HomeMy WebLinkAboutOrd. No. 2011-1289ORDINANCE NO. 2011-1289
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX
AND A SPECIAL TAX
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the
"City") has previously established City of Lake Elsinore Community Facilities District No.
2006-1 (Summerly) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of
1982, as amended (the "Act'), to finance a portion of the cost of providing parks, open
space and storm drains maintenance services (the "Services") that are in addition to
those provided in the territory within the CFD prior to the formation of the CFD, and to
finance the purchase, construction, expansion or rehabilitation of certain real and other
tangible property with an estimated useful life of five years or longer, including public
infrastructure facilities and other governmental facilities, which the city is authorized by
law to construct, own or operate (the "Facilities"); and
WHEREAS, the Council has received a petition requesting the institution of
proceedings to (i) dissolve Improvement Area No. 1, Improvement Area No. 2 and
Improvement Area No. 3 of the CFD, (ii) designate new improvement areas within the
CFD for the purpose of financing various public improvements, (iii) authorize the levy of
special taxes within each of the new improvement areas of the CFD, (iv) authorizing the
issuance of bonds for each of the new improvement areas of the CFD, and (v) establish
an appropriations limit for each of the new improvements of the CFD;
WHEREAS, the Council has heretofore adopted Resolution No. 2011-005
('Resolution No. 2011-005") dissolving Improvement Area No. 1 (except for APNs 371-
311-005, 371-311-006, 371-311-007, 371-311-008, 371-311-009, 371-311-016, 371-
324-003, 371-324-009, 371-324-010), Improvement Area No. 2 and Improvement Area
No. 3 of the CFD and designating portions of the CFD as Improvement Area A,
Improvement Area B, Improvement Area C, Improvement Area D, Improvement Area E,
and Improvement Area F (each an "Improvement Area," and collectively, the
"Improvement Areas") pursuant to the Act; and
WHEREAS, the Council has heretofore adopted Resolution No. 2011-006 stating
its intention and the necessity to incur bonded indebtedness in the amount of not to
exceed $4,000,000, $6,500,000, $7,000,000, $9,000,000, $6,500,000 and $7,000,000
for Improvement Area A, Improvement Area B, Improvement Area C, Improvement Area
D, Improvement Area E and Improvement Area F, respectively, to be issued for the
purpose of financing the purchase, construction, expansion or rehabilitation of the
Facilities; and
WHEREAS, on March 8, 2011, this Council held a noticed public hearing as
required by law on the proposed rate and method of apportionment and manner of
collection of the special tax to be levied within each Improvement Area to pay for the
Services and the rate and method of apportion and manner of collection of the special
tax to be levied within each Improvement Area to pay the principal and interest on the
76998066.1
proposed bonded indebtedness of each Improvement Area of the CFD, and relative to
the necessity for authorizing the bonds, the purpose for which the bonds are to be
issued, the amount of the proposed debt, the maximum term of the bonds and the
maximum annual rate of interest to be paid; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2011-119 determining the validity of prior proceedings; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2011-120 which called an election within each Improvement Area of the CFD for March
8, 2011 on the proposition of incurring bonded indebtedness, levying a special tax and
setting an appropriations limit; and
WHEREAS, on March 8, 2011, an election was held within each Improvement
Area in which the eligible electors approved by more than two-thirds vote the
proposition of incurring bonded indebtedness, levying a special tax, and setting an
appropriations limit.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE
LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2006-1 (SUMMERLY), DOES ORDAIN AS FOLLOWS:
SECTION 1. A special tax (the "Services Special Tax") is levied within the
boundaries of each Improvement Area of the CFD pursuant to the formula set forth in
Exhibit "A" attached hereto and incorporated by reference in an amount necessary to
pay all of the costs of providing the Services, periodic costs, and costs of the tax levy
and collection, and all other costs.
SECTION 2. A special tax (the "Special Tax") is levied within the boundaries of
each Improvement Area of the CFD pursuant to the formulas set forth in Exhibit "A"
attached hereto and incorporated by reference in an amount necessary to pay all of the
costs of providing the Facilities, periodic costs, and costs of the tax levy and collection,
and all other costs including amounts payable with respect to the bonded indebtedness.
SECTION 3. This legislative body is hereby further authorized each year, by
resolution adopted as provided in section 53340 of the Act, to determine the specific
special tax rate and amount to be levied for the then current or future tax years, except
that the special tax rate to be levied shall not exceed the maximum rate set forth in
Exhibit "A."
SECTION 4. All of the collections of the Services Special Tax and Special Tax
shall be used as provided for in the Act and Resolution No. 2011-119 of the Council
(Resolution Determining Validity).
SECTION 5. The above authorized Services Special Tax and the Special Tax
shall be collected in the same manner as ordinary ad valorem taxes are collected and
shall be subject to the same penalties and the same procedure and sale in cases of
delinquency and provided for ad valorem taxes; provided, however, the CFD may
76998066.1
collect the Services Special Tax and the Special Tax at a different time or in a different
manner if necessary to meet its financial obligations.
SECTION 6. The Mayor shall sign this ordinance and the City Clerk shall attest
to such signature. The City Clerk is directed to cause the title and summary or text of
the this ordinance, together with the vote thereon, to be published within fifteen (15)
days after its passage at least once in a newspaper of general circulation published and
circulated within the territorial jurisdiction of the City, and to post at the main office of the
City a certified copy of the full text of the adopted ordinance along with the names of the
council Members voting for and against the ordinance.
SECTION 7. This ordinance relating to the levy of the services special tax and
the Special Tax takes effect and shall be in force from and after 30 days from the date
of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board
of Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of
Riverside County.
INTRODUCED AND APPROVED UPON FIRST READING this 8th day of March,
2011, upon the following roll call vote:
AYES: COUNCILMEMBERS HICKMAN, TISDALE, MELENDEZ,
MAYOR PRO TEM MAGEE and MAYOR BHUTTA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
yor
City of Lake Elsinore
ATTEST:
APPROVED AS TO FORM:
BbAara Zeid Le§bold, City Attorney
City of Lake Elsinore
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EXHIBIT "A"
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
(IMPROVEMENT AREA A)
(IMPROVEMENT AREA B)
(IMPROVEMENT AREA C)
(IMPROVEMENT AREA D)
(IMPROVEMENT AREA E)
(IMPROVEMENT AREA F)
76998066.1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that
the foregoing Ordinance No. 1289 was introduced at a regular meeting of the City Council of the
City of Lake Elsinore on the 81h day of March 2011, and was finally passed at a regular meeting
of the City Council of the City of Lake Elsinore held on the 22" day of March, 2011 by the
following roll call vote:
AYES: Council Members Hickman, Tisdale, Melendez, Mayor Pro Tem Magee
and Mayor Bhutta
NOES: None
ABSENT: None
ABSTAIN: None
Virginia . loo
City Clerk
76998066.!
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2006-1
(SUMMERLY)
IMPROVEMENT AREA A
A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community
Facilities District No. 2006-1 (Summerly) ("CFD No. 2006-1 (IA A)") and collected each Fiscal Year
commencing in Fiscal Year 2010-2011, in an amount determined through the application of this Rate
and Method of Apportionment as described below. All of the real property in CFD No. 2006-1 (IA
A), unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent
and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown
on the applicable final map, parcel map, condominium plan, or other recorded County parcel
map.
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1,
Division 2 of Title 5 of the California Government Code.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 2006-1 (IA A): the costs of computing the
Special Taxes and preparing the annual Special Tax collection schedules (whether by the
City or designee thereof or both); the costs of collecting the Special Taxes (whether by the
City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the
Trustee (including its legal counsel) in the discharge of the duties required of it under the
Indenture; the costs to the City, CFD No. 2006-1 (IA A) or any designee thereof of
complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006-1 (IA A)
or any designee thereof of complying with disclosure requirements of the City, CFD No.
2006-1 (IA A) or obligated persons associated with applicable federal and state securities
laws and the Act; the costs associated with preparing Special Tax disclosure statements and
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No.
2006-1 (IA A) or any designee thereof related to an appeal of the Special Tax; the costs
associated with the release of funds from an escrow account; and the City's annual
administration fees and third party expenses. Administrative Expenses shall also include
amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2006-1
(IA A) for any other administrative purposes of CFD No. 2006-1 (IA A), including attorney's
fees and other costs, and attorney's fees and other costs related to commencing and pursuing
to completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area A Page 1
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land
Use Class of Developed Property, as determined in accordance with Section C. L(b) below.
"Authorized Facilities" means those authorized improvements, as listed in an exhibit to the
Resolution of Formation.
"Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each
Assessor's Parcel of Developed Property, as determined in accordance with Section C.L(c)
below.
"Certificate of Occupancy" means a certificate issued by the City that authorizes the actual
occupancy of a dwelling unit for habitation by one or more residents.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement for Facilities, the Special Tax Requirement for
Services as determined in accordance with Section I below, and providing for the levy and
collection of the Special Taxes.
"CFD No. 2006-1" means City of Lake Elsinore Community Facilities District No. 2006-1
(Summerly).
"CFD No. 2006-1 (IA A)" means Improvement Area A of CFD No. 2006-1 as identified on
the boundary map for CFD No. 2006-1.
"CFD No. 2006-1 (IA A) Bonds" means any bonds or other debt (as defined in Section
53317(d) of the Act), whether in one or more series, issued by CFD No. 2006-1 (IA A) and
secured solely by the Special Tax for Facilities levy on property within the boundaries of
CFD No. 2006-1 (IA A) under the Act.
"City" means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the legislative
body of CFD No. 2006-1 (IA A).
"County" means the County of Riverside.
"Developed Property" means, with respect to the Special Tax for Facilities, for each Fiscal
Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property
Owner Association Property, for which the Final Subdivision was recorded on or before
January 1 of the prior Fiscal Year and a building permit for new construction was issued on
or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for
Facilities is being levied.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area A Page 2
"Final Subdivision" means (i) a final map, or portion thereof, approved by the City pursuant
to the Subdivision Map Act (California Government Code Section 66410 et seg.) that creates
individual lots for which building permits may be issued, or (ii) for condominiums, a final
map, or portion thereof, approved by the City and a condominium plan recorded pursuant to
California Civil Code Section 1352 that creates individual lots for which building permits
may be issued.
"Funding Agreement" means the Funding, Construction and Acquisition Agreement entered
into by the City, on behalf of CFD No. 2006-1, as it may be amended.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which CFD No. 2006-1 (IA A) Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table 1 below.
"Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities,
determined in accordance with Section C below, that can be levied in any Fiscal Year on any
Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit permitting the construction of one or more non-residential units or facilities
has been issued by the City.
"Outstanding Bonds" means all CFD No. 2006-1 (IA A) Bonds which are deemed to be
outstanding under the Indenture.
"Property Owner Association Property" means, for each Fiscal Year, any property within
the boundaries of CFD No. 2006-1 (IA A) that was owned by a property owner association,
including any master or sub-association, as of January 1 of the prior Fiscal Year.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax for
Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor's Parcels of
Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the
actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per
Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately"
may similarly be applied to other categories of Taxable Property as listed in Section D below.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of
CFD No. 2006-1 (IA A) owned by, irrevocably offered or dedicated to, or over, through or
under which an easement for purposes of public use has been granted, to the federal
government, the State, the County, the City, the Lake Elsinore Unified School District, or any
local government or other public agency as of January 1 of the previous Fiscal Year,
provided that any property leased by a public agency to a private entity and subject to
taxation under Section 53340.1 of the Act shall be taxed and classified according to its use;
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) -Improvement Area A Page 3
or (ii) any property within the boundaries of CFD No. 2006-1 (IA A) that was encumbered,
as of January 1 of the previous Fiscal Year, by an unmanned utility easement making
impractical its utilization for other than the purpose set forth in the easement.
"Residential Floor Area" means all of the square footage of living area within the perimeter
of a residential structure, not including any carport, walkway, garage, overhang, patio,
enclosed patio, or similar area. The determination of Residential Floor Area for an
Assessor's Parcel shall be made by reference to the building permit(s) issued for such
Assessor's Parcel.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit permitting the construction thereon of one or more residential dwelling units
has been issued by the City.
"Resolution of Formation" means the resolution of formation for CFD No. 2006-1 (IA A).
"Special Tax" means any of the special taxes authorized to be levied by CFD No. 2006-1
(IA A) pursuant to the Act.
"Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Developed Property, Taxable Property Owner Association Property,
Taxable Public Property, and Undeveloped Property to fund the Special Tax Requirement for
Facilities.
"Special Tax Requirement for Facilities" means that amount required in any Fiscal Year
for CFD No. 2006-1 (IA A) to: (i) pay debt service on all Outstanding Bonds due in the
calendar year commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2006-
1 (IA A) Bonds, including but not limited to, credit enhancement and rebate payments on the
CFD No. 2006-1 (IA A) Bonds due in the calendar year commencing in such Fiscal Year;
(iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any
reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax for
Facilities delinquencies; (vi) pay directly for acquisition or construction of Authorized
Facilities to the extent that the inclusion of such amount does not increase the Special Tax for
Facilities levy on Undeveloped Property; less (vii) a credit for funds available to reduce the
annual Special Tax for Facilities levy, as determined by the CFD Administrator pursuant to
the Indenture.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
2006-1 (IA A) which are not exempt from the Special Tax for Facilities pursuant to law or
Section E below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of Property
Owner Association Property that are not exempt pursuant to Section E below.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area A Page 4
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt pursuant to Section E below.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property, Taxable Property Owner Association Property, or Taxable Public
Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2006-1 (IA A) shall be classified as
Developed Property, Taxable Public Property, Taxable Property Owner Association Property,
or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate
and Method of Apportionment determined pursuant to Sections C and D below. Residential
Property shall be assigned to Land Use Classes 1 through 14 as listed in Table 1 below based
on the Residential Floor Area for each unit. Non-Residential Property shall be assigned to
Land Use Class 15. With respect to Residential Property, the Residential Floor Area shall be
determined from the most recent building permit issued prior to the issuance of a Certificate
of Occupancy for such Assessor's Parcel.
C. MAXIMUM SPECIAL TAX FOR FACILITIES
Prior to the issuance of the first building permit within CFD No. 2006-1 (IA A), the Assigned
Special Tax for Facilities on Developed Property (set forth in Table 1), and the Backup
Special Tax for Facilities attributable to a Final Subdivision, may be reduced in accordance
with, and subject to the conditions set forth in this paragraph. If it is reasonably determined
by the CFD Administrator that the overlapping debt burden (as defined in the Statement of
Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982 adopted
by the City Council, the "Goals and Policies") calculated pursuant to the Goals and Policies
based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City's
maximum overlapping debt burden set forth in such document, the Assigned Special Tax for
Facilities on Developed Property, and the Backup Special Tax for Facilities attributable to a
Final Subdivision, may be reduced to the maximum overlapping debt burden level with the
written consent of the CFD Administrator. The reductions permitted pursuant to this
paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall
cause to be recorded by executing a certificate in substantially the form attached hereto as
Exhibit "A".
In addition, prior to the issuance of CFD No. 2006-1 (IA A) Bonds, the Assigned Special Tax
for Facilities on Developed Property and the Backup Special Tax for Facilities attributable to
a Final Subdivision may be reduced upon the written request of the "Owner" under the
Funding Agreement. Such written request shall include, at a minimum, the amount of the
reduced tax requested for each Land Use Class shown in Table 1 below. The City and CFD
Administrator shall review the written request, and if approved, the reductions permitted
pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) -Improvement Area A Page 5
the City shall cause to be recorded by executing a certificate in substantially the form
attached hereto as Exhibit "A".
Developed Property
(a) Maximum Special Tax for Facilities
The Maximum Special Tax for Facilities for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by application of
the Assigned Special Tax for Facilities or (ii) the amount derived by application of
the Backup Special Tax for Facilities.
(b) Assigned Special Tax for Facilities
The Fiscal Year 2010-2011 Assigned Special Tax for Facilities for each Land Use
Class is shown below in Table 1.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area A Page 6
TABLE 1
Assigned Special Tax for Facilities for Developed Property
Community Facilities District No. 2006-1
(Improvement Area A)
Fiscal Year 2010-2011
.'i ~g
01
Tadsg t
F... Cass s _
1
S 4
;r
r
y . r Aescrspt~oq
Residential Property
Resrc)e~zttal
MN015EF
On,
F1oar Aria`
Less than 1,100 sq. ft.
s-agnad Speotai,Tax
Por Facihtt~s .
$550 per unit
2
Residential Property
1,100 - 1,299 sq. ft.
$625 per unit
3
Residential Property
1,300 - 1,499 sq. ft.
$700 per unit
4
Residential Property
1,500 - 1,699 sq. ft.
$775 per unit
5
Residential Property
1,700 - 1,899 sq. ft.
$850 per unit
6
Residential Property
1,900 - 2,099 sq. ft.
$925 per unit
7
Residential Property
2,100 - 2,299 sq. ft.
$1,000 per unit
8
Residential Property
2,300 - 2,499 sq. ft.
$1,050 per unit
9
Residential Property
2,500 - 2,699 sq. ft.
$1,125 per unit
10
Residential Property
2,700 - 2,899 sq. ft.
$1,175 per unit
11
Residential Property
2,900 - 3,099 sq. ft.
$1,250 per unit
12
Residential Property
3,100-3,299 sq. ft.
$1,300 per unit
13
Residential Property
3,300 - 3,499 sq. ft.
$1,375 per unit
14
Residential Property
More than 3,500 sq. ft.
$1,450 per unit
15
Non-Residential Property
NA
$6,834 per Acre
(c) Backup Special Tax for Facilities
The Fiscal Year 2010-2011 Backup Special Tax for Facilities attributable to a Final
Subdivision will equal $6,834, multiplied by the Acreage of all Taxable Property,
exclusive of any Taxable Property Owner Association Property and Taxable Public
Property, therein. The Backup Special Tax for Facilities for each Assessor's Parcel
of Residential Property shall be computed by dividing the Backup Special Tax for
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) -Improvement Area A page 7
Facilities attributable to the applicable Final Subdivision by the number of Assessor's
Parcels for which building permits for residential construction have or may be issued
(i.e., the number or residential lots). The Backup Special Tax for Facilities for each
Assessor's Parcel of Non-Residential Property therein shall equal $6,834 multiplied
by the Acreage of such Assessor's Parcel.
If a Final Subdivision includes Assessor's Parcels of Taxable Property for which
building permits for both residential and non-residential construction may be issued,
exclusive of Taxable Property Owner Association Property and Taxable Public
Property, then the Backup Special Tax for Facilities for each Assessor's Parcel of
Residential Property shall be computed exclusive of the Acreage and Assessor's
Parcels of property for which building permits for non-residential construction may
be issued.
Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s)
described in the preceding paragraphs is subsequently changed or modified by
recordation of a lot line adjustment or similar instrument, and only if the CFD
Administrator determines that such change or modification results in a decrease in the
number of Assessor's Parcels of Taxable Property for which building permits for
residential construction have or may be issued within such Final Subdivision, then the
Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property
that is part of the lot line adjustment or similar instrument for such Final Subdivision
shall be a rate per Acre as calculated below. The Backup Special Tax for Facilities
previously determined for an Assessor's Parcel of Developed Property that is not a
part of the lot line adjustment or similar instrument for such Final Subdivision shall
not be recalculated.
1. Determine the total Backup Special Tax for Facilities anticipated to
apply to the changed or modified portion of the Final Subdivision
area prior to the change or modification.
2. The result of paragraph I above shall be divided by the Acreage of
Taxable Property which is ultimately expected to exist in such
changed or modified portion of the Final Subdivision area, as
reasonably determined by the CFD Administrator.
3. The result of paragraph 2 above shall be the Backup Special Tax for
Facilities per Acre which shall be applicable to Assessor's Parcels of
Developed Property in such changed or modified portion of the Final
Subdivision area for all remaining Fiscal Years in which the Special
Tax for Facilities may be levied.
(d) Release of Obligation to Pay and Disclose Backup Special Tax
All Assessor's Parcels within CFD No. 2006-1 (IA A) will be relieved
simultaneously and permanently from the obligation to pay and disclose the backup
Special Tax if the CFD Administrator determines that the annual debt service
required for the Outstanding Bonds, when compared to the Assigned Special Taxes
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area A Page 8
for Facilities that may be levied against all Assessor's Parcels of Developed Property
results in 110% debt service coverage (i.e., the aggregate Assigned Special Taxes for
Facilities that may be levied against all Developed Property in each remaining Fiscal
Year based on then existing development in CFD No. 2006-1 (IA A) is at least equal
to the sum of (i) the Administrative Expenses and (ii) 1.10 times maximum annual
debt service, in each remaining Fiscal Year on the Outstanding Bonds).
(e) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for
Facilities
The Fiscal Year 2010-2011 Assigned Special Tax for Facilities, identified in Table 1
above, and Backup Special Tax for Facilities shall increase thereafter, commencing
on July 1, 2011 and on July 1 of each Fiscal Year thereafter, by an amount equal to
two percent (2%) of the amount in effect for the previous Fiscal Year.
(f) Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more than
one Land Use Class. The Maximum Special Tax for Facilities levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all
Land Use Classes located on that Assessor's Parcel. The CFD Administrator's
allocation to each type of property shall be final.
2. Taxable Property Owner Association Property, Taxable Public Property and
Undeveloped Property
The Fiscal Year 2010-2011 Maximum Special Tax for Facilities for Taxable Property
Owner Association Property, Taxable Public Property, and Undeveloped Property
shall be $6,834 per Acre and shall increase thereafter, commencing on July 1, 2011
and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%)
of the Maximum Special Tax for Facilities in effect for the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES
Commencing with Fiscal Year 2010-2011 and for each following Fiscal Year, the City
Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax
for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax
Requirement for Facilities. The Special Tax for Facilities shall be levied each Fiscal Year as
follows:
First: The Special Tax for Facilities shall be levied on each Assessor's Parcel of Developed
Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities;
Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first step has been completed, the Special Tax for Facilities shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the
Maximum Special Tax for Facilities for Undeveloped Property;
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly)-ImprovementArea A
Page 9
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first two steps have been completed, then the levy of the Special Tax for Facilities
on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities
is determined through the application of the Backup Special Tax for Facilities shall be
increased in equal percentages from the Assigned Special Tax for Facilities up to the
Maximum Special Tax for Facilities for each such Assessor's Parcel;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first three steps have been completed, then the Special Tax for Facilities shall be
levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association
Property and Taxable Public Property at up to 100% of the Maximum Special Tax for
Facilities for Taxable Property Owner Association Property or Taxable Public Property.
Notwithstanding the above, the City Council may, in any Fiscal Year, levy Proportionately
less than 100% of the Assigned Special Tax for Facilities in step one (above), when (i) the
City Council is no longer required to levy the Special Tax for Facilities pursuant to steps two
through four above in order to meet the Special Tax Requirement for Facilities; (ii) all
authorized CFD No. 2006-1 (IA A) Bonds have already been issued or the City Council has
covenanted that it will not issue any additional CFD No. 2006-1 (IA A) Bonds (except
refunding bonds) to be supported by the Special Tax for Facilities; and (iii) all Authorized
Facilities have been constructed and/or acquired.
Further notwithstanding the above, under no circumstances will the Special Tax for Facilities
levied against any Assessor's Parcel of Residential Property for which a Certificate of
Occupancy has been issued be increased by more than ten percent as a consequence of
delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006-1
(IA A).
E.
No Special Tax for Facilities shall be levied on up to 16.88 Acres of Property Owner
Association Property and/or Public Property in CFD No. 2006-1 (IA A). Tax-exempt status
will be assigned by the CFD Administrator in the chronological order in which property
becomes Property Owner Association Property or Public Property. However, should an
Assessor's Parcel no longer be classified as Property Owner Association Property or Public
Property, its tax-exempt status will be revoked.
Property Owner Association Property or Public Property that is not exempt from Special Tax
for Facilities under this section shall be subject to the levy of the Special Tax for Facilities
and shall be taxed Proportionately as part of the fourth step in Section D above, at up to
100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association
Property or Taxable Public Property.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) -Improvement Area A Page 10
F. MANNER OF COLLECTION
The Special Tax for Facilities shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 2006-1 (IA A) may
directly bill the Special Tax for Facilities, may collect Special Taxes at a different time or in
a different manner if necessary to meet its financial obligations, and may covenant to
foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the
Act.
G. PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The following additional definitions apply to this Section G:
"Buildout" means, for CFD No. 2006-1 (IA A), that all expected building permits have been
issued.
"CFD Public Facilities Costs" means either $3,190,000 in 2010 dollars, which shall
increase by the Construction Inflation Index on July 1, 2011, and on each July 1 thereafter, or
such lower number as (i) shall be determined by the CFD Administrator as sufficient to fund
the Authorized Facilities to be provided by CFD No. 2006-1 (IA A) under the authorized
bonding program for CFD No. 2006-1 (IA A), or (ii) shall be determined by the City Council
concurrently with a covenant that it will not issue any more CFD No. 2006-1 (IA A) Bonds
(except refunding bonds) to be supported by the Special Tax for Facilities levy under this
Rate and Method of Apportionment as described in Section D above.
"Construction Inflation Index" means the annual percentage change in the Engineering
News Record Building Cost Index for the City of Los Angeles, measured as of the calendar
year which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the CFD
Administrator that is reasonably comparable to the Engineering News Record Building Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) public facility
costs previously paid from the Improvement Fund, (ii) moneys currently on deposit in the
Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected
to be available to finance the cost of Authorized Facilities.
"Improvement Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct Authorized
Facilities eligible under the Act.
"Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are
deemed to be outstanding under the Indenture after the first interest and/or principal payment
date following the current Fiscal Year.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area A
Page 11
1. Prepayment in Full
Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a
building permit has been issued, may be prepaid. The obligation of the Assessor's Parcel to
pay the Special Tax for Facilities may be permanently satisfied as described herein, provided
that a prepayment may be made with respect to a particular Assessor's Parcel only if there are
no delinquent Special Taxes with respect to such Assessor's Parcel at the time of
prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax for
Facilities obligation shall provide the CFD Administrator with written notice of intent to
prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify
such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator
may charge a reasonable fee for providing this service. Prepayment must be made not less
than 45 days prior to the next occurring date that notice of redemption of CFD No. 2006-1
(IA A) Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to
the Indenture.
The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as
summarized below (capitalized terms as defined below):
Bond Redemption Amount
plus
Redemption Premium
plus
Future Facilities Amount
plus
Defeasance Amount
plus
Administrative Fees and Expenses
less
Reserve Fund Credit
less
Capitalized Interest Credit
Total: equals
Special Tax for Facilities Prepayment Amount
As of the proposed date of prepayment, the Special Tax for Facilities Prepayment Amount
shall be calculated as follows:
Paragraph No.:
Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax for
Facilities and Backup Special Tax for Facilities. For Assessor's Parcels of
Undeveloped Property for which a building permit has been issued, compute the
Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that
Assessor's Parcel as though it was already designated as Developed Property, based
upon the building permit which has already been issued for that Assessor's Parcel.
(a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2
by the total estimated Assigned Special Tax for Facilities for the entire CFD No.
2006-1 (IA A) based on the Developed Property Special Tax for Facilities which
could be levied in the current Fiscal Year on all expected development through
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area A Page 12
Buildout of CFD No. 2006-1 (IA A), excluding any Assessor's Parcels which have
been prepaid, and
(b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by
the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD
No. 2006-1 (IA A), excluding any Assessor's Parcels which have been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
Previously Issued Bonds to compute the amount of Previously Issued Bonds to be
retired and prepaid (the "Bond Redemption Amount').
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (e.g., the redemption price-100%), if any, on the
Previously Issued Bonds to be redeemed (the "Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
amount determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Amount').
8. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Previously Issued Bonds.
9. Determine the Special Tax for Facilities levied on the Assessor's Parcel in the current
Fiscal Year which has not yet been paid.
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Special Tax for Facilities Prepayment Amount less the
Future Facilities Amount and the Administrative Fees and Expenses (defined below)
from the date of prepayment until the redemption date for the Previously Issued
Bonds to be redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount").
12. The administrative fees and expenses of CFD No. 2006-1 (IA A) are as calculated by
the CFD Administrator and include the costs of computation of the prepayment, the
costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006-1 (IA
A) Bonds, and the costs of recording any notices to evidence the prepayment and the
redemption (the "Administrative Fees and Expenses").
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of. (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Previously Issued Bonds as a result of the
prepayment, or (b) the amount derived by subtracting the new reserve requirement (as
defined in the Indenture) in effect after the redemption of Previously Issued Bonds as
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area A Page 13
a result of the prepayment from the balance in the reserve fund on the prepayment
date, but in no event shall such amount be less than zero. No Reserve Fund Credit
shall be granted if the amount then on deposit in the reserve fund for the Previously
Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture).
14. If any capitalized interest for the Previously Issued Bonds will not have been expended
as of the date immediately following the first interest and/or principal payment
following the current Fiscal Year, a capitalized interest credit shall be calculated by
multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
expected balance in the capitalized interest fund or account under the Indenture after
such first interest and/or principal payment (the "Capitalized Interest Credit").
15. The Special Tax for Facilities prepayment is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to
paragraphs 13 and 14 (the "Special Tax for Facilities Prepayment Amount").
From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to
paragraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established
under the Indenture and be used to retire CFD No. 2006-1 (IA A) Bonds or make debt service
payments. The amount computed pursuant to paragraph 7 shall be deposited into the
Improvement Fund. The amount computed pursuant to paragraph 12 shall be retained by
CFD No. 2006-1 (IA A).
The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full
$5,000 increment of CFD No. 2006-1 (IA A) Bonds. In such cases, the increment above
$5,000 or integral multiple thereof will be retained in the appropriate fund established under
the Indenture to be used with the next prepayment of CFD No. 2006-1 (IA A) Bonds or to
make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax for Facilities levy as
determined under paragraph 9 (above), the CFD Administrator shall remove the current
Fiscal Year's Special Tax for Facilities levy for such Assessor's Parcel from the County tax
rolls. With respect to any Assessor's Parcel that is prepaid, the City Council shall cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the
Special Tax for Facilities and the release of the Special Tax for Facilities lien on such
Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax for
Facilities shall cease.
Notwithstanding the foregoing, no Special Tax for Facilities prepayment shall be allowed
unless, at the time of such proposed prepayment, the amount of Maximum Special Tax for
Facilities that may be levied on Taxable Property within CFD No. 2006-1 (IA A) (after
excluding 16.88 Acres of Property Owner Association Property and/or Public Property in
CFD No. 2006-1 (IA A) as set forth in Section E) both prior to and after the proposed
prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in
Section A above, and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal
Year on the Outstanding Bonds.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) -Improvement Area A Page 14
2. Prepayment in Part
The Special Tax for Facilities on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Undeveloped Property for which a building permit has been issued may
be partially prepaid. The amount of the prepayment shall be calculated as in Section G.1;
except that a partial prepayment shall be calculated according to the following formula:
PP= [(PE - A) x F] +A
These terms have the following meaning:
PP = the partial prepayment.
PE = the Special Tax for Facilities Prepayment Amount calculated according to
Section G.1.
F = the percentage, expressed as a decimal, by which the owner of the Assessor's
Parcel is partially prepaying the Special Tax for Facilities.
A = the Administrative Fees and Expenses calculated according to Section G.1.
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the
percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial prepayment of
the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and may
charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that
is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to
Section G.1, and (ii) indicate in the records of CFD No. 2006-1 (IA A) that there has been a
partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for
Facilities with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 -
F) of the remaining Maximum Special Tax for Facilities, shall continue to be levied on such
Assessor's Parcel pursuant to Section D above.
H. TERM OF SPECIAL TAX FOR FACILITIES
The Special Tax for Facilities shall be levied until Fiscal Year 2050-2051, provided however
that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD
Administrator has determined (i) that all required interest and principal payments on the CFD
No. 2006-1 (IA A) Bonds have been paid; (ii) all Authorized Facilities have been acquired and
all reimbursements required by the Funding Agreement have been paid; and (iii) all other
obligations of CFD No. 2006-1 (IA A) have been satisfied. Bonds shall not be issued after
eighteen (18) months have elapsed following the issuance of the final Certificate of Occupancy
within CFD No. 2006-1 (IA A), except as otherwise provided in the Funding Agreement..
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area A Page 15
I. SPECIAL TAX FOR SERVICES
The following additional definitions apply to this Section I:
"Developed Multifamily Unit" means a residential dwelling unit within a building in which
each of the individual dwelling units has or shall have at least one common wall with another
dwelling unit and a building permit has been issued by the City for such dwelling unit on or
prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being
levied.
"Developed Single Family Unit" means a residential dwelling unit other than a Developed
Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the
City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is
being levied.
"Maximum Special Tax for Services" means the maximum Special Tax for Services that
can be levied by CFD No. 2006-1 (IA A) in any Fiscal Year on any Assessor's Parcel.
"Operating Fund" means a fund that shall be maintained for CFD No. 2006-1 (IA A) for
any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the
applicable Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the end of
the preceding Fiscal Year.
"Service Area" means public parks, open space, and storm drains.
"Special Tax for Services" means any of the special taxes authorized to be levied within
CFD No. 2006-1 (IA A) pursuant to the Act to fund the Special Tax Requirement for
Services.
"Special Tax Requirement for Services" means the amount determined in any Fiscal Year
for CFD No. 2006-1 (IA A) equal to (i) the budgeted costs directly related to the Service
Area, including maintenance, repair and replacement of certain components of the Service
Area which have been accepted and maintained or are reasonably expected to be accepted
and maintained during the current Fiscal Year, (ii) pay Administrative Expenses, and (iii)
anticipated Special Tax for Services delinquencies, less (iv) the Operating Fund Balance, as
determined by the CFD Administrator.
1. Rate and Method of Apportionment of the Special Tax for Services
Commencing with Fiscal Year 2010-2011 and for each subsequent Fiscal Year, the City
Council shall levy the Special Tax for Services on (i) all Assessor's Parcels containing a
Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels
of Non-Residential Property, up to the applicable Maximum Special Tax for Services to fund
the Special Tax Requirement for Services.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly)- Improvement Area A Page 16
The Maximum Special Tax for Services for Fiscal Year 2010-11 shall be $267.18 per
Developed Single Family Unit, $133.59 per Developed Multifamily Unit, and $601.72 per
Acre for each Assessor's Parcel of Non-Residential Property.
On each July 1, commencing July 1, 2011, the Maximum Special Tax for Services shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
2. Duration of the Special Tax for Services
The Special Tax for Services shall be levied in perpetuity to fund the Special Tax
Requirement for Services, unless no longer required as determined at the sole discretion of
the City Council.
3. Collection of the Special Tax for Services
The Special Tax for Services shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided, however, that CFD No. 2006-1 (IA A) may
collect the Special Tax for Services at a different time or in a different manner if necessary to
meet its funding requirements.
J. APPEALS AND INTERPRETATIONS
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error may submit a written appeal to CFD No. 2006-1 (IA A). The
CFD Administrator shall review the appeal and if the CFD Administrator concurs, the
amount of the Special Tax levied shall be appropriately modified.
The City Council may interpret this Rate and Method of Apportionment for purposes of
clarifying any ambiguity and make determinations relative to the annual administration of the
Special Tax and any landowner or resident appeals. Any decision of the City Council shall
be final and binding as to all persons.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area A page 17
EXHIBIT "A"
CITY OF LAKE ELSINORE AND CFD No. 2006-1 RA A) CERTIFICATE
1. Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore and
City of Lake Elsinore Community Facilities District No. 2006-1 Improvement Area A ("CFD No.
2006-1 (IA A)") hereby agree to a reduction in the Assigned Special Tax for Facilities for
Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision
within CFD No. 2006-1 (IA A):
(a) The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed
Property within CFD No. 2006-1 (IA A) shall be modified as follows:
fan ~g
r
1
r
a t C i
Residential Property
Retdet11~1, z.
w at . r m
Less than 1,100 sq. ft.
c f E t
4kSSSed'`"p-,"
$ per unit
2
Residential Property
1,100 - 1,299 s4 ft.
$ per unit
3
Residential Property
1,300 - 1,499 s4 ft.
$ per unit
4
Residential Property
1,500 - 1,699 sq. ft.
$ per unit
5
Residential Property
1,700 - 1,899 sq. ft.
$ per unit
6
Residential Property
1,900 - 2,099 sq. ft.
$ per unit
7
Residential Property
2,100 - 2,299 sq. ft.
$ per unit
8
Residential Property
2,300 - 2,499 sq. ft.
$ per unit
9
Residential Property
2,500 - 2,699 sq. ft.
$ per unit
10
Residential Property
2,700 - 2,899 sq. ft.
$ per unit
11
Residential Property
2,900 - 3,099 sq. ft.
$ per unit
12
Residential Property
3,100 - 3,299 sq. ft.
$ per unit
13
Residential Property
3,300 - 3,499 sq. ft.
$ per unit
14
Residential Property
More than 3,500 sq. ft.
$ per unit
15
Non-Residential Property
NA
$ per acre
City of Lake Elsinore January 17, 2011
CID No. 2006-1(Summerly) - Improvement Area A Page 18
(b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No.
2006-1 (IA A), as stated in Section C.L(c), shall be reduced from $6,834 per Acre to $
per Acre.
2. The Special Tax for Facilities may be modified prior to the first building permit issuance within
CFD No. 2006-1 (IA A) and prior to the issuance of the first series of Bonds of CFD No. 2006-1
(IA A).
Upon execution of the Certificate by the City of Lake Elsinore and "Owner" under the Funding
Agreement, the City shall cause an amended notice of Special Tax lien for CFD No. 2006-1 (IA
A) to be recorded reflecting the modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD
No. 2006-1 (IA A), receipt of this Certificate and modification of the Rate and Method of
Apportionment as set forth in this Certificate.
CITY OF LAKE ELSINORE
By:
CFD Administrator
Date:
Owner per Funding Agreement
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area A
Page 19
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2006-1
(SUMMERLY)
IMPROVEMENT AREA B
A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community
Facilities District No. 2006-1 (Summerly) Improvement Area B ("CFD No. 2006-1 (IA B)") and
collected each Fiscal Year commencing in Fiscal Year 2010-2011, in an amount determined through
the application of this Rate and Method of Apportionment as described below. All of the real
property in CFD No. 2006-1 (IA B), unless exempted by law or by the provisions hereof, shall be
taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown
on the applicable final map, parcel map, condominium plan, or other recorded County parcel
map.
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1,
Division 2 of Title 5 of the California Government Code.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 2006-1 (IA B): the costs of computing the
Special Taxes and preparing the annual Special Tax collection schedules (whether by the
City or designee thereof or both); the costs of collecting the Special Taxes (whether by the
City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the
Trustee (including its legal counsel) in the discharge of the duties required of it under the
Indenture; the costs to the City, CFD No. 2006-1 (IA B) or any designee thereof of
complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006-1 (IA B)
or any designee thereof of complying with disclosure requirements of the City, CFD No.
2006-1 (IA B) or obligated persons associated with applicable federal and state securities
laws and the Act; the costs associated with preparing Special Tax disclosure statements and
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No.
2006-1 (IA B) or any designee thereof related to an appeal of the Special Tax; the costs
associated with the release of funds from an escrow account; and the City's annual
administration fees and third party expenses. Administrative Expenses shall also include
amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2006-1
(IA B) for any other administrative purposes of CFD No. 2006-1 (IA B), including attorney's
fees and other costs, and attorney's fees and other costs related to commencing and pursuing
to completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) -Improvement Area B
Page 1
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land
Use Class of Developed Property, as determined in accordance with Section C. L(b) below.
"Authorized Facilities" means those authorized improvements, as listed in an exhibit to the
Resolution of Formation.
"Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each
Assessor's Parcel of Developed Property, as determined in accordance with Section C.L(c)
below.
"Certificate of Occupancy" means a certificate issued by the City that authorizes the actual
occupancy of a dwelling unit for habitation by one or more residents.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement for Facilities, the Special Tax Requirement for
Services as determined in accordance with Section I below, and providing for the levy and
collection of the Special Taxes.
"CFD No. 2006-1" means City of Lake Elsinore Community Facilities District No. 2006-1
(Summerly).
"CFD No. 2006-1 (IA B)" means Improvement Area B of CFD No. 2006-1 as identified on
the boundary map for CFD No. 2006-1.
"CFD No. 2006-1 (IA B) Bonds" means any bonds or other debt (as defined in Section
53317(d) of the Act), whether in one or more series, issued by CFD No. 2006-1 (IA B) and
secured solely by the Special Tax for Facilities levy on property within the boundaries of
CFD No. 2006-1 (IA B) under the Act.
"City" means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the legislative
body of CFD No. 2006-1 (IA B).
"County" means the County of Riverside.
"Developed Property" means, with respect to the Special Tax for Facilities, for each Fiscal
Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property
Owner Association Property, for which the Final Subdivision was recorded on or before
January 1 of the prior Fiscal Year and a building permit for new construction was issued on
or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for
Facilities is being levied.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) -Improvement Area B Page 2
"Final Subdivision" means (i) a final map, or portion thereof, approved by the City pursuant
to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates
individual lots for which building permits may be issued, or (ii) for condominiums, a final
map, or portion thereof, approved by the City and a condominium plan recorded pursuant to
California Civil Code Section 1352 that creates individual lots for which building permits
may be issued.
"Funding Agreement" means the Funding, Construction and Acquisition Agreement entered
into by the City, on behalf of CFD No. 2006-1, as it may be amended.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which CFD No. 2006-1 (IA B) Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table 1 below.
"Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities,
determined in accordance with Section C below, that can be levied in any Fiscal Year on any
Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit permitting the construction of one or more non-residential units or facilities
has been issued by the City.
"Outstanding Bonds" means all CFD No. 2006-1 (IA B) Bonds which are deemed to be
outstanding under the Indenture.
"Property Owner Association Property" means, for each Fiscal Year, any property within
the boundaries of CFD No. 2006-1 (IA B) that was owned by a property owner association,
including any master or sub-association, as of January 1 of the prior Fiscal Year.
"Proportionately means for Developed Property that the ratio of the actual Special Tax for
Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor's Parcels of
Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the
actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per
Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately"
may similarly be applied to other categories of Taxable Property as listed in Section D below.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of
CFD No. 2006-1 (IA B) owned by, irrevocably offered or dedicated to, or over, through or
under which an easement for purposes of public use has been granted, to the federal
government, the State, the County, the City, the Lake Elsinore Unified School District, or any
local government or other public agency as of January 1 of the previous Fiscal Year,
provided that any property leased by a public agency to a private entity and subject to
taxation under Section 53340.1 of the Act shall be taxed and classified according to its use;
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area B Page 3
or (ii) any property within the boundaries of CFD No. 2006-1 (IA B) that was encumbered, as
of January t of the previous Fiscal Year, by an unmanned utility easement making
impractical its utilization for other than the purpose set forth in the easement.
"Residential Floor Area" means all of the square footage of living area within the perimeter
of a residential structure, not including any carport, walkway, garage, overhang, patio,
enclosed patio, or similar area. The determination of Residential Floor Area for an
Assessor's Parcel shall be made by reference to the building permit(s) issued for such
Assessor's Parcel.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit permitting the construction thereon of one or more residential dwelling units
has been issued by the City.
"Resolution of Formation" means the resolution of formation for CFD No. 2006-1 (IA B).
"Special Tax" means any of the special taxes authorized to be levied by CFD No. 2006-1
(IA B) pursuant to the Act.
"Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Developed Property, Taxable Property Owner Association Property,
Taxable Public Property, and Undeveloped Property to fund the Special Tax Requirement for
Facilities.
"Special Tax Requirement for Facilities" means that amount required in any Fiscal Year
for CFD No. 2006-1 (IA B) to: (i) pay debt service on all Outstanding Bonds due in the
calendar year commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2006-
1 (IA B) Bonds, including but not limited to, credit enhancement and rebate payments on the
CFD No. 2006-1 (IA B) Bonds due in the calendar year commencing in such Fiscal Year;
(iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any
reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax for
Facilities delinquencies; (vi) pay directly for acquisition or construction of Authorized
Facilities to the extent that the inclusion of such amount does not increase the Special Tax for
Facilities levy on Undeveloped Property; less (vii) a credit for funds available to reduce the
annual Special Tax for Facilities levy, as determined by the CFD Administrator pursuant to
the Indenture.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
2006-1 (IA B) which are not exempt from the Special Tax for Facilities pursuant to law or
Section E below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of Property
Owner Association Property that are not exempt pursuant to Section E below.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area B Page 4
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt pursuant to Section E below.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property, Taxable Property Owner Association Property, or Taxable Public
Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2006-1 (IA B) shall be classified as
Developed Property, Taxable Public Property, Taxable Property Owner Association Property,
or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate
and Method of Apportionment determined pursuant to Sections C and D below. Residential
Property shall be assigned to Land Use Classes 1 through 14 as listed in Table 1 below based
on the Residential Floor Area for each unit. Non-Residential Property shall be assigned to
Land Use Class 15. With respect to Residential Property, the Residential Floor Area shall be
determined from the most recent building permit issued prior to the issuance of a Certificate
of Occupancy for such Assessor's Parcel.
C. MAXIMUM SPECIAL TAX FOR FACILITIES
Prior to the issuance of the first building permit within CFD No. 2006-1 (IA B), the Assigned
Special Tax for Facilities on Developed Property (set forth in Table 1), and the Backup
Special Tax for Facilities attributable to a Final Subdivision, may be reduced in accordance
with, and subject to the conditions set forth in this paragraph. If it is reasonably determined
by the CFD Administrator that the overlapping debt burden (as defined in the Statement of
Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982 adopted
by the City Council, the "Goals and Policies") calculated pursuant to the Goals and Policies
based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City's
maximum overlapping debt burden set forth in such document, the Assigned Special Tax for
Facilities on Developed Property, and the Backup Special Tax for Facilities attributable to a
Final Subdivision, may be reduced to the maximum overlapping debt burden level with the
written consent of the CFD Administrator. The reductions permitted pursuant to this
paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall
cause to be recorded by executing a certificate in substantially the form attached hereto as
Exhibit "A".
In addition, prior to the issuance of CFD No. 2006-1 (IA B) Bonds, the Assigned Special Tax
for Facilities on Developed Property and the Backup Special Tax for Facilities attributable to
a Final Subdivision may be reduced upon the written request of the "Owner" under the
Funding Agreement. Such written request shall include, at a minimum, the amount of the
reduced tax requested for each Land Use Class shown in Table I below. The City and CFD
Administrator shall review the written request, and if approved, the reductions permitted
pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area B Page 5
the City shall cause to be recorded by executing a certificate in substantially the form
attached hereto as Exhibit "A".
1. Developed Property
(a) Maximum Special Tax for Facilities
The Maximum Special Tax for Facilities for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by application of
the Assigned Special Tax for Facilities or (ii) the amount derived by application of
the Backup Special Tax for Facilities.
(b) Assigned Special Tax for Facilities
The Fiscal Year 2010-2011 Assigned Special Tax for Facilities for each Land Use
Class is shown below in Table 1.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) -Improvement Area B Page 6
TABLE 1
Assigned Special Tax for Facilities for Developed Property
Community Facilities District No. 2006-1
(Improvement Area B)
Fiscal Year 2010-2011
d I
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1
Residential Property
Less than 1,100 sq. ft.
$500 per unit
2
Residential Property
1,100 - 1,299 sq. ft.
$575 per unit
3
Residential Property
1,300 - 1,499 sq. ft.
$650 per unit
4
Residential Property
1,500 - 1,699 sq. ft.
$725 per unit
5
Residential Property
1,700 - 1,899 sq. ft.
$800 per unit
6
Residential Property
1,900 - 2,099 sq. ft.
$850 per unit
7
Residential Property
2,100 - 2,299 sq. ft.
$900 per unit
8
Residential Property
2,300 - 2,499 sq. ft.
$975 per unit
9
Residential Property
2,500 - 2,699 sq. ft.
$1,050 per unit
10
Residential Property
2,700 - 2,899 sq. ft.
$1,125 per unit
1 I
Residential Property
2,900 - 3,099 sq. ft.
$1,200 per unit
12
Residential Property
3,100 - 3,299 sq. ft.
$1,275 per unit
13
Residential Property
3,300-3,499 sq. ft.
$1,350 per unit
14
Residential Property
More than 3,500 sq. ft.
$1,425 per unit
15
Non-Residential Property
NA
$7,159 per Acre
(c) Backup Special Tax for Facilities
The Fiscal Year 2010-2011 Backup Special Tax for Facilities attributable to a Final
Subdivision will equal $7,159, multiplied by the Acreage of all Taxable Property,
exclusive of any Taxable Property Owner Association Property and Taxable Public
Property, therein. The Backup Special Tax for Facilities for each Assessor's Parcel
of Residential Property shall be computed by dividing the Backup Special Tax for
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area B
Page 7
Facilities attributable to the applicable Final Subdivision by the number of Assessor's
Parcels for which building permits for residential construction have or may be issued
(i.e., the number or residential lots). The Backup Special Tax for Facilities for each
Assessor's Parcel of Non-Residential Property therein shall equal $7,159 multiplied
by the Acreage of such Assessor's Parcel.
