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HomeMy WebLinkAboutItem # 9 Annual Continuining Disclosure Reports - Exhibit K Wasson Canyon CFD 2005-5 2012ATable of Contents City of Lake Elsinore Annual Continuing Disclosure Report CFD No. 2005-5 Fiscal Year Ending June 30, 2016 Sections 1. District Profile 1 2. Property Ownership 2 3. Payment History 3 4. Bond Funds 4 5. Listed Events 5 Tables Table 2-1 Fiscal Year 2016-17 Property Breakdown by Development Status 2 Table 2-2 Fiscal Year 2016-17 Value-to-Lien Ratio Based on Assessed Values 2 Appendices Appendix A – Debt Service Schedule Appendix B – California Debt and Investment Advisory Commission Appendix C – Boundary Map City of Lake Elsinore Annual Continuing Disclosure Report CFD No. 2005-5 Fiscal Year Ending June 30, 2016 City of Lake Elsinore Community Facilities District No. 2005-5 Local Agency Revenue Bonds, 2012 Series A (CUSIP 509632) Maturity Date September 1 Principal Interest Rate CUSIP Suffix 2013 $25,000 1.500% FW0 2014 $40,000 2.000% FX8 2015 $45,000 2.250% FY6 2016 $55,000 2.500% FZ3 2017 $60,000 2.750% GA7 2018 $65,000 3.000% GB5 2019 $75,000 3.375% GC3 2020 $80,000 3.625% GD1 2021 $85,000 3.875% GE9 2022 $95,000 4.000% GF6 2023 $105,000 4.000% GG4 2024 $110,000 4.000% GH2 2025 $125,000 4.125% GJ8 2038 $2,485,000 5.250% GK5 This Continuing Disclosure Report (“Report”) for Community Facilities District No. 2005-5 Local Agency Revenue Bonds, 2012 Series A of the City of Lake Elsinore (the “District” or “CFD No. 2005-5”), has been prepared by Spicer Consulting Group, LLC. using data as of June 30, 2016 unless noted otherwise. The information referenced by the parenthesis complies with the various sections required from the Form of Continuing Disclosure Agreement for the Bonds. If you have any questions regarding the information provided in this report, please contact the City’s Special Tax Consultant, Spicer Consulting Group at (866) 504-2067. 1. District Profile Page City of Lake Elsinore Annual Continuing Disclosure Report CFD No. 2005-5 Fiscal Year Ending June 30, 2016 Community Facilities District No. 2005-5 (Villages at Wasson Canyon) Local Agency Revenue Bonds 2012 Series A Project Description The District was formed in August, 2005 for the purpose of acquiring or constructing public improvements needed to meet increased demand upon the City as a result of development within the boundaries of the District, including streets, streetscape, storm drains, City fees, and fees of the Elsinore Valley Municipal Water District. The development includes 190 residential units at build-out. Location The District is located in an area known as Rosetta Hills, which is southeast of Highway 74 and northeast of Interstate 15, and generally encompasses the residential community known as the “Villages at Wasson Canyon”. 2012 Series A Bonds (Section 4a) The 2012 Series A Bonds (the “Bonds”) in the amount of $3,450,000 were issued July 17, 2012, with interest rates ranging from 1.50% to 5.25%. Interest is payable semi-annually on March 1 and September 1. The date for the final maturity of the Bonds is September 1, 2038. The principal amount of the Bonds Outstanding as of September 30, 2016 was $3,225,000. A portion of the Bonds, along with other funds, were issued to redeem the Local Agency Revenue Bonds for the Villages at Wasson Canyon, 2008 Series B (“the 2008 Series B Bonds”) in the principal amount of $3,265,000, all of which remained outstanding at the time of redemption. The Bonds were also issued to fund the Reserve Account and to pay the expenses in connection with the issuance of the Bonds. There are no remaining unissued Bonds authorized for the District. Rate and Method of Apportionment There were no changes to the Rate and Method of Apportionment during Fiscal Year 2015-16. Additional Bonds No Additional Bonds or Local Obligation Parity Bonds have been issued by the Authority or by any of the Districts. 2. Property Ownership Page City of Lake Elsinore Annual Continuing Disclosure Report CFD No. 2005-5 Fiscal Year Ending June 30, 2016 The following tables present certain property ownership data and the development status of the District. Table 2-1 Fiscal Year 2016-17 Property Breakdown by Development Status Development Status Parcels Total Special Tax FY 2016-17 % of Total Special Tax Land Value Structure Value Total Assessed Value % of Total AV Developed 190 $265,322.74 100.00% $15,968,218.00 $43,470,733.00 $59,438,951.00 100.00% All Others 0 $0.00 0.00% $0.00 $0.00 $0.00 0.00% Total 190 $265,322.74 100.00% $15,968,218.00 $43,470,733.00 $59,438,951.00 100.00% Major Taxpayers There are no property owners in the District responsible for more than 5% of the aggregate Special Tax Levy. (Section 4f) Table 2-2 Fiscal Year 2016-17 Value-to-Lien Ratio Based on Assessed Values1 (Section 4c) Value-to-Lien Parcels Total Assessed Value Lake Elsinore 2012 Series A (CFD 2005-5) All Other Outstanding Debt Total Outstanding Debt Value-to-Lien Less than 6:1 5 $1,080,116.00 $85,010.70 $98,885.02 $183,895.72 5.87:1 Between 6 - 6.99:1 22 $5,450,515.00 $387,343.70 $441,840.25 $829,183.95 6.57:1 Between 7 - 7.99:1 21 $5,893,199.00 $363,190.03 $415,729.25 $778,919.27 7.57:1 Between 8 - 8.99:1 51 $15,583,390.00 $848,957.64 $985,161.45 $1,834,119.09 8.50:1 Between 9 - 9.99:1 81 $27,786,674.00 $1,374,273.34 $1,586,293.77 $2,960,567.10 9.39:1 Greater than 10:1 10 $3,645,057.00 $166,224.59 $192,090.27 $358,314.87 10.17:1 Totals 190 $59,438,951.00 $3,225,000.00 $3,720,000.00 $6,945,000.00 8.56:1 Prepayments (Section 4h) There have been no prepayments of the Special Tax for the prior Fiscal Year. 1 Assessed Valuation (AV) is based on information provided in the Riverside County Assessor’s records as of January 1, 2016 and may not accurately reflect true market value. 3. Payment History Page City of Lake Elsinore Annual Continuing Disclosure Report CFD No. 2005-5 Fiscal Year Ending June 30, 2016 Delinquency Summary (Section 4d) There were no delinquent parcels in the District as of October 2016. Therefore, there are no delinquent parcels representing more than 5% of the aggregate Special Tax. Foreclosure Covenant The District has covenanted for the benefit of the owners of the Bonds that the District will review the records of the County of Riverside, California, in connection with the collection of the Special Tax not later than July 1 of each year to determine the amount of Special Tax collected in the prior fiscal year; and, with respect to individual delinquencies, if the District determines that any single property owner subject to the Special Tax is delinquent in the payment of Special Taxes in the aggregate of $1,000 or more or that as to any single parcel the delinquent Special Taxes represent more than 5% of the aggregate Special Taxes within the District, then the District will send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property owner within 45 days of such determination, and (if the delinquency remains uncured) the District will cause judicial foreclosure proceedings to be filed in the superior court within 90 days of such determination against any property for which the Special Taxes remain delinquent. The property in the District is also subject to several overlapping liens. A default in the payment of Special Taxes in the District is also likely to result in a default of the other overlapping liens. Since the overlapping liens are on a parity with the Special Taxes, the foreclosure of the lien of the Special Taxes will not extinguish the lien of the other overlapping special districts. As a result of the foregoing, in the event of a delinquency or nonpayment by the property owners of one or more Special Tax installments, there can be no assurance that there would be available to the District sufficient funds to pay when due the principal of, interest on and premium, if any, on the District Bonds. Collection and Foreclosure Actions (Section 4e) The Mello-Roos Act provides that delinquent property may not be sold at a judicial foreclosure sale for less than the amount of the judgment plus past judgment interest and authorized costs without the consent of the owners of 75% by value of the Outstanding Bonds. In the event of a failed sale, the property owner retains title to the Property. The judgment remains, however, and will be updated from time to time. When the CFD Administrator believes that there is a reasonable possibility that the foreclosure sale might be a successful sale, the property can be re-noticed for sale. In the event a buyer comes forward prior to that time with a bona fide offer at a price below the current requirements of the law, the County will evaluate the possibility of taking that offer to the bondholders for approval. There are no foreclosure actions at this time. 4. Bond Funds Page City of Lake Elsinore Annual Continuing Disclosure Report CFD No. 2005-5 Fiscal Year Ending June 30, 2016 Reserve Fund (Section 4b) The Reserve Fund must be maintained at the Reserve Requirement which is defined, as of any date of calculation, as an amount equal to the least of (a) 10% of the total original principal amount of the Bonds, (b) Maximum Annual Debt Service on the Outstanding Bonds, or (c) 125% of average Annual Debt Service on the Outstanding Bonds. Provided, however, the Reserve Requirement on any calculation date shall not be greater than the Reserve Requirement amount on the closing date, $272,887.50. In the event that Special Tax revenue is insufficient to pay debt service, money may be transferred from this Fund to the appropriate account of the Bond Fund. The Reserve Fund will then be replenished by increasing the next year’s Special Tax levy to the extent permitted by law. As of September 30, 2016 the balance in the Reserve Fund was $264,339.13 and the Reserve Requirement was $264,325.00. Financial Statements (Section4) PLEASE NOTE: The City of Lake Elsinore Fiscal Year ended June 30, 2016 Comprehensive Annual Financial Report (CAFR) is submitted to the Municipal Securities Rulemaking Board using EMMA (Electronic Municipal Market Access) under separate cover and is incorporated herein by reference. 6. Listed Events Page City of Lake Elsinore Annual Continuing Disclosure Report CFD No. 2005-5 Fiscal Year Ending June 30, 2016 The following events as set forth in Rule 15c2-12 promulgated by the Securities and Exchange Commission are considered material by the District. (Section 5) 1. principal or interest payment delinquencies; Not Applicable 2. non-payment related defaults, if material; Not Applicable 3. modifications to the rights of the Bondholders, if material; Not Applicable 4. optional, contingent or unscheduled calls, if material, and tender offers; Not Applicable 5. defeasances; Not Applicable 6. rating changes; Not Applicable 7. adverse tax opinions or the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds or other material events affecting the tax status of the Bonds; Not Applicable 8. unscheduled draws on the debt service reserves reflecting financial difficulties; Not Applicable 9. unscheduled draws on the credit enhancements reflecting financial difficulties; Not Applicable 10. substitution of the credit or liquidity providers or their failure to perform; Not Applicable 11. release, substitution or sale of property securing repayment of the Bonds, if material; Not Applicable 12. bankruptcy, insolvency, receivership or similar proceedings of the Authority, which shall occur as described below; Not Applicable 13. appointment of a successor or additional trustee or the change of name of a trustee, if material, or; Not Applicable 14. the consummation of a merger, consolidation, or acquisition involving the Authority or the sale of all or substantially all of the assets of the Authority other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material. Not Applicable Notice for events described in Section 5(a), subsections 4 and 5 of the Disclosure Certificate need not be given under this sub-section any earlier than the notice (if any) of the underlying event given to holders of affected Bonds pursuant to the Fiscal Agent Agreement. Appendix A Debt Service Schedule Appendix B California Debt and Investment Advisory Commission Appendix C Boundary Map BOUNDARY MAPCOMMUNITY FACILITIES DISTRICT NO. 2005-5(VILLAGES AT WASSON CANYON)