HomeMy WebLinkAboutCC Reso No 2004-18RESOLUTION NO. 2004-18
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE TO ESTABLISH CITY OF LAK~ ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2004-1 (CITY CENTER
TOWNHOMES)
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 "AcY'), (ii) authorization of issuance of bonds far 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 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, or 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 for 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 Boundary of Community Facilities District No. 2004-1 of the City
of Lake Elsinore (City Center Townhomes)," 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 City Clerk shall endorse the certificate evidencing the date and
adoption of this resolution. The City Clerk shall file the original of such map in her office and,
within fifteen (15) days after the adoption of this Resolution, the 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. 2004-1 (City Center Townhomes)."
Section 3. The facilities proposed to be financed by the CFD are public infrastructure
facilities and other governmental facilities with an estimated useful life of five yeazs or longer,
which the CFD is authorized by law to conshuct, 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, including but not limited to streets, streetscape, storm drain, and water
and sewer facilities and fees of the Elsinore Valley Municipal Water District and related costs
454336512
including designs, inspections, professional fees, annexation fees, connection fees and
acquisition costs (the "Facilities"). Such Facilities need not be physically located within the
CFD.
Section 4. Except where funds aze 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 Tax") 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
finance 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 financial 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 non-exempt real property in the CFD. In the first year in which such a
Special Tas is levied, the levy shall include a sum sufficient to repay to the City all amounts, if
any, transferred to the CFD pwsuant 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 Tazc is
described in detail in E~ibit A attached hereto and by this reference incorporated herein. The
Special Tas is based upon the cost of financing the Facilities in the CFD, the demand that each
parcel will place on the Facilities and the benefit (direct and/or indirect) received by each parcei
from the Facilities.
The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section
533253 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 ta~c. Under no circumstances, however, shall the Special Ta~c 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 ar pazcels within the CFD by more than 10 percent. Furthermore,
the maximum special tax authorized to be levied against any parcel used for private residential
purposes shall not be increased over time in excess of 2 percent per yeaz.
Section 5. 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 6. A public hearing (the "Hearing") on the establishment of the CFD and the
proposed rate and method of apportionment of the Special Tax shall be held on Apri127, 2004, at
7:00 p.m., or as soon thereafter as practicable, at the chambers of the Council, 183 N. Main
Street, Lake Elsinore, California 92530.
454336512 2.
Section 7. 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 8. Each City officer who is or will be responsible far 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 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 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, a11 costs associated with the creation of the CFD,
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 CFD, and any other expenses incidental to the construction, completion and
inspection of the authorized work to be paid through the proposed fmancing.
Section 9. The City may accept advances of funds from any sources, including
private persons or private entities, and is authorized and directed to use such funds for 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 Special Tax, if the proposal to
levy such tax should fail, and to repay all of such funds advanced if the levy of the Special Tax
sha11 be approved by the qualified electors of the CFD.
Section 10. The 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 i l. The 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 12. 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 a11ow 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 compazable instrument or docuxnent, to tender to the CFD treasurer in full payment
or part payment of any installment of the special taaces 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 paz and credit to be given for the
accrued interest shown thereby computed to the date of tender.
454336512 3
Section 13. The voting procedure with respect to the establishment of the CFD and the
imposition of the special tax shali be by hand delivered ballot election.
454336512
PASSED, APPROVED AND ADOPTED this 23rd day of March , 2004.
CITY OF LAKE ELSINORE
APPROVED AS TO FORM:
baza Leibold, ity Attorney
45433651:2
City Clerk of the City of Lake Elsinore
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
I, Vicki Kasad, City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of said City at a regular meeting
thereof held on the 23rd day of March , 2004, and that it was so adopted by the
following vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBER • NONE
By: .~-cSle,.. ~~
City Clerk of the City of La1ce Elsinore
454336512
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
454336512
EXHIBIT
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2004-1
OF THE CITY OF LAKE ELSINORE
(CITY CENTER TOWNHOMES)
The following sets forth the Rate and Method of Apportionment for the levy and collection of
Special Taxes in the City of Lake Elsinore ("City") Community Facilities District No. 2004-1 (City
Center Townhomes) ("CFD No. 2004-1 "). An Annual Special T~ shall be levied on and collected
in CFD No. 2004-1 each Fiscal Year, in an amount determined through the application of the Rate
and Method of Apportionment described below. All of the real property within CFD No. 2004-1,
unless exempted by law or by the provisions hereof, shall be taaced for the purposes, to the extent,
and in the manner herein provided.
SECTION A
DEFINTTIONS
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 the Assessor's Parcel Map, the land area as shown on the
applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area
sha(1 be calculated by the City Engineer.
"Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5,
Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means any ordinary and necessary expense incurred by the City on
behalf of CFD No. 2004-1 related to the determination of the amount of the levy of Special Taxes,
the collection of Special Taxes including the expenses of collecting delinquencies, the
administration of Bonds, the payment of salaries and benefits of any City employee whose duties are
directly related to the administration of CFD No. 2004-1 , and costs otherwise incurred in order to
carry out the authorized purposes of CFD No. 2004-1 relating to CFD No. 2004-1.
"Annual Special Tax" means the Special Taac actually levied in any Fiscal Year on any Assessor's
Parcel.
"Apartment Property" means all Assessor's Parcels of Residential Properiy on which one or more
Apartment Units are constructed.
"Apartment Unit" means a dwelling unit within a building comprised of attached residential units
available for rental by the general public, not for sale to an end user, and under common
management.
City of Lake Elsinore March 15, 2004
Community Facilities District No. 2004-1 ~
Page 1
"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 ofthe Assessor ofthe County designating parcels
by Assessor's Parcel Number.
"Assessor's Parcel Number" means that number assigned to an Assessor's Pazcel by the County
for purposes of identificarion.
"Assigned Annual Special Tax" means the Special Tax of that name described in Section D below.
"Backup Annual Special Tax" means the Special Tax ofthat name described in Section E below.
"Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds,
notes, certificates of participarion, long-term leases, loans from government agencies, or loans from
banks; other financial institutions, private businesses, or individuals, or long-term contracts, or any
refunding thereof, to which Special Taxes within CFD No. 2004-1 have been pledged.
"Building Square Footage" or "BSF" means the square footage of assessable internal living
space, exclusive of garages or other stnxctures not used as living space, as determined by reference
to the building permit application for such Assessor's Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following
December 31. ~
"CFD No. 2004-1" means Community Facilities District No. 2004-_ established by the City under
the Act.
"City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative
Body of CFD No. 2004-1, or its designee.
"County" means the County of Riverside.
"Developed Property" means all Assessor's Parcels of Taacable Properiy that: (i) are included in a
Final Map that was recorded prior to the January 15` preceding the Fiscal Year in which the Special
Tax is being levied, and (ii) a building permit was issued on or before March 1~` preceding the Fiscal
Year in which the Special Tax is being levied.
"Esempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes
as provided for in Section J.
"Final Map" means a subdivision of property by recordarion of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (Califomia Government Code Section 66410 et
seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates
individual lots for which building permits may be issued without further subdivision.
"Fiscal Year" means the period commencing on 7uly 1 of any year and ending the following June
30.
City of Lake Elsinore March 15, 2004
Community Facilities District No. 2004-1
Page 2
"Maximum Special Tax" means the masimum Special Tax, determined in accordance with Section
C, that can be levied by CFD No. 2004-1 in any Fiscal Year on any Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit was issued for any type of non-residential use.
"Parfial Prepayment Amount" means the amount required to prepay a portion of the Annual
Special Tax obligarion for an Assessor's Parcel, as described in Section H.
"Prepayment Amount" means the amount required to prepay the Annual Special Tax obligation in
full for an Assessor's Parcel, as described in Section G.
"Proporfionately" means that the ratio of the Annual Special Taac levy to the applicable Assigned
Annual Special Tax is equal far all applicable Assessor's Parcels. In case of Developed Property
subject to the apportionment of the Annual Special Tax under step four of Section F,
"Proportionately" in step four means that the quotient of (a) Annual Special Tax less the Assigned
Annual Special Taac divided by (b) the Backup Annual Special Ta~c less the Assigned Annual Special
Tax, is equal for all applicable Assessor's Parcels.
"Provisional Undeveloped Property" means all Assessor's Parcels of Taacable Property that would
otherwise be classified as Exempt Properry pursuant to the provisions of Section J, but cannot be
classified as Exempt Property because to do so wouid reduce the Acreage of all Taxable Properry
below the required minimum Acreage set forth in Secrion J as applicable.
"Residential Property" means all Assessor's Parcels ofDeveloped Property for which a building
permit has been issued for purposes of constructing one or more residential dwelling units.
"Single Family Property" means all Assessor's Parcels of Residential Property other than
Apartment Property.
"Single Family Unit" means a residential dwelling unit other than an Apartment Unit.
"Special Tax" means any ofthe special taxes authorized to be levied by CFD No. 2004-1 pursuant
to the Act.
"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) Administrarive Expenses, (iii) the costs associated with the release of funds
from an escrow account, (iv) any amount required to establish or replenish any reserve funds
established in association with the Bonds, and (v) the collection or accumulation of funds for the
acquisition or construction of facilities authorized by CFD No. 2004-1 provided that the inclusion of
such amount does not cause an increase in the levy of Special Tax on Undeveloped Properry as set
forth in Step Three of Section F., less (vi) any amounts available to pay debt service or other
periodic costs on the Bonds pursuant to any applicable bond indenture, fiscal agent agreement, or
trust agreement.
City of Lake Elsinore
Community Facilities District No. 2004-1
March 15, 2004
Page 3
"Tagable Property" means all Assessor's Parcels within CFD No. 2004-1, which are not Exempt
Property.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not
Developed Property, or Provisional Undeveloped Properiy.
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
Each Fiscal Year, beginning with Fiscal Yeaz 2004-05, each Assessor's Parcel within CFD No.
2004-1 shall be classified as Taxable Property or Exempt Properry. In addition, each Assessor's
Pazcel of Taxable Properry shall be further classified as Developed Properry, Undeveloped Properiy
or Provisional Undeveloped Property. In addirion, each Assessor's Parcel of Developed Properry
shall further be classified as Residential Property or Non-Residenrial Properiy. Lastly, each
Assessor's Parcel of Residential Property shall further be classified as a Single Family Property or
Apaitment Property, and each Single Family Properry shall be assigned to its appropriate Assigned
Annual Special Tas rate based on its Building Square Footage.
SECTION C
MAXIMUM SPECIAL TAX
1. Developed Properiv
The Maximum Special Ta3c for each Assessor's Parcel of Residential Property or Non-
Residential Properiy that is classified as Developed Property in any Fiscal Year shall be the
greater of (i) the Assigned Annual Special Tax or (ii) the Backup Annual Special Taac.
2. Undeveloqed Propertv and Provisional Undeveloped Proaertv
The M~imum Special Tax for each Assessor's Parcel classified as Undeveloped Properry,
or Provisional Undeveloped Property in any Fiscal Year shall be the Assigned Annual
Special Tax.
SECTION D
ASSIGNED ANNUAL SPECIAL TAX
1. Develoued Prouertv
Each Fiscal Year, each Assessor's Parcel of Single Family Property, Apartment Properry, or
Non-Residential Properry shall be subject to an Assigned Annual Special Tax. The Assigned
Annual Special Taac applicable to an Assessor's Parcel of Developed Property forFiscal Year
2004-OS shall be determined pursuant to Table 1 below.
TABLE 1
City of Lake Elsinore
Community Facilities District No. 2004-1
March 15, 2004
Page 4
ASSIGNED ANNUAL SPECIAL TAX RATES
FOR DEVELOPED PROPERTY
FOR FISCAL YEAR 2004-OS
Land Use T e Buildin S uare Foota e Rate
Residential Pro e Less than 1 000 $1 182 er Unit
Residential Pro e 1,000 - 1,199 $1 333 er Unit
Residential Property 1,200 - 1,399 $1,661 per Unit
Residential Pro e 1,400 - 1,499 $1,770 er Unit
Residential Pro e 1,500 or greater $1,839 er Unit
A artment Unit N/A $18,957 er Acre
Non-Residential Pro e N/A $18,957 er Acre
2. Undeveloped Proqertv and Provisional Undeveloped Proaertv
Each Fiscal Year, each Assessor's Parcel of Undeveloped Properry and Provisional
Undeveloped Property shall be subject to an Assigned Annual Special Tax. The Assigned
Annual Special Tax rate for an Assessor's Parcel classified as Undeveloped Properiy and
Provisional Undeveloped Properiy for Fiscai Year 2004-OS shall be $18,957 per Acre.
3. Increase in the Assi¢ned Annual Sqecial Tax
On each 7uly 1, commencing July 1, 2005, the Assigned Special Tax rate for Developed
Property, Undeveloped Property and Provisional Undeveloped Properiy shall be increased by
two percent (2.00%) of the amount in effect in the prior Fiscal Year.
SECTION E
BACKUP ANNUAL SPECIAL TAX
At the time a Final Map is recorded, the Backup Annual Special Tax for all Assessor's Parcels of
Developed Property classified or reasonably expected to be classified as a Single Family Property
within such Final Map area shall be determined by (i) summing the product of (a) the Maacimum
Special Ta~c rate for Undeveloped Property by (b) the total Acreage of Taxable Property of each
Assessor's Parcel in such Final Map area, excluding Acreage classified as Provisional Undeveloped
Property and any Acreage reasonably expected to be classified as Exempt Properry in such Final
Map area, and (ii) dividing the results in (i) by the total number of Single Family Units reasonably
expected to be constructed within such Final Map area. The resulting quotient shall be the Backup
Annual Special Tax for each Assessor's Parcel of Developed Property within such Final Map area.
The Backup Annual Special Tax for all Assessor's Parcels of Developed Property classified as Non-
Residential Properiy or Apartment Properry shall be the Maacimum Special Tax rate forUndeveloped
Property.
City of Lake Elsinore L: March 15, 2004
Community Facilities District No. 2004-1 -
Page 5
If a Final Map includes Assessor's Parcels ofDeveloped Properiy which are classified or reasonably
expected to be classified as Single Family Properry and Non-Residential Property or Apartment
Property, then the Backup Annual Special Tax for each Assessor's Parcel which is classified or
reasonably expected to be classified as Single Family Properiy shall be computed exclusive of the
allocable portion of total Acreage attributable to Assessor's Parcels classified or reasonably expected
to be classified as Non-Residenrial Property or Apartment Property.
Notwithstanding the foregoing, if Assessor's Parcels of Developed Properry which are classified or
to be classified as either Single Family Properiy, Apartment Property or Non-Residential Properiy
are subsequently changed of modified by recordation of a lot line adjustment or similar instnxment,
then the Backup Annual Special Tax shall be recalculated to equal the amount of Backup Annual
Special Tax that would have been generated if such change did not take place.
On each July l, commencing July 1, 2005, the Backup Annual Special Tax rate shall be increased by
two percent (2.00%) of the amount in effect in the prior Fiscal Year.
SECTION F
METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX
Commencing Fiscal Year 2004-OS and for each subsequent Fiscal Year, the City Council shall levy
Annual Special Taxes on all Ta~cable Properiy in accordance with the following steps:
Step One: The Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property at up to 100% of the applicable Assigned Annual Special Tax
rates in Table 1 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 Annual Special Tax shall be levied Proportionately on
each Assessor's Pazcel of Undeveloped Property up to 100% of the Assigned Annual
Special Tax applicable to each such Assessor's Parcel as needed to satisfy the
Special Tax Requirement.
Step Three: ffadditional moneys are needed to satisfy the Special Ta~c Requirement after the first
two steps have been completed, then the Annual Special Tax on each Assessor's
Parcel of Developed Property whose Maacimum Special Ta~c is the Backup Annual
Special Tax shall be increased Proportionately from the Assigned Annual Special
Tax up to 100% of the Backup Annual Special Tax as needed to sarisfy the Special
Ta~c Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, the Annual Special Tax shall be levied
Proportionately on each Assessor's Parcel of Provisional Undeveloped Properry up
to 100% of the Assigned Annual Special Tax applicable to each such Assessor's
Parcel as needed to satisfy the Special Tax Requirement.
City of Lake Elsinore March 15, 2004
Community Facilities District No. 2004-1
Page 6
SECTION G
PREPAYMENT OF ANNUAL SPECIAL TAX
The following definitions apply to this Section G:
"CFD Pubtic Facitities" means $2,335,683 expressed in 2004 dollars, which shall increase by the
Construction Inflarion Index on July 1, 2005, 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. 2004-1 , or (ii) determined by the City Council concurrently with a
covenant that it will not issue any more Bonds to be supported by Special Taxes 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 conshuct public
facilities eligible under CFD No. 2004-1.
"Construction Inflation Index" means the annual percentage change in the Engineering News-
Record Building Cost Index for the city of Los Angeles, measured as of the calendar year which
ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction
Inflation Index shall be another index as determined by the City that is reasonably comparable to the
Engineering News-Record Building Cost Index for the city of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to
be funded through existing construction or escrow accounts or funded by the Outstanding Bonds,
and minus public facility costs funded by interest earnings on the Construcrion Fund actually earned
prior to the date of prepayment.
"Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special
Taaces 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 Maximum Special Taxes.
The Special Tax obligation of an Assessor's Parcel ofDeveloped Properry, or an Assessor's Parcel
of Undeveloped Property for which a building permit has been issued or is expected to be issued, or
an Assessor's Parcel of Provisional Undeveloped Property may be prepaid in full, provided that
there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such
Assessor's Parcel at the time the Special Tax obligation would be prepaid. The Prepayment Amount
for an Assessor's Parcel eligible for prepayment shall be determined as described below.
An owner of an Assessor's Parcel intending to prepay the Annual Special Tax obligation shall
provide the City with written notice of intent to prepay, and within 5 days of receipt of such notice,
the City shall notify such owner of the amount of the non-refundable deposit determined to cover the
cost to be incuned by CFD No. 2004-1 in calculating the proper amount of a prepayment. Within
15 days of receipt of such non-refundable deposit, the City shall notify such owner of the
Prepayment Amount of such Assessor's Parcel.
City of Lake Elsinore March 15, 2004
Community Facilities District No. 2004-1
Page 7
The Prepayment Amount for each applicable Assessor's Parce( shall be calculated according to the
following formula (capitalized terms defined below):
Bond Redemprion Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Cost
plus Administrative Fee
less Reserve Fund Credit
equals Prepayment Amount
As of the date of prepayment, the Prepayment Amount shall be calculated as follows:
For an Assessor's Parcel of Developed Property, compute the Assigned
Annual Special Tax applicable to the Assessor's ParceL For an Assessor's
Parcel of Undeveloped Property, compute the Assigned Annual Special Tax
as though is was already designated as Developed Properiy based upon the
building permit issued or expected to be issued for that Assessor's Pazcel.
For an Assessor's Parcel of Provisional Undeveloped Property compute the
Assigned Annual Special Tax for that Assessor's Parcel.
2. For each Assessor's Parcel ofDeveloped Property, Undeveloped Property or
Provisional Undeveloped Properry to be prepaid, divide the Assigned Annual
Special Ta~c computed pursuant to paragraph 1 for such Assessor's Parcel by
the sum of the estimated Assigned Annual Special Ta3c applicable to all
Assessor's Parcels of Taxable Properiy at buildout, as reasonably deternuned
by the City.
Multiply the quotient computed pursuant to paragraph 2 by the Outstanding
Bonds. The product shall be the "Bond Redemption AmounY'.
4. Multiply the Bond Redemption Amount by the applicable redemption
premium, if any, on the Outstanding Bonds to be redeemed with the proceeds
of the Bond Redemption Amount. This product is the "Redemption
Premium."
5. Compute the Future Facilities Cost.
6. Multiply the quotient computed pursuant to paragraph 2 by the amount
determined pursuant to paragraph 5. to determine the Future Facilities Cost to
be prepaid (the "Future Facilities AmounY').
Compute the amount needed to pay interest on the Bond Redemption
Amount to be redeemed with the proceeds of the Prepayment Amount until
the earliest call date for the Outstanding Bonds.
Ciry of Lake Elsinore
Community Faciliries District No. 2004-1
March 15, 2004
Page 8
8. Estimate the amount of interest eamings to be derived from the reinvestment
of the Bond Redemption Amount plus the Redemption Premium until the
earliest call date for the Outstanding Bonds.
9. Subtract the amount computed pursuant to paragraph 8 from the amount
computed pursuant to paragraph 7. This difference is the "Defeasance Cost."
10. Estimate the administrative fees and expenses associated with the
prepayment, including the costs of computation of the Prepayment Amount,
the costs of redeeming Bonds, and the costs of recording any notices to
evidence the prepayment and the redemption. This amount is the
"Administrative Fee."
11. Calculate the "Reserve Fund Credit" as the lesser of: (a) the expected
reducrion in the applicable reserve requirements, if any, associated with the
redemption of Outstanding Bonds as a result of the prepayment, or (b) the
amount derived by subtracting the new reserve requirements in effect after
the redemption of Outstanding Bonds as a result of the prepayment from the
balance in the applicable reserve fixnds on the prepayment date.
Notwithstanding the foregoing, ifthe reserve fund requirement is satisfied by
a surety bond or other instrument at the time of the prepayment, then no
Reserve Fund Credit shall be given. Notwithstanding the foregoing, the
Reserve Fund Credit shall in no event be less than 0.
12. The Prepayment Amount is equal to the sum of the Bond Redemption
Amount, the Redemption Premium, the Future Facilities Amount, the
Defeasance, and the Administrative Fee, less the Reserve Fund Credit.
13. From the Prepayment Amount, the amounts computed pursuant to paragraphs
3, 4, 9, and 11 shall be deposited into the appropriate fund as established
under the bond indenture and used to retire Outstanding Bonds or make debt
service payments. The amount computed pursuant to paragraph 6 shall be
deposited into the Constsuction Fund. The amount computed pursuant to
paragraph 10 shall be retained by CFD No. 2004-1.
With respect to Special Tax obligation that is prepaid pursuant to this Section G, the City Council
shall indicate in the records of CFD No. 2004-1 that there has been a prepayment ofthe Special Taac
obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty
(30) days ofreceipt of such prepayment to indicate the prepayment of the Special Taac obligarion and
the release of the Special Ta3c lien on such Assessor's Parcel, and the obligation of such Assessor's
Parcel to pay such Special Taxes shall cease.
Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax that
may be levied on Taa~ccable Properry, net of Administrative Expenses, shall be at least 1.1 times the
regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in
each future Fiscal Year.
City of Lake Elsinore
Community Facilities District No. 2004-1
March 15, 2004
Page 9
SECTION H
PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX
The Special Tax obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel
of Undeveloped Property for which a building permit has been issued or is expected to be issued, or
and Assessor's Parcel ofProvisional Undeveloped Property, as calculated in this Secrion H. below,
may be partially prepaid, provided that there are no delinquent Special Taxes, penalties, or interest
charges outstanding with respect to such Assessor's Parcel at the time the Special Tax obligation
would be prepaid.
The Partial Prepayment Amount shall be calculated according to the following formula:
PP = ((PG -A) x F) + A
The terms above have the following meanings
PP = the Partial Prepayment Amount.
PG = the Prepayment Amount calculated according to Section G.
F= the percent by which the owner of the Assessor's Parcel is partially
prepaying the Special Tax obligation.
A= the Administrarive Fees and Expenses ca(culated according to Section G.
With respect to any Assessor's Parcel that is partially prepaid, the City Council shall indicate in the
records of CFD No. 2004-1 that there has been a partial prepayment of the Speciat Tax obligarion
and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of
receipt of such partial prepayment of the Special Tax obligation, to indicate the partial prepayment
of the Special Tax obligation and the partial release of the Special Tax lien on such Assessor's
Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax
shall cease.
Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special
Taac that may be levied on Taa~able Property after such partial prepayment, net of AdminisVative
Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments
on all currently Outstanding Bonds in each future Fiscal Year.
SECTION I
TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Annual Special Taac shall be levied on all
Assessor's Parcels subject to the Annual Special Taac. If any delinquent Annual Special Taxes
remain uncollected prior to or after all Bonds are retired, the Annual Special Taac may be levied to
City of Lake Elsinore March 15, 2004
Community Facilities District No. 2004-1 •
Page 10
the extent necessary to reimburse CFD No. 2004-1 for uncollected Annual Special Taaces associated
with the levy of such Annual Special Taxes, but not later than the 2042-43 Fiscal Year.
SEC'I`ION J
EXEMPTIONS
The City shall classify as Exempt Property (i) Assessor's Parcels which are owned by, irrevocably
offered for dedication, encumbered by or restricted in use by the State of Califomia, Federal or other
local govemments, including school districts, (ii) Assessor's Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement, (iii) other
types of public uses deternuned by the City Council, (iv) Assessor's Parcels which are privately
owned and are encumbered by or restricted solely for public uses, (v) 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, or (vi) Assessor's Parcels which are owned by, irrevocably offered for
dedication, encumbered by or restricted in use by a homeowners' association, provided that no such
classification would reduce the sum of all Taxable Property to less than 13.43 Acres.
Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt
Properry if such classification would reduce the sum of all Taacable Properiy to less than 13.43
Acres. Assessor's Parcels which cannot be classified as Exempt Properiy because such classification
would reduce the Acreage of all Taz~able Property to less than 13.43 Acres will be classiFied as
Provisional Undeveloped Properry, and will be subject to Special Taxes pursuant to Step Five in
Section F.
At such time an Assessor's Parcel must be classified as Provisional Developed Properiy, the
following hierarchy shall be used to determine which Assessor's Parcel will be taxed to ensure that
the Taxable Properiy is notlessthan 13.43 acres:
First, an Assessor's Parcel as designated in (vi) above
Second, an Assessor's Parcel as designated in (v) above
Third, an Assessor's Pazcel as designated in (iv) above
Fourth, an Assessor's Parcel as designated in (iii) above
Fifth, an Assessor's Parcel as designated in (ii) above
Sixth, an Assessor's Parcel as designated in (i) above
SECTION K
APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may
file a written notice of appeal with the City Council not later than twelve months after having paid
the first installment of the Special Taac that is disputed. A representative(s) of CFD No. 2004-1 shall
prompdy review the appeal, and if necessary, meet with the property owner, consider written and
oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the
representative's decision requires that the Special Ta~c for an Assessor's Pazcel be modified or
changed in favor of the property owner, a cash refund shall not be made (except for the last year of
City of Lake Elsinore March 15; 2004
Community Facilities District No. 2004-1
Page 11
levy), but an adjustment shall be made to the Annual Special Ta~c on that Assessor's Parcel in the
subsequent Fiscal Year(s).
SECTION L
MANNER OF COLLECTION
The Annuai Special Taac shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes, provided, however, that CFD No. 2004-1 may collect Annual Special Taaces
at a different time or in a different manner if necessary to meet its financial obligations.
City of Lake Elsinore March 15, 2004
Communily Facilities District No. 2004-1
Page 12