If a Final Subdivision includes Assessor's Parcels of Taxable Property for which
building permits for both residential and non-residential construction may be issued,
exclusive of Taxable Property Owner Association Property and Taxable Public
Property, then the Backup Special Tax for Facilities for each Assessor's Parcel of
Residential Property shall be computed exclusive of the Acreage and Assessor's
Parcels of property for which building permits for non-residential construction may
be issued.
Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s)
described in the preceding paragraphs is subsequently changed or modified by
recordation of a lot line adjustment or similar instrument, and only if the CFD
Administrator determines that such change or modification results in a decrease in the
number of Assessor's Parcels of Taxable Property for which building permits for
residential construction have or may be issued within such Final Subdivision, then the
Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property
that is part of the lot line adjustment or similar instrument for such Final Subdivision
shall be a rate per Acre as calculated below. The Backup Special Tax for Facilities
previously determined for an Assessor's Parcel of Developed Property that is not a
part of the lot line adjustment or similar instrument for such Final Subdivision shall
not be recalculated.
1. Determine the total Backup Special Tax for Facilities anticipated to
apply to the changed or modified portion of the Final Subdivision
area prior to the change or modification.
2. The result of paragraph 1 above shall be divided by the Acreage of
Taxable Property which is ultimately expected to exist in such
changed or modified portion of the Final Subdivision area, as
reasonably determined by the CFD Administrator.
3. The result of paragraph 2 above shall be the Backup Special Tax for
Facilities per Acre which shall be applicable to Assessor's Parcels of
Developed Property in such changed or modified portion of the Final
Subdivision area for all remaining Fiscal Years in which the Special
Tax for Facilities may be levied.
(d) Release of Obligation to Pay and Disclose Backup Special Tax
All Assessor's Parcels within CFD No. 2006-1 (IA B) will be relieved simultaneously
and permanently from the obligation to pay and disclose the backup Special Tax if
the CFD Administrator determines that the annual debt service required for the
Outstanding Bonds, when compared to the Assigned Special Taxes for Facilities that
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area B Page 8
may be levied against all Assessor's Parcels of Developed Property results in 110%
debt service coverage (i.e., the aggregate Assigned Special Taxes for Facilities that
may be levied against all Developed Property in each remaining Fiscal Year based on
then existing development in CFD No. 2006-1 (IA B) is at least equal to the sum of
(i) the Administrative Expenses and (ii) 1.10 times maximum annual debt service, in
each remaining Fiscal Year on the Outstanding Bonds).
(e) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for
Facilities
The Fiscal Year 2010-2011 Assigned Special Tax for Facilities, identified in Table 1
above, and Backup Special Tax for Facilities shall increase thereafter, commencing
on July 1, 2011 and on July 1 of each Fiscal Year thereafter, by an amount equal to
two percent (2%) of the amount in effect for the previous Fiscal Year.
(f) Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more than
one Land Use Class. The Maximum Special Tax for Facilities levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all
Land Use Classes located on that Assessor's Parcel. The CFD Administrator's
allocation to each type of property shall be final.
2. Taxable Property Owner Association Property Taxable Public Property and
Undeveloped Property
The Fiscal Year 2010-2011 Maximum Special Tax for Facilities for Taxable Property
Owner Association Property, Taxable Public Property, and Undeveloped Property
shall be $7,159 per Acre and shall increase thereafter, commencing on July 1, 2011
and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%)
of the Maximum Special Tax for Facilities in effect for the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES
Commencing with Fiscal Year 2010-2011 and for each following Fiscal Year, the City
Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax
for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax
Requirement for Facilities. The Special Tax for Facilities shall be levied each Fiscal Year as
follows:
First: The Special Tax for Facilities shall be levied on each Assessor's Parcel of Developed
Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities;
Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first step has been completed, the Special Tax for Facilities shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the
Maximum Special Tax for Facilities for Undeveloped Property;
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area B page 9
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first two steps have been completed, then the levy of the Special Tax for Facilities
on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities
is determined through the application of the Backup Special Tax for Facilities shall be
increased in equal percentages from the Assigned Special Tax for Facilities up to the
Maximum Special Tax for Facilities for each such Assessor's Parcel;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first three steps have been completed, then the Special Tax for Facilities shall be
levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association
Property and Taxable Public Property at up to 100% of the Maximum Special Tax for
Facilities for Taxable Property Owner Association Property or Taxable Public Property.
Notwithstanding the above, the City Council may, in any Fiscal Year, levy Proportionately
less than 100% of the Assigned Special Tax for Facilities in step one (above), when (i) the
City Council is no longer required to levy the Special Tax for Facilities pursuant to steps two
through four above in order to meet the Special Tax Requirement for Facilities; (ii) all
authorized CFD No. 2006-1 (IA B) Bonds have already been issued or the City Council has
covenanted that it will not issue any additional CFD No. 2006-1 (IA B) Bonds (except
refunding bonds) to be supported by the Special Tax for Facilities; and (iii) all Authorized
Facilities have been constructed and/or acquired.
Further notwithstanding the above, under no circumstances will the Special Tax for Facilities
levied against any Assessor's Parcel of Residential Property for which a Certificate of
Occupancy has been issued be increased by more than ten percent as a consequence of
delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006-1
(IA B).
E.
No Special Tax for Facilities shall be levied on up to 21.72 Acres of Property Owner
Association Property and/or Public Property in CFD No. 2006-1 (IA B). Tax-exempt status
will be assigned by the CFD Administrator in the chronological order in which property
becomes Property Owner Association Property or Public Property. However, should an
Assessor's Parcel no longer be classified as Property Owner Association Property or Public
Property, its tax-exempt status will be revoked.
Property Owner Association Property or Public Property that is not exempt from Special Tax
for Facilities under this section shall be subject to the levy of the Special Tax for Facilities
and shall be taxed Proportionately as part of the fourth step in Section D above, at up to
100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association
Property or Taxable Public Property.
City of Lake Elsinore January 17, 2011
CID No. 2006-1(Summerly) - Improvement Area B Page 10
F. MANNER OF COLLECTION
The Special Tax for Facilities shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 2006-1 (IA B) may
directly bill the Special Tax for Facilities, may collect Special Taxes at a different time or in
a different manner if necessary to meet its financial obligations, and may covenant to
foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the
Act.
G. PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The following additional definitions apply to this Section G:
"Buildout" means, for CFD No. 2006-1 (IA B), that all expected building permits have been
issued.
"CFD Public Facilities Costs" means either $5,090,000 in 2010 dollars, which shall
increase by the Construction Inflation Index on July 1, 2011, and on each July 1 thereafter, or
such lower number as (i) shall be determined by the CFD Administrator as sufficient to fund
the Authorized Facilities to be provided by CFD No. 2006-1 (IA B) under the authorized
bonding program for CFD No. 2006-1 (IA B), or (ii) shall be determined by the City Council
concurrently with a covenant that it will not issue any more CFD No. 2006-1 (IA B) Bonds
(except refunding bonds) to be supported by the Special Tax for Facilities levy under this
Rate and Method of Apportionment as described in Section D above.
"Construction Inflation Index" means the annual percentage change in the Engineering
News Record Building Cost Index for the City of Los Angeles, measured as of the calendar
year which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the CFD
Administrator that is reasonably comparable to the Engineering News Record Building Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) public facility
costs previously paid from the Improvement Fund, (ii) moneys currently on deposit in the
Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected
to be available to finance the cost of Authorized Facilities.
"Improvement Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct Authorized
Facilities eligible under the Act.
"Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are
deemed to be outstanding under the Indenture after the first interest and/or principal payment
date following the current Fiscal Year.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) -Improvement Area B Page 11
1. Prepayment in Full
Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a
building permit has been issued, may be prepaid. The obligation of the Assessor's Parcel to
pay the Special Tax for Facilities may be permanently satisfied as described herein, provided
that a prepayment may be made with respect to a particular Assessor's Parcel only if there are
no delinquent Special Taxes with respect to such Assessor's Parcel at the time of
prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax for
Facilities obligation shall provide the CFD Administrator with written notice of intent to
prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify
such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator
may charge a reasonable fee for providing this service. Prepayment must be made not less
than 45 days prior to the next occurring date that notice of redemption of CFD No. 2006-1
(IA B) Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to
the Indenture.
The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as
summarized below (capitalized terms as defined below):
Bond Redemption Amount
plus
Redemption Premium
plus
Future Facilities Amount
plus
Defeasance Amount
plus
Administrative Fees and Expenses
less
Reserve Fund Credit
less
Capitalized Interest Credit
Total: equals
Special Tax for Facilities Prepayment Amount
As of the proposed date of prepayment, the Special Tax for Facilities Prepayment Amount
shall be calculated as follows:
Paragraph No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax for
Facilities and Backup Special Tax for Facilities. For Assessor's Parcels of
Undeveloped Property for which a building permit has been issued, compute the
Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that
Assessor's Parcel as though it was already designated as Developed Property, based
upon the building permit which has already been issued for that Assessor's Parcel.
3. (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2
by the total estimated Assigned Special Tax for Facilities for the entire CFD No.
2006-1 (IA B) based on the Developed Property Special Tax for Facilities which
could be levied in the current Fiscal Year on all expected development through
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area B Page 12
Buildout of CFD No. 2006-1 (IA B), excluding any Assessor's Parcels which have
been prepaid, and
(b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by
the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD
No. 2006-1 (IA B), excluding any Assessor's Parcels which have been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
Previously Issued Bonds to compute the amount of Previously Issued Bonds to be
retired and prepaid (the "Bond Redemption Amount').
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (e.g., the redemption price-100%), if any, on the
Previously Issued Bonds to be redeemed (the "Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
amount determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Amount').
8. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Previously Issued Bonds.
9. Determine the Special Tax for Facilities levied on the Assessor's Parcel in the current
Fiscal Year which has not yet been paid.
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Special Tax for Facilities Prepayment Amount less the
Future Facilities Amount and the Administrative Fees and Expenses (defined below)
from the date of prepayment until the redemption date for the Previously Issued
Bonds to be redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount').
12. The administrative fees and expenses of CFD No. 2006-1 (IA B) are as calculated by
the CFD Administrator and include the costs of computation of the prepayment, the
costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006-1 (IA
B) Bonds, and the costs of recording any notices to evidence the prepayment and the
redemption (the "Administrative Fees and Expenses").
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of. (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Previously Issued Bonds as a result of the
prepayment, or (b) the amount derived by subtracting the new reserve requirement (as
defined in the Indenture) in effect after the redemption of Previously Issued Bonds as
City of Lake Elsinore January 17, 2011
CID No. 2006-1(Summerly) - Improvement Area B Page 13
a result of the prepayment from the balance in the reserve fund on the prepayment
date, but in no event shall such amount be less than zero. No Reserve Fund Credit
shall be granted if the amount then on deposit in the reserve fund for the Previously
Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture).
14. If any capitalized interest for the Previously Issued Bonds will not have been expended
as of the date immediately following the first interest and/or principal payment
following the current Fiscal Year, a capitalized interest credit shall be calculated by
multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
expected balance in the capitalized interest fund or account under the Indenture after
such first interest and/or principal payment (the "Capitalized Interest Credit").
15. The Special Tax for Facilities prepayment is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to
paragraphs 13 and 14 (the "Special Tax for Facilities Prepayment Amount").
From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to
paragraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established
under the Indenture and be used to retire CFD No. 2006-1 (IA B) Bonds or make debt service
payments. The amount computed pursuant to paragraph 7 shall be deposited into the
Improvement Fund. The amount computed pursuant to paragraph 12 shall be retained by
CFD No. 2006-1 (IA B).
The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full
$5,000 increment of CFD No. 2006-1 (IA B) Bonds. In such cases, the increment above
$5,000 or integral multiple thereof will be retained in the appropriate fund established under
the Indenture to be used with the next prepayment of CFD No. 2006-1 (IA B) Bonds or to
make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax for Facilities levy as
determined under paragraph 9 (above), the CFD Administrator shall remove the current
Fiscal Year's Special Tax for Facilities levy for such Assessor's Parcel from the County tax
rolls. With respect to any Assessor's Parcel that is prepaid, the City Council shall cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the
Special Tax for Facilities and the release of the Special Tax for Facilities lien on such
Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax for
Facilities shall cease.
Notwithstanding the foregoing, no Special Tax for Facilities prepayment shall be allowed
unless, at the time of such proposed prepayment, the amount of Maximum Special Tax for
Facilities that may be levied on Taxable Property within CFD No. 2006-1 (IA B) (after
excluding 21.72 Acres of Property Owner Association Property and/or Public Property in
CFD No. 2006-1 (IA B) as set forth in Section E) both prior to and after the proposed
prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in
Section A above, and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal
Year on the Outstanding Bonds.
City of Lake Elsinore January 17, 2011
CID No. 2006-1(Summerly) - Improvement Area B Page 14
2. Prepayment in Part
The Special Tax for Facilities on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Undeveloped Property for which a building permit has been issued may
be partially prepaid. The amount of the prepayment shall be calculated as in Section G.1;
except that a partial prepayment shall be calculated according to the following formula:
PP = [(PE - A) x F] + A
These terms have the following meaning:
PP = the partial prepayment.
PE = the Special Tax for Facilities Prepayment Amount calculated according to
Section G.1.
F = the percentage, expressed as a decimal, by which the owner of the Assessor's
Parcel is partially prepaying the Special Tax for Facilities.
A = the Administrative Fees and Expenses calculated according to Section G.1.
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the
percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial prepayment of
the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and may
charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that
is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to
Section G.1, and (ii) indicate in the records of CFD No. 2006-1 (IA B) that there has been a
partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for
Facilities with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 -
F) of the remaining Maximum Special Tax for Facilities, shall continue to be levied on such
Assessor's Parcel pursuant to Section D above.
H. TERM OF SPECIAL TAX FOR FACILITIES
The Special Tax for Facilities shall be levied until Fiscal Year 2052-2053, provided however
that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD
Administrator has determined (i) that all required interest and principal payments on the CFD
No. 2006-1 (IA B) Bonds have been paid; (ii) all Authorized Facilities have been acquired and
all reimbursements required by the Funding Agreement have been paid; and (iii) all other
obligations of CFD No. 2006-1 (IA B) have been satisfied. Bonds shall not be issued after
eighteen (18) months have elapsed following the issuance of the final Certificate of Occupancy
within CFD No. 2006-1 (IA B), except as otherwise provided in the Funding Agreement..
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area B page 15
I. SPECIAL TAX FOR SERVICES
The following additional definitions apply to this Section I:
"Developed Multifamily Unit" means a residential dwelling unit within a building in which
each of the individual dwelling units has or shall have at least one common wall with another
dwelling unit and a building permit has been issued by the City for such dwelling unit on or
prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being
levied.
"Developed Single Family Unit" means a residential dwelling unit other than a Developed
Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the
City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is
being levied.
"Maximum Special Tax for Services" means the maximum Special Tax for Services that
can be levied by CFD No. 2006-1 (IA B) in any Fiscal Year on any Assessor's Parcel.
"Operating Fund" means a fund that shall be maintained for CFD No. 2006-1 (IA B) for
any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the
applicable Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the end of
the preceding Fiscal Year.
"Service Area" means public parks, open space, and storm drains.
"Special Tax for Services" means any of the special taxes authorized to be levied within
CFD No. 2006-1 (IA B) pursuant to the Act to fund the Special Tax Requirement for
Services.
"Special Tax Requirement for Services" means the amount determined in any Fiscal Year
for CFD No. 2006-1 (IA B) equal to (i) the budgeted costs directly related to the Service
Area, including maintenance, repair and replacement of certain components of the Service
Area which have been accepted and maintained or are reasonably expected to be accepted
and maintained during the current Fiscal Year, (ii) pay Administrative Expenses, and (iii)
anticipated Special Tax for Services delinquencies, less (iv) the Operating Fund Balance, as
determined by the CFD Administrator.
1. Rate and Method of Apportionment of the Special Tax for Services
Commencing with Fiscal Year 2010-2011 and for each subsequent Fiscal Year, the City
Council shall levy the Special Tax for Services on (i) all Assessor's Parcels containing a
Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels
of Non-Residential Property, up to the applicable Maximum Special Tax for Services to fund
the Special Tax Requirement for Services.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area B Page 16
The Maximum Special Tax for Services for Fiscal Year 2010-11 shall be $267.18 per
Developed Single Family Unit, $133.59 per Developed Multifamily Unit, and $601.72 per
Acre for each Assessor's Parcel of Non-Residential Property.
On each July 1, commencing July 1, 2011, the Maximum Special Tax for Services shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
2. Duration of the Special Tax for Services
The Special Tax for Services shall be levied in perpetuity to fund the Special Tax
Requirement for Services, unless no longer required as determined at the sole discretion of
the City Council.
3. Collection of the Special Tax for Services
The Special Tax for Services shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided, however, that CFD No. 2006-1 (IA B) may
collect the Special Tax for Services at a different time or in a different manner if necessary to
meet its funding requirements.
APPEALS AND INTERPRETATIONS
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error may submit a written appeal to CFD No. 2006-1 (IA B). The
CFD Administrator shall review the appeal and if the CFD Administrator concurs, the
amount of the Special Tax levied shall be appropriately modified.
The City Council may interpret this Rate and Method of Apportionment for purposes of
clarifying any ambiguity and make determinations relative to the annual administration of the
Special Tax and any landowner or resident appeals. Any decision of the City Council shall
be final and binding as to all persons.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area B Page 17
EXHIBIT "A"
CITY OF LAKE ELSINORE AND CFD No. 2006-1 /IA B) CERTIFICATE
Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore and
City of Lake Elsinore Community Facilities District No. 2006-1 Improvement Area B ("CFD No.
2006-1 (IA B)") hereby agree to a reduction in the Assigned Special Tax for Facilities for
Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision
within CFD No. 2006-1 (IA B):
(a) The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed
Property within CFD No. 2006-1 (IA B) shall be modified as follows:
d Z
IZestden ial
s i
N"
an
sd
4
{ k 5~
G+- f .
i . f S, 5
g
gtled Spe
ix
Class
,
Dese I bate
FI
aCt1l
n
1
Residential Property
Less than 1,100 sq. ft.
$ per unit
2
Residential Property
1,100 - 1,299 sq. ft.
$ per unit
3
Residential Property
1,300 - 1,499 sq. ft.
$ per unit
4
Residential Property
1,500 - 1,699 sq. ft.
$ per unit
5
Residential Property
1,700 - 1,899 sq. ft.
$ per unit
6
Residential Property
1,900 - 2,099 sq. ft.
$ per unit
7
Residential Property
2,100 - 2,299 sq• ft.
$ per unit
8
Residential Property
2,300 - 2,499 sq. ft.
$ per unit
9
Residential Property
2,500 - 2,699 sq. ft.
$ per unit
10
Residential Property
2,700 - 2,899 sq. ft.
$ per unit
11
Residential Property
2,900 - 3,099 sq. ft.
$ per unit
12
Residential Property
3,100 - 3,299 sq. ft.
$ per unit
13
Residential Property
3,300 - 3,499 sq. ft.
$ per unit
14
Residential Property
More than 3,500 sq. ft.
$ per unit
15
Non-Residential Property
NA
$ per acre
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area B Page 18
(b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No.
2006-1 (IA B), as stated in Section C.L(c), shall be reduced from $7,159 per Acre to $
per Acre.
2. The Special Tax for Facilities may be modified prior to the first building permit issuance within
CFD No. 2006-1 (IA B) and prior to the issuance of the first series of Bonds of CFD No. 2006-1
(IA B).
3. Upon execution of the Certificate by the City of Lake Elsinore and "Owner" under the Funding
Agreement, the City shall cause an amended notice of Special Tax lien for CFD No. 2006-1 (IA
B) to be recorded reflecting the modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD
No. 2006-1 (IA B), receipt of this Certificate and modification of the Rate and Method of
Apportionment as set forth in this Certificate.
CITY OF LAKE ELSINORE
By:
CFD Administrator
Owner per Funding Agreement
By:
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) -Improvement Area B Page 19
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2006-1
(SUMMERLY)
IMPROVEMENT AREA C
A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community
Facilities District No. 2006-1 (Summerly) Improvement Area C ("CFD No. 2006-1 (IA C)") and
collected each Fiscal Year commencing in Fiscal Year 2010-2011, in an amount determined through
the application of this Rate and Method of Apportionment as described below. All of the real
property in CFD No. 2006-1 (IA C), unless exempted by law or by the provisions hereof, shall be
taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown
on the applicable final map, parcel map, condominium plan, or other recorded County parcel
map.
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1,
Division 2 of Title 5 of the California Government Code.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 2006-1 (IA C): the costs of computing the
Special Taxes and preparing the annual Special Tax collection schedules (whether by the
City or designee thereof or both); the costs of collecting the Special Taxes (whether by the
City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the
Trustee (including its legal counsel) in the discharge of the duties required of it under the
Indenture; the costs to the City, CFD No. 2006-1 (IA C) or any designee thereof of
complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006-1 (IA C)
or any designee thereof of complying with disclosure requirements of the City, CFD No.
2006-1 (IA C) or obligated persons associated with applicable federal and state securities
laws and the Act; the costs associated with preparing Special Tax disclosure statements and
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No.
2006-1 (IA C) or any designee thereof related to an appeal of the Special Tax; the costs
associated with the release of funds from an escrow account; and the City's annual
administration fees and third party expenses. Administrative Expenses shall also include
amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2006-1
(IA C) for any other administrative purposes of CFD No. 2006-1 (IA C), including attorney's
fees and other costs, and attorney's fees and other costs related to commencing and pursuing
to completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
City of Lake Elsinore January 12, 2011
CFD No. 2006-1 (Summerly) - Improvement Area C page 1
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land
Use Class of Developed Property, as determined in accordance with Section C. 1.(b) below.
"Authorized Facilities" means those authorized improvements, as listed in an exhibit to the
Resolution of Formation.
"Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each
Assessor's Parcel of Developed Property, as determined in accordance with Section C.L(c)
below.
"Certificate of Occupancy" means a certificate issued by the City that authorizes the actual
occupancy of a dwelling unit for habitation by one or more residents.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement for Facilities, the Special Tax Requirement for
Services as determined in accordance with Section I below, and providing for the levy and
collection of the Special Taxes.
"CFD No. 2006-1" means City of Lake Elsinore Community Facilities District No. 2006-1
(Summerly).
"CFD No. 2006-1 (IA C)" means Improvement Area C of CFD No. 2006-1 as identified on
the boundary map for CFD No. 2006-1.
"CFD No. 2006-1 (IA C) Bonds" means any bonds or other debt (as defined in Section
53317(d) of the Act), whether in one or more series, issued by CFD No. 2006-1 (IA C) and
secured solely by the Special Tax for Facilities levy on property within the boundaries of
CFD No. 2006-1 (IA C) under the Act.
"City" means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the legislative
body of CFD No. 2006-1 (IA C).
"County" means the County of Riverside.
"Developed Property" means, with respect to the Special Tax for Facilities, for each Fiscal
Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property
Owner Association Property, for which the Final Subdivision was recorded on or before
January 1 of the prior Fiscal Year and a building permit for new construction was issued on
or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for
Facilities is being levied.
City of Lake Elsinore January 12, 2011
CFD No. 2006-1 (Summerly) -Improvement Area C Page 2
"Final Subdivision" means (i) a final map, or portion thereof, approved by the City pursuant
to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates
individual lots for which building permits may be issued, or (ii) for condominiums, a final
map, or portion thereof, approved by the City and a condominium plan recorded pursuant to
California Civil Code Section 1352 that creates individual lots for which building permits
may be issued.
"Funding Agreement" means the Funding, Construction and Acquisition Agreement entered
into by the City, on behalf of CFD No. 2006-1, as it may be amended.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which CFD No. 2006-1 (IA C) Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table 1 below
"Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities,
determined in accordance with Section C below, that can be levied in any Fiscal Year on any
Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit permitting the construction of one or more non-residential units or facilities
has been issued by the City.
"Outstanding Bonds" means all CFD No. 2006-1 (IA C) Bonds which are deemed to be
outstanding under the Indenture.
"Property Owner Association Property" means, for each Fiscal Year, any property within
the boundaries of CFD No. 2006-1 (IA C) that was owned by a property owner association,
including any master or sub-association, as of January 1 of the prior Fiscal Year.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax for
Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor's Parcels of
Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the
actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per
Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately"
may similarly be applied to other categories of Taxable Property as listed in Section D below.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of
CFD No. 2006-1 (IA C) owned by, irrevocably offered or dedicated to, or over, through or
under which an easement for purposes of public use has been granted, to the federal
government, the State, the County, the City, the Lake Elsinore Unified School District, or any
local government or other public agency as of January 1 of the previous Fiscal Year,
provided that any property leased by a public agency to a private entity and subject to
taxation under Section 53340.1 of the Act shall be taxed and classified according to its use;
City of Lake Elsinore January 12, 2011
CFD No. 2006-1 (Summerly) - Improvement Area C Page 3
or (ii) any property within the boundaries of CFD No. 2006-1 (IA C) that was encumbered, as
of January 1 of the previous Fiscal Year, by an unmanned utility easement making
impractical its utilization for other than the purpose set forth in the easement.
"Residential Floor Area" means all of the square footage of living area within the perimeter
of a residential structure, not including any carport, walkway, garage, overhang, patio,
enclosed patio, or similar area. The determination of Residential Floor Area for an
Assessor's Parcel shall be made by reference to the building permit(s) issued for such
Assessor's Parcel.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit permitting the construction thereon of one or more residential dwelling units
has been issued by the City.
"Resolution of Formation" means the resolution of formation for CFD No. 2006-1 (IA C).
"Special Tax" means any of the special taxes authorized to be levied by CFD No. 2006-1
(IA C) pursuant to the Act.
"Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Developed Property, Taxable Property Owner Association Property,
Taxable Public Property, and Undeveloped Property to fund the Special Tax Requirement for
Facilities.
"Special Tax Requirement for Facilities" means that amount required in any Fiscal Year
for CFD No. 2006-1 (IA C) to: (i) pay debt service on all Outstanding Bonds due in the
calendar year commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2006-
1 (IA C) Bonds, including but not limited to, credit enhancement and rebate payments on the
CFD No. 2006-1 (IA C) Bonds due in the calendar year commencing in such Fiscal Year;
(iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any
reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax for
Facilities delinquencies; (vi) pay directly for acquisition or construction of Authorized
Facilities to the extent that the inclusion of such amount does not increase the Special Tax for
Facilities levy on Undeveloped Property; less (vii) a credit for funds available to reduce the
annual Special Tax for Facilities levy, as determined by the CFD Administrator pursuant to
the Indenture.
"State" means the State of California.
"Tax Zone 1" means the parcels identified on Tract Map 31920-1 as Lot Nos. 7 and 8.
"Tax Zone 2" means the parcels identified on Tract Map 31920-1 as Lot Nos. 9, 10 and 11.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
2006-1 (IA C) which are not exempt from the Special Tax for Facilities pursuant to law or
Section E below.
City of Lake Elsinore January 12, 2011
CID No. 2006-1 (Summerly) - Improvement Area C Page 4
"Taxable Property Owner Association Property" means all Assessor's Parcels of Property
Owner Association Property that are not exempt pursuant to Section E below.
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt pursuant to Section E below.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property, Taxable Property Owner Association Property, or Taxable Public
Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2006-1 (IA C) shall be classified as
Developed Property, Taxable Public Property, Taxable Property Owner Association Property,
or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate
and Method of Apportionment determined pursuant to Sections C and D below. Residential
Property shall be assigned to Land Use Classes 1 through 14 as listed in Table 1 below based
on the Residential Floor Area for each unit. Non-Residential Property shall be assigned to
Land Use Class 15. With respect to Residential Property, the Residential Floor Area shall be
determined from the most recent building permit issued prior to the issuance of a Certificate
of Occupancy for such Assessor's Parcel.
C. MAXIMUM SPECIAL TAX FOR FACILITIES
Prior to the issuance of the first building permit within CFD No. 2006-1 (IA C), the Assigned
Special Tax for Facilities on Developed Property (set forth in Table 1), and the Backup
Special Tax for Facilities attributable to a Final Subdivision, may be reduced in accordance
with, and subject to the conditions set forth in this paragraph. If it is reasonably determined
by the CFD Administrator that the overlapping debt burden (as defined in the Statement of
Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982 adopted
by the City Council, the "Goals and Policies") calculated pursuant to the Goals and Policies
based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City's
maximum overlapping debt burden set forth in such document, the Assigned Special Tax for
Facilities on Developed Property, and the Backup Special Tax for Facilities attributable to a
Final Subdivision, may be reduced to the maximum overlapping debt burden level with the
written consent of the CFD Administrator. The reductions permitted pursuant to this
paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall
cause to be recorded by executing a certificate in substantially the form attached hereto as
Exhibit "A".
In addition, prior to the issuance of CFD No. 2006-1 (IA C) Bonds, the Assigned Special Tax
for Facilities on Developed Property and the Backup Special Tax for Facilities attributable to
a Final Subdivision may be reduced upon the written request of the "Owner" under the
Funding Agreement. Such written request shall include, at a minimum, the amount of the
reduced tax requested for each Land Use Class shown in Table I below. The City and CFD
City of Lake Elsinore January 12, 2011
CFD No. 2006-1 (Summerly) - Improvement Area C Page 5
Administrator shall review the written request, and if approved, the reductions permitted
pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which
the City shall cause to be recorded by executing a certificate in substantially the form
attached hereto as Exhibit "A".
Developed Property
(a) Maximum Special Tax for Facilities
The Maximum Special Tax for Facilities for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by application of
the Assigned Special Tax for Facilities or (ii) the amount derived by application of
the Backup Special Tax for Facilities.
(b) Assigned Special Tax for Facilities
The Fiscal Year 2010-2011 Assigned Special Tax for Facilities for each Land Use
Class is shown below in Table 1.
City of Lake Elsinore January 12, 2011
CFD No. 2006-1 (Summerly) - Improvement Area C Page 6
TABLE 1
Assigned Special Tax for Facilities for Developed Property
Community Facilities District No. 2006-1
(Improvement Area C)
Fiscal Year 2010-2011
d 13se
,
Na i
1
p
`
:~D
Residential Property
„
Residetr}
Zmi
1E
Floor lea
Less than 1,100 sq. ft.
szd specta)
2.a
o-M
F gam]~#es'
Rev_
; Tai4ne5
1 5+
$650 per unit
r~sstgped S
peeaaJ
.Taxfo kacahfreg
Taxe 2
$900 per unit
2
Residential Property
1,100 - 1,299 sq. ft.
$700 per unit
$950 per unit
3
Residential Property
1,300 - 1,499 sq. ft.
$750 per unit
$1,000 per unit
4
Residential Property
1,500 - 1,699 sq. ft.
$800 per unit
$1,050 per unit
5
Residential Property
1,700 - 1,899 sq, ft.
$850 per unit
$1,100 per unit
6
Residential Property
1,900 -2,099 sq. ft.
$900 per unit
$1,150 per unit
7
Residential Property
2,100 - 2,299 sq. ft.
$950 per unit
$1,200 per unit
8
Residential Property
2,300 - 2,499 sq. ft.
$1,000 per unit
$1,250 per unit
9
Residential Property
2,500 - 2,699 sq. ft.
$1,050 per unit
$1,300 per unit
10
Residential Property
2,700 - 2,899 sq. ft.
$1,100 per unit
$1,400 per unit
11
Residential Property
2,900 - 3,099 sq. ft.
$1,150 per unit
$1,500 per unit
12
Residential Property
3,100 - 3,299 sq. ft.
$1,400 per unit
$1,700 per unit
13
Residential Property
3,300 - 3,499 sq. ft.
$1,650 per unit
$1,900 per unit
14
Residential Property
More than 3,500 sq. ft.
$1,900 per unit
$2,100 per unit
15
Non-Residential Property
NA
$8,184 per Acre
$8,184 per Acre
(c) Backup Special Tax for Facilities
The Fiscal Year 2010-2011 Backup Special Tax for Facilities attributable to a Final
Subdivision will equal $8,184, multiplied by the Acreage of all Taxable Property,
exclusive of any Taxable Property Owner Association Property and Taxable Public
Property, therein. The Backup Special Tax for Facilities for each Assessor's Parcel
City of Lake Elsinore January 12, 2011
CFD No. 2006-1 (Summerly) -Improvement Area C page 7
of Residential Property shall be computed by dividing the Backup Special Tax for
Facilities attributable to the applicable Final Subdivision by the number of Assessor's
Parcels for which building permits for residential construction have or may be issued
(i.e., the number or residential lots). The Backup Special Tax for Facilities for each
Assessor's Parcel of Non-Residential Property therein shall equal $8,184 multiplied
by the Acreage of such Assessor's Parcel.
If a Final Subdivision includes Assessor's Parcels of Taxable Property for which
building permits for both residential and non-residential construction may be issued,
exclusive of Taxable Property Owner Association Property and Taxable Public
Property, then the Backup Special Tax for Facilities for each Assessor's Parcel of
Residential Property shall be computed exclusive of the Acreage and Assessor's
Parcels of property for which building permits for non-residential construction may
be issued.
Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s)
described in the preceding paragraphs is subsequently changed or modified by
recordation of a lot line adjustment or similar instrument, and only if the CFD
Administrator determines that such change or modification results in a decrease in the
number of Assessor's Parcels of Taxable Property for which building permits for
residential construction have or may be issued within such Final Subdivision, then the
Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property
that is part of the lot line adjustment or similar instrument for such Final Subdivision
shall be a rate per Acre as calculated below. The Backup Special Tax for Facilities
previously determined for an Assessor's Parcel of Developed Property that is not a
part of the lot line adjustment or similar instrument for such Final Subdivision shall
not be recalculated.
Determine the total Backup Special Tax for Facilities anticipated to
apply to the changed or modified portion of the Final Subdivision
area prior to the change or modification.
2. The result of paragraph 1 above shall be divided by the Acreage of
Taxable Property which is ultimately expected to exist in such
changed or modified portion of the Final Subdivision area, as
reasonably determined by the CFD Administrator.
3. The result of paragraph 2 above shall be the Backup Special Tax for
Facilities per Acre which shall be applicable to Assessor's Parcels of
Developed Property in such changed or modified portion of the Final
Subdivision area for all remaining Fiscal Years in which the Special
Tax for Facilities may be levied.
(d) Release of Obligation to Pay and Disclose Backup Special Tax
All Assessor's Parcels within CFD No. 2006-1 (IA C) will be relieved simultaneously
and permanently from the obligation to pay and disclose the backup Special Tax if
the CFD Administrator determines that the annual debt service required for the
City of Lake Elsinore January 12, 2011
CID No. 2006-1 (Summerly) - Improvement Area C Page 8
Outstanding Bonds, when compared to the Assigned Special Taxes for Facilities that
may be levied against all Assessor's Parcels of Developed Property results in 110%
debt service coverage (i.e., the aggregate Assigned Special Taxes for Facilities that
may be levied against all Developed Property in each remaining Fiscal Year based on
then existing development in CFD No. 2006-1 (IA C) is at least equal to the sum of
(i) the Administrative Expenses and (ii) 1.10 times maximum annual debt service, in
each remaining Fiscal Year on the Outstanding Bonds).
(e) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for
Facilities
The Fiscal Year 2010-2011 Assigned Special Tax for Facilities, identified in Table 1
above, and Backup Special Tax for Facilities shall increase thereafter, commencing
on July 1, 2011 and on July 1 of each Fiscal Year thereafter, by an amount equal to
two percent (2%) of the amount in effect for the previous Fiscal Year.
(f) Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more than
one Land Use Class. The Maximum Special Tax for Facilities levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all
Land Use Classes located on that Assessor's Parcel. The CFD Administrator's
allocation to each type of property shall be final.
2. Taxable Property Owner Association Property, Taxable Public Property, and
Undeveloped Property
The Fiscal Year 2010-2011 Maximum Special Tax for Facilities for Taxable Property
Owner Association Property, Taxable Public Property, and Undeveloped Property
shall be $8,184 per Acre and shall increase thereafter, commencing on July 1, 2011
and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%)
of the Maximum Special Tax for Facilities in effect for the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES
Commencing with Fiscal Year 2010-2011 and for each following Fiscal Year, the City
Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax
for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax
Requirement for Facilities. The Special Tax for Facilities shall be levied each Fiscal Year as
follows:
First: The Special Tax for Facilities shall be levied on each Assessor's Parcel of Developed
Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities;
Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first step has been completed, the Special Tax for Facilities shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the
Maximum Special Tax for Facilities for Undeveloped Property;
City of Lake Elsinore January 12, 2011
CID No. 2006-1 (Summerly) -Improvement Area C Page 9
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first two steps have been completed, then the levy of the Special Tax for Facilities
on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities
is determined through the application of the Backup Special Tax for Facilities shall be
increased in equal percentages from the Assigned Special Tax for Facilities up to the
Maximum Special Tax for Facilities for each such Assessor's Parcel;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first three steps have been completed, then the Special Tax for Facilities shall be
levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association
Property and Taxable Public Property at up to 100% of the Maximum Special Tax for
Facilities for Taxable Property Owner Association Property or Taxable Public Property.
Notwithstanding the above, the City Council may, in any Fiscal Year, levy Proportionately
less than 100% of the Assigned Special Tax for Facilities in step one (above), when (i) the
City Council is no longer required to levy the Special Tax for Facilities pursuant to steps two
through four above in order to meet the Special Tax Requirement for Facilities; (ii) all
authorized CFD No. 2006-1 (IA C) Bonds have already been issued or the City Council has
covenanted that it will not issue any additional CFD No. 2006-1 (IA C) Bonds (except
refunding bonds) to be supported by the Special Tax for Facilities; and (iii) all Authorized
Facilities have been constructed and/or acquired.
Further notwithstanding the above, under no circumstances will the Special Tax for Facilities
levied against any Assessor's Parcel of Residential Property for which a Certificate of
Occupancy has been issued be increased by more than ten percent as a consequence of
delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006-1
(IA Q.
E.
No Special Tax for Facilities shall be levied on up to 19.13 Acres of Property Owner
Association Property and/or Public Property in CFD No. 2006-1 (IA Q. Tax-exempt status
will be assigned by the CFD Administrator in the chronological order in which property
becomes Property Owner Association Property or Public Property. However, should an
Assessor's Parcel no longer be classified as Property Owner Association Property or Public
Property, its tax-exempt status will be revoked.
Property Owner Association Property or Public Property that is not exempt from Special Tax
for Facilities under this section shall be subject to the levy of the Special Tax for Facilities
and shall be taxed Proportionately as part of the fourth step in Section D above, at up to
100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association
Property or Taxable Public Property.
City of Lake Elsinore January 12, 2011
CID No. 2006-1 (Summerly) - Improvement Area C Page 10
F. MANNER OF COLLECTION
The Special Tax for Facilities shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 2006-1 (IA C) may
directly bill the Special Tax for Facilities, may collect Special Taxes at a different time or in
a different manner if necessary to meet its financial obligations, and may covenant to
foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the
Act.
G. PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The following additional definitions apply to this Section G:
"Buildout" means, for CFD No. 2006-1 (IA C), that all expected building permits have been
issued.
"CFD Public Facilities Costs" means either $5,430,000 in 2010 dollars, which shall
increase by the Construction Inflation Index on July 1, 2011, and on each July 1 thereafter, or
such lower number as (i) shall be determined by the CFD Administrator as sufficient to fund
the Authorized Facilities to be provided by CFD No. 2006-1 (IA C) under the authorized
bonding program for CFD No. 2006-1 (IA C), or (ii) shall be determined by the City Council
concurrently with a covenant that it will not issue any more CFD No. 2006-1 (IA C) Bonds
(except refunding bonds) to be supported by the Special Tax for Facilities levy under this
Rate and Method of Apportionment as described in Section D above.
"Construction Inflation Index" means the annual percentage change in the Engineering
News Record Building Cost Index for the City of Los Angeles, measured as of the calendar
year which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the CFD
Administrator that is reasonably comparable to the Engineering News Record Building Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) public facility
costs previously paid from the Improvement Fund, (ii) moneys currently on deposit in the
Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected
to be available to finance the cost of Authorized Facilities.
"Improvement Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct Authorized
Facilities eligible under the Act.
"Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are
deemed to be outstanding under the Indenture after the first interest and/or principal payment
date following the current Fiscal Year.
City of Lake Elsinore January 12, 2011
CID No. 2006-1 (Summerly) - Improvement Area C Page 11
Prepayment in Full
Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a
building permit has been issued, may be prepaid. The obligation of the Assessor's Parcel to
pay the Special Tax for Facilities may be permanently satisfied as described herein, provided
that a prepayment may be made with respect to a particular Assessor's Parcel only if there are
no delinquent Special Taxes with respect to such Assessor's Parcel at the time of
prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax for
Facilities obligation shall provide the CFD Administrator with written notice of intent to
prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify
such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator
may charge a reasonable fee for providing this service. Prepayment must be made not less
than 45 days prior to the next occurring date that notice of redemption of CFD No. 2006-1
(IA C) Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to
the Indenture.
The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as
summarized below (capitalized terms as defined below):
Bond Redemption Amount
plus
Redemption Premium
plus
Future Facilities Amount
plus
Defeasance Amount
plus
Administrative Fees and Expenses
less
Reserve Fund Credit
less
Capitalized Interest Credit
Total: equals
Special Tax for Facilities Prepayment Amount
As of the proposed date of prepayment, the Special Tax for Facilities Prepayment Amount
shall be calculated as follows:
Paraeraph No.:
Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax for
Facilities and Backup Special Tax for Facilities. For Assessor's Parcels of
Undeveloped Property for which a building permit has been issued, compute the
Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that
Assessor's Parcel as though it was already designated as Developed Property, based
upon the building permit which has already been issued for that Assessor's Parcel.
(a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2
by the total estimated Assigned Special Tax for Facilities for the entire CFD No.
2006-1 (IA C) based on the Developed Property Special Tax for Facilities which
could be levied in the current Fiscal Year on all expected development through
City of Lake Elsinore January 12, 2011
CID No. 2006-1(Summerly) - Improvement Area C Page 12
Buildout of CFD No. 2006-1 (IA C), excluding any Assessor's Parcels which have
been prepaid, and
(b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by
the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD
No. 2006-1 (IA C), excluding any Assessor's Parcels which have been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
Previously Issued Bonds to compute the amount of Previously Issued Bonds to be
retired and prepaid (the "Bond Redemption Amount").
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (e.g., the redemption price-100%), if any, on the
Previously Issued Bonds to be redeemed (the "Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
amount determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Amount").
8. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Previously Issued Bonds.
9. Determine the Special Tax for Facilities levied on the Assessor's Parcel in the current
Fiscal Year which has not yet been paid.
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Special Tax for Facilities Prepayment Amount less the
Future Facilities Amount and the Administrative Fees and Expenses (defined below)
from the date of prepayment until the redemption date for the Previously Issued
Bonds to be redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount").
12. The administrative fees and expenses of CFD No. 2006-1 (IA C) are as calculated by
the CFD Administrator and include the costs of computation of the prepayment, the
costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006-1 (IA
C) Bonds, and the costs of recording any notices to evidence the prepayment and the
redemption (the "Administrative Fees and Expenses").
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Previously Issued Bonds as a result of the
prepayment, or (b) the amount derived by subtracting the new reserve requirement (as
defined in the Indenture) in effect after the redemption of Previously Issued Bonds as
City of Lake Elsinore January l2, 2011
CID No. 2006-1 (Summerly) - Improvement Area C Page 13
a result of the prepayment from the balance in the reserve fund on the prepayment
date, but in no event shall such amount be less than zero. No Reserve Fund Credit
shall be granted if the amount then on deposit in the reserve fund for the Previously
Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture).
14. If any capitalized interest for the Previously Issued Bonds will not have been expended
as of the date immediately following the first interest and/or principal payment
following the current Fiscal Year, a capitalized interest credit shall be calculated by
multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
expected balance in the capitalized interest fund or account under the Indenture after
such first interest and/or principal payment (the "Capitalized Interest Credit").
15. The Special Tax for Facilities prepayment is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to
paragraphs 13 and 14 (the "Special Tax for Facilities PrepaymentAmount").
From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to
paragraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established
under the Indenture and be used to retire CFD No. 2006-1 (IA C) Bonds or make debt service
payments. The amount computed pursuant to paragraph 7 shall be deposited into the
Improvement Fund. The amount computed pursuant to paragraph 12 shall be retained by
CFD No. 2006-1 (IA C).
The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full
$5,000 increment of CFD No. 2006-1 (IA C) Bonds. In such cases, the increment above
$5,000 or integral multiple thereof will be retained in the appropriate fund established under
the Indenture to be used with the next prepayment of CFD No. 2006-1 (IA C) Bonds or to
make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax for Facilities levy as
determined under paragraph 9 (above), the CFD Administrator shall remove the current
Fiscal Year's Special Tax for Facilities levy for such Assessor's Parcel from the County tax
rolls. With respect to any Assessor's Parcel that is prepaid, the City Council shall cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the
Special Tax for Facilities and the release of the Special Tax for Facilities lien on such
Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax for
Facilities shall cease.
Notwithstanding the foregoing, no Special Tax for Facilities prepayment shall be allowed
unless, at the time of such proposed prepayment, the amount of Maximum Special Tax for
Facilities that may be levied on Taxable Property within CFD No. 2006-1 (IA C) (after
excluding 19.13 Acres of Property Owner Association Property and/or Public Property in
CFD No. 2006-1 (IA C) as set forth in Section E) both prior to and after the proposed
prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in
Section A above, and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal
Year on the Outstanding Bonds.
City of Lake Elsinore January 12, 2011
CFD No. 2006-1(Summerly) - Improvement Area C Page 14
2. Prepayment in Part
The Special Tax for Facilities on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Undeveloped Property for which a building permit has been issued may
be partially prepaid. The amount of the prepayment shall be calculated as in Section G.1;
except that a partial prepayment shall be calculated according to the following formula:
PP=[(PE-A)xF]+A
These terms have the following meaning:
PP = the partial prepayment.
PE = the Special Tax for Facilities Prepayment Amount calculated according to
Section G.1.
F = the percentage, expressed as a decimal, by which the owner of the Assessor's
Parcel is partially prepaying the Special Tax for Facilities.
A = the Administrative Fees and Expenses calculated according to Section G.1.
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the
percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial prepayment of
the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and may
charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that
is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to
Section G.1, and (ii) indicate in the records of CFD No. 2006-1 (IA C) that there has been a
partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for
Facilities with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 -
F) of the remaining Maximum Special Tax for Facilities, shall continue to be levied on such
Assessor's Parcel pursuant to Section D above.
H. TERM OF SPECIAL TAX FOR FACILITIES
The Special Tax for Facilities shall be levied until Fiscal Year 2054-2055, provided however
that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD
Administrator has determined (i) that all required interest and principal payments on the CFD
No. 2006-1 (IA C) Bonds have been paid; (ii) all Authorized Facilities have been acquired and
all reimbursements required by the Funding Agreement have been paid; and (iii) all other
obligations of CFD No. 2006-1 (IA C) have been satisfied. Bonds shall not be issued after
eighteen (18) months have elapsed following the issuance of the final Certificate of Occupancy
within CFD No. 2006-1 (IA C), except as otherwise provided in the Funding Agreement.
City of Lake Elsinore January 12, 2011
CID No. 2006-1 (Summerly) - Improvement Area C Page 15
I. SPECIAL TAX FOR SERVICES
The following additional definitions apply to this Section I:
"Developed Multifamily Unit" means a residential dwelling unit within a building in which
each of the individual dwelling units has or shall have at least one common wall with another
dwelling unit and a building permit has been issued by the City for such dwelling unit on or
prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being
levied.
"Developed Single Family Unit" means a residential dwelling unit other than a Developed
Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the
City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is
being levied.
"Maximum Special Tax for Services" means the maximum Special Tax for Services that
can be levied by CFD No. 2006-1 (IA C) in any Fiscal Year on any Assessor's Parcel.
"Operating Fund" means a fund that shall be maintained for CFD No. 2006-1 (IA C) for
any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the
applicable Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the end of
the preceding Fiscal Year.
"Service Area" means public parks, open space, and storm drains.
"Special Tax for Services" means any of the special taxes authorized to be levied within
CFD No. 2006-1 (IA C) pursuant to the Act to fund the Special Tax Requirement for
Services.
"Special Tax Requirement for Services" means the amount determined in any Fiscal Year
for CFD No. 2006-1 (IA C) equal to (i) the budgeted costs directly related to the Service
Area, including maintenance, repair and replacement of certain components of the Service
Area which have been accepted and maintained or are reasonably expected to be accepted
and maintained during the current Fiscal Year, (ii) pay Administrative Expenses, and (iii)
anticipated Special Tax for Services delinquencies, less (iv) the Operating Fund Balance, as
determined by the CFD Administrator.
1. Rate and Method of Apportionment of the Special Tax for Services
Commencing with Fiscal Year 2010-2011 and for each subsequent Fiscal Year, the City
Council shall levy the Special Tax for Services on (i) all Assessor's Parcels containing a
Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels
of Non-Residential Property, up to the applicable Maximum Special Tax for Services to fund
the Special Tax Requirement for Services.
City of Lake Elsinore January 12, 2011
CFD No. 2006-1 (Summerly) - Improvement Area C Page 16
The Maximum Special Tax for Services for Fiscal Year 2010-I1 shall be $267.18 per
Developed Single Family Unit, $133.59 per Developed Multifamily Unit, and $601.72 per
Acre for each Assessor's Parcel of Non-Residential Property.
