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HomeMy WebLinkAbout2009-07-14 City Council Item No. 8 CITY OF i�� LAKE LS I NO E DREAM EXTREME,. lOr REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 14, 2009 SUBJECT: COMMUNITY FACILITIES DISTRICT NO. 2003 -2 (CANYON HILLS) IMPROVEMENT AREA D, ALTERING THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES Background The City Council established a Community Facilities District No. 2003 -2 (Canyon Hills) (the "CFD ") in 2004 pursuant to the Mello -Roos Community Facilities Act of 1982. The CFD was created to finance the construction of public infrastructure related to the Canyon Hills development. The CFD was partitioned into 4 separate improvement areas (A through D), based on the construction phasing for the development. Improvement Area D consists of a proposed 895 residential units and a school site. Construction on the buildings has not begun within this improvement area. Discussion The configuration of the school site in Improvement Area D has changed since the CFD was formed, reducing the area of taxable property within the CFD. Because of this change, the current undeveloped tax rate in the Rate and Method of Apportionment of special taxes (RMA) no longer provides adequate tax coverage. Therefore, the property owner (Pardee Homes) has requested the RMA be altered to account for the reduction in taxable area by increasing the undeveloped tax rate. There will be no change to the developed tax rates. Pardee Homes has also requested that the termination of the special tax for Improvement Area D be extended from Fiscal Year 2046 -47 to Fiscal Year 2052 -53, or 6 years. This coincides with the number of years that have passed since the creation of the CFD and there has been no development activity in that time period. CC July 14, 2009 Item No. 8 Page 1 of 22 Resolution of Consideration for CFD 2003 -2 July 14, 2009 Page 2 Pardee Homes has agreed to add to the RMA a certificate allowing for the reduction of the developed property special taxes prior to bond sale. Should the total tax rate for the parcels in Improvement Area D exceed the City's goal of 2% prior to bond issuance, the certificate can be used to permanently reduce the CFD special taxes to keep the total tax within the 2% goal. In 2005, City staff began requiring a similar certificate in all new CFDs. The proposed changes require two - thirds (2/3) majority approval by the land owners within Improvement Area D. Attached is a Resolution of Consideration to alter the RMA and setting a Public Hearing for August 25, 2009. The proposed amended and restated RMA is also attached. Fiscal Impact Cost of the change proceedings is born by the developer. All other costs are paid through the CFD. Recommendations 1. Adopt a Resolution of Consideration to alter the rate and method of apportionment of special taxes within Improvement Area D of CFD No. 2003 -2 (Canyon Hills) and set a Public Hearing for August 25, 2009, 7:00 PM. Prepared by: James R. Ri aim Acting Director • Administrative Services Approved by: Robert A. Brady 1 I l City Manager 41/ CC July 14, 2009 Item No. 8 Page 2 of 22 NOTICE OF THE PUBLIC HEARING ON THE PROPOSED ALTERATION TO THE RATE AND METHOD OF APPORTIONMENT OF EXISTING SPECIAL TAX WITH RESPECT TO IMPROVEMENT AREA D OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -2 (CANYON HILLS) NOTICE IS HEREBY GIVEN that at 7:00 o'clock p.m. on August 25, 2009 or as soon thereafter as practicable, at the Lake Elsinore Cultural Center located at 183 North Main Street, Lake Elsinore, California 92530, the City Council of the City of Lake Elsinore will hold a public hearing on the proposed alteration to the rate and method of apportionment of existing special taxes with respect to Improvement Area D of the City of Lake Elsinore Community Facilities District No. 2003 -2 (Canyon Hills) (the "District "). On July 14, 2009, the City Council of the City of Lake Elsinore, California adopted a resolution of consideration to alter the rate and method of apportionment of an existing special tax relating to Improvement Area D of the District. At the hearing, the testimony of all interested persons or taxpayers for or against the alteration of the rate and method of apportionment of special taxes will be heard. If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within Improvement Area D of the District, or the owners of one -half or more of the area of the land in Improvement Area D of the District, file written protests against the alteration of the rate and method of apportion of special taxes, and protests are not withdrawn so as to reduce the value of the protest to les than a majority, no further proceedings to alter the rate and method of apportionment of special taxes shall be taken for a period of one year. The voting procedure with respect to the proposed alteration to the rate and method of special taxes shall be by personal service or mailed ballot election. CITY COUNCIL OF THE CITY OF LAKE ELSINORE Dated: , 2009 By: City Clerk of the City of Lake Elsinore CC July 14, 2009 Item No. 8 75774011.1 1 Page 3 of 22 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, DEBORA THOMSEN, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 14 day of July 2009, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: DEBORA THOMSEN CITY CLERK CC July 14, 2009 Item No. 7 3 Page 6 of 6 RESOLUTION NO. RESOLUTION OF CONSIDERATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ALTER THE RATE AND METHOD OF APPORTIONMENT OF AN EXISTING SPECIAL TAX RELATING TO IMPROVEMENT AREA D OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -2 (CANYON HILLS) WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore (the "City ") desires to institute proceedings to alter the rate and method of apportionment of an existing special tax with respect to Improvement Area D (the "Improvement Area ") of the City of Lake Elsinore Community Facilities District No. 2003 -2 (Canyon Hills) (the "District ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the "Act" NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, acting as the legislative body of City of Lake Elsinore Community Facilities District No. 2003 -2 (Canyon Hills), does hereby resolve as follows: Section 1. A public hearing (the "Hearing ") on the proposed alterations to the rate and method of apportionment of existing special taxes shall be held on August 25, 2009, at 7:00 p.m., or as soon thereafter as practicable, at the Lake Elsinore Cultural Center located at 183 North Main Street, Lake Elsinore, California 92530. The amended and restated rate and method of apportionment of the special tax is described in detail in Exhibit A attached hereto. Section 2. At the time and place set forth above for the hearing, any interested person, including all persons owning lands or registered to vote within the Improvement Area, may appear and be heard. Section 3. The City Clerk is hereby directed to publish a notice ( "Notice ") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the Improvement Area. Such Notice shall contain the text or a summary of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the Improvement Area as provided in Section 53337 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing. Section 4. The voting procedure with respect to the proposed alteration of the rate and method of apportionment of existing special taxes shall be by personal service or mailed ballot election. Section 5. This Resolution shall take effect from and after the date of its passage and adoption. CC July 14, 2009 Item No. 8 1 Page 4 of 22 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this day of 2009. ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CC July 14, 2009 Item No. 8 2 Page 5 of 22 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, DEBORA THOMSEN, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the day of 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK CC July 14, 2009 Item No. 8 3 Page 6 of 22 EXHIBIT A AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2003 -2 OF THE CITY OF LAKE ELSINORE (CANYON HILLS) (IMPROVEMENT AREA D) CC July 14, 2009 Item No. 8 Page 7 of 22 AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2003-2 OF THE CITY OF LAKE ELSINORE (CANYON HILLS) (IMPROVEMENT AREA D) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in Improvement Area D of the City of Lake Elsinore ( "City ") Community Facilities District No. 2003 -2 (Canyon Hills) ( "CFD No. 2003 -2 "). An Annual Special Tax shall be levied on and collected in Improvement Area D of CFD No. 2003 -2 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within Improvement Area 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. SECTION 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 the Assessor's Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer. "Act" means the Mello -Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means any ordinary and necessary expense incurred by the City on behalf of Improvement Area D related to the determination of the amount of the levy of Special Taxes, the collection of Special Taxes including the expenses of collecting delinquencies, the administration of Bonds, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of Improvement Area D, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2003 -2 relating to Improvement Area D. "Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's Parcel. "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 1 Page 8 of 22 "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management. "Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1 preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before March 1' preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. "Assigned Annual Special Tax" means the Special Tax of that name described in Section D below. "Backup Annual Special Tax" means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long -term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long -term contracts, or any refunding thereof, to which Special Taxes within Improvement Area D have been pledged. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD Administrator" means an official of the City, or designee thereof, responsible for (i) determining the Special Tax Requirement and (ii) providing for the levy and collection of the Special Taxes. "CFD No. 2003 -2" means Community Facilities District No. 2003 -2 established by the City 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. 2003 -2, or its designee. City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 2 Page 9 of 22 "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1 preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building permit was issued on or before March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes as provided for in Section J. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. "Improvement Area D" means Improvement Area D of CFD No. 2003 -2, as identified on the boundary map for CFD No. 2003 -2 on file with the County of Riverside Recorder's Office. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C, that can be levied by CFD No. 2003 -2 within Improvement Area D 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 was issued for any type of non - residential use. "Partial Prepayment Amount" means the amount required to prepay a portion of the Annual Special Tax obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Annual Special Tax obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that the ratio of the Annual Special Tax levy to the applicable Assigned Annual Special Tax is equal for all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment of the Annual Special Tax under step four of Section F, "Proportionately" in step four means that the quotient of (a) Annual Special Tax less the Assigned Annual Special Tax divided by (b) the Backup Annual Special Tax less the Assigned Annual Special Tax, is equal for all applicable Assessor's Parcels. "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section J for Zone 1 or Zone 2 as applicable. City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 3 Page 10 of 22 "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Single Family Property" means all Assessor's Parcels of Residential Property other than Apartment Property. "Single Family Unit" means a residential dwelling unit other than an Apartment Unit. "Special Tax" means any of the special taxes authorized to be levied within Improvement Area D by CFD No. 2003 -2 pursuant to the Act. "Special Tax Requirement" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, and (v) the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2003 -2 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section F., less (vi) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to any applicable bond indenture, fiscal agent agreement, or trust agreement. "Taxable Property" means all Assessor's Parcels within Improvement Area A, which are not Exempt Property. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, Approved Property or Provisional Undeveloped Property. "Zone" means Zone 1 or Zone 2. "Zone 1" means a specific geographic area as depicted in Exhibit A attached herein. "Zone 2" means a specific geographic area as depicted in Exhibit A attached herein. City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 4 Page 11 of 22 SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2008 -09, each Assessor's Parcel within Improvement Area D shall be assigned to Zone 1 or Zone 2 and shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non - Residential Property. Lastly, each Assessor's Parcel of Residential Property shall further be classified as a Single Family Property or Apartment Property, and each Single Family Property shall be assigned to its appropriate Assigned Annual Special Tax rate based on its Building Square Footage. SECTION C MAXIMUM SPECIAL TAX 1. Developed Property The Maximum Special Tax for each Assessor's Parcel of Residential Property or Non - Residential Property that is classified as Developed Property in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax or (ii) the Backup Annual Special Tax. Prior to the issuance of Bonds, the Assigned Annual Special Tax on Developed Property set forth in Table 1 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 and in effect at the time of initial CFD formation, the "Goals and Policies ") calculated pursuant to the Goals and Policies exceeds the City's maximum level objective set forth in such document, the Maximum Special Tax on Developed Property may be reduced (by modifying Table 1) to the amount necessary to satisfy the City's objective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator. In order to reduce the Maximum Special Tax on Developed Property it may be necessary to reduce the Maximum Special Tax for Undeveloped Property. 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 ". 2. Approved Property, Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for each Assessor's Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the Assigned Annual Special Tax. SECTION D City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 5 Page 12 of 22 ASSIGNED ANNUAL SPECIAL TAX 1. Developed Property Each Fiscal Year, each Assessor's Parcel of Single Family Property, Apartment Property, or Non - Residential Property shall be subject to an Assigned Annual Special Tax. The Assigned Annual Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2008 -09 shall be determined pursuant to Table 1 below. TABLE 1 ASSIGNED ANNUAL SPECIAL TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 1 AND ZONE 2 FOR FISCAL YEAR 2008 -09 Land Use Type Building Square Footage Rate Single Family Unit Less than 1,175 $1,237 per Unit Single Family Unit 1,175 - 1,324 $1,350 per Unit Single Family Unit 1,325 - 1,449 $1,577 per Unit Single Family Unit 1,450 - 1,549 $1,626 per Unit Single Family Unit 1,550 -1,649 $1,675 per Unit Single Family Unit 1,650 - 1,749 $1,725 per Unit Single Family Unit 1,750 -1,949 $1,773 per Unit Single Family Unit 1,950 - 2,199 $1,823 per Unit Single Family Unit 2,200 - 2,449 $2,049 per Unit Single Family Unit 2,450 - 2,699 $2,163 per Unit Single Family Unit 2,700 - 2,949 $2,229 per Unit Single Family Unit 2,950 - 3,299 $2,399 per Unit Single Family Unit 3,300 - 3,649 $3,554 per Unit Single Family Unit 3,650 or greater $4,122 per Unit Apartment Unit N/A $662 per Unit Non - Residential Property N/A $19,000 per Acre 2. Approved Property, Undeveloped Property and Provisional Undeveloped Property Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be subject to an Assigned Annual Special Tax. The Assigned Annual Special Tax rate for an Assessor's Parcel classified as Approved Property, Undeveloped Property and Provisional Undeveloped Property for Fiscal Year 2008 -09 shall be $18,907 per Acre for Zone 1 and $19,043 per Acre for Zone 2. City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 6 Page 13 of 22 3. Increase in the Assigned Annual Special Tax On each July 1, commencing July 1, 2009, the Assigned Special Tax rate for Developed Property, Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. SECTION E BACKUP ANNUAL SPECIAL TAX At the time a Final Map is recorded, the Backup Annual Special Tax for all Assessor's Parcels of Developed Property classified or reasonably expected to be classified as a Single Family Property within such Final Map area shall be determined by (i) summing the product of (a) the Maximum Special Tax rate for Undeveloped Property by (b) the total Acreage of Taxable Property of each Assessor's Parcel in such Final Map area, excluding Acreage classified as Provisional Undeveloped Property and any Acreage reasonably expected to be classified as Exempt Property in such Final Map area, and (ii) dividing the results in (i) by the total number of Single Family Units reasonably expected to be constructed within such Final Map area. The resulting quotient shall be the Backup Annual Special Tax for each Assessor's Parcel of Developed Property within such Final Map area. The Maximum Special Tax rate(s) applied in (i) above shall be the applicable Undeveloped Property rate for the Zone in which each Assessor's Parcel is located; provided, however, if an Assessor's Parcel is located in two Zones, the Maximum Special Tax rate applied shall be the lower of the two Maximum Special Tax rates. The Backup Annual Special Tax for all Assessor's Parcels of Developed Property classified as Non - Residential Property or Apartment Property shall be the Maximum Special Tax rate for Undeveloped Property. The Maximum Special Tax rate(s) applied in the preceding sentence shall be the applicable Undeveloped Property rate of the Zone in which the Assessor's Parcel is located. If an Assessor's Parcel is located in two Zones, the Undeveloped Property Maximum Special Tax rate of each Zone shall be multiplied by the Acreage of the Assessor's Parcel within the applicable Zone and the Backup Annual Special Tax of the Assessors Parcel shall equal the total of the two calculated amounts. If a Final Map includes Assessor's Parcels of Developed Property which are classified or reasonably expected to be classified as Single Family Property and Non - Residential Property or Apartment Property, then the Backup Annual Special Tax for each Assessor's Parcel which is classified or reasonably expected to be classified as Single Family Property shall be computed exclusive of the allocable portion of total Acreage attributable to Assessor's Parcels classified or reasonably expected to be classified as Non - Residential Property or Apartment Property. Notwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified or to be classified as either Single Family Property, Apartment Property or Non - Residential Property are subsequently changed of modified by recordation of a lot line adjustment or similar instrument, then the Backup Annual Special Tax shall be recalculated to equal the amount of Backup Annual Special Tax that would have been generated if such change did not take place. City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 7 Page 14 of 22 On each July 1, commencing July 1, 2009, the Backup Annual Special Tax rate shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. SECTION F METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX Commencing Fiscal Year 2008 -09 and for each subsequent Fiscal Year, the City Council shall levy Annual Special Taxes on all Taxable Property in accordance with the following steps: Step One: The Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Annual Special Tax rates in Table 1 to satisfy the Special Tax Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Assigned Annual Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Assigned Annual Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Annual Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Annual Special Tax shall be increased Proportionately from the Assigned Annual Special Tax up to 100% of the Backup Annual Special Tax as needed to satisfy the Special Tax Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Assigned Annual Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 8 Page 15 of 22 SECTION G PREPAYMENT OF ANNUAL SPECIAL TAX The following definitions apply to this Section G: "CFD Public Facilities" means $27,000,000 expressed in 2009 dollars, which shall increase by the Construction Inflation Index on July 1, 2010, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for Improvement Area D, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under Improvement Area D. "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 City 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 minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Taxes which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes. The Special Tax obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has been issued or is expected to be issued, or an Assessor's Parcel of Provisional Undeveloped Property may be prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be determined as described below. An owner of an Assessor's Parcel intending to prepay the Annual Special Tax obligation shall provide the City with written notice of intent to prepay, and within 5 days of receipt of such notice, the City shall notify such owner of the amount of the non - refundable deposit determined to cover the cost to be incurred by Improvement Area D in calculating the proper amount of a prepayment. City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 9 Page 16 of 22 Within 15 days of receipt of such non - refundable deposit, the City shall notify such owner of the Prepayment Amount of such Assessor's Parcel. The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Cost plus Administrative Fee less Reserve Fund Credit equals Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated as follows: 1. For an Assessor's Parcel of Developed Property, compute the Assigned Annual Special Tax applicable to the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property, compute the Assigned Annual Special Tax as though is was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped Property compute the Assigned Annual Special Tax for that Assessor's Parcel. 2. For each Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, divide the Assigned Annual Special Tax computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Assigned Annual Special Tax applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City. 3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds. The product shall be the "Bond Redemption Amount ". 4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the "Redemption Premium." 5. Compute the Future Facilities Cost. 6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5. to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount "). City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 10 Page 17 of 22 7. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest call date for the Outstanding Bonds. 8. Estimate the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium until the earliest call date for the Outstanding Bonds. 9. Subtract the amount computed pursuant to paragraph 8 from the amount computed pursuant to paragraph 7. This difference is the "Defeasance Cost." 10. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee." 11. Calculate the "Reserve Fund Credit" as the lesser of: (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than 0. 12. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance, and the Administrative Fee, less the Reserve Fund Credit. 13. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 9, and 11 shall be deposited into the appropriate fund as established under the bond indenture and used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 10 shall be retained by Improvement Area D. With respect to Special Tax obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of Improvement Area D that there has been a prepayment of the Special Tax obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax obligation and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such Special Taxes shall cease. City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 11 Page 18 of 22 Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION H PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX The Special Tax obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has been issued or is expected to be issued, or and Assessor's Parcel of Provisional Undeveloped Property, as calculated in this Section H. below, may be partially prepaid, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax obligation would be prepaid. The Partial Prepayment Amount shall be calculated according to the following formula: PP = PG x F The terms above have the following meanings: PP = the Partial Prepayment Amount. PG = the Prepayment Amount calculated according to Section G. F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax obligation. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall indicate in the records of CFD No. 2003 -2 that there has been a partial prepayment of the Special Tax obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax obligation, to indicate the partial prepayment of the Special Tax obligation and the partial release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax shall cease. Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 12 Page 19 of 22 SECTION I TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Annual Special Tax shall be levied on all Assessor's Parcels subject to the Annual Special Tax. If any delinquent Annual Special Taxes remain uncollected prior to or after all Bonds are retired, the Annual Special Tax may be levied to the extent necessary to reimburse Improvement Area D for uncollected Annual Special Taxes associated with the levy of such Annual Special Taxes, but not later than the 2052 -53 Fiscal Year. SECTION J EXEMPTIONS The City shall classify as Exempt Property (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 69.2 Acres for Zone 1 and 39.1 Acres for Zone 2. The first priority of Exempt Property shall be up to 12.5 acres in Zone 1 owned by a school district. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 69.2 Acres for Zone 1 and 39.1 Acres for Zone 2. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 69.2 Acres for Zone 1 and 39.1 Acres for Zone 2 will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes pursuant to Step Five in Section F. SECTION K APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of Improvement Area D shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of levy), but an adjustment shall be made to the Annual Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 13 Page 20 of 22 SECTION L MANNER OF COLLECTION The Annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area D may collect Annual 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. SECTION M APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the CFD Administrator's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of levy), but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). 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 residents appeals. Any decision of the City Council shall be final and binding as to all persons. City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 14 Page 21 of 22 EXHIBIT "A" CITY OF LAKE ELSINORE AND CFD NO. 2003-2 CERTIFICATE 1. Pursuant to Section C of the Rate and Method of Apportionment of Special Tax (the "RMA "), the City of Lake Elsinore (the "City ") and Community Facilities District No. 2003- 2 of the City of Lake Elsinore ( "CFD No. 2003 -2 ") hereby agree to a reduction in the Maximum Special Tax within Improvement Area D: (a) The information in the RMA relating to the Maximum Special Tax for Developed Property and/or Undeveloped Property within Improvement Area D shall be modified as follows: [insert Table 1 showing effective change to special tax rates and /or insert change to special tax rates for Undeveloped Property] 2. Table 1 and special tax rates for Undeveloped Property may only be modified prior to the issuance of Bonds. 3. Upon execution of the Certificate by the City and CFD No. 2003 -2 the City shall cause an amended Notice of Special Tax Lien for Improvement Area 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 Improvement Area D of CFD No. 2003 -2, receipt of this Certificate and modification of the RMA as set forth in this Certificate. CITY OF LAKE ELSINORE By: Date: CFD Administrator IMPROVEMENT AREA D OF COMMUNITY FACILITIES DISTRICT NO. 2003 -2 OF THE CITY OF LAKE ELSINORE By: Date: City of Lake Elsinore June 30, 2009 Community Facilities District No. 2003 -2 Improvement Area D CC July 14, 2009 Item No. 8 Page 15 Page 22 of 22