HomeMy WebLinkAboutItem No. 18 Cancelling Fac Spec Taxes Improve Area C of CFD No. 2005-2 (Alberhill Ranch)Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 16-361
Agenda Date: 8/23/2016 Status: BusinessVersion: 1
File Type: ReportIn Control: City Council
Agenda Number: 18)
Page 1 City of Lake Elsinore Printed on 8/18/2016
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Date:August 23, 2016
Subject: Cancelling Facilities Special Taxes Within Improvement Area C of Community
Facilities District No. 2005-2 (Alberhill Ranch)
Recommendation
Waive further reading and introduce by title only:
ORDINANCE NO. 2016-___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
CEASING THE FACILITIES SPECIAL TAX OBLIGATION WITHIN IMPROVEMENT AREA C
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 CFD No. 2005-2, Improvement area A,
Improvement area B and Improvement Area C. The Notice of Special Tax Lien for a facilities
special tax was amended on May 24, 2006 (Document No. 2006-0376993) and June 23, 2006
Cessation of Facilities Special Tax
within Improvement Area C of CFD No. 2005-2 (Alberhill)
August 23, 2016
Page 2
(Document No. 0456005) only as to the facilities special taxes within Improvement Area B and
Improvement Area C.
At the request of the property owner, Castle & Cooke Alberhill Ranch, LLC, now merged with
Castle & Cooke Alberhill Homebuilding, Inc. (“Castle & Cooke”), and in accordance with the
Mello-Roos Community Facilities Act of 1982 (the “Act”) and Section 2.3 of the Funding,
Construction and Acquisition Agreement entered into as of October 1, 2005 (the “Funding
Agreement”), the City Council adopted Ordinance No. 2015-1347 extinguishing the facilities
special tax lien within the CFD Improvement Area B. The Notice of Cessation for Improvement
Area B was recorded on February 10, 2016.
Discussion
By letter dated April 26, 2016, Castle & Cooke notified the City that it will not be requesting the
issuance of bonds to finance public facilities for Improvement Area C because the construction
such public facilities will be funded through other sources. As with Improvement Area B, Castle
& Cooke is now requesting the cancellation of the facilities special tax in Improvement Area C.
The CFD has not levied any special taxes within Improvement Area C, nor have bonds have
been issued for Improvement Area C.
The Act allows the City Council acting as the legislative body of the CFD to cancel a special tax
if no bonds have been issued and the CFD 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 Agreement.Upon the
extinguishment of the facilities special tax of Improvement Area C, the CFD will no longer be
authorized to levy facility special taxes on the property within Improvement Area C. Facilities will
be funded by other sources.
Upon approval of the attached Ordinance by the City Council acting 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 C. This will terminate the lien on property in Improvement Area C 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 C.
The Special Tax Lien for a services special tax against the property in Improvement Area C is
not affected by the proposed action.
Fiscal Impact
None. Castle & Cooke will cover all costs associated with the extinguishment of facilities special
taxes within Improvement Area C of CFD No. 2005-2.
Attachments
1. Ordinance No. 2016-___
2. Letter from Castle & Cooke
3. CFD 2005-2 District Map
4. Acknowledgement & Waiver
5. Form Notice of Cessation of Lien
ORDINANCE NO. 2016-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, CEASING THE FACILITIES SPECIAL TAX OBLIGATION
WITHIN IMPROVEMENT AREA C 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 C AND AMENDING
ORDINANCE NO. 1163 TO REPEAL THE AUTHORITY OF THE DISTRICT TO
LEVY FACILITIES SPECIAL TAXES.
WHEREAS, in 2005, the City Council (Council) of the City of Lake Elsinore (City) initiated
proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (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 (CFD) and designated
three improvement areas therein designated as Improvement Area A (Area A), Improvement
Area B (Area B), and Improvement Area C (Area C); and,
WHEREAS, on September 13, 2005, the Council adopted Resolution No. 2005-138 (Resolution
of Formation) determining the validity of prior proceedings and establishing the CFD and
designating Area A, Area B, and Area C therein; and,
WHEREAS, on September 27, 2005, the 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, Area C 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 C 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 C 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 C 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 Area B and Area C; and,
WHEREAS, no bonds have been issued by the CFD with respect to Area C; and,
WHEREAS, on May 20, 2015, the current owner of all of the property within Area C of the CFD,
Castle & Cooke Alberhill Ranch, LLC, a California limited liability company, now merged into
Ord. No. 2016-
Page 2
Castle & Cooke Alberhill Home Building, Inc, a California corporation (Owner), submitted a letter
to the City in which it:
a. notified the City that the Owner will not be requesting the issuance of bonds to
finance the construction of public facilities for Area C because the construction of
any public facilities in the Area C will be funded through other sources; and,
b. requested the CFD prepare and record the Notice of Cancellation for Area C 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; and,
c. acknowledged that the request is not intended to impact any services special
taxes related to ongoing maintenance that may otherwise be applicable to Area
C; and,
WHEREAS, on July 19, 2016, the Owner submitted a Waiver and Acknowledgement in which
the 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; and,
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 Area C 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; and,
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 Area C 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 HEREBY RESOLVE, DETERMIN AND ORDER 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:
Ord. No. 2016-
Page 3
A. No bonds have been issued by the District on behalf of Improvement Area C and
the District is not obligated to pay any outstanding debt on behalf of Area C.
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.
