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 City Council Agenda Item No. 23



Meeting Date: June 11, 2002

Subject/Title: Approve resolutions to initiate proceedings for CIFP 2002-1 and Assessment District 2002-1 and setting the date for the public hearing for the Assessment District formation

Submitted by: Engineering: B. Grewal/P. Eldredge

Approved by: John Stevenson, City Manager


RECOMMENDATION 
Approve a Resolution Appointing an Underwriter, Bond Counsel, and Engineer of Work, and Approving Deposit and Reimbursement Agreements for CIFP 2002-1 and Assessment District No. 2002-1

Approve a Resolution Declaring Official Intent to Reimburse Certain Expenditures from Proceeds of Indebtedness.

Approve a Resolution Accepting Petition in and for Proposed Assessment District No. 2002-1

Approve a Resolution of Intention to Order Improvements in Assessment District No. 2002-1 and Approving the Proposed Boundary Map.

Approve Resolution Preliminarily Approving Engineer's Report, Setting Date for Public Hearing of Protests and Providing for Property Owner Ballots for Assessment District No. 2002-1.

PREVIOUS ACTION
On November 10, 1998, the City Council Approved the annexation of the Northwest Area into the City of Brentwood.

On May 23, 2000, the City Council adopted the 2000/05 Capital Improvement Program.

On November 28, 2000, the City Council added the Northwest Quadrant Infrastructure /CIFP 2001-1 (renamed to 2002-01 to correctly reflect the year) to the 2000/05 Capital Improvement Program (CIP Project No. 336-3127) and directed the City Engineer to initiate discussion s with the development community to develop a Capital Improvements Financing Program (CIFP 2001-1, also renamed to 2002-1 to correctly reflect the year) to assist in financing the required engineering and public infrastructure to support the anticipated commercial and residential development in the Northwest Quadrant.

On February 27, 2001, City Council approved the Northwest Quadrant Infrastructure Design Engineering Fee Reimbursement Agreement.


BACKGROUND
Staff has had several meetings with the development community related to the development of the Northwest Quadrant Infrastructure and this assessment district formation. The development community has been very helpful in the preparation of the attached Draft Engineer’s Report and has been supportive and encouraging for this program to commence.

The City of Brentwood has a long history of utilizing Assessment District (AD) financing to assist in the funding of master-planned infrastructure. The following developers and landowners have requested the preparation of Capital Improvement Financing Plan 2002-1 and the formation of Assessment District 2002-1 to assist in finding the facilities included in the CIFP report.

The developer and owners included in this CIFP and AD include:
1. Mission Peak
2. Curran-Martin
3. Meritage Homes
4. Centex Homes
5. The Mark Pringle Company
6. Ponderosa Homes
7. Deer Creek Partners / DeNova Homes
8. Western Pacific (Schuler Homes)
9. William Lyon Homes
10. Buzz Walker
11. Golden Hills Church
12. Albers 
13. JMI Properties
14. Lone Tree Partners
15. Resurrection Ministries
16. AIG Baker

The attached Proposed Boundary Map depicts the properties involved in this program. All residential properties have an approved Tentative Map and Conditions of Approval. 

Facility Fee credits have been incorporated into the CIFP report so the City and the developers will have a complete picture of the costs associated with this program.

The resolutions submitted for approval with this report are the initial actions required by the City Council to start the process of formation of CIFP 2002-1 and Assessment District 2002-1. This CIFP incorporates 896 single-family residential lots and 91.7 acres of commercial property.

This CIFP will construct of fund approximately $24,000,000 of infrastructure through the prepayment of facility fees or the construction of improvements.

FISCAL IMPACT
The developers will provide funding for the City’s costs associated with this program. They have each submitted $5,000 to start the work. When the Assessment District is formed all administrative costs will be funded by the District through it’s life.


Attachments:
Resolutions (5)
Proposed Boundary Map
Form of Petition
Certificate Re Petition
Deposit and Reimbursement Agreements 
Form of Notice of Public Hearing
Form of Property Owner Ballot
Preliminary Engineer's Report 

RESOLUTION NO. __________

RESOLUTION APPOINTING AN UNDERWRITER, BOND COUNSEL, AND ENGINEER OF WORK, AND APPROVING DEPOSIT AND REIMBURSEMENT AGREEMENTS FOR CIFP 2002-1 AND ASSESSMENT DISTRICT NO. 2002-1 


WHEREAS, the City of Brentwood (the “City”) has determined to commence proceedings for its Capital Improvement Financing Plan 2002-1 (“CIFP 2002-1”); and

WHEREAS, the City Council has determined to undertake certain proceedings toward the establishment of an assessment district pursuant to the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code) to be named “Assessment District No. 2002-1, City of Brentwood, Contra Costa County, California” (hereinafter, the “Assessment District”) for the purposes of acquiring certain public improvements to be constructed in said Assessment District, and to issue bonds secured by the unpaid assessments to be levied in the Assessment District pursuant to the Improvement Bond Act of 1915 (Division 10 of the California Streets and Highways Code); and

WHEREAS, a form of the Deposit and Reimbursement Agreement between the City and each of the developers (the “Developer” as defined in each of the Deposit and Reimbursement Agreements), dated as of June 11, 2002, is on file with the City Clerk and presented to this meeting; and

WHEREAS, the City now desires to appoint the members of the financing team to enable the City to pursue said proceedings and financing;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD HEREBY RESOLVES, AS FOLLOWS:

Section 1. The foregoing recitals are true and correct, and this City Council so finds and determines.

Section 2. The City hereby determines to undertake proceedings for CIFP 2002﷓1 and hereby directs the City Engineer to prepare and present to this Council a CIFP 2002-1 report.

Section 3. The City hereby determines to undertake proceedings pursuant to the Municipal Improvement Act of 1913 for the acquisition of public improvements to be constructed in the Assessment District and hereby directs the City Manager, City Treasurer, Director of Finance and Information Systems, City Engineer, City Attorney, and all other officers and employees of the City to prepare or cause to be prepared proceedings to accomplish same and to submit same to the City for consideration at the earliest practical opportunity.

Section 4. The firm of RBC Dain Rauscher Inc. is hereby appointed Underwriter for said financing in accordance with the agreement between the City and RBC Dain Rauscher Inc., a copy of which is on file with the City Clerk.

Section 5. The firm of Orrick, Herrington & Sutcliffe LLP is hereby appointed Bond Counsel for said financing in accordance with that certain agreement on file with the City Clerk and presented to this meeting (the “Legal Agreement”). The City Manager is hereby authorized and directed to execute and deliver the Legal Agreement and the City Clerk is authorized to attest its execution.

Section 6. The City Engineer of the City is hereby appointed Engineer of Work for the Assessment District and is hereby authorized and directed to do and perform all assessment engineering work necessary in and for said Assessment District proceedings, including the preparation of a map of the Assessment District and the descriptions of the public improvements to be acquired, together with estimates of costs thereof, an assessment diagram, an assessment roll, and the method of spread of the assessments, all as required and described in Section 10204 of the California Streets and Highways Code.

Section 7. The Deposit and Reimbursement Agreements, dated as of June 11, 2002, by and between the City and the respective Developers within the proposed CIFP 2002﷓1, are hereby approved. The City Manager is hereby authorized and directed to execute and deliver the Deposit and Reimbursement Agreements.

Section 8. This resolution shall take effect immediately upon its passage.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 11th day of June 2002, by the following vote:

RESOLUTION NO. _________

RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS


WHEREAS, the City of Brentwood (the "City") intends to acquire and/or construct certain public improvements (the “Project”) in its Assessment District No. 2002-1 as described in Exhibit A attached hereto; and 
WHEREAS, the City expects to pay certain expenditures (the "Reimbursement Expenditures") in connection with the Project prior to the issuance of indebtedness for the purpose of financing costs associated with the Project on a long-term basis; and
WHEREAS, the City reasonably expects that debt obligations in an amount not expected to exceed $24,000,000 will be issued and that certain of the proceeds of such debt obligations will be used to reimburse the Reimbursement Expenditures.
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows:
Section 1. The foregoing recitals are true and correct, and this City Council so finds and determines.
Section 2. This declaration is made solely for purposes of establishing compliance with the requirements of Section 1.150-2 of the United States Treasury Regulations. This declaration does not bind the City to make any expenditure, incur any indebtedness, or proceed with the Project.
Section 3. The City hereby declares its official intent to use proceeds of indebtedness to reimburse itself for Reimbursement Expenditures.
Section 4. This resolution shall take effect from and after its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 11th day of June, 2002, by the following vote:


EXHIBIT A TO THE RESOLUTIONS
ASSESSMENT DISTRICT NO. 2002-1
CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA

DESCRIPTION OF IMPROVEMENTS

The City Council intends to order the acquisition of the following improvements under the authority of the Municipal Improvement Act of 1913:

1. Lone Tree Way – Segment One;
Lone Tree Way Segment One includes roadway and utility improvements from Jeffrey Lane east to, and including, Empire Avenue, approximately 2,720 LF. Segment One includes the full intersection of Empire Avenue, including intersection transition improvements south. This Assessment District 2002-1 formed by the City of Brentwood will fund the south side improvements of Segment One, and proportionately fund certain undergrounding, traffic signal and storm drain items (“Common Improvements” as described below) with the City of Antioch. The City of Antioch is separately funding the north side improvements of Segment One, and their proportionate share of the Common Improvements. Improvements include:

Lone Tree Way
· Approximately 2,720 LF of road reconstruction consisting of one half of a 6-lane divided roadway including pavement, median, curb and gutter, and street lighting.
· Construction of a sidewalk on the south side.
· Installation of a new Zone 2 water trunk main and appurtenances.
· Curb returns and southern intersection transition improvements on Empire Avenue.
· Curb returns and southern intersection ultimate improvements (western side only) on Shady Willow Lane. Golden Hills Community Church has funded their local obligation of this improvement in this district.

