Discussion and possible action to adopt VCFD RES. 2024-02 approving and authorizing the execution of the Second Amendment to the Amended and Restated District Development, Financing Participation, and Intergovernmental Agreement.

The Vistancia Community Facilities District ("CFD") Agreement is the primary agreement between the CFD, the City of Peoria and the developer providing for the manner in which the CFD will finance and acquire infrastructure from the developer and the rights and obligations of the developer.

In September 2020, Council approved a Resolution authorizing requirements for the developer to provide a Letter of Credit Indemnity Deposit of $1.5 million for the first year and $1.0 million thereafter.

After negotiations with the parties to the Vistancia CFD Agreement, the CFD Board is asked to consider the attached Resolution, approving and authorizing the execution of the attached Second Amendment to the Amended and Restated District Development, Financing Participation and Intergovernmental Agreement to reduce the amount of the Letter of Credit (Indemnity) from $1,000,000 to $350,000.

The Second Amendment to the Amended and Restated Agreement will also be presented to the City Council for approval on May 7, 2024.

In September 2020, Council approved a Resolution authorizing the Amended and Restated District Development, Financing Participation, and Intergovernmental Agreement.

In June 2021, the Council approved a Resolution authorizing the First Amendment to the Amended and Restated District Development, Financing Participation, and Intergovernmental Agreement effecting the assignment of rights and obligations to a single purpose entity, Vistancia Development LLC.

Staff recommends adoption of the attached Resolution as presented.

The developer, guarantor and indemnitor of the CFD, Vistancia Development LLC is a single purpose limited liability company created by the investors and managing members for the sole purpose of managing and developing the Vistancia project.  The ability of this entity to fully indemnify the CFD and City against claims and losses is limited, creating risks for the CFD and City. To mitigate  such risks, the developer is required to provide a letter of credit deposit of $350 thousand. The deposit will remain in place until all debt is paid off and the CFD is inactive for five consecutive years. The CFD has the authority to assess an operation and maintenance tax of up to $0.30 per $100 of assessed valuation for expenses but has not assessed this tax since inception and does not plan to do so.