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HomeMy WebLinkAboutCC Reso No 2004-24RESOLUTION NO. 2004- 24 RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-1 (CITY CENTER TOWNHOMES) WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "Cit}~') has heYetofore adopted Resolurion No. 2004-18 ("Resolution of Intention") stating its intention to form City of Lake Elsinore Community Facilities District No. 2004-1 (City Center Townhomes) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "AcY'); and WHEREAS, a copy of the Resolution of Intention is on file with the City Clerk and incorporated herein by reference; and WHEREAS, parsuant to td:e Act and in accordance with applicable laws, this Council held a public hearing on the formation of the CFD and the incurring of bonded indebtedness with respect to the CFD; and WIIEREAS, at said hearing all persons not exempt from the Special Tax desiring to be heud on all matters pertaining to the formation of the CFD were heazd and a full and fair hearing was held; and WI-IEREAS, at said hearing evidence was presented to the Boasd on said matters before it, and this Board at the conclusion of said hearing is fully advised in the premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CTI'Y OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Secfion l. Pursuant to Section 53325.1(b) of the Government Code, the Board finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act. Section 2. A community facilities district to be designated "City of Lake Elsinore Community Facilities District No. 2004-1 (City Center Townhomes)" is hereby established pursuant to the Act. Section 3. The descriprion and map of the boundaries of the CFD on file in the Clerk's office and as described in the Resolution of Intention and incorporated herein by reference, shall be the boundaries of the CFD. The map of the proposed boundaries of the CFD has been recorded in the Office of the County Recorder of Rivetside County, Califomia (Book 56 of Maps of Assessment and Community Facilities District at page 27 and as Instnxment No. 2004-0235463). 45439662.2 1 .. .. . . . ~ Section 4. The facilities proposed to be financed by the CFD are public infrastructure facilities and other governmental facilities with an estimated useful life of five years or longer, wluch 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, including but not lnnited to streets, streetscape, storm drain, water and sewer facilities and fees of the Elsinore Valley Municipal Water District and related wsts 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 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 T~") 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 remarke6ng, credit enhancement and liquidity fees, the costs of administering the levy and collection of the Special Taac and all other costs of the levy of the Special Taac and issuance of the bonds, including any foreclosare 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), elecrion 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 taac levy and bond issue. The Special Tax will be secured by recordation of a continuing lien against all non-exempt real property in the CFA In the first year in which such a Special Taa~ is levied, the lery 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 m~nner of collection of the Special Ta7t is described in detail in Exhibit A attached hereto and by this reference incorporated herein. The Special Talc 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 parcel from the Facilities. The Special Taaf is apportioned to each pazcel 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 Taic, the Council shall, on behalf of tlie CFD, increase the levy to the extent necessary upon the remaining property within Yhe CFD which is not delinquent or exempt in order to yield the required payments, subject to the masunum tas. 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 more than 10 percent. Furthermore, the maacimum special ta~c authorized to be levied against any parcel used for private residential puiposes shall not be increased over time in excess of 2 percent per year. Section 6. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy oF the Special Tax shall attach to all nonexempt real property in the CFD, and this lien shall continue in force asas96ez.z 2 , a~~ d~~~~a {~4~,~; and effect until the Special Tax obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases. Section 7. The proposed Special Tax to be levied in the CFD has been precluded by protests by owners of one-half or more of the land in the territory included in the CFD pursuant to Government Code Section 53324. Section 8. Pursuant to and in compliance with the provisions of Govemment Code Section 50075.1, the Boazd hereby establishes the following accountability measures pertaining to the levy hy the CFD of the Special Ta1c: A. Such Special Taac sha11 be levied for the specific purposes set forth herein. B. The proceeds of the levy of such Special Tax shall be applied only to the specific purposes set forth herein. C. The CFD shall establish an account or accounts into which the proceeds of such Special Ta~c shall be deposited. D. The City Manager, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the Council as required pursuant to Government Code Section 500753. Section 9. The City Manager, 130 S. Main Sireet, Lake Elsinore, California 92530, (909) 674-3124, or his designee, is designated to be responsible for preparing or causing to be prepaied annually a cutrent roll of the Special Tax levy obligarions by assessor's parcei number and for estimating future Special Tax levies pursuant to Section 53340.1 of the Government Code. Section 10. The voting procedure with respect to the imposition of the Speciai Tax, incurring bonded indebtedness and establishing an appropriations limit of the CFD shall be by hand delivered ballot election. 