Lone Tree Way “Common Improvements” (50/50 Cost share with Antioch)
· Undergrounding of existing overhead power.
· New Traffic signals at Empire Avenue, at Shady Willow Lane, at the Slatten Ranch driveway and at Jeffrey Way. 
· Installation of portions of Drainage Area 30C Storm Drain Line A1 and Line A3, and appurtenances.
· Landscaping of the median island.

2. Lone Tree Way – Segment Two;
Lone Tree Way Segment Two includes roadway and utility improvements from Empire Avenue east to a transition east of realigned Fairview Avenue, approximately 2,480 LF (north and south side). Improvements include:

· Approximately 2,480 LF of road reconstruction consisting of a 6-lane divided roadway including pavement, median, curb and gutter, and street lighting.
· Construction of a sidewalk on the north and south side.
· Undergrounding of existing overhead power.
· New Traffic signal at Realigned Fairview Avenue.
· Closure of existing Fairview Avenue intersection including removal of the existing signal.

3. Lone Tree Way DA 30C Zone Line A and A3
Lone Tree Way DA 30C Zone Line A and A3 includes the installation of Storm Drain line A3 and A and appurtenances from Empire Avenue east to Fairview Avenue.

4. Fairview Avenue Reconstruction (Meritage Frontage);
Fairview Avenue Reconstruction includes reconstruction and widening of Fairview Avenue along the Meritage “Sterling Preserve” Residential Project (Subdivision 8453), approximately 1,050 LF. Improvements include: 

· Approximately 1,050 LF of new pavement and pavement overlay, 14’ median, street lighting and east side curb, gutter, sidewalk and 
· Underground existing overhead power (approximately 1,050 LF).
· Construction of Drainage Area 30C Storm Drain Line A9 and appurtenances.
· Construction of miscellaneous water and sewer improvements and appurtenances.

5. Fairview Avenue Demolition and Reconstruction;
Fairview Avenue Demolition/Reconstruction includes reconstruction and widening of Fairview Avenue adjacent to the Drainage Area 30C South Detention Basin, approximately 765 LF. This item also includes the demolition of the existing northerly intersection with Lone Tree Way, and replacement with a new culdesac. Improvements include:

· Approximately 765 LF of new pavement and pavement overlay, 14’ median, street lighting and east side curb, gutter and sidewalk
· Demolition of approximately 400 LF of existing Fairview Avenue.
· Construction of a new culdesac 200 LF south of existing intersection at Lone Tree Way.
· Relocate existing power poles.
· Construction of Drainage Area 30C Storm Drain Line A5 (portion) & A9 and appurtenances.
· Construct outfall to Detention Basin for SD Line A9 and appurtenances.
· Construction of miscellaneous water and sewer improvements and appurtenances.

6. Fairview Avenue Realignment;
Fairview Avenue realignment includes the realignment of Fairview Avenue to the west approximately 450 LF, and relocation of the existing intersection at Lone Tree Way. The new road is approximately 915 LF in length. This item also continues storm drainage improvements in Fairview, through to the South Detention Basin, and ultimately to Drainage Area 30C Storm Drain Line A. Improvements include:

· Approximately 915 LF of new pavement, street lighting, fiber optic, curb and gutter and street lighting.
· Construction of storm drain improvements within Fairview including portions of Drainage Area 30C Storm Drain Line A1 and appurtenances.
· Construction of an outfall to Detention Basin for Storm Drain Line A1 and appurtenances.
· Construction of miscellaneous water and sewer improvements, and appurtenances.
· Parkway landscaping and irrigation.

7. Phase 1 Storm Drain DA30C Zone Line A5;
Phase 1 Storm Drain DA30C Zone Line A5 improvements include:

· Installation of Storm Drain Line A5 and appurtenances from Empire Avenue easterly to the detention Basin, approximately 3,250 LF. 
· Construction of outfall to Detention Basin for SD Line A5 and appurtenances.

8. Resurrection Ministries Storm Drain Fees
This item represents Resurrection Ministries’ Drainage Area 104 fees. 

9. Schuler Sycamore Avenue Improvements;
This item represents funding a portion of Schuler’s Sciortino Subdivision 8413 Sycamore Avenue Improvements. 

10. Sand Creek Road Pedestrian Under-crossing:
This item represents Ponderosa Crossroads I Subdivision 8460 financial share of the Sand Creek Road Pedestrian Undercrossing. 

11. Prepayment of Water Facilities Fee;
Prepayment of water improvement fees to fund Capital Improvements to the City’s Water Distribution System.
a) $1,090,058 for the Mission Peak “Amber Park” project (Subdivision 8470)
b) $ 155,359 for the Curran-Martin “Golden Eagle at LT” project (Subdivision 8281).
c) $ 921,839 for the Centex “Montelena” project (Subdivision 8469).
d) $ 370,081 for the Pringle “Stonegate” project (Subdivision 8408).
e) $ 430,640 for the Ponderosa project (Subdivision 8460).
f) $ 403,725 for the DeNova Homes project (Subdivision 8352).
g) $ 621,500 for the Schuler (Sciortino) project (Subdivision 8413).
h) $1,512,000 for the William Lyon (Yamanaka) project (Subdivision 8424).
i) $ 162,388 for the Brentwood Station Commercial Project on Lone Tree Way, east of the Highway 4 Bypass.
j) $ 146,000 for the Albers 10-Acre Commercial project on the north side of Lone Tree Way, east and adjacent to the Winco Development.
k) $ 267,419 for the Brentwood Partners LLC Commercial Project on Lone Tree Way.
l) $ 34,034 for the Resurrection Ministries Church project on the southwest corner of Sand Creek Road and Fairview Avenue.

12. Prepayment of Wastewater Facilities Fee;
Prepayment of wastewater improvement fees to fund Capital Improvements to the City’s Wastewater Treatment System.
a) $ 137,345 for the Mission Peak “Amber Park” project (Subdivision 8470).
b) $ 275,234 for the Centex “Montelena” project (Subdivision 8469).
c) $ 10,807 for the Pringle “Stonegate” project (Subdivision 8408).
d) $ 288,742 for the Ponderosa project (Subdivision 8460).
e) $ 292,864 for the DeNova Homes project (Subdivision 8352).
f) $ 519,800 for the Schuler (Sciortino) project (Subdivision 8413).
g) $ 882,000 for the William Lyon (Yamanaka) project (Subdivision 8424).
h) $ 132,751 for the Brentwood Station Commercial Project on Lone Tree Way, east of the Highway 4 Bypass.
i) $ 53,873 for the Golden Hills church expansion project on the southwest corner Lone Tree Way and Shady Willow Lane.
j) $ 119,354 for the Albers 10-Acre Commercial project on the north side of Lone Tree Way, east and adjacent to the Winco Development.
k) $ 218,613 for the Brentwood Partners LLC Commercial Project on Lone Tree Way.
l) $ 27,823 for the Resurrection Ministries Church project on the southwest corner of Sand Creek Road and Fairview Avenue

13. Prepayment of Roadway Facilities Fee;
Prepayment of roadway facilities fees to fund Capital Improvements to the City’s roadway System. 
a) $ 395,686 for Curran-Martin “Golden Eagle at LT” project (Subdivision 
8281).
b) $ 534,265 for the Centex “Montelena” project (Subdivision 8469).
c) $ 314,174 for the Pringle “Stonegate” project (Subdivision 8408).
d) $ 175,318 for the Brentwood Station Commercial Project on Lone Tree Way, east of the Highway 4 Bypass.
e) $ 21,472 for the Albers South Commercial project on the south side of 
Lone Tree Way, east of current Fairview Avenue.
f) $ 340,491 for the Moita Acorn Storage Commercial project on the north 
side of Lone Tree Way, east of current Fairview Avenue.
g) $ 213,456 for the Albers 10-Acre Commercial project on the north side 
of Lone Tree Way, east and adjacent to the Winco Development.
h) $ 325,589 for the Brentwood Partners LLC Commercial Project on Lone Tree Way.
i) $ 62,152 for the Resurrection Ministries Church project on the 
southwest corner of Sand Creek Road and Fairview Avenue.
j) $ 710,533 for the AIG Baker Commercial property on the south side of Sand Creek Road, east of the Highway 4 Bypass.

14. Prepayment of Parks and Trails Fee;
Prepayment of parks and trails fees to accelerate projects within the city.
a) $ 61,661 for the DeNova Homes project (Subdivision 8352).
b) $ 110,000 for the Schuler (Sciortino) project (Subdivision 8413).
c) $ 790,650 for the William Lyon (Yamanaka) project (Subdivision 8424).

15. Possible Additional Items of Work include: 

a) Lone Tree Way, 
b) Fairview Avenue, 
c) Empire Avenue, 
d) Shady Willow Lane, 
e) Oak Street and 
f) Sycamore Avenue.

RESOLUTION NO. __________

RESOLUTION ACCEPTING PETITION IN AND FOR PROPOSED ASSESSMENT DISTRICT NO. 2002-1


WHEREAS, certain owners of real property have filed with the Clerk of this body a petition, signed by them, requesting the public improvements described in the petition, the cost to be specially assessed against land benefiting from the improvements; 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;

NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows:

Section 1. The foregoing recitals are true and correct, and this City Council so finds and determines.

Section 2. The City Council finds that all of the owners of more than sixty percent in area of the land subject to assessment for the proposed improvements have signed the petition. Accordingly, the City Council accepts the petition and directs that special assessment proceedings shall be undertaken by the terms of the petition, and without further compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. This action is final within the meaning of Section 3012 of the Streets and Highways Code.

Section 3. This resolution shall take effect immediately upon its passage.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 11th day of June, 2002, by the following vote:

RESOLUTION NO. __________

RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 2002-1 AND APPROVING THE PROPOSED BOUNDARY MAP

WHEREAS, under the authority of the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code), this Council intends to order the acquisition and/or construction of the improvements described in Exhibit A, attached hereto and by this reference incorporated herein, all of which are situated within the City of Brentwood Assessment District No. 2002-1, County of Contra Costa, State of California; and
WHEREAS, this Council finds that the land specially benefited by the improvements is shown within the boundaries shown on the map entitled, "Proposed Boundaries of Assessment District No. 2002-1, City of Brentwood, Contra Costa County, State of California,” a copy of which is on file with the City Clerk. The land within the exterior boundaries shown on the map shall be designated “Assessment District No. 2002-1, City of Brentwood, Contra Costa County, State of California;” and
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows:
Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.
Section 2. This City Council approves the map and adopts the boundaries shown on the map as describing the extent of the territory included in a proposed assessment district to be known as Assessment District No. 2002-1, City of Brentwood, Contra Costa County, State of California. 
Section 3. This City Council finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code.
Section 4. This City Council directs the City Clerk to certify the adoption of this resolution on the face of the map, and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment and Community Facilities Districts no later than fifteen (15) days after the adoption of this resolution.
Section 5. This Council intends to levy a special assessment upon the land within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvements. 
Section 6. Where any disparity occurs in level or size between the improvements and private property, this Council determines that it is in the public interest and more economical to 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.
Section 7. This City Council intends to enter into an agreement with any appropriate public agency or utility company, under the provisions of Section 10109 and following of the Streets and Highways Code, to the extent that the work and improvements to be undertaken will include facilities which are to be under the ownership, management and control of such public agency or utility company.
Section 8. This City Council intends, pursuant to subparagraph (f) of Section 10204 of the California Streets and Highways Code, 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.
Section 9. 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-nine (29) years from the second day of September next succeeding twelve (12) months from their date.
Section 10. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1, Division 10, of the Streets and Highways Code of the State of California.
Section 11. 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.
Section 12. The City Council finds that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800, Streets and Highways Code) does not apply to these proceedings.
Section 13. This City Council appoints the City Engineer of the City as Engineer of Work for this project, and directs the preparation of the report containing the matters required by Section 10204 of the Streets and Highways Code, as supplemented by Section 4 of Article XIIID of the California Constitution. 
Section 14. In the opinion of the City Council, the public interest will not be served by allowing owners of assessable land to enter into a contract for the work of improvement as otherwise permitted in Section 20485 of the Public Contract Code.
Section 15. The amount of any surplus remaining in the improvement fund after completion of the improvements and payment of all claims shall be distributed in accordance with the provisions of Section 10427.1 of the Streets and Highways Code.
Section 16. This resolution shall take effect immediately upon its passage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 11th day of June 2002, by the following vote:


EXHIBIT A TO THE RESOLUTIONS
ASSESSMENT DISTRICT NO. 2002-1
CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA

DESCRIPTION OF IMPROVEMENTS

The City Council intends to order the acquisition of the following improvements under the authority of the Municipal Improvement Act of 1913:

1. Lone Tree Way – Segment One;
Lone Tree Way Segment One includes roadway and utility improvements from Jeffrey Lane east to, and including, Empire Avenue, approximately 2,720 LF. Segment One includes the full intersection of Empire Avenue, including intersection transition improvements south. This Assessment District 2002-1 formed by the City of Brentwood will fund the south side improvements of Segment One, and proportionately fund certain undergrounding, traffic signal and storm drain items (“Common Improvements” as described below) with the City of Antioch. The City of Antioch is separately funding the north side improvements of Segment One, and their proportionate share of the Common Improvements. Improvements include:

Lone Tree Way
· Approximately 2,720 LF of road reconstruction consisting of one half of a 6-lane divided roadway including pavement, median, curb and gutter, and street lighting.
· Construction of a sidewalk on the south side.
· Installation of a new Zone 2 water trunk main and appurtenances.
· Curb returns and southern intersection transition improvements on Empire Avenue.
· Curb returns and southern intersection ultimate improvements (western side only) on Shady Willow Lane. Golden Hills Community Church has funded their local obligation of this improvement in this district.

Lone Tree Way “Common Improvements” (50/50 Cost share with Antioch)
· Undergrounding of existing overhead power.
· New Traffic signals at Empire Avenue, at Shady Willow Lane, at the Slatten Ranch driveway and at Jeffrey Way. 
· Installation of portions of Drainage Area 30C Storm Drain Line A1 and Line A3, and appurtenances.
· Landscaping of the median island.

2. Lone Tree Way – Segment Two;
Lone Tree Way Segment Two includes roadway and utility improvements from Empire Avenue east to a transition east of realigned Fairview Avenue, approximately 2,480 LF (north and south side). Improvements include:

· Approximately 2,480 LF of road reconstruction consisting of a 6-lane divided roadway including pavement, median, curb and gutter, and street lighting.
· Construction of a sidewalk on the north and south side.
· Undergrounding of existing overhead power.
· New Traffic signal at Realigned Fairview Avenue.
· Closure of existing Fairview Avenue intersection including removal of the existing signal.

3. Lone Tree Way DA 30C Zone Line A and A3
Lone Tree Way DA 30C Zone Line A and A3 includes the installation of Storm Drain line A3 and A and appurtenances from Empire Avenue east to Fairview Avenue.

4. Fairview Avenue Reconstruction (Meritage Frontage);
Fairview Avenue Reconstruction includes reconstruction and widening of Fairview Avenue along the Meritage “Sterling Preserve” Residential Project (Subdivision 8453), approximately 1,050 LF. Improvements include: 

· Approximately 1,050 LF of new pavement and pavement overlay, 14’ median, street lighting and east side curb, gutter, sidewalk and 
· Underground existing overhead power (approximately 1,050 LF).
· Construction of Drainage Area 30C Storm Drain Line A9 and appurtenances.
· Construction of miscellaneous water and sewer improvements and appurtenances.

5. Fairview Avenue Demolition and Reconstruction;
Fairview Avenue Demolition/Reconstruction includes reconstruction and widening of Fairview Avenue adjacent to the Drainage Area 30C South Detention Basin, approximately 765 LF. This item also includes the demolition of the existing northerly intersection with Lone Tree Way, and replacement with a new culdesac. Improvements include:

· Approximately 765 LF of new pavement and pavement overlay, 14’ median, street lighting and east side curb, gutter and sidewalk
· Demolition of approximately 400 LF of existing Fairview Avenue.
· Construction of a new culdesac 200 LF south of existing intersection at Lone Tree Way.
· Relocate existing power poles.
· Construction of Drainage Area 30C Storm Drain Line A5 (portion) & A9 and appurtenances.
· Construct outfall to Detention Basin for SD Line A9 and appurtenances.
· Construction of miscellaneous water and sewer improvements and appurtenances.

6. Fairview Avenue Realignment;
Fairview Avenue realignment includes the realignment of Fairview Avenue to the west approximately 450 LF, and relocation of the existing intersection at Lone Tree Way. The new road is approximately 915 LF in length. This item also continues storm drainage improvements in Fairview, through to the South Detention Basin, and ultimately to Drainage Area 30C Storm Drain Line A. Improvements include:

· Approximately 915 LF of new pavement, street lighting, fiber optic, curb and gutter and street lighting.
· Construction of storm drain improvements within Fairview including portions of Drainage Area 30C Storm Drain Line A1 and appurtenances.
· Construction of an outfall to Detention Basin for Storm Drain Line A1 and appurtenances.
· Construction of miscellaneous water and sewer improvements, and appurtenances.
· Parkway landscaping and irrigation.

7. Phase 1 Storm Drain DA30C Zone Line A5;
Phase 1 Storm Drain DA30C Zone Line A5 improvements include:

· Installation of Storm Drain Line A5 and appurtenances from Empire Avenue easterly to the detention Basin, approximately 3,250 LF. 
· Construction of outfall to Detention Basin for SD Line A5 and appurtenances.

8. Resurrection Ministries Storm Drain Fees
This item represents Resurrection Ministries’ Drainage Area 104 fees. 

9. Schuler Sycamore Avenue Improvements;
This item represents funding a portion of Schuler’s Sciortino Subdivision 8413 Sycamore Avenue Improvements. 

10. Sand Creek Road Pedestrian Under-crossing:
This item represents Ponderosa Crossroads I Subdivision 8460 financial share of the Sand Creek Road Pedestrian Undercrossing. 

