HomeMy WebLinkAboutItem No. 28 PH and Election Change Proceedings CFD No. 2006-4 Rosetta HillsVV c. ini-
Agenda Date: 6/23/2020
City of Lake Elsinore
City Council Agenda Report
File Number: ID# 19 -642
In Control: City Council / Successor Agency
Agenda Number: 28)
Public Hearing and Election for Ch
2006 -4 (Rosetta Hills)
130 South Main Street
Lake Elsinore, CA 92530
www.lake - elsinore.org
Version: 1 Status: Approval Final
File Type: Council Public
Hearing
Proceedinas for Communitv Facilities District No.
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2006 -4 (ROSETTA HILLS), AMENDING THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX FOR THE DISTRICT AND APPROVING AMENDMENTS TO
THE FACILITIES AUTHORIZED TO BE FINANCED BY THE DISTRICT;
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2006 -4 (ROSETTA HILLS), CERTIFYING THE RESULTS OF THE
JUNE 23, 2002 SPECIAL ELECTION; and
3. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -4 (ROSETTA HILLS)
AUTHORIZING THE LEVY OF SPECIAL TAXES.
City of Lake Elsinore Page 1 Printed on 611812020
CITY OF
LADE LSIIE
, DREAM EXTREME
TN
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Grant Yates, City Manager
Prepared by: Jason Simpson, Assistant City Manager
Date: June 23, 2020
Subject: Public Hearing and Election for Change Proceedings for Community
Facilities District No. 2006 -4 (Rosetta Hills)
Recommendations
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006 -4 (ROSETTA HILLS), AMENDING THE
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR THE DISTRICT AND
APPROVING AMENDMENTS TO THE FACILITIES AUTHORIZED TO BE FINANCED BY
THE DISTRICT;
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006 -4 (ROSETTA HILLS), CERTIFYING THE
RESULTS OF THE JUNE 23, 2002 SPECIAL ELECTION; and
3. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT
NO. 2006 -4 (ROSETTA HILLS) AUTHORIZING THE LEVY OF SPECIAL TAXES.
Background
The City of Lake Elsinore (the "City ") formed the City of Lake Elsinore Community Facilities
District No. 2006 -4 (Rosetta Hills) (the "District ") in 2006 pursuant to the Mello -Roos Community
Facilities District Act of 1982. The District is located north of Rosetta Canyon Drive, to the east
of the Rosetta Canyon Sports Park and south of Highway 74. The land within the District is
owned by the Donald S. Clurman Separate Property Trust, Three Strands Properties and
Spectrum Communities LLC (collectively, the "Developer "). The development within the District
is expected to include approximately 178 single family homes at build -out.
While the District was formed in 2006, homebuilding has not yet commenced. Due to revisions
in the proposed product mix within the District, the Developer has requested that the District
undertake proceedings to: (1) amend the current rate and method of apportionment of special
taxes with the Amended Rate and Method of Apportionment of Special Taxes (the "Amended
Change Proceedings CFD 2006 -4
June 23, 2020
Page 2 of 2
RMA "); (2) amend the boundary map of the District to include two tax zones within the District;
and (3) revise the list of public facilities authorized to be financed by the District (the "Facilities ").
The current special tax rates within the District range from $2,896 to $3,323 per home. If the
Amended RMA is approved, Tax Zone A within the District will have special tax rates ranging
from $1,463 to $1,805 per home and $10,868 per acre for multifamily property, and Tax Zone B
will have special tax rates ranging from $1,463 to $1,805 per home and $8,555 per acre for
multifamily property.
On May 12, 2020, the City Council adopted Resolution No. 2020 -47 stating its intention to
consider approval of the Amended RMA and the authorization to finance the Facilities and
called for a public hearing to be held on the approval of such matters.
Documents to be Approved
Following the public hearing to be held, approval of the first resolution will call for an election to
be held with respect to the approval of the Amended RMA. The City has received a certificate
of the Registrar of Voters certifying that there are less than 12 Registered Voters residing within
the District during the 90 days prior to the time of the public hearing. Accordingly, the election to
be held will be a landowner election pursuant to which the landowners are the sole eligible
voters within the District. The landowners within the District described above have executed
consents and waivers to certain election law requirements and to allow the election to be
conducted immediately following the public hearing.
Following the holding of the election, the City Council will be asked to certify the election results
and assuming approval of the Amended RMA, introduce the Ordinance authorizing the levy of
the special tax in accordance with the Amended RMA.
Fiscal Impact
The Developer has made a deposit to pay for the costs of the change proceedings described
above. The District will annually levy special taxes on all of the taxable property within the
District in accordance with the Amended RMA in order to pay for the costs of facilities, debt
service on bonds, the services and administration of the District. Any bonds issued by the
District are not obligations of the City and will be secured solely by the Special Taxes levied in
the District.
Exhibits
A - Resolution Approving Change Proceedings
B - Resolution Certifying Election Results
C - Ordinance
D - Landowner Waivers
D1 —Landowner Waivers
E - Certificate of Registrar of Voters
F - Public Hearing Report
RESOLUTION NO. 2020-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING
AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2006 -4 (ROSETTA HILLS), AMENDING THE RATE AND
METHOD OF APPORTIONMENT OF SPECIAL TAX FOR THE DISTRICT AND
APPROVING AMENDMENTS TO THE FACILITIES AUTHORIZED TO BE FINANCED
BY THE DISTRICT
Whereas, after a public hearing, on July 25, 2006, the City Council (the "City Council ") of the City
of Lake Elsinore (the "City ") adopted Resolution Nos. 2006 -117 (the "Resolution of Formation ")
and 2006 -118 (the "Resolution to Incur Bonded Indebtedness ") which formed City of Lake
Elsinore Community Facilities District No. 2006 -4 (Rosetta Hills) (formerly known as City of Lake
Elsinore Community Facilities District No. 2006 -4 (Tracts 30698 & 32129)) (the "District" or
"Community Facilities District No. 2006 -4 ") and called a special election on July 25, 2006 within
the District on three propositions relating to the levying of a special tax, the incurring of bonded
indebtedness and the establishment of an appropriations limit for the District, which were
approved by more than two - thirds vote by the qualified electors within the District on July 25,
2006; and,
Whereas, subsequent to formation, the District received a petition signed by The Donald S.
Clurman Separate Property Trust, Three Strands Properties, LLC a California limited liability
company and Spectrum Communities, LLC, a California limited liability company (together, the
"Owner "), which collectively, currently owns all of the taxable land within the District, to initiate
certain proceedings to: (1) change the name of the District from "City of Lake Elsinore Community
Facilities District No. 2006 -4 (Tracts 30698 & 32129)" to "City of Lake Elsinore Community
Facilities District No. 2006 -4 (Rosetta Hills) "; (2) amend and restate the original rate and method
of apportionment of special tax for the District in the form attached as Attachment "A" (the
"Amended Rate and Method ") to Resolution No. 2020 -47 (the "Resolution of Consideration "); (3)
amend the facilities and certain incidental expenses that the District is authorized to finance as
set forth in Attachment "B" to the Resolution of Consideration (the "Facilities" and the "Incidental
Expenses," respectively); and (4) amend the boundary map of the District previously recorded in
the official records of the County of Riverside on June 23, 2006 in Book No. 67, Page No. 9 of
Maps of Assessment and Community Facilities Districts, as Document No. 2006 - 0456002, in the
form attached as Attachment "C" to the Resolution of Consideration; and,
Whereas, on May 12, 2020, the City Council, acting as the legislative body of Community
Facilities District No. 2006 -4, approved the Resolution of Consideration, stating its intention to
consider the approval of the Amended Rate and Method and the Facilities and Incidental
Expenses authorized to be financed by the District; and,
Whereas, on June 23, 2020, this City Council conducted a noticed public hearing to determine
whether it should proceed with the approval of the Amended Rate and Method and the Facilities
and Incidental Expenses authorized to be financed by the District; and,
Whereas, at the June 23, 2020 public hearing all persons desiring to be heard on all matters
pertaining to the approval of the Amended Rate and Method and the Facilities and Incidental
Expenses authorized to be financed by the District were heard and a full and fair hearing was
held; and,
Change Proceedings CFD 2006 -4
June 23, 2020
Page 2 of 5
Whereas, the City Council determines herein that there have been fewer than twelve registered
voters residing in the District for the period of 90 days prior to June 23, 2020 and that the qualified
electors within the District are the landowners within the District; and,
Whereas, on the basis of all of the foregoing, the City Council has determined at this time to
proceed with the approval of the Amended Rate and Method and the Facilities and Incidental
Expenses authorized to be financed by the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS
THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2006 -4 (ROSETTA HILLS), DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. Each of the above recitals is true and correct.
Section 2. The City Council hereby adopts the Amended Rate and Method attached as
Attachment "A" to the Resolution of Consideration as the rate and method for the District. Except
where funds are otherwise available, it is the intention of the City Council, subject to the approval
of the eligible voters within the District, to levy the proposed special taxes at the rates set forth in
Attachment "A" to the Resolution of Consideration on all non - exempt property within the District
sufficient to pay for (i) the Facilities, (ii) the principal and interest and other periodic costs on the
bonds proposed to be issued by the District to finance the Facilities and other expenses, including
the establishment and replenishment of reserve funds, any remarketing, credit enhancement and
liquidity facility fees (including such fees for instruments which serve as the basis of a reserve
fund in lieu of cash), administrative expenses and other expenses of the type permitted by Section
53345.3 of the Act; and (iii) the Incidental Expenses. The Amended Rate and Method is described
in detail in Attachment "A" to the Resolution of Consideration which are incorporated herein by
this reference, and the City Council hereby finds Attachment "A" to the Resolution of
Consideration contains sufficient detail to allow each landowner within the District to estimate the
maximum amount of Special Taxes that may be levied against each parcel. The special tax shall
be not be levied later than Fiscal Year 2059 -60.
Section 3. The Amended Boundary Map of Community Facilities District No. 2006 -4 are
established as shown on the map designated "Amended Boundary Map of Community Facilities
District No. 2006 -4 (Rosetta Hills) City of Lake Elsinore, County of Riverside, State of California ",
which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111
and 3113 of the Streets and Highways Code in the County Book of Maps of Assessment and
Community Facilities Districts in the Assessor - County Clerk- Recorder's office of the County of
Riverside in Book No. 85 Page No. 21 -22 on May 20, 2020 as Instrument No. 2020 - 0214926.
Section 4. Written protests against the approval of the Amended Rate and Method and the
Facilities and Incidental Expenses authorized to be financed by the District have not been filed by
one -half or more of the registered voters within the boundaries of the District. The City Council
hereby finds that the approval of the Amended Rate and Method and the Facilities and Incidental
Expenses authorized to be financed by the District have not been precluded by a majority protest
pursuant to Section 53337 of the Act.
Section 5. An election is hereby called within the boundaries of the District on the propositions
of approving the Amended Rate and Method and the Facilities and Incidental Expenses
authorized to be financed by the District. The propositions to be placed on the ballot for the District
Change Proceedings CFD 2006 -4
June 23, 2020
Page 3 of 5
are attached hereto as Attachment "A." Following certification of landowner votes in favor of the
adoption of the Amended Rate and Method and the Facilities and Incidental Expenses authorized
to be financed by the District, the District shall record an amended notice of special tax lien for
the District.
Section 6. The date of the foregoing election for the District shall be June 23, 2020, or such
later date as is consented to by the City Clerk and the landowners within the District. The City
Clerk shall conduct the elections. Except as otherwise provided by the Act, the election shall be
conducted by personally delivered or mailed ballots and, except as otherwise provided by the Act,
the election shall be conducted in accordance with the provisions of law regulating elections of
the City insofar as such provisions are determined by the City Clerk to be applicable.
Section 7. It is hereby found that there are no registered voters within the territory of the
District, and, pursuant to Section 53326 of the Act, each landowner who is the owner of record on
the date hereof, or the authorized representative thereof, shall have one vote for each acre or
portion thereof that he or she owns within the District.
Section 8. This Resolution shall be effective upon its adoption.
Passed and Adopted on this 23 d day of June, 2020.
Brian Tisdale, Mayor
Attest:
Candace Alvarez, MMC
City Clerk
Change Proceedings CFD 2006 -4
June 23, 2020
Page 4 of 5
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candace Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2020- was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of June 23, 2020 and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candace Alvarez, MMC
City Clerk
ATTACHMENT "A"
SAMPLE BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006 -4 (ROSETTA HILLS)
SPECIAL ELECTION
June 23, 2020
This ballot represents _ votes.
To vote, write or stamp a cross ( " +" or "X ") in the voting square after the word "YES" or
after the word "NO ". All marks otherwise made are forbidden. All distinguishing marks are
forbidden and make the ballot void.
If you wrongly mark, tear or deface this ballot, return it to the City Clerk of the City of Lake
Elsinore and obtain another.
PROPOSITION A: Shall a special tax with an Amended Rate and YES ❑
Method of Apportionment as provided in Attachment "A" to Resolution
No. 2020 -47 of the City Council of the City of Lake Elsinore for City of NO ❑
Lake Elsinore Community Facilities District No. 2006 -4 (Rosetta Hills)
(the "District') be levied to pay for the Facilities, Incidental Expenses
and other purposes described in Resolution No. 2020 -47, including
the payment of the principal of and interest on bonds issued to finance
the Facilities and Incidental Expenses for the District?
PROPOSITION B: Shall the District be authorized to finance the YES ❑
Facilities and Incidental Expenses from proceeds of the special tax to
be levied within the District and /or from proceeds of bonds or other NO ❑
obligations to be issued by the District as set forth in Attachment "B"
to Resolution No. 2020 -47 adopted on May 12, 2020?
ATTACHMENT A
RESOLUTION NO. 2020 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -4 (ROSETTA
HILLS), CERTIFYING THE RESULTS OF THE JUNE 23, 2020 SPECIAL ELECTION
Whereas, the City Council of City of Lake Elsinore (the "City Council'), acting as the legislative
body of City of Lake Elsinore Community Facilities District No. 2006 -4 (Rosetta Hills) (the
"District ") called and duly held an election on June 23, 2020 within the boundaries of the District
pursuant to Resolution No. for the purpose of presenting to the qualified electors within
the District the propositions attached hereto as Attachment "A "; and,
Whereas, there has been presented to the City Council a certificate of the City Clerk
canvassing the results of the election, a copy of which is attached hereto as Attachment "B ".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS
THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2006 -4 (ROSETTA HILLS), DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. Each of the above recitals is true and correct and is adopted by the legislative
body of the District.
Section 1. Propositions A and B presented to the qualified electors of the District on June
23, 2020 were approved by more than two - thirds of the votes cast at the election held for the
District, and Propositions A and B have carried. The City Council is hereby authorized to levy
on the land within the District the special tax described in Proposition A for the purposes
described therein and to take the necessary steps to levy the special tax authorized by
Proposition A and the District shall be authorized to finance the Facilities and Incidental
Expenses described in Proposition B.
Section 1. The City Clerk is hereby directed to record in the Office of the County Recorder
within fifteen days of the date hereof an amended and restated notice of special tax lien which
Bond Counsel to the District shall prepare in the form required by Streets and Highways Code
Section 3114.5.
