HomeMy WebLinkAboutOrd. No. 2006-1203
ORDINANCE NO. 1203
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE AUTHORIZING THE LEVY OF A
SERVICES SPECIAL TAX AND A SPECIAL TAX
WHEREAS, on October 10, 2006, the City Council (the "Council") of the
City of Lake Elsinore (the "City") adopted Resolution No. 2006-195 stating its
intention to form the City of Lake Elsinore Community Facilities District No.
2006-8 (Running Deer Estates ) (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, on October 10, 2006, the Council also adopted Resolution No.
2006-196 stating its intention and the necessity to incur bonded indebtedness in the
amount not to exceed $7,000,000 to be issued for the purpose of financing the
purchase, construction, expansion or rehabilitation of the Facilities; and
WHEREAS, notice was published as required by law relative to the
intention of the Council to form the CFD and to incur bonded indebtedness in the
amount not to exceed $7,000,000 within the boundaries of the CFD; and
WHEREAS, on November 28, 2006, this Council held a noticed public
hearing as required by law relative to the determination to proceed with the
formation of the CFD, the rate and method of apportionment and manner of
collection of the special tax to be levied within the CFD to pay for the Services and
the rate and method of apportionment and manner of collection of the special tax to
be levied within the CFD to pay the principal and interest on the proposed bonded
indebtedness 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
CITY COUNCIL ORDINANCE NO. 1203
Page 2 of 4
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the formation of the CFD and the incurring of bonded indebtedness
by the CFD were heard and a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-195 determining the validity of prior proceedings and established the CFD;
and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-196 which called an election within the CFD for November 28, 2006 on the
proposition of incurring bonded indebtedness, levying a special tax and setting an
appropriations limit; and
WHEREAS, on November 28, 2006, an election was held within the CFD
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 DOES
ORDAIN AS FOLLOWS:
SECTION 1. A special tax (the "Services Special Tax") is levied within the
boundaries 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 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".
CITY COUNCIL ORDINANCE NO. 1203
Page 3 of 4
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. 2006-195
(Resolution of Formation).
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 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. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstance shall be held
invalid, such invalidity shall not affect the other provisions of this Ordinance and
are hereby declared to be severable.
SECTION 7. 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 8. 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.
CITY COUNCIL ORDINANCE NO. 1203
Page 4 of 4
INTRODUCED AND APPROVED UPON FIRST READING this 28th
day of November, 2006, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCIllFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this lih day of December, 2006, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, IllCKMAN, KELLEY,
SCIllFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
Robert Magee, ayor
City of Lake sinore
ATTEST:c/
'~R
Frederick ay, City Clerk
City of Lake Elsinore
B rbara Zeid ibold, City Attorney
City of Lake Elsinore
RATE AND METHOD OF APPORTIONMENT FOR CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-8
(RUNNING DEER ESTATES)
The following sets forth the Rate and Method of Apportionment for the levy and collection of
Special Taxes in the City of Lake Elsinore Community Facilities District No. 2006-8 (Running Deer
Estates) ("CFD No. 2006-8"). The Special Tax shall be levied on and collected in CFD No. 2006-8
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 CFD No. 2006-8 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 an Assessor's Parcel Map, the land area shown on the
applicable final map, parcel map, condominium plan, or other recorded County parcel map or
instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5,
Part I of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly
related to the administration of CFD No. 2006-8: the costs of computing the Special Taxes and
preparing the 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 for Facilities to the Trustee; the costs of the Trustee (including legal counsel) in the
discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2006-8 or
any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No.
2006-8 or any designee thereof of complying with disclosure requirements of the City, CFD No.
2006-8 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. 2006-8 or any designee thereof
related to an appeal ofthe Special Tax; the costs associated with the release offunds from an escrow
account; and the City's annual administration fees and third party expenses. Administration
Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or
CFD No. 2006-8 for any other administrative purposes ofCFD No. 2006-8, including attorney's fees
and other costs related to commencing and pursuing to completion any foreclosure of delinquent
Special Taxes.
"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 st 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 May 1 st
preceding the Fiscal Year in which the Special Tax is being levied.
City of Lake Elsinore
Community Facilities District No. 2006-8 (Running Deer Estates)
September 29, 2006
Page I
"Assessor's Parcel" means a lot or parcel ofland 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 ofthe 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 Special Tax for Facilities" means the Special Tax of that name described in Section D
below.
"Backup Special Tax for Facilities" 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 for Facilities within CFD No. 2006-8 have been pledged.
"Building Square Footage" or "BSF" means the square footage of assessable intemalliving 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 for Facilities, (ii) determining the Special Tax
Requirement for Services, as defined in Section L, as applicable, and (iii) providing for the levy and
collection of the Special Taxes.
"CFD No. 2006-8" means Community Facilities District No. 2006-8 (Running Deer Estates)
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. 2006-8, or its designee.
"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 I st preceding the Fiscal Year in which the Special
Tax is being levied, and (ii) a building permit for new construction was issued on or before May 1st
preceding the Fiscal Year in which the Special Tax is being levied.
City of Lake Elsinore
Community Facilities District No. 2006-8 (Running Deer Estates)
September 29, 2006
Page 2
"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.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to
which Bonds are issued, as modified, amended and/or supplemented from time to time, and any
instrument replacing or supplementing the same.
"Land Use Type" means any of the types listed in Table 1 of Section D.
"Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined
in accordance with Section C that can be levied by CFD No. 2006-8 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 Special Tax
for Facilities obligation for an Assessor's Parcel, as described in Section H.
"Prepayment Amount" means the amount required to prepay the Special Tax for Facilities
obligation in full for an Assessor's Parcel, as described in Section G.
"Proportionately" means that the ratio of the actual Special Tax for Facilities levy to the applicable
Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels. In case of
Developed Property subject to the apportionment of the Special Tax for Facilities under step four of
Section F, "Proportionately" in step four means that the quotient of (a) actual Special Tax for
Facilities less the Assigned Special Tax for Facilities divided by (b) the Backup Special Tax for
Facilities less the Assigned Special Tax for Facilities, 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.
"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.
"Special Tax" means any ofthe special taxes authorized to be levied CFD No. 2006-8 pursuant to
the Act.
City of Lake Elsinore
Community Facilities District No. 2006-8 (Running Deer Estates)
September 29, 2006
Page 3
"Special Tax for Facilities" means any of the special taxes authorized to be levied within CFD No.
2006-8 pursuant to the Act to fund the Special Tax Requirement for Facilities.
"Special Tax Requirement for Facilities" 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, (v) an amount equal to any anticipated
shortfall due to Special Tax for Facilities delinquencies in the prior Fiscal Year, and (vi) the
collection or accumulation of funds for the acquisition or construction of facilities authorized by
CFD No. 2006-8 provided that the inclusion of such amount does not cause an increase in the levy of
Special Tax for Facilities on Undeveloped Property as set forth in Step Three of Section F., less (vii)
any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the
Indenture.
"Taxable Property" means all Assessor's Parcels within CFD No. 2006-8, which are not Exempt
Property .
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property, which are not
Developed Property, Approved Property, or Provisional Undeveloped Property.
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2007-08, each Assessor's Parcel within CFD No.
2006-8 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. Additionally, each Assessor's Parcel
of Developed Property shall further be classified as Residential Property or Non-Residential
Property, and each Assessor's Parcel of residential Property shall be assigned to its appropriate
Assigned Special Tax for Facilities rate based on its Building Square Footage.
SECTION C
MAXIMUM SPECIAL TAX FOR FACILITIES
1. Developed Propertv
The Maximum Special Tax for Facilities for each Assessor's Parcel of residential Property in
any Fiscal Year shall be the greater of (i) the Assigned Special Tax for Facilities or (ii) the
Backup Special Tax for Facilities.
Prior to the issuance of Bonds, the Assigned Special Tax for Facilities 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 of Lake Elsinore September 29, 2006
Community Facilities District No. 2006-8 (Running Deer Estates)
Page 4
City Council, 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
for Facilities 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 for Facilities on Developed Property it may be necessary to reduce
the Maximum Special Tax for Facilities 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 subs~antially the form
attached hereto as Exhibit "A".
2. Multiple Land Use Tvpe
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's Parcel
shall be the sum ofthe Maximum Special Tax for Facilities for all Land Use Types located
on the Assessor's Parcel. The CFD Administrator's allocation to each type of property shall
be final.
3. Approved Property. Undeveloped Property and Provisional Undeveloped Property
The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Approved
Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year
shall be the applicable Assigned Special Tax for Facilities.
SECTION D
ASSIGNED SPECIAL TAX FOR FACILITIES
1. Developed Property
Each Fiscal Year, each Assessor's Parcel of Single Family Property or Non-Residential
Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special
Tax for Facilities applicable to an Assessor's Parcel of Developed Property for Fiscal Year
2007-08 shall be determined pursuant to Table 1 below.
TABLE 1
ASSIGNED SPECIAL TAX FOR FACILITIES RATES
FOR DEVELOPED PROPERTY FOR FISCAL YEAR 2007-08
Buildin S uare Foota e
Greater than 3,300
3,001 - 3,300
2,701 - 3,000
2,401 - 2,700
Less than 2,401
N/A
$4,510
$4,361
$4,112
$3,814
Unit
Unit
Unit
Unit
Unit
City of Lake Elsinore
Community Facilities District No. 2006-8 (Running Deer Estates)
September 29, 2006
Page 5
2. Approved Propertv. Undeveloped Propertv and Provisional Undeveloped Propertv
Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and
Provisional Undeveloped Property shall be subject to an Assigned Special Tax for Facilities.
The Assigned Special Tax for Facilities rate for an Assessor's Parcel classified as Approved
Property, Undeveloped Property and Provisional Undeveloped Property for Fiscal Year
2007-08 shall be $25,065 per Acre.
3. Increase in the Assie:ned Special Tax for Facilities
On each July 1, commencing July 1,2008, the Assigned Special Tax for Facilities 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 SPECIAL TAX FOR FACILITIES
At the time a Final Map is recorded, the Backup Special Tax for Facilities for all Assessor's Parcels
of Developed Property classified or reasonably expected to be classified as a Residential Property
within such Final Map area shall be determined by (i) multiplying (a) the Maximum Special Tax for
Facilities rate for Undeveloped Property by (b) the total Acreage of Taxable Property in such Final
Map area, excluding Acreage classified as Provisional Undeveloped Property, Acreage classified or
reasonably expected to be classified as Non-Residential 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 Residential Property Units reasonably expected to be constructed within
such Final Map area. The resulting quotient shall be the Backup Special Tax for Facilities for each
Assessor's Parcel of Residential Property within such Final Map area.
The Backup Special Tax for Facilities shall not apply to Non-Residential Property.
Notwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified or
to be classified as Residential Property are subsequently changed or modified by recordation of a lot
line adjustment or similar instrument, then the Backup Special Tax for Facilities for the area that has
been changed or modified shall be recalculated, based on the methodology above, to equal the
amount of Backup Special Tax for Facilities that would have been generated if such change did not
take place.
On each July 1, commencing July 1, 2008, the Backup Special Tax for Facilities rate shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year
City of Lake Elsinore
Community Facilities District No. 2006-8 (Running Deer Estates)
September 29, 2006
Page 6
SECTION F
METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES
Commencing Fiscal Year 2007-08 and for each subsequent Fiscal Year, the City Council shall levy
Special Taxes for Facilities on all Taxable Property in accordance with the following steps:
Step One: The Special Tax for Facilities shall be levied Proportionately on each Assessor's
Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax
for Facilities rates in Table 1 to satisfy the Special Tax Requirement for Facilities.
Step Two: If additional moneys 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 Approved Property at up to 100% of the
Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as
needed to satisfy the Special Tax Requirement for Facilities.
Step Three: Ifadditional moneys are needed to satisfy the Special Tax Requirement for Facilities
after the first two steps have been completed, the Special Tax for Facilities shall be
levied Proportionately on each Assessor's Parcel of Undeveloped Property up to
100% of the Maximum Special Tax for Facilities applicable to each such Assessor's
Parcel as needed to satisfy the Special Tax Requirement for Facilities.
Step Four: Ifadditional moneys are needed to satisfy the Special Tax Requirement for Facilities
after the first three steps have been completed, then the Special Tax for Facilities on
each Assessor's Parcel of Developed Property whose Maximum Special Tax for
Facilities is the Backup Special Tax for Facilities shall be increased Proportionately
from the Assigned Special Tax for Facilities up to 100% ofthe Backup Special Tax
for Facilities as needed to satisfy the Special Tax Requirement for Facilities.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities
after the first four steps have been completed, the Special Tax for Facilities shall be
levied Proportionately on each Assessor's Parcel of Provisional Undeveloped
Property up to 100% ofthe Maximum Special Tax for Facilities applicable to each
such Assessor's Parcel as needed to satisfy the Special Tax Requirement for
Facilities.
Notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against
any Assessor's Parcel of Residential Property for which an occupancy permit for private residential
use has been issued be increased by more than ten percent as a consequence of delinquency or default
by owner of any other Assessor's Parcel within CFD No. 2006-8.
City of Lake Elsinore
Community Facilities District No. 2006-8 (Running Deer Estates)
September 29, 2006
Page 7
SECTION G
PREP A YMENT OF SPECIAL TAX FOR FACILITIES
The following additional definitions apply to this Section G:
"CFD Public Facilities" means $5,100,000 expressed in 2006 dollars, which shall increase by the
Construction Inflation Index on July 1,2007, 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 CFD No. 2006-8, 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 for Facilities 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 CFD No. 2006-8.
"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 for Facilities 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 Special Taxes for Facilities.
The Special Tax for Facilities 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 for Facilities
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 Special Tax for Facilities obligation shall
provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of
such notice the CFD Administrator shall notify such owner of the Prepayment Amount of 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
City of Lake Elsinore
Community Facilities District No. 2006-8 (Running Deer Estates)
September 29, 2006
Page 8
redemption of Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to
the Indenture.
The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the
following formula (capitalized terms defined below):
plus
plus
plus
plus
less
less
equals
Bond Redemption Amount
Redemption Premium
Future Facilities Amount
Defeasance Cost
Administrative Fee
Reserve Fund Credit
Capitalized Interest Credit
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
Special Tax for Facilities and Backup Special Tax for Facilities, if any,
applicable to the Assessor's Parcel. For an Assessor's Parcel of Approved
Property or Undeveloped Property, compute the Assigned Special Tax for
Facilities and the Backup Special Tax for Facilities as though it 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 Special Tax for
Facilities 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, ( a)
divide the Assigned Special Tax for Facilities computed pursuant to
paragraph 1 for such Assessor's Parcel by the sum ofthe estimated Assigned
Special Tax for Facilities applicable to all Assessor's Parcels of Taxable
Property at build out, as reasonably determined by the City, and (b) divide the
Backup Special Tax for Facilities computed pursuant to paragraph 1 for such
Assessor's Parcel by the sum of the estimated Backup Special Tax for
Facilities applicable to all Assessor's Parcels of Taxable Property at build
out, as reasonably determined by the City.
3. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) 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. "
City of Lake Elsinore
Community Facilities District No. 2006-8 (Running Deer Estates)
September 29, 2006
Page 9
5. Compute the Future Facilities Cost.
6. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by
the amount determined pursuant to paragraph 5 to determine the Future
Facilities Cost to be prepaid (the "Future Facilities Amount").
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
redemption date for the Outstanding Bonds.
8. Determine the actual Special Tax for Facilities levied on the Assessor's
Parcel in the current Fiscal Year which has not yet been paid.
9. Estimate the amount of interest earnings to be derived from the reinvestment
of the Bond Redemption Amount plus the Redemption Premium until the
earliest redemption date for the Outstanding Bonds.
10. Add the amounts computed pursuant to paragraph 7 and 8 and subtract the
amount computed pursuant to paragraph 9. This difference is the
"Defeasance Cost."
11. 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."
12. 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 O.
13. If any capitalized interest for the Outstanding 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 2(a) or 2(b) by the expected balance in the capitalized
interest fund or account under the Indenture after such first interest and/or
principal payment. This amount is the "Capitalized Interest Credit."
City of Lake Elsinore
Community Facilities District No. 2006-8 (Running Deer Estates)
September 29, 2006
Page 10
14. The Prepayment Amount is equal to the sum of the Bond Redemption
Amount, the Redemption Premium, the Future Facilities Amount, the
Defeasance Cost, and the Administrative Fee, less the Reserve Fund Credit
and the Capitalized Interest Credit.
15. From the Prepayment Amount, the amounts computed pursuant to paragraphs
3, 4, 10, 12, and 13 shall be deposited into the appropriate fund as established
under the 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 11 shall be retained by CFD No. 2006-8.
The Special Tax for Facilities prepayment amount may be insufficient to redeem a full $5,000
increment of 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 Bonds or to make debt service payments.
With respect to a Special Tax for Facilities obligation that is prepaid pursuant to this Section G, the
City Council shall indicate in the records ofCFD No. 2006-8 that there has been a prepayment of the
Special Tax for Facilities 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 for Facilities obligation 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 such Special Taxes for
Facilities shall cease.
Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax for
Facilities 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 PREP A YMENT OF SPECIAL TAX FOR FACILITIES
The Special Tax for Facilities 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 for Facilities obligation would be prepaid.
The Partial Prepayment Amount shall be calculated according to the following formula:
PP = (Po-A) x F + A
The terms above have the following meanings:
PP = the Partial Prepayment Amount.
City of Lake Elsinore
Community Facilities District No. 2006-8 (Running Deer Estates)
September 29, 2006
Page 11
Pa = 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 for Facilities obligation.
A = the Administrative Fee calculated according to Section G.
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, and (ii) indicate in the
records ofCFD No. 2006-8 thatthere has been a partial prepayment of the Special Tax for Facilities
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 for Facilities obligation to indicate
the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax for Facilities
shall cease.
Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special
Tax for Facilities 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.
SECTION I
TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding, the Special Tax for Facilities shall be levied on
all Assessor's Parcels subject to the Special Tax for Facilities. The Special Tax for Facilities shall
cease not later than the 2041-42 Fiscal Year, however, the Special Taxes 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. 2006-8 Bonds have been paid; (ii) all authorized
facilities for CFD No. 2006-8 have been acquired and all reimbursements to the developer have been
paid, (iii) no delinquent Special Taxes for Facilities remain uncollected and (iv) all other obligations
ofCFD No. 2006-8 have been satisfied.
SECTION J
EXEMPTIONS
The City shall classify as Exempt Property, in order of priority, (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
City of Lake Elsinore
Community Facilities District No. 2006-8 (Running Deer Estates)
September 29, 2006
Page 12
encumbered by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to 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 16.25 Acres.
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 16.25 Acres.
Assessor's Parcels which cannot be classified as Exempt Property because such classification would
reduce the Acreage of all Taxable Property to less than 16.25 Acres will be classified as Provisional
Undeveloped Property, and will be subject to Special Taxes pursuant to Step Five in Section F.
SECTION K
MANNER OF COLLECTION OF SPECIAL TAX FOR FACILITIES
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. 2006-8 may collect Special Taxes for
Facilities 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 L
SPECIAL TAX FOR SERVICES
The following additional definitions apply to this Section L:
"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. 2006-8 in any Fiscal Year on any Assessor's Parcel.
"Operating Fund" means a fund that shall be maintained for CFD No. 2006-8 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 parks, open space, and storm drains.
City of Lake Elsinore
Community Facilities District No. 2006-8 (Running Deer Estates)
September 29, 2006
Page 13
"Special Tax for Services" means any of the special taxes authorized to be levied within CFD No.
2006-8 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. 2006-8 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) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services
based on the delinquency rate in CFD No. 2006-8 for the previous Fiscal Year, 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 Fiscal Year 2007-2008 and for each subsequent Fiscal Year, the City Council shall
levy Special Taxes 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.
The Maximum Special Tax for Services for Fiscal Year 2007-2008 shall be $251.78 per
Developed Single Family Unit, $125.89 per Developed Multifamily Unit, and $567.02 per Acre
for each Assessor's Parcel of Non-Residential Property.
On each July 1, commencing July 1, 2008, 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. 2006-8 may collect the
Special Tax for Services at a different time or in a different manner if necessary to meet its
funding requirements.
SECTION M
APPEALS
Any property owner claiming that the amount or application ofthe 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
City of Lake Elsinore September 29,2006
Community Facilities District No. 2006-8 (Running Deer Estates)
Page 14
property owner, a cash refund shall not be made (except for the last year oflevy), 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
Community Facilities District No. 2006-8 (Running Deer Estates)
September 29, 2006
Page 15
EXHIBIT" A"
CITY OF LAKE ELSINORE AND CFD NO. 2006-8 CERTIFICATE
1. Pursuant to Section _ of the Rate and Method of Apportionment of Special Tax (the
"RMA"), the City of Lake Elsinore (the "City") and Community Facilities District No. 200&-8
of the City of Lake Elsinore ("CFD No. 200&-8") hereby agree to a reduction in the Maximum
Special Tax for Facilities for Developed Property within CFD No. 2006-8:
(a) The information in Table 1 relating to the Maximum Special Tax for Facilities for
Developed Property and/or Undeveloped Property within CFD No. 2006-8 shall be
modified as follows:
2. Table 1 may only be modified prior to the issuance of Bonds.
3. Upon execution of the Certificate by the City and CFD No. 2006-8 the City shall cause an
amended Notice of Special Tax Lien for CFD No. 2006-8 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. 2006-8, receipt of this Certificate and modification of the RMA as set forth in this Certificate.
CITY OF LAKE ELSINORE
By:
CFD Administrator
Date:
COMMUNITY FACILITIES DISTRICT NO. 2006-8
OF THE CITY OF LAKE ELSINORE
By:
Date:
City of Lake Elsinore
Community Facilities District No. 2006-8 (Running Deer Estates)
September 29, 2006
Page 16