11. Prepayment of Water Facilities Fee;
Prepayment of water improvement fees to fund Capital Improvements to the City’s Water Distribution System.
a). $1,090,058 for the Mission Peak “Amber Park” project (Subdivision 8470)
b) $ 155,359 for the Curran-Martin “Golden Eagle at LT” project (Subdivision 8281).
d) $ 921,839 for the Centex “Montelena” project (Subdivision 8469).
e) $ 370,081 for the Pringle “Stonegate” project (Subdivision 8408).
f) $ 430,640 for the Ponderosa project (Subdivision 8460).
g) $ 403,725 for the DeNova Homes project (Subdivision 8352).
h) $ 621,500 for the Schuler (Sciortino) project (Subdivision 8413).
i) $1,512,000 for the William Lyon (Yamanaka) project (Subdivision 8424).
j) $ 162,388 for the Brentwood Station Commercial Project on Lone Tree Way, east of the Highway 4 Bypass.
k) $ 146,000 for the Albers 10-Acre Commercial project on the north side of Lone Tree Way, east and adjacent to the Winco Development.
l) $ 267,419 for the Brentwood Partners LLC Commercial Project on Lone Tree Way.
m) $ 34,034 for the Resurrection Ministries Church project on the southwest corner of Sand Creek Road and Fairview Avenue.

12. Prepayment of Wastewater Facilities Fee;
Prepayment of wastewater improvement fees to fund Capital Improvements to the City’s Wastewater Treatment System.
a) $ 137,345 for the Mission Peak “Amber Park” project (Subdivision 8470).
b) $ 275,234 for the Centex “Montelena” project (Subdivision 8469).
c) $ 10,807 for the Pringle “Stonegate” project (Subdivision 8408).
d) $ 288,742 for the Ponderosa project (Subdivision 8460).
e) $ 292,864 for the DeNova Homes project (Subdivision 8352).
f) $ 519,800 for the Schuler (Sciortino) project (Subdivision 8413).
g) $ 882,000 for the William Lyon (Yamanaka) project (Subdivision 8424).
h) $ 132,751 for the Brentwood Station Commercial Project on Lone Tree Way, east of the Highway 4 Bypass.
i) $ 53,873 for the Golden Hills church expansion project on the southwest corner Lone Tree Way and Shady Willow Lane.
j) $ 119,354 for the Albers 10-Acre Commercial project on the north side of Lone Tree Way, east and adjacent to the Winco Development.
k) $ 218,613 for the Brentwood Partners LLC Commercial Project on Lone Tree Way.
l) $ 27,823 for the Resurrection Ministries Church project on the southwest corner of Sand Creek Road and Fairview Avenue

13. Prepayment of Roadway Facilities Fee;
Prepayment of roadway facilities fees to fund Capital Improvements to the City’s roadway System. 

a) $ 395,686 for Curran-Martin “Golden Eagle at LT” project (Subdivision 
8281).

b) $ 534,265 for the Centex “Montelena” project (Subdivision 8469).
c) $ 314,174 for the Pringle “Stonegate” project (Subdivision 8408).
d) $ 175,318 for the Brentwood Station Commercial Project on Lone Tree Way, east of the Highway 4 Bypass.
e) $ 21,472 for the Albers South Commercial project on the south side of 
Lone Tree Way, east of current Fairview Avenue.
f) $ 340,491 for the Moita Acorn Storage Commercial project on the north 
side of Lone Tree Way, east of current Fairview Avenue.
g) $ 213,456 for the Albers 10-Acre Commercial project on the north side 
of Lone Tree Way, east and adjacent to the Winco Development.
h) $ 325,589 for the Brentwood Partners LLC Commercial Project on Lone Tree Way.
i) $ 62,152 for the Resurrection Ministries Church project on the 
southwest corner of Sand Creek Road and Fairview Avenue.
j) $ 710,533 for the AIG Baker Commercial property on the south side of Sand Creek Road, east of the Highway 4 Bypass.

14. Prepayment of Parks and Trails Fee;
Prepayment of parks and trails fees to accelerate projects within the city.
a) $ 61,661 for the DeNova Homes project (Subdivision 8352).
b) $ 110,000 for the Schuler (Sciortino) project (Subdivision 8413).
c) $ 790,650 for the William Lyon (Yamanaka) project (Subdivision 8424).

15. Possible Additional Items of Work include: 

a) Lone Tree Way, 
b) Fairview Avenue, 
c) Empire Avenue, 
d) Shady Willow Lane, 
e) Oak Street and 
f) Sycamore Avenue.

RESOLUTION NO. __________ 

RESOLUTION PRELIMINARILY APPROVING ENGINEER’S REPORT, SETTING DATE FOR PUBLIC HEARING OF PROTESTS AND PROVIDING FOR PROPERTY OWNER BALLOTS IN AND FOR ASSESSMENT DISTRICT NO. 2002-1

WHEREAS, at the direction of this City Council, the City Engineer, as Engineer of Work for improvement proceedings in Assessment District No. 2002-1, City of Brentwood, County of Contra Costa, State of California, has filed with the City Clerk the report described in Section 10204 of the Streets and Highways Code (Municipal Improvement Act of 1913, hereafter in this resolution referred to as “the Act”), and containing the matters required by Article XIIID of the California Constitution (“Article XIIID”), and it is appropriate for this Council to preliminarily approve said report and to schedule the public hearing of protests respecting said report. A brief description of the public improvements proposed to be acquired as described in said report is attached hereto as Exhibit A;

NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows:

Section 1. The foregoing recital is true and correct, and the City Council so finds and determines.

Section 2. This Council preliminarily approves the report without modification, for the purpose of conducting a public hearing of protests as provided in the Act, Article XIIID, and Section 53753 of the California Government Code. Said report shall stand as the report for the purpose of all subsequent proceedings under the Act and Section 53753, except that it may be confirmed, modified, or corrected as provided in the Act.

Section 3. This Council hereby sets 7:30 o’clock P.M. or as soon thereafter as the matter may be heard, on August 13, 2002, in the Council Chambers at 734 Third Street, Brentwood, California 94513, as the time and place for a public hearing of protests to the acquisition and/or construction of the proposed public improvements, the proposed levy of assessments, the amounts of individual assessments, and related matters as set forth in said report, and any interested person may appear and object to said public improvements, or to the extent of said assessment district or to said proposed assessment.

Section 4. The City Clerk is hereby directed to cause a notice of said public hearing to be given by mailing notices thereof, together with assessment ballots, in the time, form and manner provided by Section 53753, and upon the completion of the mailing of said notices and assessment ballots, the City Clerk is hereby directed to file with the Council an affidavit setting forth the time and manner of the compliance with the requirements of law for mailing said notices and assessment ballots.

Section 5. Balwinder S. Grewal, City Engineer of the City of Brentwood, as the Engineer of Work, at 150 City Park Way, Brentwood, 94513, telephone (925) 516-5420, is hereby designated to answer inquiries regarding the protest proceedings.

Section 6. This resolution shall take effect immediately upon its passage.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 11th day of June 2002, by the following vote:

EXHIBIT A TO THE RESOLUTIONS
ASSESSMENT DISTRICT NO. 2002-1
CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA

DESCRIPTION OF IMPROVEMENTS

The City Council intends to order the acquisition of the following improvements under the authority of the Municipal Improvement Act of 1913:

1. Lone Tree Way – Segment One;
Lone Tree Way Segment One includes roadway and utility improvements from Jeffrey Lane east to, and including, Empire Avenue, approximately 2,720 LF. Segment One includes the full intersection of Empire Avenue, including intersection transition improvements south. This Assessment District 2002-1 formed by the City of Brentwood will fund the south side improvements of Segment One, and proportionately fund certain undergrounding, traffic signal and storm drain items (“Common Improvements” as described below) with the City of Antioch. The City of Antioch is separately funding the north side improvements of Segment One, and their proportionate share of the Common Improvements. Improvements include:

Lone Tree Way
· Approximately 2,720 LF of road reconstruction consisting of one half of a 6-lane divided roadway including pavement, median, curb and gutter, and street lighting.
· Construction of a sidewalk on the south side.
· Installation of a new Zone 2 water trunk main and appurtenances.
· Curb returns and southern intersection transition improvements on Empire Avenue.
· Curb returns and southern intersection ultimate improvements (western side only) on Shady Willow Lane. Golden Hills Community Church has funded their local obligation of this improvement in this district.

Lone Tree Way “Common Improvements” (50/50 Cost share with Antioch)
· Undergrounding of existing overhead power.
· New Traffic signals at Empire Avenue, at Shady Willow Lane, at the Slatten Ranch driveway and at Jeffrey Way. 
· Installation of portions of Drainage Area 30C Storm Drain Line A1 and Line A3, and appurtenances.
· Landscaping of the median island.

2. Lone Tree Way – Segment Two;
Lone Tree Way Segment Two includes roadway and utility improvements from Empire Avenue east to a transition east of realigned Fairview Avenue, approximately 2,480 LF (north and south side). Improvements include:

· Approximately 2,480 LF of road reconstruction consisting of a 6-lane divided roadway including pavement, median, curb and gutter, and street lighting.
· Construction of a sidewalk on the north and south side.
· Undergrounding of existing overhead power.
· New Traffic signal at Realigned Fairview Avenue.
· Closure of existing Fairview Avenue intersection including removal of the existing signal.