CC Res. No. 2020-
Page 2 of 4
Passed and Adopted on this 2311 day of June, 2020.
Attest:
Candace Alvarez, MMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I, Candace Alvarez, MMC,
that Resolution No. 2020 -
California, at the Regular
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brian Tisdale, Mayor
) ss.
City Clerk of the City of Lake Elsinore, California, do hereby certify
was adopted by the City Council of the City of Lake Elsinore,
neeting of June 23, 2020 and that the same was adopted by the
Candace Alvarez, MMC
City Clerk
CC Res. No. 2020 -
Page 3 of 4
ATTACHMENT A
SAMPLE BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006 -4 (ROSETTA HILLS)
SPECIAL ELECTION
June 23, 2020
This ballot represents votes.
To vote, write or stamp a cross ( " +" or "X ") in the voting square after the word "YES" or
after the word "NO ". All marks otherwise made are forbidden. All distinguishing marks are
forbidden and make the ballot void.
If you wrongly mark, tear or deface this ballot, return it to the City Clerk of the City of
Lake Elsinore and obtain another.
PROPOSITION A: Shall a special tax with an Amended Rate and YES ❑
Method of Apportionment as provided in Attachment "A" to
Resolution No. 2020 -47 of the City Council of the City of Lake NO ❑
Elsinore for City of Lake Elsinore Community Facilities District No.
2006 -4 (Rosetta Hills) (the "District ") be levied to pay for the
Facilities, Incidental Expenses and other purposes described in
Resolution No. 2020 -47, including the payment of the principal of
and interest on bonds issued to finance the Facilities and Incidental
Expenses for the District?
PROPOSITION B: Shall the District be authorized to finance the YES ❑
Facilities and Incidental Expenses from proceeds of the special tax
to be levied within the District and /or from proceeds of bonds or other NO ❑
obligations to be issued by the District as set forth in Attachment "B"
to Resolution No. 2020 -47 adopted on May 12, 2020?
ATTACHMENT B
CERTIFICATE OF CITY CLERK
AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS
I, Candace Alvarez, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that I
have examined the returns of the Special Election for City of Lake Elsinore Community Facilities
District No. 2006 -4 (Rosetta Hills) (the "District "). The election was held in the Lake Elsinore
Cultural Center at 183 North Main Street, Lake Elsinore, California, on June 23, 2020. 1 caused
to be delivered ballots to each qualified elector. () ballots were returned.
I further certify that the results of said election and the number of votes cast for and
against Propositions A and B are as follows:
PROPOSITION A PROPOSITION B
YES: YES:
NO: NO:
TOTAL: TOTAL:
Dated this 23rd day of June, 2020.
Candace Alvarez, MMC
Candace Alvarez, MMC, City Clerk
City of Lake Elsinore
ATTACHMENT B
ORDINANCE NO. 2020 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY
OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -4 (ROSETTA
HILLS) AUTHORIZING THE LEVY OF SPECIAL TAXES
Whereas, on June 13, 2006, the City Council of the City of Lake Elsinore (the "City Council ")
adopted Resolution No. 2006 -76 stating its intention to form City of Lake Elsinore Community
Facilities District No. 2006 -4 (Rosetta Hills) (formerly known as City of Lake Elsinore Community
Facilities District No. 2006 -4 (Tracts 30698 & 32129)) ( "Community Facilities District No. 2006-
4" or the "District ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended,
being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California (the "Act'); and,
Whereas, on June 13, 2006, the City Council also adopted Resolution No. 2006 -77 stating its
intention to incur bonded indebtedness within the District in the amount not to exceed
$10,000,000 to finance the facilities and improvements for the District; and,
Whereas, a notice calling a public hearing on July 25, 2006, was published as required by law
relative to the intention of the City Council to establish Community Facilities District No. 2006 -4
and to incur bonded indebtedness within Community Facilities District No. 2006 -4; and,
Whereas, on July 25, 2006, the City Council conducted a noticed public hearing to determine
whether it should proceed with the establishment of Community Facilities District No. 2006 -4,
issue bonds for the benefit of Community Facilities District No. 2006 -4 and authorize the a rate
and method of apportionment of the special taxes in the form attached as Exhibit "A" to
Resolution No. 2006 -76 (the "Original Rate and Method ") to be levied within Community
Facilities District No. 2006 -4; and,
Whereas, at the July 25, 2006, public hearing all persons desiring to be heard on all matters
pertaining to the establishment of Community Facilities District No. 2006 -4, the levy of the
special taxes in accordance with the Original Rate and Method and the issuance of bonds within
Community Facilities District No. 2006 -4 to pay for the cost of the proposed improvements and
incidental expenses were heard and a full and fair hearing was held; and,
Whereas, after the public hearing, on July 25, 2006, the City Council adopted Resolution Nos.
2006 -117 (the "Resolution of Formation ") and 2006 -118 (the "Resolution to Incur Bonded
Indebtedness ") which formed the District and called a special election on July 25, 2006, within
the District on three propositions relating to the levying of the special taxes, the incurring of
bonded indebtedness and the establishment of an appropriations limit for the District, which
were approved by more than two - thirds vote by the qualified electors on July 25, 2006; and,
Whereas, pursuant to Resolution No. 2006 -119, adopted on July 25, 2006, the City Council,
acting as the legislative body of Community Facilities District No. 2006 -4, declared the results of
the special election and directed the recording of a Notice of Special Tax Lien within Community
Facilities District No. 2006 -4; and,
Whereas, the District received a petition signed by The Donald S. Clurman Separate Property
Trust, Three Strands Properties, LLC a California limited liability company and Spectrum
Communities, LLC, a California limited liability company (together, the "Owner "), which
collectively own all of the land within Community Facilities District No. 2006 -4, the boundaries of
which are described in Resolution No. 2007 -156 which petition meets the requirements of
Section 53332 of the Act, requesting that the District (i) change the name of the District from
"City of Lake Elsinore Community Facilities District No. 2006 -4 (Tracts 30698 & 32129)" to "City
of Lake Elsinore Community Facilities District No. 2006 -4 (Rosetta Hills) "; (ii) amend and restate
the Original Rate and Method in the form attached as Attachment "A" to the Resolution of
Consideration (as defined below) (the "Amended Rate and Method "); (iii) amend the facilities
and certain incidental expenses that the District is authorized to finance as set forth in
Attachment "B" to the Resolution of Consideration (the "Facilities" and the "Incidental
Expenses," respectively); and (iv) amend the boundary map of the District previously recorded
in the official records of the County of Riverside on June 23, 2006 in Book No. 67, Page No. 9 of
Maps of Assessment and Community Facilities Districts, as Document No. 2006 - 0456002, in
the form attached as Attachment "C" to the Resolution of Consideration and recorded in the
official records of the County of Riverside on May 20, 2020 in Book No. 85, Page No. 21 -22 of
Maps of Assessment and Community Facilities Districts, as Document No. 2020 - 0214926
(collectively, the "Changes "); and,
Whereas, on May 12, 2020, the City Council, acting as the legislative body of Community
Facilities District No. 2006 -4, adopted Resolution No. 2020 -47 (the "Resolution of
Consideration ") stating its intention to consider the approval of the Changes, including the
amended and restated rate and method of apportionment attached to the Resolution of
Consideration; and,
Whereas, a notice calling a public hearing on June 23, 2020 was published as required by law
relative to the intention of the City Council to consider the approval of the Changes; and,
Whereas, on June 23, 2020, this City Council conducted a noticed public hearing to determine
whether it should proceed with the approval of the Changes; and,
Whereas, at the June 23, 2020 public hearing all persons desiring to be heard on all matters
pertaining to the approval of the Amended and Restated Rate and Method were heard and a full
and fair hearing was held; and,
Whereas, on June 23, 2020, following the close of the public hearing, the City Council adopted
Resolution No. (the "Change Resolution "), which called a special election on June 23,
2020 within Community Facilities District No. 2006 -4 on the approval of the Amended Rate and
Method and the Facilities and Incidental Expenses authorized to be financed by the District;
and,
Whereas, on June 23, 2020, a special election was held within Community Facilities District No.
2006 -4 at which the qualified electors approved by more than a two - thirds vote Proposition A,
approving the Amended Rate and Method for Community Facilities District No. 2006 -4, and
Proposition B, approving the Facilities and Incidental Expenses authorized to be financed by the
District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING IN
ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.
2006 -4 OF THE CITY OF LAKE ELSINORE (ROSETTA HILLS) ORDAINS AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. By the passage of this Ordinance, the City Council authorizes and levies special
taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in
accordance with the Amended Rate and Method of apportionment set forth in Attachment "A" to
the Resolution of Consideration, which is incorporated by reference herein. The special taxes
are hereby levied commencing in the fiscal year specified in the Amended Rate and Method and
in each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to
refund the Bonds), payment of all costs of the public facilities authorized to be financed by the
District, and payment of all costs of administering the District.
Section 3. Each of the Mayor, the City Manager, the Assistant City Manager, or their written
designees (each, an "Authorized Officer "), acting alone, is hereby authorized and directed each
fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal
year on each parcel of real property within the District, in the manner and as provided in the
Amended Rate and Method. The special tax rate levied on a parcel pursuant to the Amended
Rate and Method shall not exceed the maximum rate set forth in the Amended Rate and
Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized
Officer is hereby authorized and directed to provide all necessary information to the Treasurer -
Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to
effect proper billing and collection of the special tax, so that the special tax shall be levied and
collected in sufficient amounts and at times necessary to satisfy the financial obligations of the
District in each fiscal year, and with respect to Special Tax, until the Bonds are paid in full, the
facilities have been paid for, and provision has been made for payment of all of the
administrative costs of the District.
Section 4. Properties or entities of the state, federal or other local governments shall be
exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of
the Act and Section F of the Amended Rate and Method. No other properties or entities are
exempt from the special tax unless the properties or entities are expressly exempted in
Resolution No. 2020 -_ or in a resolution of consideration to levy a new special tax or special
taxes or to alter the rate or method of apportionment or an existing special tax as provided in
Section 53334 of the Act.
Section 5. All of the collections of the special tax shall be used as provided for in the Act,
the Amended Rate and Method and Resolution No. 2020-
Section 6. The special tax shall be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same penalties and the same
procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes
(which such procedures include the exercise of all rights and remedies permitted by law to make
corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as
such procedure may be modified by law or by this City Council from time to time.
Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the
interest or principal of the Bonds (including any bonds issued to refund the Bonds), together
with any penalties and other charges accruing under this Ordinance, are not paid when due, the
City Council may, not later than four years after the due date of the last installment of principal
on the Bonds (including any bonds issued to refund the Bonds), order that the same be
collected by an action brought in the superior court to foreclose the lien of such special tax, as
authorized by the Act.
Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk or Deputy City
Clerk (referred to herein as the "City Clerk ") shall attest to the Mayor's signature and then cause
the same to be published within fifteen (15) days after its passage at least once in The Press
Enterprise, a newspaper of general circulation published and circulated in the City of Lake
Elsinore.
Section 9. The specific authorization for adoption of this Ordinance is pursuant to the
provisions of Section 53340 of the Act.
Section 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance
to the Treasurer -Tax Collector of the County of Riverside, and to perform all other acts which
are required by the Act, this Ordinance or by law in order to accomplish the purpose of this
Ordinance.
Section 11. A full reading of this Ordinance is dispensed with prior to its final passage, a
written or printed copy having been available to the City Council and the public a day prior to its
final passage.
Section 12. This Ordinance shall take effect thirty days after its final passage.
Passed and Adopted on this 23 d day of June, 2020.
Brian Tisdale, Mayor
Attest:
Candace Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candace Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Ordinance No. 2020- was introduced at the Regular meeting of the City Council of
June 23, 2020, and adopted by the City Council of the City of Lake Elsinore, California, at the
Regular meeting of June 23, 2020 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candace Alvarez, MMC
City Clerk
WAIVER OF CERTAIN ELECTION PROCEDURES
WITH RESPECT TO LANDOWNER ELECTION FOR
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006 -4 (ROSETTA HILLS)
The undersigned, Don Clurman, acting on behalf of THE DONALD S. CLURMAN
SEPARATE PROPERTY TRUST (the "Owner "), hereby certifies to the City of Lake Elsinore (the
"City "), with respect to the proposed change proceedings for City of Lake Elsinore Community
Facilities District No. 2006 -4 (Rosetta Hills) (the "District "), as follows:
1. The undersigned has been duly authorized by the Owner and possesses all
authority necessary to execute this Waiver on behalf of the Owner in connection with the
election to be called by the City Council of the City with respect to the District. The Owner
hereby appoints Don Clurman to act as its authorized representative to vote in the election
referred to herein and certifies that his true and exact signature is set forth below:
Signature of Don Clurman:
2. The Owner is the present owner of 49.1 acres of land located within the
boundaries of the District. There are no registered voters residing within the territory owned by
the Owner and have been none during the 90 -day period preceding June 23, 2020.
3. The Owner has received notice of the June 23, 2020 public hearing to be held by
the City Council of the City regarding the approval of (i) a new rate and method of
apportionment for the District (the "Amended Rate and Method "); (ii) an amended boundary map
for the District and (iii) the facilities to be financed for the District (collectively, the "Change
Proceedings "). The Owner agrees that it received adequate notice of the June 23, 2020
hearing.
4. The Owner has received from the City and the City has made available to the
Owner necessary and relevant information regarding the proposed Change Proceedings, as set
forth in Resolution No. 2020 -47 adopted by the City Council on May 12, 2020 (the "Resolution ").
5. The undersigned understands that if the Change Proceedings are undertaken on
or after June 23, 2020, an election will be held by the District on the propositions set forth in the
sample ballot attached hereto as Exhibit "A" less than 90 days after the close of the June 23,
2020 public hearing as in accordance with Section 53326 of the Government Code, without the
preparation of an impartial analysis, arguments or rebuttals concerning the election as provided
for by Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a
tax rate statement as provided in Section 9401 of the Elections Code and without further notice
of such election as required pursuant to the Elections Code or the Government Code. Having
been fully advised with respect to the election, in accordance with the authority contained in
Government Code Sections 53326 and 53327, the Owner waives compliance with the foregoing
provisions of the Elections Code and Government Code, with any time limits or other procedural
requirements pertaining to the conduct of the election which are not being complied with and
consents to having the election on any date on or after the close of the June 23, 2020 public
hearing and consents to the closing of the election as soon as all ballots are received by the
City Clerk.
6. The undersigned hereby represents that compliance with the procedural
requirements for conducting the election, including the receipt of any ballot arguments and
impartial analysis and the time limitations which apply in connection with scheduling, mailing
4814 - 4427- 2061v4/022042 -0032
and publishing notices for such an election, are unnecessary in light of the fact that the
undersigned has received sufficient information regarding the imposition of the special tax and
the issuance of bonded indebtedness as set forth in the Resolution to allow it to properly
complete the attached ballot. The Owner further waives its right to make any protest or
complaint or undertake any legal action challenging the validity of the election, the validity of any
bonded indebtedness issued by the District, or the levy of the special tax to finance facilities for
the benefit of the District or to repay bonded indebtedness issued by the District.
