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Home My WebLink AboutCC Reso No 2016-037 CC Reso CFD 2014-4 Terracina Levy Special Tax Calling an ElectionRESOLUTION NO. 2016 -037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2015 -4 OF THE CITY OF LAKE ELSINORE (TERRACINA), AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN, CALLING AN ELECTION AND APPROVING AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore (the "City ") has heretofore adopted Resolution No. 2016 -023 stating its intention to form Community Facilities District No. 2015 -4 of the City of Lake Elsinore (Terracina) ( "Community Facilities District No. 2015 -4" or the "District ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act "); and, WHEREAS, a copy of Resolution No. 2016 -023 setting forth a description of the proposed boundaries of Community Facilities District No. 2015 -4, the facilities, services and incidental expenses to be financed by the District and the rate and method of apportionment of the special tax proposed to be levied within the District is on file with the City Clerk; and, WHEREAS, notice was published and mailed to all landowners of the land proposed to be included within the District as required by law relative to the intention of this Council to form proposed Community Facilities District No. 2015 -4 and to levy a special tax and to incur bonded indebtedness in the amount of up to $20,000,000 therein to finance the facilities and incidental expenses described in Resolution No. 2016 -023; and, WHEREAS, on April 12, 2016, this Council conducted a noticed public hearing as required by law relative to the proposed formation of Community Facilities District No. 2015 -4, the levy of the special tax therein and the issuance of bonded indebtedness by the District; and, WHEREAS, at the April 12, 2016, public hearing there was filed with this Council a report containing a description of the facilities necessary to meet the needs of the District and an estimate of the cost of such facilities and services as required by Section 53321.5 of the Act (the "Engineer's Report"); and, WHEREAS, at the April 12, 2016, public hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2015 -4, the levy of the special tax and the issuance of bonded indebtedness were heard and full and fair hearings were held; and, WHEREAS, following the public hearing, this Council has determined to authorize the formation of the District to finance the types of facilities (the "Facilities "), the services (the "Services ") and the incidental expenses (the "Incidental Expenses ") set forth in Attachment "B" hereto, which are described in more detail in the Engineer's Report; and, WHEREAS, at the public hearing evidence was presented to this Council on the matters before it, and the proposed special tax to be levied within the District was not precluded by a majority protest of the type described in Section 53324 of the Act, and this Council at the CITY COUNCIL RESOLUTION NO. 2016 -037 PAGE 2OF6 conclusion of the hearing was fully advised as to all matters relating to the formation of the District, the levy of the special tax and the issuance of bonded indebtedness therein; and, WHEREAS, this Council has determined, based on a Certificate of Registrar of Voters of the County of Riverside on file in the office of the City Clerk, that no registered voters have been residing in the proposed boundaries of Community Facilities District No. 2015 -4 for each of the 90 days prior to April 12, 2016, and that the qualified electors in Community Facilities District No. 2015 -4 are the landowners within the District; and, WHEREAS, on the basis of all of the foregoing, this Council has determined to proceed with the establishment of Community Facilities District No. 2015 -4 and to call an election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment "A" attached hereto, (ii) the issuance of bonds to finance the Facilities and Incidental Expenses, and (iii) the establishment of an appropriations limit for Community Facilities District No. 2015 -4; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. Each of the above recitals is true and correct. Section 2. A community facilities district to be designated "Community Facilities District No. 2015 -4 of the City of Lake Elsinore (Terracing)" is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act. Section 3. The boundaries of Community Facilities District No. 2015 -4 are established as shown on the map designated "Map of Proposed Boundaries of Community Facilities District No. 2015 -4 of the City of Lake Elsinore (Terracing) ", which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor - County Clerk- Recorder's office of the County of Riverside in Book No. 79 Page No. 50, on March 14, 2016 as Instrument No. 2016 - 0097921. Section 4. The types of Facilities, Services and Incidental Expenses authorized to be provided for Community Facilities District No. 2015 -4 are those set forth in Attachment "B" attached hereto. The estimated cost of the Facilities, Services and Incidental Expenses to be financed is set forth in the Engineer's Report, which estimates may change as the Facilities are designed and bid for construction and acquisition, as applicable. The City is authorized by the Act to contribute revenue to, or to construct or acquire the Facilities, all in accordance with the Act. The Council finds and determines that the proposed Facilities and Services are necessary to meet the increased demand that will be placed upon local agencies and public infrastructure as a result of new development within the District and that the Facilities to be financed, including those to be financed pursuant to a joint community facilities agreement to be entered into with the Elsinore Valley Municipal Water District (the "Water District "), benefit residents of the City and the future residents of the District. The District anticipates entering into a join community facilities agreement with the Water District prior to the approval of the issuance of bonds pursuant to the Act. CITY COUNCIL RESOLUTION NO. 2016 -037 PAGE 3OF6 Section 5. Except where funds are otherwise available, it is the intention of this City Council, subject to the approval of the eligible voters of the District, to levy annually a special tax at the rates set forth in Attachment "A" hereto on all non - exempt property within the District sufficient to pay for (i) the Facilities and the Services, (ii) the principal and interest and other periodic costs on the bonds proposed to be issued to finance the Facilities and Incidental Expenses, including the establishment and replenishment of reserve funds, any remarketing, credit enhancement and liquidity facility fees and other expenses of the type permitted by Section 53345.3 of the Act; and (iii) the Incidental Expenses. The District expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the District, the issuance of bonds, the levying and collecting of the special tax, the completion and inspection of the Facilities and the annual administration of the bonds and the District. The rate and method of apportionment of the special tax is described in detail in Attachment "A" hereto and incorporated herein by this reference, and the Council hereby finds that Attachment "A" contains sufficient detail to allow each landowner within the District to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the Engineer's Report, which is incorporated by reference herein, the special tax is based on the expected demand that each parcel of real property within Community Facilities District No. 2015 -4 will place on the Facilities and the Services and on the benefit that each parcel will derive from the right to access the Facilities, the Services and, accordingly, is hereby determined to be reasonable. The Special Tax A, Special Tax B and Special Tax C (Contingent) (each as defined in the rate and method of apportionment of the special tax) shall be levied on each assessor's parcel in accordance with the rate and method of apportionment provided, however, that the Special Tax A shall not be levied after Fiscal Year 2057 -58. The special tax is apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the ownership of real property or the assessed value of real property. If special taxes of the District are levied against any parcel used for private residential purposes, (i) the maximum special tax rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to the special tax because of its use for private residential purposes and shall not be increased over time, except that it may be increased by an amount not to exceed two percent (2 %) per year to the extent permitted in the rate and method of apportionment of the special tax set forth in Attachment 'A," (ii) Special Tax A shall not be levied after Fiscal Year 2057 -58, and (iii) under no circumstances will the special tax levied against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. The City Manager of the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California 92530, telephone number (951) 674 -3124, will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor's parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. CITY COUNCIL RESOLUTION NO. 2016 -037 PAGE 4 OF 6 Section 6. In the event that a portion of the property within Community Facilities District No. 2015 -4 shall become for any reason exempt, wholly or partially, from the levy of the special tax specified in Attachment "A" hereto, or in the event of delinquencies in the payment of special taxes levied, the Council shall, on behalf of Community Facilities District No. 2015 -4, increase the levy to the extent necessary and permitted by law and these proceedings upon the remaining property within Community Facilities District No. 2015 -4 which is not exempt or delinquent in order to yield the required debt service payments on any outstanding bonds of the District, or to prevent the District from defaulting on any of its other obligations or liabilities; provided, however, under no circumstances will the special tax levied against any parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. The amount of the special tax will be set in accordance with the rate and method of apportionment of the special tax attached hereto as Attachment "A." The obligation to pay special taxes may be prepaid only as set forth in Section G of Attachment "A" hereto. Section 7. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non - exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the special tax by the District ceases. Section 8. Consistent with Section 53325.6 of the Act, the Council finds and determines that the land within Community Facilities District No. 2015 -4, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within Community Facilities District No. 2015 -4 and will be benefited by the Facilities and the Services proposed to be provided within Community Facilities District No. 2015 -4. Section 9. It is hereby further determined that there is no ad valorem property tax currently being levied on property within proposed Community Facilities District No. 2015 -4 for the exclusive purpose of paying the principal of or interest on bonds or other indebtedness incurred to finance the construction of capital facilities which provide the same services to the territory of Community Facilities District No. 2015 -4 as are proposed to be provided by the Facilities to be financed by Community Facilities District No. 2015 -4. Section 10. Written protests against the establishment of the District have not been filed by one -half or more of the registered voters within the boundaries of the District or by the property owners of one -half (1/2) or more of the area of land within the District. The Council hereby finds that the proposed special tax has not been precluded by a majority protest pursuant to Section 53324 of the Act. Section 11. An election is hereby called for Community Facilities District No. 2015 -4 on the propositions of levying the special tax on the property within Community Facilities District No. 2015 -4 and establishing an appropriations limit for the District pursuant to Section 53325.7 of the Act and shall be consolidated with the election on the proposition of incurring bonded indebtedness, pursuant to Sections 53351 and 53353.5 of the Act. The language of the propositions to be placed on the ballot is attached hereto as Attachment "C." CITY COUNCIL RESOLUTION NO. 2016 -037 PAGE 5 OF 6 Section 12. The date of the election for Community Facilities District No. 2015 -4 on the propositions of incurring the bonded indebtedness, authorizing the levy of the special tax and establishing an appropriations limit for the District shall be April 12, 2016, or such later date as is consented to by the City Clerk of the City of Lake Elsinore; provided that, if the election is to take place sooner than 90 days after April 12, 2016, then the unanimous written consent of each qualified elector within the District to such election date must be obtained. The polls shall be open for said election immediately following the close of the public hearing on April 12, 2016. The election shall be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Lake Elsinore insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of this resolution, and all ballots shall be received by, and the City Clerk shall close the election by, 11:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act. Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person, or by mail with return postage prepaid, to the qualified electors within Community Facilities District No. 2015 -4. The City Clerk has secured a certificate from the Registrar of Voters of the County of Riverside certifying that there were no registered voters within the District as of March 8, 2016. Accordingly, since there were fewer than 12 registered voters within the District for each of the 90 days preceding April 12, 2016, the qualified electors shall be the landowners within the District and each landowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof that such landowner owns within Community Facilities District No. 2015 -4, as provided in Section 53326 of the Act. The sole landowner within the District has executed and delivered a waiver of certain election law requirements and consenting to the holding of the election on April 12, 2016, which waiver is on file with the City Clerk. Section 13. The preparation of the Engineer's Report is hereby ratified. The Engineer's Report, as submitted, is hereby approved and was made a part of the record of the public hearing regarding the formation of Community Facilities District No. 2015 -4. The Engineer's Report is ordered to be kept on file with the transcript of these proceedings and open for public inspection. Section 14. This Resolution shall be effective upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 12th day of April, 2016. r 136 . Tisd- e, Mayo ATTEST: APPROVED AS T M: Fr Susan M. Doman, MMC, City Clerk 8 rk ra Leibold, eity Attorney CITY COUNCIL RESOLUTION NO. 2016 -037 PAGE 6OF6 STATE OF CALIFORNIA SS COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016 -037 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 12th day of April, 2016 by the following vote: AYES: Council Members Manos, Johnson and Hickman, Mayor Pro Tern Magee, and Mayor Tisdale NOES: None ABSTAIN: None ABSENT: None Susan M. Domen, MMC, City Clerk ATTACHMENT "A" RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2015 -4 OF THE CITY OF LAKE ELSINORE (TERRACINA) A Special Tax (all capitalized terms are defined in Section A, "Definitions ", below) shall be applicable to each Assessor's Parcel of Taxable Property located within the boundaries of the City of Lake Elsinore Community Facilities District No. 2015 -4 (Terracina) ( "CFD No. 2015 -4 "). The amount of Special Tax to be levied in each Fiscal Year, on an Assessor's Parcel, shall be determined by the City Council of the City of Lake Elsinore, acting in its capacity as the legislative body of the CFD No. 2015 -4 by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, Public Property and /or Property Owner's Association Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map 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 (commencing with Section 53311) of 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 CFD No. 2015 -4: 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 Special Taxes A to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2015 -4 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2015 -4 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2015 -4 or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2015- 4 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 CFD No. 2015 -4 for any other administrative purposes of CFD No. 2015 -4, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. A -1 "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 1St preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before March 1St 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 A" means the Special Tax of that name described in Section D below. "Backup Special Tax A" means the Special Tax of that name described in Section D below. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long -term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long -term contracts, or any refunding thereof, to which Special Tax A within CFD No. 2015 -4 have been pledged. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Building Permit" may or may not include any subsequent building permitsdocument(s) authorizing new construction on an Assessor's Parcel that are issued or changed by the City after the firstoriginal issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax A to the Assessor's Parcel, provided that following such determination the Maximum Special Tax A that may be levied on all Assessor's Parcels of Taxable Property will be at least 1.1 times maximum annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses. "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 for such Assessor's Parcel. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD Administrator" means an official of the City, or designee thereof, responsible for (i) determining the Special Tax A Requirement, (ii) determining the Special Tax B Requirement, (iii) determining the Special Tax C (Contingent) Requirement, and (iv) providing for the levy and collection of the Special Taxes. "CFD" or "CFD No. 2015 -4" means Community Facilities District No. 2015 -4 (Terracing) established by the City under the Act. A -2 "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. 2015 -4, or its designee. "Condominium Plan" means a condominium plan as set forth in the California Civil Code, Section 1352. "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 1St 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 March 1St 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 F. "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 Section 1352 that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1St of any year and ending the following June 30t" "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 Category" means any of the categories listed in Table 1 of Section D and Table 2 of Section M. "Maximum Special Tax A" means the maximum Special Tax A, determined in accordance with Section D below, that can be levied by CFD No. 2015 -4 in any Fiscal Year on any Assessor's Parcel. "Maximum Special Tax B" means the Maximum Special Tax B, as determined in accordance with Section M below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2015 -4. "Maximum Special Tax C (Contingent)" means the Maximum Special Tax C (Contingent), as determined in accordance with Section S below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2015 -4. "Multifamily Property" means all Assessor's Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the Administrator. FEW "Non- Residential Property" or "NR" means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non - residential use. The Administrator shall make the determination if an Assessor's Parcel is Non - Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax A obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Special Tax A obligation in full for an Assessor's Parcel, as described in Section G. "Property Owner's Association Property" or "POA" means all Assessor's Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub - association. "Proportionately" means for Taxable Property for Special Tax A that is (i) Developed Property, that the ratio of the actual Special Tax A levy to the Assigned Special Tax A is the same for all Assessor's Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is the same for all Assessor's Parcels of Approved Property, and (iii) Undeveloped Property, Public Property and Property Owner's Association Property, that the ratio of the actual Special Tax A levy per Acre to the Maximum Special Tax A per Acre is the same for all Assessor's Parcels of Undeveloped Property, Public Property and Property Owner's Association Property. For Special Tax B that is (i) Developed Property, that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is the same for all Assessor's Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is the same for all Assessor's Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax B levy per Acre to the Maximum Special Tax B per Acre is the same for all Assessor's Parcels of Undeveloped Property. For Special Tax C (Contingent) that is (i) Developed Property, that the ratio of the actual Special Tax C (Contingent) levy to the Maximum Special Tax C (Contingent) is the same for all Assessor's Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax C (Contingent) levy to the Maximum Special Tax C (Contingent) is the same for all Assessor's Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax C (Contingent) levy per Acre to the Maximum Special Tax C (Contingent) per Acre is the same for all Assessor's Parcels of Undeveloped Property. "Public Property" means all Assessor's Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, are used for rights -of -way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "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 Units. "Residential Unit" or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. A -4 " Service(s)" means services permitted under the Mello -Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2015 -4 as set forth in the documents adopted by the City Council at the time the CFD was formed. "Single Family Residential Property" means all Assessor's Parcels of Residential Property other than Multifamily Property on an Assessor's Parcel. "Special Tax(es)" means any of the special taxes authorized to be levied within CFD No. 2015- 4 pursuant to the Act. "Special Tax A" means any of the special taxes authorized to be levied within CFD No. 2015 -4 pursuant to the Act to fund the Special Tax A Requirement. "Special Tax A Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax A delinquencies, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2015 -4 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax A on Undeveloped Property as set forth in Step Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Special Tax B" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax B Requirement. "Special Tax B Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2015 -4 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for Special Tax B Services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Special Tax B Services as determined by the CFD Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax B Requirement include funds for Bonds. "Special Tax B Services" means the maintenance and operation of the improvements described in Exhibit "A" attached hereto beginning with the date of City acceptance of each improvement for maintenance purposes. "Special Tax C (Contingent)" means the Special Tax C (Contingent) to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax C (Contingent) Requirement, if required. "Special Tax C (Contingent) Requirement" means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Special Tax C (Contingent) Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Special Tax C (Contingent) Services as determined by the CFD Administrator; less a credit for funds available to reduce the annual Special Tax C (Contingent) levy as determined by the CFD Administrator. M11 Special Tax C (Contingent) Services" means the City's maintenance and operation of the improvements described in Exhibit "B" attached hereto following the POA's default of its obligation to maintain such improvements, which default shall be deemed to have occurred in each of the circumstances described in Section Q. "Taxable Property" means all Assessor's Parcels within CFD No. 2015 -4, which are not Exempt Property. "Taxable Unit" means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision. "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, Public Property or Property Owner's Association Property. B. SPECIAL TAX A Commencing Fiscal Year 2016 -2017 and for each subsequent Fiscal Year, the City Council shall levy Special Tax A on all Taxable Property, up to the applicable Maximum Special Tax A to fund the Special Tax A Requirement. C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX A Each Fiscal Year, beginning with Fiscal Year 2016 -2017, each Assessor's Parcel within CFD No. 2015 -4 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 Public Property and /or Property Owner's Association Property. Assessor's ParcelS of Developed Property shall further be classified as Residential Property or Non - Residential Property. Each Assessor's Parcel of Residential Property shall further be classified as a Single Family Residential Property, or Multifamily Property. Each Assessor's Parcel of Single Family Residential Property shall be further categorized into Land Use Categories based on its Building Square Footage and assigned to its appropriate Assigned Special Tax A rate. le Ji /_1: /Ii5l11J►&i 2=91 /_1M1_X1<_1 1. Developed Pronert The Maximum Special Tax A for each Assessor's Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax A or (ii) the Backup Special Tax A. The Maximum Special Tax A for each Assessor's Parcel of Non - Residential Property or Multifamily Residential Property shall be the applicable Assigned Special Tax A described in Table 1 of Section D. Eve a. Assigned Special Tax A Each Fiscal Year, each Assessor's Parcel of Single Family Residential Property, Multifamily Property, or Non - Residential Property shall be subject to an Assigned Special Tax A. The Assigned Special Tax A applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2016 -2017 shall be determined pursuant to Table 1 below. A -7 TABLE 1 ASSIGNED SPECIAL TAX A FOR DEVELOPED PROPERTY Section' ssigned Sec Special Tax Section 15. Land Use axable Section 17. B Per Taxable ION Unit uildinq Square Footage Unit 1. Single Family Residential Property 2. Single Family Residential Property 3. Single Family Residential Property 4. Single Family Residential Property 5. Single Family Residential Property 6. Single Family Residential Property 7. Single Family Residential Pro pert 8. Single Family Residential Property 9. Multifamily Property 10. Non - Residential Propertv RU RU Less than 1,750 sq. ft $1,690 1,751 sq. ft to 1,950 sq. ft $1,793 RU_ RU 1,951 sq. ft to 2,250 sq. _ ft 2,251 sq. ft to 2,550 sq _ ft $1,895 $2,120 RU 2,551 sq. ft to 2,850 sq. ft $2,405 RU 2,851 sq. ft to 3,350 sq. ft $2,608 RU 3,351 sq. ft to 3,750 sq. ft $2,810 $3,158 RU Greater than 3,751 Acres N/A $14,856 Acres N/A $14,856 On each July 1, commencing July 1, 2017, the Assigned Special Tax A rate for Developed Property shall be increased by one percent (1.00 %) of the amount in effect in the prior Fiscal Year. b. Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax A levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A for all Land Use Categories located on the Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. c. Backup Special Tax A The Backup Special Tax A for an Assessor's Parcel within a Final Map classified or to be classified as Single Family Property shall be $2,442 per unit. This Backup Special Tax A has been established based on the land use configurations shown on the Final Map. In the event any portion of the Final Map is changed or modified, the Backup Special Tax A for all Assessor's Parcels within such changed or modified area shall be $14,856 per Acre. In the event any superseding Final Map is recorded as a Final Map within the Boundaries of the CFD, the Backup Special Tax A for all Assessor's Parcels within such Final Map shall be $14,856 per Acre. A -8 The Backup Special Tax A shall not apply to Multifamily Residential Property, Non - Residential Property, Public Property, or Property Owners' Association Property. On each July 1, commencing July 1, 2017, the Backup Special Tax A rate shall be increased by one percent (1.00 %) of the amount in effect in the prior Fiscal Year. 2. Approved Property The Maximum Special Tax A for each Assessor's Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax A computed pursuant to Section D.1.c above. The Maximum Special Tax A for each Assessor's Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non - Residential Property shall be $14,856 per Acre. On each July 1, commencing July 1, 2017, the Maximum Special Tax A rate for Approved Property shall be increased by one percent (1.00 %) of the amount in effect in the prior Fiscal Year. 3. Undeveloped Property, Public Property, and Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section F The Maximum Special Tax A for each Assessor's Parcel of Undeveloped Property, Public Property and /or Property Owners Association Property that is not Exempt Property shall be equal to the product of $14,856 multiplied by the Acreage of such Assessor's Parcel. On each July 1, commencing July 1, 2017, the Maximum Special Tax A rate for Undeveloped, Public Property, and Property Owners Association Property shall be increased by one percent (1.00 %) of the amount in effect in the prior Fiscal Year. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX A Commencing Fiscal Year 2016 -2017 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes A on all Taxable Property in accordance with the following steps: Step One: The Special Tax A shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax A rates in Table 1 to satisfy the Special Tax A Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax A applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to Me 100% of the Maximum Special Tax A applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, then the Special Tax A on each Assessor's Parcel of Developed Property whose Maximum Special Tax A is the Backup Special Tax A shall be increased Proportionately from the Assigned Special Tax A up to 100% of the Backup Special Tax A as needed to satisfy the Special Tax A Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax A Requirement after the first four steps have been completed, the Special Tax A shall be levied Proportionately on each Assessor's Parcel of Public Property or Property Owner's Association Property up to 100% of the Maximum Special Tax A applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement. Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor's Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax A applicable to any other Assessor's Parcel be increased by more than ten percent (10 %) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default. F. EXEMPTIONS The City shall classify as Exempt Property, in the following 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 74.29 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 74.29 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 74.29 Acres will be classified as Undeveloped Property, and will be subject to Special Tax A pursuant to Step Five in Section E. G. PREPAYMENT OF SPECIAL TAX A The following additional definitions apply to this Section G: "CFD Public Facilities" means $21,225,000 expressed in 2016 dollars, which shall increase by the Construction Inflation Index on July 1, 2017, 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 A -10 authorized bonding program for CFD No. 2015 -4, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax A 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. 2015 -4. "Construction Inflation Index" means the annual percentage change in the Engineering News - Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News - Record Building Cost Index for the city of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Tax A 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 Tax A. Prepayment in Full The Maximum Special Tax A obligation may be prepaid and permanently satisfied for (i) Assessor's Parcels of Developed Property, (ii) Assessor's Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved or Undeveloped Property for which a Building Permit has not been issued, and (iv) Assessor's Parcels of Public Property or Property Owner's Association Property that are not Exempt Property pursuant to Section F. The Maximum Special Tax A obligation applicable to an Assessor's Parcel may be fully prepaid and the obligation to pay the Special Tax A for such Assessor's Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Special Tax A obligation for such Assessor's Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non - refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor's Parcel. Within 15 days of receipt of such non - refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor's Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below): A -11 follows: The Prepayment Amount shall be determined as of the proposed prepayment date as 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel, 2. For an Assessor's Parcel of Developed Property, compute the Maximum Special Tax A for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax A for the Assessor's Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property or Property Owner's Association Property to be prepaid, compute the Maximum Special Tax A for the Assessor's Parcel. 3. Divide the Maximum Special Tax A derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax A at build out of all Assessor's Parcels of Taxable Property based on the applicable Maximum Special Tax A for Assessor's Parcels of Developed Property not including any Assessor's Parcels for which the Special Tax A obligation has been previously prepaid. 4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the "Bond Redemption Amount "). 5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium "). 6. Determine the Future Facilities Costs. 7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor's Parcel (the "Future Facilities Amount "). 8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and /or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax A prepayments. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. A -12 Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit Equals: Prepayment Amount The Prepayment Amount shall be determined as of the proposed prepayment date as 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel, 2. For an Assessor's Parcel of Developed Property, compute the Maximum Special Tax A for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax A for the Assessor's Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property or Property Owner's Association Property to be prepaid, compute the Maximum Special Tax A for the Assessor's Parcel. 3. Divide the Maximum Special Tax A derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax A at build out of all Assessor's Parcels of Taxable Property based on the applicable Maximum Special Tax A for Assessor's Parcels of Developed Property not including any Assessor's Parcels for which the Special Tax A obligation has been previously prepaid. 4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the "Bond Redemption Amount "). 5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium "). 6. Determine the Future Facilities Costs. 7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor's Parcel (the "Future Facilities Amount "). 8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and /or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax A prepayments. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. A -12 10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount. 11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the "Defeasance Amount "). 12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax A obligation for the Assessor's Parcel and the redemption of Outstanding Bonds (the "Administrative Fees and Expenses "). 13. The reserve fund credit (the "Reserve Fund Credit ") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit. 15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax A prepayments of Outstanding Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax A levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax A levy for the Assessor's Parcel from the County tax roll. With respect to any Assessor's Parcel for which the Maximum Special Tax A obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax A obligation and the release of the Special Tax A lien for the Assessor's Parcel, and the obligation to pay the Special Tax A for such Assessor's Parcel shall cease. Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless the amount of Maximum Special Tax A that may be levied on all Assessor's Parcels of Taxable A -13 Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses. Tenders of Bonds in prepayment of the Maximum Special Tax A obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case -by -case basis as specifically approved by the City Council. 2. Prepayment in Part The Maximum Special Tax A obligation for an Assessor's Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula: PP = ((PE —A) x F) +A These terms have the following meaning: PP = Partial Prepayment PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Special Tax A obligation A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special Tax A obligation for the Assessor's Parcel shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Special Tax A obligation, (ii) the percentage of the Maximum Special Tax A obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non - refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non - refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment for the Assessor's Parcel. A Partial Prepayment must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment. With respect to any Assessor's Parcel for which the Maximum Special Tax A obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Assessor's Parcel and that a portion of the Special Tax A obligation equal to the remaining percentage (1.00 - F) of Special Tax A obligation will continue on the Assessor's Parcel pursuant to Section E. TERMINATION OF SPECIAL TAX A For each Fiscal Year that any Bonds are outstanding the Special Tax A shall be levied on all Assessor's Parcels subject to the Special Tax A. The Special Tax A shall cease not later than the 2057 -58 Fiscal Year, however, Special Tax A will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required A -14 interest and principal payments on the CFD No. 2015 -4 Bonds have been paid; (ii) all authorized facilities of CFD No. 2015 -4 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax A remain uncollected and (iv) all other obligations of CFD No. 2015 -4 have been satisfied. J. MANNER OF COLLECTION The Special Tax A shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2015 -4 may collect Special Tax A 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. K. SPECIAL TAX B Commencing Fiscal Year 2016 -2017 and for each subsequent Fiscal Year, the City Council shall levy Special Tax B on all Taxable Property, up to the applicable Maximum Special Tax B to fund the Special Tax B Requirement. L. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX B For each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 2015 -4 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections M and N below. Assessor's Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non - Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi - Family Property. For Single Family Residential Property the number of Residential Units shall be determined by the CFD Administrator. M. MAXIMUM SPECIAL TAX B For purposes of determining the applicable Maximum Special Tax B for Assessor's Parcels of Developed Property which are classified as Single Family Residential Property, all such Assessor's Parcels shall be assigned the number of Residential Unit(s) constructed thereon as specified in or shown on the Building Permit(s) issued or Final Map as determined by the CFD Administrator. Once a single family attached building or buildings have been built on an Assessor's Parcel, the CFD Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax B levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax B per Residential Unit identified for the tract. For purposes of determining the applicable Maximum Special Tax B for Assessor's Parcels of Developed Property and Approved Property which are classified as Multifamily Property or Non - Residential Property, all such Assessor's Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the CFD Administrator. Once the CFD Administrator determines the actual number of Acres for the Assessor's Parcels, the Special Tax B levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the number of Acres by the Maximum Special Tax per Taxable Unit. A -15 1. Developed Property a. Maximum Special Tax B The Maximum Special Tax B for each Assessor's Parcel of Taxable Property for Fiscal Year 2016 -2017 is identified in Table 2 below: TABLE 2 MAXIMUM SPECIAL TAX B FOR DEVELOPED PROPERTY Land Use 1. Single Family Residential Pro 2. Multifamily Property 3. Non - Residential Property Taxable Maximum Special Tax Unit Per Taxable Unit RU $322 Acre $2,177 Acre $2,177 On each July 1, commencing on July 1, 2017 the Maximum Special Tax B for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0 %), whichever is greater. b. Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Approved Property and Undeveloped Property The Maximum Special Tax B for each Assessor's Parcel of Approved Property and Undeveloped Property for Fiscal Year 2016 -2017 is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX B RATES Maximum Special Tax B Per Acre $2,177 On each July 1, commencing on July 1, 2017 the Maximum Special Tax B for Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0 %), whichever is greater. (a) N. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX Commencing with Fiscal Year 2016 -2017 and for each following Fiscal Year, the Council shall determine the Special Tax B Requirement and shall levy the Special Tax B on all Assessor's Parcels of Taxable Property until the aggregate amount of Special Tax B equals the Special Tax B Requirement. The Special Tax B shall be levied for each Fiscal Year as follows: Step One: The Special Tax B shall be levied Proportionately on all Assessor's Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax B Requirement; Step Two: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax B for Approved Property; Step Three: If additional monies are needed to satisfy the Special Tax B Requirement after the first two steps has been completed, the Special Tax B shall be levied Proportionately on all Assessor's Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B for Undeveloped Property. O. DURATION OF SPECIAL TAX B The Special Tax B shall be levied in perpetuity to fund the Special Tax B Requirement, unless no longer required as determined at the sole discretion of the City Council. P. MANNER OF COLLECTION The Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2015 -4 may collect the Special Tax B at a different time or in a different manner if necessary to meet its funding requirements. Q. SPECIAL TAX C (CONTINGENT) The City Council shall levy Special Tax C (Contingent) commencing in the first Fiscal Year following the POA's default of its obligation to maintain the improvements described in Exhibit "B" attached hereto, which default shall be deemed to have occurred in each of the following circumstances: (i) the POA files for bankruptcy; (ii) the POA is dissolved; (iii) the POA ceases to levy annual assessments for the maintenance of the improvements described above; or A -17 (iv) the POA fails to maintain such improvements at the same level as the City maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy such maintenance deficiency to the reasonable satisfaction of the City Council. R. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX C (CONTINGENT) For each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 2015 -4 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections S and T below. Assessor's Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non - Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi - Family Property. For Single Family Residential Property the number of Residential Units shall be determined by the CFD Administrator. S. MAXIMUM SPECIAL TAX C (CONTINGENT) For purposes of determining the applicable Maximum Special Tax C (Contingent) for Assessor's Parcels of Developed Property which are classified as Single Family Residential Property, all such Assessor's Parcels shall be assigned the number of Residential Unit(s) constructed thereon as specified in or shown on the Building Permit(s) issued as determined by the CFD Administrator. Once a single family attached building or buildings have been built on an Assessor's Parcel, the CFD Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax C (Contingent) levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax C (Contingent) per Residential Unit identified for the Assessor's Parcel. For purposes of determining the applicable Maximum Special Tax C (Contingent) for Assessor's Parcels of Developed Property and Approved Property which are classified as Multifamily Property or Non - Residential Property, all such Assessor's Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the CFD Administrator. Once the CFD Administrator determines the actual number of Acres for the Assessor's Parcels, the Special Tax C (Contingent) levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the number of Acres by the Maximum Special Tax per Acre. 1. Developed Property a. Maximum Special Tax C (Contingent) The Maximum Special Tax C (Contingent) for each Assessor's Parcel of Taxable Property for Fiscal Year 2016 -2017 is identified in Table 2 below: A-18 TABLE 2 MAXIMUM SPECIAL TAX C (CONTINGENT) FOR DEVELOPED PROPERTY Land Use 1. Single Family Residential Property 2. Multifamilv Property 3. Non - Residential Pro Taxable Unit Acre Maximum Special Tax Per Taxable Unit $299 $2,021 $2,021 On each July 1, commencing on July 1, 2017 the Maximum Special Tax C (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0 %), whichever is greater. b. Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax C (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax C (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Approved Property and Undeveloped_ Property The Maximum Special Tax C (Contingent) for each Assessor's Parcel of Approved Property and Undeveloped Property for Fiscal Year 2016 -2017 is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX C (CONTINGENT) RATES Maximum Special Tax C (Contingent) Per Acre $2,021 On each July 1, commencing on July 1, 2017 the Maximum Special Tax C (Contingent) for Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982- 84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0 %), whichever is greater. T. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX Commencing with Fiscal Year 2016 -2017 and for each following Fiscal Year, the Council shall determine the Special Tax C (Contingent) Requirement and shall levy the Special Tax C (Contingent) on all Assessor's Parcels of Taxable Property until the aggregate amount of Special Tax C (Contingent) equals the Special Tax C (Contingent) Requirement. The Special Tax C (Contingent) shall be levied for each Fiscal Year as follows: A -19 Step One: The Special Tax C (Contingent) shall be levied Proportionately on all Assessor's Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax C (Contingent) Requirement; Step Two: If additional moneys are needed to satisfy the Special Tax C (Contingent) Requirement after the first step has been completed, the Special Tax C (Contingent) shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax C (Contingent) for Approved Property; Step Three: If additional monies are needed to satisfy the Special Tax C (Contingent) Requirement after the first two steps has been completed, the Special Tax C (Contingent) shall be levied Proportionately on all Assessor's Parcels of Undeveloped Property up to 100% of the Maximum Special Tax C (Contingent) for Undeveloped Property. U. DURATION OF SPECIAL TAX C (CONTINGENT) The Special Tax C (Contingent) shall be levied in perpetuity to fund the Special Tax C (Contingent) Requirement, unless no longer required as determined at the sole discretion of the City Council. V. MANNER OF COLLECTION OF SPECIAL TAX C (CONTINGENT) The Special Tax C (Contingent) shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2015 -4 may collect the Special Tax C (Contingent) at a different time or in a different manner if necessary to meet its funding requirements. W. APPEALS OF SPECIAL TAXES Any taxpayer may file a written appeal of the Special Taxes on his /her Assessor's Parcel(s) with the CFD Administrator, provided that the appellant is current in his /her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant's Assessor's Parcel(s). No refunds of previously paid Special Taxes shall be made. The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified. A -20 EXHIBIT "A" DESCRIPTION OF AUTHORIZED SPECIAL TAX B SERVICES COMMUNITY FACILITIES DISTRICT NO. 2015 -4 (TERRACINA) OF THE CITY OF LAKE ELSINORE The services which may be funded with proceeds of Special Tax B of CFD No. 2015 -4, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and /or replacing landscaped areas (may include reserves for replacement) in public street right -of -ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right -of -way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2015 -4; as well as local roads within residential subdivisions located within CFD No. 2015 -4; and any portions adjacent to the properties within CFD No. 2015 -4; and In addition to payment of the cost and expense of the forgoing services, proceeds of Special Tax B may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. A -21 EXHIBIT "B" DESCRIPTION OF AUTHORIZED SPECIAL TAX C SERVICES COMMUNITY FACILITIES DISTRICT NO. 2015 -4 (TERRACINA) OF THE CITY OF LAKE ELSINORE The services which may be funded with proceeds of Special Tax C (Contingent) of CFD No. 2015 -4, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and /or replacing water quality improvements (may include reserves for replacement) in public street right -of -ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. The authorized Special Tax C Services include the maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance of natural, upgraded open space /hillsides including the fuel modification areas; maintenance and repair of irrigation facilities; maintenance and operation of water quality improvements, which include the bio- retention facility and appurtenances, which shall be maintained as described in the adopted Terracina Specific Plan on file with the City of Lake Elsinore and as an exhibit in the Public Hearing Report. Maintenance services may include, but are not limited to the repair, removal or replacement of all or part of any of the water quality improvements In addition to payment of the cost and expense of the forgoing services, proceeds of Special Tax C (Contingent) may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. A -22 ATTACHMENT "B" Types of Facilities to Be Types of Facilities to Be Financed by Community Facilities District No. 2015 -4 of the City of Lake Elsinore The proposed types of public facilities and expenses to be financed by the District include: The construction, purchase, modification, expansion, rehabilitation and /or improvement of (i) drainage, library, park, roadway and other public facilities of the City, including the foregoing public facilities which are included in the City's fee programs with respect to such facilities and authorized to be financed under the Mello -Roos Community Facilities Act of 1982, as amended (the "City Facilities ") and (ii) water and sewer facilities including the acquisition of capacity in the sewer system and /or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal Water District's water and sewer capacity and connection fee programs (the "Water District Facilities" and together, with the City Facilities, the "Facilities "), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including: a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and C. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities. Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District. ME Types of Services to Be Financed by Community Facilities District No. 2015 -4 of the City of Lake Elsinore The services which may be funded with proceeds of Special Tax B of CFD No. 2015 -4, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and /or replacing landscaped areas (may include reserves for replacement) in public street right -of -ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right -of -way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2015 -4; as well as local roads within residential subdivisions located within CFD No. 2015 -4; and any portions adjacent to the properties within CFD No. 2015 -4; and In addition to payment of the cost and expense of the forgoing services, proceeds of Special Tax B may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for CFD No. 2015 -4. li Types of Services to Be Financed by Community Facilities District No. 2015 -4 of the City of Lake Elsinore The services which may be funded with proceeds of Special Tax C (Contingent) of CFD No. 2015 -4, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and /or replacing water quality improvements (may include reserves for replacement) in public street right -of -ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. The authorized Special Tax C Services include the maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance of natural, upgraded open space /hillsides including the fuel modification areas; maintenance and repair of irrigation facilities; maintenance and operation of water quality improvements, which include the bio- retention facility and appurtenances, which shall be maintained as described in the adopted Terracina Specific Plan on file with the City of Lake Elsinore and as an exhibit in the Public Hearing Report. Maintenance services may include, but are not limited to the repair, removal or replacement of all or part of any of the water quality improvements. In addition to payment of the cost and expense of the forgoing services, proceeds of Special Tax C (Contingent) may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for CFD No. 2015 -4. WK ATTACHMENT "C" BALLOT PROPOSITIONS COMMUNITY FACILITIES DISTRICT NO. 2015 -4 OF THE CITY OF LAKE ELSINORE (TERRACINA) SPECIAL TAX AND SPECIAL BOND ELECTION April 12, 2016 PROPOSITION A: Shall Community Facilities District No. 2015 -4 of the City of Lake Elsinore (Terracina) (the "District") incur an indebtedness and issue bonds in the maximum principal amount of $20,000,000, with interest YES at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the NO_ Incidental Expenses described in Resolution No. 2016- 023 of the City Council of the City of Lake Elsinore establishing the District? PROPOSITION B: Shall a special tax with a rate and YES method of apportionment as provided in Resolution No. 2016 -023 of the City Council of the City of Lake Elsinore NO establishing the District be levied to pay for the Facilities, Services, Incidental Expenses and other purposes described in Resolution No. 2016 -023, including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental Expenses? PROPOSITION C: For each year commencing with Fiscal Year 2016 -2017, shall the appropriations limit, as YES defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities NO_ District No. 2015 -4 be an amount equal to $5,000,000? C -1