3. Lone Tree Way DA 30C Zone Line A and A3
Lone Tree Way DA 30C Zone Line A and A3 includes the installation of Storm Drain line A3 and A and appurtenances from Empire Avenue east to Fairview Avenue.

4. Fairview Avenue Reconstruction (Meritage Frontage);
Fairview Avenue Reconstruction includes reconstruction and widening of Fairview Avenue along the Meritage “Sterling Preserve” Residential Project (Subdivision 8453), approximately 1,050 LF. Improvements include: 

· Approximately 1,050 LF of new pavement and pavement overlay, 14’ median, street lighting and east side curb, gutter, sidewalk and 
· Underground existing overhead power (approximately 1,050 LF).
· Construction of Drainage Area 30C Storm Drain Line A9 and appurtenances.
· Construction of miscellaneous water and sewer improvements and appurtenances.

5. Fairview Avenue Demolition and Reconstruction;
Fairview Avenue Demolition/Reconstruction includes reconstruction and widening of Fairview Avenue adjacent to the Drainage Area 30C South Detention Basin, approximately 765 LF. This item also includes the demolition of the existing northerly intersection with Lone Tree Way, and replacement with a new culdesac. Improvements include:

· Approximately 765 LF of new pavement and pavement overlay, 14’ median, street lighting and east side curb, gutter and sidewalk
· Demolition of approximately 400 LF of existing Fairview Avenue.
· Construction of a new culdesac 200 LF south of existing intersection at Lone Tree Way.
· Relocate existing power poles.
· Construction of Drainage Area 30C Storm Drain Line A5 (portion) & A9 and appurtenances.
· Construct outfall to Detention Basin for SD Line A9 and appurtenances.
· Construction of miscellaneous water and sewer improvements and appurtenances.

6. Fairview Avenue Realignment;
Fairview Avenue realignment includes the realignment of Fairview Avenue to the west approximately 450 LF, and relocation of the existing intersection at Lone Tree Way. The new road is approximately 915 LF in length. This item also continues storm drainage improvements in Fairview, through to the South Detention Basin, and ultimately to Drainage Area 30C Storm Drain Line A. Improvements include:

· Approximately 915 LF of new pavement, street lighting, fiber optic, curb and gutter and street lighting.
· Construction of storm drain improvements within Fairview including portions of Drainage Area 30C Storm Drain Line A1 and appurtenances.
· Construction of an outfall to Detention Basin for Storm Drain Line A1 and appurtenances.
· Construction of miscellaneous water and sewer improvements, and appurtenances.
· Parkway landscaping and irrigation.

7. Phase 1 Storm Drain DA30C Zone Line A5;
Phase 1 Storm Drain DA30C Zone Line A5 improvements include:

· Installation of Storm Drain Line A5 and appurtenances from Empire Avenue easterly to the detention Basin, approximately 3,250 LF. 
· Construction of outfall to Detention Basin for SD Line A5 and appurtenances.

8. Resurrection Ministries Storm Drain Fees
This item represents Resurrection Ministries’ Drainage Area 104 fees. 

9. Schuler Sycamore Avenue Improvements;
This item represents funding a portion of Schuler’s Sciortino Subdivision 8413 Sycamore Avenue Improvements. 

10. Sand Creek Road Pedestrian Under-crossing:
This item represents Ponderosa Crossroads I Subdivision 8460 financial share of the Sand Creek Road Pedestrian Undercrossing. 

11. Prepayment of Water Facilities Fee;
Prepayment of water improvement fees to fund Capital Improvements to the City’s Water Distribution System.
a) $1,090,058 for the Mission Peak “Amber Park” project (Subdivision 8470)
b) $ 155,359 for the Curran-Martin “Golden Eagle at LT” project (Subdivision 8281).
c) $ 921,839 for the Centex “Montelena” project (Subdivision 8469).
d) $ 370,081 for the Pringle “Stonegate” project (Subdivision 8408).
e) $ 430,640 for the Ponderosa project (Subdivision 8460).
f) $ 403,725 for the DeNova Homes project (Subdivision 8352).
g) $ 621,500 for the Schuler (Sciortino) project (Subdivision 8413).
h) $1,512,000 for the William Lyon (Yamanaka) project (Subdivision 8424).
i) $ 162,388 for the Brentwood Station Commercial Project on Lone Tree Way, east of the Highway 4 Bypass.
j) $ 146,000 for the Albers 10-Acre Commercial project on the north side of Lone Tree Way, east and adjacent to the Winco Development.
k) $ 267,419 for the Brentwood Partners LLC Commercial Project on Lone Tree Way.
l) $ 34,034 for the Resurrection Ministries Church project on the southwest corner of Sand Creek Road and Fairview Avenue.

12. Prepayment of Wastewater Facilities Fee;
Prepayment of wastewater improvement fees to fund Capital Improvements to the City’s Wastewater Treatment System.
a) $ 137,345 for the Mission Peak “Amber Park” project (Subdivision 8470).
b) $ 275,234 for the Centex “Montelena” project (Subdivision 8469).
c) $ 10,807 for the Pringle “Stonegate” project (Subdivision 8408).
d) $ 288,742 for the Ponderosa project (Subdivision 8460).
e) $ 292,864 for the DeNova Homes project (Subdivision 8352).
f) $ 519,800 for the Schuler (Sciortino) project (Subdivision 8413).
g) $ 882,000 for the William Lyon (Yamanaka) project (Subdivision 8424).
h) $ 132,751 for the Brentwood Station Commercial Project on Lone Tree Way, east of the Highway 4 Bypass.
i) $ 53,873 for the Golden Hills church expansion project on the southwest corner Lone Tree Way and Shady Willow Lane.
j) $ 119,354 for the Albers 10-Acre Commercial project on the north side of Lone Tree Way, east and adjacent to the Winco Development.
k) $ 218,613 for the Brentwood Partners LLC Commercial Project on Lone Tree Way.
l) $ 27,823 for the Resurrection Ministries Church project on the southwest corner of Sand Creek Road and Fairview Avenue

13. Prepayment of Roadway Facilities Fee;
Prepayment of roadway facilities fees to fund Capital Improvements to the City’s roadway System. 
a) $ 395,686 for Curran-Martin “Golden Eagle at LT” project (Subdivision 
8281).
b) $ 534,265 for the Centex “Montelena” project (Subdivision 8469).
c) $ 314,174 for the Pringle “Stonegate” project (Subdivision 8408).
d) $ 175,318 for the Brentwood Station Commercial Project on Lone Tree Way, east of the Highway 4 Bypass.
e) $ 21,472 for the Albers South Commercial project on the south side of 
Lone Tree Way, east of current Fairview Avenue.
f) $ 340,491 for the Moita Acorn Storage Commercial project on the north 
side of Lone Tree Way, east of current Fairview Avenue.
g) $ 213,456 for the Albers 10-Acre Commercial project on the north side 
of Lone Tree Way, east and adjacent to the Winco Development.
h) $ 325,589 for the Brentwood Partners LLC Commercial Project on Lone Tree Way.
i) $ 62,152 for the Resurrection Ministries Church project on the 
southwest corner of Sand Creek Road and Fairview Avenue.
j) $ 710,533 for the AIG Baker Commercial property on the south side of Sand Creek Road, east of the Highway 4 Bypass.

14. Prepayment of Parks and Trails Fee;
Prepayment of parks and trails fees to accelerate projects within the city.
a. $ 61,661 for the DeNova Homes project (Subdivision 8352).
b) $ 110,000 for the Schuler (Sciortino) project (Subdivision 8413).
c) $ 790,650 for the William Lyon (Yamanaka) project (Subdivision 8424).

15. Possible Additional Items of Work include: 

a) Lone Tree Way, 
b) Fairview Avenue, 
c) Empire Avenue, 
d) Shady Willow Lane, 
e) Oak Street and 
f) Sycamore Avenue.

PROPOSED ASSESSMENT DISTRICT NO. 2002-1
CITY OF BRENTWOOD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA

PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS


TO THE CITY COUNCIL OF THE CITY OF BRENTWOOD:

1. We, the undersigned, are authorized representatives of the owner of the property shown on the map attached hereto as Exhibit B.

2. This petition is submitted to you pursuant to Sections 2804 of the California Streets and Highways Code to request that you initiate and conduct special assessment proceedings pursuant to the municipal Improvement Act of 1913 (Sections 10000 and following, Streets and Highways Code) for the purpose of financing various public improvements within the proposed assessment district, as described in the attached Exhibit A.

3. We have been advised that the present best estimate of the total amount to be assessed to the parcels in this assessment district is approximately $22,000,000. We are aware that this amount is subject to modification (increase or decrease) during the course of the legal proceedings.

4. We acknowledge each of the following:

(a) THAT the cost of the project will be charged to the parcels in the assessment district in proportion to benefit, as determined by you following a public hearing;

(b) THAT a report will be prepared and filed on the project, including a detailed cost estimate and a proposed allocation of the costs among the parcels of land on the basis of proportionality to the estimated benefit to each parcel, and that you will conduct a public hearing on the report;

(c) THAT the cost of engineering, legal and other incidental and financing costs will be included in the project cost;

(d) THAT, assuming assessments are levied and recorded as requested by this petition, we will have 30 days following the recording of assessments to pay our assessment, at a discount and without interest unless we waive this cash payment entitlement in writing; and that, upon expiration of the 30-day cash payment period, you will take the required steps to authorize and sell limited obligation improvement bonds under the Improvement Bond Act of 1915 (Sections 8500 and following, Streets and Highways Code) in the amount of the unpaid assessments; and that if we do not pre-pay our assessment in cash, it will become payable over a period of years, with interest and annual administrative costs added, and with the determination respecting the period of years and the interest rate or rates to be established by the bond sale.