Dated: June , 2020 THE DONALD S. CLURMAN SEPARATE
PROPERTY TRUST
2
4814 - 4427- 2061v4/022042 -0032
LIZA
Don Clurman, Trustee
EXHIBIT A
SAMPLE BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006 -4 (ROSETTA HILLS)
SPECIAL ELECTION
June 23, 2020
This ballot represents _ votes.
To vote, write or stamp a cross ( " +" or "X") in the voting square after the word "YES" or
after the word "NO ". All marks otherwise made are forbidden. All distinguishing marks are
forbidden and make the ballot void.
If you wrongly mark, tear or deface this ballot, return it to the City Clerk of the City of
Lake Elsinore and obtain another.
PROPOSITION A: Shall a special tax with an Amended Rate and YES ❑
Method of Apportionment as provided in Attachment "A" to
Resolution No. 2020 -47 of the City Council of the City of Lake NO ❑
Elsinore for City of Lake Elsinore Community Facilities District No.
2006 -4 (Rosetta Hills) (the "District') be levied to pay for the
Facilities, Incidental Expenses and other purposes described in
Resolution No. 2020 -47, including the payment of the principal of
and interest on bonds issued to finance the Facilities and Incidental
Expenses for the District?
PROPOSITION B: Shall the District be authorized to finance the YES ❑
Facilities and Incidental Expenses from proceeds of the special tax
to be levied within the District and /or from proceeds of bonds or other NO ❑
obligations to be issued by the District as set forth in Attachment "B"
to Resolution No. 2020 -47 adopted on May 12, 2020?
A -1
4814 - 4427- 2061v4/022042 -0032
WAIVER OF CERTAIN ELECTION PROCEDURES
WITH RESPECT TO LANDOWNER ELECTION FOR
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006 -4 (ROSETTA HILLS)
The undersigned, acting on behalf of THREE STRANDS PROPERTIES, LLC, a
California limited liability company and SPECTRUM COMMUNITIES, LLC, a California limited
liability company (together, the "Owner "), hereby certifies to the City of Lake Elsinore (the
"City "), with respect to the proposed change proceedings for City of Lake Elsinore Community
Facilities District No. 2006 -4 (Rosetta Hills) (the "District "), as follows:
1. The undersigned has been duly authorized by the Owner and possesses all
authority necessary to execute this Waiver on behalf of the Owner in connection with the
election to be called by the City Council of the City with respect to the District. The Owner
hereby appoints Don Clurman to act as its authorized representative to vote in the election
referred to herein and certifies that his true and exact signature is set forth below:
Signature of Don Clurman:
2. The Owner is the present owner of 10.6 acres of land located within the
boundaries of the District. There are no registered voters residing within the territory owned by
the Owner and have been none during the 90 -day period preceding June 23, 2020.
3. The Owner has received notice of the June 23, 2020 public hearing to be held by
the City Council of the City regarding the approval of (i) a new rate and method of
apportionment for the District (the "Amended Rate and Method "); (ii) an amended boundary map
for the District and (iii) the facilities to be financed for the District (collectively, the "Change
Proceedings "). The Owner agrees that it received adequate notice of the June 23, 2020
hearing.
4. The Owner has received from the City and the City has made available to the
Owner necessary and relevant information regarding the proposed Change Proceedings, as set
forth in Resolution No. 2020 -47 adopted by the City Council on May 12, 2020 (the "Resolution ").
5. The undersigned understands that if the Change Proceedings are undertaken on
or after June 23, 2020, an election will be held by the District on the propositions set forth in the
sample ballot attached hereto as Exhibit "A" less than 90 days after the close of the June 23,
2020 public hearing as in accordance with Section 53326 of the Government Code, without the
preparation of an impartial analysis, arguments or rebuttals concerning the election as provided
for by Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a
tax rate statement as provided in Section 9401 of the Elections Code and without further notice
of such election as required pursuant to the Elections Code or the Government Code. Having
been fully advised with respect to the election, in accordance with the authority contained in
Government Code Sections 53326 and 53327, the Owner waives compliance with the foregoing
provisions of the Elections Code and Government Code, with any time limits or other procedural
requirements pertaining to the conduct of the election which are not being complied with and
consents to having the election on any date on or after the close of the June 23, 2020 public
hearing and consents to the closing of the election as soon as all ballots are received by the
City Clerk.
6. The undersigned hereby represents that compliance with the procedural
requirements for conducting the election, including the receipt of any ballot arguments and
4842 - 5609- 4141v3/022042 -0032
impartial analysis and the time limitations which apply in connection with scheduling, mailing
and publishing notices for such an election, are unnecessary in light of the fact that the
undersigned has received sufficient information regarding the imposition of the special tax and
the issuance of bonded indebtedness as set forth in the Resolution to allow it to properly
complete the attached ballot. The Owner further waives its right to make any protest or
complaint or undertake any legal action challenging the validity of the election, the validity of any
bonded indebtedness issued by the District, or the levy of the special tax to finance facilities for
the benefit of the District or to repay bonded indebtedness issued by the District.
Dated: June , 2020 THREE STRANDS PROPERTIES, LLC,
a California limited liability company
2
4842 - 5609- 4141v3/022042 -0032
By:
Name:
Title:
SPECTRUM COMMUNITIES, LLC,
a California limited liability company
By:
Name:
Title:
EXHIBIT A
SAMPLE BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006 -4 (ROSETTA HILLS)
SPECIAL ELECTION
June 23, 2020
This ballot represents _ votes.
To vote, write or stamp a cross ( " +" or "X") in the voting square after the word "YES" or
after the word "NO ". All marks otherwise made are forbidden. All distinguishing marks are
forbidden and make the ballot void.
If you wrongly mark, tear or deface this ballot, return it to the City Clerk of the City of
Lake Elsinore and obtain another.
PROPOSITION A: Shall a special tax with an Amended Rate and YES ❑
Method of Apportionment as provided in Attachment "A" to
Resolution No. 2020 -47 of the City Council of the City of Lake NO ❑
Elsinore for City of Lake Elsinore Community Facilities District No.
2006 -4 (Rosetta Hills) (the "District ") be levied to pay for the
Facilities, Incidental Expenses and other purposes described in
Resolution No. 2020 -47, including the payment of the principal of
and interest on bonds issued to finance the Facilities and Incidental
Expenses for the District?
PROPOSITION B: Shall the District be authorized to finance the YES ❑
Facilities and Incidental Expenses from proceeds of the special tax
to be levied within the District and /or from proceeds of bonds or NO ❑
other obligations to be issued by the District as set forth in
Attachment "B" to Resolution No. 2020 -47 adopted on May 12,
2020?
A -1
4842 - 5609- 4141v3/022042 -0032
REBECCA SPENCER
Registrar of Voters
State of California
* ,A
s
O
\\\
r
9, }
REGISTRAR OF VOTERS
COUNTY OF RIVERSIDE
CERTIFICATE OF REGISTRAR OF VOTERS
) ss
County of Riverside )
ART TINOCO
Assistant Registrar of Voters
1, Rebecca Spencer, Registrar of Voters of said County, hereby certify that:
(A) I have been furnished a map describing the proposed boundary of Community
Facilities District No. 2006 -4 (Rosetta Hills) of the City of Lake Elsinore, of the County of Riverside,
State of California;
(B) On April 30, 2020, 1 conducted, or caused to be conducted, a review of the voter
registration records of the County of Riverside for the purpose of determining the number of voters
registered to vote within the proposed boundary of Community Facilities District No. 2006 -4
(Rosetta Hills) of the City of Lake Elsinore, of the County of Riverside.
(C) There are 0 registered voters residing within the proposed boundary of Community
Facilities District No. 2006 -4 (Rosetta Hills) of the City of Lake Elsinore, of the County of Riverside.
IN WITNESS WHEREOF, I have executed this Certificate on this 30t' day of April 2020.
Rebecca Spencer
Registrar of Voters 1
By: l
Art Tinoco
Assistant Registrar of Voters
2720 Gateway Drive I Riverside, CA 92507 -0921
Mailing address: 2724 Gateway Drive I Riverside, CA 92507 -0918
(951) 486 -7200 1 TTY (951) 697 -8966 1 FAX (951) 486 -7272
www.voteinfo.net
-
CITY OF LAKE ELSINORE
Public Hearing Report
TM
CFD NO. 2006 -4 (ROSETTA HILLS)
JUNE 23, 2020
,I**>
SPICER CONSULTING
G R O U P
Table of Contents
1 Introduction 1
2 Description of Facilities 2
3 Cost Estimate 3
4 Proposed Development 4
5 Rate and Method of Apportionment 6
6 Certifications 7
Tables
3 -1 Cost Estimate 3
Appendices
A Rate and Method of Apportionment
B Boundary Map
C Resolution of Intention
SPICER CONSULTING
G R O U P
1 Introduction 1 1
Background
On July 25, 2006, the City Council (the "City Council ") of the City of Lake Elsinore (the "City "), adopted a Resolution of
Formation to form Community Facilities District No. 2006 -4 (Tracts 30698 & 32129) of the City of Lake Elsinore (the "CFD
No. 2006 -4 "), Resolution No. 2016 -117, and upon an election held on the same day to the qualified electors within the District
was approved by more than two - thirds vote, pursuant to the provisions of the "Mello -Roos Community Facilities Act of 1982 ",
being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, (the "Act ").
On May 12, 2019, the City Council adopted Resolution of Intention to Amend CFD No. 2006 -4, Resolution No. 2020-,
to initiate certain changes to: (1) change the name of the District from "City of Lake Elsinore Community Facilities District
No. 2006 -4 (Tracts 30698 & 32129)" to "City of Lake Elsinore Community Facilities District No. 2006 -4 (Rosetta Hills) "; (2)
amend and restate the original rate and method of apportionment of special tax for the District (the "Original Rate and
Method ") in the form attached as Appendix A (the "Amended Rate and Method "); (3) amend the facilities and certain
incidental expenses that the District is authorized to finance as set forth in Section 2; and (4) amending the boundary map
of the District previously recorded in the official records of the County of Riverside on June 23, 2006 in Book No. 67, Page
No. 9 of Maps of Assessment and Community Facilities Districts, as Document No. 2006 - 0456002 (the "Original Boundary
Map "), in the form attached as Appendix B (the "Amended Boundary Map ")
CFD No. 2006 -4 is currently comprised of five parcels and approximately 52.53 gross acres. A Tract Map 30698 including
158 residential units and Tract Map 32129 including 20 residential units for a total of 178 detached residential properties
proposed to be developed within the District. The properties are located north of Rosetta Canyon Drive, to the east of the
Rosetta Canyon Sports Park and south of Highway 74.
Purpose of Public Hearing Report
WHEREAS, this Community Facilities District Report ( "Report') is being provided to the City Council and generally contains
the following:
1. A brief description of CFD No. 2006 -4;
2. A brief description of the Facilities required at the time of formation to meet the needs of CFD No. 2006 -4.
3. A brief description of the Boundaries of CFD No. 2006 -4; and
4. An estimate of the cost of financing the bonds used to pay for the Facilities, including all costs associated with formation
of the District, issuance of bonds, determination of the amount of any special taxes, collection of any special taxes, or costs
otherwise incurred in order to carry out the authorized purposes of the City with respect to the District, and any other
incidental expenses to be paid through the proposed financing.
For particulars, reference is made to the Resolution of Intention as previously approved and adopted and is included in
Appendix C.
<C�� City of Lake Elsinore
� CFD No. 2006 -4 (Rosetta Hills)
SPICER CONSULTING
G R O U P Public Hearing Report
2 Description of Facilities 1 2
NOW, THEREFORE, the undersigned, authorized representative of Spicer Consulting Group, LLC, the appointed
responsible officer, or person directed to prepare this Report, does hereby submit the following data:
Description of the Facilities
A Community Facilities District may pay for facilities which may include all amounts necessary to eliminate any fixed special
assessment liens or to pay, repay, or defease any obligation to pay for any indebtedness secured by any tax, fee, charge,
or assessment levied, provide for the purchase, construction, expansion, or rehabilitation for any real or other tangible
property with an estimated useful life of five (5) years or longer, which is necessary to meet increased demands placed
upon local agencies as a result of development and /or rehabilitation occurring within the District.
The types of facilities that are proposed by CFD No. 2006 -4 and financed with the proceeds of special taxes and bonds
issued by CFD No. 2006 -4 consist of the construction, purchase, modification, expansion, rehabilitation and/or improvement
of (i) drainage, library, park, fire, roadway, traffic, administration and community center facilities, marina and animal shelter
facilities, and other public facilities of the City, including the foregoing public facilities which are included in the City's fee
programs with respect to such facilities and authorized to be financed under the Mello -Roos Community Facilities Act of
1982, as amended (the "City Facilities ") and (ii) water and sewer facilities including the acquisition of capacity in the sewer
system and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal
Water District's water and sewer capacity and connection fee programs (the "Water District Facilities" and together, with the
City Facilities, the "Facilities "), and all appurtenances and appurtenant work in connection with the foregoing Facilities,
including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction
management and supervision for such Facilities.
Incidental Expenses
The Incidental Expenses to be paid from bond proceeds and /or special taxes include:
a) The cost of engineering, planning and designing the Facilities; and
b) All costs, including costs of the property owner petitioning to form the District, associated with the creation
of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and
costs otherwise incurred in order to carry out the authorized purposes of the District; and
C) Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and
inspection of the Facilities.
Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of
Special Taxes for the District.
All costs associated with the amendment of CFD No. 2006 -4, the issuance of bonds, the determination of the amount of
special taxes to be levied, costs incurred in order to carry out the authorized purposes of CFD No. 2006 -4, including legal
fees, fees of consultants, engineering, planning, designing and the annual costs to administer CFD No. 2006 -4 and any
obligations.
The description of the eligible public facilities, services and incidental expenses above are preliminary and general in nature.
The final plans and specifications approved by the applicable public agency may show substitutes or modifications in order
to accomplish the work or serve the new development and any such substitution or modification shall not constitute a change
or modification in the proceedings relating to CFD No. 2006 -4.
C City of Lake Elsinore
CFD No. 2006 -4 (Rosetta Hills)
SPICER CONSULTING
G R O U P Public Hearing Report
3 Cost rc}imate
Below is the estimated cost of facilities to be provided to the District.
13
a) The cost estimate of facilities, including incidental expenses, to be financed through the issuance of CFD No. 2006-
4 Bonds is estimated to be $5,055,000 based upon current dollars (Fiscal Year 2020 -21).
b) For further particulars please reference Table 3 -1 below and incorporated herein by reference.
c) Pursuant to Section 53340 of the Act, the proceeds of any special tax levied and collected by CFD No. 2006 -4 may
be used only to pay for the cost of providing public facilities, services, and incidental expenses. As defined by the
Act, incidental expenses include, but are not limited to, the annual costs associated with determination of the amount
of special taxes, collection of special taxes, payment of special taxes, or costs otherwise incurred in order to carry
out the authorized purposes of the District. The incidental expenses associated with the annual administration of
CFD No. 2006 -4 are estimated to be $30,000 in the initial Fiscal Year. However, it is anticipated that the incidental
expenses will vary due to inflation and other factors that may not be foreseen today, and the actual incidental
expenses may exceed these amounts accordingly.