C. Accordingly, the facilities Special Tax shall cease to be levied within Area C and
the District has no authorization to levy any special tax with regards to construction
of facilities on behalf of Improvement Area C.
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 Council hereby extinguishes the Special Tax for facilities special taxes in Area
C 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 Area C of the District. Ordinance No. 1163 shall
otherwise remain unchanged. Nothing herein shall affect the authorization to levy
special taxes within Area A or Area B.
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.
Ord. No. 2016-
Page 4
Section 6.
INTRODUCED at a Regular meeting of the City Council of the City of Lake Elsinore, California,
held on August 23, 2016, and ADOPTED at a Regular meeting of the City Council of the City of
Lake Elsinore, California, held on ________, 2016.
Brian Tisdale, Mayor
ATTEST:
Susan M. Domen, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that
Ordinance No. 2016-____ was introduced at the Regular meeting of August 23, 2016, and adopted at
the Regular meeting of ________, 2016, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
City Clerk
April 26, 2016
VIA EMAIL & CERTIFIED MAIL
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attention: Grant Yates, City Manager
Regarding: City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Area C
Gentlemen:
Pursuant to Section 2.3 of that certain Funding, Construction and Acquisition Agreement (the "Funding
Agreement") entered into as of October 1, 2005 by and between the City of Lake Elsinore, California(the "City"),
acting on behalf of City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) (the "District"),
and C&C Alberhill Home Building, Inc., formerly Castle & Cooke Alberhill Ranch, LLC ("Owner"),' this letter shall
constitute written notice to the District that Owner will not be requesting the issuance of Bonds for Improvement
Area C since the construction of any Public Facilities in such Improvement Area will be funded through other
sources. Please note that this is not intended to impact any special taxes relating to ongoing maintenance that
may otherwise be applicable to such Improvement Area. For your reference we have attached a copy of the
previously referenced Section 2.3; an exhibit showing Area "C" and a listing of the Owner's respective Assessor's
Parcel Numbers (APN's)
Given the delivery of this notice, we ask that the District prepare and record the Notice of Cancellation for
Improvement Area C as contemplated by such Section 2.3. Owner will advance the City's costs associated with
preparation and recordation of the Notice of Cancellation.
Thank you in advance for your attention to this matter. Please do not hesitate to contact me with any
questions or comments.
Very truly yours,
M.J. Tomlinson
Senior Vice President
Castle & Cooke Alberhill Home Building, Inc..
cc: Leibold, McClendon & Mann, P.C. Cox, Castle & Nicholson, LLP
Attn: Barbara Zeid Leibold, City Attorney Attn: Paul Titcher
23422 Mill Creek Drive, Suite 105 2029 Century Park East, Suite 2100
Laguna Hills, California 92563 Los Angeles, CA 90067
1 Unless otherwise indicated, all capitalized terms used herein shall have the meaning ascribed to them in the Funding
Agreement.
Castle & Cooke Alberhill Ranch, LLC
Castle & Cooke Alberhill Home Building, Inc.
6455 Alberhill Ranch Road • Lake Elsinore, CA 92530 • (951) 245-0476 • Fax (951) 245-7801
a�cwAlbcrhillRanch. com
with a term of not less than 30 years in coordination with Owner's timing of development within
each Improvement Area and subject to sound municipal finance practices and then current
industry standards. The District agrees that each series of Bonds shall be sized, to the extent
reasonably allowable based on debt service coverage of not more than 110% (based upon the
aggregate assigned special taxes authorized to be levied upon buildout of the applicable
Improvement Area in accordance with the improvement Area Mate and Method) and a "value -to --
lien" ratio of 3:1. For purposes of determining the value--to-lien ratio, the value of the
Improvement Area for which Bonds are being issued shall include the value of the Public
Facilities and Fees to be financed with the proceeds of the Bonds and not included in an escrow
fund or account and the lien shall not include the portion of the Bonds included in an escrow
fund or account established in connection with the issuance of the Bonds. The District agrees
that an escrow structure may be used at the Owner's request in order to comply with the 3:1
value -to -lien ratio requirement. Upon the City Manager's request, Owner shall deposit funds
with the City to pay for reasonable costs to be incurred by the City related to the issuance of such
Bonds including, without limitation, appraisal, market absorption study, special tax consultant,
bond and issuer's counsel, and City attorney and staff costs. Any funds deposited by Owner and
expended by City shall be subject to reimbursement solely out of the proceeds of the applicable
Bonds. Any unexpended funds deposited by Owner with the City pursuant to this Section 2.1
and remaining on deposit with the City following the issuance of the applicable series of Bonds
or the abandonment of efforts to issue such Bonds shall be retunied to Owner.
Section 2.2 Bond Proceeds and Special Taxes. The City shall not be obligated to
pay Fees and the Purchase Price of any Public Facility or any Discrete Components thereof,
except from amounts on deposit in the Acquisition and Construction Fund(s). The City makes
no warranty, express or implied, that the proceeds of the Bonds deposited and held in the
.Acquisition and Construction Fund(s), and any investment earnings thereon, will be sufficient to
pay the Purchase Price of all of the Public Facilities and Fees. To the extent allowed under the
Improvement Area Rate and Method, the City agrees that special taxes shall be levied on
property in each Improvement Area to pay directly for Public Facilities, or any Discrete
Components thereof, and Fees if Bonds have not previously been issued secured by such special
taxes. Such special taxes levied and collected by the City and any prepayment of special taxes
collected prior to the issuance of Bonds of an Improvement Area shall be held by the City and
disbursed to pay the Purchase Price of Public Facilities, or any Discrete Component thereof, and
Fees and, upon the issuance of Bonds, such special taxes still held by the City shall be deposited
in the Acquisition and Construction Fund.
Section 2.3 Proceeds. The proceeds of each series of Bonds shall be deposited, held,
invested, reinvested and disbursed as provided in the Fiscal Agent ,Agreement. A portion of the
proceeds of the Bonds will be set aside in the Acquisition and Construction Fund. Moneys in the
Acquisition and Construction Fund shall be deposited, held, invested, reinvested and disbursed
therefrom in accordance with the provisions of the Fiscal Agent Agreement and the applicable
provisions hereof for payment of all or a portion of the Purchase Price of the Public Facilities
and Fees (including payment of the Purchase Price of Discrete Components thereof), all as
herein provided. The Acquisition and Construction Fund may include two accounts — a "City
Facilities Account" and a "Non -City Facilities .Account." Upon the issuance of each series of
Bonds, proceeds available to be deposited in the Acquisition and Construction Fund shall be
initially allocated to the City Facilities Account and Non -City Facilities Account, as set forth in a
Dccemba 5, 2005 6
written request from Owner. Unless otherwise requested in writing by Owner prior to issuance
of each series of Bonds, earnings on amounts in each Account of the Acquisition and
Construction Fund shall be retained in the Account aild available to pay the Purchase Price of
Public Facilities and Fees until either (i) all Public Facilities and Fees have been financed, as
evidenced by a certificate provided by Owner, or (ii) Owner provides a certificate to the District
indicating that the funds on deposit in the Account are sufficient to finance the remaining Public
Facilities and Fees for which Owner expects to submit a Payment Request, at which time any
earnings shall be transferred to pay debt service on the Bonds. Earnings on amounts in the
reserve fund(s) shall be deposited in the following order of priority:
1.) The Reserve Fund, if fund is below the reserve requirement;
2.) Any other fund, excluding the ,Acquisition and Construction Fund, required by the
Fiscal Agent Agreement that is below a required minimum, as determined by the
Fiscal agent;
3.) The Acquisition and Construction Fund.
For Bonds issued on or prior to May 30, the District agrees to include capitalized interest
to cover debt service due in September of the same year, For Bonds issued after May 30, the
District agrees to include capitalized interest to cover debt service for all payments due up to and
including September of the following year.
Owner may provide a written notice to District indicating that it shall not request the
issuance of Bonds for a particular Improvement Area. Upon receipt of such notice and Owner's
advance of the City's costs of preparing and recording a notice of cancellation of special taxes
and extinguishment of lien ("Notice of Cancellation") with respect to all property within the
Improvement Area, District shall record the Notice of Cancellation terminating the authority to
levy special taxes in the Improvement Area pursuant to the applicable Improvement Area Rate
and Method.
The Owner acknowledges that any lack of availability of amounts in the Acquisition and
Construction Fund to pay the Purchase Price and Fees shall in no way diminish any obligation of
the Owner with respect to the construction of or contributions for public facilities and mitigation
measures required in connection with the Project by any development or other agreement to
which the Owner is a party, or any governmental approval to which the Owner is subject
(collectively, the "Improvement Agreements").
Section 2.4 Continuing Disclosure Agreement. The Owner agrees to provide to the
City, and to require each transferee or assignee to provide to the City all information regarding
the development within each Improvement Area, including the financing plan for such
development, which is necessary to ensure that the City complies with its continuing disclosure
obligations under the Fiscal Agent Agreement and all other applicable federal and state securities
laws.
Decemba s, 2005 7
IMPROVEMENT
AREA "A"
CIN OF LAKE ELSINORE \
CFD NO. 2005-2 (ALBERHILL RANCH) \
BOUNDARY MAP
IMPROVEMENT
AREA "B"
IMPROVEMENT
AREA "C"
.W
LEGEND
IMPROVEMENT AREA "A"
IMPROVEMENT AREA "B"
IMPROVEMENT AREA "C"
EXHIBIT A
LISTING OF PROPERTIES AND OWNERS IN CFD NO. 2005-2
OWNER(S)
CASTLE & COOKE ALBERHILL HOME BUILDING, INC.
(formerly CASTLE & COOKE ALBERHILL RANCH, LLC)
6455 Alberhill Ranch Road
Lake Elsinore, CA 92530
Attn: Tom Tomlinson
APN
389-080-036, 037 and 038
389-080-057
389-090-003
389-090-010, 011 and 012
389-122-001 through 007
389-122-010
C:\Users\LGonzalez.KWCENGINEERS\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\L9FKVN5Y\APN's for
Improvement Area C.docx
IMPROVEMENT
AREA "A"
CITY OF LAKE ELSINORE
CFD NO. 2005-2 (ALBERHILL RANCH)
BOUNDARY MAP
IMPROVEMENT
AREA "B"
NI
IMPROVEMENT
AREA "C
W-.
i �m
Leo��Ijtpjx
RISEN
LEGEND
0 IMPROVEMENT
0 IMPROVEMENT
IMPROVEMENT
AREA "A"
AREA "B"
AREA "C"
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH)
IMPROVEMENT AREA C - REQUEST FOR AND CONSENT TO
EXTINGUISHMENT OF FACILITIES SPECIAL TAX
WAIVER AND ACKNOWLEDGMENT
THIS WAIVER AND ACKNOWLEDGMENT ("Waiver") is made this day of
9 2016 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 April 26 2016, Owner notified City that it will not be
requesting the issuance of bonds to finance the construction of public facilities for Improvement
Area C of the District because the construction of public facilities in Improvement Area C will
be funded through other sources; and
WHEREAS, Owner further requested the extinguishment of facilities special taxes in
Improvement Area C, and
WHEREAS, upon the extinguishment of the facilities special tax of hnprovement Area
C, the District will no longer be authorized to levy facility special taxes on the property within
Improvement Area C.
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 C
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 C described in Attachment A.
b. Improvement Area C 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. 1 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 C 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 C 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,
acknowledge and agree 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 C 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 C 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 C 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 C , 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 C 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 & QaQK4�44OME BUILDING, INC.
k72
n J. Tomlinson
Its: Senier_Vice President
Date:
By:It Avi 11 6u��
R an ores
Its: Vi e P esident, General Counsel & Secretary
Date: �i
In
Its:
Date:
ACKNOWLEDGMENT
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
County of _ Riverside )
On JUly 19; 2016
before me, LaJoe Howard,N. otary Public
(insert name and title of the officer)
personally appeared Merlin J. Tomlinson
who proved to me on the basis of satisfactory evidence to be the person(s4 whose name(&) is/atp—
subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in
his/-hw4#-+eif authorized capacity(4es), and that by his/h@;A4e4-r signature Es) on the instrument the
person( -s), or the entity upon behalf of which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paraqraph is true and correct.
WITNESS my hand and official seal.
Signature __,&E
(Seat)
M=XHOWARD
Commission 8 2042948
Notary Public - California
Riverside County
@my Comm. Expires Oct 22, 2017
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 )
County of Los Angeles )
On 7 13 0 I (o , before me, 6 ria mex v to" S l v eA#k-o a
Notary PubQ, , personally appeared Z cxn C—ore-s who proved to me on
the basis of satisfactory evidence to be the person(s) whose narne(s) is/ate subscribed to the
within instrument and acknowledged to me that helsWelthdy executed the same in his/he/thef-
authorized capacity(ies), and that by his/hgf/tlle'ir signature(s) on the instrument the person(s), 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.
r 4"Yp'rr� ANNAMARiA SILVESTRO
.. Cow, 1 2188758
NOTARY PUBLIC -CALIFORNIALot V+
yea% ON . EXF.ES AI UN '10, Y
�z jan� iAr CONN. EXr. hGY iG�
Ds�
Signature of Notary
(Affix seal here)
ATTACHMENT A
Owner's Property
Improvement Area C CFD No. 2005-2
[Attached]
EXHIBIT A
LISTING OF PROPERTIES AND OWNERS IN CFD NO. 2005-2
OWNER(S)
CASTLE & COOKE ALBERHILL HOME BUILDING, INC.
(formerly CASTLE & COOKE ALBERHILL RANCH, LLC)
6455 Alberhill Ranch Road
Lake Elsinore, CA 92530
Attn: Tom Tomlinson
APN
389-080-036, 037 and 038
389-080-057
389-090-003
389-090-010, 011 and 012
389-122-001 through 007
389-122-010
C:\Users\LGonzalez.KWCENGINEERS\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\L9FKVN5Y\APN'sfor
Improvement Area C.docx
ATTACHMENT B
Notice of Special Tax Lien and Amendment No. 1
[Attached]
RECORDING REQUESTED BY
AND N'HIiN RECORDED RF[CURN'10:
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
Attention: Matt Pressey
DOC n 2005-0793367
09/26/2005 08:008 Fee:184.00
Page t of 60
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
11111111111111111111111111111111111111111111111111111
Wnm
WMEn������wi
NOTICE OF SPECIAL TAX LIEN
M
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and
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
payment of special taxes is hereby imposed by the City Council of the City. The special taxes
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, streets, 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.
4ses7278A
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: 11 '
45657278.1 2
EPUTY CI LERK OF THE CITY OF
LAKE ELSIN RE
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
On q'—Z before me, �� 0 �k here insert
name and title of the officer), personally appeared c+ C P ersonally
known to me ( ) to the person 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.
LISA . ALEXEN
Signature C
(SEAL) Commbwon#1389666
Notary Public - cdvomia
Jl Riwniae County
6My Comm. ExpkwDoc 12.
45657278,1
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
(IMPROVEMENT AREA A)
(IMPROVEMENT AREA B)
(IMPROVEMENT AREA Q
45657278/
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2005-2
OF TILE CITY OF LAKE ELSINORE
(Alberhill Ranch)
(IMPROVEMENT AREA A)
The following sets forth the Rate and Method of Apportionment for the levy and collection of
Special Taxes in Improvement Area A 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 A 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 A, unless exempted by law or by the
provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein
provided.
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,
43,560. or other recorded County parcel map or
instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by
"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 A: 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 A or any designee thereof of complying with arbitrage rebate requirements;
the costs to the City, Improvement Area A or any designee thereof of complying with disclosure
requirements of the City, Improvement Area A or obligated persons associated with applicable
federal and state securities laws and the Act; the costs associated with preparing Special Tax
disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of
the City, Improvement Area A or any designee thereof related to an appeal of the Special Tax;
the costs associated with the release of funds from an escrow account; and the City's annual
administration fees and third party expenses. Administration Expenses shall also include
amounts estimated by the CFD Administrator or advanced by the City or Improvement Area A
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch) .lune 30, 2005
Improvement Area A
Page 5
for any other administrative purposes of Improvement Area A. including attorney's fees and
other costs related to commencing and pursuing to completion any foreclosure of delinquent
Special Taxes.
"Apartment Property" means all Assessor's Parcels of Residential Properly 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
I s` 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-term leases, loans from government agencies, or
loans from banks, other financial institutions, private businesses, or individuals, or long-term
contracts, or any refunding thereof, to which Special Taxes for Facilities within Improvement
Area A have been pledged.
"Building Square Footage" or "BSF" means the square footage of assessable internal living
space, exclusive of garages or other structures not used as living space, as determined by
reference to the building permit application for such Assessor's Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the
following December 31.
"CFD Administrator" means an official of the City, or designee thereof, responsible for (i)
determining the Special Tax Requirement 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 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 I 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
"fax 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 Property.
"Single Family Unit" means a residential dwelling unit other than an Apartment Unit
"Special Tax" means any of the special taxes authorized to be levied within Improvement Area
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 Property. In addition,
each Assessor's Parcel of Taxable Property shall be further classified as Developed Property,
Approved Property, Undeveloped Property or Provisional Undeveloped Property. In addition,
each Assessor's Parcel of Developed Property shall further be classified as Residential Property
or Non -Residential Property. Lastly, each Assessor's Parcel of Residential Property shall further
be classified as a Single Family Property or Apartment Property, and each Assessor's Parcel of
Single Family 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 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 Special Tax for Facilities.
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 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 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".
k-rry or Lake Elsinore June 30, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area A Page 9
2. Multiple Land Use Tvpe
In some instances an Assessor's Parcel of Developed Property may contain more than
one Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's
Parcel shall be the sum 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
property shall be final.
3. Approved Property Undeveloped Property and Provisional Undeveloped Property
The Maximum Special Tax for Facilities for each Assessor's Parcel classified as
Approved Properly, Undeveloped Property, or Provisional Undeveloped Property in any
Fiscal Year shall be the applicable Assigned Special Tax for Facilities.
SECTION D
ASSIGNED SPECIAL TAX FOR FACILITIES
1. Developed Property
Each Fiscal Year, each Assessor's Parcel of Single Family Property, 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.
TABLE 1
ASSIGNED SPECIAL TAX FOR FACILITIES RATES
FOR DEVELOPED PROPERTY FOR FISCAL YEAR 2006-07
Land Use Type
Building Square Footage
Rate
Sin le Famil Pro ert
_Greater than 3,650
$4,566 er Sin le Famil Unit
Sin le Family Pro ert
3,151 — 3,650
$4,280 er Sin le Family Unit
Single Family Pro erty
2,551 — 3,150
$3,373 er Single Family Unit
Sin le Family Pro ert
2,051 — 2,550
$3,220 er Single Family Unit
Sin le Famil Pro erty
1,851 —2,050
$2,896 per Single Family Unit
Single Family Property
Less than or equal to 1,850
$2,753 per Single Family Unit
A artment Pro ert
N/A
$21,330 per Acre
Non -Residential Property
N/A
$21,330 per Acre
City of Lake Elsinore June 30, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area A Page 10
2.
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 $21,330 per Acre.
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 et%et
in the prior Fiscal Year.
SECTION E
BACKUP SPECIAL TAX FOR FACILITIES
At the time a Final Map is recorded, the Backup Special Tax for Facilities for all Assessor's
Parcels of Developed Property classified or reasonably expected to be classified as a Single
Family 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 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 within such Final Map area.
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 Single Family Property are subsequently changed or modified
by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax for
Facilities for the area that has been changed or modified shall be recalculated, based on the
methodology above, to equal the amount of Backup Special Tax for Facilities that would have
been generated if such change did not take place.
On each July 1, commencing July 1, 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 for each subsequent Fiscal Year, the City Council shall
levy Special Taxes for Facilities on all Taxable Property in accordance with the following steps:
Step One: The Special Tax for Facilities shall be levied Proportionately on each Assessor's
Parcel of Developed Property at up to 100% of the applicable Assigned Special
Tax for Facilities rates in Table l 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 'Fax 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
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 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 definitions apply to this Section G:
"CFD Public Facilities" means 522,00000 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 A, 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
Community 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 fonnula (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 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 1 for such Assessor's Parcel by the sum of the estimated
Backup Special Tax for Facilities applicable to all Assessor's Parcels of
Taxable Property at 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
6. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b)
by the amount detennined 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 11 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 for 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 IT 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(j—A)xF+A
The terns above have the following meanings
PP — the Partial Prepayment Amount.
Po — 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 June 30, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area A Page 17
SECTION .I
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 FACILITIES
The Special Tax for Facilities shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided, however, that 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 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 1 preceding the Fiscal Year in which the Special Tax for Services is being
levied.
"Maximum Special Tax for Services" means the maximum Special Tax for Services that can
be levied by 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 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.
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 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 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 Area]:
(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 I showing effective change to special tar 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 [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
Date:
CFD Administrator
COMMUNITY FACILITIES DISTRICT NO. 2005-X
OF THE CITY OF LAKE ELSINORE
Date:
City of Lake Elsinore June 30, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area A Page 21
EXHIBITB
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 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 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 McIlo-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 arc 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
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 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-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 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 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 s' 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 I 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 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 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 pm suant 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 arc 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 1 or Zone 2.
"Zone 1" means a specific geographic area within Improvement Area B as depicted in Exhibit B
attached hereto.
"Zone 2" means a specific geographic arca 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 l 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
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 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 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 pennitted 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 Use Tvpe
In some instances an Assessor's Parcel of Developed Property may contain more than
one Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's
Parcel shall be the sum 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
property shall be final.
3. Approved Propertv, 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 Assessor's Parcel of Developed Property for Fiscal Year 2006-07 shall be
determined pursuant to Table I 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 1
ASSIGNED SPECIAL FOR FACILITIES TAX RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 1
FOR FISCAL YEAR 2006-07
Land Use Type
Bung Square Footage
Rate
Single Family Pro e ly
Greater than 4,250
$4,938 per Single Family Unit
Single Family Property
3,951 -4,250
$4,661 per Single Family Unit
Single Family Property
3,651 -3,950
$4,356 cr Single Family Unit
Single Family Pro e ly
3,351 -3,650
$4,280 per Single Family Unit
Single Family Property
3,051 -3,350
$3,564 per Sin gle_Family Unit
Single Family Property
2,551 -3,050
$3,373 per Single Family Unit
Single Family Property
2,051 -2,550
$3,220 per Single Family Unit
Single Family Property
1,851 -2,050
$2,896 per Single Family Unit
Single Family Property
Less than orequal to 1,850
$2,753 er Sin le Family Unit
Multifamily Property
Greater than 1,600
$2,292 per Multifamily Unit
Multifamily Property
1,401 - 1,600
$2,148 per Multifamily Unit
Multifamily Property
1,201 - 1,400
$2,005 per Multifamily Unit
Multifamily Property
Less than orequal to 1,200
$1,862per Multifamily Unit
Apartment Property
N/A
$20,167 per Acre
Non -Residential Property
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
Building Square Footage
Rate
Single Family Property
Greater than 4,250
$4,938
per Single Family Unit
Single Family Property
31951 -4,250
$4,661
per Single Family Unit
Single Family Property
3,651 -3,950
$4,356 per Single Family Unit
Single Family Property
3,351 -3,650
$4,280
per Single Family Unit
Single Family Property
3,051 -3,350
$3,564
per Single Family Unit
Single Family Property
2,551 -3,050
$3,373
per Single Family Unit
Single Family Property
2,051 -2,550
$3,220
per Single Family Unit
Single Family Property
1,851 -2,050
$2,896
per Single Family Unit
Single Family Property
Less than orequal to 1,850
$2,753
per Singleg Family Unit
Multifamily Property
Greater than 1,600
$2,292
per Multifamily Unit
Multifamily Property
1,401 -1,600
$2,148
per Multifamily Unit
Multifamily Property
1,201 - 1,400
$2,005
per Multifamily Unit
Multifamily Property
Less than orequal to 1,200
$1,862
per Multifamily Unit
Apartment Property
N/A
$600 per
Apartment Unit
Non -Residential Property
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. Approved Propertv, 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 $20,167 per Acre for Zone 1 and 548,865 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 B Page 29
On each July 1.. commencing July I, 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.
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:
Step One: The Special Tax for Facilities shall be levied Proportionately on each Assessor's
Parcel of Developed Property at up to 100% of the applicable Assigned Special
Tax for Facilities rates in Table 1 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 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 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 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 determined by the City that is reasonably comparable to
the Engineering News -Record Building Cost Index for the city of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus public facility costs available
to be funded through existing construction or escrow accounts or funded by the Outstanding
Bonds, and minus public facility costs funded by interest earnings on the Construction Fund
actually earned prior to the date of prepayment.
"Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of
Special Taxes for Facilities which will remain outstanding after the first interest and/or principal
payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date
with the proceeds of prior prepayments of Special Taxes for Facilities.
The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an
Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit
has been issued or is expected to be issued, or an Assessor's Parcel of Provisional
Undeveloped Property may be prepaid in full, provided that there are no delinquent Special
Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the
time the Special Tax for Facilities obligation would be prepaid. The Prepayment Amount for
an Assessor's Parcel eligible for prepayment shall be determined as described below.
An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation
shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days
of receipt of such notice, the CFD Administrator shall notify such owner of the Prepayment
Amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for
providing this service. Prepayment must be made not less than 45 days prior to the next
occurring date that notice of 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 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 1 for such Assessor's Parcel by the sum of the estimated
Backup Special Tax for Facilities applicable to all Assessor's Parcels of
Taxable Property at 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 B Page 32
6. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b)
by the amount determined pursuant to paragraph 5 to determine the
Future Facilities Cost to be prepaid (the "Future Facilities Amount").
7. Compute the amount needed to pay interest on the Bond Redemption
Amount to be redeemed with the proceeds of the Prepayment Amount
until the earliest redemption date for the Outstanding Bonds.
8. Detenuine 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."
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 B Page 33
Defeasance Cost, and the Administrative Fee. less the Reserve Fund
Credit and the Capitalized Interest Credit.
15. From the Prepayment Amount, the amounts computed pursuant to
paragraphs 3, 4, 10, 12, and 13 shall be deposited into the appropriate fund
as established under the Indenture and used to retire Outstanding Bonds or
make debt service payments. The amount computed pursuant to
paragraph 6 shall be deposited into the Construction Fund. The amount
computed pursuant to paragraph 11 shall be retained by 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 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 B Page 34
The Partial Prepayment Amount shall be calculated according to the following tonnula:
PP= (Po —A)xF+A
The terms above have the following meanings
PP = the Partial Prepayment Amount.
Po — 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 1 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 Services 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 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 B 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 'fax, 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 Property /ivithin such Improvement 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 tax 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 (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 RMA as set forth in
this Certificate.
CITY OF LAKE ELSINORE
10
CFD Administrator
Date:
COMMUNITY FACILITIES DISTRICT NO. 2005-X
OF THE CITY OF LAKE ELSINORE
M.
Date:
City of Lake Elsinore June 30, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area B Page 39
EXHIBIT "B ,
ZONE NAP
City JLake Elsinore June 3Kys
Community w r District No. 305-2(A berm !! Ra )
Improvement Arne G7 40
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 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 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 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 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
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-term 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 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 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 C Page 42
"CFD No. 2005-2" means Community Facilities District No. 2005-2 (Albcrhill 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 permit for new construction was issued on or
before May l" 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 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 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 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 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 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 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 1 or Zone 2 and shall be classified as Taxable
Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be
further classified as Developed Property, Approved Property, Undeveloped Property or
Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property
shall further be classified as Residential Property or Non -Residential Property. Lastly, each
Assessor's Parcel of Residential Property shall further be classified as a Single Family Property,
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
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 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 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
property shall be final.
3. Approved Property, Undeveloped Property and Provisional Undeveloped Property
The Maximum Special Tax for Facilities for each Assessor's Parcel classified as
Approved Property, Undeveloped Property, or Provisional Undeveloped Property in any
Fiscal Year shall be the applicable Assigned Special Tax for Facilities.
SECTION D
ASSIGNED SPECIAL TAX FOR FACILITIES
1. Developed Property
Each Fiscal Year, each Assessor's Parcel of Single Family Property, 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 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 Page 46
TABLE 1
ASSIGNED SPECIAL FOR FACILITIES TAX RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 1
FOR FISCAL YEAR 2006-07
Land Use Type
Building Square Footage
Rate
Sin fe Fa_mil Py ropert
Greater than 4,250
$4,938 per Sin le Famil Unit
Single Family Pro erty
3,951 - 4,250
$4,661 per Single Family Unit
Single FamilProperty
3,651 - 3.950
$4,356 per Single Family Unit
Single Family Property
3,051 - 3,650
$4,000 per Single Family Unit
Single Family Property
2,751 - 3,050
$3,659 per Single Family Unit
Single Famil Pro erty
2,451 - 2,750
$3,507 per Single Family Unit
Single Family Property
Less than ore ual to 2,450
$3,373 per Single Famil Unit
Multifamily Property
Greater than 1,600
$2,292 per Multifamily Unit
Multifamily Property__1,401
- 1,600
52,148 per Multifamily Unit
Multifamily Property
1,201 - 1,400
$2,005 per Multifamily Unit
Multifamily Property
Less than or equal to 1,200
$1,862 per Multifamily Unit
Apartment Property
N/A
524,1 10 per Acre
Non -Residential Property
N/A
$24,110 per Acre
TABLE 2
ASSIGNED SPECIAL FOR FACILITIES TAX RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 2
FOR FISCAL YEAR 2006-07
Land Use Type
Building Square Footage
Rate
Single Family Property
Greater than 4,250
$4,938 per Single Family Unit
Single Family Property
3,951 - 4,250
$4,661 per Single Family Unit
Single Family Property
3,651 - 3,950
$4,356 per Single Family Unit
Single Family Proert
3,051 - 3,650
$4,000 per Single Family Unit
Single Family Property
2,751 - 3,050
$3,659 per Single Family Unit
Single Family Property
2,451 - 2,750
$3,507 per Single Family Unit
Single Family Property
Less than orequal to 2,450
$3,373 per Single Family Unit
Multifamily Property
Greater than 1,600
$2,292 per Multifamily Unit
Multifamily Property
1,401 - 1,600
$2,148 per Multifamily Unit
Multifamily Property
1,201 - 1,400
$2,005 per Multifamily Unit
Multifamily Property
Less than orequal to 1,200
$1,862 per Multifamily Unit
Apartment Property
N/A
$600 per Apartment Unit
Non -Residential Property
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 Propertv, Undeveloped Propertv and Provisional Undeveloped Propertv
Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property
and Provisional Undeveloped Property shall be subject to an Assigned Special Tax for
Facilities. The Assigned Special Tax for Facilities rate for an Assessor's Parcel classified
as Approved Property, Undeveloped Property and Provisional Undeveloped Property for
Fiscal Year 2006-07 shall be 524,1 10 per Acre for Zone 1 and 555,975 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 I, commencing July I. 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.
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:
Step One: The Special Tax for Facilities shall be levied Proportionately on each Assessor's
Parcel of Developed Property at up to 100% of the applicable Assigned Special
Tax for Facilities rates in Table 1 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 G:
"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 determined by the City that is reasonably comparable to
the Engineering News -Record Building Cost Index for the city of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus public facility costs available
to be funded through existing construction or escrow accounts or funded by the Outstanding
Bonds, and minus public facility costs funded by interest earnings on the Construction Fund
actually earned prior to the date of prepayment.
"Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of
Special Taxes for Facilities which will remain outstanding after the first interest and/or principal
payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date
with the proceeds of prior prepayments of Special Taxes for Facilities.
The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an
Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit
has been issued or is expected to be issued, or an Assessor's Parcel of Provisional
Undeveloped Property may be prepaid in full, provided that there are no delinquent Special
Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the
time the Special Tax for Facilities obligation would be prepaid. The Prepayment Amount for
an Assessor's Parcel eligible for prepayment shall be determined as described below.
An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation
shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days
of receipt of such notice, the CFD Administrator shall notify such owner of the Prepayment
Amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for
providing this service. Prepayment must be made not less than 45 days prior to the next
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
1 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 1 for such
Assessor's Parcel by the sum of the estimated Backup Special Tax for
Facilities applicable to all Assessor's Parcels of Taxable Property at buildout,
as reasonably detennined 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 June 30, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area C Page 51
5. Compute the Future Facilities Cost.
6. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b)
by the amount determined pursuant to paragraph 5 to determine the Future
Facilities Cost to be prepaid (the "Future Facilities Amount").
7. Compute the amount needed to pay interest on the Bond Redemption
Amount to be redeemed with the proceeds of the Prepayment Amount
until the earliest redemption date for the Outstanding Bonds.
8. Determine the actual Special Tax for Facilities levied on the Assessor's
Parcel in the current Fiscal Year which has not yet been paid.
9. Estimate the amount of interest earnings to be derived from the
reinvestment of the Bond Redemption Amount plus the Redemption
Premium until the earliest redemption date for the Outstanding Bonds.
10. Add the amounts computed pursuant to paragraph 7 and 8 and subtract the
amount computed pursuant to paragraph 9. This difference is the
"Defeasance Cost."
ll. 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
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
Crcdit and the Capitalized Interest Credit.
15. From the Prepayment Amount, the amounts computed pursuant to
paragraphs 3, 4, 10, 12, and 13 shall be deposited into the appropriate fund
as established under the Indenture and used to retire Outstanding Bonds or
make debt service payments. The amount computed pursuant to
paragraph 6 shall be deposited into the Construction Fund. The amount
computed pursuant to paragraph 11 shall be retained by 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 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.
City of Lake Elsinore June 30, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area C 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 pennit
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=(Pc—A)xF+A
The terms above have the following meanings
PP = the Partial Prepayment Amount.
Pc = 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 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 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 1 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 1 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 Zone l 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 toreclose on delinquent
Assessor's Parcels as permitted by the Act.
SECTION L
SPECIAL TAX FOR SERVICES
The following additional definitions apply to this Section L:
"Developed Multifamily Unit" means a residential dwelling unit within a building in which
each of the individual dwelling units has or shall have at least one common wall with another
dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior
to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied.
"Developed Single Family Unit" means a residential dwelling unit other than a Developed
Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City
on or prior to May 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 June 30, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area C Page 56
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 5242 per
Developed Single Family Unit, $121 per Developed Multifamily Unit, and 5545 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 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 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 Tax 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 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 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 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
MM
CFD Administrator
Date:
COMMUNITY FACILITIES DISTRICT NO. 2005-X
OF THE CITY OF LAKE ELSINORE
Lo
Date:
City of Lake Elsinore June 30, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area C Page 58
City
Con
EXHIBIT "B"
ZONE NAP
Improvement Area w@ 59
EXHIBIT B
PROPERTY OWNER NAME AND ASSESSOR'S TAX PARCEL NUMBER
•/ `/wk ) a t
/d tI
R
f/
t/
f:J l
f
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 # 2006-0455005
06/23/2006 08:00A Fee:.133�:-00
Page 1 of 43
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
11111111111111111111111111111111111111111111111111111111111
M
S
U
PAGE
SIZE
DA
PCOR
NOCOR
SMF MISC.
A
I R
I L
COPY
LONG
REFUND
NCHG I EXAM
Space above this line for recorder's use only
TRA:
DTT: Amendment No. 1 to Notice of Special Tax Lien
Title of Document
n (
C -0,(J}. 11f {� 8l
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 TO
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
Attention: Matt Pressey
DOC # 2006-03716993
05/24/2006 08:00A Fee:127.00
Page 1 of 41
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
111111111111111111111111111111111111111111111 HI 11
NI
S
U
I PAGE
SIZE
I DA
PCOR
NOCOR
SMF
MISC.
A,
R
L
COPY
LONG
REFUND
NCHG
ExAm
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.
1. 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: Aar
45731367.1
CITY CLERK/6F THE CITY OF
LAKE ELSINORE
DOCSOC/1699269v2/022972-0037
Recording Requested By and
When Recorded Mail To:
CITY OF LAKE ELSINORE
130 South 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 27383.
NOTICE OF CESSATION OF FACILITIES SPECIAL TAX FOR
IMPROVEMENT AREA C
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 ________, 2016, 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 C 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 C 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 C of CFD No. 2005-2.
Reference is made to the revised boundary map of Improvement Area C 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 City Council of the City of Lake
Elsinore, acting in its capacity as the legislative body
of Community Facilities District No. 2005-2
(Alberhill Ranch)
A-1
DOCSOC/1699269v2/022972-0037
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: