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HomeMy WebLinkAboutID# 15-845 Ordinance No. 2015-1347 Cancelling Facilities Special Taxes Area B CFD 2005-2 (Alberhill Ranch)C: I TY o t= .. LADE .,t LSII` QRE DREAM f:XTI;G,M REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES, CITY MANAGER DATE: December 8, 2015 SUBJECT: Cancellina Facilities Snerial Taxes within Imnrnvamanf Gran R Recommendation Waive further reading and introduce by title only: ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CEASING THE FACILITIES SPECIAL TAX OBLIGATION WITHIN IMPROVEMENT AREA B OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005 -2 (ALBERHILL RANCH) AND ORDERING THE RECORDATION OF A NOTICE OF CESSATION OF SPECIAL TAX LIEN WITHIN IMPROVEMENT AREA B AND AMENDING ORDINANCE NO. 1163 TO REPEAL THE AUTHORITY OF THE DISTRICT TO LEVY FACILITIES SPECIAL TAXES Background On July 12, 2005, the City of Lake Elsinore (the "City ") adopted Resolution No. 2005 -62 stating its intention to form the City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) ( "the CFD "), at which time the City designated Improvement Area A, Improvement Area B, and Improvement Area C within the CFD. On September 13, 2005, the City Council adopted Resolution No. 2005 -138 determining the validity of prior proceedings and establishing the CFD. The City Council adopted Ordinance No. 1163 on September 27, 2005, authorizing the levy of a services special tax and a facilities special tax within the boundaries of the CFD in amounts necessary to pay the costs of providing services, fees, and facilities, periodic costs, and costs of the tax levy and collection, and all other costs including amounts payable with respect to the bonded indebtedness. On September 26, 2005, a Notice of Special Tax Lien for a facilities special tax (Document No. 2005 - 0793367) and a Notice of Special Tax Lien for a services special tax (Document No. 2005- 0793368) were recorded against the property in Improvement Area B. The Notice of Special Tax Lien for a facilities special tax was amended on May 242 2006 (Document No. 2006- 0376993) and June 23, 2006 (Document No. 0456005) only as to the facilities special taxes Cessation of Facilities Special Tax within Improvement Area B of CFD No. 2005 -2 (Alberhill) December 8, 2015 Page 2 within Improvement Area B and Improvement Area C. The CFD has not levied any special taxes within Improvement Area B, nor have bonds have been issued for Improvement Area B. The record owner of the property within Improvement Area B is Castle & Cooke Alberhill Ranch, LLC. which California limited liability company has merged with Castle & Cooke Alberhill Homebuilding, Inc. ( "Castle & Cooke "). Discussion By letter dated May 20, 2015, Castle & Cooke notified the City that it will not be requesting the issuance of bonds to finance public facilities for Improvement Area B because the construction such public facilities will be funded through other sources and requesting the cancellation of the facilities special tax in Improvement Area B. The Mello -Roos Community Facilities Act of 1982 (the "Act ") allows the City to cancel a special tax if no bonds have been issued and the District is not otherwise required to pay any outstanding debt for the Improvement Area. Cancellation of the facilities special tax and extinguishment of lien is also authorized pursuant to Section 2.3 of the Funding, Construction and Acquisition Agreement (the "Funding Agreement ") entered into as of October 1, 2005 between the City, the CFD, and Castle & Cooke. Upon the extinguishment of the facilities special tax of Improvement Area B, the CFD will no longer be authorized to levy facility special taxes on the property within Improvement Area B. Facilities will be funded by other sources. Upon approval of the attached Ordinance by the City Council as legislative body for the CFD, the City Clerk will file a Notice of Cessation of Special Tax Lien for the facilities special tax in Improvement Area B. This would terminate the lien on property in Improvement Area B with regard to the CFD's facilities special taxes. Additionally, Ordinance No. 1163 would be amended to repeal the District's authority to levy facilities special taxes in Improvement Area B. The Special Tax Lien for a services special tax against the property in Improvement Area B is not affected by the proposed action. Fiscal Impact None. Castle & Cooke Alberhill Ranch will cover all costs associated with the extinguishment of facilities special taxes within Improvement Area B of CFD No. 2005 -2. Attachments 1. Ordinance No. 1163 extinguishing the facilities special; tax within Improvement Area B of CFD No. 2005 -2. 2. Letter from Castle & Cooke Alberhill Ranch, dated May 20, 2015. 3, Funding, Construction and Acquisition Agreement 4. Acknowledgement & Waiver 5. Form Notice of Cessation of Lien ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CEASING THE FACILITIES SPECIAL TAX OBLIGATION WITHIN IMPROVEMENT AREA B OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005 -2 (ALBERHILL RANCH) AND ORDERING THE RECORDATION OF A NOTICE OF CESSATION OF SPECIAL TAX LIEN WITHIN IMPROVEMENT AREA B AND AMENDING ORDINANCE NO. 1163 TO REPEAL THE AUTHORITY OF THE DISTRICT TO LEVY FACILITIES SPECIAL TAXES. WHEREAS, in 2005, the City Council (the "City Council ") of the City of Lake Elsinore (the "City ") initiated proceedings pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Mello -Roos Act "), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53111 of the California Government Code, to form a community facilities district designated as Community Facilities District No. 2005 -2 (Alberhill Ranch) of the City of Lake Elsinore (the "CFD ") and designated three improvement areas therein designated as Improvement Area A ( "Improvement Area A "), Improvement Area B ( "Improvement Area B "), and Improvement Area C ( "Improvement Area C "), and WHEREAS, on September 13, 2005, the City Council adopted Resolution No. 2005 -138 (the "Resolution of Formation ") determining the validity of prior proceedings and establishing the CFD and designating Improvement Area A, Improvement Area B, and Improvement Area C therein; and WHEREAS, on September 27, 2005, The City Council adopted Ordinance No. 1163 authorizing the levy of a services special tax and a facilities special tax within the boundaries of the CFD in amounts necessary to pay all of the costs of providing services, fees, and facilities, periodic costs, and costs of the tax levy and collection, and all other costs including amounts payable with respect to the bonded indebtedness; and WHEREAS, Improvement Area B was formed for the purpose of financing (a) certain maintenance costs, (b) certain facilities to be owned by the City, and (c) certain fees required to be paid to the City to finance public works, drainage, transportation and local facilities; and WHEREAS, the Resolution of Formation authorized the levy of special taxes commencing in Fiscal Year 2006 -07, to finance the Services, Facilities, and /or to pay debt service on bonds authorized to be issued for Improvement Area B of the CFD for such purposes; and WHEREAS, a Notice of Special Tax Lien for a facilities special tax was recorded in the office of the Assessor, County Clerk, and Recorder of the County of Riverside against property in Improvement Area B on September 26, 2005, as Document No. 2005 - 0793367. A Notice of Special Tax Lien for a services special tax was recorded against the property in Improvement Area B on September 26, 2005, as Document No, 2005 - 0793368. On May 24, 2006 as Document No. 2006 - 0376993 and on June 23, 2005 as Document No. 2006 - 0456005, the Notice of Special Tax Lien for a facilities special tax was subsequently amended only as to the facilities special taxes within Improvement Area B and Improvement Area C; and WHEREAS, no bonds have been issued by the CFD with respect to Improvement Area B; and WHEREAS, on May 20, 2015, the current owner of all of the property within Improvement Area B of the CFD, Castle & Cooke Alberhill Ranch, LLC, a California limited liability company, now merged into Castle & Cooke Alberhill Home Building, Inc, a California corporation (the "Owner "), submitted a letter to the City in which it: a. notified the City that Owner will not be requesting the issuance of bonds to finance the construction of public facilities for Improvement Area B because the construction of any public facilities in the Improvement Area B will be funded through other sources; b. requested the CFD prepare and record the Notice of Cancellation for Improvement Area B as contemplated by Section 2.3 of the Funding, Construction and Acquisition Agreement entered into as of October 1, 2005 between the City and Castle & Cooke for the facilities Special Tax; c. Acknowledged that the request is not intended to impact any services special taxes related to ongoing maintenance that may otherwise be applicable to Improvement Area B; and WHEREAS, on 2015, Owner submitted an Acknowledgement and Waiver in which Owner: a. voluntarily and knowingly waives its rights, if any, to have the cost of the Facilities, or any portion thereof, paid on behalf of the Owner or reimbursed to the Owner by the City, the CFD, or both of them, from the proceeds of bonds or special taxes; b. voluntarily and knowingly waives the obligation, if any, of the City, the CFD, or both of them, to issue bonds or levy facilities special taxes within Improvement Area B of CFD No. 2005 -2, such as contemplated by the Special Tax Lien for facilities special taxes recorded as Document No. 2005 - 0793367 as amended by Document No. 2006 - 0376993 and Document No. 2006 - 0456005, recorded in the records of the office of the Assessor, County Clerk, and the Recorder of the County of Riverside, State of California; c. voluntarily and knowingly waives any protest, complaint, or legal action of any nature whatsoever against the City, the CFD, or both of them, pertaining to the cessation of facilities special taxes and cancellation of Special Tax Lien, the failure to issue bonds or levy special taxes; and d. acknowledges and understands that the making of this request does not in any way whatsoever absolve, terminate, extinguish, reduce, or otherwise modify the obligation of the Owner or any successor or assign of the Owner, as the owner of all property in Improvement Area B of CFD No. 2005 -02, with respect to the construction of public facilities and the payment for services required by the City or any other public agency as a condition of approval of the development of the Owner's property within CFD No. 2005 -2. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct, and are incorporated herein as if set forth in full. SECTION 2. Findings. The City Council acting as the legislative body of the CFD hereby finds and determines that: A. No bonds have been issued by the District on behalf of Improvement Area B and the District is not obligated to pay any outstanding debt on behalf of Improvement Area B; B. The Facilities Special Tax is no longer needed to pay principal and interest on debt incurred in order to construct facilities under the authority of the Mello -Roos Act, and, based on the Request, is no longer needed to pay for the construction of facilities authorized by the Mello -Roos Act; and C. Accordingly, the facilities Special Tax shall cease to be levied within Improvement Area B and the District has no authorization to levy any special tax with regards to construction of facilities on behalf of Improvement Area B. D. The Services Special Tax and the lien imposed by the Notice of Special Tax Lien, Document No. 2005 - 0793368, recorded in the records of the office of the Assessor, County Clerk, and the Recorder of the County of Riverside, State of California, remains in full force and effect and is unchanged by this Ordinance. SECTION 3.Cessation of Facilities Special Tax. A. The City Council hereby extinguishes the Special Tax for facilities special taxes in Improvement Area B of CFD No. 2005 -2 pursuant to Government Code Section 53330.5. B. The City Clerk is ordered to record or cause the recording of a Notice of Cessation of Special Tax pursuant to Government Code Section 53330.5, which shall state that the obligation to pay the special tax has ceased and that the lien imposed by the Notice of Special Tax Lien recorded as Document No. 2005 - 0793367, as amended by Document No. 2006 - 0376993 and Document No. 2006 - 0456005, in the records of the office of the Assessor, County Clerk, and the Recorder of the County of Riverside, State of California, is extinguished. The Notice of Cessation of Special Tax shall additionally identify the book and page of the Book of Maps of Assessment and Community Facilities Districts wherein the map of the boundaries of the district is recorded. C. Ordinance No. 1163 is hereby amended to repeal the authority of the District to levy facilities special taxes within Improvement Area B of the District. Ordinance No. 1163 shall otherwise remain unchanged. Nothing herein shall affect the authorization to levy special taxes within Improvement Area A or Improvement Area C. SECTION 4. Severability. If any provision, clause, sentence or paragraph of this Ordinance 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 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this _ day of Mayor Steve Manos ATTEST: Susan Domen, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney 2015 CITY OF LAKE ELSINORE, COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH) IMPROVEMENT AREA B - REQUEST FOR AND CONSENT TO EXTINGUISHMENT OF FACILITIES SPECIAL TAX WAIVER AND ACKNOWLEDGMENT THIS WAIVER AND ACKNOWLEDGMENT ( "Waiver ") is made this day of 2015 by Castle & Cooke Alberhill Ranch, LLC, a California limited liability company which has merged into Castle & Cooke Alberhill Home Building, Inc, a California corporation, which as the surviving entity is hereafter referred to as "Owner" to and for the benefit of the City Council of the City of Lake Elsinore ( "City ") acting as the legislative body of Community Facilities District No. 2005 -2 (Alberhill Ranch) (District "). RECITALS WHEREAS, by letter dated May 20, 2015, Owner notified City that it will not be requesting the issuance of bonds to finance the construction of public facilities for Improvement Area B of the District because the construction of public facilities in Improvement Area B will be funded through other sources; and WHEREAS, Owner further requested the extinguishment of facilities special taxes in Improvement Area B, and WHEREAS, upon the extinguishment of the facilities special tax of Improvement Area B, the District will no longer be authorized to levy facility special taxes on the property within Improvement Area B. NOW, THEREFORE, the undersigned on behalf of Owner, does hereby certify under penalty of perjury, that the following statements are all true and correct: 1. Castle & Cooke Alberhill Ranch, LLC, a California limited liability company, has merged out of existence in California into another business entity. Castle & Cooke Alberhill Home Building, Inc, a California corporation is the surviving entity and is hereafter referred to as "Owner ". Owner is the owner of that certain real property identified as Improvement Area B located within City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) ( "CFD No. 2005 -2 ") and depicted in Attachment A attached hereto and incorporated herein by this reference ( "Owner's Property "). 2. Owner has been informed and is aware of and understands that: a. In 2005 the City Council of the City of Lake Elsinore (the "City ") initiated proceedings pursuant to the Mello Roos Community Facilities Act of 1982, as amended (California Government Code Section 53311 and following) (the "Mello -Roos Act ") to form CFD No. 2005 -2, which included Improvement Area B described in Attachment A. b. Improvement Area B of CFD No. 2005 -2 is authorized to levy special taxes (the "Special Taxes ") within its boundaries pursuant to the rate and method of apportionment thereof as set forth in the Notice of Special Tax Lien (Document No. 2005- 0793367) and Amendment No. I to Notice of Special Tax Lien (Document No. 2006- 0376993 and Document No. 2006- 0456005) attached as Attachment B hereto (collectively, the "Notice of Special Tax Lien ") and to issue bonds secured by the levy of such Special Taxes for the purpose of financing certain facilities (the "Facilities "). The Facilities Special Taxes have, however, never been levied within Improvement Area B of CFD No. 2005 -2 and bonds secured by such special taxes have never been issued. 3. Owner, on behalf of itself and its successors and /or assigns, hereby irrevocably requests that the City extinguish the Facilities Special Tax in Improvement Area B of CFD No. 2005 -2 and any liens established by the recordation of the Notice of Special Tax Lien (the "Cancellation Request "). Owner, on behalf of itself and its successor and /or assigns, acknowledges and agrees that the special tax lien for services special tax (Notice of Special Tax Lien Document No. 2005- 0793368) against the Owner Property in Improvement Area B is unaffected by Owner's request and shall remain a valid lien against Owner's Property. 4. In making the Cancellation Request, the Owner, on behalf of itself and its successor and /or assigns: a. Voluntarily and knowingly waives its rights, if any, to have the cost of the Facilities, or any portion thereof, paid on behalf of the Owner or reimbursed to the Owner by the City, the District, or both of them, from the proceeds of bonds or special taxes; b. Voluntarily and knowingly waives the obligation, if any, of the City, the District, or both of them, to issue bonds or levy facilities special taxes within Improvement Area B of CFD No. 2005 -2, such as contemplated by the Special Tax Lien for facilities special taxes recorded as Document No. 2005- 0793367 and amended by Document No. 2006 - 0376993 and Document No. 2006 - 0456005, recorded in the records of the office of the Assessor, County Clerk, and the Recorder of the County of Riverside, State of California; C. Voluntarily and knowingly waives any protest, complaint, or legal action of any nature whatsoever against the City, the District, or both of them, pertaining to the cessation of facilities special taxes and cancellation of Special Tax Lien, the failure to issue bonds or levy special taxes; and d. Acknowledges and understands that the making of this request does not in any way whatsoever absolve, terminate, extinguish, reduce, or otherwise modify the obligation of the Owner or any successor or assign of the Owner, as the owner of all property in Improvement Area B of CFD No. 2005 -02, with respect to the construction of public facilities required by the City or any other public agency as a condition of approval of the development of the Owner's property within CFD No. 2005 -2. e. Acknowledges and understands that Owner's request does not in any way whatsoever absolve, terminate, extinguish, reduce, or otherwise modify the special tax obligation for services special tax imposed on the Property within Improvement Area B , that the special tax lien for services special tax (Notice of Special Tax Lien Document No. 2005- 0793368) shall remain a valid lien, and that obligation to pay for services required by the City or any other public agency as a condition of approval of the development of the Owner's property within Improvement Area B of CFD No. 2005 -2 is unaffected by Owner's request. 5. The undersigned is a duly authorized representative of Owner and is legally authorized to make the representations and the request, give the acknowledgements and the consents and provide the waivers contained herein on behalf of the Owner. This ACKNOWLEDGEMENT AND WAIVER was executed on the respective dates set forth below. Owner CASTLE & CSC .QJCE ALBERHILL HOME BUILDING, INC. 4 By: Med nJ. Tomlinson Seni r- -Vice President Date: j2 ' t ' ( S By: Its: Date: By: _ Its: Date: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) 4 e ) § County of % ,Vey r �e ) On L)Lt 'rrxf. z�° � <� > before me, z'e >r -� a Notary Public, personally appeared 'o'/;;1 N I o, f) a ; c >j , who proved to me on the basis of satisfactory evidence to be the person(f j whose name(&) Were subscribed to the within instrument and acknowledged to me that he /shs3/they executed the same io his /her /their authorizedcapacity(ies), and that by his /her/thrit siguature(s) on the instrument the person(a), or the entity upon behalf of which the person(s.) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Sigrtat r Notary YrYeli� � lIIO` . i (Affix seal here) N % 'IMPROVEMENT " -AREA "O.. IMPROVEMENT AREA'A "," ,�. ' v y., IMPROVEMENT LADRILtO i_IL AREA "C" ATTACHMENT B Notice of Special Tax Lien and Amendment No. 1 [Attached] RR:ORDING REQUES TED BY AND WHIN RECORDED RF. FURN'TO: City of Lake Elsinore 130 S. Main Street Lake Elsinore, California 92530 Attention: Matt Pressey DOC a 200S- 0793367 09/28 /2005 08;008 Pee:.184,00 Payed of 80 Recorded In Official. Records. County of Riverside Larry W. Ward 1 11111111111 ��lull1111111111111111 III VIII 11 IN NOTICE OF SPECIAL TAX LIEN / C t U V Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and b Section 53328.3 of the Government Code, the undersigned clerk of the legislative body of the City of Lake Elsinore (the "City "), State of California, hereby gives notice that a lien to secure �CIO payment of special taxes is hereby imposed by the City Council of the City. The special taxes \l�` secured by this lien are authorized to be levied for the purpose of financing public infrastructure facilities and other governmental facilities with an estimated useful like of five years or longer including, but not limited to, sheets, strcetscape, park and recreation facilities, storm drain, other City facilities and fees, water and sewer facilities and fees of the Elsinore Valley Municipal Water District, facilities of Cal Trans and related costs including designs, inspections, professional fees, annexation fees, connection fees and acquisition costs, and for the purpose of paying principal and interest on bonds issued with respect to each improvement area. The special taxes are authorized to be levied within the improvement areas of the City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) (the "District ") which has now been officially formed and the lien of the special taxes are a continuing lien which shall secure each annual levy of the special taxes and which shall continue in force and effect until the special taxes cease to be levied and a notice of cessation of special taxes is recorded in accordance with Section 53330.5 of the Government Code. The rate and method of apportionment, and manner of collection of authorized special tax, for each improvement area is as set forth in Exhibit "A" attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special taxes may be prepaid and permanently satisfied and the lien of the special taxes canceled are as set forth in Exhibit "A" attached hereto. Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levies shall become a lien upon all real property within the respective improvement areas of the District in accordance with Section 3115.5 of the Streets and Highways Code. The name of the owner(s) and the assessor's tax parcel number(s) of the real property included within the respective improvement areas of the District and not exempt from the special tax are as set forth in Exhibit "B" attached hereto. 45651278.1 Reference is made to the boundary map of the District recorded at Book 63 of Maps of Assessment and Community Facilities Districts at Page 35, in the office of the County Recorder for the County of Riverside, California which map is now and final boundary map of the District. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Director of Administrative Services of the City of Lake Elsinore, 130 S. Main Street, Lake Elsinore. California 92530, (951) 674 -3124. Dated:? 45057278.1 EPIJT Ci' TERK OF THE CITY OF LAKE E ELSIN R STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) On _ beiixe me, /(j(�� where insert name and title of the ofitcer), personally appeared e ersonally known to me ( Iwidt `th�on whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon which the person acted, executed the instrument. WITNESS my hand and official seal. i f 0 13606116 PLtft 45657278.1 EXHIBIT A RATE AND METHOD OF APPORTIONMENT (IMPROVEMENT AREA A) (IMPROVEMENT AREA B) (IMPROVEMENT AREA Q 45657278 1 EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2005.2 OF THE CITY OF LAKE ELSINORE (Alberhill Ranch) (IMPROVEMENT AREA A) The following sets tbnh file Rate and Method ol`Appor(ionnnen, far the levy and collection of Special 'faxes in improvement Area A Of' the City Of Lake Elsinore Community Facilities District No, 20052 (Alberhill Ranch) ( "CFD No. 20052" and collected in improvement Area A of CFD No, 2005.2 each Fiscal Year, in an amount ). The Spacial Tax shall be levied an All of le through the aliplication Of tile Rate and Method of Apportiomnenfdescribed below. All of the real property within bmprovetmCtlt Area A. unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the 'Danner herein provided. SECTION A DEFINITIONS The terns 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 ifthe land area is not shown on an Asscsscn''s ]xareel Map, the n on an shown on the applicable final map, parcel nap, cordantinium plan, or other recorded County parcel map or instrument. The square footage of an Assessor,$parcel is 'equal to the Aeon ly n» are„ rna >or 43 >SGO, "Act" means the Mello -Roos Cotrntunities Facilities Act of` 1 "982, as amended, being Chapter 2.5, Part I of Division 2 of Title 5 of the Government Code cifthe State of California. "Administrative Expenses'" means the following actual or reasonably estimated costs directly related to the adnrinisiration of Impravetnent Area A: the costs of computing tine ,Special Taxes and preparing the Special Tax collection schedules '(whether by the City or designee thereof or both); ;he costs of collecting the Specia] ')'axes (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 life discharge ai'the duties required of it under the Indenture; the Costs to the City; hnpro costs ti Area A or any designee Thereof of complying viii arbitrage rebate requirements; fire pasts to tile City; Improvement Area A or any designee lhcf'eof of confplyhig with requirements; federal of the City, 1rttltrovCmenf Area A or obligated persons associated With applicable federal anti state securities laws and the Act, the casts associated with preparing special Tax disclosure statements and responding to public inquiries regarding Cite Special Taxes; the costs of the City, ltnprovemettl Area A or any designee thereof related to an appeal of the Special Tax; the casts associated fees with the release of funds from an escrow account; and the Cily's annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by file CFD Administrator or advanced by the City or Improvement ArcaA City of Lake Etshtore Community Facilities District No. 2005-2 (Alberhill Ranch) June 301 2005 Improvement Area A Page 5 l'or any other administrative purposes of Improvement Area A. including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure o1 delinquent Special Taxes. "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by file 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 I" preceding the Fiscal Year itt which the Special 'Tax is being levied, and (ii) that have not been issued a building permit on or before May 1'1 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 Special Tax for Facilities" means the Special Tax of that name described in Section D below. "Backup Special Tax f'or 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 goverment 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 Improvement Area A have been pledged "Building Square Footage" or "B.SF" 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 veer" 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. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) improvement Area A Page 6 "CFD No. 2005 -2" means Community Facilities District No. 2005 -2 (Alberhill Ranch) established by the City under the Act. "City" means the City of hake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD No. 2005 -2, 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" preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building permit 'ar new construction was issued on or before May I" 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 A" means Improvement Area A of CFD No. 2005 -2, as identified on the most recent boundary map for CFD No. 2005 -2 on file with the County of Riverside Recorder's office. "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. 2005 -2 within Improvement Area A 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. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A Page 7 "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. "Single Family Property" means all Assessor's Parcels of Residential Property other than Apartment Properly, "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 A by CFD No. 2005 -2 pursuant to the Act. "Special Tax for Facilities" means any of the special taxes authorized to be levied within Improvement Area A by CFD No. 2005 -2 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. 2005 -2 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 Improvement Area A, 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. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) improvement Area A Page 8 SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2006 -07, each Assessor's Parcel within Improvement Area A shall be classified as Taxable Property or Exempt Properly, In addilion; each Assessor's Parcel 93' Taxable Property shall be further classified as Developed 1'rxrpeity; Approved Property, llndevclopcd property or Provisional Urrdevsifiedci Property. ln.pdd addition, each ASSeSFpr`'s Parcel of Developed Property shall furlher be ctassificd as Residential Property or Non-Residential Property. Lastly, each Assessor's Parcel 01'Residential Property shall further be classified as a Single Fancily Property or Apartment Properly, and each Assessor's Parcel of Single Family Property shall he assigned to its appropriate Assigned Special Tax for Facilities rale based on its Building Square Footage; SECTION C MAXIMUM SPECIAL TAX FOR FACILITIES L Developed Property 'rbe Maximum Special Tax for Facilities for each Assessor's Parcel of Single Family Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax for Facilities or (ii) the Backup Speeild rax for Facilities. The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Properly or Non - Residential Property shall be the applicable Assigned Special Tax for Facilities described in Table 1 of Section D. Prior to the issuance of Bonds, the Assigned Special Tax for Facilities on Developed Property set forth in Table I 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 ol'Goals and Policies for the Use of the Mello Itoos ConrmonilyPaacilllies Act of 1>g2 adopted by the 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 substantially the form attached hereto as Exhibit "A ", City of Lake Elsinore June 309 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A Page 9 2. Multiple Land Use Tvvpe In some instances an Assessors Parcel o1' 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 of the Maximum Special Tax for Facilities for all Land Use Types located on the Assessor's Parcel. The CPC) Administrator's allocation to each type of property shall be final. 3. Approved Property Undeveloped Prgperty and Provisional undeveloped PropErh 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 L 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 Special Tax for Facilities. The Assigned Special Tax for Facilities applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2006 -07 shall be determined pursuant to Table 1 below. TABLET ASSIGNED SPECIAL TAX FOR FACILITIES RATES FOR DEVELOPED PROPERTY FOR FISCAL YEAR 2006 -07 Land Use T e Building S uare Foota a Rate Single Family Pro ert Greater than 3,650 $4,566 per Single Family Unit Sin leFamil Pro ert 3,151-3650 _ $4,288 a Single Faniily Unit Sin le Famfly Property, 2,551 — 3,150 $3,373 per Sin le Family Unit Sin }leFamil Pro ert 21051 — 2,550 $3,220 >er Single Family Unit Sin le Family Property 1,851 — 25050 $2,$96 per Sin} Ie Family Unit Single Family Pr9kerty Less than or equal to 1,850 $2,753 peer S amily t Am Pro ert N/A $21330 e Acre Non- Residentiall'roperly N/A $21,330 erAcre City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A Page 10 2. Cach Fiscal Year, each Assessor's Parcel of Approved property„ Uiadevelopcd " property and Previsional Undeveloped property shall be sullied to an Assigned Special 'Pax 12ir 1 aeiiities. The Assigned Special Tax for Facilities rate Jar an Assessor's parcel elassified as Approved Properly. Undeveloped property and Previsional Undeveloped property for Fiscal Year 200(1 -07 shall be 521,330 per Acre. 3. Increase iit the Assigned StievialTax for Facilities On each July 1, commencing July 11 2007, the assigned Special'I'ax for Facilities rate for Developed property, Approved iroperly, 1ndeveloped Property and provisional Undeveloped properly shall be increased by two percent (2.00 %) of the atnatm6 in effect in tile' prior Fiscal Year. SECTION E BACKUP SPECIAL TAX FOR FACILITIES is recorded, tine Backup Special Tax for Facilities for all Ass operty classified or reasonably expected to be classified as a inch Final avian a.�� nl,.,n x. ;._._ _._ j w 4+uunpn for lJtideveloped Propertyby (b) tine fatal area, excluding Acreage classified as fled or reasonably expected to be cl 'roperty, and any Acreage reasonably exp al map area, and (ii) dividin-e the results' -i _ _!._.., .....un auwu rural lvlap area: The Backup Special Tax for Facilities shall not app Apartment Property. ly to Non - Residential Property or Notwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified or to be classified as Single Family Property are subsequently changed or modified by recordation of a lot tine adjustment or similar instrument, then the Backup Special Tax for Facilities for the area that has been changed air modified shall be recalculated, ecial a 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, 2007, 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. 2005 -2 (Alberhill Ranch) June 30, 2005 Improvement Area A Page I 1 SECTION F METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing Fiscal Year 2006 -07 and f'or 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 I 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: If additional 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: If additional 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% of the Backup Special Tax for Facilities as needed to satisfy the Special Tux 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% of the 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 Improvement Area A. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A Page 12 SECTION G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional detinilions apply to this Section G: "CFD Public Facilities" means $22,000,000 expressed in 2005 dollars, which shall increase by tile m Construction Inflation Index at July 1, 2006, and on each July I thercaffer, or such lower antotrnt (i) determined by the City Council as sufficient to provide the public lbeilities under the authorized bonding program for Improvement Area A or (ii) determined by lfte 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. " Cbnstruetion Fund" means an account specifically identified in the Indenture or functionally cqutvtdent to )told funds, which are cutrently available for expenditure to acquire or construct Public facilities eligible under CFD No. 2005.2. "Construction Inflation Index" means the annual percentage change in the Engineering News, Record Building Cost Index for the city of Los Angeles, ntcasted Its Of tile Calendar Year which ends in the previoas Fiscal Year. In the n' 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 liar 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 ealtred 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 `fax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property far which a building permit has been issued or is expected to be issued, or an Petty lbr which building ding permit 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 tite time the Special Tax for Facilities obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be detennined as described below. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation Of recprovide ipt Hof suuch notice tthenCFDoAdministrator tshall ratify tsnch awneetoft Within 30m rat 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 redemption of Bonds from the proceeds Of such prepayment stay be ,given by the Trustee pursuant to the Indenture. City of Lake Elsinore Conlniunity Facilities District No. 2005 -2 (Alberhill Ranch) June 30, 2005 Improvement Area A Page 13 The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terns defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Cost plus Administrative Fee less Reserve Fund Credit less Capitalized Interest 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 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 I for such Assessor's Parcel by the sum of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City, and (b) divide the Backup Special Tax for Facilities computed pursuant to paragraph I 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 buildout, 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." 5. Compute the Future Facilities Cost. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A Page 14 G. Multiply the larger quotient computed pursuant to paragraph 2(u) or 2(b) by the amount dctennined 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 0. 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." 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) ,Improvement Area A Page 15 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 1I shall be retained by Improvement Area A. 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 t'or Facilities obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of Improvement Area A 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 PREPAYMENT 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. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement, Area A Page 16 The Partial Prepayment Amount shall be calculated according to the following formula: PP= (P(;--A)x F +A The terns above have the following meanings: PP = the Partial Prepayment Amount. P4 = 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 of CFD No. 2005 -2 that there 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. 2005 -2 Bonds have been paid; (ii) all authorized facilities for CFD No. 2005 -2 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 of Improvement Area A have been satisfied. City of Lake Elsinore ,tune 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A Page 17 SECTION .1 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 casement, (v) Assessor's Parcels which are privately owned and are 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 70.78 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 70.78 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 70.78 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 F'ACILIT'IES 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 improvement Area A 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. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A I Page 18 "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 I 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 Improvement Area A in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for Improvement Area A for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2005 -2 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 Improvement Area A equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services based on the delinquency rate in CFD No. 2005 -2 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 2005 -2006 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 2005 -2006 shalt be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A Page 19 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 Improvement Area A 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 of the Special Tax is not correct may tale 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, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A Page 20 EXHIBIT "A" CITY OF LAKE ELSINORE AND CFD NO, 2005 -X 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. 2005- X of the City of Lake Elsinore ( "CFD No. 2005 -X ") hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed Property (within such Improvement Areal: (a) The information in Table 1 relating to the Maximum Special Tax for Facilities for Developed Property and /or Undeveloped Property within (Improvement Area X or CFD No. 2005 -X] shall be modified as follows: (insert Table 1 showing effective change to special tax rates and /or insert change to special tar rates for Undeveloped Property] 2. Table I may only be modified prior to the issuance of Bonds. 3. Upon execution of the Certificate by the City and CFD No. 2005 -X the City shall cause an amended Notice of Special Tax Lien (for the Improvement Area] 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. 2005 -X, receipt of this Certificate and modification of the RMA as set forth in this Certificate. CITY OF LAKE ELSINORE By: _ Date: CFD Administrator COMMUNITY FACILITIES DISTRICT NO. 2005-X OF THE CITY OF LAKE. ELSINORE By: Date: City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A Page 21 EXHIBIT B RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO* 2005-2 OF THE CITY OF LAKE ELSINORE (Alberhill Ranch) (IMPROVEMENT AREA B) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in Improvement Area B of the City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) ( "CFD No. 2005 -2 "). The Special Tax shall be levied on and collected in Improvement Area B ofCFD No. 2005 -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 B, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 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 1 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 Improvement Area B; 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, Improvement Area B or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, Improvement Area B or any designee thereof of complying with disclosure requirements of the City, Improvement Area B or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, Improvement Area B or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or Improvement Area B for any other administrative purposes of Improvement Area B, including attorney's fees and City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 22 other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "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 May 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 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 -terns leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long -tenn contracts, or any refunding thereof, to which Special Taxes for Facilities within Improvement Area B 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 I 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. City of Lake Elsinore June 307 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 23 "CFD No. 2005 -2" means Community Facilities District No. 2005 -2 (Alberhill Ranch) 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. 2005 -2, 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" 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 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 faxes 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 B" means Improvement Area B of CFD No. 2005 -2, as identified on the most recent boundary map for CFD No. 2005 -2 on file with the County of Riverside Recorder's Office. "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 and /or Table 2 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. 2005 -2 within Improvement Area B in any Fiscal Year on any Assessor's Parcel. "Multifamily Property" means all Assessor's Parcels of Residential Property on which one or more Multifamily Units are constructed. "Multifamily Unit" means a dwelling unit within a building comprised of attached residential units available for sale to an end user. "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. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 24 "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 fl. "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) 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 for Zone 1 or Zone 2 as applicable. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for proposes of constructing one or more residential dwelling units. "Single Family Property" means all Assessor's Parcels of Residential Property other than Apartment Property and Multifamily Property. "Single Family Unit" means a residential dwelling unit other than an Apartment Unit or Multifamily Unit. "Special Tax" means any of the special taxes authorized to be levied within Improvement Area B by CFD No. 2005 -2 pursuant to the Act. "Special Tax for Facilities" means any of the special taxes authorized to be levied within Improvement Area B by CFD No. 2005 -2 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. 2005 -2 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 City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 25. 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 Improvement Area B, 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. "Zone" means Zone I or Zone 2. "Zone I" means a specific geographic area within Improvement Area B as depicted in Exhibit B attached hereto. "Zone 2" means a specific geographic area within Improvement Area B as depicted in Exhibit B attached hereto. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2006 -07 , each Assessor's Parcel within Improvement Area B 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 Properly. 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, Multifamily Property, or Apartment Property, and each Assessor's Parcel of Single Family Property and Multifamily 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 Property The Maximum Special Tax for each Assessor's Parcel of Single Family Property and Multifamily Property in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax or (ii) the Backup Annual Special Tax. The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Property or Non - Residential Property shall be the applicable Assigned Special Tax for Facilities described in Table 1 or Table 2 of Section D City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 26 Prior to the issuance of Bonds. the Assigned Special Tax for Facilities on Developed Property set forth in 'fable I may he reduced in accordance with, and subject to the conditions set forth in this paragraph. It' it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello -Roos Community Facilities Act of 1982 adopted by the City Council, the "Goals and Policies ") calculated pursuant to the Goals and Policies 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 substantially the form attached hereto as Exhibit "A ". 2. Multiple Land UseTvnc 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 of the 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 properly 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 2. Developed Property Each Fiscal Year, each Assessor's Parcel of Single Family Property, Multifamily Property, Apartment Property, or Non - Residential Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities applicable to an Assessors Parcel of Developed Property for Fiscal Year 2006 -07 shall be determined pursuant to Table 1 and Table 2 below. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 27 TABLE ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN "LONE I FOR FISCAL YEAR 2006 -07 Land Use Type Buildin S ware Footage Rate Sin le Famil�Propert Greater than 4,250 $4,938 per Single Family Unit Single Family Prot 31951 - 4,250 $4,661�er Single Family Unit Single Family Prouty 3,651- 3,950 $4,356 per Single Family Unit Single Family Pro e ly 31351 - 37650 $4,280 per Single F mily Unit , Single Family Property _ 3,651 - 3,051 37350 $3,564 per Sin )le Faini�Unit Single Family Property 2,551 - 31050 $3,373 per SinjW-f7ainily Unit Sin lc Family Property. 21051 - 2,550 $3,220 per Single Family Unit Single Family Prope�iy 11851 - 21050 $2,896 per Single Family Unit Family Property Less than or eflual to 1,850 $2,72 53 per Stele Family Unit _Single Multifamily Prqp enty Greater than 1,600 $2,292 per Multifamily Unit Multifamily Pro ert_ l 401 - 1,600 $2,148 per Multifamily Unit Multifamily Property 1 201 - 1,400 $2,005 er Multifamily Unit Multifamily Property ' _ Less than or equal to 1,200 - $1,862 per Multifamily Unit J Apartment Property N/A $20,167 per Acre Non - Residential Pro ert N /A_ $20,167 per Acre TABLE2 ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 2 FOR FISCAL YEAR 2006 -07 Land Use Type Buildin g Square Foota a Rate Single Family Property Greater than 4,250 $4,938 per Single Family Unit Single Famim Propeit 3,951 - 4,25Q_ $4,661 per Single Famil Unit Single FaTj!y Pro ert _ 3,651 - 3,950 $45356 per Single Family Unit Single Family Property 3 351 - 31650 $4 280 cr Sin le Famil Unit Single Family Property 31051 - 31350 $3,564 per Single Family Unit Single Family ert 2,551 3,050 $3 373 er Single Family Unit Single Family Pro ert 2,051 - 2,550 $3,220 er Sing1c Famil Unit Single Family Property 1,851 - 2,050 $2,896 per Single Fami] Unit Sin lg e ramil Property Less than ore ual to 1,850 $2,753 er Sin le Famil Unit Multifamily Properly_ Greater than 1,600 $2,292 per Multifamily Unil Multifamily Property 1 401 -11600 ..,_ x$2,148 per Multifamily Unit Multifamil Pro ert 1,201 - 1 400 $2,005 per Multifamily Unit _ Multifamily Property _ _ Lcss than ore ual to 1,200 $1,862 er Multifamil Unit Apartment Property N/A $600 per Apartment Unit Non - Residential Pro ert N/A $5,000 per Acre City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 28 2. crty, 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 Special Tax for Facilities. The Assigned Special Tax for Facilities rate for an Assessor's Parcel classified as Approved Properly, Undeveloped Property and Provisional Undeveloped Property for Fiscal Year 2006 -07 shall be $20,167 per Acre for Zone 1 and $48,865 per Acre for Zone 2. 3. Increase in Assigned Special Tax for Facilities On each July 1, commencing July 1, 2007, 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 ANNUAL 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 Single Family Property or Multifamily 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 Apartment Property or Non - Residential Property, and any Acreage reasonably expected to be classified as .Exempt Property in such Final Map area, and (if) dividing the results in (i) by the total number of Single Family Units or Multifamily 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 Single Family Property or Multifamily Property within such Final Map area. The Maximum Special Tax for Facilities rate(s) applied in (i) above shall be the applicable Undeveloped Property rate for the 'Z-one in which each Assessor's Parcel is located; provided, however, if an Assessor's Parcel is located in two Zones, the Maximum Special Tax for Facilities rate applied shall be the lower of the two Maximum Special Tax for Facilities rates. The Backup Special Tax for Facilities shall not apply to 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 or Multifamily 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. City of l..ake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 29 On each July 1, commencing July 1, 2007, the Backup Special Tax fix Facilities 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 SPECIAL TAX FOR FACILITIES Commencing Fiscal Year 2006 -07 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Facilities on all Taxable Property in accordance with the fbIlowing 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 I and "fable 2 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: if additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, the Annual 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: If additional 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% of the 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% of the 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 Improvement Area B. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 30 SECTION G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G "CFD Public Facilities" means $29,000,000 expressed in 2005 dollars, which shall increase by the Construction Inflation Index on July 1, 2006, and on each July I 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 B, 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. 2005 -2. "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 detennined 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 redemption of Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 31 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 less Capitalized Interest Credit equals Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated as follows: 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 surn of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, 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 surn of the estimated Backup Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, 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." Compute the Future Facilities Cost. City of Lake Elsinore .tune 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 32 6. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the amount detennined pursuant to paragraph 5 to delerrnine the Future Facilities Cost to be prepaid (the "Future Facilities Amount"), T 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." H. 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. 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." 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 33 Defeasancc 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 I l shall be retained by Improvement Area B. 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 of Improvement Area B 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 limes the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION N PARTIAL PREPAYMENT 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. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 34 The Partial Prepayment Amount shall be calculated according to the following iormula PP = (P(; — A) x F +A The terns 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 for Facilities obligation. A = the Administration 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) shall indicate in the records of CFD No. 2005 -2 that there 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 partial prepayment of the Special Tax for Facilities obligation and the partial release of the Special Tax for Facilities lien on such Assessor's Parcel, and 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 2043 -44 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. 2005 -2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2005 -2 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 of Improvement Area B have been satisfied. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 35 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 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 85.59 Acres for Zone 1 and 6.80 Acres for Zone 2. 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 85.59 Acres for Zone i and 6.80 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 85.59 Acres for ZOne 1 and 6.80 Acres for Zone 2 will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes for Facilities pursuant to Step Five in Section F. SECTION K MANNER OF COLLECTION The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area B 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 Set-vices is being levied. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 36 "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 I 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 Improvement Area B in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for Improvement Area B for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2005 -2 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 Improvement Area B equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services based on the delinquency rate in CFD No. 2005 -2 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 2005 -06 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 2005 -06 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July I, 2006, the Maximum Special Tax for Services 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. 2005 -2 (Alberhill Ranch) Improvement Area B .tune 30, 2005 Page 37 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 Improvement Area B 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 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, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 38 EXHIBIT "A" CITY OF LAKE ELSINORE AND CFD NO. 2005-X 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. 2005 - X of the City of Lake Elsinore ( "CFD No. 2005 -X ") hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed Properly /within such Improveaieni Area): (b) The information in Table I relating to the Maximum Special Tax for Facilities for Developed Property and /or Undeveloped Property within /Improvement Area X or CFD No. 2005 -X) shall be modified as follows: (insert Table 1 showing effective change to special tax rates and /or insert change to special tar rates.for Undeveloped Property/ 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. 2005 -X the City shall cause an amended Notice of Special Tax Lien ffor the Improvement Areal 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. 2005 -X, 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. 2005 -X OF THE CITY OF LAKE ELSINORE By' - -- -- Date: City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 39 EXHIBIT "B" ZONE MAP �41 i a oz r N �IX J N 1- ino 8� 0 �.,, pM 0 n. 5kp �p Ra ;a g �' 11 J� y ! i �41 i a oz r N �IX J N 1- ino 8� 0 �.,, pM 0 n. 5kp �p Ra ;a g �' 11 J� y ! City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B June 30, 2005 =1 EXHIBIT C RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2005-2 OF THE CITY OF LAKE ELSINORE (Alberhill Ranch) (IMPROVEMENT AREA C) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in Improvement Area C of the City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) ( "CFD No. 2005 -2 "). The Special Tax shall be levied on and collected in Improvement Area C of CFD No. 2005 -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 C, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 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 Improvement Area C: 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, Improvement Area C or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, Improvement Area C or any designee thereof of complying with disclosure requirements of the City, Improvement Area C or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, Improvement Area C or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or Improvement Area C for any other administrative purposes of Improvement Area C, including attorney's fees and City of Lake Elsinore June 30) 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 41 other costs related to commencing and pursuing to completion any foreclosure of delinquent Special "faxes. "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "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 I" 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 1V'I 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 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 Porn 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 -tern contracts, or any refunding thereof, to which Special Taxes for Facilities within Improvement Area C 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 I 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. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 42 "CFD No. 2005 -2" means Community Facilities District No. 2005 -2 (Alberhill Ranch) 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. 2005 -2, 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 1" preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building pen-nit for new construction was issued on or before May I" 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 fitrther subdivision. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. "Improvement Area C" means Improvement Area C of CFD No. 2005 -2, as identified on -the most recent boundary map for CFD No. 2005 -2 on file with the County of Riverside Recorder's Office. "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 I and /or Table 2 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. 2005 -2 within Improvement Area C in any Fiscal Year on any Assessor's Parcel. "Multifamily Property" means all Assessor's Parcels of Residential Property on which one or more Multifamily Units are constructed. "Multifamily Unit" means a dwelling unit within a building comprised of attached residential units available for sale to an end user. "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. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C I Page 43 "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) 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 for Zone I or Zone 2 as applicable. "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 and Multifamily Property. "Single Family Unit" means a residential dwelling unit other than an Apartment Unit or Multifamily Unit. "Special Tax" means any of the special taxes authorized to be levied within Improvement Area C by CFD No. 2005 -2 pursuant to the Act. "Special Tax for Facilities" means any of the special taxes authorized to be levied within Improvement Area C by CFD No. 2005 -2 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. 2005 -2 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. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 44 "Taxable Property" means all Assessor's Parcels within Improvement Area C. 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. "Zone" means Zone I or Zone 2. "Zone I" means a specific geographic area within Improvement Area C as depicted in Exhibit B attached hereto. "Zone 2" means a specific geographic area within Improvement Area C as depicted in Exhibit B attached hereto. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2006 -07 , each Assessor's Parcel within Improvement Area C shall be assigned to Zone I 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, Multifamily Property, or Apartment Property, and each Assessor's Parcel of Single Family Property and Multifamily 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 Developed Property The Maximum Special Tax for each Assessor's Parcel of Single Family Property and Multifamily Property in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax or (ii) the Backup Annual Special Tax. The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Property or Non - Residential Property shall be the applicable Assigned Special Tax for Facilities described in Table 1 or Table 2 of Section D 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 City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 45 conditions set forth in this paragraph. If it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello -Roos Community Facilities Act of 1982 adopted by the City Council, the "Goals and Policies') calculated pursuant to the Goals and Policies 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 l ) 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 substantially the form attached hereto as Exhibit "A ". 2. Multiple hand Use Type 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 of the 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 Properly 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 Developed Property' Each Fiscal Year, each Assessor's Parcel of Single Family Property, Multifamily Property, Apartment Property, or Non - Residential Properly 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 2006 -07 shall be determined pursuant to Table 1 and Table 2 below. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C I Page 46 TABLE ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 1 FOR FISCAL YEAR 2006 -07 1 and Use 1'ye Single Family Propeajy S)e Family PrRpw_ Single Famil Pro ert Buildin S uare Footage Greater than 4,250_ 31951 -4,250 _ 3,6 5 1 - 3195 0 Rate $4,938 per Sin leery Unit $4,661 per Side Family Unit $4,356 er Sin le Family Unit Single Fam�y, Pro erty _ 3,051 - 3,650 $4x000 per Single Family Unit Single Family Property 2,751 31050 $3,659 per S n I Fami y Unit , Sin lc Family Property 2,451 - 21750 Single Family. Property $3,507 pe r Single Family Unit Single Fai Less than or equal to 2,450 $3,373 per Single Family Unit Multifamil Property Greater than 19600 $2,292 per Multifamily Unit Multifamily Property - 1,600 __ Less than or equal to 2,450 $2,148 rer Multifamily Unit Multifamil Py roperty 15201 - 11400 $25005 per Multifimily_Unit Multifamil Pryl>erty Less than or equal to 1,200 '_$1,862 per Multifamily Unit Apartment property Nun - Residential Pro ert... N/A N/A $245110 per Acre $24,110 erAcre TABLE 2 ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 2 FOR FISCAL YEAR 2006 -07 Land Use Ty a Building care Foota a Rate _Sin le Famil Pro erty Single FamilyPropert Greater than 4,250 3,951 -4,250- e._ $4,938 per Single Family Unit $4,661.per Single Family Unit.. Single Fami!y Prepe t 3,651 - 3 950 $4,356 peTSingle Famil Unit Single Family Pro ert 31051 -31650 $4,000 ) Single Famil Unit Single Family. Property 2,751 -32050 $3,659 per Single Family Unit Sin IK a Fami1Y Properly^ 21451 - 2,750 $3,507 er Sin le Famil Unit Single Family Property Less than or equal to 2,450 $3,373 per Single Family Unit Multifamily ProDerty Greater than 1,600 $2,292 per Multifamily Unit Mu)tifamii Pro ert 11401 - 15600 $2,148 per Multifamil Unit Multifamily Property_ 1,201 - 11400 $27005 per Multifamily Unit Multifamily,Pro ert Less than or equal 'to 1,200___ $1,862 ear Multifam� Unit Apartment Property N/A $600 per Apartment Unit Non - Residential Pro ert N/A $5,000 per Acre City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 47 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 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 2006 -07 shall be $2471 10 per Acre for Zone I and $55,975 per Acre for 'Zone 2. 3. Increase in the Assigned Special Tax for Facilities On each July 1, commencing July 1, 2007, 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 ANNUAL 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 Single Family Property or Multifamily 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 Apartment Property or 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 Single Family Units or Multifamily 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 Single Family Property or Multifamily Property within such Final Map area. The Maximum Special Tax for Facilities 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 for Facilities rate applied shall be the lower of the two Maximum Special Tax for Facilities rates. The Backup Special Tax for Facilities shall not apply to 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 or Multifamily 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. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 48 On each July 1, commencing July I. 2007, the Backup Special "fax for Facilities rate shall be increased by two percent (2.00 %) of the amount in c1}'ect in the prior Fiscal Year. SECTION F METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing Fiscal Year 2006 -07 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: Stop 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 I and Table 2 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: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, the Annual 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: If additional 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% of the 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% of the 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 Improvement Area C. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 49 SECTION G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section Gt "CFD Public Facilities" means $20,000,000 expressed in 2005 dollars, which shall increase by the Construction Inflation Index on July 1, 2006, 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 C, 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. 2005 -2. "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 delennined 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 City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 50 occurring date that notice of 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): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Cost plus Administrative Fee less Reserve Fund Credit less Capitalized Interest Credit equals Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated as follows: 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 I for such Assessor's Parcel by the sum of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City, and (b) divide the Backup Special Tax for Facilities computed pursuant to paragraph I 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 buildout, 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. 2005 -2 (Alberhill Ranch) Improvement Area C June 30, Page 51 5. Compute the Future Facilities Cost. 6. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(h) 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. Detennine 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 R 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 efTect 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. 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 City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 52 interest and /or principal payment. This amount is the "Capitalized Interest Credit. 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 G shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by Improvement Area C. 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 of Improvement Area C 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 ot'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. City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C 30, 2005 Page 53 SECTION H PARTIAL PREPAYMENT 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= (PG —A)x F +A 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 for Facilities obligation. A = the Administration 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) shall indicate in the records of CFD No. 2005 -2 that there 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 partial prepayment of the Special Tax for Facilities obligation and the partial release of the Special Tax for Facilities lien on such Assessor's Parcel, and 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. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 54 SECTION 1 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 2043 -44 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. 2005.2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2005 -2 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 of Improvement Area C have been satisfied. SECTION 3 EXEMPTIONS The City shall classify as Exempt Properly, 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 casements 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) 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 42.48 Acres for Zone I and 8.50 Acres for Zone 2. 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 42.48 Acres for Zone I and 8.50 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 42.48 Acres for 'Lone I and 8.50 Acres for Zone 2 will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes for Facilities pursuant to Step Five in Section F. SECTION K MANNER OF COLLECTION The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area C may collect Special Taxes for Facilities at a different time or in a different manner if necessary to meet its City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 55 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 I preceding the Fiscal Year in which the Special Tax for Services is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel fbr which a building permit has been issued by the City on or prior to May I 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 Improvement Area C in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for Improvement Area C for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2005 -2 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 Improvement Area C equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services based on the delinquency rate in CFD No. 2005 -2 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhiil Ranch) Improvement Area C June 30, 2005 Page 56 1. Rate and Method of Apportionment of the Special `fax for Services Commencing Fiscal Year 2005 -06 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 2005 -06 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non- Residential Property. On each July 1, commencing July 1, 2006, 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 "Pax 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 nine as ordinary ad valorem property taxes, provided, however, that Improvement Area C 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 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 City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 57 Special 'fax and any landowner or residents appeals. Any decision of the City Council shall be final and binding as to all persons. EXHIBIT "A" CITY OF LAKE ELSINORE AND CFD NO, 2005-X 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. 2005 - X of the City of Lake Elsinore ( "CFD No. 2005 -X ") hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed Property /within such Improvement Areal: (c) The information in Table 1 relating to the Maximum Special Tax for Facilities for Developed Property and /or Undeveloped Property within (Improvement Area X or CFD No. 2005 -XI shall be modified as follows: (insert Table I showing effective change to special tax rates and /or insert change to special tax rates for Undeveloped Property) 2. Table I may only be modified prior to the issuance of Bonds. 3. Upon execution of the Certificate by the City and CFD No, 2005 -X the City shall cause an amended Notice of Special Tax Lien [for the Improvement Areal 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. 2005 -X, receipt of this Certificate and modification of the RMiA as set forth in this Certificate. CITY OF LAKE ELSINORE By: CFD Administrator Date: COMMUNITY FACILITIES DISTRICT NO. 2005 -X OF THE CITY OF LAKE ELSINORE By: Date: City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 58 EXHIBIT "B" ZONE MAP I a � Y N I O O t`J � OZ Z N wwo }a J�v�� g U V z0 U U city Corr Improvement Area C Page 59 EXHIBIT B PROPERTY OWNER NAME AND ASSESSOR'S TAX PARCEL NUMBER All property owned by Castle & Cooke Alberhill Ranch, LLC.. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 60 /i/ I/ �I ffiefol All property owned by Castle & Cooke Alberhill Ranch, LLC.. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 60 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92503 Attn: Matt Pressey DOC #.2006 - 0456005 06/23/2006 08:00A Fee:.133r00 Page 1 of 43 Recorded In Official Records County of Riverside Larry W, Ward Assessor, County Clerk & Recorder III Il111111111111 hill 1111 III IIIII it fl1 M a U PAGE SIZE I DA I PCOR NOCOR SMF MI5C. A R L '.Copy LONG REFUND INCRG EXAM Space above this line for recorders use only TRA: �N ITT: Amendment No. 1 to Notice of Special Tax Lien �3�0 Title of Document 4! 41) a4 G THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 238P- AS4REO(Rev. 02 /2003) RECORDING REQUESTED BY AND WHEN RECORDED RETURN T0: City of Lake Elsinore 130 S. Main Street Lake Elsinore, California 92530 Attention: Matt Pressey DOC # 2006 - 0376993 05/24/2006 08:008 Fee:127.00 Page 1 of 41 Recorded in Official Records County of Riverside Larry U. Ward Assessor, County Clerk & Recorder i illlll II I Illll III II I II III 1111111 III IIII I ll 1111 AMENDMENT NO.1 TO NOTICE OF SPECIAL TAX LIEN Reference is hereby made to the Notice of Special Tax Lien with respect to the District recorded on September 26, 2005, as Document No. 2005 - 0793367, in the office of the County Clerk & Recorder of the County of Riverside, California, which contains' a list of the then existing owners and assessor tax parcel numbers of the original boundaries of the City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) (the "District'). Reference is made to the boundary map of the District recorded at Book 63 of Maps of Assessment and Community Facilities Districts at Page 35, in the office of the County Recorder for the County of Riverside, California. Reference is made to the revised boundary map of the District recorded at Book 66' of Maps of Assessment and Community Facilities Districts at Page 58, in the office of the County Recorder for the County of Riverside, California, which is now the final boundary map of the District. The rate and method of apportionment, and manner of collection of authorized special tax, for Improvement Area B and Improvement Area C of the District is as set forth in Exhibit "A" attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special taxes may be prepaid and permanently satisfied and the lien of the special taxes canceled are as set forth in Exhibit "A" attached hereto. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Director of Administrative Services of the City of Lake Elsinore, 130 S. Main Street, Lake Elsinore, California 92530, (951) 674 -3124. Dated: CITY CLER F THE CITY OF LAKE ELSINORE 45731367.1 CC 1A7 SIZEDA PCOR NOCOR SMF MISC. ffAGE A. R L COPY LONG REFUND NCHO E AMENDMENT NO.1 TO NOTICE OF SPECIAL TAX LIEN Reference is hereby made to the Notice of Special Tax Lien with respect to the District recorded on September 26, 2005, as Document No. 2005 - 0793367, in the office of the County Clerk & Recorder of the County of Riverside, California, which contains' a list of the then existing owners and assessor tax parcel numbers of the original boundaries of the City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) (the "District'). Reference is made to the boundary map of the District recorded at Book 63 of Maps of Assessment and Community Facilities Districts at Page 35, in the office of the County Recorder for the County of Riverside, California. Reference is made to the revised boundary map of the District recorded at Book 66' of Maps of Assessment and Community Facilities Districts at Page 58, in the office of the County Recorder for the County of Riverside, California, which is now the final boundary map of the District. The rate and method of apportionment, and manner of collection of authorized special tax, for Improvement Area B and Improvement Area C of the District is as set forth in Exhibit "A" attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special taxes may be prepaid and permanently satisfied and the lien of the special taxes canceled are as set forth in Exhibit "A" attached hereto. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Director of Administrative Services of the City of Lake Elsinore, 130 S. Main Street, Lake Elsinore, California 92530, (951) 674 -3124. Dated: CITY CLER F THE CITY OF LAKE ELSINORE 45731367.1 CC 1A7 Recording Requested By and When Recorded Mail To: CITY OF LAKE ELSINORE 130 So. Main Street Lake Elsinore, CA 92530 Attn: City Clerk This document is exempt from the payment of a recording fee pursuant to Government Code Section 6103. NOTICE OF CESSATION OF FACILITIES SPECIAL TAX FOR IMPROVEMENT AREA B COMMUNITY FACILITIES DISTRICT NO. 2005 -2 (ALBERHILL RANCH) CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA NOTICE IS HEREBY GIVEN that, pursuant to Section 53330.5 of the Government Code and Ordinance No. , adopted 2015, the City Council of the City of Lake Elsinore, acting as the legislative body of Community Facilities District No. 2005 -2 (Alberhill Ranch) ( "CFD No. 2005 -2 "), has determined that the obligation to pay the facilities special tax levied exclusively upon that certain real property within Improvement Area B of CFD No. 2005 -2 as more fully described in Exhibit A hereto (the "Property "), and imposed by the Notice of Special Tax Lien recorded on September 26, 2005, as Document No. 2005 - 0793367, as amended by Document No. 2006 - 0376993 recorded on May 24, 2006 and Document No. 2006 - 0456005 recorded on June 23. 2006, with respect to the facilities special taxes within Improvement Area B and Improvement Area C of CFD No. 2005 -2 (the `Notice of Special Tax Lien "), has ceased and the lien imposed by the Notice of Special Tax Lien with respect to the Property in Improvement Area B is extinguished. The recordation of this notice shall have no effect upon the lien imposed upon property other than the Property located within Improvement Area B of CFD No. 2005 -2. Reference is made to the revised boundary map of Improvement Area B of CFD No. 2005 -2 recorded in Book 63 of Maps of Assessment and Community Facilities Districts at Page 35, in the office of the County Recorder for the County of Riverside, State of California, which map is the boundary map of CFD No. 2005 -2. City Clerk of the Elsinore, acting in of Community (Alberhill Ranch) DOCS00 1699209v2/022972 -0037 City Council of the City of Lake its capacity as the legislative body Facilities District No. 2005-2 EXHIBIT A Property Owner Assessor Parcel Number Castle & Cooke Alberhill Home Building Inc. Legal Description: All of that certain real property in the City of Lake Elsinore, County of Riverside, State of California, described as follows: A -1 DOCSOC /l 699269v2/022972 -0037 COMMUNITY FACILITIES DISTRICT NO. 2005 -2 IMPROVEMENT AREA "B" Legal Description Being Lots 1, 31416;13"% "C ", "D", "E" and those portions of Lots 2 and "A" of Tract No. 28214 -4, in the City of Lake Elsinore, County of Riverside, State of California, as shown on Map Book 396, Pages 3 through 7, inclusive, of Map Books, records of said County; Together with those potions of Lots "G ", "K" of Tract No. 28214 -3, in the City of Lake Elsinore, County of Riverside, State of California, as shown on Map Book 392, Pages 94 -99, inclusive, of Map Books, records of said County; Together with Lots 176 through 202, "H", "1 ", and "S ", and those portions of Lots 160 through 175, "A ", "R" and "T" of Tract No. 28214 -5, in the City of Lake Elsinore, County of Riverside, State of California, as shown on Map Book 403, Pages 36 through 43, inclusive, of Map Books, records of said County; Together with a portion of Parcel 1 of Lot Line Adjustment No. 89 -12 in the City of Lake Elsinore, County of Riverside, State of California, Recorded July 19, 1990, as Instrument No. 266712, of Official Records in the Office of the County Records of said County, Together with those portions of the southeast Quarter and northeast Quarter of Section 27, along with those portions of the northwest Quarter and the southwest Quarter of Section 26, all in Township 5 South, Range 5 West, San Bernardino Meridian, all being more particularly described as follows: BEGINNING at the southwest corner of said Section 26 as shown on a Record of Survey on file in Book 88, Pages 76 through 82, of Record of Surveys, Records of said County; Thence along the south line of said Section 26, South 88 045'50" East, a distance of 1326.60 feet to the 1/16 corner of said Section 26; Thence northerly along the east line of the east half of the southwest quarter of said Section 26, North 00 051'43" East, a distance of 1388.66 feet to a point lying on the northerly right of way of Kings Highway, being 80.00 feet in width as shown on said Record of Survey; Thence easterly along said northerly right of way, South 88 045'36" East, 642.02 feet; Thence northerly, leaving said northerly right of way, North 00 °43'11" East, 439.52 feet to the beginning of a tangent curve concave southeasterly and having a radius of 1000.00 feet; Page] of 4 R904A865 \1SiGN,SVCP1.) Area 13 rev i2- 01- 15.doe. Thence northerly along said curve, through a central angle of 18 109'18 ", an arc length of 316.86 feet to the beginning of a tangent line; Thence northerly along said tangent line, North 18 °52'29" East, a distance of 502.37 feet to a point lying on the northerly line of southwest Quarter of said Section 26; Thence westerly along said northerly line, North 88 °45'21" West, a distance of 370.37 feet to the beginning of a non - tangent curve concave southwesterly having a radius of 1600.00 feet, a radial bearing to said point bears South 44 036'29" West; Thence northwesterly along said curve, through a central angle of 03 °11'41 ", an arc length of 89.22 feet to the beginning of a tangent line; Thence northwesterly along said tangent line, North 42 111'50" West, a distance of 2497.73 feet to the beginning of a tangent curve concave southwesterly and having a radius of 1600.00 feet; Thence northwesterly along said curve, through a central angle of 31 026'24 ", an arc length of 877.97 feet to the beginning of a tangent line; Thence northwesterly along said tangent line, North 73 038'14 "West, a distance of 136.21 feet to the southeasterly line of Lake Street (Formerly Robb Road) being 80.00 feet in width, by Deed recorded July 22, 1930, in Book 867, Page 50 of Official Records, also being shown on said Record of Survey; Thence southwesterly along said southeasterly line of Lake Street, South 31 015'59" West, a distance of 2036.65 feet; Thence southeasterly, leaving said southeasterly line of Lake Street, South 50 112'38" East, a distance of 73.85 feet; Thence North 39 °47'22" East, a distance of 30.64 feet to the beginning of a tangent curve, concave southerly and having a radius of 200.00 feet; Thence northeasterly along said curve, through a central angle of 66 °29'52 ", an arc length of 232.12 feet, to the beginning of a tangent line; Thence easterly along said tangent line, South 73 042'46" East, a distance of 170.00 feet; Thence South 82 °59'01" East, a distance of 169.96 feet to the beginning of a tangent curve, concave northerly and having a radius of 730.00 feet; Thence easterly along said curve, through a central angle of 38 °42'35 ", an arc length of 493.20 feet to the beginning of a non - tangent line, a radial bearing to said point bears South 31 141'37" East; Page 2 of 4 R:A04 \865 \L.13GALSV TD Ama 13 rev 12 -01 15.don Thence easterly along said non - tangent line, North 78 °06'23" East, a distance of 63.46 feet; Thence South 72 °58'30" East, a distance of 148.52 feet; Thence South 80 006'44" East, a distance of 210.85 feet to the beginning of a tangent curve, concave southerly and having a radius of 1160.00 feet; Thence easterly along said curve, through a central angle of 11 116'02 ", an arc length of 228.11 feet, to the beginning of a reverse curve, concave northerly and having a radius of 450.00 feet, a radial bearing through said point bears South 21 009'18" West; Thence easterly along said reverse curve, through a central angle of 18 141'23 ", an arc length of 146.79 feet to the beginning of a tangent line; Thence easterly along said tangent line, South 87 °32'05" East, a distance of 111.95 feet; Thence North 65 029'27" East, 73.08 feet to the beginning of a non - tangent curve, concave northeasterly and having a radius of 650.00 feet, a radial bearing to said point bears South 65 °29'27" West; Thence southeasterly along said curve, through a central angle of 08 019'33 ", an arc length of 94.45 feet, to the beginning of a reverse curve, concave westerly and having a radius of 1000.00 feet, a radial bearing through said point bears North 57 009'54" East; Thence southeasterly and southerly along said reverse curve, through a central angle of 42 047'03 ", an arc length of 746.72 feet to the beginning of a tangent line; Thence southerly along said tangent line, South 09 °56'57" West, a distance of 390.59 feet to the beginning of a tangent curve, concave northerly and having a radius of 650.00 feet; Thence southerly, southwesterly, westerly and northwesterly along said curve, through a central angle of 137 104'24 ", an arc length of 1555.05 feet to the beginning of a tangent line; Thence northwesterly along said tangent line, North 32 058'39" West, a distance of 218.93 feet to the beginning of a tangent curve, concave southwesterly and having a radius of 650.00 feet; Thence northwesterly along said curve, through a central angle of 04 114'04 ", an arc length of 48.04 feet to the beginning of a non - tangent line, a radial bearing to said point bears North 52 047'17" East; Page 3 oi'4 2VO4 \865 \LEGALSVCPD At ca 11 rev 12- 01 -15.doc Thence southwesterly along said non - tangent line, South 52'47'17" West, a distance of 59.36 feet; Thence South 67 °42'23" West, a distance of 93.81 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 117.50 feet; Thence southwesterly along said curve, through a central angle of 24 °44'01 ", an arc length of 50.72 feet to the beginning of a tangent line; Thence southwesterly along said tangent line, South 42 °58'22" West, a distance of 210.07 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 110.00 feet; Thence southeasterly along said curve, through a central angle of 23 °50'47 ", an are length of 45.78 feet to the beginning of a tangent line; Thence southerly along said tangent line, South 19 007'35" West, a distance of 45.80 feet; Thence South 01'07'41" West, a distance of 697.62 feet; Thence South 51'13'16" West, a distance of 142.87 feet; Thence South 07 °50'14" West, a distance of 200.19 feet; Thence South 40 °38'30" West, a distance of 516.68 feet; Thence South 00 °20'44" West, a distance of 271.37 feet to the South line of said Section 27; Thence easterly along the south line of said Section 27, South 89 °39'00" East, a distance of 1835.39 feet to said POINT OF BEGINNING. The above described parcel of land contains approximately 236.8 acres. As shown on Exhibit "B" attached hereto and made a part hereof. KWC ENGINEERS CIVIL ENGINEERS • PLANNERS • SURVEYORS tp,NNt, LftjQ� n OEM �tG — 1Ybl��pj �Z' UZ - lam! THOMAS M. p CASELDINE Thomas M. Caseldine Date * NO. 9029 P.L.S. 9029 Expires 09 -30 -17 :A pct December 2, 2015 OFCAt -AFOB 'rMC /TMC /tmc R: \04 \865 \1,EGALS \CPD Area B rev 12- 01- 15.doc Page 4 of 4 R: \04 \865 \LEGALS \CFD Area D rev I M i - 15,doc DOC # 2006- 0456005 06/23/2006 08:00A Fee:.133:00 Page 1 of 43 PLEASE COMPLETE THIS INFORMATION Recorded in Official Records RECORDING REQUESTED BY: County of Riverside Larry W. Ward Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: II III II III�II �IIII I �' II III'I I II II City of Lake Elsinore 130 S. Main Street M 5 U PAGE SIZE DA PCOR NOCOR SMF MISC. Lake Elsinore, CA — 92503 Attn: Matt Pressey A R L COPY LONG REFUND NCHG EXAM Space above this line for recorder's use only TRA: 41 DTT: Amendment No. 1 to Notice of Special Tax Lien �3(� Title of Document HIS Aal FQ c16roo�RV USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 238P- AS4RE0 (Rev. 02/2003) RECORDING REQUESTED BY AND WHEN RECORDED RETURN T0: City of Lake Elsinore 130 S. Main Street Lake Elsinore, California 92530 Attention: Matt Pressey DOC # 2906 - 0376993 05/24/2006 08:009 Fee:127.00 Page 1 of 41 Recorded in Official Records County of Riverside Larry W. Ward Assessor, 1Clerk Recorder 11111111111111111111111111111111111111111111111111111 M S U PAGE SIZE DA PCOR NOCOR SMF MISC. A. R L COPY LONG REFUND NCHG E M AMENDMENT NO. 1 TO NOTICE OF SPECIAL TAX LIEN nc /A% Reference is hereby made to the Notice of Special Tax Lien with respect to the District recorded on September 26, 2005, as Document No. 2005- 0793367, in the office of the County Clerk & Recorder of the County of Riverside, California, which contains a list of the then existing owners and assessor tax parcel numbers of the original boundaries of the City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) (the "District "). Reference is made to the boundary map Assessment and Community Facilities Districts for the County of Riverside, California. of the District recorded at Book 63 of Maps of at Page 35, in the office of the County Recorder Reference is made to the revised boundary map of the District recorded at Book 66 of Maps of Assessment and Community Facilities Districts at Page 58, in the office of the County Recorder for the County of Riverside, California, which is now the final boundary map of the District. The rate and method of apportionment, and manner of collection of authorized special tax, for Improvement Area B and Improvement Area C of the District is as set forth in Exhibit "A" attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special taxes may be prepaid and permanently satisfied and the lien of the special taxes canceled are as set forth in Exhibit "A" attached hereto. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Director of Administrative Services of the City of Lake Elsinore, 130 S. Main Street, Lake Elsinore, California 92530, (951) 674 -3124. Dated: GZ�gw 45731367.1 CITY CLERK /OF THE CITY OF LAKE ELSINORE EXHIBIT A LISTING OF PROPERTIES AND OWNERS IN CFD NO. 2005 -2 OWNER(S) APN CASTLE & COOKE ALBERHILL RANCH c/o CASTLE & COOKE ALBERHILL HOME BUILDING, INC. 6455 Alberhill Ranch Road 389 - 020 -048 and 049 Lake Elsinore, CA 92530 389 - 020 -051 and 052 Attn: Tom Tomlinson 389- 020 -061 389 - 020 -065 and 066 389 - 080 -052 389- 090 -002 and 008 389 - 121 -001, 002 and 003 389 - 730 -016 through 031 389 - 730 -033 389 - 731 -001 through 028 CITY OF LAKE ELSINORE 130 S. Main Street 389- 020 -056 Lake Elsinore, CA 92530 389- 020 -058 ELSINORE VALLEY MUNICIPAL WATER DISTRICT 31315 Chaney Street 389- 020 -050 Lake Elsinore, CA 92530 389- 020 -057 389.020 -059