Table 3 -1
Cost Estimate
of Lake Elsinore
Total
Bond Allocationi�
—City
Storm Drain Improvements
$593,681
$1,687,960
$593,681
$1,687,960
Street Improvements
Traffic Impact Fee
$243,682
$243,682
Library
$26,700
$26,700
City Hall & Public Works Facilities
$144,002
$144,002
Community Center
$97,010
$97,010
Marina Facilities
$138,662
$138,662
Animal Shelter
$61,944
$61,944
Fire Facility
$133,678
$133,678
Park Capital Improvement Fund
Drainage Fee
$320,400
1 $495,730
$320,400
$495,730
Total City
$3,943,449
$3,943,449
Elsinore Valley Municipal Water District
Total
Bond Allocation��
Water Capacity Fee
Sewer Capacity Fee
$1,011,264
$1,011,264
$970,416
$233,547
Total EVMWD
1,981,680
$1,244,811
Total Eligible Fees /l m prove ments
$5,925,129
$4,176,996
Incidental Financing Costs
$878,004
Total Funded by Bond Proceeds
$5,055,000
Total Feeslimprovements to be Funded by Developer 1 1 $1,748,133
(1) Amounts are allocated based upon estimated bond sizing and may change abased upon market conditions at the time
of bond issuance.
4��
WICER CONSULTING
G R O U P
City of Lake Elsinore
CFD No. 2006 -4 (Rosetta Hills)
Public Hearing Report
4 Proposer+ n- ,,- I ,)pment
14
The CFD No. 2006 -4 includes approximately 52.53 gross acres in two separate Tax Zones. Tax Zone A includes Tract Map
30698 and Tax Zone B includes Tract Map 32129 consisting of 42.53 and 10.00 gross acres respectively. Tax Zone A
includes 165 undeveloped assessor's parcels and Tax Zone B includes one undeveloped assessor's parcel located in the
City. The property within CFD No. 2006 -4 is expected to be developed with 168 single family residential units. The District
is located to the east of Interstate 15 and is bordered by Nichols Road to the north. As of Fiscal Year 2020 -21 the proposed
CFD No. 2006 -4 includes the following Assessor's Parcel Numbers:
Tax Zone A - Tract Map 30698
Assessor
Parcel Number
Assessor
Parcel Number
Assessor
Parcel Number
Assessor
Parcel Number
Assessor
Parcel Number
347 - 560 -001
347 - 561 -009
347 - 571 -016
347 - 580 -004
347 - 560 -017
347 - 560 -002
347 - 561 -010
347 - 571 -017
347 - 580 -005
347 - 560 -018
347 - 560 -003
347 - 561 -011
347 - 571 -018
347 - 580 -006
347 - 560 -019
347 - 560 -004
347 - 561 -012
347 - 571 -019
347 - 581 -001
347 - 560 -020
347 - 560 -005
347 - 561 -013
347 - 571 -020
347 - 581 -002
347 - 560 -021
347 - 560 -006
347 - 561 -014
347 - 571 -021
347 - 581 -003
347 - 560 -022
347 - 560 -007
347 - 561 -015
347 - 571 -022
347 - 581 -004
347 - 560 -023
347 - 560 -008
347 - 561 -016
347 - 571 -023
347 - 581 -005
347 - 560 -024
347 - 560 -009
347 - 561 -017
347 - 571 -024
347 - 581 -006
347 - 560 -025
347 - 560 -010
347 - 561 -018
347 - 571 -025
347 - 582 -001
347 - 560 -026
347 - 560 -011
347 - 570 -015
347 - 571 -026
347 - 582 -002
347 - 560 -027
347 - 570 -001
347 - 570 -016
347 - 571 -027
347 - 582 -003
347 - 560 -028
347 - 570 -002
347 - 570 -017
347 - 571 -028
347 - 582 -004
347 - 560 -029
347 - 570 -003
347 - 570 -018
347 - 562 -001
347 - 582 -005
347 - 560 -030
347 - 570 -004
347 - 570 -019
347 - 562 -002
347 - 582 -006
347 - 560 -031
347 - 570 -005
347 - 570 -020
347 - 562 -003
347 - 582 -007
347 - 560 -032
347 - 570 -006
347 - 570 -021
347 - 562 -004
347 - 582 -008
347 - 560 -033
347 - 570 -007
347 - 570 -022
347 - 562 -005
347 - 582 -009
347 - 560 -034
347 - 570 -008
347 - 571 -001
347 - 562 -006
347 - 582 -010
347 - 560 -035
347 - 570 -009
347 - 571 -002
347 - 562 -007
347 - 582 -021
347 - 560 -036
347 - 570 -010
347 - 571 -003
347 - 562 -008
347 - 582 -012
347 - 560 -037
347 - 570 -011
347 - 571 -004
347 - 562 -009
347 - 582 -013
347 - 560 -038
347 - 570 -012
347 - 571 -005
347 - 562 -010
347 - 582 -014
347 - 560 -039
347 - 570 -013
347 - 571 -006
347 - 562 -011
347 - 582 -015
347 - 560 -040
347 - 570 -014
347 - 571 -007
347 - 562 -012
347 - 582 -016
347 - 560 -041
347 - 561 -001
347 - 571 -008
347 - 562 -013
347 - 582 -017
347 - 560 -042
347 - 561 -002
347 - 571 -009
347 - 562 -014
347 - 582 -018
347 - 560 -043
347 - 561 -003
347 - 571 -010
347 - 562 -015
347 - 582 -019
347 - 571 -029
347 - 561 -004
347 - 571 -011
347 - 562 -016
347 - 560 -012
347 - 580 -007
347 - 561 -005
347 - 571 -012
347 - 562 -017
347 - 560 -013
347 - 581 -007
347 - 561 -006
347 - 571 -013
347 - 580 -001
347 - 560 -014
347 - 560 -044
347 - 561 -007
347 - 571 -014
347 - 580 -002
347 - 560 -015
347 - 581 -008
347 - 561 -008
347 - 571 -015
347 - 580 -003
347 - 560 -016
347 - 582 -023
5
SPICER CONSULTING
G R O U P
City of Lake Elsinore
CFD No. 2006 -4 (Rosetta Hills)
Public Hearing Report
4 Proposed Development
Tax Zone B – Tract Map 32129
Assessor
Parcel Number
347 - 110 -021
A map showing the amended boundaries of CFD No. 2006 -4 is included in Appendix B.
5
SPICER CONSULTING
G R O U P
D— 1 5
City of Lake Elsinore
CFD No. 2006 -4 (Rosetta Hills)
Public Hearing Report
5 Rate and Method of Apportionment Page 1 6
The Amended and Restated Rate and Method of Apportionment of Special Taxes (the "Amended Rate and Method ") allows
each property owner within CFD No. 2006 -4 to estimate the annual Special Tax amount that would be required for payment.
The Amended Rate and Method is established pursuant to these proceedings, is attached hereto as Appendix A. The
Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be
subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however,
that the CFD Administrator may directly bill the Special Taxes, may collect Special Taxes at a different time or in a different
manner if necessary to meet the financial obligations of CFD No. 2006 -4, and provided further that CFD No. 2006 -4 may
covenant to foreclose and may actually foreclose on parcels having delinquent Special Taxes as permitted by the Act.
The Amended Rate and Method includes two separate Tax Zones within the District. Tax Zone A includes special tax rates
ranging from $1,463 to $1,805 per Residential Unit for Single Family Residential Property and $10,868 per Acre for
Multifamily Property, and Tax Zone B includes special tax rates ranging from $1,463 to $1,805 per Residential Unit for
Single Family Residential Property and $8,555 per acre for Multifamily Property.
All of the property located within CFD No. 2006 -4, unless exempted by law or by the Amended Rate and Method proposed
for CFD No. 2006 -4, shall be taxed for the purpose of providing necessary facilities to serve the District. The Amended
Boundary Map for CFD No. 2006 -4 is attached hereto as Appendix B. Pursuant to Section 53325.3 of the Act, the tax
imposed "is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the
basis of benefit to any property." The Special Tax may be based on the benefit received by property, the cost of making
facilities or authorized services available or other reasonable basis as determined by the City, although the Special Tax
may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. A property owner
within the District may choose to prepay in whole or in part the Special Tax. The available method for so doing is described
in Section G of the Amended Rate and Method ( "Prepayment of Special Tax ").
For each year that any Bonds are outstanding the Special Tax shall be levied on all parcels subject to the Special Tax. If
any delinquent Special Taxes remain uncollected prior to or after all Bonds are retired, the Special Tax may be levied to the
extent necessary to reimburse CFD No. 2006 -4 for uncollected Special Taxes associated with the levy of such Special
Taxes, but the Special Tax shall not be levied after 2059 -2060 Fiscal Year.
For particulars as to the Amended Rate and Method for CFD No. 2006 -4, see the attached and incorporated in Appendix
A.
<C�� City of Lake Elsinore
� CFD No. 2006 -4 (Rosetta Hills)
SPICER CONSULTING
G R O U P Public Hearing Report
6 Certifications
i7
Based on the information provided herein, it is my opinion that the described services herein are those that are necessary
to meet increased demands placed upon the City of Lake Elsinore as a result of development occurring within the CFD No.
2006 -4 and benefits the lands within said CFD No. 2006 -4. Further, it is my opinion that the special tax rates and method
of apportionment, as set forth herein, are fair and equitable, uniformly applied and not discriminating or arbitrary.
Date: June 23, 2020 SPICER CONSULTING GROUP, LLC
HA SPICER
SPECIAL TAX CONSULTANT FOR
CITY OF LAKE ELSINORE
RIVERSIDE COUNTY
STATE OF CALIFORNIA
SPICER CONSULTING
G R O U P
City of Lake Elsinore
CFD No. 2006 -4 (Rosetta Hills)
Public Hearing Report
APPENDIX A
Rate and Method of Apportionment
1$10$�>
SPICER CONSULTING
G R O U P
AMENDED AND RESTATED
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2006 -4 (ROSETTA HILLS)
OF THE CITY OF LAKE ELSINORE
A Special Tax (all capitalized terms are defined in Section A, "Definitions ", below) shall be applicable to
each Assessor's Parcel of Taxable Property located within the boundaries of the City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) ( "CFD No. 2006 -4 "). The amount of Special Tax to
be levied in each Fiscal Year on an Assessor's Parcel shall be determined by the City Council of the City of
Lake Elsinore, acting in its capacity as the legislative body of CFD No. 2006 -4, by applying the appropriate
Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional
Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless
exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent
and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or
if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final
Map, parcel map, Condominium Plan, or other recorded County parcel map or instrument. The square
footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello -Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to
the administration of CFD No. 2006 -4, including but not limited to: the costs of computing the Special
Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or
both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting
Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties
required of it under the Indenture; the costs to the City, CFD No. 2006 -4 or any designee thereof of
complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006 -4 or any designee
thereof of complying with disclosure requirements of the City, CFD No. 2006 -4 or obligated persons
associated with applicable federal and state securities laws and the Act; the costs associated with
preparing Special Tax disclosure statements and responding to public inquiries regarding the Special
Taxes; the costs of the City, CFD No. 2006 -4 or any designee thereof related to an appeal of the Special
Tax; the costs associated with the release of funds from an escrow account; and the City's annual
administration fees and third party expenses. Administration Expenses shall also include amounts
estimated by the CFD Administrator or advanced by the City or CFD No. 2006 -4 for any other
administrative purposes of CFD No. 2006 -4, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
"Amended Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD
and amends the Original Boundary Map.
City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) Page 1
"Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map
that was recorded prior to the January 1" preceding the Fiscal Year in which the Special Tax is being levied,
(ii) and has an assigned Assessor's Parcel Number from the County shown on an Assessor's Parcel Map for
the individual lot included on the Final Map, and (iii) 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" means the Special Tax of that name described in Section D below.
"Backup Special Tax" means the Special Tax of that name described in Section D 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 Tax of CFD No. 2006 -4 have been pledged.
"Building Permit" means the first legal document issued by a local agency giving official permission for
new construction. For purposes of this definition, "Building Permit" may or may not include any
subsequent building permit document(s) authorizing new construction on an Assessor's Parcel that are
issued or changed by the City after the first original issuance, as determined by the CFD Administrator as
necessary to fairly allocate Special Tax to the Assessor's Parcel, provided that following such
determination the Maximum Special Tax that may be levied on all Assessor's Parcels of Taxable Property
will be at least 1.1 times maximum annual debt service on all outstanding Bonds plus the estimated annual
Administrative Expenses.
"Building Square Footage" or "BSF" means the square footage of assessable internal living space,
exclusive of garages or other structures not used as living space, as determined by reference to the
Building Permit for such Assessor's Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following December
31.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining the
Special Tax Requirement, and providing for the levy and collection of the Special Taxes.
"CFD" or "CFD No. 2006 -4" means Community Facilities District No. 2006 -4 (Rosetta Hills) established by
the City under the Act.
"City" means the City of Lake Elsinore.
City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) Page 2
"City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD
No. 2006 -4.
"Condominium Plan" means a condominium plan as set forth in the California Civil Code, Section 4285.
"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 Vt preceding the Fiscal Year in which the Special Tax is being
levied, and (ii) has an Assessor's Parcel Number from the County shown on an Assessor's Parcel Map for
the individual lot included on the Final Map, and (iii) a Building Permit for new construction was issued on
or before May 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes as
provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or
recordation of a Condominium Plan pursuant to California Civil Code Section 1352 that creates individual
lots for which Building Permits may be issued without further subdivision.
"Fiscal Year" means the period commencing on July 1st of any year and ending the following June 30th.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to
which Bonds are issued, as modified, amended and /or supplemented from time to time, and any
instrument replacing or supplementing the same.
"Land Use Category" means any of the categories listed in Table 1 and Table 2 of Section D.
"Maximum Special Tax" means for each Assessor's Parcel, the maximum Special Tax, determined in
accordance with Section D below, that can be levied by CFD No. 2006 -4 in any Fiscal Year on such
Assessor's Parcel.
"Multifamily Property" means all Assessor's Parcels of Developed Property for which a Building Permit
has been issued for the purpose of constructing a building or buildings comprised of attached Residential
Units available for rental by the general public, not for sale to an end user, and under common
management, as determined by the CFD Administrator.
"Non- Residential Property" or "NR" means all Assessor's Parcels of Taxable Property for which a building
permit(s) was issued for a non - residential use. The CFD Administrator shall make the determination if an
Assessor's Parcel is Non - Residential Property.
"Original Boundary Map" means a recorded map of the CFD which indicates the original boundaries of
the CFD recorded in book 67 of maps of assessment and community facilities district page 9 as instrument
no. 2006 - 0456002 recorded with the County.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax
obligation for an Assessor's Parcel, as described in Section G.2.
City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) Page 3
"Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an
Assessor's Parcel, as described in Section G.1.
"Proportionately" means for Taxable Property that is (i) Developed Property, that the ratio of the actual
Special Tax levy to the Assigned Special Tax is the same for all Assessor's Parcels of Developed Property,
(ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same
for all Assessor's Parcels of Approved Property, and (iii) Undeveloped Property, or Provisional
Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax
per Acre is the same for all Assessor's Parcels of Undeveloped Property, or Provisional Undeveloped
Property, as applicable.
"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 F, but cannot be
classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property
below the required minimum Acreage set forth in Sections F.
"Residential Property" means all Assessor's Parcels of Developed Property for which a building permit
has been issued for purposes of constructing one or more Residential Units.
"Residential Unit" or "RU" means a residential unit that is used or intended to be used as a domicile by
one or more persons, as determined by the CFD Administrator.
"Single Family Residential Property" means all Assessor's Parcels of Residential Property other than
Multifamily Property.
"Special Tax" means any of the special taxes authorized to be levied within CFD No. 2006 -4 pursuant to
the Act to fund the Special Tax Requirement.
"Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or
the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year,
(ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account,
(iv) any amount required to replenish any reserve funds established in association with the Bonds, (v) an
amount equal to any anticipated shortfall due to Special Tax delinquencies, and (vi) for the collection or
accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2006 -4 or the
payment of debt services on Bonds anticipated to be issued, provided that the inclusion of such amount
does not cause an increase in the levy of Special Tax on Approved Property or Undeveloped Property as
set forth in Steps Two or Three of Section E., less (vii) any amounts available to pay debt service or other
periodic costs on the Bonds pursuant to the Indenture.
"Taxable Property" means all Assessor's Parcels within CFD No. 2006 -4, which are not Exempt Property.
"Taxable Unit" means either a Residential Unit or an Acre.
"Tax Zone(s)" means the geographical area(s) identified as Tax Zone A or Tax Zone B as shown on the
Amended Boundary Map.
"Tax Zone A" means all property located within the specific area identified on the Amended Boundary
Map as Tax Zone A.
City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) Page 4
"Tax Zone B" means all property located within the specific area identified on the Amended Boundary
Map as Tax Zone B.
"Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final
Map approved for the subdivision.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed
Property, Approved Property, Provisional Undeveloped Property.
B. SPECIAL TAX
Commencing Fiscal Year 2020 -2021 and for each subsequent Fiscal Year, the City Council shall levy Special
Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to fund the Special Tax
Requirement.
C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2020 -2021, each Assessor's Parcel within CFD No. 2006 -4 shall
be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable
Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or
Provisional Undeveloped Property shall be further classified as being in within Tax Zone A or Tax Zone B.
Assessor's Parcels of Developed Property shall further be classified as Residential Property or Non -
Residential Property. Each Assessor's Parcel of Residential Property shall further be classified as a Single
Family Residential Property, or Multifamily Property. Each Assessor's Parcel of Single Family Residential
Property shall be further categorized into Land Use Categories based on its Building Square Footage and
assigned to its appropriate Assigned Special Tax rate.
In the event that an Assessor's Parcel for which one or more Building Permits have been issued and the
County has not yet assigned final Assessor's Parcel Number(s) to the Residential Unit(s) (in accordance
with the Final Map or Condominium Plan) on such Assessor's Parcel, the amount of the Special Tax levy
on such Assessor's Parcel for each Fiscal Year shall be determined as follows: (1) the CFD Administrator
shall first determine an amount of the Maximum Special Tax levy for such Assessor's Parcel, based on the
classification of such Assessor's Parcel as Undeveloped Property; (2) the amount of the Special Tax levy
for the Residential Units on such Assessor's Parcel for which Building Permits have been issued shall be
determined based on the Developed Property Special Tax rates and shall be taxed as Developed Property
in accordance with Step 1 of Section E below; and (3) the amount of the Special Tax levy on the Taxable
Property in such Assessor's Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the
percentage of the Maximum Special Tax rate levied on all other Undeveloped Property multiplied by the
total of the amount determined in clause (1), less the amount determined in clause (2).
D. MAXIMUM SPECIALTAX
1. Developed Property
The Maximum Special Tax for each Assessor's Parcel of Single Family Residential Property in any Fiscal
Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax.
City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) Page 5
The Maximum Special Tax for each Assessor's Parcel of Non - Residential Property or Multifamily
Residential Property within the boundaries of the CFD shall be the applicable Assigned Special Tax
described in Table 1 or Table 2 of Section D.
a. Assigned Special Tax
Each Fiscal Year, each Assessor's Parcel of Single Family Residential Property, Multifamily Property, or
Non - Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax
applicable to an Assessor's Parcel of Developed Property shall be determined pursuant to Table 1 and
Table 2 below.
TABLE 1
ASSIGNED SPECIAL TAX FOR
DEVELOPED PROPERTY WITHIN TAX ZONE A
Land Use Category
Taxable
Unit
Building Square Footage
Assigned
Special Tax Per
Taxable Unit
1. Single Family Residential Property
RU
Less than 1,800 sq. ft
$1,463.00
2. Single Family Residential Property
RU
1,800 sq. ft to 2,100 sq. ft
$1,617.00
3. Single Family Residential Property
RU
2,100 sq. ft to 2,400 sq. ft
$1,702.00
4. Single Family Residential Property
RU
Greater than 2,400 sq. ft
$1,805.00
5. Multifamily Property
Acre
N/A
$10,868.00
6. Non - Residential Property
Acre
N/A
$10,868.00
On each July 1, commencing July 1, 2021, the Assigned Special Tax rate for Developed Property shall
be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
TABLE 2
ASSIGNED SPECIAL TAX FOR
DEVELOPED PROPERTY WITHIN TAX ZONE B
Land Use Category
Taxable
Unit
Building Square Footage
Assigned
Special Tax Per
Taxable Unit
1. Single Family Residential Property
RU
Less than 1,800 sq. ft
$1,463.00
2. Single Family Residential Property
RU
1,800 sq. ft to 2,100 sq. ft
$1,617.00
3. Single Family Residential Property
RU
2,100 sq. ft to 2,400 sq. ft
$1,702.00
4. Single Family Residential Property
RU
Greater than 2,400 sq. ft
$1,805.00
5. Multifamily Property
Acre
N/A
$8,555.00
6. Non - Residential Property
Acre
N/A
$8,555.00
On each July 1, commencing July 1, 2021, the Assigned Special Tax rate for Developed Property shall
be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
b. Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use
Type. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special
Tax for all Land Use Categories located on the Assessor's Parcel. The CFD Administrator's allocation to
each type of property shall be final.
City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) Page 6
c. Backup Special Tax
When a Final Map is recorded, the CFD Administrator shall determine which Tax Zone the Final Map
area lies within and the Backup Special Tax for an Assessor's Parcel within a Final Map classified or to
be classified as Single Family Residential Property shall calculated according to the following formula.
B= (UxA) /L
The terms above have the following meanings:
B = Backup Special Tax per per Assessor's Parcel within the Final Map
U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below
A = Acreage of Single Family Residential Property expected to exist in such Final Map at the time
of calculation, as determined by the Administrator
L = Number of Residential Units expected to exist in such Final Map at the time of calculation, as
determined by the Administrator.
In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all
Assessor's Parcels within such changed or modified area shall be $10,868 per Acre for Tax Zone A and
$8,555 for Tax Zone B.
In the event any superseding Final Map is recorded as a Final Map within the Boundaries of the CFD,
the Backup Special Tax for all Assessor's Parcels within such Final Map shall be $10,868 per Acre for
Tax Zone A and $8,555 for Tax Zone B. The Backup Special Tax shall not apply to Multifamily Residential
Property, or Non - Residential Property.
On each July 1, commencing July 1, 2021, the Backup Special Tax rate shall be increased by two percent
(2.00%) of the amount in effect in the prior Fiscal Year.
2. Approved Property
The Maximum Special Tax for each Assessor's Parcel of Approved Property expected to be classified as
Single Family Residential Property shall be the Backup Special Tax computed pursuant to Section D.1.c
above.
The Maximum Special Tax for each Assessor's Parcel of Approved Property expected to be classified as
Multifamily Residential Property or Non - Residential Property shall $10,868 per Acre for Tax Zone A and
$8,555 for Tax Zone B.
On each July 1, commencing July 1, 2021, the Maximum Special Tax rate for Approved Property shall
be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
3. Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property
pursuant to the provisions of Section F
City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) Page 7
The Maximum Special Tax for each Assessor's Parcel of Undeveloped Property and Provisional
Undeveloped Property that is not Exempt Property is shown in Table 3 below.
TABLE 3
UNDEVELOPED PROPERTY AND PROVISIONAL UNDEVELOPED PROPERTY
MAXIMUM SPECIAL TAX
Tax Zone
Maximum Special Tax
Per Acre
A
$10,868
B
$8,555
On each July 1, commencing July 1, 2021, the Maximum Special Tax rate for Undeveloped Property and
Provisional Undeveloped Property shall be increased by two percent (2.00 %) of the amount in effect
in the prior Fiscal Year.
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2020 -2021 and for each subsequent Fiscal Year, the City Council shall levy Special
Taxes on all Taxable Property in accordance with the following steps:
Step One: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed
Property at up to 100% of the applicable Assigned Special Tax rates needed to satisfy the
Special Tax Requirement.
Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step
has been completed, the Special Tax shall be levied Proportionately on each Assessor's
Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each
such Assessor's Parcel as needed to satisfy the Special Tax Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two
steps have been completed, the Annual Special Tax shall be levied Proportionately on
each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax
applicable to each such Assessor's Parcel as needed to satisfy the Special Tax
Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, then the Special Tax levy on each Assessor's Parcel of
Developed Property for which the Maximum Special Tax is the Backup Special Tax shall
be increased Proportionately from the Assigned Special Tax up to 100% of the Backup
Special Tax as needed to satisfy the Special Tax Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four
steps have been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Maximum
Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax
Requirement.
City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) Page 8
Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against
any Assessor's Parcel of Residential Property as a result of a delinquency in the payment of the Special
Tax applicable to any other Assessor's Parcel be increased by more than ten percent (10 %) above the
amount that would have been levied in that Fiscal Year had there never been any such delinquency or
default.
F. EXEMPTIONS
The City shall classify as Exempt Property within the applicable Tax Zone, in the following order of priority,
(i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted
in use by the State of California, Federal or other local governments, including school districts, (ii)
Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes
because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by,
irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv)
Assessor's Parcels with public or utility easements making impractical their utilization for other than the
purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered
by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types of public uses
determined by the City Council, provided that no such classification would reduce the sum of all Taxable
Property to less than 23.92 Acres in Tax Zone A and 3.85 Acres in Tax Zone B.
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 23.92 Acres in Tax Zone A
and 3.85 Acres in Tax Zone B . Assessor's Parcels which cannot be classified as Exempt Property because
such classification would reduce the Acreage of all Taxable Property to less than 23.92 Acres in Tax Zone
A and 3.85 Acres in Tax Zone B will be classified as Provisional Undeveloped Property, and will be subject
to Special Tax pursuant to Step Five in Section E.
G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:
"CFD Public Facilities" means $4,700,000 expressed in 2020 dollars, which shall increase by the
Construction Inflation Index on July 1, 2021, and on each July 1 thereafter, or such lower amount (i)
determined by the City Council as sufficient to provide the public facilities under the authorized bonding
program for CFD No. 2006 -4, or (ii) determined by the City Council concurrently with a covenant that it
will not issue any more Bonds to be supported by Special Tax 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
to be financed by CFD No. 2006 -4.
"Construction Inflation Index" means the annual percentage change in the Engineering News - Record
Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the
previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall
be another index as determined by the City that is reasonably comparable to the Engineering News -
Record Building Cost Index for the city of Los Angeles.
City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) Page 9
"Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded
through existing construction or escrow accounts funded by the Outstanding Bonds, and minus public
facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of
prepayment.
"Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Tax
which will remain outstanding after the first interest and /or principal payment date following the current
Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of
Special Tax.
1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor's Parcels
of Developed Property, (ii) Assessor's Parcels of Approved Property or Undeveloped Property for which a
Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building
Permit has not been issued, and (iv) Provisional Undeveloped Property that are not Exempt Property
pursuant to Section F. The Maximum Special Tax obligation applicable to an Assessor's Parcel may be fully
prepaid and the obligation to pay the Special Tax for such Assessor's Parcel permanently satisfied as
described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes
with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel
intending to prepay the Maximum Special Tax obligation for such Assessor's Parcel shall provide the CFD
Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice,
the CFD Administrator shall notify such owner of the amount of the non - refundable deposit determined
to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for
the Assessor's Parcel. Within 15 days of receipt of such non - refundable deposit, the CFD Administrator
shall notify such owner of the Prepayment Amount for the Assessor's Parcel. Prepayment must be made
not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of
such prepaid Special Taxes.
The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined
below):
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For an Assessor's Parcel of Developed Property, compute the Maximum Special Tax for the
Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which
a Building Permit has been issued, compute the Maximum Special Tax for the Assessor's Parcel as
though it was already designated as Developed Property, based upon the Building Permit which has
been issued for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped
City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) Page 10
Bond Redemption Amount
plus
Redemption Premium
plus
Future Facilities Amount
plus
Defeasance Amount
plus
Administrative Fees and Expenses
less
Reserve Fund Credit
Equals:
Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For an Assessor's Parcel of Developed Property, compute the Maximum Special Tax for the
Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which
a Building Permit has been issued, compute the Maximum Special Tax for the Assessor's Parcel as
though it was already designated as Developed Property, based upon the Building Permit which has
been issued for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped
City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) Page 10
Property for which a Building Permit has not been issuedor Provisional Undeveloped Property to be
prepaid compute the Maximum Special Tax for the Assessor's Parcel.
3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special
Taxes that could be levied at the Maximum Special Tax at build out of all Assessor's Parcels of Taxable
Property based on the applicable Maximum Special Tax for Assessor's Parcels of Developed Property
not including any Assessor's Parcels for which the Special Tax obligation has been previously prepaid.
4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the
Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the
Prepayment Amount (the "Bond Redemption Amount ").
5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the
Outstanding Bonds to be redeemed (the "Redemption Premium ").
6. Determine the Future Facilities Costs.
7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to
paragraph 6 to determine the amount of Future Facilities Costs for the Assessor's Parcel (the "Future
Facilities Amount ").
8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first
bond interest and /or principal payment date following the current Fiscal Year until the earliest
redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax
prepayments.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which
have not yet been paid.
10. Determine the amount the CFD Administrator reasonably expects to derive from the investment
of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until
the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.
11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived
pursuant to paragraph 10 (the "Defeasance Amount ").
12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the
Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the
Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum
Special Tax obligation for the Assessor's Parcel and the redemption of Outstanding Bonds (the
"Administrative Fees and Expenses ").
13. The reserve fund credit (the "Reserve Fund Credit ") shall equal the lesser of: (a) the expected
reduction in the reserve requirement (as defined in the Indenture), if any, associated with the
redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by
subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption
of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the
prepayment date, but in no event shall such amount be less than zero.
City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) Page 11
14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption
Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and
Expenses, less the Reserve Fund Credit.
15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and
Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture
and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities
Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall
be retained by the CFD.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such
event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund
established under the Indenture to be used with the next redemption from other Special Tax prepayments
of Outstanding Bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined pursuant to
paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for the
Assessor's Parcel from the County tax roll. With respect to any Assessor's Parcel for which the Maximum
Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance
with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special
Tax lien for the Assessor's Parcel, and the obligation to pay the Special Tax for such Assessor's Parcel shall
cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of
Maximum Special Tax that may be levied on all Assessor's Parcels of Taxable Property after the proposed
prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain
outstanding after the prepayment plus the estimated annual Administrative Expenses.
Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms
and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders
shall only be allowed on a case -by -case basis as specifically approved by the City Council.
2. Prepayment in Part
The Maximum Special Tax obligation for an Assessor's Parcel of Developed Property, Approved Property
or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment
amount, the provisions of Section G.1 shall be modified as provided by the following formula:
PP = ((PE— A) x F) +A
These terms have the following meaning:
PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special Tax obligation for
City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) Page 12
the Assessor's Parcel shall notify the CFD Administrator of (i) such owner's intent to partially prepay the
Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner
wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within
5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of
the non - refundable deposit determined to cover the cost to be incurred by the CFD in calculating the
amount of a partial prepayment. Within 15 business days of receipt of such non - refundable deposit, the
CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the
Assessor's Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the
redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment
Amount.
With respect to any Assessor's Parcel for which the Maximum Special Tax obligation is partially prepaid,
the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of
Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the
Assessor's Parcel and that a portion of the Maximum Special Tax obligation equal to the remaining
percentage (1.00 - F) of the Maximum Special Tax obligation will continue to be levied on the Assessor's
Parcel pursuant to Section E.
H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor's Parcels
subject to the Special Tax. The Special Tax shall cease not later than the 2059 -2060 Fiscal Year, however,
Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that
all the required interest and principal payments on the CFD No. 2006 -4 Bonds have been paid; (ii) all
authorized facilities of CFD No. 2006 -4 have been acquired and all reimbursements to the developer have
been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2006-
4 have been satisfied.
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2006 -4 may collect Special Taxes 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.
J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes on his /her Assessor's Parcel(s) with the CFD
Administrator, provided that the appellant is current in his /her payments of Special Taxes. During
pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date
established when the levy was made. The appeal must specify the reasons why the appellant claims the
Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD
Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator
agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special
Taxes on the appellant's Assessor's Parcel(s). No refunds of previously paid Special Taxes shall be made.
The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations
relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as
herein specified.
City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) Page 13
APPENDIX B
Boundary Map
1$10$�>
SPICER CONSULTING
G R O U P
THIS MAP AMENDS THE BOUNDARY MAP RECORDED IN BOOK 67
OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
DISTRICT PAGE 9 AS INSTRUMENT NO. 2006- 04S6002 IN THE
OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA.
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2019 -1
(WESTLAKE), CITY OF LAKE ELSINORE, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE
CITY COUNCIL OF THE CITY OF LAKE ELSINORE AT A REGULAR
MEETING THEREOF, HELD ON 120' DAY OF -Ma�-_ 20-2,0,
BY RESOLUTION NO. 20'20 -ON1.
CITY tLELSINORE
CITY
FILED IN THE OFFICE OF THE CITY CLERK, CITY OF LAKE ELSINORE,
THIS Qi- DAY OF May 2020 .
CITY CLE K
CITY OF ME ELSINORE
CFD 20064
LAKE
AMENDED BOUNDARY MAP OF
COMMUNITY FACILITIES DISTRICT NO. 2006 -4
(ROSETTA HILLS)
CITY OF LAKE ELSINORE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
O ' THIS BOUNDARY MAP CORRECTLY SHOWS THE BOUNDARIES
ISO OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS
CONCERNING THE LINES AND DIMENSIONS OF LOTS OR
SPICER CONSULTING PARCEL REFER TO THE COUNTY ASSESSOR'S MAPS FOR
G R O U P FISCAL YEAR 201 9-20.
375 750 1,500 Feet
60
SHEET 1 OF 2 SHEETS
RECORDED THISM4AY OF M,4q .2020 AT
THE HOUR OF /LSYO'CLOCK A�M, IN BOOK
PAGE21!�Z�F MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY
RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA. -/
FEE: It. OZ) NO.: 20,20' 02.ld?V,
PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
DEPUTY
LEGEND
CFD BOUNDARY
- PARCEL LINE
25 MAP REFERENCE NUMBER
N
W +E
S
AMENDED BOUNDARY MAP OF
COMMUNITY FACILITIES DISTRICT NO. 2006 -4
(ROSETTA HILLS)
CITY OF LAKE ELSINORE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TAX ZONE A TAX ZONE B
REFERENCE NO.
APN
REF ERENCE NO.
APN
REFERENCENO.
APN
REFERENCE NO.
APN REFERENCE NO. APN
1
347580-007
49
347- 560 -023
96
347561 -002
143
347571 -023 167 347- 110-021
2
347580-001
50
347- 560 -024
97
347561 -003
144
347571 -024
3
347- 580-002
51
347- 560-025
98
347- 561 -004
145
347- 571 -025
4
347580-003
52
347- 560-026
99
347 - 561,005
146
347571 -026
5
347 - 580-004
53
347- 560-027
100
347561-006
147
347571 -027
6
347- 580-005
64
347- 560 -028
101
347 -561 -007
148
347- 571 -028
7
347580-006
55
347560144
102
347561 -008
149
347- 571 -029
8
347581 -0 01
56
347560-029
103
347561-009
150
347562 -001
9
347- 581 -002
57
347- 560030
104
347561 -010
151
347- 562 -002
10
347- 581-003
58
347- 560-031
105
347- 561 -011
152 -
347- 562 -003
11
347581-004
59
347560 -032
106
347 -561 -012
153
347 -562 -004
12
347581 -005
60
347560 -033
107
347- 561 -013
154
347- 562 -005-
13
347581 -006
61
347560034
108
347561 -014
155
347- 562 -006
14
347581.0
62
347- 560-035
109
347- 561 -015
156
347562 -007
15
347581 -008
63
347- 560-036
110
347561 -016
157
347562 -008
16
347-5 -001
64
347. 560037
111
347- 561 -017
158
347- 562 -009
17
347582 -0 02
65
347- 560-038
112
347- 561 -018
159
347562 -010
18
347 -5 03
66
347560-039
113
347570 -015
160
347562 -011
20
347- 582 -004
67
347- 560-040
114
347- 570 -0 i6
161
347- 562 -012
21
347582-005
68
347560-041
115
347- 570 -017
162
347- 562 -013
22
347582 -M
69
347- 560-042
116
347- 570 -018
163
347- 562 -014
23
347582-007
70
347- 560.001
117
347- 570 -019
164
347 -562 -015
24
347582 -008
71
347560-002
118
347- 570 -020
165
347- 562 -016
25
347582 -009
72
347- 560-003
119
347570 -021
166
347- 562 -017
26
347 -5 10
73
347- 560004
120
347-570 -022
27
347582 -023
74
347560-005
121
347- 571,001
28
347 -5 -119
75
347- 580006
122
347- 571 -002
29
3475820 8
78
347- 560-007
123
347-571 -003
30
347582 -017
77
347560,008
124
347571 -004
31
347582 -0i6
78
347560-009
125
347- 571 -0 OS
32
347582 -0 15
79
347560-010
126
347571 -008
33
347582 -014
80
347- 560-011
127
347- 571 -007
34
347- 582 -013
81
347- 570001
128
347- 571 -008
35
347- 582 -012
82
347570-002
129
347- 571 -009
36
347- 582 -021
83
347- 570-003
130
347- 571 -010
37
347- 560-012
84
347- 570-004
131
347- 571 -011
38
347560 -013
85
347570-005
132
347571 -012
39
347560-014
Bfi
347. 570-006
133
347- 571 -013
40
347560015
87
34757 -007
134
347571 -014
41
347560018
88
347570-008
135
347571 -015
42
347- 560-017
89
347570-009
136
347571 -0 i6
43
347560-018
90
347- 570-010
137
347- 571 -017
44
347- 560-019
91
347- 570 -0 11
138
347- 571 -018
45
347- 560-043
92
347- 570 -012
139
347- 571 -019
46
347- 560020
93
347570-013
140
347- 571 -020
47
347- 560-021
94
347570-014
141
347- 571.021
48
347560-022
95
347- 561-001
142
347- 571.022
&
SF; CER CONSULTING
G R O U P
SHEET 2 OF 2 SHEETS
.
94_
APPENDIX C
Resolution of Intention
1$10$�>
SPICER CONSULTING
G R O U P
DocuSign Envelope ID: 471042FD -6FD94067 -A1 E2- DF4FD884774C
RESOLUTION NO. 2020 -47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -4 (TRACTS 30698 &
32129), DECLARING ITS INTENTION TO CONSIDER AMENDING THE RATE AND
METHOD OF APPORTIONMENT OF SPECIAL TAX FOR THE DISTRICT,
AMENDING THE BOUNDARY MAP OF THE DISTRICT AND APPROVING
AMENDMENTS TO THE FACILITIES AUTHORIZED TO BE FINANCED BY THE
DISTRICT
Whereas, after a public hearing, on July 25, 2006, the City Council (the "City Council ") of the City
of Lake Elsinore (the "City ") adopted Resolution Nos. 2006 -117 (the "Resolution of Formation ")
and 2006 -118 (the "Resolution to Incur Bonded Indebtedness ") which formed City of Lake
Elsinore Community Facilities District No. 2006 -4 (Tracts 30698 & 32129) (the "District" or
"Community Facilities District No. 2006 -4 ") and called a special election on July 25, 2006 within
the District on three propositions relating to the levying of a special tax, the incurring of bonded
indebtedness and the establishment of an appropriations limit for the District, which were
approved by more than two - thirds vote by the qualified electors within the District on July 25,
2006; and,
Whereas, subsequent to formation, the District received a petition (the "Petition ") signed by The
Donald S. Clurman Separate Property Trust, Three Strands Properties, LLC a California limited
liability company and Spectrum Communities, LLC, a California limited liability company (together,
the "Owner "), which currently owns all of the taxable land within the District, to initiate certain
changes to: (1) change the name of the District from "City of Lake Elsinore Community Facilities
District No. 2006 -4 (Tracts 30698 & 32129)" to "City of Lake Elsinore Community Facilities District
No. 2006 -4 (Rosetta Hills) "; (2) amend and restate the original rate and method of apportionment
of special tax for the District (the "Original Rate and Method ") in the form attached as Attachment
"A" (the "Amended Rate and Method "); (3) amend the facilities and certain incidental expenses
that the District is authorized to finance as set forth in Attachment "B" hereto (the "Facilities" and
the "Incidental Expenses," respectively); and (4) amending the boundary map of the District
previously recorded in the official records of the County of Riverside on June 23, 2006 in Book
No. 67, Page No. 9 of Maps of Assessment and Community Facilities Districts, as Document No.
2006 - 0456002 (the "Original Boundary Map "), in the form attached as Attachment "C" (the
"Amended Boundary Map "); and,
Whereas, in order to facilitate the funding of the Facilities, the legislative body of the District
desires to enter into a Funding Agreement (the "Funding Agreement ") with the Owner and the
form of the Funding Agreement is on file with the City Clerk; and,
Whereas, in order to facilitate the funding of certain Facilities to be owned and operated by the
Elsinore Valley Municipal Water District (the "Water District "), the City proposes to enter into a
Joint Community Facilities Agreement (the "JCFA ") with the Water District and the Owner, and
the form of the JCFA is on file with the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING HAS
THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2006 -4 (ROSETTA HILLS), DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
DocuSign Envelope ID: 471042FD -6FD94067 -A1 E2- DF4FD884774C
CC Reso. No. 2020 -47
Page 2 of 21
Section 1. Each of the above recitals is true and correct and is adopted by the legislative body
of the District.
Section 2. The name of the District is hereby revised from "City of Lake Elsinore Community
Facilities District No. 2006 -4 (Tracts 30698 & 32129)" to "City of Lake Elsinore Community
Facilities District No. 2006 -4 (Rosetta Hills)."
Section 3. The City Council, acting as the legislative body of the District, declares its intention
to conduct proceedings pursuant to Article 3.5 of the Mello -Roos Community Facilities Act of
1982, as amended, commencing with Section 53311 of the Government Code (the "Act ") to (i)
amend and restate the Original Rate and Method, in the form of the Amended Rate and Method
attached hereto as Attachment "A ", (ii) revise the Facilities and Incidental Expenses authorized to
be financed by the District as set forth in Attachment "B" hereto; and (iii) to amend the boundaries
of the District according to the amended boundary map attached as Attachment "C" hereto.
The proposed Amended Rate and Method and manner of collection of the special tax for the
District are described in detail in Attachment "A" (which attachment is incorporated herein by this
reference) and allow each landowner within the District to estimate the maximum amount that
may be levied against each parcel.
If special taxes of the District are levied against any parcel used for private residential purposes,
(i) the maximum special tax rate shall not be increased over time, (ii) such tax shall not be levied
later than the 2059 -60 Fiscal Year and (iii) under no circumstances will such special tax be
increased in any fiscal year as a consequence of delinquency or default by the owner of any other
parcel or parcels within the District by more than ten percent above the amount that would have
been levied in that fiscal year had there never been any such delinquencies or defaults.
The City Council hereby determines the proposed Amended Rate and Method to be reasonable.
The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3
of the Act; and such special tax is not on or based upon the value or ownership of real property.
In the event that a portion of the property within the District shall become for any reason exempt,
wholly or partially, from the levy of the special tax specified in the Amended Rate and Method,
the City Council shall, on behalf of the District, cause the levy to be increased, subject to the
limitation of the maximum special tax for a parcel as set forth in the Amended Rate and Method,
to the extent necessary upon the remaining property within the District which is not exempt in
order to yield the special tax revenues required for the purposes described in this Section. The
obligation to pay special taxes may be prepaid as provided in the proposed Amended Rate and
Method as such Amended Rate and Method may be further amended hereafter.
Section 4. The amendments to the facilities proposed to be financed by the District are set
forth in Attachment "B" hereto. Each City officer who is or will be responsible for providing the
Facilities within the District is hereby directed to study the proposed changes to the District
described in this Resolution and, at or before the time of the above - mentioned Hearing (as defined
below), file a report with the City Council containing a brief description of the public facilities by
type which will in his or her opinion be required to meet adequately the needs of the District and
an estimate of the cost of providing those public facilities, including the cost of environmental
evaluations of such facilities and an estimate of the fair and reasonable cost of any Incidental
Expenses to be incurred.
Section 5. The City Council hereby amends the boundaries of the District as set forth on the
Amended Boundary Map attached as Attachment "C" hereto. The Amended Boundary Map does
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CC Reso. No. 2020 -47
Page 3 of 21
not include any territory not included in the Original Boundary Map. The City Council hereby
directs the District and its consultants to record the Amended Boundary Map as shown in
Attachment "C" hereto.
Section 6. A public hearing (the "Hearing ") on amending the Original Rate and Method in
accordance with the proposed Amended Rate and Method and amending the Facilities and
Incidental Expenses that the District is authorized to finance shall be held at 7:00 p.m., or as soon
thereafter as practicable, on June 23, 2020, at the City Cultural Center, 183 North Main Street,
Lake Elsinore, California. Notwithstanding the foregoing, consistent with the Governor of the
State of California's Executive Order N -29 -20 or other applicable directives, the Hearing may be
held remotely with public participation via methods to be set forth in the City Council's agenda.