454396622 Section ll. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessaty acts to call, hold, canvass and certify an election or elections on the incurring bonded indebtedness, the levy of the Special Tax, and the establishment of the appropriations limit. PASSED, APPROVED AND ADOPTED tlus 27~ti day of Apri 1 , 2004. CITY OF Lt1KE ELSINORE A STi ~~ J` '~'J~. Vicki Kasad, City Clerk APPROVED AS TO Attomey By: 45439662:2 ~ ~ 4 . . _ _ ;~t:. . .. , oc... . STATE OF CALIFORI~IIA ) ) ss. COi.JNTI' 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 27th day of Apri 1 , 2004, and that it was so adopted by the following vote: AYES: GOUNCTLMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NON ABSTAIN: COUNCILMEMBERS: N ~ By: c ` Vicki Kasad, City Clerk 454396b2.2 S EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 45439662.2 .~ ~ - 6 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 Ta~ces in the City of Lake Elsinore ("City") Community Facilities District No. 2004-1(City Center Townhomes) ("CFD No. 2004-1"). An Annual Special Tax shall be levied on and collected in CFD No. 2004-1 each Fiscal Yeaz, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real properly within CFD No. 2004-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land azea is not shown on the Assessor's Parcel Map, the land area as shown on the applicable Final Map, or if the land azea is not shown on the applicable Final Map, the land area shall be calculated by the City Engineec. "Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Tide 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 Ta~ces including the eapenses of collecring delinquencies, the administration of Bonds, the payment of salaiies and benefits of any City employee whose duties axe :directly related to the administration of CFD No. 2004-1 , and costs otherwise incuned in order to carry out the authorized purposes of CFD No. 2004-1 relating to CFD No. 2004-i. "Annual Special Tas" means the Special Tax actually levied in any Fiscal Year on any Assessor's ParceL "Apartment Property" means all Assessor's Parcels of Residential Properry on which one or more Apartment Units are constructed. "Apartinent 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 Mai~ch 15, 2004 ~ Community Facilities District No. 2004-1 . _ ~ ' ""=" - _ "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 officia( map of the Assessor of the County designating parcels by Assessor's Pazcel Number. "Assessor's Parcet Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. "Assigned Annual 5pecial Tax" means the Special Taa{ of that name described in Section D below. "Backup Annual Special Tax" means the Special Tax ofthat name described in Section E below. "Bands" means any obligation to repay a sum of money, including obligations in the form ofbonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-terin contracts, or any refunding thereof, to which Special Ta~ces 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 stmctures not used as living space, as determined by reference to the building permif 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 Taxable Property that: (i) are included in a ~ina1 Map that was recorded prior to the January ls` preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building permit was issued on or before March 15` preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor's Parce(s designated as being exempt from Special Ta~ces as provided for in Section J. '"Fin~l NTap" means a subdivision of properiy by recordation of a final map, parcel map, or lot line adjustment, puisuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or rewrdation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued withaut further subdivision. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. City of Lake Eisinore March I5, 2004 Community Facilities District No. 2004-1 "Maximum Speciat Tax" means the maacimum Special Tasc, 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 peanit was issued for any type of non-residential use. "Partial Prepayment Amount" means the amount required to prepay a portion of the Annual Special Tax obligation 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. "Proportionatety" means that the ratio of the Annual Special TaJC levy to the applicable Assigned Annual Special Tax is equal for 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 TaJC divided by (b) the Backup Annual Special TaJC less the Assigned Annual Special Taac, is equal for all applicable Assessor's Parcels. "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Properiy thatwould othenvise be classified as Exempt Properiy pursuant to the provisions of Section J, but cannot be classified as Exempt Properry because to do so would reduce the Acreage of all Taacable Property below the required minimum Acreage set forth in Section J as applicable. "Res'-dential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Single Family Property" means a11 Assessor's Parcels of Residential Property other than Apartment Properiy. "Single Family Unit" means a residential dwelling unit other than an Apartment Unit. "Special Tax" means any ofthe special ta~ces 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 faciliries authorized by CFD No. 2004-1 provided that the inclusion of such amount does not caase an increase in the levy of Special T~ 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 Maich 15, 2004 Gommunity Facilities District No. 2004-1 ;~ ~ '" '' "Taxable 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 Properiy which are not Developed Property, or Provisional Undeveloped Property. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2004-05, each Assessor's Parcel within CFD No. 2004-1 shall be classified as Tasable Property or Exempt Property. In addition, each Assessor's Parcel of Taicable Properry shall be further classified as Developed Property, Undeveloped Properiy or Provisional Undeveloped Properiy. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Properry or Non-Residential Properry. Lastly, each Assessor's Parcel of Residential Properiy shall further be classified as a Single Family Properry or Agarttnent Properiy, and each Single Family Properiy shall be assigned to its appropriate Assigned Annual Special Tax rate based on its Building Square Footage. SECTION C MAXIMUM SPECIAL TAX 1. Develooed Propertv The Ma~mum Special Tax for each Assessor's Parcel of Residential Properiy or Non- Residential Property that is classified as Developed Propet-ty in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Taac or (ii) the Backup Annual Special Tax. 2. Undevelooed Proaertv and Provisional Undeveloped Propertv The Maacimum Special Tax for each Assessor's Parcel classified as Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shali be the Assigned Annual Special Tax. SECTION D ASSIGNED ANNUAL SPECIAL TAX 1. Develoaed 1'rouertv Each Fiscal Year, each Assessor's Parcel of Single Family Property, Apartment Properly, or Non-Residential Properry shall be subject to an Assigned Annual Special Tax. The Assigned Annual Special Taic applicable to an Assessor's Parcel ofDeveloped Properry for Fiscal Year 20D4-OS shall be determined pursuant to Table 1 below. TABLE 1 City of Lake Elsinore Community Facilities District No. 2004-1 March 15, 2004 , ASSIGNED ANNUAL SPECIAL TAX RATES FOR DEVELOPED PROPERTY FOR FISCAL YEAR 2004-OS Land Use T e Buildin S uare Foota e Rate ResidentialPro e Lessthan1000 $1,182 erUnit 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. 3: Undevelooed Propertv and Provisional Undeveloped Propertv Each Fiscal Year, each Assessor's Parcel of Undeveloped Property 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 Undeve(oped Properiy and Provisional Undeveloped Property for Fiscal Year 2004-OS shall be $18,957 per Acre. Increase in the Assiened Annual Special Tag On each 7uly 1, commencing July 1, 2005, the Assigned Special Ta~c rate for Developed Property, Undeveloped Properly 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 rime a Final Map is recorded, the Backup Annual Special Tax for all Assessor's Parcels of Developed Properiy classified or reasonably expected to be classified as a Single Family Propetty within such Final Map area shall be determined by (i) summing the product of (a) the Masrimum Sp~cial Tax rate for Undeveloped Property by (b) the total Acreage of Taacable Properry of each Assessor's Parcel in such Final Map area, excluding Acreage classified asProvisional Undeveloped Ptoperty and any Acreage reasonably expected to be classified as Exempt Property in such Final Map area, and (ii) dividing the results in (i) by the total number of Single Family Units reasonably expected to be constructed within such Final Map area. The iesulting quotient shall be the Backup Annnal Special Tax foc each Assessor's Parcel of Developed Property within such Final Map area. The Backup Annual Special Tax for all Assessor's Parcels ofDeveloped Properry classified as Non- Residential Properiy oi Apartment Properry shall be the Maximum Special Tax rate for Undeveloped Property. . City o£Lake Elsinore Community Facilities District No. 2004-1 March 15, 2004 , ,e ~ . , ;: ' IfaFinal Map includes Assessor's Parcels ofDeveloped Properiy which are classified orreasonably expected to be classified as Single Family Properry and Non-Residential Properry or Apartment Property, then the Backup Annual Special Ta~c for each Assessor's Parcel which is classified or reasonably expected to be classified as Single Family Property shall be computed exclusive of the allocable portion oftotal Acreage attsibutable to Assessor's Parcels classified or reasonably expected to be classified as Non-Residential Property or Apartment Property. Notwifhstanding the foregoing, if Assessor's Parcels of Developed Property which are classified or to be classified as either Single Family Property, Apartment Property or Non-Residential Property are subsequently changed of modified by recordation of a lot line adjustment or similar instrument, then the Backup Annua( Special Taac 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 Juty 1, 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. SECT'ION F METHOD OF APPORTIONiVIENT OF THE ANNUAL SP~CIAL TAX Commencing Fiscal Year 2004-OS and for each subsequent Fiscal Year, the City Council shall levy Annuat Special Taxes on all Taxable Property in accordance with the following steps: Step One: The Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Pcoperiy at up to 100% of the applicable Assigned Annual Special Tax rates in Table 1 to satisfy the Special Ta1c Requirement Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been.completed, the Annuat Special Ta~c shall be levied Proportionately on each Assessor's Parcel 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: If additional moneys are needed to satisfy the Special Taac Requirement after the first two steps have been wmpleted, then the Annual Special Tax on each Assessor's Pazcel of Developed Properiy whose Maximum Special Ta~c is the Backup Annual Special Tax shall be increased Proportionately from the Assigned Annuai Special Tax up to 100% of the Backup Annual Special Tax as needed to satisfy the Special T~ Requirement. Step Four: If additional moneys are needed to satisfy the Special Tu~ Requirement after the first thiee steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Properey up to 100% of the Assigned Annual Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. Gity ofLakeBisinore Macch 15, 2004 - Community Facilities District No. 2004-1 '` M "' ;° _,~< ~_~ _ :; SECTION G PREPAYMENT OF ANNUAL SPECIAL TAX The following definitions apply to this Section G: "CFD Public Facilities" means $2,335,683 expressed in 2004 dollars, which shail increase by the Construction Inflation Index on July 1, 2005, and on each 7uly 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 concunently with a covenant that it will not issue any more Bonds to be supported by Special T~es levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identiFied in the Indenture or funcrionally equivalent to hold funds, which are currentiy available for expenditure to acquire or construct public facilities eligible under CFD No. 2004-1. "Construction Intlation Indeg" 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 Construcrion Inflarion Index shall be another index as determined by the City tfiat is reasonably comparable to the Engineering News-Recoid 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 constnzction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest eamings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Ta~ces 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 ptepayments of Ma~cimum Special Taaces. The Special Taac obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of IJndeveloped 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 rime the Special Taz~ 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 tlnnual Special Ta~c 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 incurred by CFD No. 2004-1 in calcularing the proper amount of a prepayment. wthin 15 days of receipt of such non-refundable deposit, the City shall notify such owner of the Piepayment Amount of such Assessor's Parcel. _ City of Lake Elsinore Community Facilities District No. 2004-1 March 15, 2004 The Piepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Cost plus Administrative Fee less Reserve Fund Credit 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 appticable to the Assessor's Parcel. For an Assessor's Parcel of Undeveloped Properry, compute the Assigned Annual Special Ta~c as though is was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped Property compute the Assigned Annual Special Tax for that Assessor's Parcel. 2. For each Assessor's Parcel of Developed Properry, Undeveloped Properry or Pcovisional Undeveloped Properiy to be prepaid, divide the Assigned Annual Special Tax computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Assigned Annual Special Taic applicable to all Assessor's Parcels of Taacable Property at buildout, as reasonably determined by the City. Mulriply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds. The product shall be the "Bond Redemption Amount". 4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the "Redemption Premium.° 5. Compute the Future Faciliries Cost. 6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5. to detennine the Future Facilities Cost to be prepaid (the "Future Faciliries Amount"). 7. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount unril the earliest call date for the Outstanding Bonds. City of Lake Elsinore March 15, 2004 Corittnan~ty Facilities Disttiet No. 2004-1 (~ ~.r °~ ~~ ,~, ~~ n'~, w -- ^ 8. Estimate the amount of interest earnings 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 P~epayment 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 reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, ifthe reserve fund requirement is satisfied by a surety bond or other inshument at the time of the prepayment, then no Reserve Fund Credit shail 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 Reseroe 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 Construction Fund. The amount computed pursuant to pazagraph 10 shall be retained by CFD No. 2004-1. Withrespect to Special Ta1c 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 Tas obligarion and shall cause a suitable notice to be recorded in compliance with the Act within thirry (30) days ofreceipt of snch prepayment to indicate the prepayment of the Special Tax obligafion and tke release of the Special Taac lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such Special Taxes shall cease. Nofivithstanding the foregoing, no prepayment will be allowed unless the amount of Special Ta~c that may be levied on Taxable Properiy, net of Administrative Expenses, shall be at least 1. i times the regularly scheduled annua( interest and principal payments on all cunently Outstanding BondS in each futiure Fiscal Year. City of Lake Elsinore March 15, 2004 ~ ` CommuniTy Faciliries District No. 2004-1 SECTION H PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX The Special TaY 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 of Provisional Undeveloped Property, as calculated in this Section H. below, may be partially prepaid, provided that there are no delinquent Special Taxes, penalries, 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 Taac obligation. A= the Administrative Fees and Expenses calculated according to Section G. With respect ta any Assessoc'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 Special Tax obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax obligation, to indicate the partial prepayment of the Special Taac obligation and the partial release of the Special Tax (ien on such Assessor's Parcel, and the obligation of such Assessor's Parcet to pay such prepaid portion of the Special Tax shall cease. Notwithstanding the foregoing, no partial prepayment wil( be allowed unless the amount of Special Taac that may be levied on TaJCable Properry after such partial prepayment, net of Administrative Expenses, shall be aYleast 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION I TERIVIINATION OF SPECIAL TAX Foi each Fiscal Year that any Bonds are outstanding the tlnnual Special Taz~ 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 Tas may be levied to Gity af Lake Elsinore March 15, 2004 Community Faciliries District No. 2004-1 _ p, 2 ~ ,r the extettt necessary to reimburse CFD No. 2004-1 for uncoliected Annual Special Ta~ces associated with the levy of such Annual Special Taaces, but not later than the 2042-43 Fiscal Year. SECTION J EXENII'TIONS The City sha11 classify as Exempt Properiy (i) Assessor's Parcels which are owned by, irrevocably offeie$ for dedication, encumbered by or restricted in use by the State of California, 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 determined by the Ciry Council, (iv) Assessor's Pazcels which are privately owned and are encumbered by orrestricted 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 organizatioq or (vi) Assessor's Parcels which are owned by, inevocably 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 Propeity if such classification would reduce the sum of all Taacable Properry to less than 13.43 Acres. Assessoc's Parcels which cannot be classified as Exempt Properiy because such classification would reduce the Acreage of all Taacable Property to less than 13.43 Acres will be classified as Piovisional Undeveloped Pioperty, and will be subject to Special Taxes pursuant to Step Five in Secrion F. At such time an Assessor's Parcel must be classified as Provisional Developed Property, the following hierazchy shall be used to determine which Assessor's Parcel will be tased to ensure that the Taxable Property 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 Parcel 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 Sia~th, an Assessor's Parcel as designated in (i) above 5ECTION K APPEALS Any property owner claiming that the amount or application of the Speciai Tax is not coriect may file a written notice of appeal with the City Council not later than twelve months after having paid fhe first installment ofthe Special Tas that is disputed. A representative(s) of CFD No. 2004-1 shall promptly review the appeal, and if necessary, meet with the properiy owner, consider written and oral evidence regarding the amount of the Special Ta~c, and rule on the appeal. If the representative's decision requires that the Special Ta3c for an Assessor's Parcel be modified or ehanged iri favor of the properry owner, a cash refund shall not be made (except fot the last yeaz of Ciry ofLakeElsinore March 15~~1~4~, ' „~ .~~ : Gommunity Faeilities District No. 2004-1 `- , `.:;. y _ . . . ` '~~,r_ ' _ levy), but an adjustment shall be made to the Annual Special Tas on that Assessor's Parcel in the subsequent Fiscal Year(s). SECTION L MANNER OF COLLECTION The Annual Special T~ shall be collected in the same manner and at the same time as ordinary ad vadorem properiy taaces, provided, however, that CF`D No. 2004-1 may collect Annual Special Taxes at a different rime or in a different manner if necessary to meet its financial obligations. City of Lake Elsinore March 15, 2004 Conimuniry Faciliries District No. 20Q4-1 ~ ~ - °. ~~x- ~ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 27`h of April, 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: AB5ENT: COUNCILMEMBERS: ABS AIN: COUNCILMEMBERS: ~ ~~ VIC~AD CMC CITY CLERK/ ~ , HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF ffiVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2004-24 of said Council, and that the same has not been amended or repealed. DA . June 2, 2004 ~ ~.~r ~-cx~` VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)