(e) THAT, if we do not pre-pay our assessments, annual installments of principal, interest and administrative costs will be collected on the property tax roll; that such installments will be subject to the same late charges and penalties as for property taxes if we do not pay such installments by the annual December 10 and April 10 deadlines; and that our parcel is subject to immediate foreclosure (no notice of delinquency or grace period) if we do not pay by said annual deadlines.

(f) THAT if this petition is signed by owners representing at least sixty percent (60%) of the land area proposed to be assessed, the City Council at the close of the public hearing may proceed with the assessment district even if some of the owners no longer support the project or assessment district financing.

(g) THAT, pursuant to provisions of Article XIIID of the California Constitution (added by Prop. 218), protests to the proceedings will be counted solely upon the amount assessed to the property for which a protest is submitted.

5. We waive investigation proceedings and all other provisions of Division 4, Streets and Highways Code, as provided in Section 2804 of that code.

6. The undersigned hereby give their affidavit that the property is subject to the lien of a deed of trust for the benefit of the beneficiary listed below and that, as shown in the Preliminary Title Report supplied to the City, the property is not subject to any other mortgage or deed of trust.


Executed on , 2002


Parcel No. Property Owner Signature and Title

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

Approved:


______________________________________, as trust deed beneficiary



________________________________________
Authorized Officer


EXHIBIT A TO THE RESOLUTIONS
ASSESSMENT DISTRICT NO. 2002-1
CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA

DESCRIPTION OF IMPROVEMENTS

The City Council intends to order the acquisition of the following improvements under the authority of the Municipal Improvement Act of 1913:

1. Lone Tree Way – Segment One;
Lone Tree Way Segment One includes roadway and utility improvements from Jeffrey Lane east to, and including, Empire Avenue, approximately 2,720 LF. Segment One includes the full intersection of Empire Avenue, including intersection transition improvements south. This Assessment District 2002-1 formed by the City of Brentwood will fund the south side improvements of Segment One, and proportionately fund certain undergrounding, traffic signal and storm drain items (“Common Improvements” as described below) with the City of Antioch. The City of Antioch is separately funding the north side improvements of Segment One, and their proportionate share of the Common Improvements. Improvements include:

Lone Tree Way
· Approximately 2,720 LF of road reconstruction consisting of one half of a 6-lane divided roadway including pavement, median, curb and gutter, and street lighting.
· Construction of a sidewalk on the south side.
· Installation of a new Zone 2 water trunk main and appurtenances.
· Curb returns and southern intersection transition improvements on Empire Avenue.
· Curb returns and southern intersection ultimate improvements (western side only) on Shady Willow Lane. Golden Hills Community Church has funded their local obligation of this improvement in this district.

Lone Tree Way “Common Improvements” (50/50 Cost share with Antioch)
· Undergrounding of existing overhead power.
· New Traffic signals at Empire Avenue, at Shady Willow Lane, at the Slatten Ranch driveway and at Jeffrey Way. 
· Installation of portions of Drainage Area 30C Storm Drain Line A1 and Line A3, and appurtenances.
· Landscaping of the median island.

2. Lone Tree Way – Segment Two;
Lone Tree Way Segment Two includes roadway and utility improvements from Empire Avenue east to a transition east of realigned Fairview Avenue, approximately 2,480 LF (north and south side). Improvements include:

· Approximately 2,480 LF of road reconstruction consisting of a 6-lane divided roadway including pavement, median, curb and gutter, and street lighting.
· Construction of a sidewalk on the north and south side.
· Undergrounding of existing overhead power.
· New Traffic signal at Realigned Fairview Avenue.
· Closure of existing Fairview Avenue intersection including removal of the existing signal.

3. Lone Tree Way DA 30C Zone Line A and A3
Lone Tree Way DA 30C Zone Line A and A3 includes the installation of Storm Drain line A3 and A and appurtenances from Empire Avenue east to Fairview Avenue.

4. Fairview Avenue Reconstruction (Meritage Frontage);
Fairview Avenue Reconstruction includes reconstruction and widening of Fairview Avenue along the Meritage “Sterling Preserve” Residential Project (Subdivision 8453), approximately 1,050 LF. Improvements include: 

· Approximately 1,050 LF of new pavement and pavement overlay, 14’ median, street lighting and east side curb, gutter, sidewalk and 
· Underground existing overhead power (approximately 1,050 LF).
· Construction of Drainage Area 30C Storm Drain Line A9 and appurtenances.
· Construction of miscellaneous water and sewer improvements and appurtenances.

5. Fairview Avenue Demolition and Reconstruction;
Fairview Avenue Demolition/Reconstruction includes reconstruction and widening of Fairview Avenue adjacent to the Drainage Area 30C South Detention Basin, approximately 765 LF. This item also includes the demolition of the existing northerly intersection with Lone Tree Way, and replacement with a new culdesac. Improvements include:

· Approximately 765 LF of new pavement and pavement overlay, 14’ median, street lighting and east side curb, gutter and sidewalk
· Demolition of approximately 400 LF of existing Fairview Avenue.
· Construction of a new culdesac 200 LF south of existing intersection at Lone Tree Way.
· Relocate existing power poles.
· Construction of Drainage Area 30C Storm Drain Line A5 (portion) & A9 and appurtenances.
· Construct outfall to Detention Basin for SD Line A9 and appurtenances.
· Construction of miscellaneous water and sewer improvements and appurtenances.

6. Fairview Avenue Realignment;
Fairview Avenue realignment includes the realignment of Fairview Avenue to the west approximately 450 LF, and relocation of the existing intersection at Lone Tree Way. The new road is approximately 915 LF in length. This item also continues storm drainage improvements in Fairview, through to the South Detention Basin, and ultimately to Drainage Area 30C Storm Drain Line A. Improvements include:

· Approximately 915 LF of new pavement, street lighting, fiber optic, curb and gutter and street lighting.
· Construction of storm drain improvements within Fairview including portions of Drainage Area 30C Storm Drain Line A1 and appurtenances.
· Construction of an outfall to Detention Basin for Storm Drain Line A1 and appurtenances.
· Construction of miscellaneous water and sewer improvements, and appurtenances.
· Parkway landscaping and irrigation.

7. Phase 1 Storm Drain DA30C Zone Line A5;
Phase 1 Storm Drain DA30C Zone Line A5 improvements include:

· Installation of Storm Drain Line A5 and appurtenances from Empire Avenue easterly to the detention Basin, approximately 3,250 LF. 
· Construction of outfall to Detention Basin for SD Line A5 and appurtenances.

8. Resurrection Ministries Storm Drain Fees
This item represents Resurrection Ministries’ Drainage Area 104 fees. 

9. Schuler Sycamore Avenue Improvements;
This item represents funding a portion of Schuler’s Sciortino Subdivision 8413 Sycamore Avenue Improvements. 

10. Sand Creek Road Pedestrian Under-crossing:
This item represents Ponderosa Crossroads I Subdivision 8460 financial share of the Sand Creek Road Pedestrian Undercrossing. 

11. Prepayment of Water Facilities Fee;
Prepayment of water improvement fees to fund Capital Improvements to the City’s Water Distribution System.
a) $1,090,058 for the Mission Peak “Amber Park” project (Subdivision 8470)
b) $ 155,359 for the Curran-Martin “Golden Eagle at LT” project (Subdivision 8281).
c) $ 921,839 for the Centex “Montelena” project (Subdivision 8469).
d) $ 370,081 for the Pringle “Stonegate” project (Subdivision 8408).
e) $ 430,640 for the Ponderosa project (Subdivision 8460).
f) $ 403,725 for the DeNova Homes project (Subdivision 8352).
g) $ 621,500 for the Schuler (Sciortino) project (Subdivision 8413).
h) $1,512,000 for the William Lyon (Yamanaka) project (Subdivision 8424).
i) $ 162,388 for the Brentwood Station Commercial Project on Lone Tree Way, east of the Highway 4 Bypass.
j) $ 146,000 for the Albers 10-Acre Commercial project on the north side of Lone Tree Way, east and adjacent to the Winco Development.
k) $ 267,419 for the Brentwood Partners LLC Commercial Project on Lone Tree Way.
l) $ 34,034 for the Resurrection Ministries Church project on the southwest corner of Sand Creek Road and Fairview Avenue.

12. Prepayment of Wastewater Facilities Fee;
Prepayment of wastewater improvement fees to fund Capital Improvements to the City’s Wastewater Treatment System.
a) $ 137,345 for the Mission Peak “Amber Park” project (Subdivision 8470).
b) $ 275,234 for the Centex “Montelena” project (Subdivision 8469).
c) $ 10,807 for the Pringle “Stonegate” project (Subdivision 8408).
d) $ 288,742 for the Ponderosa project (Subdivision 8460).
e) $ 292,864 for the DeNova Homes project (Subdivision 8352).
f) $ 519,800 for the Schuler (Sciortino) project (Subdivision 8413).
g) $ 882,000 for the William Lyon (Yamanaka) project (Subdivision 8424).
h) $ 132,751 for the Brentwood Station Commercial Project on Lone Tree Way, east of the Highway 4 Bypass.
i) $ 53,873 for the Golden Hills church expansion project on the southwest corner Lone Tree Way and Shady Willow Lane.
j) $ 119,354 for the Albers 10-Acre Commercial project on the north side of Lone Tree Way, east and adjacent to the Winco Development.
k) $ 218,613 for the Brentwood Partners LLC Commercial Project on Lone Tree Way.
l) $ 27,823 for the Resurrection Ministries Church project on the southwest corner of Sand Creek Road and Fairview Avenue

13. Prepayment of Roadway Facilities Fee;
Prepayment of roadway facilities fees to fund Capital Improvements to the City’s roadway System. 
a) $ 395,686 for Curran-Martin “Golden Eagle at LT” project (Subdivision 
8281).
b) $ 534,265 for the Centex “Montelena” project (Subdivision 8469).
c) $ 314,174 for the Pringle “Stonegate” project (Subdivision 8408).
d) $ 175,318 for the Brentwood Station Commercial Project on Lone Tree Way, east of the Highway 4 Bypass.
e) $ 21,472 for the Albers South Commercial project on the south side of 
Lone Tree Way, east of current Fairview Avenue.
f) $ 340,491 for the Moita Acorn Storage Commercial project on the north 
side of Lone Tree Way, east of current Fairview Avenue.
g) $ 213,456 for the Albers 10-Acre Commercial project on the north side 
of Lone Tree Way, east and adjacent to the Winco Development.
h) $ 325,589 for the Brentwood Partners LLC Commercial Project on Lone Tree Way.
i) $ 62,152 for the Resurrection Ministries Church project on the 
southwest corner of Sand Creek Road and Fairview Avenue.
j) $ 710,533 for the AIG Baker Commercial property on the south side of Sand Creek Road, east of the Highway 4 Bypass.

14. Prepayment of Parks and Trails Fee;
Prepayment of parks and trails fees to accelerate projects within the city.
a) $ 61,661 for the DeNova Homes project (Subdivision 8352).
b)$ 110,000 for the Schuler (Sciortino) project (Subdivision 8413).
c) $ 790,650 for the William Lyon (Yamanaka) project (Subdivision 8424).

15. Possible Additional Items of Work include: 

a) Lone Tree Way, 
b) Fairview Avenue, 
c) Empire Avenue, 
d) Shady Willow Lane, 
e) Oak Street and 
f) Sycamore Avenue.




INSTRUCTIONS ON SIGNING PETITION

This petition is for the signatures of persons or firms owning property within the proposed district. Only the signatures of owners will be counted. The signatures of renters or lessees will not be counted under the law.

Owners are those whose names appear in the records of the County Assessor. If you have purchased the property very recently, your name may not yet appear in the County Assessor's records.

The petition may be signed by the following persons:

1. If two or more persons own the property as tenants-in-common, any one tenant-in-common may sign for all.

2. If two or more persons own the property in joint tenancy, any one joint tenant may sign for all.

3. If the property is held by husband and wife, but not as tenants-in-common or as joint tenants, both must sign the petition unless the County Assessor's records show that they own the property as husband and wife (for example, "John Jones and Mary Jones, his wife" or "John Jones and Mary Jones, as community property"); in that case either may sign for both.

4. If the property is owned by a partnership, any general partner may sign.

5. If the property is owned by a corporation, the petition may be signed for the corporation by any officer or officers authorized to make contracts by the corporate by-laws or by resolution of the corporation's Board of Directors. The seal of the corporation should be affixed.

Property Description

After the signature, please fill in the date of signing and a description of the property owned. The preferred description is the County Assessor's parcel number. This is the number that appears on the property tax bill.

Checking the Petition

The signatures on the petition will be checked against the records of the County Assessor. Only those owners who appear to be such on the Assessor's records at the time the petition is filed (not the time it is signed) can be counted in calculating the adequacy of the petition.

The petition must be signed by owners representing at least sixty percent (60%) of the land area proposed to be assessed. If the petition is signed by an owner of forty percent (40%) or more in land area, and any of the remaining property is used primarily for residential purposes, the owners of fifty percent (50%) in land area of property which is not owned by the owner of forty percent (40%) or more in land area must sign the petition if it is to be effective. Notice that the calculation is based on land area of property owned, not on assessed valuation, amount of proposed assessment or number of owners.


CERTIFICATE RE PETITION
ASSESSMENT DISTRICT NO. 2002-1
CITY OF BRENTWOOD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA


I, the undersigned, certify:
I have examined a “Petition for Special Assessment Proceedings” signed by owners of land shown on the map entitled “Proposed Boundaries of Assessment District No. 2002-1, City of Brentwood, County of Contra Costa, State of California.”
I have compared the names on the petition with the names of owners of land as shown on the records of the County Assessor.
I find the petition to have been signed by owners of more than sixty percent (60%) in area of the land subject to assessment within the boundaries shown on the above-entitled map. 
I calculate that the owners of 100% of the described land have signed the petition.
Dated: June 11, 2002

BALWINDER S. GREWAL, City Engineer of the City of Brentwood, as Engineer of Work 



By____________________________________



City of Brentwood
Assessment District No. 2002-1

Notice of Public Hearing and Assessment Ballot Procedure

Pursuant to the provisions of the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code; hereafter referred to as the “1913 Act”), Section 53753 of the California Government Code, and Section 4 of Article XIIID of the California Constitution, the City of Brentwood (the “City”) hereby gives notice as follows: 

1. At 7:30 p.m. on August 13, 2002, in the Council Chambers of the City Council of the City at 734 Third Street, Brentwood, California 94513, said City Council (the “City Council”) will hold a public hearing respecting the proposed Assessment District No. 2002-1 (the “Assessment District”) to hear and consider objections and protests respecting (a) the public improvement project which is being financed with special assessments to be levied upon benefited parcels of land within the Assessment District, (b) the extent of the Assessment District, (c) the estimated cost and expense of the project, (d) the amounts of the assessments proposed to be levied upon the benefited parcels, and (e) the method or formula by which benefit has been estimated and any other aspect of the proposed Assessment District to which any interested person may want to object or protest. 

2. The public improvements and the incidental costs and expenses of improvement project design and implementation, legal proceedings, and bond financing which are the subject of the proposed Assessment District are described in the Engineer’s Report for the proposed Assessment District on file with the City Clerk (the “Clerk”), at 150 City Park Way, Brentwood. The estimated cost and expense to be assessed to the benefited parcels also includes related engineering expenses, fees for various professional services related to formulation and implementation of the Assessment District, and costs of issuance respecting the proposed tax-exempt improvement bonds. Interested persons are referred to the Clerk’s office to examine the Engineer’s Report for further information on the details of the public improvements and the estimated cost and expense. 

3. A brief description of the public improvements is attached hereto as Exhibit A. The present best estimate of the total cost and expense of the proposed project and related assessment proceedings and bond financing and therefore the total amount to be assessed against the benefited parcels, including yours, is approximately $__________. Please see Exhibit D, Assessment Roll, attached for the amount of the assessment proposed for your parcel or parcels. The reason that an assessment is proposed for your parcel or parcels is that the City Council has determined, preliminarily, that such property is specially benefited by the proposed public improvements. The basis upon which the amount of the proposed assessment was calculated is set forth in Exhibit E of the Engineer’s Report, a copy of which is attached hereto.

Reference is made to Exhibit F of the Engineer’s Report for an Assessment Diagram showing the individual parcels proposed to be assessed.

4. The City Council intends, pursuant to subparagraph (f) of Section 10204 of the 1913 Act, to authorize 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, in an amount not to exceed _______ percent (___ %) of the annual installment levied upon each parcel in said assessment district. This annual assessment shall be in addition to any fee charged pursuant to Sections 8682 and 8682.1 of the Streets and Highways Code. 

5. It is the intention of the City Council that any delinquent assessment installment shall be subject to the same penalties and interest as are applicable to general property taxes, and that the Tax Collector of the County of Contra Costa shall collect such penalties with and as a part of such delinquent assessment installments, and all penalties collected shall be deposited into the bond redemption fund for such bonds.

6. Assuming the City Council levies assessments as intended, property owners will be provided an opportunity to pay all or any part of such assessments in cash unless this entitlement is waived in writing by 100% of such property owners. Following the termination of the cash payment period, bonds representing unpaid assessments and bearing interest at a rate not to exceed twelve percent (12.0%) per annum shall be issued by the City Council pursuant to 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-nine (29) years from the second day of September next succeeding twelve (12) months from their date. These estimates are subject to change, and the actual duration of payments and interest rate will be determined only at the time of the bond sale. 

7. For further particulars, you may refer to the Resolution of Intention and the Engineer’s Report, both of which are on file with the Clerk. Inquiries about the assessment proceedings will be answered by Balwinder S. Grewal, City Engineer, as Engineer of Work, City of Brentwood, 150 City Park Way, Brentwood, CA 94513, at telephone (925) 516-5420.