Should the City Council determine to take action to effectuate the foregoing, a special election
will be held within the District to authorize the levy of the special tax pursuant to the proposed
Amended Rate and Method, and to authorize the District to finance the Facilities and the Incidental
Expenses in accordance with the procedures contained in Government Code Section 53326. If
such elections are held, the proposed voting procedure at the elections will be the landowner
votes with each landowner who is the owner of record of land within the District at the close of the
Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof
owned within the District. Ballots for the special elections may be distributed by mail or by
personal service.
Section 7. At the time and place set forth above for the Hearing, the City Council will receive
testimony regarding amending the Original Rate and Method in accordance with the proposed
Amended Rate and Method, the amendment to the authorized Facilities and Incidental Expense
and the proposed amended boundary map. At the time and place set forth above for the Hearing,
any interested person, including all persons owning lands or registered to vote within the District
may appear and be heard.
Section 8. The City Clerk is hereby directed to publish a notice (the "Notice ") of the Hearing
pursuant to Section 6061 of the Government Code in a newspaper of general circulation published
in the area of the District. The City Clerk is further directed to mail a copy of the Notice to each
of the landowners within the boundaries of the District at least 15 days prior to the Hearing. The
Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing,
a statement that the testimony of all interested persons or taxpayers will be heard, a description
of the protest rights of the registered voters and landowners in the proposed district and a
description of the proposed voting procedure for the election required by the Act. Such publication
shall be completed at least seven (7) days prior to the date of the Hearing.
Section 9. The form of the Funding Agreement is hereby approved. The Mayor, the City
Manager, the Assistant City Manager, or their written designees are hereby authorized and
directed to execute and deliver the Funding Agreement in the form on file with the City Clerk with
such changes, insertions and omissions as may be approved by the officer or officers executing
such agreement, said execution being conclusive evidence of such approval.
Section 10. The form of the JCFA is hereby approved. The Mayor, the City Manager, the
Assistant City Manager, or their written designees are hereby authorized and directed to execute
and deliver the JCFA in the form on file with the City Clerk with such changes, insertions and
omissions as may be approved by the officer or officers executing such agreement, said execution
being conclusive evidence of such approval
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Page 4 of 21
Section 11. Except as set forth herein, no other amendments or modifications to the District
are being considered at this time.
Section 12. This Resolution shall be effective upon its adoption.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 12' day of May 2020.
DocuSigned by:
Brian Tisdale
Mayor
Attest:
DocuSigned by:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2020 -47 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of May 12, 2020 and that the same was adopted by the following vote:
AYES: Council Members Johnson, and Sheridan; Mayor Pro -Tem Magee; and Mayor
Tisdale
NOES: None
ABSENT: Council Member Manos
ABSTAIN: None
DocuSigned by:
Can Ice varez, MMC
City Clerk
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ATTACHMENT "A"
AMENDED AND RESTATED
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006 -4
(ROSETTA HILLS)
A Special Tax (all capitalized terms are defined in Section A, "Definitions ", below) shall be applicable to
each Assessor's Parcel of Taxable Property located within the boundaries of the City of Lake Elsinore
Community Facilities District No. 2006 -4 (Rosetta Hills) ( "CFD No. 2006 -4 "). The amount of Special Tax to
be levied in each Fiscal Year on an Assessor's Parcel shall be determined by the City Council of the City of
Lake Elsinore, acting in its capacity as the legislative body of CFD No. 2006 -4, by applying the appropriate
Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional
Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless
exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent
and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or
if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final
map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square
footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello -Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to
the administration of CFD No. 2006 -4, including but not limited to: the costs of computing the Special
Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or
both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting
Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties
required of it under the Indenture; the costs to the City, CFD No. 2006 -4 or any designee thereof of
complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006 -4 or any designee
thereof of complying with disclosure requirements of the City, CFD No. 2006 -4 or obligated persons
associated with applicable federal and state securities laws and the Act; the costs associated with
preparing Special Tax disclosure statements and responding to public inquiries regarding the Special
Taxes; the costs of the City, CFD No. 2006 -4 or any designee thereof related to an appeal of the Special
Tax; the costs associated with the release of funds from an escrow account; and the City's annual
administration fees and third party expenses. Administration Expenses shall also include amounts
estimated by the CFD Administrator or advanced by the City or CFD No. 2006 -4 for any other
administrative purposes of CFD No. 2006 -4, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
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"Amended Boundary Map" means a recorded map of the CFD which indicates the boundaries
of the CFD and amends the Original Boundary Map.
"Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map
that was recorded prior to the January 1St preceding the Fiscal Year in which the Special Tax is being levied,
(ii) and has an assigned Assessor's Parcel Number from the County shown on an Assessor's Parcel Map for
the individual lot included on the Final Map, and (iii) that have not been issued a building permit on or
before May 1St preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned
Assessor's Parcel Number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by
Assessor's Parcel Number.
"Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for
purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below.
"Backup Special Tax" means the Special Tax of that name described in Section D 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 Tax of CFD No. 2006 -4 have been pledged.
"Building Permit" means the first legal document issued by a local agency giving official permission for
new construction. For purposes of this definition, "Building Permit" may or may not include any
subsequent building permit document(s) authorizing new construction on an Assessor's Parcel that are
issued or changed by the City after the first original issuance, as determined by the CFD Administrator as
necessary to fairly allocate Special Tax to the Assessor's Parcel, provided that following such
determination the Maximum Special Tax that may be levied on all Assessor's Parcels of Taxable Property
will be at least 1.1 times maximum annual debt service on all outstanding Bonds plus the estimated annual
Administrative Expenses.
"Building Square Footage" or "BSF" means the square footage of assessable internal living space,
exclusive of garages or other structures not used as living space, as determined by reference to the
Building Permit for such Assessor's Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following December
31.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining the
Special Tax Requirement, and providing for the levy and collection of the Special Taxes.
"CFD" or "CFD No. 2006 -4" means Community Facilities District No. 2006 -4 (Rosetta Hills) established by
the City under the Act.
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"City" means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD
No. 2006 -4.
"Condominium Plan" means a condominium plan as set forth in the California Civil Code, Section 4285.
"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) has an Assessor's Parcel Number from the County shown on an Assessor's Parcel Map for
the individual lot included on the Final Map, and (iii) 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 Taxes as
provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or
recordation of a Condominium Plan pursuant to California Civil Code Section 1352 that creates individual
lots for which Building Permits may be issued without further subdivision.
"Fiscal Year" means the period commencing on July 1St of any year and ending the following June 30th.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to
which Bonds are issued, as modified, amended and /or supplemented from time to time, and any
instrument replacing or supplementing the same.
"Land Use Category" means any of the categories listed in Table 1 and Table 2 of Section D.
"Maximum Special Tax" means for each Assessor's Parcel, the maximum Special Tax, determined in
accordance with Section D below, that can be levied by CFD No. 2006 -4 in any Fiscal Year on such
Assessor's Parcel.
"Multifamily Property" means all Assessor's Parcels of Developed Property for which a Building Permit
has been issued for the purpose of constructing a building or buildings comprised of attached Residential
Units available for rental by the general public, not for sale to an end user, and under common
management, as determined by the CFD Administrator.
"Non- Residential Property" or "NR" means all Assessor's Parcels of Taxable Property for which a building
permit(s) was issued for a non - residential use. The CFD Administrator shall make the determination if an
Assessor's Parcel is Non - Residential Property.
"Original Boundary Map" means a recorded map of the CFD which indicates the original boundaries of
the CFD recorded in book 67 of maps of assessment and community facilities district page 9 as instrument
no. 2006 - 0456002 recorded with the County.
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"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax
obligation for an Assessor's Parcel, as described in Section G.2.
"Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an
Assessor's Parcel, as described in Section G.1.
"Proportionately" means for Taxable Property that is (i) Developed Property, that the ratio of the actual
Special Tax levy to the Assigned Special Tax is the same for all Assessor's Parcels of Developed Property,
(ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same
for all Assessor's Parcels of Approved Property, and (iii) Undeveloped Property, or Provisional
Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax
per Acre is the same for all Assessor's Parcels of Undeveloped Property, or Provisional Undeveloped
Property, as applicable.
"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 F, but cannot be
classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property
below the required minimum Acreage set forth in Sections F.
"Residential Property" means all Assessor's Parcels of Developed Property for which a building permit
has been issued for purposes of constructing one or more Residential Units.
"Residential Unit" or "RU" means a residential unit that is used or intended to be used as a domicile by
one or more persons, as determined by the CFD Administrator.
"Single Family Residential Property" means all Assessor's Parcels of Residential Property other than
Multifamily Property.
"Special Tax" means any of the special taxes authorized to be levied within CFD No. 2006 -4 pursuant to
the Act to fund the Special Tax Requirement.
"Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or
the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year,
(ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account,
(iv) any amount required to replenish any reserve funds established in association with the Bonds, (v) an
amount equal to any anticipated shortfall due to Special Tax delinquencies, and (vi) for the collection or
accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2006 -4 or the
payment of debt services on Bonds anticipated to be issued, provided that the inclusion of such amount
does not cause an increase in the levy of Special Tax on Approved Property or Undeveloped Property as
set forth in Steps Two or Three of Section E., less (vii) any amounts available to pay debt service or other
periodic costs on the Bonds pursuant to the Indenture.
"Taxable Property" means all Assessor's Parcels within CFD No. 2006 -4, which are not Exempt Property.
"Taxable Unit" means either a Residential Unit or an Acre.
"Tax Zone(s)" means the geographical area(s) identified as Tax Zone A or Tax Zone B as shown on the
Amended Boundary Map.
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"Tax Zone A" means all property located within the specific area identified on the Amended Boundary
Map as Tax Zone A.
"Tax Zone B" means all property located within the specific area identified on the Amended Boundary
Map as Tax Zone B.
"Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final
Map approved for the subdivision.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which Developed Property are
not, Approved Property, Provisional Undeveloped Property.
B. SPECIAL TAX
Commencing Fiscal Year 2020 -2021 and for each subsequent Fiscal Year, the City Council shall levy Special
Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to fund the Special Tax
Requirement.
C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2020 -2021, each Assessor's Parcel within CFD No. 2006 -4 shall
be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable
Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or
Provisional Undeveloped Property shall be further classified as being in within Tax Zone A or Tax Zone B.
Assessor's Parcels of Developed Property shall further be classified as Residential Property or Non -
Residential Property. Each Assessor's Parcel of Residential Property shall further be classified as a Single -
Family Residential Property, or Multifamily Property. Each Assessor's Parcel of Single - Family Residential
Property shall be further categorized into Land Use Categories based on its Building Square Footage and
assigned to its appropriate Assigned Special Tax rate.
In the event that an Assessor's Parcel for which one or more Building Permits have been issued and the
County has not yet assigned final Assessor's Parcel Number(s) to the Residential Unit(s) (in accordance
with the Final Map or Condominium Plan) on such Assessor's Parcel, the amount of the Special Tax levy
on such Assessor's Parcel for each Fiscal Year shall be determined as follows: (1) the CFD Administrator
shall first determine an amount of the Maximum Special Tax levy for such Assessor's Parcel, based on the
classification of such Assessor's Parcel as Undeveloped Property; (2) the amount of the Special Tax levy
for the Residential Units on such Assessor's Parcel for which Building Permits have been issued shall be
determined based on the Developed Property Special Tax rates and shall be taxed as Developed Property
in accordance with Step 1 of Section E below; and (3) the amount of the Special Tax levy on the Taxable
Property in such Assessor's Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the
percentage of the Maximum Special Tax rate levied on all other Undeveloped Property multiplied by the
total of the amount determined in clause (1), less the amount determined in clause (2).
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D. MAXIMUM SPECIAL TAX
1. Developed Property
The Maximum Special Tax for each Assessor's Parcel of Single - Family Residential Property in any Fiscal
Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax.
The Maximum Special Tax for each Assessor's Parcel of Non - Residential Property or Multifamily
Residential Property within the boundaries of the CFD shall be the applicable Assigned Special Tax
described in Table 1 or Table 2 of Section D.
a. Assigned Special Tax
Each Fiscal Year, each Assessor's Parcel of Single - Family Residential Property, Multifamily Property, or
Non - Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax
applicable to an Assessor's Parcel of Developed Property shall be determined pursuant to Table 1 and
Table 2 below.
TABLE 1
ASSIGNED SPECIAL TAX FOR
DEVELOPED PROPERTY WITHIN TAX ZONE A
Land Use Category
Taxable
Unit
Building Square Footage
Assigned
Special Tax Per
Taxable Unit
1. Single Family Residential Property
RU
Less than 1,800 sq. ft
$1,463.00
2. Single Family Residential Property
RU
1,800 sq. ft to 2,100 sq. ft
$1,617.00
3. Single Family Residential Property
RU
2,101 sq. ft to 2,400 sq. ft
$1,702.00
4. Single Family Residential Property
RU
Greater than 2,400 sq. ft
$1,805.00
5. Multifamily Property
Acre
N/A
$10,868.00
6. Non - Residential Property
Acre
N/A
$10,868.00
On each July 1, commencing July 1, 2021, the Assigned Special Tax rate for Developed Property shall
be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
M.
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TABLE 2
ASSIGNED SPECIAL TAX FOR
DEVELOPED PROPERTY WITHIN TAX ZONE B
Land Use Category
Taxable
Unit
Building Square Footage
Assigned
Special Tax Per
Taxable Unit
1. Single Family Residential Property
RU
Less than 1,800 sq. ft
$1,463.00
2. Single Family Residential Property
RU
1,800 sq. ft to 2,100 sq. ft
$1,617.00
3. Single Family Residential Property
RU
2,101 sq. ft to 2,400 sq. ft
$1,702.00
4. Single Family Residential Property
RU
Greater than 2,400 sq. ft
$1,805.00
5. Multifamily Property
Acre
N/A
$8,555.00
6. Non - Residential Property
Acre
N/A
$8,555.00
On each July 1, commencing July 1, 2021, the Assigned Special Tax rate for Developed Property shall
be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
b. Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use
Type. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special
Tax for all Land Use Categories located on the Assessor's Parcel. The CFD Administrator's allocation to
each type of property shall be final.
c. Backup Special Tax
When a Final Map is recorded, the CFD Administrator shall determine which Tax Zone the Final Map
area lies within and the Backup Special Tax for an Assessor's Parcel within a Final Map classified or to
be classified as Single - Family Property shall calculated according to the following formula.
B= (UxA) /L
The terms above have the following meanings:
B = Backup Special Tax per Assessor's Parcel within the Final Map
U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below
A = Acreage of Single - Family Residential Property expected to exist in such Final Map at the time
of calculation, as determined by the Administrator
L = Number of Residential Units expected to exist in such Final Map at the time of calculation, as
determined by the Administrator.
In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all
Assessor's Parcels within such changed or modified area shall be $10,868 per Acre for Tax Zone A and
$8,555 for Tax Zone B.
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In the event any superseding Final Map is recorded as a Final Map within the Boundaries of the CFD,
the Backup Special Tax for all Assessor's Parcels within such Final Map shall be $10,868 per Acre for
Tax Zone A and $8,555 for Tax Zone B. The Backup Special Tax shall not apply to Multifamily Residential
Property, or Non - Residential Property.
On each July 1, commencing July 1, 2021, the Backup Special Tax rate shall be increased by two percent
(2.00%) of the amount in effect in the prior Fiscal Year.
2. Approved Property
The Maximum Special Tax for each Assessor's Parcel of Approved Property expected to be classified as
Single - Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.
The Maximum Special Tax for each Assessor's Parcel of Approved Property expected to be classified as
Multifamily Residential Property or Non - Residential Property shall $10,868 per Acre for Tax Zone A and
$8555 for Tax Zone B.
On each July 1, commencing July 1, 2021, the Maximum Special Tax rate for Approved Property shall
be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
3. Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property
pursuant to the provisions of Section F
The Maximum Special Tax for each Assessor's Parcel of Undeveloped Property and Provisional
Undeveloped Property that is not Exempt Property is shown in Table 3 below.
TABLE 3
UNDEVELOPED PROPERTY AND PROVISIONAL UNDEVELOPED PROPERTY
MAXIMUM SPECIAL TAX
Tax Zone
Maximum Special Tax
Per Acre
A
$10,868
B
$8,555
On each July 1, commencing July 1, 2021, the Maximum Special Tax rate for Undeveloped and
Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect
in the prior Fiscal Year.
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2020 -2021 and for each subsequent Fiscal Year, the City Council shall levy Special
Taxes on all Taxable Property in accordance with the following steps:
Step One: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed
Property at up to 100% of the applicable Assigned Special Tax rates needed to satisfy the
Special Tax Requirement.
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Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step
has been completed, the Special Tax shall be levied Proportionately on each Assessor's
Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each
such Assessor's Parcel as needed to satisfy the Special Tax Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two
steps have been completed, the Annual Special Tax shall be levied Proportionately on
each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax
applicable to each such Assessor's Parcel as needed to satisfy the Special Tax
Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, then the Special Tax levy on each Assessor's Parcel of
Developed Property for which the Maximum Special Tax is the Backup Special Tax shall
be increased Proportionately from the Assigned Special Tax up to 100% of the Backup
Special Tax as needed to satisfy the Special Tax Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four
steps have been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Maximum
Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax
Requirement.
Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against
any Assessor's Parcel of Residential Property as a result of a delinquency in the payment of the Special
Tax applicable to any other Assessor's Parcel be increased by more than ten percent (10 %) above the
amount that would have been levied in that Fiscal Year had there never been any such delinquency or
default.
F. EXEMPTIONS
The City shall classify as Exempt Property within the applicable Tax Zone, in the following order of priority,
(i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted
in use by the State of California, Federal or other local governments, including school districts, (ii)
Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes
because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by,
irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv)
Assessor's Parcels with public or utility easements making impractical their utilization for other than the
purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered
by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types of public uses
determined by the City Council, provided that no such classification would reduce the sum of all Taxable
Property to less than 23.92 Acres in Tax Zone A and 3.85 Acres in Tax Zone B.
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 23.92 Acres in Tax Zone A
and 3.85 Acres in Tax Zone B. Assessor's Parcels which cannot be classified as Exempt Property because
such classification would reduce the Acreage of all Taxable Property to less than 23.92 Acres in Tax Zone
A and 3.85 Acres in Tax Zone B will be classified as Provisional Undeveloped Property, and will be subject
to Special Tax pursuant to Step Five in Section E.
DocuSign Envelope ID: 471042FD -6FD94067 -A1 E2- DF4FD884774C
G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:
"CFD Public Facilities" means $4,500,000 expressed in 2020 dollars, which shall increase by the
Construction Inflation Index on July 1, 2021, and on each July 1 thereafter, or such lower amount (i)
determined by the City Council as sufficient to provide the public facilities under the authorized bonding
program for CFD No. 2006 -4, or (ii) determined by the City Council concurrently with a covenant that it
will not issue any more Bonds to be supported by Special Tax 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
to be financed by CFD No. 2006 -4.
"Construction Inflation Index" means the annual percentage change in the Engineering News - Record
Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the
previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall
be another index as determined by the City that is reasonably comparable to the Engineering News -
Record Building Cost Index for the city of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded
through existing construction or escrow accounts funded by the Outstanding Bonds, and minus public
facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of
prepayment.
"Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Tax
which will remain outstanding after the first interest and /or principal payment date following the current
Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of
Special Tax.
1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor's Parcels
of Developed Property, (ii) Assessor's Parcels of Approved Property or Undeveloped Property for which a
Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building
Permit has not been issued and (iv) Assessor's Parcels of Public Property or Property Owner's Association
Property, or Provisional Undeveloped Property that are not Exempt Property pursuant to Section F. The
Maximum Special Tax obligation applicable to an Assessor's Parcel may be fully prepaid and the obligation
to pay the Special Tax for such Assessor's Parcel permanently satisfied as described herein; provided that
a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's
Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum
Special Tax obligation for such Assessor's Parcel shall provide the CFD Administrator with written notice
of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify
such owner of the amount of the non - refundable deposit determined to cover the cost to be incurred by
the CFD in calculating the Prepayment Amount (as defined below) for the Assessor's Parcel. Within 15
days of receipt of such non - refundable deposit, the CFD Administrator shall notify such owner of the
A -10
DocuSign Envelope ID: 471042FD- 6FD940137 -A1 E2- DF4FD884774C
Prepayment Amount for the Assessor's Parcel. Prepayment must be made not less than 60 days prior to
the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined
below):
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For an Assessor's Parcel of Developed Property, compute the Maximum Special Tax for the
Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which
a Building Permit has been issued, compute the Maximum Special Tax for the Assessor's Parcel as
though it was already designated as Developed Property, based upon the Building Permit which has
been issued for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped
Property for which a Building Permit has not been issued, Public Property, Property Owner's
Association Property, or Provisional Undeveloped Property to be prepaid compute the Maximum
Special Tax for the Assessor's Parcel.
3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special
Taxes that could be levied at the Maximum Special Tax at build out of all Assessor's Parcels of Taxable
Property based on the applicable Maximum Special Tax for Assessor's Parcels of Developed Property
not including any Assessor's Parcels for which the Special Tax obligation has been previously prepaid.
4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the
Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the
Prepayment Amount (the "Bond Redemption Amount ").
5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the
Outstanding Bonds to be redeemed (the "Redemption Premium ").
6. Determine the Future Facilities Costs.
7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to
paragraph 6 to determine the amount of Future Facilities Costs for the Assessor's Parcel (the "Future
Facilities Amount ").
8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first
bond interest and /or principal payment date following the current Fiscal Year until the earliest
redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax
/_QiII
Bond Redemption Amount
plus,
Redemption Premium
plus,
Future Facilities Amount
plus,
Defeasance Amount
plus,
Administrative Fees and Expenses
less
Reserve Fund Credit
Equals:
Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For an Assessor's Parcel of Developed Property, compute the Maximum Special Tax for the
Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which
a Building Permit has been issued, compute the Maximum Special Tax for the Assessor's Parcel as
though it was already designated as Developed Property, based upon the Building Permit which has
been issued for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped
Property for which a Building Permit has not been issued, Public Property, Property Owner's
Association Property, or Provisional Undeveloped Property to be prepaid compute the Maximum
Special Tax for the Assessor's Parcel.
3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special
Taxes that could be levied at the Maximum Special Tax at build out of all Assessor's Parcels of Taxable
Property based on the applicable Maximum Special Tax for Assessor's Parcels of Developed Property
not including any Assessor's Parcels for which the Special Tax obligation has been previously prepaid.
4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the
Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the
Prepayment Amount (the "Bond Redemption Amount ").
5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the
Outstanding Bonds to be redeemed (the "Redemption Premium ").
6. Determine the Future Facilities Costs.
7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to
paragraph 6 to determine the amount of Future Facilities Costs for the Assessor's Parcel (the "Future
Facilities Amount ").
8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first
bond interest and /or principal payment date following the current Fiscal Year until the earliest
redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax
/_QiII
DocuSign Envelope ID: 471042FD- 6FD9- 4087 -A1 E2- DF4FD884774C
prepayments.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which
have not yet been paid.
10. Determine the amount the CFD Administrator reasonably expects to derive from the investment
of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until
the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.
11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived
pursuant to paragraph 10 (the "Defeasance Amount ").
12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the
Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the
Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum
Special Tax obligation for the Assessor's Parcel and the redemption of Outstanding Bonds (the
"Administrative Fees and Expenses ").
13. The reserve fund credit (the "Reserve Fund Credit ") shall equal the lesser of: (a) the expected
reduction in the reserve requirement (as defined in the Indenture), if any, associated with the
redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by
subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption
of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the
prepayment date, but in no event shall such amount be less than zero.
14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption
Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and
Expenses, less the Reserve Fund Credit.
15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and
Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture
and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities
Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall
be retained by the CFD.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such
event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund
established underthe Indenture to be used with the next redemption from other Special Tax prepayments
of Outstanding Bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined pursuant to
paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for the
Assessor's Parcel from the County tax roll. With respect to any Assessor's Parcel for which the Maximum
Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance
with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special
Tax lien for the Assessor's Parcel, and the obligation to pay the Special Tax for such Assessor's Parcel shall
cease.
/_Qua
DocuSign Envelope ID: 471042FD -6FD94067 -A1 E2- DF4FD884774C
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of
Maximum Special Tax that may be levied on all Assessor's Parcels of Taxable Property after the proposed
prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain
outstanding after the prepayment plus the estimated annual Administrative Expenses.
Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms
and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders
shall only be allowed on a case -by -case basis as specifically approved by the City Council.
2. Prepayment in Part
The Maximum Special Tax obligation for an Assessor's Parcel of Developed Property, Approved Property
or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment
amount, the provisions of Section G.1 shall be modified as provided by the following formula:
PP = ((PE— A) x F) +A
These terms have the following meaning:
PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section GA
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special Tax obligation for
the Assessor's Parcel shall notify the CFD Administrator of (i) such owner's intent to partially prepay the
Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner
wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within
5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of
the non - refundable deposit determined to cover the cost to be incurred by the CFD in calculating the
amount of a partial prepayment. Within 15 business days of receipt of such non - refundable deposit, the
CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the
Assessor's Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the
redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment
Amount.
With respect to any Assessor's Parcel for which the Maximum Special Tax obligation is partially prepaid,
the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of
Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the
Assessor's Parcel and that a portion of the Maximum Special Tax obligation equal to the remaining
percentage (1.00 - F) of the Maximum Special Tax obligation will continue to be levied on the Assessor's
Parcel pursuant to Section E.
H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor's Parcels
subject to the Special Tax. The Special Tax shall cease not later than the 2059 -2060 Fiscal Year, however,
A -13
DocuSign Envelope ID: 471042FD- 6FD9- 40B7 -A1 E2- DF4FD884774C
Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that
all the required interest and principal payments on the CFD No. 2006 -4 Bonds have been paid; (ii) all
authorized facilities of CFD No. 2006 -4 have been acquired and all reimbursements to the developer have
been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2006-
4 have been satisfied.
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2006 -4 may collect Special Taxes 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.
J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes on his /her Assessor's Parcel(s) with the CFD
Administrator, provided that the appellant is current in his /her payments of Special Taxes. During
pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date
established when the levy was made. The appeal must specify the reasons why the appellant claims the
Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD
Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator
agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special
Taxes on the appellant's Assessor's Parcel(s). No refunds of previously paid Special Taxes shall be made.
The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations
relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as
herein specified.
/_Qi[l
DocuSign Envelope ID: 471042FD -6FD94067 -A1 E2- DF4FD884774C
ATTACHMENT "B"
Types of Facilities
to Be Financed by Community
City of Lake Elsinore Facilities District No. 2006 -4
The proposed types of public facilities and expenses to be financed by the District include:
The construction, purchase, modification, expansion, rehabilitation and /or improvement of
(i) drainage, library, park, fire, roadway, traffic, administration and community center facilities,
marina and animal shelter facilities, and other public facilities of the City, including the foregoing
public facilities which are included in the City's fee programs with respect to such facilities and
authorized to be financed under the Mello -Roos Community Facilities Act of 1982, as amended
(the "City Facilities ") and (ii) water and sewer facilities including the acquisition of capacity in the
sewer system and /or water system of the Elsinore Valley Municipal Water District which are
included in Elsinore Valley Municipal Water District's water and sewer capacity and connection
fee programs (the "Water District Facilities" and together, with the City Facilities, the "Facilities "),
and all appurtenances and appurtenant work in connection with the foregoing Facilities, including
the cost of engineering, planning, designing, materials testing, coordination, construction staking,
construction management and supervision for such Facilities, and to finance the incidental
expenses to be incurred, including:
a. The cost of engineering, planning and designing the Facilities;
b. All costs, including costs of the property owner petitioning to form the District,
associated with the creation of the District, the issuance of the bonds, the determination of the
amount of special taxes to be levied and costs otherwise incurred in order to carry out the
authorized purposes of the District; and
C. Any other expenses incidental to the construction, acquisition, modification,
rehabilitation, completion and inspection of the Facilities.
Capitalized terms used and not defined herein shall have the meaning set forth in the Rate
and Method of Apportionment of Special Taxes for the District.
DocuSign Envelope ID: 471042FD- 6FD9- 40B7- A1E2- DF4FD884774C
THIS MAP AMENDS THE ROUNDARY MAP RECORDED IN BOOK 57
OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
DISTRICT PAGE 9 AS INSTRUMENT NO 2006 -0-002 IN THE
OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE.
STATE OF CALIFORNIA.
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2019 -1
(WESTLAKE), CITY OF LAKE ELSINORE, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE
CITY COUNCIL OF THE CITY OF LAKE ELSINORE AT A REGULAR
MEETING THEREOF, HELD ON DAYOF — 20_.
BY RESOLUTION NO.
CITY CLERK
CITY OF LAKE ELSINORE
FILED IN THE OFFICE OF THE CITY CLERK, CITY OF LAKE ELSINORE,
THIS _ DAY OF 20
CITY CLERK
CITY OF LAKE ELSINORE
I
5 '
r
Lr
C OF THEOCOM FITYI FACILHIES — TRIC1. SE FOR LDETAILS
sP G PAS_ 0.EFER TO TH ESOOUNTY ASSESSOR'S MAPSSFOR
ATTACHMENT "C"
AMENDED BOUNDARY MAP
AMENDED BOUNDARY MAP OF
COMMUNITY FACILITIES DISTRICT NO. 2006 -4
(ROSETTA HILLS)
CITY OF LAKE ELSINORE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
C -1
SHEET 1 OF 2 SHEETS
RECORDED THIS DAY OF _20AT
THE HOUR OF O'CLOCK M IN BOOK
PAGE OF MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY
RECORDER. IN THE COUNTY OF RIVERSIDE_ STATE OF
FEE. NO.,
PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
BY:
DEPUTY
LEGEND
N
DocuSign Envelope ID: 471042FD- 6FD9- 4067 -A1 E2- DF4FD884774C
C -2
DocuSign Envelope ID: 471042FD -6FD94067 -A1 E2- DF4FD884774C
AMENDED BOUNDARY MAP OF
COMMUNITY FACILITIES DISTRICT NO. 2006 -4
(ROSETTA HILLS)
CITY OF LAKE ELSINORE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
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