On each July 1, commencing July 1, 2011, the Maximum Special Tax for Services shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
2. Duration of the Special Tax for Services
The Special Tax for Services shall be levied in perpetuity to fund the Special Tax
Requirement for Services, unless no longer required as determined at the sole discretion of
the City Council.
3. Collection of the Special Tax for Services
The Special Tax for Services shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided, however, that CFD No. 2006-1 (IA C) may
collect the Special Tax for Services at a different time or in a different manner if necessary to
meet its funding requirements.
J. APPEALS AND INTERPRETATIONS
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error may submit a written appeal to CFD No. 2006-1 (IA C). The
CFD Administrator shall review the appeal and if the CFD Administrator concurs, the
amount of the Special Tax levied shall be appropriately modified.
The City Council may interpret this Rate and Method of Apportionment for purposes of
clarifying any ambiguity and make determinations relative to the annual administration of the
Special Tax and any landowner or resident appeals. Any decision of the City Council shall
be final and binding as to all persons.
City of Lake Elsinore January 12, 2011
CFD No. 2006-1 (Summerly) - Improvement Area C Page 17
EXHIBIT "A"
CITY OF LAKE ELSINORE AND CFD No. 2006-1 (IA C) CERTIFICATE
Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore and
City of Lake Elsinore Community Facilities District No. 2006-1 Improvement Area C ("CFD No.
2006-1 (IA C)") hereby agree to a reduction in the Assigned Special Tax for Facilities for
Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision
within CFD No. 2006-1 (IA C):
(a) The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed
Property within CFD No. 2006-1 (IA C) shall be modified as follows:
j } s
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~
A~szg'n SpecXal
Viand UJ§e
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Tf ad n l
;fo4 Esi hhes
r) a fQ ~Facxitttes=
Cass
;rDedpt fibx'
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1
Residential Property
Less than 1,100 sq. ft.
$ per unit
$ per unit
2
Residential Property
1,100 - 1,299 sq. ft.
$ per unit
$ per unit
3
Residential Property
1,300 - 1,499 sq. ft.
$ per unit
$ per unit
4
Residential Property
1,500 - 1,699 sq. ft.
$ per unit
$ per unit
5
Residential Property
1,700 - 1,899 sq. ft.
$ per unit
$ per unit
6
Residential Property
1,900 - 2,099 sq. ft.
$ per unit
$ per unit
7
Residential Property
2,100 - 2,299 sq. ft.
$ per unit
$ per unit
8
Residential Property
2,300 - 2,499 sq. ft.
$ per unit
$ per unit
9
Residential Property
2,500 - 2,699 sq. ft.
$ per unit
$ per unit
10
Residential Property
2,700 - 2,899 sq. ft.
$ per unit
$ per unit
11
Residential Property
2,900 - 3,099 sq. ft.
$ per unit
$ per unit
12
Residential Property
3,100 - 3,299 sq. ft.
$ per unit
$ per unit
13
Residential Property
3,300 - 3,499 sq. ft.
$ per unit
$ per unit
14
Residential Property
More than 3,500 sq. ft.
$ per unit
$ per unit
15
Non-Residential Property
NA
$ per acre
$ per acre
City of Lake Elsinore January 12, 2011
CID No. 2006-1 (Summerly) - Improvement Area C Page 18
(b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No.
2006-1 (IA C), as stated in Section C.L(c), shall be reduced from $8,184 per Acre to $
per Acre.
2. The Special Tax for Facilities may be modified prior to the first building permit issuance within
CFD No. 2006-1 (IA C) and prior to the issuance of the first series of Bonds of CFD No. 2006-1
(IA Q.
3. Upon execution of the Certificate by the City of Lake Elsinore and "Owner" under the Funding
Agreement, the City shall cause an amended notice of Special Tax lien for CFD No. 2006-1 (IA
C) to be recorded reflecting the modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD
No. 2006-1 (IA C), receipt of this Certificate and modification of the Rate and Method of
Apportionment as set forth in this Certificate.
CITY OF LAKE ELSINORE
CFD Administrator
Owner per Funding Agreement
By:
City of Lake Elsinore January 12, 2011
CFD No. 2006-1 (Summerly) - Improvement Area C page 19
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2006-1
(SUMMERLY)
IMPROVEMENT AREA D
A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community
Facilities District No. 2006-1 (Summerly) Improvement Area D ("CFD No. 2006-1 (IA D)") and
collected each Fiscal Year commencing in Fiscal Year 2010-2011, in an amount determined through
the application of this Rate and Method of Apportionment as described below. All of the real
property in CFD No. 2006-1 (IA D), unless exempted by law or by the provisions hereof, shall be
taxed for the purposes, to the extent and in the manner herein provided.
A.
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown
on the applicable final map, parcel map, condominium plan, or other recorded County parcel
map.
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1,
Division 2 of Title 5 of the California Government Code.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 2006-1 (IA D): the costs of computing the
Special Taxes and preparing the annual Special Tax collection schedules (whether by the
City or designee thereof or both); the costs of collecting the Special Taxes (whether by the
City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the
Trustee (including its legal counsel) in the discharge of the duties required of it under the
Indenture; the costs to the City, CFD No. 2006-1 (IA D) or any designee thereof of
complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006-1 (IA D)
or any designee thereof of complying with disclosure requirements of the City, CFD No.
2006-1 (IA D) or obligated persons associated with applicable federal and state securities
laws and the Act; the costs associated with preparing Special Tax disclosure statements and
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No.
2006-1 (IA D) or any designee thereof related to an appeal of the Special Tax; the costs
associated with the release of funds from an escrow account; and the City's annual
administration fees and third party expenses. Administrative Expenses shall also include
amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2006-1
(IA D) for any other administrative purposes of CFD No. 2006-1 (IA D), including attorney's
fees and other costs, and attorney's fees and other costs related to commencing and pursuing
to completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area D Page 1
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land
Use Class of Developed Property, as determined in accordance with Section C. L(b) below.
"Authorized Facilities" means those authorized improvements, as listed in an exhibit to the
Resolution of Formation.
"Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each
Assessor's Parcel of Developed Property, as determined in accordance with Section C.L(c)
below.
"Certificate of Occupancy" means a certificate issued by the City that authorizes the actual
occupancy of a dwelling unit for habitation by one or more residents.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement for Facilities, the Special Tax Requirement for
Services as determined in accordance with Section I below, and providing for the levy and
collection of the Special Taxes.
"CFD No. 2006-1" means City of Lake Elsinore Community Facilities District No. 2006-1
(Summerly).
"CFD No. 2006-1 (IA D)" means Improvement Area D of CFD No. 2006-1 as identified on
the boundary map for CFD No. 2006-1.
"CFD No. 2006-1 (IA D) Bonds" means any bonds or other debt (as defined in Section
53317(d) of the Act), whether in one or more series, issued by CFD No. 2006-1 (IA D) and
secured solely by the Special Tax for Facilities levy on property within the boundaries of
CFD No. 2006-1 (IA D) under the Act.
"City" means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the legislative
body of CFD No. 2006-1 (IA D).
"County" means the County of Riverside.
"Developed Property" means, with respect to the Special Tax for Facilities, for each Fiscal
Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property
Owner Association Property, for which the Final Subdivision was recorded on or before
January 1 of the prior Fiscal Year and a building permit for new construction was issued on
or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for
Facilities is being levied.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area D Page 2
"Final Subdivision" means (i) a final map, or portion thereof, approved by the City pursuant
to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates
individual lots for which building permits may be issued, or (ii) for condominiums, a final
map, or portion thereof, approved by the City and a condominium plan recorded pursuant to
California Civil Code Section 1352 that creates individual lots for which building permits
may be issued.
"Funding Agreement" means the Funding, Construction and Acquisition Agreement entered
into by the City, on behalf of CFD No. 2006-1, as it may be amended.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which CFD No. 2006-1 (IA D) Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table 1 below.
"Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities,
determined in accordance with Section C below, that can be levied in any Fiscal Year on any
Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit permitting the construction of one or more non-residential units or facilities
has been issued by the City.
"Outstanding Bonds" means all CFD No. 2006-1 (IA D) Bonds which are deemed to be
outstanding under the Indenture.
"Property Owner Association Property" means, for each Fiscal Year, any property within
the boundaries of CFD No. 2006-1 (IA D) that was owned by a property owner association,
including any master or sub-association, as of January 1 of the prior Fiscal Year.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax for
Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor's Parcels of
Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the
actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per
Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately"
may similarly be applied to other categories of Taxable Property as listed in Section D below.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of
CFD No. 2006-1 (IA D) owned by, irrevocably offered or dedicated to, or over, through or
under which an easement for purposes of public use has been granted, to the federal
government, the State, the County, the City, the Lake Elsinore Unified School District, or any
local government or other public agency as of January 1 of the previous Fiscal Year,
provided that any property leased by a public agency to a private entity and subject to
taxation under Section 53340.1 of the Act shall be taxed and classified according to its use;
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area D Page 3
or (ii) any property within the boundaries of CFD No. 2006-1 (IA D) that was encumbered,
as of January I of the previous Fiscal Year, by an unmanned utility easement making
impractical its utilization for other than the purpose set forth in the easement.
"Residential Floor Area" means all of the square footage of living area within the perimeter
of a residential structure, not including any carport, walkway, garage, overhang, patio,
enclosed patio, or similar area. The determination of Residential Floor Area for an
Assessor's Parcel shall be made by reference to the building permit(s) issued for such
Assessor's Parcel.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit permitting the construction thereon of one or more residential dwelling units
has been issued by the City.
"Resolution of Formation" means the resolution of formation for CFD No. 2006-1 (IA D).
"Special Tax" means any of the special taxes authorized to be levied by CFD No. 2006-1
(IA D) pursuant to the Act.
"Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Developed Property, Taxable Property Owner Association Property,
Taxable Public Property, and Undeveloped Property to fund the Special Tax Requirement for
Facilities.
"Special Tax Requirement for Facilities" means that amount required in any Fiscal Year
for CFD No. 2006-1 (IA D) to: (i) pay debt service on all Outstanding Bonds due in the
calendar year commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2006-
1 (IA D) Bonds, including but not limited to, credit enhancement and rebate payments on the
CFD No. 2006-1 (IA D) Bonds due in the calendar year commencing in such Fiscal Year;
(iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any
reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax for
Facilities delinquencies; (vi) pay directly for acquisition or construction of Authorized
Facilities to the extent that the inclusion of such amount does not increase the Special Tax for
Facilities levy on Undeveloped Property; less (vii) a credit for funds available to reduce the
annual Special Tax for Facilities levy, as determined by the CFD Administrator pursuant to
the Indenture.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
2006-1 (IA D) which are not exempt from the Special Tax for Facilities pursuant to law or
Section E below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of Property
Owner Association Property that are not exempt pursuant to Section E below.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly)- Improvement Area D Page 4
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt pursuant to Section E below.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property, Taxable Property Owner Association Property, or Taxable Public
Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2006-1 (IA D) shall be classified as
Developed Property, Taxable Public Property, Taxable Property Owner Association Property,
or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate
and Method of Apportionment determined pursuant to Sections C and D below. Residential
Property shall be assigned to Land Use Classes 1 through 14 as listed in Table 1 below based
on the Residential Floor Area for each unit. Non-Residential Property shall be assigned to
Land Use Class 15. With respect to Residential Property, the Residential Floor Area shall be
determined from the most recent building permit issued prior to the issuance of a Certificate
of Occupancy for such Assessor's Parcel.
C. MAXIMUM SPECIAL TAX FOR FACILITIES
Prior to the issuance of the first building permit within CFD No. 2006-1 (IA D), the Assigned
Special Tax for Facilities on Developed Property (set forth in Table 1), and the Backup
Special Tax for Facilities attributable to a Final Subdivision, may be reduced in accordance
with, and subject to the conditions set forth in this paragraph. If it is reasonably determined
by the CFD Administrator that the overlapping debt burden (as defined in the Statement of
Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982 adopted
by the City Council, the "Goals and Policies") calculated pursuant to the Goals and Policies
based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City's
maximum overlapping debt burden set forth in such document, the Assigned Special Tax for
Facilities on Developed Property, and the Backup Special Tax for Facilities attributable to a
Final Subdivision, may be reduced to the maximum overlapping debt burden level with the
written consent of the CFD Administrator. The reductions permitted pursuant to this
paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall
cause to be recorded by executing a certificate in substantially the form attached hereto as
Exhibit "A".
In addition, prior to the issuance of CFD No. 2006-1 (IA D) Bonds, the Assigned Special Tax
for Facilities on Developed Property and the Backup Special Tax for Facilities attributable to
a Final Subdivision may be reduced upon the written request of the "Owner" under the
Funding Agreement. Such written request shall include, at a minimum, the amount of the
reduced tax requested for each Land Use Class shown in Table 1 below. The City and CFD
Administrator shall review the written request, and if approved, the reductions permitted
pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area D Page 5
the City shall cause to be recorded by executing a certificate in substantially the form
attached hereto as Exhibit "A".
1. Developed Property
(a) Maximum Special Tax for Facilities
The Maximum Special Tax for Facilities for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by application of
the Assigned Special Tax for Facilities or (ii) the amount derived by application of
the Backup Special Tax for Facilities.
(b) Assigned Special Tax for Facilities
The Fiscal Year 2010-2011 Assigned Special Tax for Facilities for each Land Use
Class is shown below in Table 1.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) -Improvement Area D Page 6
TABLE 1
Assigned Special Tax for Facilities for Developed Property
Community Facilities District No. 2006-1
(Improvement Area D)
Fiscal Year 2010-2011
WINCE
~
ReSldentral
-
~2 szg ed S ec~aJ Tax
Herat
(,'~2S$ ,3
'i > 5
I]eSCrJ
OIIt-
d? IYP t'0. t
~OUr~AY-r
a
_"QaGtlltlBS
y
.
y
1
Residential Property
Less than 1,100 sq. ft.
$975 per unit
2
Residential Property
1,100 - 1,299 sq. ft.
$1,050 per unit
3
Residential Property
1,300 - 1,499 sq. ft.
$1,125 per unit
4
Residential Property
1,500 - 1,699 sq. ft.
$1,200 per unit
5
Residential Property
1,700 - 1,899 sq. ft.
$1,275 per unit
6
Residential Property
1,900 - 2,099 sq. ft.
$1,350 per unit
7
Residential Property
2,100 - 2,299 sq. ft.
$1,425 per unit
8
Residential Property
2,300 - 2,499 sq. ft.
$1,500 per unit
9
Residential Property
2,500 - 2,699 sq. ft.
$1,550 per unit
10
Residential Property
2,700 -2,899 sq. ft.
$1,625 per unit
11
Residential Property
2,900 - 3,099 sq. ft.
$1,775 per unit
12
Residential Property
3,100 - 3,299 sq. ft.
$1,925 per unit
13
Residential Property
3,300 - 3,499 sq. ft.
$2,075 per unit
14
Residential Property
More than 3,500 sq, ft.
$2,225 per unit
15
Non-Residential Property
NA
$11,796 per Acre
(c) Backup Special Tax for Facilities
The Fiscal Year 2010-2011 Backup Special Tax for Facilities attributable to a Final
Subdivision will equal $11,796, multiplied by the Acreage of all Taxable Property,
exclusive of any Taxable Property Owner Association Property and Taxable Public
Property, therein. The Backup Special Tax for Facilities for each Assessor's Parcel
of Residential Property shall be computed by dividing the Backup Special Tax for
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area D Page 7
Facilities attributable to the applicable Final Subdivision by the number of Assessor's
Parcels for which building permits for residential construction have or may be issued
(i.e., the number or residential lots). The Backup Special Tax for Facilities for each
Assessor's Parcel of Non-Residential Property therein shall equal $11,796 multiplied
by the Acreage of such Assessor's Parcel.
If a Final Subdivision includes Assessor's Parcels of Taxable Property for which
building permits for both residential and non-residential construction may be issued,
exclusive of Taxable Property Owner Association Property and Taxable Public
Property, then the Backup Special Tax for Facilities for each Assessor's Parcel of
Residential Property shall be computed exclusive of the Acreage and Assessor's
Parcels of property for which building permits for non-residential construction may
be issued.
Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s)
described in the preceding paragraphs is subsequently changed or modified by
recordation of a lot line adjustment or similar instrument, and only if the CFD
Administrator determines that such change or modification results in a decrease in the
number of Assessor's Parcels of Taxable Property for which building permits for
residential construction have or may be issued within such Final Subdivision, then the
Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property
that is part of the lot line adjustment or similar instrument for such Final Subdivision
shall be a rate per Acre as calculated below. The Backup Special Tax for Facilities
previously determined for an Assessor's Parcel of Developed Property that is not a
part of the lot line adjustment or similar instrument for such Final Subdivision shall
not be recalculated.
Determine the total Backup Special Tax for Facilities anticipated to
apply to the changed or modified portion of the Final Subdivision
area prior to the change or modification.
2. The result of paragraph 1 above shall be divided by the Acreage of
Taxable Property which is ultimately expected to exist in such
changed or modified portion of the Final Subdivision area, as
reasonably determined by the CFD Administrator.
3. The result of paragraph 2 above shall be the Backup Special Tax for
Facilities per Acre which shall be applicable to Assessor's Parcels of
Developed Property in such changed or modified portion of the Final
Subdivision area for all remaining Fiscal Years in which the Special
Tax for Facilities may be levied.
(d) Release of Obligation to Pay and Disclose Backup Special Tax
All Assessor's Parcels within CFD No. 2006-1 (IA D) will be relieved
simultaneously and permanently from the obligation to pay and disclose the backup
Special Tax if the CFD Administrator determines that the annual debt service
required for the Outstanding Bonds, when compared to the Assigned Special Taxes
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summer(y) - Improvement Area D Page 8
for Facilities that may be levied against all Assessor's Parcels of Developed Property
results in 110% debt service coverage (i.e., the aggregate Assigned Special Taxes for
Facilities that may be levied against all Developed Property in each remaining Fiscal
Year based on then existing development in CFD No. 2006-1 (IA D) is at least equal
to the sum of (i) the Administrative Expenses and (ii) 1.10 times maximum annual
debt service, in each remaining Fiscal Year on the Outstanding Bonds).
(e) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for
Facilities
The Fiscal Year 2010-2011 Assigned Special Tax for Facilities, identified in Table 1
above, and Backup Special Tax for Facilities shall increase thereafter, commencing
on July 1, 2011 and on July 1 of each Fiscal Year thereafter, by an amount equal to
two percent (2%) of the amount in effect for the previous Fiscal Year.
(f) Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more than
one Land Use Class. The Maximum Special Tax for Facilities levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all
Land Use Classes located on that Assessor's Parcel. The CFD Administrator's
allocation to each type of property shall be final.
2. Taxable Property Owner Association Property Taxable Public Property, and
Undeveloped Property
The Fiscal Year 2010-2011 Maximum Special Tax for Facilities for Taxable Property
Owner Association Property, Taxable Public Property, and Undeveloped Property
shall be $11,796 per Acre and shall increase thereafter, commencing on July 1, 2011
and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%)
of the Maximum Special Tax for Facilities in effect for the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES
Commencing with Fiscal Year 2010-2011 and for each following Fiscal Year, the City
Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax
for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax
Requirement for Facilities. The Special Tax for Facilities shall be levied each Fiscal Year as
follows:
First: The Special Tax for Facilities shall be levied on each Assessor's Parcel of Developed
Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities;
Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first step has been completed, the Special Tax for Facilities shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the
Maximum Special Tax for Facilities for Undeveloped Property;
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area D Page 9
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first two steps have been completed, then the levy of the Special Tax for Facilities
on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities
is determined through the application of the Backup Special Tax for Facilities shall be
increased in equal percentages from the Assigned Special Tax for Facilities up to the
Maximum Special Tax for Facilities for each such Assessor's Parcel;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first three steps have been completed, then the Special Tax for Facilities shall be
levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association
Property and Taxable Public Property at up to 100% of the Maximum Special Tax for
Facilities for Taxable Property Owner Association Property or Taxable Public Property.
Notwithstanding the above, the City Council may, in any Fiscal Year, levy Proportionately
less than 100% of the Assigned Special Tax for Facilities in step one (above), when (i) the
City Council is no longer required to levy the Special Tax for Facilities pursuant to steps two
through four above in order to meet the Special Tax Requirement for Facilities; (ii) all
authorized CFD No. 2006-1 (IA D) Bonds have already been issued or the City Council has
covenanted that it will not issue any additional CFD No. 2006-1 (IA D) Bonds (except
refunding bonds) to be supported by the Special Tax for Facilities; and (iii) all Authorized
Facilities have been constructed and/or acquired.
Further notwithstanding the above, under no circumstances will the Special Tax for Facilities
levied against any Assessor's Parcel of Residential Property for which a Certificate of
Occupancy has been issued be increased by more than ten percent as a consequence of
delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006-1
(IA D).
E.
No Special Tax for Facilities shall be levied on up to 17.92 Acres of Property Owner
Association Property and/or Public Property in CFD No. 2006-1 (IA D). Tax-exempt status
will be assigned by the CFD Administrator in the chronological order in which property
becomes Property Owner Association Property or Public Property. However, should an
Assessor's Parcel no longer be classified as Property Owner Association Property or Public
Property, its tax-exempt status will be revoked.
Property Owner Association Property or Public Property that is not exempt from Special Tax
for Facilities under this section shall be subject to the levy of the Special Tax for Facilities
and shall be taxed Proportionately as part of the fourth step in Section D above, at up to
100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association
Property or Taxable Public Property.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area D Page 10
F. MANNER OF COLLECTION
The Special Tax for Facilities shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 2006-1 (IA D) may
directly bill the Special Tax for Facilities, may collect Special Taxes at a different time or in
a different manner if necessary to meet its financial obligations, and may covenant to
foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the
Act.
G. PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The following additional definitions apply to this Section G:
"Buildout" means, for CFD No. 2006-1 (IA D), that all expected building permits have been
issued.
"CFD Public Facilities Costs" means either $7,385,000 in 2010 dollars, which shall
increase by the Construction Inflation Index on July 1, 2011, and on each July 1 thereafter, or
such lower number as (i) shall be determined by the CFD Administrator as sufficient to fund
the Authorized Facilities to be provided by CFD No. 2006-1 (IA D) under the authorized
bonding program for CFD No. 2006-1 (IA D), or (ii) shall be determined by the City Council
concurrently with a covenant that it will not issue any more CFD No. 2006-1 (IA D) Bonds
(except refunding bonds) to be supported by the Special Tax for Facilities levy under this
Rate and Method of Apportionment as described in Section D above.
"Construction Inflation Index" means the annual percentage change in the Engineering
News Record Building Cost Index for the City of Los Angeles, measured as of the calendar
year which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the CFD
Administrator that is reasonably comparable to the Engineering News Record Building Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) public facility
costs previously paid from the Improvement Fund, (ii) moneys currently on deposit in the
Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected
to be available to finance the cost of Authorized Facilities.
"Improvement Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct Authorized
Facilities eligible under the Act.
"Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are
deemed to be outstanding under the Indenture after the first interest and/or principal payment
date following the current Fiscal Year.
City of Lake Elsinore January 17, 2011
CID No. 2006-1(Summerly) -Improvement Area D Page 11
1. Prepayment in Full
Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a
building permit has been issued, may be prepaid. The obligation of the Assessor's Parcel to
pay the Special Tax for Facilities may be permanently satisfied as described herein, provided
that a prepayment may be made with respect to a particular Assessor's Parcel only if there are
no delinquent Special Taxes with respect to such Assessor's Parcel at the time of
prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax for
Facilities obligation shall provide the CFD Administrator with written notice of intent to
prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify
such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator
may charge a reasonable fee for providing this service. Prepayment must be made not less
than 45 days prior to the next occurring date that notice of redemption of CFD No. 2006-1
(IA D) Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to
the Indenture.
The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as
summarized below (capitalized terms as defined below):
Bond Redemption Amount
plus
Redemption Premium
plus
Future Facilities Amount
plus
Defeasance Amount
plus
Administrative Fees and Expenses
less
Reserve Fund Credit
less
Capitalized Interest Credit
Total: equals
Special Tax for Facilities Prepayment Amount
As of the proposed date of prepayment, the Special Tax for Facilities Prepayment Amount
shall be calculated as follows:
Paragraph No.:
Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax for
Facilities and Backup Special Tax for Facilities. For Assessor's Parcels of
Undeveloped Property for which a building permit has been issued, compute the
Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that
Assessor's Parcel as though it was already designated as Developed Property, based
upon the building permit which has already been issued for that Assessor's Parcel.
(a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2
by the total estimated Assigned Special Tax for Facilities for the entire CFD No.
2006-1 (IA D) based on the Developed Property Special Tax for Facilities which
could be levied in the current Fiscal Year on all expected development through
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area D Page 12
Buildout of CFD No. 2006-1 (IA D), excluding any Assessor's Parcels which have
been prepaid, and
(b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by
the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD
No. 2006-1 (IA D), excluding any Assessor's Parcels which have been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
Previously Issued Bonds to compute the amount of Previously Issued Bonds to be
retired and prepaid (the "Bond Redemption Amount').
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (e.g., the redemption price-100%), if any, on the
Previously Issued Bonds to be redeemed (the "Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
amount determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Amount').
8. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Previously Issued Bonds.
9. Determine the Special Tax for Facilities levied on the Assessor's Parcel in the current
Fiscal Year which has not yet been paid.
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Special Tax for Facilities Prepayment Amount less the
Future Facilities Amount and the Administrative Fees and Expenses (defined below)
from the date of prepayment until the redemption date for the Previously Issued
Bonds to be redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount').
12. The administrative fees and expenses of CFD No. 2006-1 (IA D) are as calculated by
the CFD Administrator and include the costs of computation of the prepayment, the
costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006-1 (IA
D) Bonds, and the costs of recording any notices to evidence the prepayment and the
redemption (the "Administrative Fees and Expenses").
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of. (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Previously Issued Bonds as a result of the
prepayment, or (b) the amount derived by subtracting the new reserve requirement (as
defined in the Indenture) in effect after the redemption of Previously Issued Bonds as
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area D Page 13
a result of the prepayment from the balance in the reserve fund on the prepayment
date, but in no event shall such amount be less than zero. No Reserve Fund Credit
shall be granted if the amount then on deposit in the reserve fund for the Previously
Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture).
14. If any capitalized interest for the Previously Issued Bonds will not have been expended
as of the date immediately following the first interest and/or principal payment
following the current Fiscal Year, a capitalized interest credit shall be calculated by
multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
expected balance in the capitalized interest fund or account under the Indenture after
such first interest and/or principal payment (the "Capitalized Interest Credit").
15. The Special Tax for Facilities prepayment is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to
paragraphs 13 and 14 (the "Special Tax for Facilities Prepayment Amount").
From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to
paragraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established
under the Indenture and be used to retire CFD No. 2006-1 (IA D) Bonds or make debt service
payments. The amount computed pursuant to paragraph 7 shall be deposited into the
Improvement Fund. The amount computed pursuant to paragraph 12 shall be retained by
CFD No. 2006-1 (IA D).
The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full
$5,000 increment of CFD No. 2006-1 (IA D) Bonds. In such cases, the increment above
$5,000 or integral multiple thereof will be retained in the appropriate fund established under
the Indenture to be used with the next prepayment of CFD No. 2006-1 (IA D) Bonds or to
make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax for Facilities levy as
determined under paragraph 9 (above), the CFD Administrator shall remove the current
Fiscal Year's Special Tax for Facilities levy for such Assessor's Parcel from the County tax
rolls. With respect to any Assessor's Parcel that is prepaid, the City Council shall cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the
Special Tax for Facilities and the release of the Special Tax for Facilities lien on such
Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax for
Facilities shall cease.
Notwithstanding the foregoing, no Special Tax for Facilities prepayment shall be allowed
unless, at the time of such proposed prepayment, the amount of Maximum Special Tax for
Facilities that may be levied on Taxable Property within CFD No. 2006-1 (IA D) (after
excluding 17.92 Acres of Property Owner Association Property and/or Public Property in
CFD No. 2006-1 (IA D) as set forth in Section E) both prior to and after the proposed
prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in
Section A above, and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal
Year on the Outstanding Bonds.
City of Lake Elsinore January 17, 2011
CID No. 2006-1(Summerly) - Improvement Area D Page 14
2. Prepayment in Part
The Special Tax for Facilities on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Undeveloped Property for which a building permit has been issued may
be partially prepaid. The amount of the prepayment shall be calculated as in Section G.1;
except that a partial prepayment shall be calculated according to the following formula:
PP = [(PE - A) x F] + A
These terms have the following meaning:
PP = the partial prepayment.
PE = the Special Tax for Facilities Prepayment Amount calculated according to
Section G.1.
F = the percentage, expressed as a decimal, by which the owner of the Assessor's
Parcel is partially prepaying the Special Tax for Facilities.
A = the Administrative Fees and Expenses calculated according to Section G.1.
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the
percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial prepayment of
the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and may
charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that
is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to
Section G.1, and (ii) indicate in the records of CFD No. 2006-1 (IA D) that there has been a
partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for
Facilities with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 -
F) of the remaining Maximum Special Tax for Facilities, shall continue to be levied on such
Assessor's Parcel pursuant to Section D above.
H. TERM OF SPECIAL TAX FOR FACILITIES
The Special Tax for Facilities shall be levied until Fiscal Year 2056-2057, provided however
that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD
Administrator has determined (i) that all required interest and principal payments on the CFD
No. 2006-1 (IA D) Bonds have been paid; (ii) all Authorized Facilities have been acquired and
all reimbursements required by the Funding Agreement have been paid; and (iii) all other
obligations of CFD No. 2006-1 (IA D) have been satisfied. Bonds shall not be issued after
eighteen (18) months have elapsed following the issuance of the final Certificate of Occupancy
within CFD No. 2006-1 (IA D), except as otherwise provided in the Funding Agreement..
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area D
Page 15
I. SPECIAL TAX FOR SERVICES
The following additional definitions apply to this Section I:
"Developed Multifamily Unit" means a residential dwelling unit within a building in which
each of the individual dwelling units has or shall have at least one common wall with another
dwelling unit and a building permit has been issued by the City for such dwelling unit on or
prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being
levied.
"Developed Single Family Unit" means a residential dwelling unit other than a Developed
Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the
City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is
being levied.
"Maximum Special Tax for Services" means the maximum Special Tax for Services that
can be levied by CFD No. 2006-1 (IA D) in any Fiscal Year on any Assessor's Parcel.
"Operating Fund" means a fund that shall be maintained for CFD No. 2006-1 (IA D) for
any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the
applicable Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the end of
the preceding Fiscal Year.
"Service Area" means public parks, open space, and storm drains.
"Special Tax for Services" means any of the special taxes authorized to be levied within
CFD No. 2006-1 (IA D) pursuant to the Act to fund the Special Tax Requirement for
Services.
"Special Tax Requirement for Services" means the amount determined in any Fiscal Year
for CFD No. 2006-1 (IA D) equal to (i) the budgeted costs directly related to the Service
Area, including maintenance, repair and replacement of certain components of the Service
Area which have been accepted and maintained or are reasonably expected to be accepted
and maintained during the current Fiscal Year, (ii) pay Administrative Expenses, and (iii)
anticipated Special Tax for Services delinquencies, less (iv) the Operating Fund Balance, as
determined by the CFD Administrator.
1. Rate and Method of Apportionment of the Special Tax for Services
Commencing with Fiscal Year 2010-2011 and for each subsequent Fiscal Year, the City
Council shall levy the Special Tax for Services on (i) all Assessor's Parcels containing a
Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels
of Non-Residential Property, up to the applicable Maximum Special Tax for Services to fund
the Special Tax Requirement for Services.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area D Page 16
The Maximum Special Tax for Services for Fiscal Year 2010-11 shall be $267.18 per
Developed Single Family Unit, $133.59 per Developed Multifamily Unit, and $601.72 per
Acre for each Assessor's Parcel of Non-Residential Property.
On each July 1, commencing July 1, 2011, the Maximum Special Tax for Services shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
2. Duration of the Special Tax for Services
The Special Tax for Services shall be levied in perpetuity to fund the Special Tax
Requirement for Services, unless no longer required as determined at the sole discretion of
the City Council.
3. Collection of the Special Tax for Services
The Special Tax for Services shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided, however, that CFD No. 2006-1 (IA D) may
collect the Special Tax for Services at a different time or in a different manner if necessary to
meet its funding requirements.
J. APPEALS AND INTERPRETATIONS
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error may submit a written appeal to CFD No. 2006-1 (IA D). The
CFD Administrator shall review the appeal and if the CFD Administrator concurs, the
amount of the Special Tax levied shall be appropriately modified.
The City Council may interpret this Rate and Method of Apportionment for purposes of
clarifying any ambiguity and make determinations relative to the annual administration of the
Special Tax and any landowner or resident appeals. Any decision of the City Council shall
be final and binding as to all persons.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area D Page 17
EXHIBIT "A"
CITY OF LAKE ELSINORE AND CFD No. 2006-1 (IA D) CERTIFICATE
Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore and
City of Lake Elsinore Community Facilities District No. 2006-1 Improvement Area D ("CFD No.
2006-1 (IA D)") hereby agree to a reduction in the Assigned Special Tax for Facilities for
Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision
within CFD No. 2006-I (IA D):
(a) The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed
Property within CFD No. 2006-1 (IA D) shall be modified as follows:
TdUse
n C.i1SS
I
-
r
Residential Property
H- M11
Residential
F
Less than 1,100 sq. ft.
"
~xg>t------ LTax
$ per unit
2
Residential Property
1,100 - 1,299 sq. ft.
$ per unit
3
Residential Property
1,300 - 1,499 sq. ft.
$ per unit
4
Residential Property
1,500 - 1,699 sq. ft.
$ per unit
5
Residential Property
1,700 - 1,899 sq. ft.
$ per unit
6
Residential Property
1,900 - 2,099 sq. ft.
$ per unit
7
Residential Property
2,100 - 2,299 sq. ft.
$ per unit
8
Residential Property
2,300 - 2,499 sq. ft.
$ per unit
9
Residential Property
2,500 - 2,699 sq. ft.
$ per unit
10
Residential Property
2,700 - 2,899 sq. ft.
$ per unit
11
Residential Property
2,900 - 3,099 sq. ft.
$ per unit
12
Residential Property
3,100 - 3,299 sq. ft.
$ per unit
13
Residential Property
3,300 - 3,499 sq. ft.
$ per unit
14
Residential Property
More than 3,500 sq. ft.
$ per unit
15
Non-Residential Property
NA
$ per acre
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area D Page 18
(b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No.
2006-1 (IA D), as stated in Section C.L(c), shall be reduced from $11,796 per Acre to
$ per Acre.
2. The Special Tax for Facilities may be modified prior to the first building permit issuance within
CFD No. 2006-1 (IA D) and prior to the issuance of the first series of Bonds of CFD No. 2006-1
(IA D).
3. Upon execution of the Certificate by the City of Lake Elsinore and "Owner" under the Funding
Agreement, the City shall cause an amended notice of Special Tax lien for CFD No. 2006-1 (IA
D) to be recorded reflecting the modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD
No. 2006-1 (IA D), receipt of this Certificate and modification of the Rate and Method of
Apportionment as set forth in this Certificate.
CITY OF LAKE ELSINORE
CFD Administrator
Owner per Funding Agreement
By:
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area D Page 19
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2006-1
(SUMMERLY)
IMPROVEMENT AREA E
A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community
Facilities District No. 2006-1 (Summerly) Improvement Area E ("CFD No. 2006-1 (IA E)") and
collected each Fiscal Year commencing in Fiscal Year 2010-2011, in an amount determined through
the application of this Rate and Method of Apportionment as described below. All of the real
property in CFD No. 2006-1 (IA E), unless exempted by law or by the provisions hereof, shall be
taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown
on the applicable final map, parcel map, condominium plan, or other recorded County parcel
map.
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1,
Division 2 of Title 5 of the California Government Code.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 2006-1 (IA E): the costs of computing the
Special Taxes and preparing the annual Special Tax collection schedules (whether by the
City or designee thereof or both); the costs of collecting the Special Taxes (whether by the
City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the
Trustee (including its legal counsel) in the discharge of the duties required of it under the
Indenture; the costs to the City, CFD No. 2006-1 (IA E) or any designee thereof of
complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006-1 (IA E)
or any designee thereof of complying with disclosure requirements of the City, CFD No.
2006-1 (IA E) or obligated persons associated with applicable federal and state securities
laws and the Act; the costs associated with preparing Special Tax disclosure statements and
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No.
2006-1 (IA E) or any designee thereof related to an appeal of the Special Tax; the costs
associated with the release of funds from an escrow account; and the City's annual
administration fees and third party expenses. Administrative Expenses shall also include
amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2006-1
(IA E) for any other administrative purposes of CFD No. 2006-1 (IA E), including attorney's
fees and other costs, and attorney's fees and other costs related to commencing and pursuing
to completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area E Page I
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land
Use Class of Developed Property, as determined in accordance with Section C.L(b) below.
"Authorized Facilities" means those authorized improvements, as listed in an exhibit to the
Resolution of Formation.
"Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each
Assessor's Parcel of Developed Property, as determined in accordance with Section C.L(c)
below.
"Certificate of Occupancy" means a certificate issued by the City that authorizes the actual
occupancy of a dwelling unit for habitation by one or more residents.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement for Facilities, the Special Tax Requirement for
Services as determined in accordance with Section I below, and providing for the levy and
collection of the Special Taxes.
"CFD No. 2006-1" means City of Lake Elsinore Community Facilities District No. 2006-1
(Summerly).
"CFD No. 2006-1 (IA E)" means Improvement Area E of CFD No. 2006-1 as identified on
the boundary map for CFD No. 2006-1.
"CFD No. 2006-1 (IA E) Bonds" means any bonds or other debt (as defined in Section
53317(d) of the Act), whether in one or more series, issued by CFD No. 2006-1 (IA E) and
secured solely by the Special Tax for Facilities levy on property within the boundaries of
CFD No. 2006-1 (IA E) under the Act.
"City" means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the legislative
body of CFD No. 2006-1 (IA E).
"County" means the County of Riverside.
"Developed Property" means, with respect to the Special Tax for Facilities, for each Fiscal
Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property
Owner Association Property, for which the Final Subdivision was recorded on or before
January 1 of the prior Fiscal Year and a building permit for new construction was issued on
or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for
Facilities is being levied.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area E Page 2
"Final Subdivision" means (i) a final map, or portion thereof, approved by the City pursuant
to the Subdivision Map Act (California Government Code Section 66410 et seg.) that creates
individual lots for which building permits may be issued, or (ii) for condominiums, a final
map, or portion thereof, approved by the City and a condominium plan recorded pursuant to
California Civil Code Section 1352 that creates individual lots for which building permits
may be issued.
"Funding Agreement" means the Funding, Construction and Acquisition Agreement entered
into by the City, on behalf of CFD No. 2006-1, as it may be amended.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which CFD No. 2006-1 (IA E) Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table 1 below.
"Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities,
determined in accordance with Section C below, that can be levied in any Fiscal Year on any
Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit permitting the construction of one or more non-residential units or facilities
has been issued by the City.
"Outstanding Bonds" means all CFD No. 2006-1 (IA E) Bonds which are deemed to be
outstanding under the Indenture.
"Property Owner Association Property" means, for each Fiscal Year, any property within
the boundaries of CFD No. 2006-1 (IA E) that was owned by a property owner association,
including any master or sub-association, as of January 1 of the prior Fiscal Year.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax for
Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor's Parcels of
Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the
actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per
Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately"
may similarly be applied to other categories of Taxable Property as listed in Section D below.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of
CFD No. 2006-1 (IA E) owned by, irrevocably offered or dedicated to, or over, through or
under which an easement for purposes of public use has been granted, to the federal
government, the State, the County, the City, the Lake Elsinore Unified School District, or any
local government or other public agency as of January 1 of the previous Fiscal Year,
provided that any property leased by a public agency to a private entity and subject to
taxation under Section 53340.1 of the Act shall be taxed and classified according to its use;
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) -Improvement Area E page 3
or (ii) any property within the boundaries of CFD No. 2006-1 (IA E) that was encumbered, as
of January 1 of the previous Fiscal Year, by an unmanned utility easement making
impractical its utilization for other than the purpose set forth in the easement.
"Residential Floor Area" means all of the square footage of living area within the perimeter
of a residential structure, not including any carport, walkway, garage, overhang, patio,
enclosed patio, or similar area. The determination of Residential Floor Area for an
Assessor's Parcel shall be made by reference to the building permit(s) issued for such
Assessor's Parcel.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit permitting the construction thereon of one or more residential dwelling units
has been issued by the City.
"Resolution of Formation" means the resolution of formation for CFD No. 2006-1 (IA E).
"Special Tax" means any of the special taxes authorized to be levied by CFD No. 2006-1
(IA E) pursuant to the Act.
"Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Developed Property, Taxable Property Owner Association Property,
Taxable Public Property, and Undeveloped Property to fund the Special Tax Requirement for
Facilities.
"Special Tax Requirement for Facilities" means that amount required in any Fiscal Year
for CFD No. 2006-1 (IA E) to: (i) pay debt service on all Outstanding Bonds due in the
calendar year commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2006-
1 (IA E) Bonds, including but not limited to, credit enhancement and rebate payments on the
CFD No. 2006-1 (IA E) Bonds due in the calendar year commencing in such Fiscal Year;
(iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any
reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax for
Facilities delinquencies; (vi) pay directly for acquisition or construction of Authorized
Facilities to the extent that the inclusion of such amount does not increase the Special Tax for
Facilities levy on Undeveloped Property; less (vii) a credit for funds available to reduce the
annual Special Tax for Facilities levy, as determined by the CFD Administrator pursuant to
the Indenture.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
2006-1 (IA E) which are not exempt from the Special Tax for Facilities pursuant to law or
Section E below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of Property
Owner Association Property that are not exempt pursuant to Section E below.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area E Page 4
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt pursuant to Section E below.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property, Taxable Property Owner Association Property, or Taxable Public
Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2006-1 (IA E) shall be classified as
Developed Property, Taxable Public Property, Taxable Property Owner Association Property,
or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate
and Method of Apportionment determined pursuant to Sections C and D below. Residential
Property shall be assigned to Land Use Classes 1 through 14 as listed in Table 1 below based
on the Residential Floor Area for each unit. Non-Residential Property shall be assigned to
Land Use Class 15. With respect to Residential Property, the Residential Floor Area shall be
determined from the most recent building permit issued prior to the issuance of a Certificate
of Occupancy for such Assessor's Parcel.
C. MAXIMUM SPECIAL TAX FOR FACILITIES
Prior to the issuance of the first building permit within CFD No. 2006-1 (IA E), the Assigned
Special Tax for Facilities on Developed Property (set forth in Table 1), and the Backup
Special Tax for Facilities attributable to a Final Subdivision, may be reduced in accordance
with, and subject to the conditions set forth in this paragraph. If it is reasonably determined
by the CFD Administrator that the overlapping debt burden (as defined in the Statement of
Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982 adopted
by the City Council, the "Goals and Policies") calculated pursuant to the Goals and Policies
based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City's
maximum overlapping debt burden set forth in such document, the Assigned Special Tax for
Facilities on Developed Property, and the Backup Special Tax for Facilities attributable to a
Final Subdivision, may be reduced to the maximum overlapping debt burden level with the
written consent of the CFD Administrator. The reductions permitted pursuant to this
paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall
cause to be recorded by executing a certificate in substantially the form attached hereto as
Exhibit "A".
In addition, prior to the issuance of CFD No. 2006-1 (IA E) Bonds, the Assigned Special Tax
for Facilities on Developed Property and the Backup Special Tax for Facilities attributable to
a Final Subdivision may be reduced upon the written request of the "Owner" under the
Funding Agreement. Such written request shall include, at a minimum, the amount of the
reduced tax requested for each Land Use Class shown in Table 1 below. The City and CFD
Administrator shall review the written request, and if approved, the reductions permitted
pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) -Improvement Area E page 5
the City shall cause to be recorded by executing a certificate in substantially the form
attached hereto as Exhibit "A".
1. Developed Property
(a) Maximum Special Tax for Facilities
The Maximum Special Tax for Facilities for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by application of
the Assigned Special Tax for Facilities or (ii) the amount derived by application of
the Backup Special Tax for Facilities.
(b) Assigned Special Tax for Facilities
The Fiscal Year 2010-2011 Assigned Special Tax for Facilities for each Land Use
Class is shown below in Table 1.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area E Page 6
TABLE 1
Assigned Special Tax for Facilities for Developed Property
Community Facilities District No. 2006-1
(Improvement Area E)
Fiscal Year 2010-2011
J1rirtC7se
y 7'~ a
AS$
1
a
s r i r t r o
E i°C:SentrO2i
Residential Property
Ressdentral
3" s t a, ~r r~, v
° ;°t:z06r A1'.42;v a,„_... ~~`T
Less than 1,100 sq. ft.
Assigrred Spgoial Tax
^-n
~'4~}.'+3GL8S
"HiN
!Mj Ti
$1,250 per unit
2
Residential Property
1,100 - 1,299 sq. ft.
$1,350 per unit
3
Residential Property
1,300 - 1,499 sq. ft.
$1,450 per unit
4
Residential Property
1,500 - 1,699 sq. ft.
$1,550 per unit
5
Residential Property
1,700 - 1,899 s4 ft.
$1,650 per unit
6
Residential Property
1,900 - 2,099 sq. ft.
$1,750 per unit
7
Residential Property
2,100-2,299 sq. ft.
$1,825 per unit
8
Residential Property
2,300 - 2,499 sq. ft.
$1,925 per unit
9
Residential Property
2,500 - 2,699 sq. ft.
$2,025 per unit
10
Residential Property
2,700 - 2,899 sq. ft.
$2,125 per unit
11
Residential Property
2,900 - 3,099 sq. ft.
$2,225 per unit
12
Residential Property
3,100 - 3,299 sq. ft.
$2,375 per unit
13
Residential Property
3,300 - 3,499 sq. ft.
$2,525 per unit
14
Residential Property
More than 3,500 sq. ft.
$2,675 per unit
15
Non-Residential Property
NA
$14,453 per Acre
(c) Backup Special Tax for Facilities
The Fiscal Year 2010-2011 Backup Special Tax for Facilities attributable to a Final
Subdivision will equal $14,453, multiplied by the Acreage of all Taxable Property,
exclusive of any Taxable Property Owner Association Property and Taxable Public
Property, therein. The Backup Special Tax for Facilities for each Assessor's Parcel
of Residential Property shall be computed by dividing the Backup Special Tax for
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) -Improvement Area E Page 7
Facilities attributable to the applicable Final Subdivision by the number of Assessor's
Parcels for which building permits for residential construction have or may be issued
(i.e., the number or residential lots). The Backup Special Tax for Facilities for each
Assessor's Parcel of Non-Residential Property therein shall equal $14,453 multiplied
by the Acreage of such Assessor's Parcel.
If a Final Subdivision includes Assessor's Parcels of Taxable Property for which
building permits for both residential and non-residential construction may be issued,
exclusive of Taxable Property Owner Association Property and Taxable Public
Property, then the Backup Special Tax for Facilities for each Assessor's Parcel of
Residential Property shall be computed exclusive of the Acreage and Assessor's
Parcels of property for which building permits for non-residential construction may
be issued.
Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s)
described in the preceding paragraphs is subsequently changed or modified by
recordation of a lot line adjustment or similar instrument, and only if the CFD
Administrator determines that such change or modification results in a decrease in the
number of Assessor's Parcels of Taxable Property for which building permits for
residential construction have or may be issued within such Final Subdivision, then the
Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property
that is part of the lot line adjustment or similar instrument for such Final Subdivision
shall be a rate per Acre as calculated below. The Backup Special Tax for Facilities
previously determined for an Assessor's Parcel of Developed Property that is not a
part of the lot line adjustment or similar instrument for such Final Subdivision shall
not be recalculated.
Determine the total Backup Special Tax for Facilities anticipated to
apply to the changed or modified portion of the Final Subdivision
area prior to the change or modification.
2. The result of paragraph 1 above shall be divided by the Acreage of
Taxable Property which is ultimately expected to exist in such
changed or modified portion of the Final Subdivision area, as
reasonably determined by the CFD Administrator.
3. The result of paragraph 2 above shall be the Backup Special Tax for
Facilities per Acre which shall be applicable to Assessor's Parcels of
Developed Property in such changed or modified portion of the Final
Subdivision area for all remaining Fiscal Years in which the Special
Tax for Facilities may be levied.
(d) Release of Obligation to Pay and Disclose Backup Special Tax
All Assessor's Parcels within CFD No. 2006-1 (IA E) will be relieved simultaneously
and permanently from the obligation to pay and disclose the backup Special Tax if
the CFD Administrator determines that the annual debt service required for the
Outstanding Bonds, when compared to the Assigned Special Taxes for Facilities that
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area E Page 8
may be levied against all Assessor's Parcels of Developed Property results in 110%
debt service coverage (i.e., the aggregate Assigned Special Taxes for Facilities that
may be levied against all Developed Property in each remaining Fiscal Year based on
then existing development in CFD No. 2006-1 (IA E) is at least equal to the sum of
(i) the Administrative Expenses and (ii) 1.10 times maximum annual debt service, in
each remaining Fiscal Year on the Outstanding Bonds).
(e) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for
Facilities
The Fiscal Year 2010-2011 Assigned Special Tax for Facilities, identified in Table 1
above, and Backup Special Tax for Facilities shall increase thereafter, commencing
on July 1, 2011 and on July 1 of each Fiscal Year thereafter, by an amount equal to
two percent (2%) of the amount in effect for the previous Fiscal Year.
(f) Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more than
one Land Use Class. The Maximum Special Tax for Facilities levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all
Land Use Classes located on that Assessor's Parcel. The CFD Administrator's
allocation to each type of property shall be final.
2. Taxable Property Owner Association Property Taxable Public Property, and
Undeveloped Property
The Fiscal Year 2010-2011 Maximum Special Tax for Facilities for Taxable Property
Owner Association Property, Taxable Public Property, and Undeveloped Property
shall be $14,453 per Acre and shall increase thereafter, commencing on July 1, 2011
and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%)
of the Maximum Special Tax for Facilities in effect for the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES
Commencing with Fiscal Year 2010-2011 and for each following Fiscal Year, the City
Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax
for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax
Requirement for Facilities. The Special Tax for Facilities shall be levied each Fiscal Year as
follows:
First: The Special Tax for Facilities shall be levied on each Assessor's Parcel of Developed
Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities;
Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first step has been completed, the Special Tax for Facilities shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the
Maximum Special Tax for Facilities for Undeveloped Property;
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area E Page 9
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first two steps have been completed, then the levy of the Special Tax for Facilities
on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities
is determined through the application of the Backup Special Tax for Facilities shall be
increased in equal percentages from the Assigned Special Tax for Facilities up to the
Maximum Special Tax for Facilities for each such Assessor's Parcel;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first three steps have been completed, then the Special Tax for Facilities shall be
levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association
Property and Taxable Public Property at up to 100% of the Maximum Special Tax for
Facilities for Taxable Property Owner Association Property or Taxable Public Property.
Notwithstanding the above, the City Council may, in any Fiscal Year, levy Proportionately
less than 100% of the Assigned Special Tax for Facilities in step one (above), when (i) the
City Council is no longer required to levy the Special Tax for Facilities pursuant to steps two
through four above in order to meet the Special Tax Requirement for Facilities; (ii) all
authorized CFD No. 2006-1 (IA E) Bonds have already been issued or the City Council has
covenanted that it will not issue any additional CFD No. 2006-1 (IA E) Bonds (except
refunding bonds) to be supported by the Special Tax for Facilities; and (iii) all Authorized
Facilities have been constructed and/or acquired.
Further notwithstanding the above, under no circumstances will the Special Tax for Facilities
levied against any Assessor's Parcel of Residential Property for which a Certificate of
Occupancy has been issued be increased by more than ten percent as a consequence of
delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006-1
(IA E).
E.
No Special Tax for Facilities shall be levied on up to 20.02 Acres of Property Owner
Association Property and/or Public Property in CFD No. 2006-1 (IA E). Tax-exempt status
will be assigned by the CFD Administrator in the chronological order in which property
becomes Property Owner Association Property or Public Property. However, should an
Assessor's Parcel no longer be classified as Property Owner Association Property or Public
Property, its tax-exempt status will be revoked.
Property Owner Association Property or Public Property that is not exempt from Special Tax
for Facilities under this section shall be subject to the levy of the Special Tax for Facilities
and shall be taxed Proportionately as part of the fourth step in Section D above, at up to
100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association
Property or Taxable Public Property.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area E Page 10
F. MANNER OF COLLECTION
The Special Tax for Facilities shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 2006-1 (IA E) may
directly bill the Special Tax for Facilities, may collect Special Taxes at a different time or in
a different manner if necessary to meet its financial obligations, and may covenant to
foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the
Act.
G. PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The following additional definitions apply to this Section G:
"Buildout" means, for CFD No. 2006-1 (IA E), that all expected building permits have been
issued.
"CFD Public Facilities Costs" means either $3,455,000 in 2010 dollars, which shall
increase by the Construction Inflation Index on July 1, 2011, and on each July 1 thereafter, or
such lower number as (i) shall be determined by the CFD Administrator as sufficient to fund
provide the Authorized Facilities to be provided by CFD No. 2006-1 (IA E) under the
authorized bonding program for CFD No. 2006-1 (IA E), or (ii) shall be determined by the
City Council concurrently with a covenant that it will not issue any more CFD No. 2006-1
(IA E) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities levy
under this Rate and Method of Apportionment as described in Section D above.
"Construction Inflation Index" means the annual percentage change in the Engineering
News Record Building Cost Index for the City of Los Angeles, measured as of the calendar
year which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the CFD
Administrator that is reasonably comparable to the Engineering News Record Building Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) public facility
costs previously paid from the Improvement Fund, (ii) moneys currently on deposit in the
Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected
to be available to finance the cost of Authorized Facilities.
"Improvement Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct Authorized
Facilities eligible under the Act.
"Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are
deemed to be outstanding under the Indenture after the first interest and/or principal payment
date following the current Fiscal Year.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area E Page 11
1. Prepayment in Full
Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a
building permit has been issued, may be prepaid. The obligation of the Assessor's Parcel to
pay the Special Tax for Facilities may be permanently satisfied as described herein, provided
that a prepayment may be made with respect to a particular Assessor's Parcel only if there are
no delinquent Special Taxes with respect to such Assessor's Parcel at the time of
prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax for
Facilities obligation shall provide the CFD Administrator with written notice of intent to
prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify
such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator
may charge a reasonable fee for providing this service. Prepayment must be made not less
than 45 days prior to the next occurring date that notice of redemption of CFD No. 2006-1
(IA E) Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to
the Indenture.
The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as
summarized below (capitalized terms as defined below):
Bond Redemption Amount
plus
Redemption Premium
plus
Future Facilities Amount
plus
Defeasance Amount
plus
Administrative Fees and Expenses
less
Reserve Fund Credit
less
Capitalized Interest Credit
Total: equals
Special Tax for Facilities Prepayment Amount
As of the proposed date of prepayment, the Special Tax for Facilities Prepayment Amount
shall be calculated as follows:
Paragraph No.:
Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax for
Facilities and Backup Special Tax for Facilities. For Assessor's Parcels of
Undeveloped Property for which a building permit has been issued, compute the
Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that
Assessor's Parcel as though it was already designated as Developed Property, based
upon the building permit which has already been issued for that Assessor's Parcel.
3. (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2
by the total estimated Assigned Special Tax for Facilities for the entire CFD No.
2006-1 (IA E) based on the Developed Property Special Tax for Facilities which
could be levied in the current Fiscal Year on all expected development through
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area E Page 12
Buildout of CFD No. 2006-1 (IA E), excluding any Assessor's Parcels which have
been prepaid, and
(b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by
the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD
No. 2006-1 (IA E), excluding any Assessor's Parcels which have been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
Previously Issued Bonds to compute the amount of Previously Issued Bonds to be
retired and prepaid (the "Bond Redemption Amount').
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (e.g., the redemption price-100%), if any, on the
Previously Issued Bonds to be redeemed (the "Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
amount determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Amount").
8. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Previously Issued Bonds.
9. Determine the Special Tax for Facilities levied on the Assessor's Parcel in the current
Fiscal Year which has not yet been paid.
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Special Tax for Facilities Prepayment Amount less the
Future Facilities Amount and the Administrative Fees and Expenses (defined below)
from the date of prepayment until the redemption date for the Previously Issued
Bonds to be redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount').
12. The administrative fees and expenses of CFD No. 2006-1 (IA E) are as calculated by
the CFD Administrator and include the costs of computation of the prepayment, the
costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006-1 (IA
E) Bonds, and the costs of recording any notices to evidence the prepayment and the
redemption (the "Administrative Fees and Expenses").
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of. (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Previously Issued Bonds as a result of the
prepayment, or (b) the amount derived by subtracting the new reserve requirement (as
defined in the Indenture) in effect after the redemption of Previously Issued Bonds as
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area E
Page 13
a result of the prepayment from the balance in the reserve fund on the prepayment
date, but in no event shall such amount be less than zero. No Reserve Fund Credit
shall be granted if the amount then on deposit in the reserve fund for the Previously
Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture).
14. If any capitalized interest for the Previously Issued Bonds will not have been expended
as of the date immediately following the first interest and/or principal payment
following the current Fiscal Year, a capitalized interest credit shall be calculated by
multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
expected balance in the capitalized interest fund or account under the Indenture after
such first interest and/or principal payment (the "Capitalized Interest Credit").
15. The Special Tax for Facilities prepayment is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to
paragraphs 13 and 14 (the "Special Tax for Facilities Prepayment Amount").
From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to
paragraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established
under the Indenture and be used to retire CFD No. 2006-1 (IA E) Bonds or make debt service
payments. The amount computed pursuant to paragraph 7 shall be deposited into the
Improvement Fund. The amount computed pursuant to paragraph 12 shall be retained by
CFD No. 2006-1 (IA E).
The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full
$5,000 increment of CFD No. 2006-1 (IA E) Bonds. In such cases, the increment above
$5,000 or integral multiple thereof will be retained in the appropriate fund established under
the Indenture to be used with the next prepayment of CFD No. 2006-1 (IA E) Bonds or to
make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax for Facilities levy as
determined under paragraph 9 (above), the CFD Administrator shall remove the current
Fiscal Year's Special Tax for Facilities levy for such Assessor's Parcel from the County tax
rolls. With respect to any Assessor's Parcel that is prepaid, the City Council shall cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the
Special Tax for Facilities and the release of the Special Tax for Facilities lien on such
Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax for
Facilities shall cease.
Notwithstanding the foregoing, no Special Tax for Facilities prepayment shall be allowed
unless, at the time of such proposed prepayment, the amount of Maximum Special Tax for
Facilities that may be levied on Taxable Property within CFD No. 2006-1 (IA E) (after
excluding 20.02 Acres of Property Owner Association Property and/or Public Property in
CFD No. 2006-1 (IA E) as set forth in Section E) both prior to and after the proposed
prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in
Section A above, and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal
Year on the Outstanding Bonds.
City of Lake Elsinore January 17, 2011
CFD No. 2 006-1 (Summerly) - Improvement Area E Page 14
2. Prepayment in Part
The Special Tax for Facilities on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Undeveloped Property for which a building permit has been issued may
be partially prepaid. The amount of the prepayment shall be calculated as in Section G.1;
except that a partial prepayment shall be calculated according to the following formula:
PP=[(PE-A)xF]+A
These terms have the following meaning:
PP = the partial prepayment.
PE = the Special Tax for Facilities Prepayment Amount calculated according to
Section G.1.
F = the percentage, expressed as a decimal, by which the owner of the Assessor's
Parcel is partially prepaying the Special Tax for Facilities.
A = the Administrative Fees and Expenses calculated according to Section G.1.
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the
percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial prepayment of
the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and may
charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that
is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to
Section G.1, and (ii) indicate in the records of CFD No. 2006-1 (IA E) that there has been a
partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for
Facilities with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 -
F) of the remaining Maximum Special Tax for Facilities, shall continue to be levied on such
Assessor's Parcel pursuant to Section D above.
H. TERM OF SPECIAL TAX FOR FACILITIES
The Special Tax for Facilities shall be levied until Fiscal Year 2058-2059, provided however
that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD
Administrator has determined (i) that all required interest and principal payments on the CFD
No. 2006-1 (IA E) Bonds have been paid; (ii) all Authorized Facilities have been acquired and
all reimbursements required by the Funding Agreement have been paid; and (iii) all other
obligations of CFD No. 2006-1 (IA E) have been satisfied. Bonds shall not be issued after
eighteen (18) months have elapsed following the issuance of the final Certificate of Occupancy
within CFD No. 2006-1 (IA E), except as otherwise provided in the Funding Agreement.
City of Lake Elsinore January 17, 2011
CID No. 2006-1(Summerly) - Improvement Area E Page 15
I. SPECIAL TAX FOR SERVICES
The following additional definitions apply to this Section I:
"Developed Multifamily Unit" means a residential dwelling unit within a building in which
each of the individual dwelling units has or shall have at least one common wall with another
dwelling unit and a building permit has been issued by the City for such dwelling unit on or
prior to May I preceding the Fiscal Year in which the Special Tax for Services is being
levied.
"Developed Single Family Unit" means a residential dwelling unit other than a Developed
Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the
City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is
being levied.
"Maximum Special Tax for Services" means the maximum Special Tax for Services that
can be levied by CFD No. 2006-1 (IA E) in any Fiscal Year on any Assessor's Parcel.
"Operating Fund" means a fund that shall be maintained for CFD No. 2006-1 (IA E) for
any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the
applicable Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the end of
the preceding Fiscal Year.
"Service Area" means public parks, open space, and storm drains.
"Special Tax for Services" means any of the special taxes authorized to be levied within
CFD No. 2006-1 (IA E) pursuant to the Act to fund the Special Tax Requirement for
Services.
"Special Tax Requirement for Services" means the amount determined in any Fiscal Year
for CFD No. 2006-1 (IA E) equal to (i) the budgeted costs directly related to the Service
Area, including maintenance, repair and replacement of certain components of the Service
Area which have been accepted and maintained or are reasonably expected to be accepted
and maintained during the current Fiscal Year, (ii) pay Administrative Expenses, and (iii)
anticipated Special Tax for Services delinquencies, less (iv) the Operating Fund Balance, as
determined by the CFD Administrator.
1. Rate and Method of Apportionment of the Special Tax for Services
Commencing with Fiscal Year 2010-2011 and for each subsequent Fiscal Year, the City
Council shall levy the Special Tax for Services on (i) all Assessor's Parcels containing a
Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels
of Non-Residential Property, up to the applicable Maximum Special Tax for Services to fund
the Special Tax Requirement for Services.
City of Lake Elsinore January 17, 2011
CID No. 2006-1(Summerly) - Improvement Area E Page 16
The Maximum Special Tax for Services for Fiscal Year 2010-11 shall be $267.18 per
Developed Single Family Unit, $133.59 per Developed Multifamily Unit, and $601.72 per
Acre for each Assessor's Parcel of Non-Residential Property.
On each July 1, commencing July 1, 2011, the Maximum Special Tax for Services shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
2. Duration of the Special Tax for Services
The Special Tax for Services shall be levied in perpetuity to fund the Special Tax
Requirement for Services, unless no longer required as determined at the sole discretion of
the City Council.
3. Collection of the Special Tax for Services
The Special Tax for Services shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided, however, that CFD No. 2006-1 (IA E) may
collect the Special Tax for Services at a different time or in a different manner if necessary to
meet its funding requirements.
J. APPEALS AND INTERPRETATIONS
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error may submit a written appeal to CFD No. 2006-1 (IA E). The
CFD Administrator shall review the appeal and if the CFD Administrator concurs, the
amount of the Special Tax levied shall be appropriately modified.
The City Council may interpret this Rate and Method of Apportionment for purposes of
clarifying any ambiguity and make determinations relative to the annual administration of the
Special Tax and any landowner or resident appeals. Any decision of the City Council shall
be final and binding as to all persons.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area E Page 17
EXHIBIT "A"
CITY OF LAKE ELSINORE AND CFD No. 2006-1 (IA E) CERTIFICATE
1. Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore and
City of Lake Elsinore Community Facilities District No. 2006-1 Improvement Area E ("CFD No.
2006-1 (IA E)") hereby agree to a reduction in the Assigned Special Tax for Facilities for
Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision
within CFD No. 2006-1 (IA E):
(a) The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed
Property within CFD No. 2006-1 (IA E) shall be modified as follows:
1..I3@
Glass
51
1
3 f
to ss r {sa :r
-Wl
bescxtao
esidential Property
r
srdral
a
Mn
4or"t1
Less than 1,100 sq. ft.
1 5" I t
t Lf1 ~heGJW I
ds _
$ per unit
2
Residential Property
1,100 - 1,299 sq. ft.
$ per unit
3
Residential Property
1,300 - 1,499 sq. ft.
$ per unit
4
Residential Property
1,500 - 1,699 sq. ft.
$ per unit
5
Residential Property
1,700 - 1,899 sq. ft.
$ per unit
6
Residential Property
1,900 - 2,099 sq. ft.
$ per unit
7
Residential Property
2,100 - 2,299 sq. ft.
$ per unit
8
Residential Property
2,300 - 2,499 sq. ft.
$ per unit
9
Residential Property
2,500 - 2,699 sq. ft.
$ per unit
10
Residential Property
2,700 - 2,899 sq. ft.
$ per unit
11
Residential Property
2,900 - 3,099 sq. ft.
$ per unit
12
Residential Property
3,100 - 3,299 sq. ft.
$ per unit
13
Residential Property
3,300 - 3,499 sq. ft.
$ per unit
14
Residential Property
More than 3,500 sq. ft.
$ per unit
15
Non-Residential Property
NA
$ per acre
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area E Page 18
(b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No.
2006-1 (IA E), as stated in Section C.L(c), shall be reduced from $14,453 per Acre to
$ per Acre.
2. The Special Tax for Facilities may be modified prior to the first building permit issuance within
CFD No. 2006-1 (IA E) and prior to the issuance of the first series of Bonds of CFD No. 2006-1
(IA E).
3. Upon execution of the Certificate by the City of Lake Elsinore and "Owner" under the Funding
Agreement, the City shall cause an amended notice of Special Tax lien for CFD No. 2006-1 (IA
E) to be recorded reflecting the modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD
No. 2006-1 (IA E), receipt of this Certificate and modification of the Rate and Method of
Apportionment as set forth in this Certificate.
CITY OF LAKE ELSINORE
By:.
CFD Administrator
Owner per Funding Agreement
By:
Date:
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area E Page 19
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2006-1
(SUMMERLY)
IMPROVEMENT AREA F
A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community
Facilities District No. 2006-1 (Summerly) Improvement Area F ("CFD No. 2006-1 (IA F)") and
collected each Fiscal Year commencing in Fiscal Year 2010-2011, in an amount determined through
the application of this Rate and Method of Apportionment as described below. All of the real
property in CFD No. 2006-1 (IA F), unless exempted by law or by the provisions hereof, shall be
taxed for the purposes, to the extent and in the manner herein provided.
A.
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown
on the applicable final map, parcel map, condominium plan, or other recorded County parcel
map.
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1,
Division 2 of Title 5 of the California Government Code.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 2006-1 (IA F): the costs of computing the
Special Taxes and preparing the annual Special Tax collection schedules (whether by the
City or designee thereof or both); the costs of collecting the Special Taxes (whether by the
City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the
Trustee (including its legal counsel) in the discharge of the duties required of it under the
Indenture; the costs to the City, CFD No. 2006-1 (IA F) or any designee thereof of complying
with arbitrage rebate requirements; the costs to the City, CFD No. 2006-1 (IA F) or any
designee thereof of complying with disclosure requirements of the City, CFD No. 2006-1 (IA
F) or obligated persons associated with applicable federal and state securities laws and the
Act; the costs associated with preparing Special Tax disclosure statements and responding to
public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2006-1 (IA F) or
any designee thereof related to an appeal of the Special Tax; the costs associated with the
release of funds from an escrow account; and the City's annual administration fees and third
party expenses. Administrative Expenses shall also include amounts estimated by the CFD
Administrator or advanced by the City or CFD No. 2006-1 (IA F) for any other
administrative purposes of CFD No. 2006-1 (IA F), including attorney's fees and other costs,
and attorney's fees and other costs related to commencing and pursuing to completion any
foreclosure of delinquent Special Taxes.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area F Page 1
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land
Use Class of Developed Property, as determined in accordance with Section C. 1.(b) below.
"Authorized Facilities" means those authorized improvements, as listed in an exhibit to the
Resolution of Formation.
"Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each
Assessor's Parcel of Developed Property, as determined in accordance with Section C.L(c)
below.
"Certificate of Occupancy" means a certificate issued by the City that authorizes the actual
occupancy of a dwelling unit for habitation by one or more residents.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement for Facilities, the Special Tax Requirement for
Services as determined in accordance with Section I below, and providing for the levy and
collection of the Special Taxes.
"CFD No. 2006-1" means City of Lake Elsinore Community Facilities District No. 2006-1
(Summerly).
"CFD No. 2006-1 (IA F)" means Improvement Area F of CFD No. 2006-1 as identified on
the boundary map for CFD No. 2006-1.
"CFD No. 2006-1 (IA F) Bonds" means any bonds or other debt (as defined in Section
53317(d) of the Act), whether in one or more series, issued by CFD No. 2006-1 (IA F) and
secured solely by the Special Tax for Facilities levy on property within the boundaries of
CFD No. 2006-1 (IA F) under the Act.
"City" means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the legislative
body of CFD No. 2006-1 (IA F).
"County" means the County of Riverside.
"Developed Property" means, with respect to the Special Tax for Facilities, for each Fiscal
Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property
Owner Association Property, for which the Final Subdivision was recorded on or before
January 1 of the prior Fiscal Year and a building permit for new construction was issued on
or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for
Facilities is being levied.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area F Page 2
"Final Subdivision" means (i) a final map, or portion thereof, approved by the City pursuant
to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates
individual lots for which building permits may be issued, or (ii) for condominiums, a final
map, or portion thereof, approved by the City and a condominium plan recorded pursuant to
California Civil Code Section 1352 that creates individual lots for which building permits
may be issued.
"Funding Agreement" means the Funding, Construction and Acquisition Agreement entered
into by the City, on behalf of CFD No. 2006-1, as it may be amended.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which CFD No. 2006-1 (IA F) Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table 1 below.
"Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities,
determined in accordance with Section C below, that can be levied in any Fiscal Year on any
Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit permitting the construction of one or more non-residential units or facilities
has been issued by the City.
"Outstanding Bonds" means all CFD No. 2006-1 (IA F) Bonds which are deemed to be
outstanding under the Indenture.
"Property Owner Association Property" means, for each Fiscal Year, any property within
the boundaries of CFD No. 2006-1 (IA F) that was owned by a property owner association,
including any master or sub-association, as of January 1 of the prior Fiscal Year.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax for
Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor's Parcels of
Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the
actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per
Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately"
may similarly be applied to other categories of Taxable Property as listed in Section D below.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of
CFD No. 2006-1 (IA F) owned by, irrevocably offered or dedicated to, or over, through or
under which an easement for purposes of public use has been granted, to the federal
government, the State, the County, the City, the Lake Elsinore Unified School District, or any
local government or other public agency as of January 1 of the previous Fiscal Year,
provided that any property leased by a public agency to a private entity and subject to
taxation under Section 53340.1 of the Act shall be taxed and classified according to its use;
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) -Improvement Area F page 3
or (ii) any property within the boundaries of CFD No. 2006-1 (IA F) that was encumbered, as
of January 1 of the previous Fiscal Year, by an unmanned utility easement making
impractical its utilization for other than the purpose set forth in the easement.
"Residential Floor Area" means all of the square footage of living area within the perimeter
of a residential structure, not including any carport, walkway, garage, overhang, patio,
enclosed patio, or similar area. The determination of Residential Floor Area for an
Assessor's Parcel shall be made by reference to the building permit(s) issued for such
Assessor's Parcel.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit permitting the construction thereon of one or more residential dwelling units
has been issued by the City.
"Resolution of Formation" means the resolution of formation for CFD No. 2006-1 (IA F).
"Special Tax" means any of the special taxes authorized to be levied by CFD No. 2006-1
(IA F) pursuant to the Act.
"Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Developed Property, Taxable Property Owner Association Property,
Taxable Public Property, and Undeveloped Property to fund the Special Tax Requirement for
Facilities.
"Special Tax Requirement for Facilities" means that amount required in any Fiscal Year
for CFD No. 2006-1 (IA F) to: (i) pay debt service on all Outstanding Bonds due in the
calendar year commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2006-
1 (IA F) Bonds, including but not limited to, credit enhancement and rebate payments on the
CFD No. 2006-1 (IA F) Bonds due in the calendar year commencing in such Fiscal Year; (iii)
pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any
reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax for
Facilities delinquencies; (vi) pay directly for acquisition or construction of Authorized
Facilities to the extent that the inclusion of such amount does not increase the Special Tax for
Facilities levy on Undeveloped Property; less (vii) a credit for funds available to reduce the
annual Special Tax for Facilities levy, as determined by the CFD Administrator pursuant to
the Indenture.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
2006-1 (IA F) which are not exempt from the Special Tax for Facilities pursuant to law or
Section E below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of Property
Owner Association Property that are not exempt pursuant to Section E below.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area F Page 4
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt pursuant to Section E below.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property, Taxable Property Owner Association Property, or Taxable Public
Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2006-1 (IA F) shall be classified as
Developed Property, Taxable Public Property, Taxable Property Owner Association Property,
or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate
and Method of Apportionment determined pursuant to Sections C and D below. Residential
Property shall be assigned to Land Use Classes 1 through 14 as listed in Table 1 below based
on the Residential Floor Area for each unit. Non-Residential Property shall be assigned to
Land Use Class 15. With respect to Residential Property, the Residential Floor Area shall be
determined from the most recent building permit issued prior to the issuance of a Certificate
of Occupancy for such Assessor's Parcel.
C. MAXIMUM SPECIAL TAX FOR FACILITIES
Prior to the issuance of the first building permit within CFD No. 2006-1 (IA F), the Assigned
Special Tax for Facilities on Developed Property (set forth in Table 1), and the Backup
Special Tax for Facilities attributable to a Final Subdivision, may be reduced in accordance
with, and subject to the conditions set forth in this paragraph. If it is reasonably determined
by the CFD Administrator that the overlapping debt burden (as defined in the Statement of
Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982 adopted
by the City Council, the "Goals and Policies") calculated pursuant to the Goals and Policies
based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City's
maximum overlapping debt burden set forth in such document, the Assigned Special Tax for
Facilities on Developed Property, and the Backup Special Tax for Facilities attributable to a
Final Subdivision, may be reduced to the maximum overlapping debt burden level with the
written consent of the CFD Administrator. The reductions permitted pursuant to this
paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall
cause to be recorded by executing a certificate in substantially the form attached hereto as
Exhibit "A".
In addition, prior to the issuance of CFD No. 2006-1 (IA F) Bonds, the Assigned Special Tax
for Facilities on Developed Property and the Backup Special Tax for Facilities attributable to
a Final Subdivision may be reduced upon the written request of the "Owner" under the
Funding Agreement. Such written request shall include, at a minimum, the amount of the
reduced tax requested for each Land Use Class shown in Table 1 below. The City and CFD
Administrator shall review the written request, and if approved, the reductions permitted
pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area F Page 5
the City shall cause to be recorded by executing a certificate in substantially the form
attached hereto as Exhibit "A".
1. Developed Property
(a) Maximum Special Tax for Facilities
The Maximum Special Tax for Facilities for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by application of
the Assigned Special Tax for Facilities or (ii) the amount derived by application of
the Backup Special Tax for Facilities.
(b) Assigned Special Tax for Facilities
The Fiscal Year 2010-2011 Assigned Special Tax for Facilities for each Land Use
Class is shown below in Table 1.
City of Lake Elsinore January 17, 2011
CFD No. 2 006-1 (Summerly) -ImprovementArea F Page 6
TABLE 1
Assigned Special Tax for Facilities for Developed Property
Community Facilities District No. 2006-1
(Improvement Area F)
Fiscal Year 2010-2011
~F ~L~$'aa9~
1
~s"fa Nx e'°'C RT '~.ea`~-
Residential Property
S '`SJ'~!i ~ SCI t T`33 .
Less than 1,100 sq. ft.
~ BSS p
$1,650 per unit
2
Residential Property
1,100 - 1,299 sq. ft.
$1,750 per unit
3
Residential Property
1,300 - 1,499 sq. ft.
$1,850 per unit
4
Residential Property
1,500 - 1,699 sq• ft.
$1,950 per unit
5
Residential Property
1,700 - 1,899 sq. ft.
$2,050 per unit
6
Residential Property
1,900 - 2,099 sq. ft.
$2,150 per unit
7
Residential Property
2,100 - 2,299 sq. ft.
$2,250 per unit
8
Residential Property
2,300 - 2,499 sq. ft.
$2,350 per unit
9
Residential Property
2,500 - 2,699 sq. ft.
$2,450 per unit
10
Residential Property
2,700 - 2,899 sq. ft.
$2,525 per unit
11
Residential Property
2,900 - 3,099 sq. ft.
$2,600 per unit
12
Residential Property
3,100 - 3,299 sq. ft.
$2,675 per unit
13
Residential Property
3,300 - 3,499 sq. ft.
$2,750 per unit
14
Residential Property
More than 3,500 sq. ft.
$2,825 per unit
15
Non-Residential Property
NA
$17,469 per Acre
(c) Backup Special Tax for Facilities
The Fiscal Year 2010-2011 Backup Special Tax for Facilities attributable to a Final
Subdivision will equal $17,469, multiplied by the Acreage of all Taxable Property,
exclusive of any Taxable Property Owner Association Property and Taxable Public
Property, therein. The Backup Special Tax for Facilities for each Assessor's Parcel
of Residential Property shall be computed by dividing the Backup Special Tax for
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area F page 7
Facilities attributable to the applicable Final Subdivision by the number of Assessor's
Parcels for which building permits for residential construction have or may be issued
(i.e., the number or residential lots). The Backup Special Tax for Facilities for each
Assessor's Parcel of Non-Residential Property therein shall equal $17,469 multiplied
by the Acreage of such Assessor's Parcel.
If a Final Subdivision includes Assessor's Parcels of Taxable Property for which
building permits for both residential and non-residential construction may be issued,
exclusive of Taxable Property Owner Association Property and Taxable Public
Property, then the Backup Special Tax for Facilities for each Assessor's Parcel of
Residential Property shall be computed exclusive of the Acreage and Assessor's
Parcels of property for which building permits for non-residential construction may
be issued.
Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s)
described in the preceding paragraphs is subsequently changed or modified by
recordation of a lot line adjustment or similar instrument, and only if the CFD
Administrator determines that such change or modification results in a decrease in the
number of Assessor's Parcels of Taxable Property for which building permits for
residential construction have or may be issued within such Final Subdivision, then the
Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property
that is part of the lot line adjustment or similar instrument for such Final Subdivision
shall be a rate per Acre as calculated below. The Backup Special Tax for Facilities
previously determined for an Assessor's Parcel of Developed Property that is not a
part of the lot line adjustment or similar instrument for such Final Subdivision shall
not be recalculated.
Determine the total Backup Special Tax for Facilities anticipated to
apply to the changed or modified portion of the Final Subdivision
area prior to the change or modification.
2. The result of paragraph I above shall be divided by the Acreage of
Taxable Property which is ultimately expected to exist in such
changed or modified portion of the Final Subdivision area, as
reasonably determined by the CFD Administrator.
3. The result of paragraph 2 above shall be the Backup Special Tax for
Facilities per Acre which shall be applicable to Assessor's Parcels of
Developed Property in such changed or modified portion of the Final
Subdivision area for all remaining Fiscal Years in which the Special
Tax for Facilities may be levied.
(d) Release of Obligation to Pay and Disclose Backup Special Tax
All Assessor's Parcels within CFD No. 2006-1 (IA F) will be relieved simultaneously
and permanently from the obligation to pay and disclose the backup Special Tax if
the CFD Administrator determines that the annual debt service required for the
Outstanding Bonds, when compared to the Assigned Special Taxes for Facilities that
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area F Page 8
may be levied against all Assessor's Parcels of Developed Property results in 110%
debt service coverage (i.e., the aggregate Assigned Special Taxes for Facilities that
may be levied against all Developed Property in each remaining Fiscal Year based on
then existing development in CFD No. 2006-1 (IA F) is at least equal to the sum of
(i) the Administrative Expenses and (ii) 1.10 times maximum annual debt service, in
each remaining Fiscal Year on the Outstanding Bonds).
(e) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for
Facilities
The Fiscal Year 2010-2011 Assigned Special Tax for Facilities, identified in Table 1
above, and Backup Special Tax for Facilities shall increase thereafter, commencing
on July 1, 2011 and on July 1 of each Fiscal Year thereafter, by an amount equal to
two percent (2%) of the amount in effect for the previous Fiscal Year.
(f) Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more than
one Land Use Class. The Maximum Special Tax for Facilities levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all
Land Use Classes located on that Assessor's Parcel. The CFD Administrator's
allocation to each type of property shall be final.
2. Taxable Property Owner Association Property Taxable Public Property and
Undeveloped Property
The Fiscal Year 2010-2011 Maximum Special Tax for Facilities for Taxable Property
Owner Association Property, Taxable Public Property, and Undeveloped Property
shall be $17,469 per Acre and shall increase thereafter, commencing on July 1, 2011
and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%)
of the Maximum Special Tax for Facilities in effect for the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES
Commencing with Fiscal Year 2010-2011 and for each following Fiscal Year, the City
Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax
for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax
Requirement for Facilities. The Special Tax for Facilities shall be levied each Fiscal Year as
follows:
First: The Special Tax for Facilities shall be levied on each Assessor's Parcel of Developed
Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities;
Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first step has been completed, the Special Tax for Facilities shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the
Maximum Special Tax for Facilities for Undeveloped Property;
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summer(y) - Improvement Area F Page 9
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first two steps have been completed, then the levy of the Special Tax for Facilities
on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities
is determined through the application of the Backup Special Tax for Facilities shall be
increased in equal percentages from the Assigned Special Tax for Facilities up to the
Maximum Special Tax for Facilities for each such Assessor's Parcel;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first three steps have been completed, then the Special Tax for Facilities shall be
levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association
Property and Taxable Public Property at up to 100% of the Maximum Special Tax for
Facilities for Taxable Property Owner Association Property or Taxable Public Property.
Notwithstanding the above, the City Council may, in any Fiscal Year, levy Proportionately
less than 100% of the Assigned Special Tax for Facilities in step one (above), when (i) the
City Council is no longer required to levy the Special Tax for Facilities pursuant to steps two
through four above in order to meet the Special Tax Requirement for Facilities; (ii) all
authorized CFD No. 2006-1 (IA F) Bonds have already been issued or the City Council has
covenanted that it will not issue any additional CFD No. 2006-1 (IA F) Bonds (except
refunding bonds) to be supported by the Special Tax for Facilities; and (iii) all Authorized
Facilities have been constructed and/or acquired.
Further notwithstanding the above, under no circumstances will the Special Tax for Facilities
levied against any Assessor's Parcel of Residential Property for which a Certificate of
Occupancy has been issued be increased by more than ten percent as a consequence of
delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006-1
(IA F).
E.
No Special Tax for Facilities shall be levied on up to 7.81 Acres of Property Owner
Association Property and/or Public Property in CFD No. 2006-1 (IA F). Tax-exempt status
will be assigned by the CFD Administrator in the chronological order in which property
becomes Property Owner Association Property or Public Property. However, should an
Assessor's Parcel no longer be classified as Property Owner Association Property or Public
Property, its tax-exempt status will be revoked.
Property Owner Association Property or Public Property that is not exempt from Special Tax
for Facilities under this section shall be subject to the levy of the Special Tax for Facilities
and shall be taxed Proportionately as part of the fourth step in Section D above, at up to
100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association
Property or Taxable Public Property.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area F Page 10
F. MANNER OF COLLECTION
The Special Tax for Facilities shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 2006-1 (IA F) may
directly bill the Special Tax for Facilities, may collect Special Taxes at a different time or in
a different manner if necessary to meet its financial obligations, and may covenant to
foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the
Act.
G. PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The following additional definitions apply to this Section G:
"Buildout" means, for CFD No. 2006-1 (IA F), that all expected building permits have been
issued.
"CFD Public Facilities Costs" means either $5,540,000 in 2010 dollars, which shall
increase by the Construction Inflation Index on July 1, 2011, and on each July 1 thereafter, or
such lower number as (i) shall be determined by the CFD Administrator as sufficient to fund
the Authorized Facilities to be provided by CFD No. 2006-1 (IA F) under the authorized
bonding program for CFD No. 2006-1 (IA F), or (ii) shall be determined by the City Council
concurrently with a covenant that it will not issue any more CFD No. 2006-1 (IA F) Bonds
(except refunding bonds) to be supported by the Special Tax for Facilities levy under this
Rate and Method of Apportionment as described in Section D above.
"Construction Inflation Index" means the annual percentage change in the Engineering
News Record Building Cost Index for the City of Los Angeles, measured as of the calendar
year which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the CFD
Administrator that is reasonably comparable to the Engineering News Record Building Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) public facility
costs previously paid from the Improvement Fund, (ii) moneys currently on deposit in the
Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected
to be available to finance the cost of Authorized Facilities.
"Improvement Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct Authorized
Facilities eligible under the Act.
"Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are
deemed to be outstanding under the Indenture after the first interest and/or principal payment
date following the current Fiscal Year.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) - Improvement Area F Page 11
1. Prepayment in Full
Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a
building permit has been issued, may be prepaid. The obligation of the Assessor's Parcel to
pay the Special Tax for Facilities may be permanently satisfied as described herein, provided
that a prepayment may be made with respect to a particular Assessor's Parcel only if there are
no delinquent Special Taxes with respect to such Assessor's Parcel at the time of
prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax for
Facilities obligation shall provide the CFD Administrator with written notice of intent to
prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify
such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator
may charge a reasonable fee for providing this service. Prepayment must be made not less
than 45 days prior to the next occurring date that notice of redemption of CFD No. 2006-1
(IA F) Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to
the Indenture.
The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as
summarized below (capitalized terms as defined below):
Bond Redemption Amount
plus
Redemption Premium
plus
Future Facilities Amount
plus
Defeasance Amount
plus
Administrative Fees and Expenses
less
Reserve Fund Credit
less
Capitalized Interest Credit
Total: equals
Special Tax for Facilities Prepayment Amount
As of the proposed date of prepayment, the Special Tax for Facilities Prepayment Amount
shall be calculated as follows:
Paragraph No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax for
Facilities and Backup Special Tax for Facilities. For Assessor's Parcels of
Undeveloped Property for which a building permit has been issued, compute the
Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that
Assessor's Parcel as though it was already designated as Developed Property, based
upon the building permit which has already been issued for that Assessor's Parcel.
3. (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2
by the total estimated Assigned Special Tax for Facilities for the entire CFD No.
2006-1 (IA F) based on the Developed Property Special Tax for Facilities which
could be levied in the current Fiscal Year on all expected development through
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area F Page 12
Buildout of CFD No. 2006-1 (IA F), excluding any Assessor's Parcels which have
been prepaid, and
(b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by
the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD
No. 2006-1 (IA F), excluding any Assessor's Parcels which have been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
Previously Issued Bonds to compute the amount of Previously Issued Bonds to be
retired and prepaid (the "Bond Redemption Amount').
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (e.g., the redemption price-100%), if any, on the
Previously Issued Bonds to be redeemed (the "Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
amount determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Amount').
8. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Previously Issued Bonds.
9. Determine the Special Tax for Facilities levied on the Assessor's Parcel in the current
Fiscal Year which has not yet been paid.
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Special Tax for Facilities Prepayment Amount less the
Future Facilities Amount and the Administrative Fees and Expenses (defined below)
from the date of prepayment until the redemption date for the Previously Issued
Bonds to be redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount').
12. The administrative fees and expenses of CFD No. 2006-1 (IA F) are as calculated by
the CFD Administrator and include the costs of computation of the prepayment, the
costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006-1 (IA
F) Bonds, and the costs of recording any notices to evidence the prepayment and the
redemption (the "Administrative Fees and Expenses").
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of. (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Previously Issued Bonds as a result of the
prepayment, or (b) the amount derived by subtracting the new reserve requirement (as
defined in the Indenture) in effect after the redemption of Previously Issued Bonds as
City of Lake Elsinore January 17, 2011
CFD No. 2006-1(Summerly) -Improvement Area F Page 13
a result of the prepayment from the balance in the reserve fund on the prepayment
date, but in no event shall such amount be less than zero. No Reserve Fund Credit
shall be granted if the amount then on deposit in the reserve fund for the Previously
Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture).
14. If any capitalized interest for the Previously Issued Bonds will not have been expended
as of the date immediately following the first interest and/or principal payment
following the current Fiscal Year, a capitalized interest credit shall be calculated by
multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
expected balance in the capitalized interest fund or account under the Indenture after
such first interest and/or principal payment (the "Capitalized Interest Credit").
15. The Special Tax for Facilities prepayment is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to
paragraphs 13 and 14 (the "Special Tax for Facilities Prepayment Amount").
From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to
paragraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established
under the Indenture and be used to retire CFD No. 2006-1 (IA F) Bonds or make debt service
payments. The amount computed pursuant to paragraph 7 shall be deposited into the
Improvement Fund. The amount computed pursuant to paragraph 12 shall be retained by
CFD No. 2006-1 (IA F).
The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full
$5,000 increment of CFD No. 2006-1 (IA F) Bonds. In such cases, the increment above
$5,000 or integral multiple thereof will be retained in the appropriate fund established under
the Indenture to be used with the next prepayment of CFD No. 2006-1 (IA F) Bonds or to
make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax for Facilities levy as
determined under paragraph 9 (above), the CFD Administrator shall remove the current
Fiscal Year's Special Tax for Facilities levy for such Assessor's Parcel from the County tax
rolls. With respect to any Assessor's Parcel that is prepaid, the City Council shall cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the
Special Tax for Facilities and the release of the Special Tax for Facilities lien on such
Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax for
Facilities shall cease.
Notwithstanding the foregoing, no Special Tax for Facilities prepayment shall be allowed
unless, at the time of such proposed prepayment, the amount of Maximum Special Tax for
Facilities that may be levied on Taxable Property within CFD No. 2006-1 (IA F) (after
excluding 7.81 Acres of Property Owner Association Property and/or Public Property in CFD
No. 2006-1 (IA F) as set forth in Section E) both prior to and after the proposed prepayment
is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above,
and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal Year on the
Outstanding Bonds.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summery) -Improvement Area F Page 14
2. Prepayment in Part
The Special Tax for Facilities on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Undeveloped Property for which a building permit has been issued may
be partially prepaid. The amount of the prepayment shall be calculated as in Section G.1;
except that a partial prepayment shall be calculated according to the following formula:
PP = [(PE - A) x F] +A
These terms have the following meaning:
PP = the partial prepayment.
PE = the Special Tax for Facilities Prepayment Amount calculated according to
Section G.1.
F = the percentage, expressed as a decimal, by which the owner of the Assessor's
Parcel is partially prepaying the Special Tax for Facilities.
A = the Administrative Fees and Expenses calculated according to Section G.1.
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the
percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial prepayment of
the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and may
charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that
is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to
Section G.1, and (ii) indicate in the records of CFD No. 2006-1 (IA F) that there has been a
partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for
Facilities with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 -
F) of the remaining Maximum Special Tax for Facilities, shall continue to be levied on such
Assessor's Parcel pursuant to Section D above.
H. TERM OF SPECIAL TAX FOR FACILITIES
The Special Tax for Facilities shall be levied until Fiscal Year 2059-2060, provided however
that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD
Administrator has determined (i) that all required interest and principal payments on the CFD
No. 2006-1 (IA F) Bonds have been paid; (ii) all Authorized Facilities have been acquired and
all reimbursements required by the Funding Agreement have been paid; and (iii) all other
obligations of CFD No. 2006-1 (IA F) have been satisfied. Bonds shall not be issued after
eighteen (18) months have elapsed following the issuance of the final Certificate of Occupancy
within CFD No. 2006-1 (IA F), except as otherwise provided in the Funding Agreement.
City of Lake Elsinore January 17, 2011
CFD No. 2006-1 (Summerly) - Improvement Area F Page 15
I. SPECIAL TAX FOR SERVICES
The following additional definitions apply to this Section I:
"Developed Multifamily Unit" means a residential dwelling unit within a building in which
each of the individual dwelling units has or shall have at least one common wall with another
dwelling unit and a building permit has been issued by the City for such dwelling unit on or
prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being
levied.
"Developed Single Family Unit" means a residential dwelling unit other than a Developed
Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the
City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is
being levied.
"Maximum Special Tax for Services" means the maximum Special Tax for Services that
can be levied by CFD No. 2006-1 (IA F) in any Fiscal Year on any Assessor's Parcel.
"Operating Fund" means a fund that shall be maintained for CFD No. 2006-1 (IA F) for
any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the
applicable Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the end of
the preceding Fiscal Year.
"Service Area" means public parks, open space, and storm drains.
"Special Tax for Services" means any of the special taxes authorized to be levied within
CFD No. 2006-1 (IA F) pursuant to the Act to fund the Special Tax Requirement for
Services.
"Special Tax Requirement for Services" means the amount determined in any Fiscal Year
for CFD No. 2006-1 (IA F) equal to (i) the budgeted costs directly related to the Service
Area, including maintenance, repair and replacement of certain components of the Service
Area which have been accepted and maintained or are reasonably expected to be accepted
and maintained during the current Fiscal Year, (ii) pay Administrative Expenses, and (iii)
anticipated Special Tax for Services delinquencies, less (iv) the Operating Fund Balance, as
determined by the CFD Administrator.
1. Rate and Method of Apportionment of the Special Tax for Services
Commencing with Fiscal Year 2010-2011 and for each subsequent Fiscal Year, the City
Council shall levy the Special Tax for Services on (i) all Assessor's Parcels containing a
Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels
of Non-Residential Property, up to the applicable Maximum Special Tax for Services to fund
the Special Tax Requirement for Services.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area F Page 16
The Maximum Special Tax for Services for Fiscal Year 2010-11 shall be $267.18 per
Developed Single Family Unit, $133.59 per Developed Multifamily Unit, and $601.72 per
Acre for each Assessor's Parcel of Non-Residential Property.
On each July 1, commencing July 1, 2011, the Maximum Special Tax for Services shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
2. Duration of the Special Tax for Services
The Special Tax for Services shall be levied in perpetuity to fund the Special Tax
Requirement for Services, unless no longer required as determined at the sole discretion of
the City Council.
3. Collection of the Special Tax for Services
The Special Tax for Services shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided, however, that CFD No. 2006-1 (IA F) may
collect the Special Tax for Services at a different time or in a different manner if necessary to
meet its funding requirements.
J. APPEALS AND INTERPRETATIONS
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error may submit a written appeal to CFD No. 2006-1 (IA F). The
CFD Administrator shall review the appeal and if the CFD Administrator concurs, the
amount of the Special Tax levied shall be appropriately modified.
The City Council may interpret this Rate and Method of Apportionment for purposes of
clarifying any ambiguity and make determinations relative to the annual administration of the
Special Tax and any landowner or resident appeals. Any decision of the City Council shall
be final and binding as to all persons.
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) -Improvement Area F
Page 17
EXHIBIT "A"
CITY OF LAKE ELSINORE AND CFD No. 2006-1 (IA F) CERTIFICATE
1. Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore and
City of Lake Elsinore Community Facilities District No. 2006-1 Improvement Area F ("CFD No.
2006-1 (IA F)") hereby agree to a reduction in the Assigned Special Tax for Facilities for
Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision
within CFD No. 2006-1 (IA F):
(a) The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed
Property within CFD No. 2006-1 (IA F) shall be modified as follows:
Land €Tse
Class
1
M'ZON
h_.. D saapla
Residential Property
ResXderittale
Floor ea
Less than 1,100 sq. ft.
Asgn~'dSEedialflax
f01" . l re HMIE
$ per unit
2
Residential Property
1,100 - 1,299 sq. ft.
$ per unit
3
Residential Property
1,300 - 1,499 sq. ft.
$ per unit
4
Residential Property
1,500 - 1,699 sq. ft.
$ per unit
5
Residential Property
1,700 - 1,899 sq. ft.
$ per unit
6
Residential Property
1,900 - 2,099 sq. ft.
$ per unit
7
Residential Property
2,100 - 2,299 sq. ft.
$ per unit
8
Residential Property
2,300 - 2,499 sq. ft.
$ per unit
9
Residential Property
2,500 - 2,699 sq. ft.
$ per unit
10
Residential Property
2,700 - 2,899 sq. ft.
$ per unit
11
Residential Property
2,900 - 3,099 sq. ft.
$ per unit
12
Residential Property
3,100 - 3,299 sq. ft.
$ per unit
13
Residential Property
3,300 - 3,499 sq. ft.
$ per unit
14
Residential Property
More than 3,500 sq. ft.
$ per unit
15
Non-Residential Property
NA
$ per acre
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area F Page 18
(b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No.
2006-1 (IA F), as stated in Section C.L(c), shall be reduced from $17,469 per Acre to $
per Acre.
2. The Special Tax for Facilities may be modified prior to the first building permit issuance within
CFD No. 2006-1 (IA F) and prior to the issuance of the first series of Bonds of CFD No. 2006-1
(IA F).
3. Upon execution of the Certificate by the City of Lake Elsinore and "Owner" under the Funding
Agreement, the City shall cause an amended notice of Special Tax lien for CFD No. 2006-1 (IA
F) to be recorded reflecting the modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD
No. 2006-1 (IA F), receipt of this Certificate and modification of the Rate and Method of
Apportionment as set forth in this Certificate.
CITY OF LAKE ELSINORE
By:
CFD Administrator
Date:
Owner per Funding Agreement
By:
Date:
City of Lake Elsinore January 17, 2011
CID No. 2006-1 (Summerly) - Improvement Area F Page 19