8. As provided by Section 4 of Article XIIID of the California Constitution and Section 53753 of the California Government Code, an Official Property Owner Assessment Ballot has been enclosed with this notice, along with a self-addressed, return envelope by which the assessment ballot may be returned to the Clerk. Please note that this is THE OFFICIAL ASSESSMENT BALLOT and not a sample ballot. No further assessment ballot will be provided to you. This assessment ballot may be used by the owner or owners of any parcel to express either support for or opposition to the proposed assessment. Please see the assessment ballot for instructions respecting the alternatives methods for submitting the ballot either by mail (which may be done using the enclosed envelope but requires the user to provide the required postage) or by personal delivery, either prior to or at the time of the public hearing of protests, including continuations of said public hearing. See enclosed ballot for further instructions.

The assessment ballots are public documents and may be reviewed and tabulated upon receipt. Immediately following the close of the public hearing of protests, whether on August 13, 2002 or at the conclusion of any continuation of said hearing to a later date or to later dates, the returned assessment ballots will be tabulated, both in support of and in opposition to the assessment, with assessment ballots being weighted in accordance with the amount of the proposed assessment, and the results will be announced; provided that, in the event the Clerk requires opportunity to determine (a) whether any assessment ballot has been properly signed by an owner or authorized representative of an owner or (b) any other matter respecting any assessment ballot and its proper treatment in the assessment ballot procedure, the City Council reserves entitlement to continue the matter of announcing results to provide the Clerk with such opportunity.

In the event that assessment ballots in opposition exceed assessment ballots in support, there will be a “majority protest,” and the City Council will be precluded from proceeding with the proposed assessment.

9. Property owners wishing to preserve the opportunity to file a lawsuit challenging the assessment, if levied, are required by law to file a written protest with the Clerk and to state therein the specific grounds of protest. Any grounds of protest not stated in a written protest filed with the Clerk prior to the close of the public hearing of protests are deemed waived in any subsequent lawsuit and may not be raised in such lawsuit.


DATED: June 11, 2002 
Karen Diaz,


Cty Clerk, City of Brentwood


Attachments: Exhibit A - Brief Description of Public Improvements
(There are no Exhibits B and C attached)
Exhibit D - Assessment Roll
Exhibit E - Description of Assessment Spread Method

Enclosures: Return Envelope (postage not provided)
Official Property Owner Assessment Ballot

[Form of Agreement]






CITY OF BRENTWOOD
(CIFP 2002-1 AND ASSESSMENT DISTRICT NO. 2002-1)

DEPOSIT AND REIMBURSEMENT AGREEMENT

By and Between

CITY OF BRENTWOOD

and

[DEVELOPER]

_________________________

Dated as of June 11, 2002

DEPOSIT AND REIMBURSEMENT AGREEMENT
City of Brentwood
(CIFP 2002-1 and Assessment District No. 2002-1)

Recitals
B. The parties to this agreement are the CITY OF BRENTWOOD, a California general law city (the “City”), and [DEVELOPER] (the “Developer”).
The effective date of this agreement shall be June 11, 2002.
C. The Developer has requested the City to prepare a capital improvement financing plan (“CIFP 2002-1”) for public improvements related to the development of the Developer’s property and other property located in the City and owned by other developers.
D. The Developer has requested the City to implement special assessment proceedings for the purposes stated in the petitions, said proceedings to be taken pursuant to the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code), and to issue and sell limited obligation improvement bonds of the City upon the security of the unpaid special assessments levied and recorded against certain real property which the Developer has acquired or is in the process of acquiring and developing in accordance with CIFP 2002-1.
E. In the event the City is able to accomplish sale and delivery of the limited obligation improvement bonds, pursuant to the Improvement Bond Act of 1915 (Sections 8500 and following, Streets and Highways Code) (hereafter the “1915 Act Bonds”), the City intends to utilize the proceeds of sale thereof pursuant to the terms and conditions of this agreement to (1) reimburse the Developer for the deposit required by this agreement and (2) acquire the completed public improvements from the Developer, all in accordance with and subject to the terms and conditions of this agreement.
F. In consideration for the mutual undertakings of the parties stated herein, the parties agree as follows.
Agreement
Section 1. The foregoing recitals are true and correct, and the parties expressly so acknowledge.
Section 2. Forthwith upon approval of this agreement by the City Council of the City and execution hereof by the authorized representatives of the parties, the Developer will deposit with the City $5,000 into a special fund to be established and maintained by the City and to be known as the “Assessment District No. 2002-1 Improvement Fund.” The City is authorized to disburse amounts from said fund, from time to time, to pay preliminary and incidental costs and expenses incurred by the City in connection with the City’s proceedings to implement the proposed CIFP 2002-1 and Assessment District No. 2002-1 as requested by the Developer. Without limiting the generality of the foregoing, the City may disburse amounts from said fund to other appropriate funds or accounts of the City to reimburse the City for the reasonable cost of staff time devoted to said proceedings, as well as to pay third party invoices from consultants retained by the City to assist the City in the implementation of the proposed CIFP 2002-1 and Assessment District No. 2002-1.
In the event that the balance in said fund is drawn down to an amount of less than $1,000, the City may notify the Developer of such fact, and the Developer shall forthwith provide the City with an additional deposit of $1,000 to assure the continued availability of funds for the payment of such preliminary expenses.
Section 3. Upon receipt of a written engineer’s report prepared in accordance with and containing the matters required by Section 10204 of the Streets and Highways Code, the City agrees to proceed with all due diligence in conducting and completing the legal proceedings pursuant to the Municipal Improvement Act of 1913, leading to recording of the special assessments levied upon the various parcels of land of the Developer as foreclosable liens upon such parcels. The City Engineer, as the Engineer of Work for said legal proceedings, shall be instructed to include in the incidental expenses listed in the cost estimate in the written engineer’s report an amount estimated to be sufficient to reimburse the Developer for the full amount of the deposits made and to be made by the Developer pursuant to this agreement.
Section 4. The City shall proceed with all due diligence to accomplish issuance and sale of the 1915 Act Bonds upon the security of the recorded assessments to accomplish the authorized purposes of Assessment District No. 2002-1, including but not limited to reimbursement to the Developer for its deposit or deposits pursuant to this agreement and to acquire the completed work and improvements from the Developer upon completion; it being expressly understood that the City has no obligation to proceed with such acquisition until the subject work and improvements have been fully completed to the satisfaction of the City, as determined by the City Engineer of the City or his designee, in the sole discretion of such person, such discretion not to be exercised arbitrarily or unreasonably.
Section 5. The City agrees to use its best efforts to accomplish a public offering and sale of the proposed 1915 Act Bonds, it being understood that the City intends to accomplish such offering and sale through a negotiated sale to RBC Dain Rauscher Inc., San Francisco, California. To enable the City and RBC Dain Rauscher Inc. to prepare an Official Statement to be utilized in connection with RBC Dain Rauscher Inc.’s public offering of the proposed 1915 Act Bonds, the Developer agrees to provide such financial information, development program information, title reports, appraisal reports, and such other information as RBC Dain Rauscher Inc. may consider material in connection with preparing the Official Statement and determining feasibility and structure of the proposed 1915 Act Bond issue. Such reports and information shall be provided to the City and to RBC Dain Rauscher Inc. at no cost to either, and the actual cost and expense of the Developer shall be eligible for reimbursement from bond sale proceeds, provided that sufficient allowance has been made in the cost estimate and bond sale for that purpose.
Section 6. Prior to the issuance or sale of the bonds, the City and the Developer shall enter into an acquisition agreement setting forth, among other things, the terms upon which the City will acquire said improvements.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized representatives as of the effective date stated above.
CITY OF BRENTWOOD


By 
City Manager
[DEVELOPER]



By 
Name

Title

CITY OF BRENTWOOD
ASSESSMENT DISTRICT NO. 2002-1
IMPORTANT – OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT
This assessment ballot is for the use of the property owner of the parcel identified below, which parcel is located within the proposed City of Brentwood Assessment District No. 2002-1. Please advise Balwinder S. Grewal, the Engineer of Work for the assessment district, at (925) 516-5420 if the name set forth below is incorrect or if you are no longer the owner of this parcel. 
This assessment ballot may be used to express either support for or opposition to the proposed assessment district. In order to be counted, this assessment ballot must be signed below by an owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the Clerk, either by mail or in person, as follows:
Mail Delivery: If by mail, place ballot in the return envelope provided, affix first class postage, and mail not later than one calendar week prior to August 13, 2002, or any date to which the public hearing scheduled for that date is continued. Mailing later than this deadline creates the risk that the assessment ballot may not be received in time to be counted.
Personal Delivery: If in person, to the Clerk at any time up to 4:30 p.m. on August 13, 2002, or any date to which the public hearing scheduled for that date is continued, at the Clerk’s office at 150 City Park Way, Brentwood, California 94513, or at the protest hearing itself on that date or any continuation thereof at the Council Chambers at 734 Third Street, Brentwood, California 94513.
However delivered, this ballot must be received by the Clerk prior to the close of the public hearing, whether on August 13, 2002, or any date to which the public hearing is continued, to be counted.
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL ASSESSMENT BALLOT
Property Owner Name: ________________________________________ 
Assessment No.____ Parcel No.______________ Amount of Assessment$____________
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of Brentwood establish the proposed Assessment District No. 2002-1, levy an assessment not to exceed the amount set forth above on the parcel identified, issue bonds in the amount of unpaid assessments, and proceed with the proposed public improvement project? Yes _____No _____

Date : _______________________________, 2002
Owner Signature : _______________________________________________________
City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov