HomeMy WebLinkAboutCC Reso No 2007-156RESOLUTION NO. 2007-156
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CTTY OF LAKE ELSINORE, CALIFORNIA, TO
ESTABLISH CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT)
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore
(the "City") has received a petition (the "Petition") requesting the institution of
proceedings for (i) formation of a community facilities district (the "CFD")
pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the
"Act"), (ii) authorization of issuance of bonds for the CFD, and (iii) establishment
of an appropriations limit for the CFD; and
WHEREAS, the Council has determined that the Petition complies with the
requirements of Government Code Section 53318(c) and now intends to initiate
such proceedings; and
WHEREAS, it is the intention of the Council to finance parks, open space
and storm drain maintenance services that are in addition to those provided in the
territory within the CFD prior to the formation of the CFD and do not supplant
services already available within the territory proposed to be included in the CFD
through the formation of the CFD subject to the levy of a special taY to pay for
such services, being approved at an election to be held within the boundaries of the
CFD; and
WHEREAS, it is also the intention of the Council to finance the acquisition
and construction of the Facilities (as defined below) or any combination thereof
through the formation of the CFD, subject to the authorization of bonds and the
levy of a special tax to pay lease payments, installment purchase payments or other
payments, ar principal and interest on bonds, being approved at an election to be
held within the boundaries of the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The Council hereby determines to institute proceedings far
the formation of a community facilities district under the terms of the Act. The
exterior boundaries of the CFD are hereby specified and described to be as shown
on that certain map now on file in the office of the Clerk entitled "Proposed
CITY COUNCIL RESOLUTION NO. 2007-156
PAGE 2 OF 6
Boundary of Community Facilities District No. 2007-4 of the City of Lake
Elsinare (Makenna Court)," which map indicates by a boundary line the extent of
the territory included in the proposed community facilities district and shall govern
for all details as to the extent of the CFD. On the original and one copy of the map
of such CFD on file in the City Clerk's office, the Interim City Clerk shall endorse
the certificate evidencing the date and adoption of this Resolution. The Interim
City Clerk shall file the original of such map in her office and, within fifteen (15)
days after the adoption of this Resolution, the Interim City Clerk shall file a copy
of such map so endorsed in the records of the County Recorder, County of
Riverside, State of California.
SECTION 2. The name of the proposed CFD shall be "City of Lake
Elsinore Community Facilities District No. 2007-4 (Makenna Court)."
SECTION 3. Except where funds are otherwise available, it is the intention
of the Council to levy annually in accordance with procedures contained in the Act
a special tax (the "Services Special Ta~c") sufficient to finance a portion of the cost
of providing parks, open space and storm drain maintenance services (the
"Services") that are in addition to those provided in the territory within the CFD
prior to the formation of the CFD and do not supplant services already available
within the territory proposed to be included in the CFD, the costs of administering
the levy and collection of the Services Special Tax and all other costs of the levy of
the Services Special TaY, including any foreclosure proceedings, legal, fiscal, and
financial consultant fees, election costs, and all other administrative costs of the taac
levy. The Services Special Tax will be secured by recordation of a continuing lien
against all real property in the CFD. The schedule of the rate and method of
apportionment and manner of collection of the Services Special Tax is described in
detail in Exhibit A attached hereto.
The Services Special Tax is apportioned to each parcel on the foregoing
basis pursuant to Section 53325.3 of the Act.
SECTION 4. The facilities proposed to be financed by the CFD are public
infrashucture facilities and other governmental facilities with an estimated useful
life of five years or longer, which the CFD is authorized by law to construct, own
or operate and that are necessary to meet increased demands placed upon the City
as a result of development or rehabilitation occurring within the proposed CFD, as
described in more detail in E~ibit B attached hereto, and related costs including
design, inspections, professional fees, annexation fees, connection fees and
CITY COUNCIL RESOLUTION NO. 2007-156
PAGE 3 OF 6
acquisition costs (the "Facilities"). Such Facilities need not be physically located
within the CFD.
SECTION 5. Except where funds are otherwise available, it is the intention
of the Council to levy annually in accordance with procedures contained in the Act
a special tax (the "Special Taa~") sufficient to pay for the costs of financing the
acquisition and/or construction of the Facilities, including the principal of and
interest on the bonds proposed to be issued to fmance the Facilities and other
periodic costs, the establishment and replenishment of reserve funds, the
remarketing, credit enhancement and liquidity fees, the costs of administering the
levy and collection of the Special Tax and all other costs of the levy of the Special
Tax and issuance of the bonds, including any foreclosure proceedings,
architectural, engineering, inspection, legal, fiscal, and fmancial consultant fees,
discount fees, interest on bonds due and payable prior to the expiration of one year
from the date of completion of facilities (but not to exceed two years), election
costs and all costs of issuance of the bonds, including, but not limited to, fees for
bond counsel, disclosure counsel, financing consultants and printing costs, and all
other administrative costs of the tax levy and bond issue. The Special Tax will be
secured by recordation of a continuing lien against all real property in the CFD. In
the first year in which such a Special Tax is levied, the levy shall include a sum
sufficient to repay to the City all amounts, if any, transferred to the CFD pursuant
to Section 53314 of the Act and interest thereon. The schedule of the rate and
method of apportionment and manner of collection of the Special Tax is described
in detail in E~ibit A attached hereto.
The Special Tax is apportioned to each parcel pursuant to Section 53325.3 of
the Act. In the event that a portion of the property within the CFD shall become
for any reason exempt, wholly or partially, from the levy of the Special Tax, the
Council shall, on behalf of the CFD, increase the levy to the extent necessary upon
the remaining property within the CFD which is not delinquent or exempt in order
to yield the required payments, subject to the maximum tax. Under no
circumstances, however, shall the Special Tax levied against any parcel used for
private residential purposes be increased as a consequence of delinquency or
default by the owner of any other parcel or parcels within the CFD by mare than
10 percent. Furthermore, the maximum special ta~c authorized to be levied against
any parcel used for private residential purposes shall not be increased over time in
excess of 2 percent per year.
