24) years from the second day of September next succeeding twelve (12} months from their date. 5. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Band Act of 1915 shall be as provided in Part 11.1, Division i0, of the Streets and Highways Code of the State of California. b. The City will not obligate itself to advance available funds from the City treasury to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the City from, in its sole discretion, so advancing funds. 7. This Council appoints the Director of Public Works of the City as Engineer of Work for this project, and directs the preparation of the report containing the matters required by Section 19204 of the Streets and Highways Code, as supplemented by Section 4 of o gAKfip~„ DDCSSFl :790925.1 40213-35 SS4 2. } rm- JORlG:NALU Article XIIIt) of the California Constitution. 8. In the opinion of this Council, the public interest will not be served by allowing owners of assessable lands to enter into a contract for the work of improvement as otherwise permitted in Section 20485 of the Public Contract Code. 9. The amount of any surplus remaining in the improvement fund after completion of the improvement and payment of all claims shall be distributed in accordance with the provisions of Section 10427.1 of the Streets and Highways Code. « x ~ oocssel:7909ab.i 40213-35 SS4 3 Ok~AK~9a' ?- ~ ~ m U o~e!rti I HEREBY CERTIFY that the foregoing Resolution was passed and adapted by the Council of the City of Bakersfield at a regular meeting thereof held on January 26, 2005, by the following vote: ~ v / ~ CARSON, BENHAM,MAGGARD, COUGH,HANSON, SULLIYAN,SCRIVNBR A S' COUNCILMEMBER NOE5: COUNCILMEMBE ABSTAIN: COUNCtLMEMBE ABSENT: COUNCILMEMBEtt_ ~~~ ~ . ~ City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 26th day of January, 2005 APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP Bond Counsel ~~ ~~ By .~'Lr:iY .r~ APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ~~,,,,~~.~"" ~~'~_ 170CSSF1 :790926.1 40213-35 SS4 4 STATE OF CALIFORNIA) County of Kem) I, PAMELA A McCARTHY, City Clerk d the City of Sakersfieltl, Slate of CaFkmia, hembycetlXy fomroingaM arneaed to1bea N9, hue and cortecl coPY~~'~ lf~.~_on file in Mis office and Mat I have com dla same the original. WTTNESSmyhand and seal Mis~,~ _dayo( 2Q(~ PM1EtA A McCARTHY, CMC, Chy Cleric By By: (f.~ fkpury CiryCkrk o`~~AxF9d > ~` r m n Ia (. ORiC1NAl HARVEY L. HALL EXHIBIT A DFSCR[PTION OF IMPROVEMENTS The Assessment District No. 04-3 ("AD 04-3") Improvements include the construction and installation as separate systems of certain utility system improvements to be owned and operated by California Water Service Company ("Cal Water") pursuant to a proposed agreement between the City of Bakersfield and Cal Water, the payment of certain Cal Water facilities capacity charges or fees, appurtenances and incidental work in connection therewith, and aze generally described as follows: Paladino Drive. Masterson Street, and Histhwav 178 Water Imurovements Construction of (i} a 36-inch diameter water line with appurtenances in Paladino Drive from the waterline stub at Valley Lane easterly to Masterson Street, (ii) a 24-inch diameter water line with appurtenances in Masterson Street from approximately 4Q0 feet north of Palad'tno Drive southerly to Highway 1'78, (iii) a 24-inch diameter water Gne with appurtenances on the south side ofHighway 178 from Masterson Street northeasterly to Vista Finestra, and (iv) a boaster pump station near the intersection of Patadino Drive and Masterson Street. 1 kgHKfi~ O cP i m v ~. oRir,;nn, REIMBURSEMENT AND DISCLOSI JRE AGREEMENT NO.OS-202 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-3 (SOLER.A/R.IO VISTA) Recitals A. The parties to this Reimbursement and Disclosure Agreement (the "Agreement") are the City of Bakersfield, a California charter city (the "City', and Pulte Home Corporation, a Michigan corporation (the "Developer"). B. The effective date of this Agreement shall be May 25, 2005. C. The Developer has caused an executed petition to be filed with the City, requesting the City to implement special assessment proceedings for the purpose of financing certain water system improvements (tihe "Project"} which will be incorporated into and become components of-the water system owned and operated by California Water Service Company ("Cat Water") within or adjacent to the assessment district (the "Assessment District"). The. Project consists of {i} certain improvements to be constructed and installed under one or more contracts to be entered into by the Developer (the "Developer Constructed Improvements") and (ii) certain other improvements to be constructed and installed under one or more contracts to be entered into by Cal Water (the "Cal Water Constructed Improvements"). DOCSSEI :81 i 131.3 40213-35 SS4 D. The proceedings for establishment of the Assessment District are to be taken pursuant to the Municipal Improvement Act of 1913 (Sections 10000 and following, Califomia Streets and Highways Code) (the "1913 Act"), Section 53753 of the California Government Code, and Bakersfield Municipal Cade Section 13.08.070, leading to the levy and recording of special assessments upon certain prescribed property of the Developer (the "Subject Property") within the Assessment District, as shown on Exhibit A, attached hereto and by this reference incorporate herein. Limited obligation improvement bonds (the "Bonds") of the City are to be issued and sold pursuant to the Improvement Bond Act of 1915 (Sections 8500 and following, California Streets and Highways Code) (the "1915 Act") upon the security of the unpaid special assessments on the Subject Property. E. do January 26, 2005, the City Council of the City approved the boundary ~ map for the Assessment District to be known as "Assessment District No. 04-3 (Solera/Rio f Vista)". By its resolution of intention also adopted on January 26, 2005, the City Council appointed the Director of Public Works of the City as the Engineer of Work for the Assessment District and directed the Engineer of Work to prepare and file with the City Clerk the written engineer's report (the "Engineer's Report") prescribed by Section 10204 of the California Streets and Highways Code, as supplemented by Article XIIID of the California Constitution. The Engineer's Report, dated May 12, 2005, has been filed with the City Clerk, and the required public hearing has been scheduled for May 25, 2005. Subject to the information and evidence provided at the hearing, the City Council is expected to approve the Engineer's Report on said date, whether as originally filed or as modified to incorporate changes deemed appropriate by the City Council. DOCSSFLSI5131.3 40213-35 SS4 2 F. Responsibility for the construction and installation of the Project is governed by two separate agreements between the Developer and Cal Water as follows: a. The first such agreement, identified as "Proj. No. BK-12653" and dated May 26, 2005, pertains to the Developer Constructed Improvements, which are identified in Exhibit B of the Engineer's Report (the "Engineer's Cost Estimate") as the "Piping Improvements." A copy of the agreement pertaining to the Developer Constructed Improvements is attached hereto as Exhibit B and by this reference incorporated herein. b. The second such agreement, identified as °`Proj. No. BK-12139 - C-Rule Special Facilities, Company Installed" and dated May 26, 2005, pertains to the Cal Water Constmcted Improvements, which are identified in the Engineer's Cost Estimate as the "Booster Station Improvements." A copy of the agreement pertaining to the Cal Water Constructed Improvements is attached hereto as Exhibit C .and by this reference incorporated herein. These two agreements are collectively referred to herea8er in this Agreement as the "Cal Water Agreements." Each of the Cal Water Agreements provides for the Developer to provide the funds required to construct and install the Piping Improvements and the Booster Station Improvements, as the case may be, and further provides for Cal Water to make certain prescribed refund payments to the Developer. G. As further shown in the Engineer's Cost Estimate, the total estimated improvement cost of the Project, including both the Developer Constructed hmprovements and the Cal Water Constmcted Improvements and including contingency and incidentals, is DOCSSFL:815131.3 40213-35 SS4 3 $3,670,500, and of this total estimated improvement cost, $926,894 is to be paid by a cash contribution of the Developer. One purpose of this Agreement is to provide the terms and conditions under which the City will reimburse the Developer for that portion of the total estimated improvement cost not represented by the cash contribution of the Developer, namely $2,743,606. FI. Section 10110.1 of the 1913 Act ("Section 10110.1") requires that any refund payable to the Developer with respect to any portion of the Project being reimbursed to the Developer by the proceeds of the Bonds shall be assigned to the City and utilized by the City as prescribed by Section 10110.1. A second purpose of this Agreement is to obligate the Developer to implement the prescribed assignment; provided, however, that it is expressly understood that the assignment will become operative only after the Developer has received refund payments from Cal Water equal to the full amount of the Developer's cash contribution toward the Project. L The City has selected- Stone & Youngberg LLC as the investment banking firm to act as underwriter (the "Underwriter") of the Bonds, which are to be issued pursuant to the 1915 Act, in a principal amount not to exceed the total amount of assessments which are proposed to be levied on the Subject Property, as shall be specified in the Engineer's Report. Assuming eventual approval of the Engineer's Report, levy and recording of the assessments and sale of the Bonds to the Underwriter, upon receipt of bond sale proceeds, if, as and when received from the Underwriter, the City intends to utilize a prescribed portion of said proceeds of sale in accordance with and subject to the terms and conditions of this Agreement to reimburse the Developer for the non-cash contribution portion of cost of the completed Project and to reimburse the Developer for the Developer's Incidental Expense {defined in paragraph 8 below). DOCSSF1:815131.3 AQ213-35 SS4 4 J. It is understood by the Developer that there maybe insufficient funds from the proceeds of sale of the Bonds to pay the Reimbursement Amount {as defined in paragraph 6 below) of the completed Project. As used in the foregoing sentence and elsewhere in this Agreement, the term "proceeds of sale of the Bonds" shall be deemed to include the investment earnings on the prescribed amount of such proceeds as are deposited in the Improvement Fund to be established far the Assessment District pursuant to the resolution authorizirig issuance of the bonds (the "Resolution"). K. For the benefit of purchasers of the respective parcels of land constituting the Subject Property, and to assure the City that the special assessment lien obligation is being fully disclosed to such purchasers, the Developer is willing to agree to obtain from each such purchaser an executed and acknowledged notice in substantially the form set forth in Exhibit D attached hereto and by this reference incorporated herein, to cause such notice to be recorded in the official records of the County Recorder of the County of Kem, and to file a copy of each such executed notice with the Finance Director of the City (the "Finance Director"). L. In consideration for the mutual undertakings of the parties stated herein, the parties agree as follows: Agreement 1. The foregoing recitals are true and correct, and the parties expressly so acknowledge. Said recitals are incorporated herein by reference. 2. Upon receipt from the Underwriter of a written offer for purchase of the Bonds satisfactory to the Finance Director, and upon prior satisfaction of all other conditions DOCSSFI :81 S 131.3 402(3-35 SS4 - $ precedent to bond issuance and delivery as specified herein, the City agrees to proceed with all due diligence in providing far issuance, sale and delivery of the Bonds. The Developer expressly acknowledges that the conditional obligation of the City to pay the Reimbursement Amount (as defined in paragraph 6 below) for the Project is strictly limited to a portion of the proceeds of sale of the Bonds and to no other source of funds whatsoever and, further, that the principal amount of the Bonds will be strictly limited in accordance with paragraph 6 below. 3. 'The Developer shall fulfill its obligations respecting the construction and installation of the Project as provided by the Cal Water Agreements. 4. Subject to the limitation that the obligation of the City to pay the Reimbursement Amount (defined in paragraph 6 below) shall be strictly limited to a portion of the proceeds of sale of the Bonds and to no other source of funds whatsoever, the Developer j shall cause the Project to be constructed and installed in accordance with the Ca•1 Water Agreements, and the City shall pay the Reimbursement Amount to the Developer in accordance with the provisions of paragraph ?below. The Reimbursement Amount payable to the Developer with respect to the completed Project and the procedure for disbursement of such Reimbursement Amount shall be determined in accordance with paragraphs 6 and 7 below in this Agreement; provided that the Developer expressly acknowledges that the .obligation of the City to pay the Reimbursement Amount is strictly limited to the prescribed portion of the proceeds of sale of the Bonds. 5. The City agrees to use its best efforts to accomplish a public offering and sale of the Bonds, it being understood that the City intends to accomplish such offering and sale through a negotiated sale to the Underwriter. The City agrees that the total discount applicable DOCSSFI:81513L3 40213-35 554 to such negotiated sale {including both Underwriter's discount and original issue discount, if any) shall not exceed the amount specified for "Underwriter's Discount" in the Engineer's Report, as finally approved by the City Council, and that the Underwriter shall not be entitled to any allowance for Underwriter's counsel. To enable the City and the City's disclosure counsel for the Bonds ("Disclosure Counsel") to prepare an Official Statement to be utilized in connection with the Underwriter's public offering of the Bonds, the Developer shall (a) provide such Developer financial information, development program information respecting the Subject Property, title reports, appraisal reports, and such other information as the City, Disclosure Counsel or the Underwriter may reasonably consider material in connection with preparing the Official Statement and determining feasibility and structure of the proposed bond issue and (b) execute a continuing disclosure undertaking to be prepared by Disclosure Counsel in a form and containing annual reporting and material event notice requirements which are standard for bond issues such as the Bonds and aze otherwise required by the Securities and Exchange Commission, as determined by Disclosure Counsel. Except for those reports and information for which an allowance for costs has been set forth in the Engineer's Report (e.g., appraisal report), such reports and information shall be provided to the City and to the Underwriter at no cost to either. 6. The Developer expressly acknowledges that the Reimbursement Amount to be paid by the City from bond sale proceeds to acquire the completed Project (the "Reimbursement Amount") shall be equal to the actual cost to the Developer in constructing the Developer Constructed Improvements and the amount paid to Cal Water by or on behalf of the Developer with respect to the Cal Water Constructed Improvements, less the amount of the Developer's cash contribution as set forth in the Engineer's Cost Estimate, it being expressly ... DCICSSF1:815131.3 40213-35 SS4 7 understood that the City will limit the principal amount of such Bonds to an amount not to exceed one-fourth of the appraised fair market value of the Assessed Property, as established by an appraisal report from an appraiser selected by the City, said appraisal report to be satisfactory to the City and to the Underwriter. Without limiting the generality of the foregoing, the City will limit the amount of the assessment lien on any parcel in the Assessment District to not more than one-third of the appraised fair market value of each such parcel. For purposes of calculating the Reimbursement Amount at actual cost, said actual cost shall be determined by the Director of Public Works of the City (the "Director") on the basis of paid invoices, canceled checks or like documentation reasonably acceptable to the Director to establish the amounts actually paid by the Developer, it being understood that the Engineer's Cost Estimate reflects the estimated amount of such costs. 7. Fallowing receipt of proceeds of sale of the Bonds, payment by the City to the Developer of the Reimbursement Amount for the completed Project shall be made within thirty (30) days of satisfaction of both of the following conditions: a. The Director shall have received written confirmation from Cal Water that (a) the Project has been completed, (b) the Developer Constructed Improvements have been deemed ready for acceptance by Cal Water and (c) Cal Water has received from the Developer appropriately completed instruments of transfer of ownership of the Developer Constructed Improvements (including, if necessary, any easement, right-of--way or real property pertaining thereto) as to which Cal Water has reasonably requested such an instnunent; and DOCSSF1:8151313 402i3d5 SS4 $ b. The Developer shall have provided the Director with copies of the paid invoices, canceled checks or like documentation required by paragraph 6 above for certification of actual cost of the Project so as to establish the Reimbursement Amount thereof. Irr the event the Reimbursement Amount exceeds the amount of the cost estimate set forth in the Engineer's Cost Estimate, the Developer shall nonetheless be paid the amount by which the Reimbursement Amount exceeds the amount set forth in the Engineer's Cost Estimate, but only (1} if there is a sufficient balance in the contingency allowance allocated to the Project as shown in the Engineer's Cost Estimate or (2) if, upon completion of the Project, savings have been achieved with respect to the estimated cost for some portion of the Project which savings remain available for such purpose. 8. In addition to payment to the Developer by the City from the proceeds of sale of the Bonds of the Reimbursement Amount of the Project, the City shall further reimburse the Developer, but again only from the proceeds of sale of the Bonds, for the Developer's Incidental Expense. Such Developer's Incidental Expense shall be payable only to the extent that an explicit allawance is made in the Engineer's Report for such expense or surplus funds remain available for such purpose fallowing completion of and payment for all portions of the Project. Such Developer's Incidental Expense shall include (1) the cost and expense of engineering design of the Project, (2} the cost and expense of administering the construction contract or contracts for the construction of the Project, including construction change orders, (3} fees and costs incurred in obtaining permits, licenses, and payment and performance bonds, (4) fees and costs; if any, incurred with respect to acquiring rights-of--way or easements in connection with the Project, (5) inspection fees and (6) any similar fees or costs reasonably incurred by the 1]OCSSF1:815t31.3 40213-35 SS4 9 Developer incidental to the construction of the Project or to satisfaction of Developer obligations imposed by this Agreement or by the Cal Water Agreements; provided that the amount of such reimbursement for Developer's Incidental Expense shall be limited to the amount available for such purpose as provided by the Engineer's Report or surplus funds remain available for such purpose following completion of and payment for all portions of the Project. Payment of such Developer's Incidental Expense shall be made within thirty (30) days of receipt by the Director of paid invoices, canceled checks or like documentation from which to establish the actual amount of such reimbursable Developer's Incidental Expense. 9.. Delivery of the Bonds by the City to the Underwriter shall be expressly conditioned upon prior satisfaction of the following conditions precedent: a. All property taxes and all other amounts collected on the general property tax roll of Kern County respecting the Subject Property shall be paid current and in full (five-year installment payment plans shall not constitute compliance with this condition). b. The final map or maps, lot line adjustments or other authorized procedures of the City which create or establish the parcels of the Subject Property as shown on the assessment diagram shall have been recorded or, where no recording step is entailed, shall have been otherwise completed. 10. Payment to the Developer of the Reimbursement Amount for the completed Project and reimbursement of any portion of the Developer's Incidental Expense shall be made solely from the applicable portion of the proceeds of sale of the Bonds and from no nOCSSF1:81513 t.3 40213-35 SS4 10 other source whatsoever and shall be further expressly conditioned upon prior satisfaction of the conditions set forth in paragraphs 4 and 7 above. 11. In furtherance of compliance with Section 10110.1, the Developer agrees (a} to provide Cal Water with such appropriate instruments of assignment or like documents reasonably required by Cal Water to cause the assigrunent to the City of refund payments otherwise payable to the Developer pursuant to the Cal Water Agreements and (b) to provide the Finance Director with copies of such instruments or documents concurrently with the submission thereof to Cal Water; provided, however, that it is expressly understood that such assignment will become operative only after the Developer has fast received refund payments from Cal Water pursuant to Cal Water Agreements equal to the full amount of the Developer's cash contribution toward the project, as described in the Engineer's Cost Estimate. 12. The Developer shall indemnify, hold harmless and defend the City and each of its officers, officials and employees from any and all claims, demands, actions and proceedings in law or equity (whether or not well-founded) brought by any person whatsoever, including the Developer, arising or alleged to have arisen directly or indirectly out of (i) any act, omission, or contract of the Developer or any of its contractors, subcontractors, materialmen, suppliers, or employees in connection with construction or installation of the Project or any portion or phase thereof, or (ii} any defects or alleged defects in materials or workmanship in the Project or any portion or phase thereof. The Developer shall not have a duty to indemnify and hold harmless against any liability, loss, debts, costs or damages caused solely by the negligence or willful misconduct of the City. DOCSSF1:8151313 40213-35 SS4 11 Notwithstanding the provisions of this paragraph 12, the City shall be responsible for its sole negligence or willful misconduct in the performance of its obligations under this Agreement, and nothing in this paragraph 12 shall be understood or construed to mean that the Developer agrees to indemnify the City or any of its officials, officers, or employees for the sole negligence or willful misconduct of the City, the City's bond counsel for the Bonds ("Bond Counsel"), Disclosure Counsel, the Underwriter (including any selling group or syndicate member), Underwriter's counsel, if any, financial advisors, appraisers, assessment engineers, or other developers, landowners or financing participants, or any of their respective officers, directors, or employees. 13. The Developer agrees that it will require each purchaser of any one or more of the pazcels of the Subject Property to execute and date a Notice of Special Assessment District Lien, in substantially the form attached hereto as Exhibit D, appropriately completed with the pertinent information in the respective blanks on the form, and will cause the executed and acknowledged notice to be recorded in the official records of the County Recorder of the County of Kern within five (5} days of the close of escrow far the transfer of title to any such pazcel. A copy of such executed notice shall be filed with the Finance Director. 14. The Developer acknowledges that it is represented by its own separate legal counsel in regard to (a) the subject special assessment proceedings, (b) the project of constructing and installing the Developer Constructed Improvements, (c) the Cal Water Agreements and {d) this Agreement. The Developer accepts responsibility for and shall be responsible far identification of and for compliance with all applicable laws pertaining to the project of constructing and installing either the Developer Constructed Improvements or the Cal j Water Constructed Improvements and the contract or contracts pertaining thereto, including but DOCSSF1:815131.3 40213-35 SS4 12 not limited to the Labor Code, the Public Contract Code, and the Government Code of the State of California. The City makes no representation as to the applicability or inapplicability of any laws regarding contracts, including contracts related to the constmction and installation of either the Developer Constructed Improvements or the Cal Water Constructed Improvements, and especially the matters of competitive bidding and the payment of prevailing wages. The Developer will neither seek to hold nor hold the City liable, and pursuant to paragraph 12 shall hold harmless and indemnify the City, each of its officers, officials and employees for any consequence of any failure by the Developer to correctly determine applicability of any such requirements to any contract it enters into, irrespective of whether the City knew or should have known about applicability of any such requirement. This paragraph shall apply with respect to any enforcement action, whether public or private, and whether brought by a public enforcement agency or by private civil litigation, against the Developer or the City or both with respect to the matters addressed by this pazagraph 14. 15. Any notices required to be given pursuant to this Agreement shall be given in writing and shall be mailed to the parties at the following addresses: City ofSakersfield Public Works Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Attention: John A. Stinson Develoner Pulte Home Corporation 27220 Turnberry Lane, Suite 190 Valencia, CA 91355 DOCSSFl:815131.3 40213-35 SS4 13 With a cony to: Ursula Hyman, Esq. Latham & Watkins 633 West Fifth Street, Suite 4000 Los Angeles, CA 90071-2007 16. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. Any action at law or in equity arising under this Agreement brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Kern, State of California, and the parties hereby waive all provisions of law providing for the filing, removal or change of venue to any other court. 17. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine and vice versa. 18. The parties hereto hereby agree that an implied standard of reasonableness shall govern all acfions of the parties hereunder, and the parties hereby covenant to one another to act in good faith and to deal fairly with one another to effectuate the purposes of this Agreement. 14. This is intended to be a fully integrated Agreement which contains the entire Agreement between the parties with respect to the matters pertaining to the process of reimbursing the Developer for the Reimbursement Amount pertaining to the Project. 20. Time is of the essence with respect to this Agreement and each and every provision hereof. If for any reason the City has not received the full proceeds of sale of the Bands by June 30, 2006, this Agreetent shall terminate and be null and void, and neither the DOCSSF1:8tSi31.3 A0213-35 8S4 14 City nor the Developer shall have any liability or obligation hereunder; provided any such termination of this Agreement shall not affect the obligations of the Developer to install any portion of the Project as established by separate procedures of the City related to the development of any portion of the Subject Property and/or the recordation of any final map, lot line adjustment or similar instrument pertaining to any portion of the Subject Property, which obligations of the Developer shall continue in full force and effect. 21. The Developer agrees that any and all obligations of the City arising out of or related to this Agreement are special and limited obligations of the City and that the City's obligations to make payments hereunder are restricted entirely to a portion of the proceeds of sale of the Bonds and from no other source. The Developer agrees to pay the full costs of the Project in accordance with the Cal Water Agreements and to pay the Developer's Incidental Expenses in excess of the moneys available therefor from said portion of the proceeds of sale of the Bonds. Neither the City nor any of its officers, officials or employees shall incur any liability hereunder to the Developer or to any other party in their individual capacities by reason of their actions hereunder or their execution hereof. 22. Except as may be specifically provided herein to the contrary, no third party shall be the express or implied beneficiary of this Agreement or any of its provisions, and no such third party may bring any action in law or equity with respect thereto. 23. This Agreement may be executed in more than one copy, and any copy, bearing original signatures, may serve as an original counterpart of this Agreement. 24. The obligations of the parties under this Agreement shall be binding upon j and enforceable against the successors and assigns of the parties hereto, and the rights of the DOCSSF1:815131.3 40213-35 S54 15 parties under this Agreement shall inure to the benefit of the successors and assigns of the parties hereto; provided, however, that this Agreement shall not be assigned by any party and no party shall be substituted for another party under this Agreement without the prior written consent of the City. DOCSSFt:815131.3 40213-35 SS4 l6 IN WITNESS WHEREOF, the parties hereto have caused this Acquisition and Disclosure Agreement to be executed by their authorized representatives as of the effective date stated above. Attest: CITY OF BAKERSFIELD By: By: PAMELA A. McCARTHY, CMC City Clerk Countersigned: By: GREGORY J. KLIMKO Finance Director HARVEY L. HALL Mayor Approved as to Content: RAUL M. ROJAS Public Works Director Approved as to Form: VIRGINIA. GENNARO City Attorney By: Approved as to Form: ORRICK, HERRINGTON & SUTCLIFFE LLP, Bond Counsel By: SAMiJEL A. SPERRY PULTE HOME CORPORATION, a Michigan corporation By Its DOCSSF1:815131.3 40213-35 SS4 17 i i i EXHIBI'P A LOCATION MAP OF PROPOSED BQUNDARIES OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0. 04-3 SOLERA AREA OF ASSESSMENT DSSTRSCT N0. 04-5 I 9 P/1A01N0 ERNE I Ii10 VISTA AREAV OF ASSESSd[ENT DISTRICT N0. 04-3 LEGEND ASSESSMfNi DISINCL N0. p4-J PROPOSED 90UN0.g0.Y - - BN~EASFlIID LYiY 111A1i5 - SECIgN LINE T 29 5, ft 29 E REFEFENCE TO TOWNSHIP 29 SOVtN. RJSIGE 29"EAST. MOUNL OWBLO &45E NdO MEPIONN 16 SECIWN NUMPER INLYGIiES VWU lftEdS WITHIN PROPoSFO BOUN6YryES OF ASSFSSNENT 0151RICT N0. 04-3 ' I I TFACf N0. 5394 ~ 6fuN141 ~~M a EXHIBIT Proj. No. BK-126S3 AGREEMENT THIS AGREEMENT, made and entered into this __~~ '~' day of ____~ , 20~, by and between the person ar persons listed in paragraph 1 hereof, hereinafter collectively referred to as the "Applicant", and CALIFORNIA WATER SERVICE COMPANY, a California corporation, hereinafter referred to as "Utility", WITNESSETH WHF_REAS, Applicant is the owner and/or developer of that certain parcel of real property situate, lying and being in the County of Kern, State of California, which is known as Pulte Homes, Tract 6149, 5597, 5998; and WHEREAS, certain "Special Facilities" are required to serve the Subdivision; and WHEREAS, the mains and appurtenances necessary to serve the Subdivision will be installed in accordance with the terms and condifions of a separate main extension agreement to be entered into by and between Applicant and Utility; and WHEREAS, the Special Facilities consist of water mains and necessary appurtenances, hereinafter collectively referred to as "Special Facilities;" and WHEREAS, upon the terms and conditions herein set forth Utility is willing to construct the Special Faeilities~ for the purpose of providing water service to the Subdivision: NOW THEREFORE, for and in consideration of the premises and of the mutual covenants, agreements, terms and provisions herein contained, it is agreed as follows: 1. Applicant. The names, addresses and descriptions of the person or persons herein collectively referred to as "Applicant" aze as follows: Name Address Description Pulte Home Corporation 27220 Tumberry Lane, Ste #190 Corporation Santa Clarita, CA 41355 2. Applicable Rule. `T'his Agreement is entered into pursuant to the requirements and in accordance with the various applicable provisions of California Public Utilifies I Commission {Commission}-Main Extension Rule No. 15, hereinafter referred to as the "Rule," in effect and on file with the Commission; a copy of the Rule is attached hereto as Exhibit A. This Agreement does not, therefore, require specifie authorization of the Commission to carry out its terms and conditions. 3. Installation of Facilities. Applicant agrees that it will, as soon as necessary materials and labor are available, and necessary permits, franchises, licenses or other governmental authorizations have been obtained, commence and prosecute to completion, with all reasonable diligence, construction of the Special Facilities. Utility reserves the right to make such changes in design or materials as it may deem necessayy. 4. Applicant's Deposit. The Special Facilities are designed to meet the minimum fire flow requirements set forth in Section VIIL1.(a} of the Commission's General Order No. 103, as ordered by Decision 82-04-089, dated April 21, 1982. The estimated total installed cost of the Special Facilities is $2,323,000.00 including all applicable C.I.A.C. tax, which is hereinafter referred to as the "Estimated Cost." Applicant has arranged financing with Utility for construction of the Special Facilities. Suntrust Bank has deposited an Irrevocable Standby Letter of Credit, Number POOI965, with Utility in an amount equal to the Estimated Cost, receipt of which is hereby acknowledged by Utility. Applicant intends to replace the Irrevocable Standby Letter of Credit with a Performance Bond of equal value. Once Applicant provides a Performance Bond for at least $2,323,000.00, Utility will release the Irrevocable Standby Letter of Credit, Number P001965 from Suntrust Bank. 5. Applicant's Advance Subiect to Refund. Within sixty (60} days after Utility has ascertained its actual cost in constructing the Special Facilities, it will provide Applicant with a statement showing in reasonable detail the total cost incurred to construct the Special Facilities, including construction overhead and C.LA.C tax. If such actual cost as finally determined shall be greater or less than the Estimated Cost, the difference shall be advanced by Applicant to Utility or repaid by Utility to Applicant, as the case may be, and the Estimated Cost adjusted accordingly. The adjusted Estimated Cost shall be conclusively deemed to be Utility's "Actual Total Construction Cost " In no event, however, shall the Applicant's Advance Subject to Refund exceed $2,323,000.00. b. Refunds. (a} Provided that Applicant is not in default hereunder, Utility agrees to make annual refunds hereunder to Applicant in cash, without interest, for a period not to exceed 40 years from the date hereof, commencing not later than six (6) months after the fast anniversary date hereof. Each such annual refund shall equal two and one-half percent 2 (2'/z%) of Applicant's Advance Subject to Refund. If any portion of Applicant's Advance Subject to Refund shall not have been refunded upon termination of said 40 year period, Utility shall zefund said portion to Applicant with the last refund payment hereunder. The total amount refunded hereunder shall not exceed Applicant's Advance Subject to Refund, without interest_ The total amount refunded hereunder shall not exceed $ 2,323,000.00, regardless of actual total construction cost. (b) The portion of the Special Facilities consisting of the water mains and appurtenances in designed to serve 1,188 lots or 1,188 living units. If at any time during the term of this Agreement another applicant ("New Applicant") shall apply to Utility for an extension of Utility's facilities to serve an area which the water mains were designed to serve, Utility agrees that as a condition to the extension of service by it to such azea Utility will require New Applicant to advance to it, in addition to all other-sums required to provide such service, an amount equal to New Applicant's shaze of the cost of the water mains ("New Applicant's Share"). Said amount shall be determined as follows: the total installed cost of the water mains shall be divided by the greater of the number of lots or living units specified in the fast sentence of this subparagraph, namely 1,188 lots: the quotient shall be reduced by a sum equal to the quotient multiplied by the product of two and one-half percent (2'l2%) times the number of years in which refunds have been due and payable under the provisions of this Agreement, prorated on a monthly basis to the neazest anniversary date of this contract; the result shall then be multiplied by the number of lots which the water main were designed to serve in the azea in which New Applicant has requested Utility to serve. The product shall be New Applicant's Share. Utility agrees that upon receipt of New Applicant's Shaze, it will promptly pay aver the same to Applicant. Applicant's Advance Subject to Refund shall be reduced concurrently by the amount of such payment. 7. Utility's Riaht to Offset. In the event Applicant shall become entitled to a repayment or refund under the provisions of this Agreement, Utility shall have the right at such time to offset against the amount then due Applicant hereunder the total amount of any indebtedness then due or owing by Applicant to Utility. 8. Ownership. The Facilities to be installed hereunder and all construction work in connecfion therewith shall be and remain at all times the properly of Utility, and Applicant shall have no right, title or interest whatsoever in or to the same. 9. Construction Delay. Utility shall not be responsible for any delay in construction resulting from any cause beyond its control, including, without limiting the 3 generality of the foregoing, any delay resulting from inability to obtain sufficient proper materials and supplies, labor disturbances or shortages, or weather conditions, or inability to obtain necessary permits, licenses, franchises or other governmental authorizations. 10. Notices. Any notice which it is herein provided may or shall be given by either party to the other shall be deemed to have been duly given when deposited in the United States mail, registered or certified; postage prepaid anal addressed to the party to whom such notice is given at the following respective addresses: To Applicant: 27220 Tumberry Lane, Ste #190 Santa Clarita, CA 91355 To Utility: 1720 North First Street San Jose, CA 95112 Either party, by notice given as hereinbefore provided, may change the address to which notices shall thereafter be addressed. 11. Nature of Obligations; Assignment. If more than one person is named in pazagraph 1 hereof, the obligations of the persons executing this Agreement as Applicant shall be joint and several. Until Applicant shall notify Utility in writing to the contrary, all refunds hereunder shall be paid by Utility to Pulte Home Corporation. Applicant may assign this Agreement only after (a) determination of the amount of Applicant's Advance Subject to Refund, {b} settlement of any amounts owing to Utility or Applicant under pazagraph 5 hereof by reason of a difference between Estimated Cast and actual cost, and (c} written notice to Utility. Any such assignment shall apply only to those refunds hereunder which become due more than thirty (30} days after the date of receipt by Utility of such notice of assignment. Utility will not make any single refund payment hereunder to more than one person. 4 12. Successors and Assiens. Subject to the provisions of the preceding paragraph 11, this Agreement shall inure to the benefit of and shall bind the respective heirs, executors, administrators, successors and assigns of the parties hereto. 13. Jurisdiction of Public Utilities Commission. This Agreement shall at all times be subject to such changes or modifications by the Commission as the Commission may from time to time direct in the exercise of its jurisdiction. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate the day and year first above written. PULTE HOME CORPORATION CALIFORNIA WATER SERVICE COMPANY By_--_-(~-_ pt `4cu uf'urt-~ By Applicant Federal Income Tax Identification Number or Social Security Number ¢~ Utility 5 ~- ~rsranc~ecreiary B ~ ~ ~ C-Rule Special Facilities --~~ Proj. No. BTC-12139 Company Installed AGREEIYIENT THIS AGREEMENT, made and entered into this ,,,?f~ '~~' day of ~R' , 20~, by and between the person or persons listed in Paragraph 1 hereof, hereinafter collectively referred to as the "Applicant," and CALIFORNIA WATER SERVICE COMPANY, a California Corporation, hereinafter referred t as "Utility," WITNESSETH WHEREAS, Applicant is the owner and/or developer of that certain parcel of real property situate, lying and being in the County of Kern , Statc of California, which is known as Pulte Homes, Tract 6149, 5497, 5998, hereinafter referred to as the "Subdivision"; and WHEREAS, Applicant desires to have public utility water service available to the subdivision; and. WHEREAS, certain special facilities are required to serve the Subdivision; and WHEREAS, the mains and appurtenances necessary to serve the Subdivision will be installed in accordance with the terms and conditions of a separate main extension agreement. and WHEREAS, the Special Facilities consist of booster pumps and necessary appurtenances, hereinafter collectively referred to as "Special Facilities' ;and WHEREAS, upon the terms and conditions herein set faith Utility is willing to construct the Special Facilities for the purpose of providing water service to the Subdivision in accordance with the rules of Utility now in force in its Bakersfield District, or that may from time to time hereinafter be lawfully established in said district; and NOW, T`F~REFORE, for and in consideration of the premises and of the mutual covenants, agreements, terms and provisions herein contained, it is agreed as follows: 1 1. Applicant. The names, addresses and descriptions of the person or persons herein collectively referred to as "Applicant" are as follows: Name Address Descriptio^ Pulte Home Corporation 27220 Turnberry Lane, Ste #190 Corporation Santa Clarita, CA 91355 2. Applicable Rule. This Agreement is entered into pursuant to the requirements and in accordance with the vazious applicable provisions of California Public Utility Commission (Commission} Main Extension Rule No. 15, hereinafter referred to as the "Rule,"'in effect and on file with the Commission; a copy of the Rule is attached hereto as Exhibit "A". This Agreement does not, therefore, require specific authorization of the Commission to carry out its terms and conditions. 3. Applicant Agrees. To use its best efforts to assist Utility to obtain any and all permits, franchises or other governmental authorizations, which may be required for the installation of the Special Facilities. 4_ Applicant's Deposit. The Special Facilities aze designed to meet the minimum fire flow requirements set forth in Section VIII.1.(a} of the Commission's General Order No. 103, as ordered by Decision 82-04-084, dated April 21, 1982. The estimated total installed cost of the Special Facilities is $ 1,254,500.00. Applicant has advanced to Utility an amount equal to the Estimated Cost, receipt of which is hereby acknowledged by Utility. 5. Installation. Utility agrees that it will, as soon as necessary materials and labor aze available, and necessary permits, franchises, licenses or other governmental authorizations have been obtained, commence and prosecute to completion with all reasonable diligence the work of constructing the Special Facilities. Utility reserves the right to make such changes in design or materials as it may deem necessary. Within ninety (90) days after Utility has ascertained its actual costs of constructing the Special Facilities, it will provide Applicant with a statement of the same showing in reasonable detail the actual cost incurred. The Estimated Cost shall be adjusted to the actual cost. If the actual cost is greater than the Estimated Cost, the difference shall be advanced by Applicant to Utility. The actual total installed cost of the Special Facilities shall be Applicant's Advance Subject to Refund. In no event, however, shall the Applicant's Advance Subjeet to Refund ezceed $1,254,500.00. 2 6. Refunds. (a}. Provided that Applicant is not in default hereunder, Utility agrees to make annual zefunds hereunder to Applicant in cash., without interest, for a period not to exceed 40 years form the date hereof, commencing not later than six {6} months after the first anniversary date hereof Each such annual refund shall equal two and one-half percent (2'/z) of Applicant's Advance Subject to Refund. Tf any portion of Applicant's Advance Subject to Refund shall not have been. refunded upon termination of said 40 year period, Utility shall refund said portion to Applicant with the last refund payment hereunder. The total amount refunded hereunder shall not exceed $ 1,254,500.00, regardless of actual installed costs. (b}. The Special Facilities were designed to serve 1,188. lots. If at any time during the term of this Agreement another applicant ("New Applicant"} shall apply to Utility for an extension of Utility's facilities to serve an area which the Special Facilities were designed to serve, Utility agrees that as a condition to the extension of service by it to such area Utility will require New Applicant to advance to it, in addition to all other sums required to provide such service, an amount equal to New Applicant's share of the cost of the Special Facilities ("New Applicant's Share"). Said amount shall be determined as follows: the total installed cast of the Special Facilities shall be divided by the number of lots specified in the fast sentence of this subparagraph, namely 1,188: the quotient shall be reduced by a sum equal to the quotient multiplied by the product of two and one-half percent (2'/z%} times the number of years in which refwtds have been due and gayable under the provisions of this Agreement, prorated on a monthly basis to the nearest anniversary date; the result shall then be multiplied by the number of lots which the Special Facilities were designed to serve .in the area in which New Applicant has requested Utility to serve- The product shall be New Applicant's Share. Utility agrees thaf upon receipt of New Applicant's Shaze, it will promptly pay over the same to Applicant. Applicant's Advance Subject to Refund shall be reduced concurrently by the amount of such payment. Utility agrees to require advances from subsequent applicants for service to areas which the Special Facilities were designed to serve and to make refunds of those advances to Applicant in a manner similaz to that set forth above. 7. Utility's Ri>;ht to Offset. In the event Apglicant shall become entitled to a repayment or refiznd under the provisions of this Agreement, Utility shall have the right at such time to offset against the amount then due Applicant hereunder the total amount of any indebtedness then due or owing by Applicant to Utility. 3 8. Ownership. The Facilities to be installed hereunder and all construction work in connection therewith shall be and remain at all times the property of Utility, anal Applicant shall have no right, title or interest whatsoever in ar to the same. 9. Construction Delay. Utility shall not be responsible for any delay in construction resulting from any cause beyond its control, including, without limiting the generality of the foregoing, any delay resulting from inability to obtain sufficient proper materials and supplies, labor disturbances or shortages, or weather conditions, ar inability to obtain necessary permits, licenses, franchises or other governmental authorizations. In the event Utility is unable to obtain sufficient materials to meet all construction requirements necessazy to provide adequate service to all its customers, it shall be entitled to allocate materials obtained by it to such construction projects as in its sole discretion it deems most important to service needs of its customers, and any delay in construction of the Facilities resulting from any such allocation of materials by Utility shall be deemed to be a cause beyond its control and it shall not be responsible for such delay. l0. Notices- Any notice which it is herein provided may or shall be given be either party to the other shall be deemed to have been duly given when deposited in the United States mail, registered or certified, postage prepaid and addressed to the party to whom such notice is given at the following respective addresses: To Applicant: Pulte Home Corporation 27220 Tumberry Lane, Ste #190 Santa Clarita, CA 91355 To Utility: California Water Service Company 1720 North First Street San Jose, CA 95112 Either party, by notice given as hereinbefore provided, may change the address to which notices shall thereafter be addressed. r i 4 IL Nature of Oblieations; Assignment. Until Applicant shall notify Utility in writing to the contrary, all refunds hereunder shall be paid by Utility to Pulte Home Corporation, 27220 Turnberry Lane, Suite 190, Santa Clarita, CA 91355. Applicant may assign this Agreement only after (a) determination of the amount of Applicant's Advance Subject to Refund, (b) settlement of any amounts owing to Utility or Applicant under paragraph 5 hereof by reason of a difference between Estimated Cost and actual cost, and (c) written notice to Utility. Any such assignment shall apply only to those refunds hereunder which become due more than thirty (30} days after the date of receipt by Utility of such notice of assignment. Utility will not make any single refund payment hereunder to more than one person. 12. Successors and Assiens. Subject to the provisions of the preceding paragraph 11, this Agreement shall inure to the benefit of and shall bind the respective heirs, executors, administrators, successors and assigns of the parties hereto. 13. Jurisdiction of Public Utilities Commission. This Agreement shall at all times be subject to such changes or modifications by the Commission as the Commission may from time to time direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate the day and year first above written. PULTE HOME CORPORATION CALIFORNIA WATER SERVICE By ~G~,fj /rl://~v- Title ~((tatL'C'~a-' By ~~ "/~`f5°~ 1 Title Applicant Federal Income Tax Identification Number or Social Security Number Utility 5 EXHIBIT D [Form of Notice to Comply with Government Code Section 53754] NOTICE OF SPECIAL ASSESSMENT ASSESSMENT DISTRICT NO. 04-3 (SOLERA/RIO VISTA), CITY OF BAKERSFIELD, CALIFORNIA TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS: Assessor's Pazcel Number: Assessment Number: Street Address (if known): THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR. PURCHASING THIS PROPERTY. This property is within the above-named assessment district (the "Assessment District"), and a special assessment in the principal amount of $ has been levied on this property by the City of Bakersfield (the "City"}. The special assessment obligation may be paid in scheduled annual assessment installments, with interest and administrative expenses included (the "Annual Installments"}, or it maybe paid off and fully discharged by a cash payment to the City's Finance Director in an amount calculated in accordance with the law for that purpose. The City has issued or will be issuing bonds (the "Bonds") to finance the acquisition or construction of certain public improvements which were determined following a public hearing to be of direct and special benefit to property within the Assessment District. The Bonds will be repaid from the Annual Installments on those properties within the Assessment District for which the special assessment obligation has not been paid off and fully discharged. Unless the special assessment obligation on this property is hereafter paid off and fully discharged, this property is will remain subject to Annual Installments of the Assessment District which will appear on your regular property tax bill each year over the life of the Bonds, and which are in addition to the regular property taxes and any other charges. and levies that will be listed on the property tax bill: If you fail to pay Assessment Installnents when due each year, .the property maybe foreclosed upon and sold. The Annual Installment for this property, as shown on the most recent tax bill for the 20 -20_ tax year (rounded off to the nearest even dollar) is dollars ($). ~' Assessment Installments will be collected each year until the Bonds are repaid. w DOCSSFL81SI31.3 402!3-35 SS4 I)-1 The water system improvements which are being partially financed by the proceeds of sale of the Bonds are transmission pipelines and booster pump stations required by California Water Service Company as conditions to providing its domestic water service within the Assessment District. For more complete information about the water system improvements, see the Engineer's Report for the Assessment District, dated , 2005 (the "Engineer's Report"), a copy of which is on file with the Public Works Department of the City, 1501 Truxtun Avenue, Bakersfield, California. [If applicable, add the following: "Some of these improvements may not yet have been constructed or acquired, and it is possible that some may never be constructed or acquired."~ YOU SHOULD TAKE THIS ASSESSMENT AND THE BENEFITS FROM THE PUBLIC II~4PROVEMENTS FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS PROPERTY. YOU MAY OBTAIN A COPY OF THE ENGINEER'S REPORT, WHICH SPECIFIES MORE PRECISELY HOW THE ASSESSMENTS ARE APPORTIONED AMONG PROPERTIES IN THE ASSESSMENT DISTRICT BY CALLING (661) 326-3058. THERE WILL BE A CHARGE FOR A COPY OR FOR COPIES OF THIS DOCUMENT, NOT TO EXCEED THE REASONABLE COST OF PROVIDING THE COPY OR COPIES. Acknowledgment of Prospective Purchaser I (WE) ACKNOWLEDGE THAT I (WE} HAVE RECENED A COPY OF THIS NOTICE. I (WE} UNDERSTAND THAT I {WE) MAY TERMINATE THE CONTRACT TO PURCHASER OR DEPOSIT RECEIPT AFTER RECENING THIS NOTICE FROM 'IIiE OWNER/SELLER OR THE AGENT SELLING THE PROPERTY. THE CONTRACT MAY BE TERMINATED WITHIN THREE DAYS IF THE NOTICE WAS RECENED IN PERSON OR WH'HIN FNE DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GNING WRITTEN NOTICE OF THAT TERMINATION TO THE OWNERJSELLER OR TO THE AGENT SELLING THE PROPERTY. Date: , 20_ (Prospective Purchaser Print Name) (Signature ofProspec6ve Purchaser) r DOCSSF1:815131.3 402!3-35 SS4 D-2 RESOLUTION NO. ~'? 1 2 _ ~ ~ RESOLUTION APPROVING FORM AND SUBSTANCE OF REIMBURSEMENT AND DISCLOSURE AGREEMENT AND AUTHORIZING CHANGES THERETO AND EXECUTION THEREOF CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0.04-3 {SOLERA/RIO VISTA) WHEREAS, there has been filed with the City Clerk (the "City Clerk") of the City of Bakersfield (the "City") an agreement entitled "Reimbursement and Disclosure Agreement," dated as of May Z5, 2005 (the "Reimbursement and Disclosure Agreement"), between the City and Pulte Home Corporation ("Pulte"); and WHEREAS, this City Council wishes to approve the Reimbursement and Disclosure Agreement as to form and substance, with provision for making changes thereto, and to authorize the execution thereof; - NOW, TIiEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: 1. This City Council approves the form and substance of the Reimbursement and Disclosure Agreement on file with the City Clerk, providing (1) the terms and conditions under which Pulte Will provide for the construction and installation of certain prescribed water system improvements to be owned and operated by California Water Service Company ("Cal Water'), in part by one or mare contracts to be entered into by Pulte Home Corporation and the remainder by one or more contracts to be entered into by Cal Water, and (2) the terms and conditions under which the City will 'use its best efforts to issue and sell limited obligation improvement bonds of Assessment District No. 04-3 (Solera/Rio Vistaj {"Assessment Dis o~~AK~ ~ m >- m DOCSSF1: 815014.2 ~ , r 40213-35 ss4 _ ~ ORIGINAL No. 64-3") and, upon satisfaction of certain prescribed conditions, utilize a prescribed portion of the proceeds of sale of such bonds to reimburse Pulte and Cal Water, as the case may be, for the cost of the completed improvements, it being expressly provided in the Reimbursement and Disclosure Agreement, among other things, that such reimbursement is payable solely from such proceeds of sale and from no other source whatsoever and will be limited to the amount to be established in accordance with the terms of the Reimbursement and Disclosure Agreement, which amount may be less than the total cost actually incurred by Pulte andtor Cal Water, respectively, with respect to that portion of the water system improvements eonstmeted and installed under contract to either of them. 2. This City Council hereby authorizes the making of modificarions to said Reimbursement and Disclosure Agreement prior to execution thereof, provided that any such modifications, including additions, changes, and deletions, be approved by the City Attorney prior to such execution, such approval to be conclusively established by the City Attorney's execution thereof. 3. The Mayor is authorized to sign the Reimbursement and Disclosure Agreement, the Finance Director is authorized to countersign the Reimbursement and Disclosure Agreement as signed by the Mayer, and all other officers and representatives of the City and of the City's Bond Counsel for Assessment District No. 04-3 are authorized to execute where indicated. DOCSSF1:815~14 .2 4fld13-35 SS4 2 o~ 6AKfi,9~ > "" n ORIGINAL I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on May 25, 2005, by the following vote: ~,,. ~.,- / / / y,.- ,,.--- CARSON, BENHAM, MAGGARD, COUCH, HANS6N, SVLr.iVAN, SCRIVI'{ER NOES; ABSTAIN; ABSENT; _ JL.9 il.(A/I.flc.~ ~~~~ ~q.~ _ City Clerk and hx Officio Clerk of the Council of the City of Bakersfield APPROVED this 25th day of May, 2005 HARVEY L. HALL Mayor of th City of ~ t sfield APPROVED AS TO FORM: s7"rE°FC,~~°R"wJ CaaMy ofKemJ ORRICK, HERRINCYTON & SUTCLIFFE LLP 4 PFMEIA A McCARTHY, city Cied< w the city or eakerafield, slate ~.h~Y~rd fara9W andamjaxed fo beatull, true and correc .Bond Counse apyartheaiginal 1 'tr-~.: 1/,~b~j e~ file in tlxs oflke and tlptl 1 have camPaad the same xith the odginal. NTRiE88myhandandseal tl:~'n' deYN200'rj B l i''~`/~/ GPAffIA A McCAR7HY, CMG City Berk Y /L~ er• 8Y ~ Oequly City t'~o- APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney a ok$PK~9`sT ~- m DOC8SP1 :81581A .2 , 0 40213-35 ssa 3 ~ ORIGINAL ENGINEER'S REPORT -CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-3 (SOLERA/RIO VISTA} AS FILED FOR FINAL APPROVAL CITY OF BAKERSFIELD Mayor and City Council Harvey L. Hall, Mayor Irma Carson, Councilmember First Ward Sue Benham, Councilmember Second Ward Mike Maggard, Vice Mayor, Councilmember Third Ward David R. Couch, Councilmember Fourth Ward Harold Hanson, Councilmember Fifth Ward Jacquie Sullivan, Councilmember Sixth Ward Zack Scrivner. Councilmember Seventh Ward Citv Staff Alan Tandy, City Manager Virginia Gennaro, City Attorney Pamela A. McCarthy, City Clerk Raul M. Rojas, Public Works Director Gregory J. Klimko, Finance Director BOND COUNSEL UNDERWRITER Samuel A. Sperry Tom Lockard Orrick, Herrington & Sutcliffe LLP Stone & Youngberg LLC San Francisco, California San Francisco, California ASSESSMENT ENGINEER DISCLOSURE COUNSEL Ed Wilson Bruce J. Graham Wilson & Associates Pillsbury Winthrop Shaw Pittman LLP Fresno, California Los Angeles, California ROrESSlO~y ~~ P0.o.~ wC oF2~Z APPRAISER Randall Franz `' ` m Kern Appraisal Company Nu. 23269 ~ Exp. 12j31j05 Bakersfield, California STATE OF CALIFORNIA} County of Kern} 1, PAMELA A. MCGARTHY, City Clerk of the City of Bakersfield, State of California, hereby certify the attached is a true and correct copy of the original Engineer's Report City of Bakersfield Assessment District No. 04-3 (Solara/Rio Vista) on file in this office and that I have compared the same with the original. WITNESS my hand and seal this 20th day of June ; 2005. PAMELA A. MCGARTHY, CMC City Clerk By: City Clerk I~~ / ^~,.~ Deputy City Clerk ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-3 (SOLERA/RIO VISTA) CERTIFICATE OF FILING AND CONFIRMATION OF ASSESSMENT I, Pamela A. McCarthy, City Clerk of the City of Bakersfield, do hereby certify that the following "ENGINEER'S REPORT, CITY OF BAKERSFIELD ASSESSMENT DISTRICTNO.04-3"including the Assessment and Assessment Roll in the amounts set forth therein as the "Pretiminary Assessment," with the Assessment Diagram attached thereto, was filed with me on the 15's day of April, 2005, for preliminary approval on Apri127, 2005, by City Council Resolution No. 091-05. Pamela A. McCarthy, CM ity Clerk City of Bakersfield, California I have prepazed this Engineer's Report for final approval and do hereby certify that the amount set forth herein as the "Confirmed Assessment" on Exhibit A, attached hereto, has been computed by me in accordance with the order of the City Council of the City of Bakersfield contained in a Resolution of Intention adopted as Resolution of Intention No. 1368 on January 26, 2!!005. ((~~ ``,,,,'' ~~ d.wdn-C4._~, 1 y Edwazd J. Wilson, R_C.E. 23269 Assessment Engineer, Assessment District No. 04-3 I, Pamela A. McCarthy, City Clerk of the City of Bakersfield, do hereby certify that the following "ENGINEER'S REPORT, CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-3" and the Confirmed Assessment contained therein were approved by the City Council of the City of Bakersfield an the ~5 day of _, 2005, by Council's adoption of Resolution No. / f I- o S . ;~~-~ ~ ~ Pamela A. McCarthy, CM ,City Clerk City of Bakersfield, California I, Raul M. Rojas, as Director of Public Works of the City of Bakersfield, do hereby certify that a certified copy ofthe following "ENGINEER' S REPORT, CITY OF BAKERSFIELD ASSESSMENT DISTRICT; NO. 04-3," together with the Assessment Diagram attached thereto, was recorded in my office on the ay of ~ 2005. R ul M. Rojas, Director of Pub-Tic Works City of Bakersfield, California On/ 1.,1! 2005, the Assessment~~1,,Diagram w s filed in Boolc~~ of Maps ofAssessmant and Co Faci 'ties Districts at PagesJr(f through ~, and a Notice of Assessment was recorded as Document No. ~~ 8c~~o`Z of Official Records in the office ofthe Courrty Recorder of the County of Kern, California. James W. Fitch, County Assessor-Recorder County of Kem, California 29660FerCer.wpd -i- Sl11lOS TABLE OF CONTENTS ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0.04-3 (SOLERA/RIO VISTA) DESCRIPTION PAGE Certificate of Filing and Gonfirrnation of Assessment ................. , ................... i Table of Contents .......................................:............ . ......... ii SECTIONS SECTION I ASSESSMENT DISTRICT PURPOSE, GENERAL DESCRIPTION OF BOL7NDAR.IES AND ASSESSMENT AREAS, .AND ENGINEER'S REPORT SUBMITTAL STATEMENT ............... I-I Assessment District Purpose .......................................... I-l General Description of Boundaries and Assessment Areas ................... I-2 Existing City of Bakersfield Assessment District No. 43-I Lien ............... I-3 Community Facilities District Special Tax Lien ............................ I-4 Environmental Review Status ......................................... I-4 Engineer's Report Submittal Statement .................................. I-4 Description of Engineer's Report Exhibits A, B, and C ...................... I-7 SECTION II GENERAL DESCRff'TION OF WORK AND ACQUISITIONS ............. II-I Project Description ................................................ II-1 Description of Project Improvements, Incidental Work, and Annual Assessment ................................................ II-1 General Description of AD 04-3 Improvement Acquisitions ................. II-2 General Description of AD 04-3 Improvement and Assessment Proceeding Incidental Work and Expense ......................... II-3 General Description of Proposed Annual Assessment ...................... II-4 SECTION III PROPOSED ASSESSMENT OF ESTIMATED 1MI'ROVEMENT ACQUISITION COSTS AND EXPENSES ...................... III-1 Report Requirements ............................................. III-1 Proposed Assessment ofEstirnated Improvement Acquisition Costs and Expenses ............................... III-2 Statement of Total Assessment ...................................... III-2 Statement of Maximum Annual Parcel Assessment for Recover j~ of Assessment District Administration Costs and Expenses ............. III-3 Bond Declaration ................................................ III-4 29660PerTOC.wpd -ii- 4714705 DESCRIPTION PAGE EXHIBIT A Assessment Roll EXHIBIT B TABLE B-I Engineer's Estimate of Total Cost and Assessment TALE B-II Engineer's Itemized Estimate of Improvement Acquisition Cost EXHIBIT C TABLE C-I Consolidated Tabulation of Parcel Assessment Data TABLE C-II Details of Solera ~3rea (Tract No. 6149) and Rio Vista Area (Tract No. 5997 and Tract No. 5998) Estimated Assessment Reallocations for Proposed Development per City Code Section 13.48.070 TABLE C-III Details of Solera Area (Tract No. 6149} and Rio Vista Area (Tract No. 5997 and Tract No. 5998) Estimated Benefit Assessment Allocations for Proposed Development TABLE C-IV Comparison of Solera Area (Tract No. 6149) and Rio Vista Area (Tract No. 5997 and Tract No. 5998) Benefit Assessment Allocation and Assessment Reallocation per City Code Section 13.08.070 EXHIBIT D DESCRIPTION OF ASSESSMENT SPREAD METHOD ...................... ...... D-1 Introduction ......................................................... ...... D-1 Assessment District Purpose ............................................. ...... D-1 Authorization for Assessment Reallocations .................................. ...... D-2 Description of Assessment Reallocation Method .............................. ...... D-3 Calculation of Reallocated Assessments ..................................... ...... D-5 Description of BenefitlCost Based Assessment Allocation Method ................. ...... D-6 Comparison of Reallocation Method and BenefitlCost Based Assessment Allocation Method; Assessment Spread Results .......................... ..... D-12 Assessment Engineer's Statement of Findings on the Assessment Spread Method ..... ..... D-13 Assessment Proceeding Incidental and Bond Issuance Cost Allocation .............. ..... D-]3 Assessment Apportiomnents to Future Subdivisions ............................ ..... D-13 Assessment Engineer's Certification of the Assessment Spread Method ............. ..... D-16 EXEIIBIT E Location Map Showing Assessment District No. 04-3 Funded Improvements 24660PerTOQwpd -iii- MI4lOS DESCRIPTION PAGE REPORT APPENDICES APPENDIX A Map of Proposed Boundazies (On file with the City Clerk of the City of Bakersfield; reduced, not to scale copy attached) APPENDIX B Assessment Diagram (On file with the City Clerk of the City of Bakersfield; reduced, not to scale copy attached) APPENDIX C Names and Addresses of Property Owners 29660PuTOC.wpd -iv- 4!]4/0S ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-3 (SOLERA/RIO VISTA) SECTION I ASSESSMENT DISTRICT PURPOSE, GENERAL DESCRIl'TION OF BOUNDARIES AND ASSESSMENT AREAS, AND ENGINEER'S REPORT SUBMITTAL STATEMENT ASSESSMENT DISTRICT PURPOSE Assessment District No. 04-3 (Solera%R.io Vista), hereafter referred to as "AD 04-3," has been formed by the City Council of the City of Bakersfield (the "City Council") in response to a Petition submitted by Pulte Home Corporation (hereafter referred to as the "District Proponent") which, at the time the Petition was filed, was the owner of more than 60% of the land area proposed to be assessed as part of the AD 04-3 proceedings. The Petition is on file in the office of the City Clerk of the City of Bakersfield (herein "City Clerk") along with a Certificate signed by the City Director of Public Works attesting to its sufficiency under the requirements of the Streets and Highways Code of the State of California (the "Streets and Highways Code"). The Petition was accepted by the City Council on January 26, 2005, by Council's adoption of its Resolution No. 028-05, Resolution Accepting Petition and Determining to Undertake Special Assessment Proceedings - City of Bakersfield Assessment District No. 04-3. AD 04-3 has been formed pursuant to the provisions of the Municipal Improvement Act of 1913, being Division 12 of the Streets and Highways Code (the "1913 Act"} for the purpose of financing the cost of acquisition and/or reimbursement by the City of Bakersfield (the "City") of certain special facilities water improvements that are to be owned and operated by California Water Service Company ("Cal-Water"} pursuant to CitylCal-Water/District Proponent agreements described below. Bonds are to be issued by the City pursuant to the Improvement Bond Act of 1915, being Division 10 of the Streets and Highways Code (the "1915 Act"} to provide funding for the AD 04-3 pazcel assessments not paid in cash by the property owners during an assessment cash payment period that is to be determined by City Council resolution. A description of the AD 04-3 boundaries and of the properties to be apportioned a shaze of the total cost proposed to be assessed under the AD 04-3 proceedings is presented below. A detailed description of the improvements proposed to be acquired. and of related incidental costs and expenses proposed to be funded by AD 04-3 is presented in Section II of this report and a statement of the total assessment and of the amount proposed to be approved as an annual administrative assessment for AD 04-3 are presented in report Section III. A detailed description of the method developed for allocating the AD 04-3 costs among the assessed parcels is presented in the attached Exhibit D. All of the AD 04-3 properties are located within the existing Corporate Limits of the City of Bakersfield (the "City Limits"). 29660FerLwpd I-1 S/I I/OS The improvement acquisitions and incidental costs to be financed by AD 04-3 will be spread to the assessed parcels pursuant to Bakersfield Municipal Code ("Municipal Code") Section 13.08.070-Benefit Spread, added to the Municipal Code on April 5, 1995, by City Council's adoption of Ordinance No. 3643. Section 13.08.070 provides for the use of "... an alternate method and rate of assessment reallocating assessments to alternate properties." GENERAL DESCRIl'TION OF BOUNDARIES AND ASSESSMENT AREAS AD 04-3 is a collection of two separate community areas in northeast Bakersfield that are identified on the AD 04-3 Boundary Map and in this report and assessment as: 1. Solera Area, generally bounded by State Route 178 on the north, Miramonte Drive on the east, and mid-section line of Section 15, Township 29 South, Range 29 East ("T 29 S, R 29 E"), Mount Diablo Base and Meridian ("MDB&M") on the south. The Solera Area is also identified as Tract No. 6149 (approximately 174.7 acres}; 2. Rio Vista Area, generally located in portions of the south half of Section 14 and the north half of Section 23, T 29 S, R 24 E, MDB&M. Rio Vista Area is also identified as Tract No. 5997 and Tract No. 5998 (approximately 40.9 acres). The two irregularly shaped community areas aze located within a rectangulaz section of northeast Bakersfield that has anorth-to-south dimension of about one mile as measured from the north end ofthe Solera Area to the south end of the Rio Vista Area and awest-to-east dimension of about one and one-half miles as measured from the westerly boundary of the Solera Area to the easterly boundary of the Rio Vista Area. Each of the two district areas is involved in various stages of the land development entitlement andlor site development process. The Solera Area has been approved for subdivision into a combined total of 558 single-family residential (R-1) lots, I private recreation center lot, I public park lot, 5 private park lots, and 2 storm drain sump lots pursuant to Vesting Tentative Tract No. 6149 ("Ten. TR 6149"). The following subdivision (tract} maps have been recorded with the Kern County Recorder: (i) Tract No. 6149-Phase 1 ("TR 6149-1") with 17 R-I lots, I public park lot, and 2 storm drain sump lots, (ii) Tract No. 6149-Phase 2 ("TR 6149-2") with 61 R 1 lots and I private park lot, and (iii) Tract No. 6149-Phase 3 ("TR 6149-3") with 110 R-1 lots and 1 private recreation center lot. The District Proponent has informed the City Director of Public Works that other phases of Tract No. 6149 ("TR 6149") are not planned for recording with the Kern County Recorder prior to confirmation of the AD 04-3 assessment. The Rio Vista Area has been approved for subdivision into a combined total of 94 R-1 lots as follows: (i) 50 R-1 lots pursuant to Vesting Tentative Tract No. 5997 ("Ten. TR 5997"), and (ii) 44 R-I lots gursuant to Vesting Tentative Tract No. 5998 ("Ten. TR 5998"}. Tract No. 5998 ("TR 5998") with 44 R-1 lots has been recorded with the Kern County Recorder. The District Proponent has informed the City Director of Public Works that Tract No. 5997 ("TR 5997") is not planned for recording with the Kern County Recorder prior to confirmation of the AD 04-3 assessment. 29b60FerI.wpd 1-2 5111!05 ` ~ '' As of the date of filing the Engineer's Report for AD 04-3 (hereinafter referred to as the "Engineer's Report") for final approval by the City Council, all of the pazcels proposed to be assessed a share of the AD 04-3 improvement acquisition cost were owned by the District Proponent. AD 04-3 will finance the acquisition of certain "off-site" private utility special facilities water improvements (that are to be owned and operated by Cal-Water) and related incidental costs, where those improvements are either already required or are expected by the District Proponent to be required to be installed as conditions of final subdivision or site plan approvals within the two AD 04-3 community areas. Therefore, all of the improvements proposed to be financed bear a rational nexus to the private utility (Cal-Water) infrastructure improvements needed for the subdivision of the property within each area that is proposed to be assessed a share of the AD 04-3 total cost. The assessments are apportioned according to the special benefits received by the lots, pieces, and parcels of land within the assessment district. The proportional special benefit derived by each parcel is determined in relationship'to the entirety of the capital cost of the improvements. No assessment is proposed to be apportioned on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that pazcel, unless authorized pursuant to Municipal Code Section 13.08.070 and approved by 100% of the AD 04-3 property owners. Seethe attached Exhibit D, Description of Assessment Spread Method for a description of the special benefit each assessed parcel will receive from the improvement acquisitions proposed to be financed by AD 04-3. The map entitled "FROPOSED BOITNDARIES OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO.04-3 (SOLERAtRiO VISTA)" (the "AD 04-3 Boundary Map"}, consisting of five (5) sheets, is on file in the office of the City Clerk. Reference is made to the AD 04-3 Boundary Map for a detailed description of the AD 04-3 boundaries. Said AD 04-3 Boundary Map being too bulky to be bound with this Engineer's Report, a reduced and not to scale copy is attached as Engineer's Report Appendix A and incorporated herein by reference. The AD 04-3 Boundary Map shows and describes the exterior boundazies of the property proposed to be assessed pursuant to the AD 04-3 proceedings. The assessment district encompasses a composite and consolidated area of about 216 acres. EXISTING CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-I LIEN All properties in AD 04-3 are also located within the existing boundaries of City of Bakersfield Assessment District No. 93-1 (Northeast Sewer), herein referred to as "AD 93-1." As of the date of filing this Engineer's Report, the District Proponent had paid off the principal balances remaining unpaid after deducting the affected parcels' shares of the 2004!2005 tax year principal and interest that was placed on each parcel's 2004(2005 property tax bill, including related bond call expenses, for eight existing parcel assessments confirmed pursuant to AD 93-1 (AD 93-1 Assessments Nos. 824, 826, 827, 828, 829 (covering all of the Solera Area's TR 6149) and AD 93-1 Assessments Nos. 659, 662, and 1042 (covering all of the Rio Vista Area's TR 5997 and TR 5998)). Also, both installments of all of the affected parcels' shares of the 200412005 tax year principal and interest placed on the 2004/2005 property tax bills have been paid. Accordingly, none of the AD 93-I existing assessment payoff costs for those eight parcels will be funded as a part of the AD 04-3 proceedings. 29660FerLwpd l-3 ill 1105 COMMUNITY FACII.ITIES DISTRICT SPECIAL TAX LIEN As of the date of filing this Engineer's Report, it has been confirmed that none of the properties in AD 04-3 are within the existing boundaries of any special tax districts formed pursuant to the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. ENVII2ONMENTAL REVIEW STATUS Pursuant to the Municipal Code, the formation of a City assessment district is exempt from compliance with the California Environmental Quality Act ("CEQA"). Accordingly, a Notice of . Exemption from CEQA was filed by the City for the AD 04-3 proceedings on April 7, 2005. Separate environmental review proceedings will be conducted for the improvement projects proposed to be financed by AD 04-3, as part of the CEQA compliance associated with the land use entitlement and subdivision approval process within each community area. ENGINEER'S REPORT SUBMITTAL STATEMENT I, Raul M. Rajas, Public Works Director and Superintendent of Streets of the City of Bakersfield, have been appointed the Engineer of Work for AD 04-3 (herein "Engineer of Work"} by adoption of City Council Resolution of Intention No. 1368 to do and perform all services in making preliminary surveys, preparing plans, estimating costs, and preparing a diagram and assessment. Pursuant to the provisions of the 1913 Act, and to Section 10204 contained therein, and pursuant to the Municipal Code, including Section 13.08.070 of Chapter 13.08 thereof, and in accordance with Resolution of Intention No. 1368, adopted by the City Council on January 26, 2005, being a resolution declaring its intent to order the acquisition andlor constmction of improvements in AD 04-3 (herein "Resolution of Intention No. 1368"), herewith submit the "Engineer's Report" for AD 04-3 consisting of six parts as follows: I . PLANS AND SPECIFICATIONS, MAPS AND DESCRIPTIONS OF IMPROVEMENTS AND LANDS TO BE ACQUIItED: A. Improvements to Be Acquired: At the time this Engineer's Report was being prepazed for Sling with the City Clerk and for final approval by the City Council, all of the plans and specifications for the improvement acquisitions to be funded by AD 04-3 had not been completed andtor finally approved. Therefore, this assessment is based on the cost estimates prepared by Cal-Water and provided to the City on April 11, 2005. The AD 04-3 Improvement Acquisition Costs aze itemized in EngineeY s Report Exhibit B, Table B-II, attached hereto and incorporated herein by reference. The improvements funded by AD 04-3 are to be constructed by the District Proponent andlar Cal-Water pursuant to agreements between the District Proponent and Cal-Water. Upon Cal-Water's acceptance ofthe improvements as complete, the costs ofthe improvements aze to be reimbursed by the City to the District Proponent, pursuant to that certain Reimbursement and Disclosure Agreement, City of Bakersfield Assessment District 29660FerLwpA I-4 ill ]/p5 No. 04-3, between the City and the District Proponent, planned for approval by City Council on May 25, 2005 (the "AD 04-3 Reimbursement Agreement"), in conjunction with those certain Agreements identified by their Cal-Water Project Nos. BK-12139 and BK-12653, being "Special Facilities Agreements," between the District Proponent and Cal-Water (the "Cal-Water Agreements"). The AD 04-3 Reimbursement Agreement and the Cal-Water Agreements stipulate requirements and process for the acquisition and transfer of the completed AD 04-3 Improvement Acquisitions between the District Proponent, the City, and Cal-Water, as well as the process for the reimbursement of the "Special Facilities" Cat-Water fees and the "oversizing"portion of the AD 04-3 funded improvements (with the "aversi2ing"being thepartion of the AD 04-3 ImprovementAequisitions that are to be constructed by the District Proponent and available for future use by properties outside the AD 04-3 boundaries). B. Maps and Descriptions of Larids, Easements, and Rights-of--way to Be Acquired: As of the date of filing this Engineer's Report there were no land, easement, orrights-of--way acquisitions proposed to be financed by AD 04-3. Accordingly, no maps or descriptions have been prepared and filed with the City Engineer. 2. GENERAL DESCRIPTION OF W ORK AND ACQUISITIONS: A General Description of Work and Acquisitions to be completed pursuant to the AD 04-3 proceedings is included as Section II of this Engineer's Report. The improvement acquisitions are also generally shown and described on the map included in Engineer's Report Exhibit E. 3. ESTIMATE OF TOTAL ASSESSMENT DISTRICT IMPROVEMENT ACQUISITION AND INCIDENTAL COSTS: A "Statement of Total Assessment" is presented in Section III of this report. An itemized breakdown of the estimated total improvement acquisition and incidental costs and expenses, including the estimated cost of preparing, printing, registering, servicing, and collecting bonds issued pursuant to these proceedings, is included in Exhibit B, Table B-I, "Engineer's Estimate of Total Cost and Assessment" ("Table B-I"), attached hereto. 4. ASSESSMENT DIAGRAM: The diagram entitled "ASSESSMENT DIAGRAM OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO.04-3 (SOLERA/RIO VISTA), COUNTY OF KERN, STATE OF CALIFORNIA" (the "AD 04-3 Assessment Diagram"), consisting of five (5) sheets, is on file with the City Clerk and incorporated herein by reference. Said AD 04-3 Assessment Diagram being too bulky to be bound with this Engineer's Report, a reduced and not to scale copy is attached hereto as Engineer's Report Appendix B and incorporated herein by reference. 29660Ferl.wpd I-5 5/11!05 The AD 04-3 Assessment Diagram shows all of the following: A. The exterior boundaries of AD 04-3; B. The boundazies of the two community areas within AD 04-3; C. The boundaries of the existing AD 93-1 {or parts thereof) for the areas in which AD 04-3 is also located; and D. By reference to the Maps of the Assessor of the County of Kern and to maps and deeds of record, the lines and dimensions are shown for each separate lot, pazcel, and subdivision of land within AD 04-3 as they existed at the time this Engineer's Report was filed with the City Clerk, each lot, parcel, and subdivision of land having been assigned a separate assessment number upon the AD 04-3 Assessment Diagram, which corresponds with the number shown for each parcel on the AD 04-3 Assessment Roll (Exhibit A contained herein). 5. PROPOSED ASSESSMENT AND ASSESSMENT ROLL: A. A proposed assessment of the estimated total improvement acquisition cost and of the incidental expenses in connection with the AD 04-3 proceedings is presented in Section III of this Engineer's Report. B. Assessment Roll: An Assessment Roll for AD 04-3 is attached hereto as Exhibit A. The Assessment Roll shows the exact amount of the total estimated cost of the proposed improvement acquisitions, incidental work, and expense that is assessed upon each of the lots and pazcels within AD 04-3. The assessment numbers that appear on the Assessment Roll correspond to the assessment numbers shown on the AD 04-3 Assessment Diagram. C. Maximum Annual Parcel Assessment for Recovery of Assessment District Administration Costs and Expenses: Pursuant to Paragraph 3 of Resolution of Intention No. 1368, Section III of this Engineer's Report includes a statement of the proposed $50.00 maximum annual assessment upon each of the parcels in AD 04-3. The purpose of this separate annual assessment is to pay the costs incurred by the City of Bakersfield, and not otherwise reimbursed, which result from the administration and collection of assessments, from compliance with Securities and Exchange Commission Rule 15c2-12 for continuing disclosure requirements, or from the administration and registration of any associated bonds and reserve ar other related funds. This maximum annual assessment is proposed to be levied pursuant to Subdivision {f) of Section 10204 of the Streets and Highways Code. 29660FerLwpd I-6 511 tlOS 6. ASSESSMENT SPREAD METHOD: A description of the assessment spread method used to apportion a share to each parcel in AD 04-3 of the total estimated cast proposed to be financed for the acquisition andtor construction of improvements and- payment of incidental costs is attached hereto as Exhibit D and incorporated herein by reference. DESCRIPTION OF ENGINEER'S REPORT EXHIBITS A, B, AND C Exhibits A, B, and C that are attached to this Engineer's Report include a total of seven (7) tables of AD 04-3 cost estimates andtor assessment spread cost allocations. A brief description of each of the three report exhibits and of the separate tables contained in each exhibit is presented below. Engineer's Report Exhibits A through C have been designed for the purpose of presenting a step-by-step breakdown of how the AD 04-3 total assessment has been spread to the individual parcels that are proposed to be assessed. The Exhibit C tables present separate breakdowns of parcel assessment data based on the Reallocation Method (per 1Nlunicipal Code Section 13.08.070), and based on the 1413 Act benefit based Assessment Allocation Method (see Engineer's Report Exhibit D for a description of the Assessment Allocation Method and of the Reallocation Method). Exhibit C tables also provide comparisons of the calculated assessment amounts derived in accordance with the Allocation and Reallocation Methods. The exhibits and their tables begin with_ 1. A listing in Exhibit A, Assessment Roll, of the exact amount proposed to be assessed to every existing parcel in AD 04-3; then Exhibit B, Table B-I presents the major items of total system costs and incidental expenses for all of AD 04-3, and Table B-II presents the itemized quantity and cost estimates for the AD 04-3 improvement acquisitions. Exhibit C has four (4) tables that provide a detailed breakdown of individual pazcel assessment data as follows: A. Details for parcel assessments calculated using the AD 04-3 Reallocation Method of assessment spread authorized by Municipal Code Section 13.08.070 are presented in Tables C-I and C-II; B. Details for parcel assessments calculated in accordance with the AD 04-3 Allocation Method of assessment spread that is a benefitJcost based assessment spread method are shown in Table C-III; and C. Table C-IV presents a comparison by community azea of the assessments calculated by each of the two spread methods referenced in 3.A and 3.B, above, and described in Exhibit D. 29660Fed.wpd I-7 5/11/05 ENGINEER'S REPORT CTTX OF BAKERSFIELD ASSESSMENT DISTRICT NO.04-3 (SOLERA/RIO VISTA) SECTION II GENERAL DESCRII'TION OF WORK AND ACQUISITIONS PROJECT DESCRIl'TION The sepazate improvement systems to be acquired and their related incidental work and posts eligible for financing pursuant to the AD 04-3 proceedings (hereinafter the "Improvement Acquisitions") are described below. The descriptions of the Improvement Acquisitions and of the termini of the proposed work do not necessarily extend for the full length of their description. The plans and profiles of the Improvement Acquisitions shall be controlling as to their- correct and detailed description. The general scope of the Improvement Acquisitions includes the acquisition of certain special facilities water improvements that will be owned, operated, and maintained by Cal-Water pursuant to City/Cal-WatertDistrict Proponent agreements described in Section I of this report, and the payment of certain improvement, assessment proceeding, and bond issuance incidental costs and expenses related to the AD 04-3 Improvement Acquisitions and to the assessment proceedings. All of the AD 04-3 Improvement Acquisitions are private utility infrastructure improvements that are either already required to be installed or are expected by the District Proponent to be required to be installed as conditions of tentative or final subdivision map approvals, ar of land use entitlement approvals within the two AD 04-3 community areas. As stated in Section I, the AD 04-3 Improvement Acquisitions aze proposed to be financed by the City in accordance with the terms and conditions of the AD 04-3 Reimbursement Agreement and the Cal-Water Agreements. Those agreements define the specific scope of private utility infrastructure improvements to be constructed and installed by the District Proponent and/or Cal- Water and, upon their completion and Cal-Water's acceptance of those improvements as complete; be reimbursed by the City to the District Proponent using funds provided only through the AD 04-3 proceedings. DESCRIPTION OF PROJECT IMPROVEMENTS, INCIDENTAL W ORK, AND ANNUAL ASSESSMENT General descriptions are presented below of the Improvement Acquisitions and of any incidental work and expense to be financed by AD 04-3 that are related to those Improvement Acquisitions or to the AD 04-3 proceedings. A general description of the proposed annual assessment to be levied pursuant to Section 10204(f) of the Streets and Highways Code and to the AD 04-3 proceedings for the recovery of certain costs that may be incurred by the City in future years from the administration of the AD 04-3 bonds and reserve fund, from the administration and collection of annual assessment 29660FedLwtxi II-1 i!1 ]105 debt service installments, or from compliance with bond issue continuing disclosure requirements is also presented in following portions of this Section II. GENERAL DESCRIPTION OF AD 04-3 IMPROVEMENT ACQUISITIONS The AD 04-3 Improvement Acquisitions include the construction and installation as separate improvement systems of certain Cal-Water owned infrastructure improvements and incidental work described below. The Improvement Acquisitions are to be constructed in accordance with plans and specifications prepared by Cal-Water (or its designated design engineers) and as approved by Cal- Water. As stated in Section I, the plans and specifications for all of the Improvement Acquisitions had not been completed and/or finally approved by Cal-Water at the time this Engineer's Report was prepared. Accordingly, the following description of work is based on schematic, preliminary, and/or approved plans, quantities, and estimates that have been prepared by Cal-Water. The Improvement Acquisitions to be made pursuant to the AD 04-3 proceedings aze described below. In addition, the map in Engineer's Report Exhibit E, attached hereto and incorporated herein by reference, shows and describes the general location of the several improvement projects, which together comprise the Improvement Acquisitions that are to be financed by AD 04-3. Solera Area The Solera Area boundazies encompass an approximately 174.7-acre block of land that is planned for subdivision into a combined total of 558 R-1 lots, 1 private recreation center lot, 1 public park lot, 5 private park lots, and 2 storm drain sump lots pursuant to Ten. TR 6149. The Distact Proponent is the subdivider of Ten. TR 6149. Accordingly, all of the Improvement Acquisitions for the Solera Area are improvements related to the development of that subdivision and are generally described below. Rio Vista Area The Rio Vista Area boundaries encompass an approximately 40.9-acre block of land that is planned for subdivision into a combined total of 94 R-1 lots pursuant to Ten. TR 5991 and Ten. TR 5998. The District Proponent is the subdivider of Ten. TR 5997 and Ten. TR 5998. Accordingly, all of the Improvement Acquisitions for the Rio Vista Area are improvements related to the development of those subdivisions and are generally described below. The Improvement Acquisitions for both the Solera Area and the Rio Vista Area include the construction and installation as separate systems of: (i) approximately 2,530 feet of 36-inch diameter water line with appurtenances in Paladino Drive from the waterline stub at Valley Lane easterly to a new booster pump station located approximately 500 feet east of the intersection of Masterson Street and Paladino Drive, on the north side of Paladino Drive, (ii) approximately 5,680 feet total of 24-inch diameter water line with appurtenances in Paladino Drive (from the booster pump station westerly approximately 500 feet to Masterson Street) and in Masterson Street (from Paladino Drive southerly approximately 5,180 feet to State Route 178), (iii) approximately 2,010 feet of 18-inch diameter water line with appurtenances in State Route 178 from Masterson Street 29660FaII.wpd II-2 5/11!05 northeasterly to Vista Finestra, and (iv) a booster pump station located approximately 500 feet east of the intersection of Paladino Drive and Masterson Street (on the north side of Paladino Drive): Also included in the scope of the Improvement Acquisitions are incidental costs for design and engineering, Cal-Water contract administration, construction monitoring and overhead, compaction testing,- and permits, all as itemized in Table B-II in Engineer's Report Exhibit B and as generally shown on the map in Engineer's Report Exhibit E, attached hereto and incorporated herein by reference. AD 04-3 will confirm an assessment that will fund 74.75% of the estimated total cost of the AD 04-3 Improvement Acquisitions and the District Proponent will pay 25.25°l0 of that estimated total cost, pursuant to the City/Cal-WaterlDistrict Proponent agreements described in Engineer's Report Section I (the "Developer's Contribution"). A detailed description of the Developer's Contribution and ofthe share of the estimated total cost of the AD 04-3 Improvement Acquisitions to be financed by AD 04-3 is presented in the attached Exhibit D, Description of Assessment Spread Method. GENERAL DESCRIPTION OF AD 04-3 IlYIPROVEMENT AND ASSESSMENT PROCEEDING INCIDENTAL WORK AND EXPENSE The total cost proposed to be financed by AD 04-3 includes work to be performed and fees or expenses to be paid that aze incidental to the construction of the separate improvement system acquisitions. In addition, the cost and expense related to the conduct by the City of the AD 04-3 proceedings and to the issuance and sale of bonds to finance the total assessed cost and not paid by the property owners andJor not paid by public agency contributions arc also proposed to be financed by AD 04-3. The incidental costs and expenses proposed to be funded by AD 04-3 are described as follows: A. The acquisition of all rights of way, easements, franchises, licenses, and permits, and the construction of all auxiliary work, and the payment of all incidental expanses necessary and/or convenient to the accomplishment of the foregoing and for the conduct of special assessment proceedings and the issuance of special assessment bonds, as may be approved by the City, for the financing of all or a portion of the foregoing, including, but not limited to, the incidental expense to cover the estimated cost of preparing, printing, registering, servicing, and collecting the improvement bonds proposed to be issued to represent the assessments, and the incidental expense to cover the estimated cost during the first two years following issuance of any bonds for City compliance with Securities and Exchange Commission Rule 15c2-12 for continuing disclosure requirements, as may be applied to any AD 04-3 bonds issued by the City; B. The payment andlor reimbursement to the City and to the District Proponent of 1) all eligible sums under the Streets and Highways Code advanced by the City, including al] associated City incurred district formation and assessment proceeding administration costs and expenses, and 2) all eligible sums under the Streets and Highways Code and pursuant to the AD 04-3 Reimbursement Agreement advanced by the District Proponent, including all costs advanced to Cal-Water for the preparation of construction plans for the Improvement Acquisitions; and 29b60FedLwpd II-3 5!11!05 C. The funding of not to exceed one (l} year's capitalized interest on any bonds issued. in the amount of the unpaid assessments, where said bonds are to be issued pursuant to the Municipal Code and to the 1915 Act. All of the foregoing improvement acquisitions, incidental work and expense shall be made and done pursuant to the provisions of the Municipal Code and the 1913 Act. GENERAL DESCRIPTION OF PROPOSED ANNUAL ASSESSMENT Section III of this Engineer's Report also includes a "Statement of Maximum Annual Parcel Assessment for Recovery of Assessment District Administration Cost and Expenses." The purpose of the proposed $50.00 annual assessment is to pay costs incurred by the City from the administration and collection of assessments, from compliance with Securities and Exchange Commission Rule 15c2-12 for continuing disclosure, or from the administration or registration of any associated bonds and reserve or other related funds, pursuant to Subdivision (fj of Section 10204 of the Streets and Highways Code. 29660FerIl.wpd II-4 5111/OS ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO.04-3 (SOLERA/RIO VISTA) SECTION III PROPOSED ASSESSMENT OF ESTIMATED IMPROVEMENT ACQUISITION COSTS AND EXPENSES REPORT REQUIl2EMENTS On January 26, 2005, the City Council, pursuant to the provisions ofthe Municipal Code and of the 1913 Act, adopted its Resolution of Intention No. 1368 declaring its intent to order the acquisition and/or construction of the improvements described in the foregoing Engineer's Report Section II, to levy a special assessment on each pazcel of land benefited by the Improvement Acquisitions and to levy a maximum annual assessment pursuant to Subdivision (f) of Section 10204 of the Streets and Highways Code. The Subdivision (f} declaration provides far the levy of an annual assessment upon each of the pazcels of land in AD 04-3 to recover costs incurred by the City and not otherwise reimbursed, resulting from the administration and collection of assessments and from the administration or registration of any associated reserve or other related funds. Resolution of Intention No. 1368 further declares that the lands within the exterior boundaries shown on the AD 04-3 Boundary Map shall be designated CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-3 COUNTY OF KERN, STATE OF CALIFORNIA (SOLERAJRIO VISTA) Resolution of Intention Na. 1368 appointed the City Public Works Director as the Engineer of Work. for AD 04-3 and directed him to make and file the report (the "Engineer's Report"} required by Section 10204 of the Streets and Highways Code. The Engineer's Report requirements set forth in Section 10204 of the Streets and Highways Code are summarized in Section I of this report under the subsection entitled "Engineer's Report Submittal Statement." Reference is made to Resolution of Intention No. 1368 and to the general description of the improvements proposed to be acquired and/or constructed, as presented in Section II of this Engineer's Report, far more detailed information on the declared intent of the City Council for conduct of the AD 04-3 assessment proceedings. 296bOFerIII.wpd III-1 5/1 t/OS PROPOSED ASSESSMENT OF ESTIlVIATED IMPROVEMENT ACQUISITION. COSTS AND EXPENSES NOW, THEREFORE, I, Raul M. Rojas, the duly appointed Engineer of Work for AD 04-3, by virtue of the power vested in me under the Municipal Code and under the 1913 Act and the order of the City Council, as set forth in Resolution of Intention No. 1368, hereby make the following assessment to cover the portion ofthe estimated cost of the acquisition andlor construction ofimprovements and the costs and expenses incidental thereto to be paid by AD 04-3: 1. The amount to be paid by AD 04-3 for the acquisition andlor construction ofimprovements, and the expenses incidental thereto is generally as shown in the following Statement of Total Assessment: STATEMENT OF TOTAL ASSESSMENT CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0.04-3 (SOLERA/RIO VISTA) Assessrnern Amourrt As Preliminarily Confirmed Approved 04/27/05 Assessment Amount A. Acquisition Cost of Improvements, Contingency, and Incidental Expense (Exhibit B, Table B-I, Item 1} $ 3,670,500.00 $ 3,670,500.00 B. Deduct Developer's Contribution to Total Cost of Improvements, Contingency, and Incidertal Expense (F,xhibit B, Table B-I, Item 2) $ (926.894.00) $ (926.894.00) C. Cost of Improvements, Corltixlgency, and Incidental Expense After Developer's Contribution (Exhibit B, Table B-I, Item 3) $ 2,743,606.00 $ 2,743,606.00 D. Assessment Proceeding Cost and Expense (Exhibit B, Table B-I, Item 4) $ 250.184.00 $ 250.784.00 E. Subtotal $ 2;994,390.00 $ 2,994,390.00 F. Deduct Cash Collections $ 0.00 $ 0.00 G. Subtotal Cost to 1915 Act Bond Financing (Exhibit B, Table B-I, Item 7) $ 2,994,390.00 $ 2,994,390.00 H. 1915 Act Bond Issuance Cost and Reserve (Exhibit B, Table B-I, Item 8} 1. Underwriter's (Bond} Discount $ 37,730.00 $ 37,730.00 2. Capitalized Interest $ 54,880.00 $ 54,880.00 3. Bond Reserve Fund $ 343.040.00 $ 343.000.00 4. Total 1915 Act Bond Issuance Cost and Reserve $ 435,610.00 $ 435,610.00 I. Total Amount Assessed (Table B-I, Item 9) $ 3,430,000.00 $ 3,430,000.00 1. Soles Area $ 2,906,306.47 $ 2,906,306.47 2. Rio Vista Area $ 523,693.53 $ 523,693.53 29660FerIIl.wpd III-2 S/1 l/OS A detailed breakdown of the itemized costs for the acquisition andlor construction of improvements, and expenses incidental thereto is presented in Exhibit B, attached hereto and incorporated herein by reference. 2. Pursuant to the provisions of law and of Resolution of Intention No. 1368, I have assessed the total amount of the cost of the acquisition and/or construction of improvements and of the expenses incidental thereto upon the several parcels of land liable therefor and hereinafter numbered to correspond with the numbers shown on the attached AD 04-3 Assessment Diagram, all as is more particularly set forth in the Assessment Roll, attached hereto. as Exhibit A and incorporated herein by reference. The numbers on the Assessment Roll correspond with the numbers assigned to each respective parcel as shown on the AD 04-3 Assessment Diagram. Each subdivision of land assessed is described within the Assessment Rall by reference to its parcel number as shown on the Assessor's Maps of the County of Kern for the fiscal yeaz 2004!2005, or by reference to maps and deeds of record on file in the office of the County Recorder of said County. For a more particular description of the manner in which the Estimated Total Improvement Acquisition Cost and Incidental Expenses have been assessed upon the several parcels of land in AD 04-3, reference is made to the Description of Assessment Spread Method, attached hereto as Exhibit D and incorporated herein by reference. 3. As required by the 1913 Act, the AD 04-3 Assessment Diagram is on file in the office of the City Clerk and is attached hereto in reduced, not to scale form, as Appendix B and incorporated herein by reference. For a mare particular description of the AD 04-3 exterior boundaries, reference is made to the AD 04-3 Boundary Map (on file in the office ofthe City Clerk), attached hereto in reduced and not to scale form as Appendix A and incorporated herein by reference. STATEMENT OF MAXIMUM ANNUAL PARCEL ASSESSMENT FOR RECOVERY OF ASSESSMENT DISTRICT ADMINISTRATION COSTS AND EXPENSES Pursuant to Subdivision (f) of Section 10204 of the Streets and Highways Code, I present the following statement of a proposed maximum annual assessment upon each parcel and subdivision of land in AD 04-3, in the amount of $50.00. Said annual assessment shall be levied by the City Council to pay various costs and expenses incurred from time to time by the City and. not otherwise reimbursed, which result from the administration and collection of assessment installments, from compliance with Securities and Exchange Commission Rule ]Sc2-12 for continuing disclosure requirements, or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto. The City Council shall determine, by resolution, the amount of the annual assessment for this purpose, which shall not exceed the maximum assessment stated above and shall not exceed a reasonable estimate of costs actually incurred. The above stated maximum annual assessment amount shall be separate from and in addition to any costs and expenses that may be charged to property owners in AD 04-3 by the City, pursuant to Sections 8682 and 8682.1 of the Streets and Highways Code. 29660FerIILv+pd III-3 5/11105 BOND DECLARATION NOTICE IS HEREBY GIVEN, that pursuant to Resolution oflntention No. 1368 serial and/or term bonds representing the unpaid assessments, and bearing interest at arate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the 1415 Act, and the last installment of the bonds shall mature in not to exceed twenty-four (24) years from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of the 1915 Act providing a procedure for the collection of assessments and advance retirement of bonds shall apply. The total amount assessed pursuant to the AD 04-3 proceedings includes an incidental expense to cover the estimated cost afpreparing, printing, registering, servicing, and collecting the improvement bonds proposed to be issued pursuant to the 1915 Act to represent any unpaid assessments. The AD 04-3 Engineer's Report was filed in the office of the City Clerk an April 15, 2005, for preliminary approval on April 27, 2005, pursuant to City Council Resolution No. 091-05. This Engineer's Report was filed with the City Clerk on May 13, 2005, for final consideration and approval by the City Council after the close of the hearing scheduled for May 25, 2005. The proposed AD 04-3 "final" assessment amount is shown in the preceding "Statement of Total Assessment" in Engineer's Report Section III on page III-2, under the "Confirmed Assessment Amount" column, and the individual parcel proposed "final" assessment amounts aze shown in Exhibit A, Assessment Roll, under the "Confirmed Assessment Amount" column. Pursuant to the finding of the AD 04-3 Assessment Engineer, as stated in Engineer's Report Exhibit D, Description of Assessment Spread Method, the proposed Assessment Reallocation Method is in general conformance with the requirements of Municipal Code Section 13.08.070. Therefore, the undersigned recommends that the AD 04-3 Engineer's Report be approved by the City Council as the Final Report, that the parcel assessments shown herein be ]evied, and the proposed improvements andlor acquisitions financed by AD 04-3 be ordered. Raul M. Rojas, Public Works Director and Engineer of Work, City of Bakersfield, Assessment District No. 04-3 29660Ferlll.wpd III-4 5!11105 ENGINEER'S REPORT EXHIBIT A ENGINEER'S REPORT CITY Of BAKEftSFIEID ASSESSMENT DISTRICT N0.04-3 COUNTY OF KERN, STATE OF CALIFORNIA ASSESSMENT ROLL ASNUMBERNT PROPERTY DESCRIPTION ( PROPERTY OWNER ASAMOUNTNT I A AMOUNTNT 1 TRACT NO. 6149-PHASE 7; LOT t PULTE HOME CORPORATION $5.208.43 $5,208.43 2 TRACT NO. 6149-PHASE t; LOT 2 PULTE HOME CORPORATION $5,208.43 $5,208.43 3 TRACT N0. 8149-PHASE i; lOT 3 PULTE HOME CORPORATION $5,208.43 $5,208.43 4 TRACT ND. fi149-PHASE i; LOT 4 PULTE HOME CORPORATION $5,208.43 $5,208.43 5 TRACT NO. 6149-PHASE i; LOT 5 PULTE HOME CORPORATION $5,208.43 $5,208.43 6 TRACT NO. 6149-PHASE i; LOT 6 PULTE HOME CORPORATION $5,208.43 $5,208.43 7 TRACT N0. 6149-PHASE i; l0T 7 PULTE HOME CORPORATION $5,206.43 $5,208.43 8 TRACT N0. 6149-PHASE i; LOT e PULTE HOME CORPORATION ~ $5,206.43 $5,208.43 g TRACT N0. 6149-PHASE i; LOT 9 PULTE HOME CORPORATION $5,208.43 $5,208.43 10 TRACT N0. 6149-PHASE 1; LOT 70 PULTE HOME CORPORATION $5,208.43 $5,208.43 11 TRACT NO. 6149-PHASE i; LOT 11 PULTE HOME CORPORATION $5,208.43 $5,208.43 12 TRACT N0. 6749-PHASE 1; LOT 12 PULTE HOME CORPORATION $5,208.43 $5,?08.43 73 TRACT N0. 6149-PHASE t; LOT 73 PULTE HOME CORPORATION $5,208-03 $5,208.43 14 TRACT NO. 6149-PHASE i; LOT 14' PULTE HOME CORPORATION $5,208.43 $5,208.43 15 TRACT NO. 6149-PHASE 1; LOT 15 PULTE HOME CORPORATION $5,208.43 $5,208.43 i6 TRACT NO. 6149-PHASE 1; l0T i6 PULTE HOME CORPORATION $5,208.43 $5,208.43 17 TRACT NO. 6149-PHASE 7; LOT 17 PULTE HOME CORPORATION $5,208.43 $5,208.43 18 TRACT NO. 6749-PHASE 1; LOT 18 PULTE HOME CORPORATION 5090 $0.00 19 TRACT NO. 6149-PHASE 1; LOT A PULTE HOME CORPORATION ~ $0.00 50.00 20 TRACT NO. 6149-PHASE 1: LOT B PULTE HOME CORPORATION $0.00 $090 21 TRACT NO. 6149-PHASE 1; LOT C PULTE HOME CORPORATION $0.00 $000 22 TRACT NO. 6149-PHASE 7; LDT D PULTE HOME CORPORATION $0.00 $0.00 23 TRACT NO. 6149-PHASE is LOT E PULTE HOME CORPORATION $0.00 $0.00 24 TRACT N0. 6149-PHASE 1; LOT F PULTE HOME CORPORATION $0.00 $0.00 25 TRACT NO. 6149-PHASE 2; l0T 7 PULTE HOME CORPORATION $5,208.43 $5,208.43 26 TRACT N0. 6149-PHASE 2: LOT 2 PULTE HOME CORPORATION $5,208.43 $5,208.43 27 TRACT NO. 6149-PHASE 2; LOT 3 PULTE HOME CORPORATION $5,208.43 $5,208.43 28 TRACT N0. 6149-PHASE 2; LOT 4 PULTE HOME CORPORATION $5,208.43 $5,208.43 29 TRACT NO. 6149-PHABF Z: LOT 5 PULTE HOME CORPORATION $5,208.43 $5,208.43 30 TRACT NO. 6749-PHASE 2: LOT 6 PULTE HOME CORPORATION $5,208.43 $5,208.43 31 TRACT NO. 6149-PHASE Z; LOT 7 PULTE HOME CORPORATION 55,208.43 $5,208.43 32 TRACT N0. 6t49-PHASE 2; LOT e PULTE HOME CORPORATION $5,208.43 $5,208.43 33 TRACT N0. 6949-PHASE 2; LOT 9 PULTE HOME CORPORATION $5,208.43 $5,200.43 34 TRACT NO. 8749-PHASE 2; LOT 10 PULTE HOME CORPORATION $5,208.43 $5,208.43 35 TRACT NO. 8149-PHASE 2; LOT 17 PULTE HOME CORPORATION $5,208.43 $5,208.43 36 TRACT NO. 6149-PHASE 2; LOT 12 PULTE HOME CORPORATION $5,208.43 $5,208.43 37 TRACT N0. 6144PHASE 2; l0T 13 PULTE HOME CORPORATION $5,208.43 55,208.43 38 TRACT NO, 6148-PHASE 2; LOT 14 PULTE HOME CORPORATION $5,208.43 $5,208.43 39 TRACT NO. 6t49-PHASE 2; l0T t5 PULTE HOME CORPORATION $5,208.43 $5,208.43 4D TRACT NO. 6149-PHASE 2; LOT 16 PULTE HOME GDRPGRATIGN $5,208.43 $5,208.43 41 TRACT NO. 6149-PHASE 2; LOT 17 PULTE HOME CORPORATION $5,208.43 $5,206.43 42 TRACT NO. 6149-PHASE 2: LOT 16 PULTE HOME CORPORATION $5,208.43 $5,208.43 43 TRACT NO. 6149-PHASE 2; LOT 19 PULTE HOME CORPORATION $5,208.43 $5,208.43 44 TRACT NO. 6149-PHASE 2; l0T 20 PULTE HOME CORPORATION 55,208.43 $5,208.43 45 TRACT NO. 6749-PHASE 2; LOT 2t PULTE HOME CORPORATION $5,208.-03 $5,208.43 46 TRACT NO. 6149-PHASE 2; LOT 22 PULTE HOME CORPORATION $5.208.43 $5,208.43 47 TRACT NO. 6149fHASE 2: lOT 23 PULTE HOME CORPORATION $5,208.43 $5,208.43 48 TRACT NO. fi149-PHASE 2; LOT 24 PULTE HOME CORPORATION $5,208.43 $5,208.43 49 TRACT N0. 6143-PHASE 2; LOT 25 PULTE HOME CORPORATION $5.208.-03 $5,208.43 50 TRACT N0. 6149-PHASE 2; LOT 26 PULTE HOME CORPORATION 85,208.43 $5,208.43 57 TRACT N0. 6149-PHASE 2; l0T 27 PULTE HOME CORPORATION $5,208.43 $5,208.43 52 TRACT NO. 6149-PHASE 2: LOT 28 PULTE HOME CORPORATION 55,208.43 $5,208.43 53 TRACT NO. 6149-PHASE 2; LOT 29 PULTE HOME CORPORATION $5,208.43 $5,208.43 54 TRACT N0. 674&PHASE 2; LOT 30 PULTE HOME CORPORATION $5,208.43 $5,208.43 55 TRACT N0. 6149-PHASE 2; LOT 31 PULTE HOME CORPORATION $5,208.43 $5,208.43 56 TRACT N0. 6949-PFIASE 2; LOT 32 PULTE HOME CORPORATION $5,208.43 $5,208.43 87 TRACT N0. 6149-PHASE 2; l0T 33 PULTE HOME CORPORATION $5,208.43 $5,208.43 58 TRACT N0. 6149-PHASE 2; lOT 34 PULTE HOME CORPORATION $5.208.43 $5,208.43 59 TRACT NO. 6749-PHASE 2; lOT 35 PULTE HOME CORPORATION 55,208.43 $5,208.43 60 TRACT NO. 6149-PHASE 2; LOT 38 PULTE HOME CORPORATION $5,208.43 $5,208.43 61 TRACT N0. 614&PHASE 2; LOT 37 PULTE HOME CORPORATION $5,208.43 $5,208.43 62 TRACT NO. 6149-PHASE 2; LOT 38 PULTE HOME CORPORATION $5,206.43 $5,208.-03 63 TRACT NO. 6149-PHASE 2; LOT 39 PULTE HOME CORPORATION $5,208.43 $5,208.43 64 TRACT NO. 6149PFIASE 2; LOT 40 PULTE HOME CORPORATION $5,208.43 $5,208.43 65 TRACT N0. 6149-PHASE 2; LOT 47 PULTE HOME CORPORATION $5,208.43 $5,206.43 66 TRACT N0. 6149-PHASE 2; LOT 42 PULTE HOME CORPORATION $5,208.49 $5,208.43 67 TRACT N0. 6749-PHASE 2; LOT 43 PULTE HOME CORPORATION $5,208.43 $5.208.43 fie TRACT NO. 6749-PHASE 2; LOT 44 PULTE HOME CORPORATION $5,208.43 $5,208.43 69 TRACT N0. 6149-PHASE 2: LOT 45 PULTE HOME CORPORATION $5,208.43 $5,208.43 70 TRACT NO. 6149-PHASE 2; lOT 48 PULTE NOME CORPORATION $5,208.43 $5,208.43 71 TRACT N0 .614&PHASE 2; LOT 47 PULTE HOME CORPORATION $5,2f18.43 $5,206.43 72 TRACT NO , 6149-PHASE 2; LOT 48 PULTE HOME CORPORATION $5,208.43 $5,208.43 73 TRACT N0 .614&PHASE 2; LOT d9 PULTE HOME CORPORATION $5,208.43 $5,208.43 29860EXA A-1 05/03!2005 EXHIBIT A ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0.043 COUNTV OF KERN, STATE OF CALIFORNIA ASSESSMENT ROLL ASNUMDERNT PROPERTY DESCRIPTION PROPERTY OWNER A AMOUNT T A AMOUNTNT 74 TRACT N0. 6149-PHASE 2; lOT SD PULTE HOME CORPORATION $5,208.43 $5,208.43 75 TRACT NO. 8149-PHASE 2; l0T 51 PULTE HOME CORPORATION ,$5,208.43 $5.208.43 76 TRACT NO. 6149-PHASE 2; LOT 52 PULTE HOME CORPORATION $5,208.43 $5,208.43 77 TRACT N0. 6149-PHASE 2; lOT 53 PULTE HOME CORPORATION $5,208.43 $5,208.43 78 TRACT N0. 5i49-PHASE 2; LOT 54 PULTE HOME CORPORATION $5208.43 $5.208.43 79 TRACT NO. 6149-PHASE 2; LOT 55 PULTE HOME CORPORATION $5,208.43 $5,208.43 80 TRACT N0. 6149-PHASE 2; lOT 56 PULTE HOME CORPORATION $5,208.43 $$,208.43 81 TRACT ND. 6149-PHASE 2; l0T 57 PULTE HOME CORPORATION $5,208.43 $5,208.43 82 TRACT NO. 6149-PHASE 2; LOT 58 PULTE NOME CORPORATION $5,208.43 $5,208.43 ' B3 TRACT NO. 6149-PHASE 2; LOT 59 PULTE HOME CORPORATION $5,208.43 $5.208.43 84 TRACT NO. 6149-PHASE 2; LOT 60 PULTE HOME CORPORATION $5,208.43 $5,208.43 85 TRACT NO. 6149-PHASE 2; lOT 61 PULTE HOME CORPORATION $5,208.43 $5,208.43 86 TRACT NO. S744PHASE 2; LOT A PULTE HOME CORPORATION $0.00 $0.00 87 TRACT NO. 6149-PHASE 2; LOT B PULTE HOME CORPORATION $0.00 $DAO 88 TRACT NO. 6149-PHASE 2; lOT C PULTE HOME CORPORATION $0.00 $0.00 89 TRACT NO. 6149-PHASE 2; LOT 0 PULTE HOME CORPORATION $0.00 $D.00 90 TRACT NO. 6149-PHASE 3; LOT 1 PULTE HOME CORPORATION $5,208.43 $5,208.43 91 TRACT N0. 6149-PHASE 3; LOT 2 PULTE HOME CORPORATION $5,208.43 $5,208.43 - 92 TRACT NO. 6149-PHASE 3; l0T 3 PUUE HOME CORPORATION 55,208.43 $5,208.43 93 TRACT N0. 6148-PHASE 3; LOT d PULTE HOME CORPORATION $5,208-43 $5,208.43 94 TRACT NO. 6149-PHASE 3; LOT 5 PULTE NOME CORPORATION $5,208.43 $5,208.43 95 TRACT N0. 6149-PHASE 3; LOT S PULTE HOME CORPORATION $5,208.63 $5,208.43 96 TRACT NO. 6149-PHASE 3; LOT 7 PULTE HOME CORPORATION $5,208.43 $5,208.43 97 TRACT NO. 8149-PHASE 3; LOT a PULTE HOME CORPORATION $5,208.43 $5,208.43 98 TRACT N0. 6149-PHASE 3; LOT 9 PULTE NOME CORPORATION $5,208.43 $5.208.43 99 TRACT N0. 6149-PHASE 3; LOT 10 PULTE HOME CORPORATION $5,208.43 $5,208.43 100 TRACT NO. 6149-PHASE 3; LOT 71 PULTE HOME CORPORATION $5,208.43 $5,208.43 707 TRACT N0. 6149-PHASE 3; lOT 12 PULTE NOME CORPORATION $5,208.43 $5,208.43 102 TRACT N0. 6149-PHASE 3; LOT 13 PULTE HOME CORPORATION $5,208A3 $5,208.43 103 TRACT N0. 6149-PHASE 3; LOT 1-0 PULTE HOME CORPORATION $5,208.43 $5,208.43 104 TRACT NO- 6149-PHASE 3; LOT 15 PULTE HOME CORPORATION $5,208.43 $5,208.43 105 TRACT NO. 6149-PHASE 3; LOT 16 PULTE HOME CORPORATION $5,208.43 $5,208.43 106 TRACT N0. 6149-PHASE 3; LOT 77 PULTE HOME CORPORATION $5,208.43 $5,208.43 107 TRACT N0. 6149-PHASE 3; LOT 18 PULTE HOME CORPORATION $5,208.43 $5,208.43 108 TRACT N0. 614&PHASE 3; LOT 19 PULTE HOME CORPORATION $5,208.43 $5,208.43 109 TRACT N0. 6149-PHASE 3; LOT 20 PULTE HOME CORPORATION $5,208.43 $5,208.43 170 TRACT N0. 614&PHASE 3; LOT 27 PULTE HOME CORPORATION $5,208,43 $5,208.43 111 TRACT NO. 6149-PHASE 3; LOT 22 PULTE HOME CORPORATION $5,208.-03 $5,208.43 i 72 TRACT NO. 6149-PHASE 3; LOT 23 PULTE HOME CORPORATION $5,208.43 $5,208.43 773 TRACT N0. 61 d9-PHASE 3; LOT 24 PULTE HOME CORPORATION $5,208.43 $5,208.43 774 TRACT NO. 6149-PHASE 3; LOT 25 PULTE HOME CORPORATION $5,208.43 $5.208.43 115 TRACT NO. 6149-PHASE 3; lOT 26 PULTE HOME CORPORATION $5,206.43 $5,208.43 116 TRACT NO. 6149-PHASE 3; lOT 27 PULTE HOME CORPORATION $5,208.43 $5,208.43 H7 TRACT N0. 6149-PHASE 3; l0T 28 PULTE HOME CORPORATION $5,206.43 $5,208.43 118 TRACT NO. 6149-PHASE 3; LOT 29 PULTE HOME CORPORATION $5,206.43 $5,208.43 119 TRACT NO. 6749-PHASE 3; lOT 30 PULTE HOME CORPORATION 55,208.43 $5;208.43 120 TRACT NO. 6149-PHASE 3; LOT 3t PULTE HOME CORPORATION $5,208.43 $5,208.43 721 TRACT N0. 6149-PHASE 3; LOT 32 PULTE HOME CORPORATION $5,208.43 $5,208.43 122 TRACT NO: 6149-PHASE 3; lOT 33 PULTE HOME CORPORATION $5,208.43 $5,208.43 723 TRACT N0. 6149-PHASE 3; LOT 34 PULTE HOME CORPORATION $5,208.43 $5,208.43 124 TRACT N0. 6149-PHASE 3; lOT 35 PULTE HOME CORPORATION $5,208.43 $5,208.43 125 TRACT N0. 6149-PHASE 3; LOT 36 PULTE HOME CORPORATION $5,208.A3 $5,208.43 126 TRACT N0. 6749-PHASE 3; LOT 37 PULTE HOME CORPORATION $5,208.43 $5,208.43 727 TRACT NO . 6149-PHASE 3; LOT 38 PULTE HOME CORPORATION $5,208.43 $5,208.43 128 TRACT N0 .6749-PHASE 3; LOT 39 PULTE HOME CORPORATION $5,208.43 $5,208.43 129 TRACT NO .6149-PHASE 3; LOT 40 PULTE HOME CORPORATION $5,208.43 $5,208.43 130 TRACT N0 .6149-PHASE 3; l0T 41 PULTE HOME CORPORATION $5,208.43 $5,208.43 131 TRACT N0 .6149-PHASE 3; l0T 42 PULTE HOME CORPORATION $5,208.43 $5.208.43 132 TRACT N0 .6149-PHASE 3; LOT 43 PULTE HOME CORPORATION $5,208.43 $5,208.43 733 TRACT N0 .6149-PHASE 3; LOT 44 PULTE HOME CORPORATION $5,208.43 $5,208.43 134 TRACT N0 .614&PHASE 3; l0T 45 PULTE HOME CORPORATION $5,208.43 $5,208.43 135 TRACT NO .6749-PHASE 3; LOT 46 PULTE HOME CORPORATION $5,208.43 $5,208.43 736 TRACT N0 .6149-PHASE 3; LOT 47 PULTE HOME CORPORATION $5,208.43 $5,208.43 137 TRACT N0 .614&PHASE 3; LOT 48 PULTE HOME CORPORATION $5,208.43 $5;208.43 738 TRACT N0 .6149-PHASE 3; LOT 49 PULTE HOME CORPORATION $5,208.43 $5,208.43 139 - TRACT NO .6749-PHASE 3; LOT 50 PULTE HOME CORPORATION $5,208.43 $5,208.43 140 TRACT ND .6149-PHASE 3; LOT . 51 PULTE HOME CORPORATION $5,208.43 $5,208.43 141 TRACT N0 .6149-PHASE3; LOT 52 PULTE HOME CORPORATION $5,208.43 $5,208.43 142 TRACT N0 .6749-PHASE 3; LOT 53 PULTE HOME CORPORATION 55.208.43 $5,208.43 143 TRACT NO . 6149-PHASE 3; LOT 54 PULTE HDME CORPORATION $5,208A3 $5,206.43 " id4 TRACT NO . 814&PHASE 3; l0T 55 PULTE HOME CORPORATION $5,208.43 $5,208.-03 745 TRACT NO . 6149-PHASE 3; LOT 56 PULTE HOME CORPORATION $5,208.43 $5,208.43 td6 TRACT N0 .6149-PHASE 3; LOT 57 PULTE NOME CORPORATION $5,208.43 '$5,208.43 29660EXA A-2 05/0372005 EXHIBIT A ENGINEER'S REPORT CITY OF BAKERSFIELO ASSESSMENT DISTRICT N0.04-3 COUNTY OF KERN, STATE OF CALIFORNIA ASSESSMENT ROLL ASSESSMENT ( NUMBER (ATNji ~ ~ ASSESSMENT ~ ASSESSMENT 147 TRACT N0. 6749-PHASE 3; LOT SB PULTE HOME CORPORATION $5,208.43 $5,208.43 148 TRACT NO. 6149-PHASE 3; LOT 59 PULTE HOME CORPORATION $5,208.43 $5,208.43 149 TRACT N0. 6149-PHASE 3; LOT 60 PULTE HOME CORPORATION $5,208.43 $5,208,43 750 TRACT N0. 6149-PHASE 3; LOT 81 PULTE HOME CORPORATION $5,208.43 $5,208.43 151 TRACT NO. 6149-PHASE 3; LOT 62 PULTE HOME CORPORATION $5,208.43 $5,208.43 752 TRACT NO. 6149-PHASE 3; LOT 63 PULTE HOME CORPORATION $5,208.43 $5,206.43 153 TRACT N0. 6149-PHASE 3; LOT 64 PULTE HOME CORPORATION $5,208.43 $5,206.43 754 TRACT N0. 6749-PHASE 3; LOT 65 PULTE HOME CORPORATION $5,208.43 $5,208.43 155 TRACT N0. 6149-PHASE 3; LOT 66 'PULTE HOME CORPORATION $5,208,43 $5,208.43 756 TRACT N0. 674&PHASE 3; LOT 67 PULTE HOME CORPORATION $5,208.43 $5,208.43 157 TRACT N0. 6149-PHASE 3; LOT 68 PULTE HOME CORPORATION $5,208.43 $5,208.43 158 TRACT N0. 6149-PHASE 3; LOT 69 PULTE HOME CORPORATION $5,208,43 $5,208.43 759 TRACT N0. 6149-PHASE 3; LOT 7~ PULTE HOME CORPORATION $5,208.-03 $5,208.43 160 TRACT NO. 6749-PHASE 3; lOT 71- PULTE HOME CORPORATION $5,208.43 $5,208.43 761 TRACT N0. 6149-PHASE 3; LOT 72 PULTE NOME CORPORATION $5,208.43 $5,208.43 162 TRACT NO. 6149-PHASE 3; LOT 73 PULTE HOME CORPORATION $5,208.43 $5,206.43 163 TRACT NO. 6149-PHASE 3; LOT 74 PULTE HOME CORPORATION $5,208.43 $5,208.43 764 TRACT N0. 8149-PHASE 3; LOT 75 PULTE NOME CORPORATION $5,208,43 $5,208.43 765 TRACT NO. bib9-PHASE 3; LOT 76 PULTE HOME CORPORATION $5,208.43 $5,208.43 766 TRACT NO. 6749-PHASE 3; LOT 77 PULTE HOME CORPORATION ~ $5,208.43 $5,208.43 767 TRACT NO. 6748-PHASE 3; LOT 78 PULTE HOME CORPORATION $5,208.43 $5,208.43 168 TRACT NO. 6149-PHASE 3; LOT 79 PULTE HOME CORPORATION $5,208.43 $5,208.43 769 TRACT NO. st49-PHASE 3; LOT 80 PULTE HOME CORPORATION $5,208.43 $5,208.43 170 TRACT NO. 6149-PHASE 3; LOT 81 PULTE HOME CORPORATION $5,20843 $5,208.43 177. TRACT N0. 6749-PHASE 3; LOT 82 PULTE HOME CORPORATION $5,208.43 $5,208.43 172 TRACT NO. s74&PHASE 3; LOT 83 PULTE HOME CORPORATION $5,206.43 $5,208.43 773 TRACT ND. bi49-PHASE 3; LOT -84 PULTE HOME CORPORATION $5,20643 $5,208.43 174 TRACT NO. 6749-PHASE 3; LOT 85 PULTE HOME CORPORATION $5,208.43 $5,208.43 175 TRACT NO. 6149-PHASE 3; LOT 86 PULTE HOME CORPORATION $5,208.43 $5,208.43 176 TRACT NO. 6149-PHASE 3; LOT 87 PULTE HOME CORPORATION $5,208.43 $5,208.43 777 TRACT NO. 6149-PHASE 3; LOT 88 PULTE HOME CORPORATION $5,208.43 $5,208.43 178 TRACT NO. 6149-PHASE 3: l0T 89 PULTE HOME CORPORATION $5,208.43 $5,208,43 779 TRACT NO. 6149-PHASE 3; LOT 90 PULTE HOME CORPORATION $5,208.43 $5,208.43 780 TRACT N0. 6149-PHASE 3; LOT 91 PULTE HOME CORPORATION $5,208.43 $5,208.43 187 TRACT NO. 614&PHASE 3; LOT 92 PULTE HOME CORPORATION $5,208.43 $5,208.43 182 TRACT NO. 6149-PHASE 3; LOT 93 PULTE HOME CORPORATION $5,208.43 $5,208,43 183 TRACT NO. 8149-PHASE 3; LOT 94 PULTE HOME CORPORATION $5,208.43 $5,208.43 184 TRACT N0. 6149-PHASE 3; LOT 95 PULTE HOME CORPORATION $5,208.43 $5,208.43 185 TRACT NO. 6149-PHASE 3; LOT e6 PULTE HOME CORPORATION $5,208.43 $5,206.43 186 TRACT NO. 6149-PHASE 3; lOT 97 PULTE HOME CORPORATION $5,206.43 $5,208.43 187 TRACT NO. 6149-PHASE 3; lOT 98 PULTE NOME CORPORATION $5,208.43 $5,208.43 188 TRACT NO. 6149-PHASE 3; LOT 99 PULTE HOME CORPORATION $5,208.43 $$.208,43 189 TRACT NO. 6748-PHASE 3; LOT 700 PULTE HOME CORPORATION $5,208.43 $5,208.43 190 TRACT NO. 6149-PHASE 3; LOT 107 PULTE HOME CORPORATION $5,208.43 $5,20843 191 TRACT NO. 6149-PHASE 3; LOT 102 PULTE HOME CORPORATION $5,208.43 $$,208.43 192 TRACT NO. 6149?RASE 3; LOT 703 PULTE HOME CORPORATION $5,208.43 $5,208.43 793 TRACT NO. 8149-PHASE 3; l0T 104 PULTE HOME CORPORATION $5,208.43 $5,208.43 794 TRACT N0. 6749?RASE 3; lOT 105 PULTE HOME CORPORATION $5,206.43 $5,208.43 795 TRACT N0. 6149-PHASE 3; LOT 106 PULTE HOME CORPORATION $5,208.43 $5,208.43 196 TRACT N0. 6149-PHASE 3; LOT 107 PULTE HOME CORPORATION $5,208.43 $5,208.43 797 TRACT N0. 6149-PHASE 3; LOT 108 PULTE HOME CORPORATION $5,208.43 $5,208.43 198 TRACT N0. 6149-PFIASE 3: LD7 109 PULTE HOME CORPORATION $5,208.43 $5,208.43 199 TRACT ND. 6749-PHASE 3; l0T 170 PULTE HOME CORPORATION $5,208.43 $5,208.43 200 TRACT N0. 6149-PHASE 3; LO7 111 PULTE HOME CORPORATION $0.00 $0.00 201 TRACT NO. 5149-PFIASE 3; LOT A PULTE HOME CORPORATION $0.00 $0.00 202 PORTIONS OF 387-02449 ANO OF 387-980.02, 03, W, AN008 (REmAINOER OF PULTE HOME CORPORATION $1,927,121.63 $1,927,121.63 TRACT N0.614SPHA5 1. lOT 20 } 203 TRACT N0.5998: LOT 1 PULTE HOME CORPORATION $5,972.94 $5,972.84 - 204 TRACT N0.5998; LOT 2 PULTE HOME CORPORATION $5,972.94 $5,972.94 205 TRACT NO. 5998; LOT 3 PULTE HOME CORPORATION $5,972.94 $5,972.94 206 TRACT NO.5998; LOT 4 PULTE HOME CORPORATION $5,972.94 $5,972.94 207 TRACT NO. 5998; LOT 5 PULTE HOME CORPORATION $5,972.94 $5,972.94 208 TRACT NO. 5998; LOT 6 PULTE HOME CORPORATION $5,972.94 $5,972.94 209 TRACT NO. 5998; l0T 7 PULTE HOME CORPORATION $5,972.94 $5,972.94 270 TRACT N0.5998; LOT 8 PULTE HOME CORPORATION $5,972.94 $5,972.94 211 TRACT N0.5998; LOT 9 PULTE HOME CORPORATION" $5,972.94 $5,972.94 212 TRACT N0.6998; LOT 70 PULTE HOME CORPORATION $5,972.94 $5,972.94 213 TRACT N0.5998; LOT 1 i PULTE HOME CORPORATION $5,972.94 $5,972.94 274 TRRCT N0.5998; LOT 12 PULTE HOME CORPORATION $5,972.94 $5,972.94 215 TRACT N0.5998: LOT 73 PULTE HOME CORPORATION $5,97294 $5,872.94 216 TRACT NO. 5998; LOT 14 PULTE HOME CORPORATION $5,972.94 $5,972.94 277 TRACT NO. 5948; LOT 15 PULTE HOME CORPORATION $5,972.94 $5,972.94 29660EXA A-3 05!0312005 EXHIBIT A ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0.043 COUNTY OF KERN, STATE OF CALIFORNIA ASSESSMENT ROLL ASSESSMENT ASSESSMENT ASSESSMENT 218 TRACT NO. 5996; LOT 16 PULTE HOME CORPORATION $5,97?.94 $5,972.94 219 TRACT NO. 5998; LOT 17 PULTE HOME CORPORATION $5,972.94 $5,972.94 220 TRAGT NO. 5998; LOT 16 PULTE HOME CORPORATION $5,972.94 $5,972.94 221 TRACT NO. 5998; LOT 19 PULTE HOME CORPORATION $5,972.94 $5,972.94 222 TRACT N0.5998; LOT 20 PULTE HOME CORPORATION $5,972.94 $5,972.94 223 TRACT N0.5998; LOT 21 PULTE HOME CORPORATION $5,972.94 $5,972.94 224 TRACT NO. 5998; LOT 22 PULTE HOME CORPORATION $5,972.84 $5,972.94 225 TRACT NO. 5998; LOT 23 PULTE HOME CORPORATION $5,97294 $5,972.94 226 TRACT NO. 5998; lOT 24 PULTE HOME CORPORATION $5,972.94 $5,972.94 227 TRACT NO. 5998; LOT 25 PULTE HOME CORPORATION $5,97284 $5,972.94 228 TRACT NO. 5998; LOT 26 PULTE HOME CORPORATION $5,972.94 $5,972.94 229 TRACT N0.5998; LOT 27 PULTE HOME CORPORATION $5,972.94 $5,972.94 230 TRACT N0.5898; LOT 26 PULTE HOME CORPORATION $5,972.94 $5,972.94 231 TRACT N0.5998; LOT 29 PULTE HOME CORPORATION $5,972.94 $5,972.94 232 TRACT N0.5998; LOT 30 PULTE HOME CORPORATION $5,972.94 $5,972.94 233 TRACT N0.5998; LOT 31 PULTE HOME CORPORATION $5,972.94 $5,972.94 234 TRACT N0.5998; LOT 32 PULTE HOME CORPORATION $5,872.94 $5,972.94 235 TRACT N0.5998; LOT 33 PULTE HOME CORPORATION $5,972.94 $5,972.94 236 TRACT NO. 5998; LOT 34 PULTE HOME CORPORATION $5,972.84 $5,972.94 237 TRACT NO. 5998; LOT 35 PULTE HOME CORPORATION $5.972.94 $5,972.94 238 TRACT NO. 5998; LOT 36 PULTE HOME CORPORATION $5,972.94 $5,972.94 239 TRACT NO. 5998; LOT 37 PULTE HOME CORPORATION $5,472.94 $5,972.94 240 TRACT N0.5998; LOT 38 PULTE HOME CORPORATION $5,972.94 $5,972.94 241 TRACT N0.5998; LOT 39 PULTE HOME-0ORPORATION $5,97?.9d $5,972.94 242 TRACT N0.5998; l0T 40 PULTE HOME CORPORATION $5,972.94 $5,972.94 243 TRACT N0.5948; LOT 41 PULTE HOME CORPORATION - $5.972.94 $5,972.94 244 TRACT NO. 5998; LOT 42 PULTE HOME CORPORATION $5,9T?.94 $5,972.94 245 TRACT N0.5998: l0T 43 PULTE HOME CORPORATION $5,972.9-0 $5,972.94 246 TRACT N0.5998; LOT 44 PULTE HOME CORPORATION $5,973.03 $5,973.03 247 TRACT N0.5996; LOT A PULTE HOME CORPORATION $0.00 $0.00 248 TRACT N0.5996; 1OT B PULTE HOME CORPORATION $0.00 $0.00 249 TRACT N0.5998; LOT C PULTE HOME CORPORATION $0.00 $D.00 250 TRAGT N0.5998; lOT D PULTE HOME CORPORATION $0.00 $0.00 251 TRACT N0.5998; LOT E PULTE HOME CORPORATION $0.00 $0.00 252 TRACT N0.5998; LOT F PULTE HOME CORPORATION $0.00 $0.00 253 PaRnoNS OF 387-010-05 AN048 (PARCEL pULTE HOME CORPORATION $260,884.08 $260,884.09 A IN lOT LINE ADJUSTMENT N0.03-13331 SOLERA AREA TOTAL (Assessment Nas. t through 202}: $2,906,306.47 $2,906,306.47 RIO VISTA AREA TOTAL (Assessment Nas 203 through 2531: $523693,53 $523693.53 TOTAL AMOUNT ASSESSED: $3,430,000.00 $3,430,000.00 MAP AND DOCUMENT REFERENCES: _. 1. TRACT NO.61A9-PHASE 1 RECORDED DECEMBER 29, 2004, IN BOOK 52 OF MAPS. AT PAGES 140 THROUGH 144, KC.R. 2. TRACT NO.6149-PHASE 2 RECORDED DECEMBER 29, 2004, IN BOOK 52 OF MAPS, AT PAGES 145 THROUGH 147, K.C.R. 3. TRACT NO.6149-PHASE 3 RECORDED MARCH 8, 2005, IN BOOK 52 OF MAPS, AT PAGES 2W THROUGH 202. KC.R. 4. TRACT N0.5998 RECORDED MARCH 15, 20D5, IN BOOK 53 OF MAPS, AT PAGES 14 THROUGH 77, K.C.R. 5. CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO.03-1333 RECORDED JUNE 28, 2004, AS DOCUMENT NO. 0204147980, O.R. PREPARED BY: .~..-., WILSON & ASSOCIATES FRESNO, CALIFORNIA J,,1~~1 ~ /~i~~ 'T ~~ ~~A Rp4ESSi0~~ ~'. APPROVED BY: L' W*++'tl..lw+._..-.1 W """r "'_" 44k~eP~yQ J' 4y!( (FBGt~ DATE: S(I l CZ ~._ No. 23269 ExP. 12/3'1j05 it 296fi0EXA A-0 0 5 /0 312 0 05 EXHIBIT B TABLE 8-I ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-3 COUNTY OF KERN, STATE OF CALIFORNIA ENGINEER'S ESTIMATE OF TOTAL COST AND ASSESSMENT 1. COST OF IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS A.IMPROVEMENTS $3,040,000.00 $3,04D,000.00 B. CONTINGENCY included above included above C.INCIDENTALS $630,500.00 $630,SOO.OD D. TOTAL COST OF IMPROVEMENTS, CONTINGENCY, $3,670,500.00 $3,670,500.00 AND INCIDENTALS 2. DEVELOPER'S CONTRIBUTION TO TOTAL COST OF IMPROVEMENTS, GONTINGENCY, AND INCIDENTALS A. IMPROVEMENTS ($767,677.00) ($767,677.00) B. CONTINGENCY included above included above C. INCIDENTALS ($159,217.00) ($159217.00) D. TOTAL DEVELOPER'S CONTRIBUTION TO TOTAL COST OF ($926,894.00} ($926,894.00) IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS 3. COST OF IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS AFTER DEVELOPER'S CONTRIBUTION A. IMPROVEMENTS $2,272,323.00 $2,272,323.00 B. CONTINGENCY included above included above C.INCIDENTALS $471,283.00 $471,283.00 D. TOTAL COST OF IMPROVEMENTS, CONTINGENCY, AND $2,743,606.00 $2,743,606.00 INCIDENTALS AFTER DEVELOPER'S CONTRIBUTION E. ALLOCATION OF TOTAL COST OF IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS TO EACH DEVELOPMENT AREA 1. SOLERA AREA (TRACT NO. 6149) $2,324,711.34 $2,324,711.34 2. RIO VISTA AREA (TRACT NO. 5997 AND TRACT NO. 5998) $418,894.66 $418,894.66 4.ESTIMATED ASSESSMENT DISTRICT PROCEEDING COST AND EXPENSE A. ASSESSMENT ENGINEER $54,000.00 $54,000.00 B. BOND COUNSEL $50,000.00 $50,000.00 C. APPRAISAL $20,OOD.00 $20,000.00 D. BOND ISSUANCE EXPENSES i. Bond and Other Printing $15,400.00 $15,000.00 z. Bond Administration and Registration $S,OOD.00 $5,000.00 3. Legal Publications, Notices, Recording, and Mailing $3,000.00 $3,000.00 a. Auditor's Record $5,000.00 $5,000.00 s. CDAC, MSRB, PSA Fees $0.00 $0.00 6. Disclosure Counsel $39,000.00 $39,000.00 z Continuing Disclosure Compliance (First Two Years After Issue) $15,000.00 $15,000.00 a. TOTAL BOND ISSUANCE EXPENSE $82,000.00 $82,000.00 E. ENVIRONMENTAL APPROVAL PROCESSING $D.00 $0.00 - F. CITY ASSESSMENT PROCEEDING COST AND PROJECT CONSTRUCTION AND ACQUISITION ADMINISTRATION i. Giiy Assessmeni Proceeding Cost $14,384.00 $14,384.00 2. Project Construction and Acquisition Administration $30,400.00 $30,400.00 (i % of Improvement Cost and Contingency; Items 1.A and 1.6} s. TOTAL CITY ASSESSMENT PROCEEDING COST AND $44,784.00 $44,784.00 PROJECT CONSTRUCTION/ACQUISITION ADMINISTRATION G TOTAL ESTIMATED ASSESSMENT DISTRICT $250,784.00 $250,784.00 PROCEEDING COST AND EXPENSE H. ALLOCATION OF TOTAL ESTIMATED ASSESSMENT DISTRICT PROCEEDING COST AND EXPENSE TO EACH DEVELOPMENT AREA - 1. SOLERA AREA (TRACT NO. 6149} $212,494.22 $212,494.22 Z. RIO VISTA AREA (TRACT NO. 5997 AND TRACT NO. 5998) $38,289.78 $38,289.78 2966061 8-1-1 05/03/2005 EXHIBIT B TABLE B-I ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-3 COUNTY OF KERN. STATE OF CALIFORNIA ENGINEER'S ESTIMATE OF TOTAL COST AND ASSESSMENT ACTIVITY DESCRIPTION 5. SUBTOTAL COST TO ASSESSMENT A. SOLERA AREA (TRACT N0.6149) B. RIO VISTA AREA {TRACT NO. 5997 AND TRACT NO. 5998) C. SUBTOTAL COST TO ASSESSMENT 6. DEDUCT CASH COLLECTIONS TO REDUCE ASSESSMENT A. SOLERA AREA {TRACT N0.6149) B. RIO VISTA AREA (TRACT N0.5997AND TRACT NO. 5998) C. TOTAL CASH COLLECTIONS TO REDUCE ASSESSMENT ].TOTAL COST ASSESSED TO 1915~P.CT BOND ISSUANCE AFTER CASH COLLECTIONS A. SOLERA AREA (TRACT NO. 6149) B. RIO VISTA AREA (TRACT N0. 5997 AND TRACT NO. 5998) C. TOTAL COST ASSESSED TO 1915 ACT BOND tSSUANCE AFTER GASH COLLECTIONS 8.1915 ACT BOND ISSUANCE COST AND RESERVE A. UNDERWRITER'S DISCOUNT 8. CAPITALIZED INTEREST C. BOND RESERVE FUND D. TOTAL 1915 ACT BOND ISSUANCE COST AND RESERVE E. ALLOCATION OF TOTAL 1915 ACT BOND ISSUANCE COST AND RESERVE TO EACH DEVELOPMENT AREA 1. SOLERA AREA (TRACT NO. 6149) 2. RIO VISTA AREA (TRACT NO. 5997 AND TRACT NO. 5998} 9.TOTAL AMOUNT ASSESSED (Add Lines 7.C. and 8.D.j ALLOCATION OF TOTAL AMOUNT ASSESSED TO EACH DEVELOPMENT AREA 1. SOLERA AREA (TRACT NO. 6149) 2. RIO VISTA AREA {TRACT NO. 5997 AND TRACT NO. 5998) ASSESSMENT $2,537,205.56 $2,537,205.56 $457,184.44 $457,184.44 $2,994,390.00 $2,994,390.00 $a.ao $o.oo $0.00 $0.00 $0.00 $0.00 $2,537,205.56 $2,537,205.56 $457,184.44 $457,184.44 i $2,994,390.00 $2,994,390.00 $37,730.00 $37,730.00 $54,880.00 $54,880.00 $343,000.00 $343,000.00 $435,610.00 $435,610.00 $369,100.91 $369,100.91 $66,509.09 $66,509.09 $3,430,000.00 $3,430,000.00 $2,906,306.47 $2,906,306.47 $523,693.53 $523,693.53 2966081 B-I-2 05!03/2005 EXHIBIT B TABLE B-II ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0.04-3 COUNTY OF KERN, STATE OF CALIFORNIA ENGINEER'S ITEMIZED ESTIMATE OF IMPROVEMENT ACQUISITION COST UNIT DESCRIPTION QUANTITY UNITS COST TOTAL A. CAL-WATER SPECIAL FACILITIES PIPING IMPROVEMENTS a. PIPING 36" DIP 2530 LF 292.00 $736,760.00 24" DIP 5660 LF 188.00 $1,067,840.00 18" DIP 2010 LF 115.60 $232,356.00 24" Bore 115 LF 965.60 $111,044.00 TOTAL PIPING IMPROVEMENTS $2,150,000.00 b. CONSTRUCTION CONTINGENCY {PIPING) Included above c. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY $2,150,000.00 d. INCIDENTAL COST {PIPING} Cal-Water Overhead, Compaction, Permits $266,000.00 TOTAL PIPING INCIDENTAL COST $266,000.00 e. TOTAL PIPING IMPROVEMENTS, $2,416,000.00 CONTINGENCY, AND INCIDENTALS B. CAL-WATER SPECIAL FACILITIES BOOSTER STATION IMPROVEMENTS a. BOOSTER STATION Construction of Booster Station 1 Electrical 1 LS 825000.00 $825,000.00 LS 65000.00 $65,000.00 TOTAL BOOSTER STATION IMPROVEMENTS $890,000.00 b. CONSTRUCTION CONTINGENCY {BOOSTER STATION} Included above c. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY $890,000.00 d. INCIDENTAL COST {BOOSTER STATION) Design & Engineering {Kennedy/Jenks) $150,000.00 Design & Engineering {Cal-Water, boosters) $30,000.00 Desi n & Engineering Contingency $184,500.00 TOTAL BOOSTER STATION INCIDENTAL COST $364,500.00 e. TOTAL BOOSTER STATION IMPROVEMENTS, $1,254,500.00 CONTINGENCY, AND INCIDENTALS C. TOTAL CAL-WATER SPECIAL FACILITIES IMPROVEMENT COST a. IMPROVEMENTS $3,040,000.00 b. CONTINGENCY included above c. INCIDENTALS $630,500.00 d. TOTAL CAL-WATER SPECIAL FACILITIES IMPROVEMENT COST $3,670,500.00 Nofe: At! improvement contingency and incidental cost estimates shown in this table are based on the information provided by California Water Service Company ("Cat-Water'?, the District Proponent for Assessment District No. 04-3, and its Subdivision Engineer. 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Also on January 26, the City Council approved Agreement No. OS-017 with Edward J. Wilson, a Registered Civil Engineer, appointing him as the Assessment Engineer for AD 04-3. The Assessment Engineer has been retained by the City to prepare an Engineer's Report on the proposed assessment that will include, in part, an analysis ofthe facts in AD 04-3 and the development of a method of apportioning the total amount of the costs and expenses of the proposed improvement acquisitions to the parcels and lots located within AD 04-3. The assessments are apportioned pursuant to the provisions of Municipal Code Section 13.08.070 and according to the Reallocation Method proposed by the District Proponent and approved by the City Director ofPublic Works, as described in this Engineer's Report Exhibit D, Description of Assessment Spread Method. AD 04-3 has been formed pursuant to a petition signed by the District Proponent as the owner of more than 60% of the AD 04-3 property proposed to be assessed, requesting the City Council to waive further proceedings under Division 4 of the Streets and Highways Code and to undertake proceedings pursuant to the 1913 Act and to the provisions of Municipal Code Section 13.08.070. The petition is on file with the City Clerk and was accepted on 7anuary 26, 2005, when the City Council adopted its Resolution No. 028-05, "Resolution Accepting Petition and Determining to Undertake Special Assessment Proceedings." ASSESSMENT DISTRICT PURPOSE AD 04-3 has been formed for the purpose of financing the estimated total cost of certain private utility improvements benefiting two AD 04-3 community areas, which are described in Section I of the AD 04-3 Engineer's Report. A detailed description of the proposed Improvement Acquisitions is presented in Engineer's Report Section II. The AD 04-3 proceedings will confirm an assessment pursuant to the 1913 Act and to the Municipal Code that will finance the net amount ofthe estimated total cost of the improvements to be acquired after deducting the District Proponent's contribution described in Engineer's Report Section II. The City proposes to issue bonds under the 1915 Act, secured by the unpaid assessments, to pay the cost to acquire the improvements and pay all incidental costs and expenses related thereto and authorized for funding by the 1913 Act. 29660PerExhibitD.wpd D-1 S/11!05 AUTHORIZATION FOR ASSESSMENT REALLOCATIONS As stated above, the petition filed by the District Proponent requests that the AD 04-3 assessment be spread to the assessed properties in the manner set forth in Municipal Code Section 13.08.070-Benefzt Spread The City Council has approved that request by the adoption of its referenced Resolution No. 028-05, and in accordance with that Resolution the AD 04-3 assessment will be spread pursuant to the 1913 Act and to the Municipal Code. Under the 1913 Act, parcel assessment shazes are allocated among the benefited parcels of land in the assessment district in proportion to the estimated benefit each parcel can be expected to receive from the work and improvements covered by the assessment. Municipal Code Section 13.08.070 authorizes the "reallocation" to alternate properties of assessments initially allocated to parcels in proportion to their estimated benefit (i.e., initial allocation made in accordance with the 1913 Act benefit/cost requirement and that benefit/cost share is reallocated to the other parcels that may or may not be directly benefited by the improvements funded in the assessment). The AD 04-3 individual parcel assessment amounts shown on Engineer's Report Exhibit A, Assessment Roll, have been calculated ("spread") among the assessed parcels pursuant to Municipal Code Section 13.08.070. The Alternate Method used by the Assessment Engineer to reallocate the benefit based assessment shares initially allocated by the Assessment Engineer to each AD 04-3 assessed parcel has been provided to the Engineer of Work by the District Proponent and is hereafter referred to as the "Reallocation Method." In light of the fact that the AD 04-3 parcel assessments have been spread using the Reallocation Method proposed by the District Proponent, it is the intent of the AD 04-3 Assessment Engineer in preparing this Engineer's Report Exhibit D to present information and data on the Reallocation Method and on the Benefit/Cost Based Method for allocation of assessments. The objective of this effort is to present a comparative analysis of the Benefit/Cost Based Method to the Reallocation Method of assessment spread that will provide sufficient background information for the City Council to reference in making a determination on whether the proposed Assessment Reallocation Method is in conformance with Municipal Code Section 13.08.070, and for them to further determine whether the Assessment Reallocation Method will be implemented as the confirmed "Assessment Spread Method" for AD 04-3. Accordingly, descriptions and assessment spread calculations are presented in the following sections of this Exhibit D of the Reallocation Method of assessment spread proposed by the District Proponent and of the BenefittCost Assessment Spread Method developed by the Assessment Engineer. Those descriptions and assessment calculation results are followed by a comparison of the parcel assessments calculated using each method. A statement of findings as to whether the proposed Reallocation Method is in conformance with the criteria set forth in Municipal Code Section 13.08.070 is then presented at the end of Exhibit D to complete the evaluation of that allocation procedure. The text of Municipal Code Section 13.08.070 is presented below for reference to facilitate the description of the proposed Reallocation Method. 29660PerExhibitD.wpd D-2 ill]/OS Municipal Code Section 13. ©8.070-Beneftt Spread A. In special assessment proceedings conducted by the City of Bakersfield pursuant to the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code), as amended from time to time (the "1913 Act"), and notwithstanding any provision of the 1913 Act to the contrary, the City may determine and implement an alternate method and rate of assessment reallocating assessments to alternate properties. B. Such reallocation may occur even though doing so will result in no assessment being levied upon property which is, in fact, benefited by improvements. for which the assessments are levied and which is determined differently from a direct cost benefit ratio. C. Such alternate methods and rates of assessment may only be determined and implemented by the City when so requested by the owner of all property to be assessed, and upon written and recorded consent of the owner of the property to which assessments aze reallocated. D. Additionally, such alternate methods and rates of assessment may only be determined and implemented by the City to pay for improvements that bear a rational nexus to the property to be assessed. DESCRH'TION OF ASSESSMENT REALLOCATION METHOD In accordance with Subsection C ofMunicipal Code Section 13.08.070 ("Section 13.08.070 (C)"), the District Proponent has submitted a proposed "AD 04-3 Alternate Method and Rate of Assessment" (the "AD 04-3 Reallocation Method") to the Engineer of Work. Also in accordance with Section 13.08.070 (C), the District Proponent has submitted a written request to the Engineer of Work asking that the proposed AD 04-3 Reallocation Method be implemented for AD 04-3 and further stating that it is the owner of all of the property proposed to be reallocated a shaze of the AD 04-3 assessment and that it consents to the reallocation. The Engineer of Wark has accepted the proposed method and directed the Assessment Engineer to use the AD 04-3 Reallocation Method for calculating the AD 04-3 parcel assessments. The AD 04-3 Reallocation Method is generally described as: The total AD 04-3 Improvement Acquisitions cost is first spread among the developed and undeveloped subdivisions within the two (Z) community azeas (Solera and Rio Vista) in direct proportion to the total number of 1-inch diameter and I-inch diameter equivalent (2- inch service = 3.2 times 1-inch service) water services to be installed for the development of each subdivision (Tract No. 6149 in the Solera Area; Tract No. 5997 and Tract No. 5998 in the Rio Vista Area), and then to each planned or existing single-family residential (R-1} lot within those developed and undeveloped subdivisions as an equal per R-1 lot cost shaze. 29660PerExhibitn.wpa D-3 5/11105 1. Solera Area There are no exceptions in the Solera Area to the equal cost share per existing or planned R-1 lot AD 04-3 Reallocation Method. All Solera Area improvement acquisition costs are apportioned to Assessment Nos. 1 through 202, as described below. As stated in Engineer's Report Section I, the Solera Area has been approved for subdivision into a combined total of 558 R-I lots, 1 private recreation center lot, 1 public park lot, 5 private park lots, and 2 storm drain sump lots pursuant to Vesting Tentative Tract No. 6149 ("Ten. TR 6149"}. The following subdivision (tract) maps have been recorded with the Kern County Recorder: (i) Tract No. 6149-Phase 1 ("TR 6149-1 ") with 17 R-1 lots, 1 public park lot, and 2 storm drain sump lots, (ii) Tract No. 6149-Phase 2 ("TR 6149-2")with 61 R- I lots and 1 private pazk lot, and (iii) Tract No. b149-Phase 3 ("TR 6149-3"} with 110 R 1 lots and 1 private recreation center lot. The District Proponent has informed the City Director ofPublic Works that other phases of Tract Na. 6149 ("TR 6149") are not planned for recording with the Kern County Recorder prior to confirmation of the AD 04-3 assessment. Each existing or planned R-1 lot is apportioned an equal share of the total cost assessed to the Solera Area in the amounts shown on Engineer's Report Exhibit A, Assessment Roll. The District Proponent has classified all phases of TR 6149 as a single Product Type Area. Table C-II in Engineer's Report Exhibit C shows the total amount assessed to this area in the "Total Assessment" column, followed by the per acre and per residential lot assessment amounts. Table C-I in Exhibit C shows the assessment calculation details for the total amounts allocated to Assessment Nos. l through 202, as calculated using the AD 04-3 Reallocation Method. The landscape lots, public park lot, private park lots, private recreation center lot, private street lots, storm drain sump lots, and drainage way lots are classified by the AD 04-3 Reallocation Method as non-benefited land uses and, accordingly, are not allocated a share of the total assessment. 2. Rio Vista Area There are no exceptions in the Rio Vista Area to the equal cost share per existing or planned R-1 lot AD 04-3 Reallocation Method within each of the two below-described tracts in the Rio Vista Area. All Rio Vista Area improvement acquisition costs are apportioned to Assessment Nos. 203 through 253, as described below. As stated in Engineer's Report Section I, the Rio Vista Area has been approved for subdivision into a combined total of 94 R-1 lots as follows: {i) 50 R-1 lots pursuant to Vesting Tentative Tract No. 5997 ("Ten. TR 5997"), and. (ii) 44 R-1 lots pursuant to Vesting Tentative Tract No. 5998 ("Ten. TR 5998"). Tract No. 5998 ("TR 5498") with 44 R-1 lots has been recorded with the Kern County Recorder. The District Proponent has informed the City Director of Public Works that Tract No. 5997 ("TR 5997") is not planned for recording with the Kern County Recorder prior to confirmation of the AD 04-3 assessment. Each existing or planned R-1 lot is apportioned an equal shaze of the total cost assessed to each of the two tracts (TR 5997 and TR 5998} in the Rio Vista Area in the amounts shown 29660PerExhibitD.wpA D-4 3/11105 on Engineer's Report Exhibit A, Assessment Roll. The District Proponent has classified each of the two tracts {TR 5997 and TR 5998) as a single Product Tyge Area. Table C-II in Engineer's Report Exhibit C shows the total amount assessed to this azea in the "Total Assessment" column, followed by the per acre and per residential lot assessment amounts. Table C-I in Exhibit C shows the assessment calculation details for the total amounts allocated to Assessment Nos. 203 through 253, as calculated using the AD 04-3 Reallocation Method. CALCULATION OF REALLOCATED ASSESSMENTS Engineer's Report Exhibit C includes a table labeled C-II. That table presents the results of the parcel reallocated assessment calculations for each tract in each of the two AD 04-3 community areas, as described above. The Table C-II Reallocated Assessment spread data has been calculated in accordance with the AD 04-3 Reallocation Method Description presented in the preceding section of this Exhibit D. The subdivision acreages and the number of existing or planned EDU's or R-1 lots for the two community areas were obtained by reference to. the recorded subdivision maps and to the approved subdivision tentative maps, and by reference to the AD 04-3 Assessment District studies and data prepared by McIntosh & Associates and SmithTech-USA, Inc., the civil engineering consultants hired by the District Proponent to prepare subdivision maps for the two community areas. Civil engineering consultants McIntosh & Associates and SmithTech-USA, Inc., are hereafter referred to as the "AD 04-3 Design Engineers." That subdivision acreage and lot data has been used to calculate the reallocated assessment shazcs for the existing and proposed subdivisions within the two AD 04-3 community areas. Table C-II shows the cost share reallocations for the portion of the improvement system estimated total acquisition cost that is spread to each existing and planned subdivision within each community area. Table C-II also shows the AD 04-3 Assessment Proceeding and Bond Issuance Cost share reallocations under the "Assessment ProceedinglIssuance Cost" column, the total amount proposed to be assessed under the "Total Assessment" column, and on its page C-II-3, under the "Total Special Facilities Cal-Water Improvements" column, the portion of the improvement system estimated total acquisition cost to be paid by the District Proponent pursuant to the City/Cal-Water/District Proponent agreements described in this Engineer's Report Section I is shown in the "Total Cal-Water Special Facilities Cost Share for Non AD 04-3 Properties for Which the "Oversizing" Shaze of the Total Cost is Not Funded in AD 04-3 (Funded as Developer's Contribution)" row. Following the "Total Assessment" column are three columns: one column listing Product Type Area names and two columns listing the amount assessed per assessable acre and the amount assessed per residential lot. The net (assessable) acreages shown under the "Net Land Area" column are calculated as the total subdivision phase(s) tract area(s) in acres, less the sum of the acres for all storm drain sump lots, drainage way lots, private park lots, public park lot, and off-site street right-of--way, as provided to the Assessment Engineer by the Design Engineers. Table C-I in Engineer's Report Exhibit C consolidates all of the assessment reallocation data presented in Table C-iI and provides the assessment data by existing Kern County Assessor's Tax Number ("ATN"} andlor by parcel description for every existing and proposed subdivision lot in AD 29660PerExhi6itD.wpd D-5 5!11105 -04-3. The improvement acquisition cost reallocations details (i.e. improvements, improvement contingency, and improvement incidentals} are shown in three columns on Table C-I, because they are summarized in a single column in Table C-II. Table C-I also itemizes the assessment proceeding and bond issuance cost reallocation amounts in separate columns, while those costs aze shown as a total amount in the "Assessment Proceeding/Issuance Cost" column on the C-II table. Since the per acre and per residential lot assessment data is shown on the C-II table for each land use azea or ATN and for each existing and proposed subdivision, that data is not repeated on Table C-I. The . "Confirmed Assessment Amount" shown on Exhibit A, Assessment Roll is the amount proposed to be assessed to each lot and parcel in AD 04-3 and is also the amount shown under the column entitled "Total Assessment" in Table C-I. DESCRIPTION OF BENEFIT/COST BASED ASSESSMENT ALLOCATION METHOD Municipal Cade Section 13.08.070 sets forth several criteria under which the City may "determine and implement" an alternative method of assessment. This section of Exhibit D will present information and data for. reference by the City Council. in their deliberations to make a final determination on whether the proposed AD 04-3 Assessment Reallocation Method is in conformance with Municipal Code Section 13.08.070 and as to whether the proposed AD 04-3 Reallocation Method will be implemented as the confirmed "Assessment Spread Method" far AD 04-3. The intended objective in developing the AD 04-3 BenefitlCost Based Assessment Allocation Method (the "AD 04-3 Allocation Method") is to define a cost allocation method that apportions the AD 04-3 costs to each parcel in conformance with the requirements of the 1913 Act, which requires that the financed cost in a special assessment proceeding be allocated among the benefited parcels of land in proportion to the estimated benefit each parcel can be expected to receive from the financed work and improvements. It is further intended that the AD 04-3 Allocation Method be in general conformance with the benefitlcost methods used to spread costs in existing City assessment districts for which a Notice of Assessment was recorded prior to the April 1495 Council adoption of Ordinance No. 3643 adding Section 13.08.070 to the Municipal Code. In accordance with these intended objectives, the AD 04-3 Allocation Method is based on the fallowing: ~ The Categories of Benefit each improvement system provides to the assessment district properties; ~ The Method of Apportioning the improvement system work items and cost to the various benefit categories; o The Criteria for Determining which parcels are benefited by the improvements assigned to each benefit category; and ~ The Method of Allocating the apportioned improvement system costs for each benefit category to the parcels benefited by that category of improvements, in proportion to the estimated level of benefit the parcels will receive from those improvements. 29660PerExhi6itD.wpd D-6 5!11!05 I. The Categories of Beneft that provide the foundation for the AD 04-3 Allocation Method are as follows: A. Development EntitlementlArterial Class Improvement Benefit Category: This is the primary category of improvement benefit supporting the AD 04-3 Allocation Method developed for each of the two AD 04-3 community azeas. As stated in Engineer's Report Section I; the AD 04-3 improvements are improvements that are either already required to be constructed, or are expected by the District Proponent to be required to be constructed, as conditions of development entitlement approval for the properties in AD 04-3. Therefore, planning approval records have been researched to determine the scope of improvements that must be, or are expected to be required to be constructed as a condition of entitlement, approval for the AD 04-3 properties. The Development Entitlement Benefit Category includes those improvement systems, or their component parts, that aze required to be installed as a condition of development entitlement approval and which will provide a regional benefit to AD 04-3 parcels and to a much larger community area not included in AD 04-3. Arterial streets, transmission grid water mains, and certain sanitary sewer and storm drain pipelines are examples of improvements that may be assigned to this benefit category. However, only transmission grid water mains and appurtenances, including a booster pump station, are included in the scope of the AD 04-3 Improvement Acquisitions. B. Direct BeneftlFronting Improvement Benefit Category: All ofthe improvements that provide a localized level of benefit are included in this benefit category. The general scope of improvements usually assigned to this benefit category includes the outside traffic and parking lane portions of arterial and major collector streets, all sidewalk, certain water, sanitary sewer, and storm drain pipelines. However, there are no such Direct BenefrtlFronting Improvements in AD 04-3. C. Nan-benefted and Non-Assessed Parcels: All of the following described parcels in AD 04-3 are defined for the purpose of this AD 04-3 Allocation Method as not being benefited by the AD 04-3 improvements and, accordingly, they are not apportioned a share of the AD 04-3 assessment by the AD 04-3 Allocation Method or by the AD 04-3 Reallocation Method: 1. All City-owned property; all landscape lots in existing and future subdivisions; street right-of--way; public and private parks; private recreation center lots; and 2. All existing and designated storm drain sump sites and drainage way lots. 29660PerExhibitD.wpd D-7 5111!05 II. The Method or Criteria Devised for Apportioning the improvement system work items and cast to the two primary improvement benefit categories aze described below. A. Assignment of improvement system work items and cost to benefit categories: 1. Development Entitlement/Arterial Class Improvements a. Arterial and Major Collector Street Improvements: For the purpose of the AD 04-3 Allocation Method, this improvement category would include center traffic lanes for the above-listed categories of streets providing a regional benefit to AD 04-3 parcels and to community areas not included in AD 04-3. However, there are no such "Arterial and Major Collector Street Improvements" in AD 04-3. b. Transmission Grid Water Mains: For the purpose of the AD 04-3 Allocation Method, this improvement category would include water mains that aze classified as "Grid Mains" needed to serve both AD 04-3 parcels and areas. outside the boundaries of AD 04-3. According to Cal-Water and the Design Engineers, all irprovements funded by the AD 04-3 proceedings (the booster pump station with appurtenances and ald water mains with appurtenanees) are classified as such "Transmission Grid Water Mains" improvements. a Sanitary Sewer Main Collector Pipelines: For the purpose of the AD 04-3 Allocation Method, this improvement category would include sewer pipelines needed to be installed as conditions of development entitlement approval that have been designed to serve an area outside the boundaries of AD 04-3. However, there are no such "Sanitary Sewer Main Collector .Pipelines" improvements in AD 04-3. d. Storm Water Drainage Main Collector Pipelines: Forthe purpose ofthe AD 04-3 Allocation Method, this improvement category would include storm water drainage pipelines and appurtenances being installed as conditions of development entitlement approval that have been designed to serve an area outside the boundaries of AD 04-3. However, there are no such "Storm Water Drainage Main Collector Pipelines" improvements in AD 04-3. 2. Direct BenefitlFronting Improvements: a. Streets/Landscaping/Street Lights/Traffic Signals: For the purpose of the AD 04-3 Allocation Method, this improvement category would include outside traffic lanes, bicycle lanes and parking lanes, curb and gutter, deceleration lanes and busboy portion of all streets, including arterial and major collector level streets, providing direct and localized benefit to the fronting property areas. However, there are no such "StreetslLandscaping/Street LightslTraffic Signals" improvements in AD 04-3, 29660PerExhibitD.wpd D-g 5!11!05 b. Local Service Pipeline: For the purpose of the AD 04-3 Allocation Method, this improvement category would include 8- and 12-inch diameter water lines, 8-and 10-inch diameter sewer mains, and 36-, 30-, 24-, and 18-inch diameter storm drain pipelines, benefiting fronting property areas that will be served by these pipelines. Short sections of pipeline stub-outs into future subdivision development areas would also be allocated as direct benefit improvements. However, there are no such "Local Service Pipeline" improvements in AD 04-3. B. Apportionment of improvement system cost shares to the benefit categories: 1. Apportionment of Street Costs: As stated above, there are no Street improvements in AD 04-3. 2. Apportionment of Water Mains: a. Water Mains in AD 04-3 have all been classified as "Transmission Grid Water Mains" improvements, and these work items and costs are allocated accordingly. Those pipeline costs are spread to their benefited service area properties as described in the following Paragraphs III and IV. b. As stated above, there are no "Fronting Benefit" and Local Service Water Mains improvements in AD 04-3. 3. Apportionment of Sanitary Sewer Mains: As stated above, there are no Sanitary Sewer Mains improvements in AD 04-3. 4. Apportionment of Storrn Drain Pipelines: As stated above, there are no Storm Drain Pipelines improvements in AD 04-3. III. The Criteria for Determining which parcels are benefited by the improvements allocated to each benefit category are as follows: A. Improvements: The AD 04-3 funded improvements are generally shown on the map provided by Cal- Water and attached as Exhibit E to this Engineer's Report. A detailed cost estimate for the AD 04-3 Improvement Acquisitions, based on the data obtained from Cal-Water as well, is presented in Table B-II of Exhibit B to this Engineer's Report. As already stated in Engineer's Report Section II, the AD 04-3 Impr©vement Acquisitions for both the Sodera Area and the Rio Vista Area include the construction and installation as sepazate systems o£ (i} approximately 2,530 feet of 36-inch diameter water line with appurtenances in Paladino Drive from the waterline stub at Valley Lane easterly to a new 29660PerExhibilD.wpd D-9 SA 1105 boosterpump station lacated approximately 500 feet east ofthe intersection ofMasterson Street and Paladino Drive, on the north side of Paladino Drive, (ii) approximately 5,680 feet of 24-inch diameter water line with appurtenances in Paladino Drive (from the booster pump station westerly approximately 500 feet to Masterson Street) and in Masterson Street (fromPaladino Drive southerly approximately 5,180 feet to State Route 178}, (iii) approximately 2,010 feet of 18-inch diameter water line with appurtenances in State Route 178 from Masterson Street northeasterly to Vista Finestra, and (iv) a booster pump station located approximately 500 feet east of the intersection of Paladino Drive and Masterson Street (on the north side of Paladino Drive}. Also included in the scope of the Improvement Acquisitions are incidental costs for design and engineering, Cal-Water contract administration ,construction monitoring and overhead; compaction testing, and permits. As stated above, the entire scope of work for the AD 04-3 Impravement Acquisitions is classified as "Development EntitlementlArterial Class Improvement Benefit Category" improvements required far the development of the Salera Area and the Rio Vista Area. Accordingly, their cost is allocated to the Solera Area parcels (Assessment Nos. I through 202} and the Rio Vista Area parcels (Assessment Nos. 203 through 253} as Development Entitlement Improvements. B. Benefited Properties: Cal-Water has confirmed that the AD 04-3 Impravement Acquisitions are designed to provide a total of 1188 (one thousand one hundred eighty-eight) 1-inch diameter water services. Cal-Water criteria also shows that a 2-inch diameter water service is equivalent to 3.2 of the 1-inch diameter water services. Each existing and proposed R-1 lot in AD 04-3 will be served by a I -inch diameter water service, and landscape, private park, public park, and private recreation lots will be served by a number of 1-inch diameter and 2-inch diameter water services, as determined by the District Proponent's landscape design engineers. Based on the number of R-1 lots and non-residential lots receiving water services, the total number of 1-inch diameter and 1-inch diameter equivalent water services in each AD 04-3 subdivision map is as follows: (i) 603.80 for TR 6149 (558 R-1 lots plus 14 (fourteen) 2-inch diameter services and 1 (one} 1-inch diameter service for non-residential lots}, (ii) 54.20 for TR 5997 (50 R-1 lots plus 1 (ane) 2-inch diameter service and 1 {one} 1-inch diameter service for non-residential lots), and (iii) 54.60 for TR 5998 {44 R-1 lots plus 3 (three) 2-inch diameter services and 1 (one} 1-inch diameter service for non-residential lots). The total number of 1-inch diameter and 1-inch diameter equivalent water services needed to serve all properties in AD 04-3 is 712.60, leaving a balance of 475.40 services (I-inch diameter or 1-inch diameter equivalent) available for properties located outside the AD 04-3 boundaries (1188.00 - 712.60 = 475.40). The total cost share for the 475.40 services {475.4011188.00) will provide a Development Entitlement Benefit to the Non AD 04-3 properties (the "Oversizing Share"), and the 712.601] 188.00 cost share will provide a Development Entitlement Benefit to the AD 04-3 properties (the "AD 04-3 Beneficial Shaze"). 29660PerExhibitn.wpd D-1 d 5/11/6S IV The Method of Allocating the apportioned system costs for each benefit category to the benefited parcels within each of the two AD 04-3 community areas, in proportion to the estimated level of benefit the parcels in each area will receive from the various improvements included in each benefit category, is described below: A. For the purpose of the AD 04-3 Allocation Method, the entire TR 6149, the entire TR 5997, and the entire TR 5998 are treated as each being a single "development area" directly benefiting from the AD 04-3 improvements. Therefore, the TR 6149 area is allocated 603.80!712.60 share of the total AD 04-3 $eneficial Shaze, the TR 5997 area is allocated 54.20/712.60 share of the total AD 04-3 Beneficial Share, and the TR 5998 area is allocated 54.60/712.60 share of the total AD 04-3 Beneficial Shaze. The AD 04-3 Beneficial Share allocated to each ofthe three subdivisions (TR 6149, TR 5997, and TR 5998) is spread to the individual residential lots in each subdivision as an equal shaze per existing or planned residdntial lot within each subdivision. B. For the purpose of the AD 04-3 Allocation Method, the Oversizing Shaze is divided into two parts described as the "Developer's Contribution" and the "AD 04-3 Funded Oversizing." The Developer's Contribution is the portion of the improvement system total acquisition cost to be paid by the District Proponent pursuant to the City/Cal- Water/District Proponent agreements described in Engineer's Report Section I. The Developer's Contribution will pay the cost for 300.00 out ofthe 475.40 total Oversizing Share services {1-inch diameter or 1-inch diameter equivalent). The AD 04-3 Funded Oversizing represents the cost attributed to 175.40 out of the 475.40 total Oversizing Share services not allocated to the Deve]oper's Contribution (475.40 Oversizing Share total services - 300.00 Developer's Contribution services = 175.40 AD 04-3 Funded Oversizing services). The 175.40/1188.00 share of the improvement system total acquisition cost allocated to the AD 04-3 Funded Oversizing is included in the improvement system total acquisition cost that will be financed by the AD 04-3 assessment. C. Solera Area Assessment Allocation Method Details The first two pages of Table C-III in Exhibit C, "Details of Solera Area (Tract No. 6149) and Rio Vista Area (Tract No. 5997 and Tract No. 5998) Estimated Benefit Assessment Allocations for Proposed Development," show how the Solera Area share (603.801712.60) ofthe AD 04-3 Beneficial Share (112.6011180.00 ximprovement system total acquisition cost) has been spread in accordance with the AD 04-3 Allocation Method. D. Rio Vista Area Assessment Allocation Method Details The third page ofTable C-III in Exhibit C, "Details of Solera Area (Tract No. 6149} and Rio Vista Area (Tract No. 5997 and Tract No. 5498} Estimated Benefit Assessment Allocations for Proposed Development," shows how the Rio Vista Area share (54.201712.60 for TR 5997 and 54.60!712.60 for TR 5998} of the AD 04-3 Beneficial 29660PerExhibiiD.wpd D-11 5111/05 Share {712.60t1180.00 ximprovement system total acquisition cost) has been spread in accordance with the AD 04-3 Allocation Method. E. Non AD 04-3 Benefited Properties Assessment Allocation Method Details The third page of Table C-III also shows the Benefited/Non-Assessed (Non AD 04-3) share allocated to benefited properties outside of AD 04-3. The Non AD 04-3 beneficial share is allocated in two components, as described above: (i) the Developer's Contribution portion of the Oversizing Share in the "TotalstAverages for Cal-Water Special Facilities Cost Share for Non AD 04-3 Properties for Which the "Oversizing" Share of the Total Cost is Not Funded in AD 04-3 {Funded as Developer's Contribution)" row, and (ii) the AD 04-3 Funded Oversizing portion of the. Oversizing Share in the "TotalsfAverages for Non AD 04-3 Properties for Which the "Oversizing" Share of the Total Cost is Funded in AD 04-3" row. COMPARISON OF REALLOCATION METHOD AND BENEFIT/COST BASED ASSESSMENT ALLOCATION METHOD; ASSESSMENT SPREAD RESULTS Table C-IV in Engineer's Report Exhibit C presents separate comparisons by community area ofthe cost assessed to individual parcels or land use areas when the AD 04-3 cost is spread in accordance with the AD 04-3 Reallocation Method proposed by the District Proponent, to the parcel cost shares assessed when the spread is calculated in accordance with the benefittcost based AD 04-3 Allocation Method developed by the AD 04-3 Assessment Engineer. In each case, the AD 04-3 Reallocation Method results are shown in the "Reallocation Per City Code Section 13.08.070" column and the AD 04-3 Allocation Method results in the "Benefit Allocation" column of Table C-IV. The "Reallocation" amount minus the "Benefit Allocation" amount is shown in the "Reallocation Minus Benefit Allocation" column. This table shows that, as permitted by Municipal Code Section 13.08.070, the AD 04-3 Reallocation Method does not apportion an assessment amount to the Non AD 04-3 pazcels that are shown in the "Benefit Allocation" column to have a beneficial cost share for the AD 04-3 improvements. In accordance with the District Proponent's AD 04-3 Reallocation Method and as shown on Table C-IV, the full costs of the AD 04-3 improvements are assessed by the AD 04-3 Reallocation Method to the respective community areas, including the costs for those portions of the improvements that are required, or are expected to be required, to be installed as a development entitlement approval condition for properties located outside AD 04-3. Further review of Table C-IV will show that the AD 04-3 improvement costs have been assessed separately to properties in each of the two community areas, and in its last two columns adjacent to the right mazgin, it shows, respectively, the per acre and per residential lot differences between the parcel assessments calculated using the AD 04-3 Reallocation Method and the AD 04-3 Allocation Method. The third row from the bottom of the portion of the table on page C-IV-3, entitled "Totals/Averages for Cal-Water Special Facilities Cost Share for Non AD 04-3 Properties for Which the "Oversizing" Share of the Total Cost is Not Funded in AD 04-3 (Funded as Developer's Contribution)," has. "NIA*" entered in the cells pertaining to the Reallocation amounts and to the Benefit Allocation amounts, indicating that the 29660PerExhibi@.wpd D-12 _ 5/I IIOS "Developer's Contribution" is paid outside of the AD 04-3 cost and has not been included in either the "Reallocation" or the "Benefit Allocation" assessment spread calculations. ASSESSMENT ENGINEER'S STATEMENT OF FINDINGS ON THE ASSESSMENT SPREAD METHOD Based on the descriptions and data presented above and further illustrated in the referenced Exhibit C tables on the proposed AD 04-3 Reallocation Method, the following findings on the AD 04-3 Assessment Spread Method are presented: A. The improvement acquisitions proposed to be financed by AD 04-3 are improvements that are either already required to be constructed, or are expected by the District Proponent to be required to be constructed, as conditions of development entitlement approval far the properties in AD 04-3 and, accordingly, th'e AD 04-3 Improvement Acquisitions bear a rational nexus to the properties proposed to be assessed a share of their cost; and B. The District Proponent has submitted a written request to the Engineer of Work that the AD 04-3 Reallocation Method of assessment spread be implemented, and they have further represented that said request was approved by all AD 04-3 property owners at the time it was filed. Therefore, it is the finding of the Assessment Engineer that the proposed AD 04-3 Reallocation Method is in conformance with the requirements of Municipal Code Section 13.08.070. ASSESSMENT PROCEEDING INCIDENTAL AND BOND ISSUANCE COST ALLOCATION The total AD 04-3 assessment proceeding and bond issuance costs are spread in direct proportion to the total improvement cost reallocated to each parcel. ASSESSMENT APPORTIONMENTS TO FUTURE SUBDIVISIONS When a parcel with an AD 04-3 confirmed assessment is subdivided in the future by the recording of a subdivision or parcel map, a certificate of compliance for lot line adjustment, parcel map waiver, or parcel merger, or upon the sale of all or a portion of an assessed parcel to a public agency, the 1915 Act requires that the amount remaining unpaid on the original, bond-funded assessment principal be apportioned to each of the new lots and parcels created by the parcel division. In the case of AD 04-3, the AD 04-3 Reallocation Method has spread the AD 04-3 cost within each community area in direct proportion to the number of existing or proposed R-1 lots within each subdivision or subdivision phase as an equal cost share to each existing or planned R-1 lot. Therefore, as AD 04-3 assessed parcels are subdivided, the remaining principal amount of the original bond funded garcel assessment will be apportioned to the new lots and parcels as follows: 1. Soles Area: This portion of AD 04-3 has been approved for development into a combined total of 558 R-1 lots, 1 private recreation center lot, 1 public park lot, 5 private park lots, and 2 storm 296SOPerExhibiin.wpd D-13 5lI1/OS ' drain sump lots pursuant to Ten. TR 6149. The following subdivision (tract) maps have been recorded with the Kern County Recorder: (i) TR 6149-I with 17 R-1 lots, 1 public park lot, and 2 storm drain sump lots, {ii} TR 6149-2 with 61 R-I lots and 1 private park lot, and (iii) TR 6149-3 with 110 R-1 lots and 1 private recreation center lot. As also previously stated, the District Proponent has informed the City Director of Public Works that other phases of TR 6149 ' are not planned for recording with the Kern County Recorder prior to confirmation of the AD 04-3 assessment. The District Proponent has identified a single Product Type ("Solera"} in the - Solera Area. Therefore, the Solera Area total assessment is apportioned as an equal share per existing or planned R-1 lot within TR 6149. Except for Assessment No. 202 (planned for development into 370 R-1 lots pursuant to Ten. TR 6149), the rest of the residential property in the Solera Area is already configured as final subdivision lots ofrecord. Therefore, there will be no need for future assessment apportionments of those lots of record, unless record lots are merged or reconfigured by some form of future subdivision. However, the original Assessment No. 202 total confirmed assessment amount will be apportioned as an equal per R-1 lot assessment in accordance with the above-described proposed development and ifthe development proceeds as proposed. Accordingly, the first tract phase recorded by the District Proponent to subdivide all or a portion of Assessment No. 202 will be allocated a total assessment share equal to the number of R-1 lots in the recorded phase multiplied by the calculated equal per R-1 lot cost share factor for Assessment No. 202. The remaining balance will be apportioned to the unsubdivided remainder of Assessment No. 202, if any, for apportionments to future subdivision phases in accordance with the process described above. However, if the development plan for Assessment No. 202 is revised, then the plan for segregation of the original assessment will be revised to apportion a cost share to the first subdivision or subdivision phase and its remainder parcel in direct proportion to their total revised number ofR-1 lots. The total assessment share apportioned to the recorded subdivision or subdivision phase would then be reapportioned to its lots as an equal assessment share per R-1 lot. 2. Rio Vista Area: This portion of AD 04-3 has been approved for development into a combined total of 94 R-1 lots as follows: (i) 50 R-1 lots pursuant to Ten. TR 5997, and (ii) 44 R-1 lots pursuant to Ten. TR 5998. TR 5998 with 44 R-1 lots has been recorded with the Kern County Recorder. As also previously stated, the District Proponent has informed the City Director of Public Works that TR 5997 is not planned for recording with the Kern County Recorder prior to confirmation of the AD 04-3 assessment. The District Proponent has identified a single Product Type {"Rio Vista"} in the Rio Vista Area. Therefore, the total assessment for each of the two tracts in the Rio Vista Area (TR 5997 and TR 5998} is apportioned as an equal share per existing or planned R-1 lot within each of those two tracts. Except for Assessment No. 253 (planned for development into 50 R-1 lots pursuant to Ten. TR 5997), the rest of the residential property in the Rio Vista Area is already configured as final subdivision lots ofrecord. Therefore, there will be no need for future assessment apportionments of those lots of record, unless record lots are merged or reconfigured by some form of future subdivision. However, the original Assessment No. 253 total confirmed assessment amount will be apportioned as an equal per R-1 lot assessment in accordance with the above-described 29660PerExhibitn.wpd D-14 5/11105 proposed development and if the development proceeds as proposed. Accordingly, the first tract phase recorded by the District Proponent to subdivide all or a portion ofAssessment No. 253 wi1L be allocated a total assessment share equal to the number of R-1 lots in the recorded phase multiplied by the calculated equal per R-l lot cost share factor far Assessment No. 253. The remaining balance will be apportioned to the unsubdivided remainder of Assessment No. 253, if any, for apportionments to future subdivision phases in accordance with the process described above. However, if the development plan for Assessment No. 253 is revised, then the plan for segregation of the original assessment will be revised to apportion a cost share to the first subdivision or subdivision phase and its remainder parcel in direct proportion to their total revised number of R-1 lots. The total assessment share apportioned to the recorded subdivision or subdivision phase would then be reapportioned to its lots as an equal assessment share per R-I lot. [Remainder of the page intentionally left blank] 29660PerExhibitD.wpd D-15 5!11105 ASSESSMENT METHOD 'S CERTIFICATION OF THE ASSESSMENT SPREAD This Engineer's Report has been prepazed to present the following: 1. An estimate of the total cost of the improvements to be acquired and the incidental costs proposed to be funded pursuant to this assessment proceeding; and 2. An analysis and description of the AD 04-3 Reallocation Method proposed by the District Proponent as the method used to spread the estimated improvement acquisition costs and incidental expenses to the AD 04-3 properties. However, this Engineer's Report makes no recommendation as to the economic feasibility for the assessment of the estimated cost of the proposed improvement acquisition and incidental costs on the AD 04-3 properties, nor on the financial feasibility for the issuance of 1915 Act Bonds to represent any unpaid amount of the AD 04-3 Assessment. The AD 04-3 assessment may exceed the amount for which bonds can be issued pursuant to recommendation of the City's financial advisor, as to the minimum acceptable property-value to assessment lien ratio for bonds issued and secured by the AD 04-3 unpaid assessments. Additional property value in excess of the estimated current value of the assessed property with the improvements completed and installed may need to be confirmed by MAI appraisal, before the City can issue 1915 Act Bonds in the full amount of the AD 04-3 Assessment. In conclusion, it is my opinion that the Estimated Total Cost of the proposed improvement acquisitions, including all incidental costs, has been spread in conformance with th_ e requirements of Municipal Code Section 13.08.070. Submitted to the Engineer of Work on April 15, 2005, for "preliminary" approval by the City Council on April 27, 2005, and submitted on May 13, 2005, in this "Final" Engineer's Report form by: Edward J. 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Suite 190, Valencia, CA 91355 ADJUSTMENT NO. 03-1333 ~~ MAP AND DOCUMENT REFERENCES: 1. TRACT NO. 6749-PHASE 7 RECORDED DECEMBER 29, 2004, IN BOOK 52 OF MAPS, AT PAGES 140 THROUGH 744, KC.R. 2. TRACT NO. 6149-PHASE 2 RECORDED DECEMBER 29, 2004, IN BOOK 52 OF MAPS, AT PAGES 145 THROUGH 747, KC.ft. 3. TRACT NO. 6149-PHASE 3 RECORDED MARCH 8.2005, IN BOOK 52 OF MAPS, AT PAGES 200 THROUGH 202, KC.R. 4. TRACT NO. 5998 REGORGED MARCH 15, 2005, IN BOOK 53 OF MAPS, AT PAGES 14 THROUGH 17. K.C.R. 5. - CERTIFICATE OF COMPl1ANCE FOR LOT LINE ADJUSTMENT NO. 03-1333 RECORDED JUNE 28, 2004, AS DOCUMENT N0.0204747980, O.R. 29660APC 1 04114!2005 Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 MEMORANDUM TO: Gloria Buentostro DATE: Randy Franz Corey Garberolio t Nelson Smith / Connie Walls (1 copy) Nick Gorely , Bruce Graham t Tuan Pham (2 copies) _ Ursula Hyman t Anna Reinhardt (2 copies) Tom Lockard Roger McIntosh /Sean Reed t Judy Kindig (2 copies) Mike McMasters 1 Tim Trolear (1 copy) Emad Mirgoli Bob Smith t Paula Simpson (1 copy) Sain Sperry John Stinson (Marian Shaw (memorandum only) FROM: Ed iison / DelPavic STTBJECT: Final Form Final Engineer's Report City of Bakersfield Assessment District No. 04-3 (Soles (Rio Vista) RE: Our No. 29-660 May12, 2005 Transmitted herewith for your files is a final form Final Engineer's Report for AD 04-3 in the same format that will be filed with the City Clerk's office on May 13, 2005, for the May 25 City Council meeting. Only some minor changes were made to the draft version of the report dated May 4, 2005, on the cover. A hearing wdl be conducted and a resolution confirming the assessment will be considered by the City Council on May 25. Reduced copies of the final form Boundary Map and Assessment Diagram are included as, respectively, Appendix A and Appendix B to the enclosed report. Please let us know ifyou need full size copies of those traps. The Boundary Map was recorded with the Kern County Recorder on April 1$, 2005, The Assessment Diagram is planned for recording. on June 1, 2005, at the same time Notice . of Assessment is recorded, following the confirmation of assessment. Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559}436-6644 Fax: (559)436-6646 MEMORANDUM TO: Gloria Buenrostro Randy Franz Corey Garberoho !Connie Walls (1 copy) Nick Gorely Bruce Graham ! "Cuan Pham (2 copies) Ursula Hyman 1 Anna Reinhardt (2 copies} Gregory Klimkv /Nelson Smith (1 copy) Tom Lockazd Roger McIntosh !Sean Reed !Judy Kindig (Z copies) Mike McMaste , !Tim Trolear (1 copy) Emad Mirgoli Bab Sherfy Bob Smithl Pan1a Simpson (1 copy) Sam Sperry'` John Stinson /Marian Shaw (1 copy) FROM: Ed~onlDeja~avic DATE: May 4, 2005 SUBJECT: Draft Final Enl* :leer's Report City of Bakersfi. ld Assessment District No. 04-3 (Soles !Rio Vista) RE: Our No. 29-66~ Enclosed for your review and : omments is a draft Final Engineer's Report for the above-referenced assessment district, in the s~_ae format that will be filed with the City to meet the initial filing deadline for the City Council'meeting on May 25, 2005. A protest hearing will be conducted and a resolution confirming the a5 essment will be considered by the City Council on May Z5. We would like to get your cahiments on the enclosed report as soon as possible, but no later than Monday, May 9, so that we can make any necessary changes in time for filing with the City Clerk on May 13. Reduced copies ofthe Boundary Map and the Assessment Diagram for Assessment District No. 04-3 are included in this report as, respectively, Appendix A and Appendix B. These maps have not changed since the Preliminan' Engineer's Report was filed with the City Clerk on April 15. Please let us know if you need full s~~'e copies of those two maps. The Boundary Map was recorded with ,' the Kern County Retarder o:: April 18, 2005. Please note that there were no changes made to the cost estimate, assessment allocation, or the total assessment arnonnt shown in the Preliminary Engineer's Report dated April 14, 2005, on the cover. The changes made to said Preliminary Engineer's Report are mostly typographical, filling in blanks where applicable, etc. The bottom paragraph on page I-3 in Section I was changed to reflect the fact that all City of Bakersfield Assessment District No. 93-1 existing assessments on parcels located in AD 04-3 have been paid offby Pulte Home, also confirming that both. installments of the 200412005 tax year property taxes have been paid. Please call us as soon as possible with any comments or questions regarding the enclosed report. 2