CITY COiJNCIL RESOLUTION NO. 2007-156
PAGE 4 OF 6
SECTION 6. The Council hereby finds that the proposed Facilities are
necessary to meet increased demands put upon the City as a result of the new
development or rehabilitation within the proposed CFD.
SECTION 7. A public hearing (the "Hearing") on the establishment of the
CFD and the proposed rate and method of apportionment of the Services Special
Tax and the Special Tax shall be held on October 9, 2007, at 7:00 p.m., or as soon
thereafter as practicable, at the Lake Elsinore Cultural Center located at 183 North
Main Street, Lake Elsinore, California 92530.
SECTION 8. 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 proposed CFD, may appear and be heard.
SECTION 9. Each City officer who is or will be responsible for the
Services and the Facilities to be financed by the CFD, if it is established, is hereby
directed to study the proposed CFD and, at or before the time of the above-
mentioned Hearing, file a report with the Council, and which is to be made a part
of the record of the Hearing, containing a brief description of the Services and the
Facilities by type which will in his or her opinion be required to adequately meet
the needs of the CFD and his or her estimate of the cost of providing the Services
and the Facilities. The City Manager is directed to estimate the fair and reasonable
cost of all incidental expenses, including the cost of planning and designing the
Facilities to be financed pursuant to the Act, including the cost of environmental
evaluations of such facilities, all costs associated with the creation of the CFD,
issuance of bonds, determinafion of the amount of any special taxes, collection of
any special t~es, or costs otherwise incurred in order to carry out the authorized
purposes of the City with respect to the CFD, and any other expenses incidental to
the construction, completion and inspection of the authorized work to be paid
through the proposed financing.
SECTION 10. The City may accept advances of funds from any sources,
including private persons or private entities, and is autharized and directed to use
such funds far any authorized purpose, including any cost incurred by the City in
creating the CFD. The City may enter into an agreement to repay all of such funds
as are not expended or committed for any authorized purpose at the time of the
election on the levy of the Services Special Tax and the Special Tax, if the
proposal to levy such tax should fail, and to repay all of such funds advanced if the
CITY COiTNCIL RESOLUTION NO. 2007-156
PAGE 5 OF 6
levy of the Services Special Taac and the Special Tax shall be approved by the
qualified electors of the CFD.
SECTION 11. The Interim City Clerk is hereby directed to publish a notice
("Notice") of the Hearing pursuant to Section 6061 of the Government Code in a
newspaper of general circulation published in the area of the proposed CFD. Such
Notice shall contain information set forth in Section 53322 of the Act. Such
publication shall be completed at least 7 days prior to the date of the Hearing.
SECTION 12. The Interim Clerk may send a copy of the Notice by first-
class mail, postage prepaid, to each registered voter and to each landowner within
proposed CFD as shown on the last equalized assessment roll. Said mailing shall
be completed not less than fifteen (15) days prior to the date of the Hearing.
SECTION 13. Pursuant to Section 53344.1 of the Act, the Council hereby
reserves to itself, in its sole discretion, the right and authority by subsequent
resolution to allow any owner of property within the CFD, subject to the provisions
of Section 53344.1 of the Act and those conditions as it may impose, and any
applicable prepayment penalties as prescribed in the bond indenture or comparable
instrument or document, to tender to the CFD treasurer in full payment or part
payment of any installment of the special taxes or the interest or penalties thereon
which may be due or delinquent, but for which a bill has been received, any bond
or other obligation secured thereby, the bond or other obligation to be taken at par
and credit to be given for the accrued interest shown thereby computed to the date
of tender.
SECTION 14. The voting procedure with respect to the establishment of
the CFD and the imposition of the special tax shall be by hand delivered or mailed
ballot election.
SECTION 15. This Resolution shall take effect from and after the date of
its passage and adoption.
CITY COUNCIL RESOLUTION NO. 2007-156
PAGE 6 OF 6
PASSED, APPROVED AND ADOPTED this 28th day of August 2007.
AYES: MAYOR ROBERT E. MAGEE
MAYOR PRO TEM DARYL HICKMAN
COUNCIL MEMBER THOMAS BUCKLEY
COUNCIL MEMBER GENIE KELLEY
COUNCIL MEMBER ROBERT SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
i~obert E. Magee,
City of Lake Elsi~
ATTEST:
~~
~ ~~'~~~~~,(p ~~
Michelle Soto, Interim City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
~Krbara Zeid I~ibold, City Attorney
City of Lake Elsinore
RATE AND METHOD OF APPORTIONMENT FOR
COMMiJNITY FACILITIES DISTRICT No. 2007-4 OF THE
CITY OF LAKE ELSINORE (MAK~NNA COURT~
A Special Tas shall be levied on all Assessor's Parcels in Community Facilities District No. 2007-4
of the City of Lake Elsinore (Makenna Court) ("CFD No. 2007-4") and collected each Fiscal Year
commencing in Fiscal Yeaz 2007-2008, in an amount determined through the application of this Rate
and Method of Apportionment as described below. All of the real properry in CFD No. 2007-4,
unless exempted by law or by the provisions hereof, shall be tased for the purposes, to the extent and
in the manner herein provided.
A.
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Pazcel as shown on an
Assessar's Parcel Map, or ifthe land area is not shown on an Assessor's Parcel Map, the land
area shown on the applicable final map, pazcel map, condominium plan, or other recorded
County parcel map.
"Act" means the Me11o-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1,
Division 2 of Title 5 of the California Government Code.
"Administrative Expenses" means the following actual or reasonably estunated costs
directly related to the administration of CFD No. 2007-4: the costs of computing the Special
TaYes and preparing the annual Special Tax collection schedules (whether by the City or
designee thereof or both); the costs of collecting the Special Taxes (whether by the City or
otherwise); the costs of remitting the Special Taaces to the Trustee; the costs of the Trustee
(including its legal counsel) in the discharge of the duties required of it under the Indenture;
the costs to the City, CFD No. 2007-4 or any designee thereof of complying with arbitrage
rebate requirements; the costs to the City, CFD No. 2007-4 or any designee thereof of
complying with disclosure requirements of the City, CFD No. 2007-4 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
regazding the Special Taa~es; the costs of the City, CFD No. 2007-4 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 parry expenses.
Administrative Expenses shall also include amounts estimated by the CFD Administrator or
advanced by the City or CFD No. 2007-4 for any other administrative purposes of CFD No.
2007-4, including attorney's fees and other costs related to commencing and pursuing to
completion any foreclosure of delinquent Special Taxes.
"Apartment Property" means all Assessor's Pazcels of Residential Property on which one
or more Apartment Units are constructed.
City of Lake Elsinore August 15, 2007
Community Facilities District No. 2007-4 (Makenna Court) Page 1
"Apartment UniY' means a dwelling unit within a building comprised or attached
residential units auailable for rental by the general public, not for sale to an end user, and
under common management.
"Assessor's Parcel" means a lot or parcel to which an Assessor's parcel number is assigned
as determined from an Assessor's Parcel Map or the applicable assessment roll.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating pazcels by Assessor's Parcel number.
"Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land
Use Class of Developed Property, as determined in accordance with Section C.1.(b) below.
"Authorized Facilities" means those facilities eligible to be funded by CFD No. 2007-4.
"Backup Special Tax for Facilities" means the Special Tas for Facilities applicable to each
Assessor's Pazcel of Developed Property, as determined in accordance with Section C.1.(c)
below.
"Certificate of Occupancy" means a certificate issued by the City that authorizes the actual
occupancy of a dwelling unit for habitation by one or more residents.
"CFD Administrator" means an official of the City, ar designee thereof, responsible for
determining the Special Tax Requirement for Facilities, the Special Tax Requirement for
Services as determined in accordance with Section I below, and providing for the levy and
collection of the Special Taaces.
"CFD No. 2007-4" means Community Facilities District No. 2007-4 of the City of Lake
Elsinore (Makenna Court).
"CFD No. 2007-4 Bonds" means any bonds ar other debt (as defined in Section 53317(d) of
the Act), whether in one or more series, issued by CFD No. 2007-4 and secured solely by the
Special TaY for Facilities levy on property within the boundaries of CFD No. 2007-4 under
the Act.
"City" means the City of Lake Elsinore.
"Council" means the City Council of the City of Lake Elsinore, acting as the legislative
body of CFD No. 2007-4.
"County" means the County of Riverside.
"Developed Property" means, with respect to the Special Taac for Facilities, for each Fiscal
Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Properry
Owner Association Property, for which the Final Subdivision was recorded on or before
January 1 of the prior Fiscal Year and a building permit for new construcfion was issued on
Ciry ojLake Elsinore August I5, 2007
Community Facilities District No. 2007-4 (Makenna Court) Page 2
or before May 1 of the Fiscal Yeaz preceding the Fiscal Year for which the Special Tas for
Facilities is being levied.
"Final Subdivision" means a subdivision of property by recordation of (i) a final map, or
portion thereof, approved by the City pursuant to the Subdivision Map Act (California
Government Code Section 66410 et seq.) that creates individual lots for which building
permits may be issued, or (ii) lot line adjustment approved by the City.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which CFD No. 2007-4 Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table 1 below.
"Maximum Special Tax for Facilities" means the m~imum Special Tax for Facilities,
determined in accordance with Section C below, that can be levied in any Fiscal Year on any
Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit permitting the conshuction of one or more non-residential units or facilities
has been issued by the City, and which is not otherwise Residential Property.
"Outstanding Bonds" means all CFD No. 2007-4 Bonds which aze deemed to be
outstanding under the Indenture.
"Property Owner Association Property" means, for each Fiscal Yeaz, (i) any property
within the boundaries of CFD No. 2007-4 that was owned by a properry owner association,
including any master or sub-association, as of January 1 of the prior Fiscal Year, (ii) any
property located in a Final Subdivision that was recorded as of the May 1 preceding the
Fiscal Year in which the Special Tax is being levied and which, as determined from such
Final Subdivision, is or will be open space, a common area recreation facility, or a private
street, or (iii) any properiy which, as of the May 1 preceding the Fiscal Yeaz for which the
Special Tax is being levied, has been conveyed, irrevocably dedicated, or irrevocably offered
to a property owner's association, including any master or sub-association, provided such
conveyance, dedication, or offer is submitted to the CFD Administrator by May 1 preceding
the Fiscal Year for which the Special Ta~c is being levied.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax for
Facilities levy to the Assigned Special Tas for Facilities is equal for all Assessor's Parcels of
Developed Property. For Undeveloped Proper[y, "Proportionately" means that the ratio of
the actual Special Tax for Facilities levy per Acre to the Maacimum Special Ta~c for Facilities
per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term
"Proportionately" may similarly be applied to other categories of Taa~able Properly as listed
in Section D below.
City of Lake Elsinore August I5, 2007
Community Facilities District No. 2007-4 (Makenna Court) Page 3
"Public Property" means property within the boundaries of CFD No. 2007-4 owned by,
irrevocably offered or dedicated to, or over, through or under which an easement for
purposes of public use has been granted, to the federal government, the State, the County, the
City, or any local government or other public agency, provided that any property leased by a
public agency to a private entity and subject to taxation under Section 53340.1 of the Act
shall be taxed and classified according to its use.
"Residential Floor Area" means all of the square footage of living area within the
perimeter of a residential structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, or similaz azea. The determination of Residential Floor Area for an
Assessor's Pazcel shall be made by reference to the building permit(s) issued far such
Assessor's Parcel. Such determination shall be final following the issuance of a Certificate
of Occupancy for the dwelling unit.
"Residential Property" means all Assessor's Pazcels of Developed Property for which a
building permit permitting the construction thereon of one or more residential dwelling units
has been issued by the City.
"Single Family Property" means all Assessor's Parcels of Residential Property other than
Apartment Property.
"Special Tax" means any of the special tases authorized to be levied by CFD No. 2007-4
pursuant to the Act.
"Special Tax for Facilities" means the special tas to be levied in each Fiscal Yeaz on each
Assessor's Parcel of Developed Property, Taxable Property Owner Association Property,
Taacable Public Property, and Undeveloped Properly to fund the Special T~ Requirement for
Facilities.
"Special Tax Requirement for Facilities" means that amount required in any Fiscal Yeaz
for CFD No. 2007-4 to: (i) pay debt service on all Outstanding Bonds due in the calendaz
year commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2007-4 Bonds,
including but not limited to, credit enhancement and rebate payments on the CFD No. 2007-4
Bonds due in the calendaz year commencing in such Fiscal Yeaz; (iii) pay a proportionate
shaze of Administrative Expenses; (iv) pay any amounts required to establish or replenish any
reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special T~ for
Facilities delinquencies; (vi) pay directly for acquisition ar construction of Authorized
Facilities to the extent that the inclusion of such amount does not increase the Special Tas
for Facilities levy on Undeveloped Properry; less (vii) a credit for funds available to reduce
the annual Special Tas for Facilities levy, as determined by the CFD Administrator pursuant
to the Indenture.
"State" means the State of California.
Ciry of Lake Elsinore August I5, 2007
Community Facilities District No. 2007-4 (Makenna Court) Page 4
"Taxable Property" means a11 of the Assessar's Parcels within the boundaries of CFD No.
2007-4 which are not exempt from the Special Tax for Facilides pursuant to law or Section E
below.
"Taxable Property Owner Association Properly" means all Assessor's Parcels of
Property Owner Association Property that aze not exempt pursuant to Section E below.
"Taxable Public Property" means all Assessor's Parcels of Public Properry that aze not
exempt pursuant to Section E below.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taacable Property not classified as
Developed Properiy, Taa~able Property Owner Association Property, or Taxable Public
Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Tasable Properiy within CFD No. 2007-4 shall be classified as
Developed Property, Taxable Public Properry, Tasable Property Owner Association Property,
ar Undeveloped Property, and shall be subject to the Special Tax for Facilities in accordance
with this Rate and Method of Apportionment determined pursuant to Sections C and D
below. Each Assessor's Pazcel of Residential Property shall be assigned to Land Use Classes
1 through 7 as listed in Table 1 below based on unit type and Residential Floor Area. Each
Assessor's parcel of Non-Residential Properiy shall be assigned to Land Use Class 8.
C. MAXIMUM SPECIAL TAX FOR FACILITIES
Prior to the issuance of CFD No. 2007-4 Bonds, the Assigned Special Tax for Facilities on
Developed Properry (set forth in Table 1), and the Backup Special Tax for Facilities
attributable to a Final Subdivision, may be reduced in accordance with, and subject to the
conditions set forth in this pazagraph. If it is reasonably determined by the CFD
Administrator that the overlapping debt burden (as defined in the Statement of Goals and
Policies for the Use of the Mello-Roos Communitv Facilities Act of 1982 adopted by the
Council, the "Goals and Policies") calculated pursuant to the Goals and Policies based upon
the Assigned Special Taac far Facilities on Developed Property exceeds the City's maximum
level objective set forth in such document, the Assigned Special Tax far Facilities on
Developed Property, and the Backup Special Tax for Facilities attributable to a Final
Subdivision, may be reduced to the amount necessary to satisfy the City's objective with
respect to the maximum overlapping debt burden level with the written consent of the CFD
Administrator. The reductions permitted pursuant to this paragraph shall be reflected in an
amended notice of Special Tax lien which the City shall cause to be recorded by executing a
certificate in substantially the form attached hereto as Exhibit "A".
Developed Pronertv
City of Lake Elsinore August I5, 2007
Communiry Facilities Disbict No. 2007-4 (Makenna Court) page S
(a) Masimum Special Taac for Facilities
The Maximum Special Taat for Facilities far each Assessor's Parcel classified as
Developed Property sha11 be the greater of (i) the amount derived by application of
the Assigned Special Taa~ for Facilities or (ii) the amount derived by application of
the Backup Special Tax for Facilities.
(b) Assigned Special Tax for Facilities
The Assigned Special Taac for Facilities for each Land Use Class is shown below in
Table 1.
TABLE 1
(c) Backup Special Taac for Facilities
The Fiscal Year 2007-2008 Backup Special Taac for Facilities attributable to a Fina1
Subdivision will equal $13,395 multiplied by the Acreage of all Taxable Property,
exclusive of any Taxable Property Owner Association Property and T~able Public
Properry, therein. The Backup Special TaY for Facilities for each Assessor's Parcel
of Residential Properiy shall be computed by dividing the Backup Special Tax for
Facilities attributable to the applicable Final Subdivision by the number ofAssessor's
Parcels and/or residential units for which building pemuts for residential conshuction
have or may be issued (i.e., the number or residential lots and/or units). The Backup
City of Lake Elsinore August 1 S, 2007
Community Facilities Disdict No. 2007-4 (Makenna Court) page 6
Assigned Special Tax for Facilities for Developed Property
Community Facilities District No. 2007-4
Fiscal Year 2007-2008
Special Taac for Facilities for each Assessor's Parcel of Non-Residential Property
therein sha11 equal $13,395 multiplied by the Acreage of such Assessor's Parcel.
If a Final Subdivision includes Assessor's Parcels of Taacable Property for which
building permits far both residential and non-residential construction may be issued,
exclusive of Tasable Property Owner Association Property and Taxable Public
Properry, then the Backup Special Tas for Facilities for each Assessor's Pazcel of
Residential Properiy shall be computed exclusive of the Acreage and Assessor's
Parcels of properiy for which building permits for non-residential construction may
be issued.
Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s)
described in the preceding paragraphs is subsequently changed or modified by
recordation of a lot line adjustment or similaz instrument, and only if the CFD
Administrator deternunes that such change or modification results in a decrease in
the number of Assessor's Parcels of Taxable Properiy for which building pemuts for
residential construction have or may be issued within such Final Subdivision, then
the Backup Special Ta~c for Facilities for each Assessor's Pazcel of Developed
Property that is part of the lot line adjustment or similar instrument for such Final
Subdivision shall be a rate per Acre as calculated below. The Backup Special Taa~
for Facilities previously determined for an Assessor's Pazcel of Developed Property
that is not a part of the lot line adjustment ar similar instrument for such Final
Subdivision shall not be recalculated.
1. Determine the total Backup Special TaY for Facilities anticipated to
apply to the changed or modified portion of the Final Subdivision
area prior to the change or modification.
2. The result of pazagraph 1 above shall be divided by the Acreage of
Taxable Property which is ultimately expected to exist in such
changed or modified portion of the Fina1 Subdivision area, as
reasonably determined by the CFD Administrator.
3. The result of pazagraph 2 above shall be the Backup Special Taac for
Facilities per Acre which shall be applicable to Assessor's Pazcels of
Developed Properry in such changed ar modified portion ofthe Final
Subdivision azea for all remaining Fiscal Years in which the Special
Ta~c far Facilities may be levied.
(d) Increase in the Assigned Special Tax for Facilities and Backup Special Ta~c for
Facilities
The Fiscal Year 2007-2008 Assigned Special Taac for Facilities, identified in Table 1
above, and Backup Special Tax for Facilities shall increase thereafter, commencing
on July 1, 2008 and on July 1 of each Fiscal Yeaz thereafter, by an amount equal to
two percent (2%) of the amount in effect for the previous Fiscal Year.
City of Lake Elsinore August I5, 2007
Community Facilities District No. 2007-4 (Makenna Court) page 7
(e) Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more than
one Land Use Class. The M~imum Special TaY for Facilities levied on an
Assessor's Parcel sha11 be the sum of the Masimum Special Tas for Facilities for all
Land Use Classes located on that Assessor's Pazcel. The CFD Administrator's
allocation to each type of property shall be finaL
2. Taxable Proroertv Owner Association Property, Taacable Public Pronertv, and
Undeveloped Propertv
The Fiscal Year 2007-2008 Ma~mum Special Tax for Facilities for Taafable Property Owner
Association Properry, Taatable Public Properly, and Undeveloped Property shall be $13,395
per Acre and shall increase thereafter, commencing on July 1, 2008 and on July 1 of each
Fiscal Yeaz thereafter, by an amount equal to two percent (2%) of the M~imum Special Tax
for Facilities in effect for the previous Fiscal Yeaz.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES
Commencing with Fiscal Yeaz 2007-2008 and for each following Fiscal Year, the Council
shall determine the Special Tax Requirement for Facilities and levy the Special Taac for
Facilities until the amount of Special Taac for Facilities levy equals the Special Tax
Requirement for Facilities. The Special Tax for Facilities shall be levied each Fiscal Year as
follows:
First: The Special Tax for Facilities shall be levied on each Assessor's Parcel of Developed
Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities;
Second: If additional monies are needed to satisfy the Special Tax Requirement for Faciliries
after the first step has been completed, the Special Tax for Facilities sha11 be levied
Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the
Maximum Special Taac for Facilities for Undeveloped Properry;
Third: If additional monies aze needed to satisfy the Special Tax Requirement for Facilities
after the first two steps have been completed, then the levy of the Special Tax for Facilities
on each Assessor's Parcel of Developed Property whose Masimum Special T~ for Facilities
is determined through the application of the Backup Special Tax for Facilities shall be
increased in equal percentages from the Assigned Special Taac for Facilities up to the
Maacimum Special Tax for Facilities for each such Assessor's Pazcel;
Fourth: If additional monies aze needed to satisfy the Special Taac Requirement for Facilities
after the first three steps have been completed, then the Special Tax for Facilities shall be
levied Proportionately on each Assessor's Pazcel of Taxable Property Owner Association
Property and Taxable Public Property at up to 100% of the Maa~imum Special TaY for
Facilities for Taxable Property Owner Association Property or Taxable Public Property.
City af Lake E[sinore August 15, 2007
Community Facilities District No. 2007-4 (Makenna Court) Page 8
Notwithstanding the above, the Council may, in any Fiscal Year, levy Proportionately less
than 100% of the Assigned Special Tax for Facilities in step one (above), when (i) the
Council is no longer required to levy the Special Tax for Facilities pursuant to steps two
through four above in order to meet the Special Tax Requirement for Facilities; (ii) all
authorized CFD No. 2007-4 Bonds have already been issued or the Council has covenanted
that it will not issue any additional CFD No. 2007-4 Bonds (except refunding bonds) to be
supported by the Special Tax for Facilities; and (iii) all Authorized Facilities have been
constructed and/or acquired and all reimbursements to the developer for the construction
and/or acquisition of such facilities have been paid as permitted by law.
Further notwithstanding the above, under no circumstances will the Special Tax for Facilities
levied against any Assessor's Parcel of Residential Property for which a Certificate of
Occupancy has been issued be increased by more than ten percent as a consequence of
delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2007-4.
E.
No Special Tax for Facilities shall be levied on up to 5.3 Acres of Properry Owner
Association Property and/or Public Property in CFD No. 2007-4. Tax-exempt status will be
assigned by the CFD Administrator in the chronological order in which property becomes
Property Owner Association Properiy or Public Property. However, should an Assessor's
Parcel no longer be classified as Property Owner Association Property or Public Properry, its
tas-exempt status will be revoked.
Property Owner Association Property or Public Property that is not exempt from Special Tax
for Facilities under this section shall be subject to the levy of the Special Taac for Facilities
and shall be taated Proportionately as part of the fourth step in Section D above, at up to
100% of the Maacimum Special Taac for Facilities for Taacable Property Owner Association
Property or Taxable Public Properly.
F. MANNER OF COLLECTION
The Special Ta~c for Facilities shall be collected in the same manner and at the same time as
ordinary ad valorem properiy taxes; provided, however, that CFD No. 2007-4 may directly
bill the Special Tax for Facilities, may collect the Special Taac for Facilities at a different time
or in a different manner if necessary to meet its financial obligations, and may covenant to
foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the
Act.
G. PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The following additional defuutions apply to this Section G:
City of Lake Elsinore August I5, 2007
Community Facilities District Na. 2007-4 (Makenna Cou~t) Page 9
"Buildout" means, for CFD No. 2007-4, that all expected building permits for dwelling
units to be constructed in CFD No. 2007-4 have been issued, as reasonably deternvned by the
CFD Administrator.
"CFD Public Facilities" means either $2,550,000 in 2007 dollars, which shall increase by
the Construction Inflation Index on July l, 2007, and on each July 1 thereafter, or such lower
number as (i) shall be determined by the CFD Administrator as sufficient to provide funding
for a11 of the Authorized Facilities, or (ii) shall be determined by the Council concurrently
with a covenant that it will not issue any more CFD No. 2007-4 Bonds (except refunding
bonds) to be supported by the Special Tax for Facilities levy under this Rate and Method of
Apportionment as described in Section D above.
"Construction Inflation Index" means the annual percentage change in the Engineering
News Recard 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 CFD
Administrator 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 (i) costs of Authorized
Facilities previously paid from the Improvement Fund, (ii) moneys currently on deposit in the
Improvement Fund available to pay costs of Authorized Facilities, and (iii) moneys currently
on deposit in an escrow fund that are expected to be auailable to finance the cost of
Authorized Facilities.
"Improvement Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct Authorized
Facilities.
"Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are
deemed to be outstanding under the Indenture after the first interest and/or principal payment
date following the current Fiscal Yeaz.
1. Prepayment in Full
Only an Assessor's Parcel of Developed Properry, or Undeveloped Property for which a
building pernut has been issued, may be prepaid. The obligation of the Assessor's Pazcel to
pay the Special Taac for Facilities may be permanently satisfied as described herein, provided
that a prepayment may be made with respect to a particular Assessor's Pazcel only if there aze
no delinquent Special Taxes with respect to such Assessor's Pazcel at the time of
prepayment. An owner of an Assessor's Pazcel intending to prepay the Special Tax for
Facilities obligation shall provide the CFD Administrator with written notice of intent to
prepay. Within 30 days of receipt of such written notice, the CFD Administratar shall notify
such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator
may charge a reasonable fee for providing this service. Prepayment must be made not less
than 45 days prior to the neact occurring date that notice of redemption of CFD No. 2007-4
City of Lake Elsinore August I5, 2007
Community Facilities District No. 2007-4 (Makenna Court) Page ZO
Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the
Indenture.
The Special Taac for Facilities Prepayment Amount (defined below) shall be calculated as
sununarized below (capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Canitalized Interest Credit
Total: equals Special Taac for Facilities Prepayment Amount
As of the proposed date of prepayment, the Special Tax for Facilities Prepayment Amount
shall be calculated as follows:
Para¢raph No.•
Confirm that no Special Tax delinquencies apply to such Assessor's Pazcel.
2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax for
Facilities and Backup Special Tas for Facilities. For Assessor's Parcels of
Undeveloped Properiy for which a building permit has been issued, compute the
Assigned Special Tax for Facilities and Backup Special TaY for Facilities for that
Assessor's Pazcel as though it was already designated as Developed Property, based
upon the building permit which has already been issued for that Assessor's Parcel.
3. (a) Divide the Assigned Special Tax for Facilities computed pursuant to pazagraph 2
by the total estimated Assigned Special Tax for Facilities for the entire CFD No.
2007-4 based on the Developed Property Special T~ for Facilities which could be
levied in the cunent Fiscal Yeaz on all expected development through Buildout of
CFD No. 2007-4, excluding any Assessor's Pazcels which have been prepaid, and
(b) Divide the Backup Special Tas for Facilities computed pursuant to pazagraph 2
by the total estimated Backup Special Taac for Facilities at Buildout for the entire
CFD No. 2007-4, excluding any Assessor's Pazcels which have been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
Previously Issued Bonds to compute the amount of Previously Issued Bonds to be
retired and prepaid (the "Bond Redemption Amount").
Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (e.g., the redemption price-100%), if any, on the
Previously Issued Bonds to be redeemed (the "Redemption Premium").
City ofLake Elsinore August I5, 2007
Community Facilities District No. 2007-4 (Makenna Courtf Page ll
6. Compute the current Future Facilities Costs.
Multiply the larger quotient computed pursuant to pazagraph 3(a) or 3(b) by the
amount determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Amount").
8. Compute 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 eazliest redemption date for the Previously Issued Bonds.
9. Determine the Special Taac for Facilities levied on the Assessor's Parcel in the cturent
Fiscal Year which has not yet been paid.
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Special Tax for Facilities Prepayment Amount less the
Future Facilities Amount and the Administrative Fees and Expenses (defined below)
from the date of prepayment until the redemption date far the Previously Issued
Bonds to be redeemed with the prepayment.
11. Add the amounts computed pursuant to pazagraphs 8 and 9 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount").
12. The administrative fees and expenses of CFD No. 2007-4 aze as calculated by the
CFD Administrator and include the wsts of computation of the prepayment, the costs
to invest the prepayment proceeds, the costs of redeeming CFD No. 2007-4 Bonds,
and the costs of recording any notices to evidence the prepayxnent and the redemption
(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 Previously Issued 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 Previously Issued 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. No Reserve Fund Credit
shall be granted if the amount then on deposit in the reserve fund far the Previously
Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture).
14. If any capitalized interest for the Previously Issued Bonds will not have been
expended as of the date immediately following the first interest and/ar principal
payment following the current Fiscal Year, a capitalized interest credit shall be
calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or
3(b) by the expected balance in the capitalized interest fund or account under the
Indenture after such first interest and/or principal payment (the "Capitalized Interest
Credit").
City of Lake Elsino~e August I5, 2007
Community Facilities District No. 2007-4 (Makenna Court) Page 12
15. The Special Taac for Facilities prepayment is equal to the sum of the amounts
computed pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed
pursuant to paragraphs 13 and 14 (the "Special Tuz~ for Facilities Prepayment
AmounP').
From the Special Taac for Facilities Prepayment Amount, the amounts computed pursuant to
pazagraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established
under the Indenture and be used to retire CFD No. 2007-4 Bonds or make debt service
payments. The amount computed pursuant to paragraph 7 shall be deposited into the
Improvement Fund. The amount computed pursuant to pazagraph 12 shall be retained by
CFD No. 2007-4.
The Special TaY for Facilities Prepayment Amount may be insufficient to redeem a full
$5,000 increment of CFD No. 2007-4 Bonds. In such cases, the increment above $5,000 or
integral multiple thereof will be retained in the appropriate fund established under the
Indenture to be used with the next prepayment of CFD No. 2007-4 Bonds or to make debt
service payments.
As a result of the payment of the current Fiscal Year's Special Tax for Facilities levy as
determined under paragraph 9(above), the CFD Administrator shall remove the current
Fiscal Year's Special Tas for Facilities lery for such Assessor's Pazcel from the County tax
rolls. With respect to any Assessor's Parcel that is prepaid, the Council shall cause a suitable
notice to be recorded in compliance with the Act, to indicate the prepayment of the Special
Tas for Facilities and the release of the Special Tax for Facilities lien on such Assessor's
Parcel, and the obligarion of such Assessor's Parcel to pay the Special Tax for Facilities shall
cease.
Notwithstanding the foregoing, no Special Tax for Facilities prepayment shall be allowed
unless, at the time of such proposed prepayment, the amount of Maacimum Special Tax for
Facilities that may be levied on Tasable Properry within CFD No. 2007-4 (after excluding
53 Acres of Property Owner Association Property and Public Property as set forth in Section
E) both prior to and after the proposed prepayment is at least equal to the sum of (i) the
Administrative Expenses, as defined in Section A above, and (ii) 1.10 times maacimum
annual debt service, in each remaining Fiscal Year on the Outstanding Bonds.
2. Prepayment in Part
The Special Tax for Facilities on an Assessor's Parcel of Developed Properiy or an
Assessor's Pazcel of Undeveloped Property for which a building permit has been issued may
be partially prepaid. The amount of the prepayment shall be calculated as in Section G.1;
except that a partial prepayment shall be calculated according to the following formula:
PP =[(PE - A) x F] + A
These terms have the following meaning:
Ciry af Lake Elsinore August I5, 2007
Communiry Facilities District No. 2007-4 (Makenna Court) Page l3
PP = the partial prepayment.
PE = the Special Taac for Facilities Prepayment Amount calculated according to
Section G.1.
F= the percentage, expressed as a decimal, by which the owner of the Assessor's
Parcel is partially prepaying the Special Tax for Facilities.
A= the Administrative Fees and Expenses calculated accarding to Section G.1.
The owner of any Assessor's Pazcel who desires such prepayment sha11 notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the
percentage by which the Special Taat for Facilities shall be prepaid. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial prepayment of
the Special Tax for Facilities for an Assessor's Pazcel within 30 days of the request and may
charge a reasonable fee for providing this service. With respect to any Assessor's Pazcel that
is partially prepaid, the Council shall (i) distribute the funds remitted to it according to
Section G.1, and (ii) indicate in the records of CFD No. 2007-4 that there has been a partial
prepayment of the Special Tax for Facilities and that a portion of the Special T~ for
Facilities with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 -
F) of the remaining Maximum Special Tas for Facilities, shall continue to be levied on such
Assessor's Pazcel pursuant to Section D above.
H. TERM OF SPECIAL TAX FOR FACILITIES
The Special Tax far Facilities shall be levied for a period not to exceed forty yeazs
commencing with Fiscal Year 2007-2008, provided however that the Special Tax for
Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has
determined (i) that all required interest and principal payments on the CFD No. 2007-4
Bonds have been paid; (ii) all Authorized Facilities have been constructed and/or acquired
and a11 reimbursements to the developer for the construction and/or acquisition of such
facilities have been paid as permitted by law; and (iii) all other obligations of CFD No. 2007-
4 have been satisfied.
I. SPECIAL TAX FOR SERVICES
The following additional definitions apply to this Section I:
"Developed Multifamily Unit" means a residential dwelling unit within a building in which
each of the individual dwelling units has or shall haue at least one common wall with another
dwelling unit and a building permit has been issued by the City for such dwelling unit on or
prior to May 1 preceding the Fiscal Yeaz in which the Special Tax for Services is being
levied.
"Developed Non-Residentiai Property" means all Assessor's Parcels for which a building
permit was issued by the City for any type of non-residential use, excluding property owned
by local, state, or federal government, on or prior to May 1 preceding the Fiscal Year in
which the Special Tax is being levied.
Ciry of Lake E[sinore August I5, 2007
Communiry Facilities District No. 2007-4 (Makenna Court) Page 14
"Developed Single Family Unit" means a residential dwelling unit other than a Developed
Multifamily Unit on an Assessor's Pazcel for which a building permit has been issued by the
City on or prior to May 1 preceding the Fiscal Yeaz in which the Special Tax for Services is
being levied.
"Maximum Special Tax for Services" means the m~imum Special Tax for Services that
can be levied by CFD No. 2007-4 in any Fiscal Year on any Assessor's Parcel.
"Operating Fund" means a fiznd that shall be maintained for CFD No. 2007-4 for any
Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the
applicable Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operaring Fund at the end of
the preceding Fiscal Yeaz.
"Service Area" means parks, open space, and storm drains.
"Special Tax for Services" means any of the special tases authorized to be levied within
CFD No. 2007-4 pursuant to the Act to fund the Special TaY Requirement for Services.
"Special Tax Requirement for Services" means the amount determined in any Fiscal Yeaz
for CFD No. 2007-4 equal to (i) the budgeted costs directly related to the Service Area,
including maintenance, repair and replacement of certain components of the Service Area
which have been accepted and maintained or are reasonably expected to be accepted and
maintained during the current Fiscal Year, (ii) pay a proportionate shaze of Administrative
Expenses, and (iii) anticipated Special Tax for Services delinquencies based on the
delinquency rate for the Special Taac for Services levy in CFD No. 2007-4 for the previous
Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administratar.
1. Rate and Method of Apportionment of the Special Tax for Services
Commencing with Fiscal Yeaz 2007-2008 and for each subsequent Fiscal Yeaz, the Council
shall levy the Special Taa~ for Services on (i) all Assessor's Parcels containing a Developed
Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non-
Residential Properiy, up to the applicable Masimum Special Tax for Services to fund the
Special Taac Requirement for Services.
The Maa~imum Special Taaf for Services for Fiscal Yeaz 2007-2008 shall be $251.78 per
Developed Single Family Unit, $125.89 per Developed Multifamily Unit, and $567.02 per
Acre for each Assessor's Parcel of Developed Non-Residential Property.
On each July 1, commencing July 1, 2008, the Maxiinum Special Tax for Services shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
2. Duration of the Special Tax for Services
Ciry of Lake Elsinore August I5, 2007
Community Facilities D'utrict No. 2007-4 (Makenna Court) Page I S
The Special Tax for Services shall be levied in perpetuity to fund the Special Tax
Requirement for Services, unless no longer required as determined at the sole discretion of
the Council.
3. Collection of the Special Tax for Services
The Special Tas for Services shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided, however, that CFD No. 2007-4 may collect the
Special Tas for Services at a different time or in a different manner if necessary to meet its
funding requirements.
J. APPEALS AND INTERPRETATIONS
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in enor may submit a written appeal to CFD No. 2007-4. The CFD
Administrator shall review the appeal and if the CFD Administrator concurs, the amount of
the Special Tax levied shall be appropriately modified.
The Council may interpret this Rate and Method of Apportionment for purposes of clarifying
any ambiguity and make determinations relative to the annual administration of the Special
Tax and any landowner or resident appeals. Any decision of the Council shall be final and
binding as to all persons.
K:ICLIENTS2ICLCIMakennaCaurtIRNAIMakenna Cour! CFD RMA Draft3.doc
Revised: 9/27/07
City of Lake Elsinore ,suguar ~~, ~vo~
Community Facilities District No. 2007-4 (Makenna Court) Page 16
EXHIBIT A
CERTIFICATE TO AMEND SPECIAL TAXFOR FACILITIES
CITY OF LAKE ELSINORE AND CFD No. 2007-4 CERTIFICATE
Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore
("City") and Community Facilities District No. 2007-4 of the City of Lake Elsinore ("CFD No.
2007-4") hereby agree to a reduction in the Assigned Special Tax for Facilities for Developed
Property, and the Backup Special Ta~c for Facilities attributable to a Final Subdivision within
CFD No. 2007-4:
~a~ The information in Table 1 relating to the Assigned Special Taac for Facilities for Developed
Property within CFD No. 2007-4 shall be modified as follows:
Acre.
2. The Special Taac for Facilities may only be modified prior to the first issuance of CFD No. 2007-
4 Bonds.
Upon execution of the Certificate by the City and CFD No. 2007-4, the City shall cause an
amended notice of Special Tax lien for CFD No. 2007-4 t o be recorded reflecting the
modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City and CFD No. 2007-4,
receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in
this Certificate.
CITY OF LAKE ELSINORE
By:
CFD Administrator
COMMUNITY FACILITIES DISTRICTNO. 2007-4
OF THE CITY OF LAKE ELSINORE
By: Date:
ro~ The Backup Special Taaf for Facilities attributable to a Final Subdivision within CFD No.
2007-4, as stated in Section C.1.(c), shall be reduced from $13,395 per Acre to $ pet
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
EXHIBIT B
DESCRIPTION OF FACILITIES
City of Lake Elsinore Fees
Library Fee
Master Plan of Drainage Fee
Park In-Lieu Fee
Traffic Impact Fee
Fire Facilities Impact Fee
Public Building Impact Fee
Transportation Uniform Mitigation Fee
Multiple Species Habitat Conservation Plan Fee
City of Lake Elsinore Facilities
Storm Drain Facilities
Traffic Signal Improvements
Street Improvements
Lake Elsinore Unified School District Fees
Elsinore Valley Municipal Water District Fees
Water Connection Fee
Sewer Connection Fee
Landscape Irrigation Meters - 2" Fee
Landscape Irrigation Meters - 1" Fee
Landscape Irrigation Meters - Backflow Inspection Fee