HomeMy WebLinkAboutCC Reso No 2004-70RESOLUTION NO. 2004 - 70 .
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE TO ESTABLISH CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERENIT~
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "Cit}~')
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 appiopriations 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 conshuction
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 CTTY 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 faciliries 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 attached hereto as Exhibit
A, and now on file in the office of the Clerk entitled "Proposed Boundary of City of Lake
Elsinore Community Facilities District No. 2005-1 (Serenity)," 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 endarse 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 adoprion 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. 2005-1 (Serenity)."
Section 3. T'he facilities proposed to be financed by the CFD are public infrashucture
facilities and other governmental facilities with an estnnated 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, including but not limited to streets, streetscape, sidewalk, curb and
gutter, fraffic signal, traffic signing and shiping, park, open space, landscaping improvements,
dry utility improvements, storm drain, water and sewer facilities, City fees and fees of the
45542916.2
~f ~ ~_
Elsinore Valley Municipal Water District, and related costs 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 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 Tas") 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 remazketing, 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 Tas and issuance
of the bonds, including any foreclosure proceedings, architectural, engineering, inspection, legal,
fiscal, and financial consultant fees, discount fees, capitalized interest not to exceed two years,
election costs and all costs of issuance of the bonds, including, but not limited to, fees for bond
counsel, disclosute 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 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 Taac is
described in detail in Exhibit B attached hereto and by this reference incorporated herein. The
Special Taac 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 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 Councii shalt, 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 tas. Under no circumstances, however, shall the,Special Taa~ 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 masimum Special tax authorized to be levied against any parcel used for private residential
purposes shall not be increased over rime in excess of 2 percent per yeaz.
Section 5. The Council hereby finds that the proposed Facilities aze necessary to
meet increased demands put upon the City as a result of the new development or rehabilitation
within the proposed CFD.
Secrion 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 January 25, 2005,
at 7:00 p.m., or as soon thereafter as practicable, at the chambers of the Council, 183 North Main
Street, Lake Elsinore, California 92530.
45542916.2 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 for 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 Aearing, file a report with the Council, and which is to
be made a part of the recard 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 evaluafions of such facilities, all costs associated with the creation of the CFD,
issuance of bonds, detennination of the amount of any special taxes, collection of any special
taxes, or costs ofhenvise incurred in order to carry out the authorized purposes of the City with
iespect fo the CFD, and any other expenses incidental to the construction, completion and
inspection of the authorized work to be paid through the proposed financing.
Secfion 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 taac should fail, and to repay all of such funds advanced if the levy of the Special Taac
shall 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 Govemment 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.
Sectionll: 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.
Sectionl2. 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 instnunent or document, to tender to the City 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 par and credit to be given far the
accrued interest shown thereby computed to the date of tender.
455429162 3
Section 13. The voting procedure with respect to the establishment of the CFD and the
imposition of the special taac shall be by hand delivered ballot election.
PASSED, APPROVED AND ADOPTED this 14th day of December. , 2004.
CITY OF LAKE ELSINORE
By:
Tit]
AT ST:
~
City Clerk of the City of Lake Elsinore
A55429162 . - 4 ~ _ ~ ,. ..
APPROVED AS TO FORM:
STATE OF CALIFOI2NIA )
) ss.
COUNTY OF RIVERSIDE )
I, Vicki Kasad, City Clerk of the City of Lake Elsinare, 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 14th day of December , 2004, and that it was so adopted by the
following vote:
AYES: COUNCILMEMAERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMAERS: NON
ABSTAIN: COUNCILMEMAERS: C /~
ll
. $y; ,~o~i~..
City Clerk of the City of Lake Elsinore
~455429162 ~ ~ . ~ ~ . ~ . . '
EXHIBIT A
BOUNDARY MAP
. . ~455429t62 ~ ~ . . ~- - --" ~ ..
PROPOSED BOUNDARY OF
COMMUNITY FACILITIES DISTRICT No. 2005-1
OF THE CITY OF LAKE ELSINORE
(SERENITY)
COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA
APN: 370-120-004 370-415-006
370-120-014 370-415-007
370-120-050 370-475-008
370-120-052 37D-415-W9
370-120-056 370-415-010
370-415-Ofl
370-415-072
370-412-027 370-415-073
370-415-074
370-415-015
FlLEU M hIE OfflCE d' TfE qTY tliRK OF iHE pTY OF IAI(E EL9NORE iH15 nAY OF _T004.
qiY CLFRK OF lNE pll' OF W(E EL9NORE
1 HER~T CEHIIFY 1HAT 1HE WININ MAP SHONINC THE PRQ^OSEp BqNlOAPoES OF lHE GRY OF IJXE ELAHQ4E
C011MUNITY FAql111E5 qSIRICi N0. Z005-1 (SQtENITYJ QIY OF LAI(E EIISNORE COUNTY OF flIVERSlOE STA1E
Q~ GU1FORflU WAS APPROVED BY TIE pTT Cq1HpL OF T1E LYTY OF fANE ELqNORE RT A fiEWLAFLY StlfEDUfID YF£i1NC
IHEREtS, HEI- Qi 1HE _ DAY OF 10pfi BY fI5 RESOLUIIq1 Na
QiY affRlt UF lHE dtt aF UNE EY9NORE
FlLED IINS _ ~AY OF 1D04. AT THE HWR OF O'QDGL.M. IN BQML OF MAPS
OF A5~411ENi ANO CONIIIINITY GAGlfll6 OLSIRILIS PM.E NOS`1WtWpl AS WSIRIIYENT NO
M TIE OfFlCE G)HE COIINT' REWFOER IN 1HE CWNtt OF W VEF90E SiA1E OF CqlffIXt!-A.
GYNINTY RECOROFH OF IHE COUNTY OF PoY£R90E F£E S_
~ PROPOSED 60UNDARY MAP ~
SCALE: 1'=200'
NEFFRfNCE 1HE RIYERSDE COUNiY ASSESSORS NMS
FOR A OETAIfID DFSCItIPTON OF PMCF1 lIH6 MID 0.'NfNSIXlS
Community FflcillUee Dletrict No. 2005-1
of tLa Clty of Laka Elalnore
(Serenity)
COONRY OP HN8B~8, CAl1Po@ifA
~eet I OP t
~ .. ~ ~ HARRIS k ASSOCIATES
. N FuwMw Poh, Sup~ 150
IrAu. G 9R61~
(919) b55-]900 ~ fW. (949) 655-d995
NqNIT' MAP
NO SCALE
~
01SIIdCi B.A'IND~RY
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
~455429162
EXHIBIT D
RATE AND METHOD OF APPORTIONMENT FOR
COMMU1vITY FACILITIES DISTRICT NO. 2005-1
OF THE CITY OF LAKE ELSINORE
(SERENITI~
The following sets forth the Rate and Method of Apportionment for e levy and collection of
Special Taxes in the City of Lake Elsinore ("City") Community F District No. 2005-1
(Serenity) ("CFD No. 2005-1 "). An Annual Special Tax shall be le ' on and collected in CFD No.
2005-1 each Fiscal Year, in an amount determined through the a, ca f the Rate and Method of
Apportionxnent described below. All of the real property withi ~ FD No ,~5-1, unless exempted
by law or by the provisions hereof, shall be taxed for the ~ e to the e and in the manner
herein provided. ~' "
SECTION A
The terms hereinafter set forth haue the
"Annual Special Tax" means the Special Taac actually levied in any Fiscal Year on any Assessor's
Parcel.
"Assessor's Parcel° means a lot or parcel of land designated on an Assessor's Parcel Map with an
assigned Assessor's Pazcel Number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels
by Assessor's Parcel Number.
"Assessor's Parcel Number" means that number assigned to an Assessor's Parcel bythe County fot
purposes of identification.
City of Lake Elsinore _._-December 3, 2004
Cotnmunity Facilities District No. 2005-1 Page 1
"Assigned Annuai Speeial Tax" means the Special Tax ofthat name described in Section D below.
"Backup Annual Special Tax" means the Special Tax of that name described in Section E below.
"Bonds" means any obligation to repay a sum of money, including obligations in the form ofbonds,
notes, certificates of participation, long-term leases, loans from govemment agencies, or loans from
banks, other fmancial institutions, private businesses, or individuals, or long-term contracts, or any
refunding thereof, to which Special Taxes within CFD No. 2005-1 have~een pledged.
"Building Square Footage" or "BSF" means the square footage
exclusive of gazages or other structures not used as living space~4
building permit application for such Assessor's Parcel.
"Calendar Year" means the period commencing
December 31.
"CFD No. 2005-i" means CommunityFacilities
the Act.
"City Council" means the City Council c
Body of CFD No. 2005-1, or its designee.
"County" means the
internal living space,
d by reference to the
yeaz and ~~ig the Following
City under
as the Legislative
"Developed Property" ns all ` essor's Pard~s of Taxable Property for which a building
permit was issued on or beftir ~ arch receding th ~ oal Year in which the Special Tax is being
levied. __ ~ __ ~ ~~,,,._
"Exempt P.~'ierty" me . Asse _'s Parcels designated as being exempt from Special Taaces
as provi in Section J.
"Fiscal Year" means the period commencing on July 1 of any yeaz and ending the following June
30.
"Lot" means all the Assessors Pazcels for which a building permit has or may be issued for the
purposes of conshucting a residential dwelling unit.
"Maximum Special Tas" means the maacimum Special Taac, determined in accordance with Section
C, that can be levied by CFD No. 2005-1 in any Fiscal Year on any Assessor's Pazcel.
"Non-Residentiat Property" means all Assessor's Pazcels of Developed Property for which a
building permit was issued for any type of non-residential use.
City of Lake Elsinore Aecember 3, 2004
Community Facilities District No. 2005-1 Page 2
"Partial Prepayment Amoun£' 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 Taac obligarion in
full for an Assessor's Parcel, as described in Section G.
"Proportionately" means that the ratio of the Annual Special T~ lery to the applicable Assigned
Annual Special Taac is equal for all applicable Assessor's Parcels. In the c e ofDeveloped Property
subject to the apportioninent of the Annual Special Tax unde three of Section F,
"Proportionatel}~' in step three means that the quotient of (a) Annu ecial Taac less the Assigned
Annual Special Taac divided by (b) the Backup Annual Special T~ e~ : Assigned Annual Special
Taac, is equal for all applicable Assessor's Parcels. ;,
"Provisional Undeveloped Property" means all .
otherwise be classified as Exempt Property pursu
classified as Exempt Properiy because to do so w~
below the required minimum Acreage set forth in
"Residential Property" means all As:
permit has been issued for purposes of
"Special Tax" means any of the special taxes
to the Act.
"Special Tax Requir
service or the periodic
such Fiscal Year, (ii ~
from an escro
such amoun£~ ~s not cause
forth in step tw • ection F.,
costs on the Bon suant
agreement.
"Taxable Property"
Property.
ab eriythatwould
iecti : u cannot be
of all e Properry
'Deve Property for which a building
or more nfal dwelling units.
CFD No. 2005-1 pursuant
amount re=uired in any Fiscal Year to pay: (i) the debt
ding Bonds e"in the Calendar Year that commences in
vns~ iii e costs associated with the release of funds
it req > r- to establish or replenish any reserve funds
the s, and (v) the collection or accumulation of funds for the
~iliries - ' ed by CFD No. 2005-1 provided that the inclusion of
an lrease i_ e levy of Special T~ on Undeveloped Properiy as set
1 (vi) any amounts available to pay debt seroice or other periodic
to ~ y applicable bond indenture, fiscal agent agreement, or hust
11 Assessor's Parcels within CFD No. 2005-1, which aze not Exempt
"Undeveloped Property" means all Assessor's Pazcels of Taxable Property which are not
Developed Property, or Provisional Undeveloped Property.
City of Lake Elsinore December 3, 2004
Community Facilities District No. 2005-1 ,_ Page 3
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2005-06, each Assessor's Parcel within CFD No.
2005-1 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's
Parcel of Taxable Property shall be further classified as Developed Properiy, Undeveloped Properiy
or Provisional Undeveloped Property. In addition, each Assessor's Pazcel of Developed Property
shall fiuther be classified as Residential Property or Non-Residential Property, Lastly, each
Assessor's Parcel of Residential Property shall be assigned to its app . riate Assigned Annual
Special Tax rate based on its Building Square Footage.
SECTION C
MAXIMUM SPECI~
1. Developed Propertv
The Maximum Special Taac for each Assessor's~
Residential Property that is classifi~as Developed
greater of (i) the Assigned Annual . ~'~a
2. Undevelooed Prooertv and Provisio 1
1.
Tax or (ii)
Year
Residential Prbperiy or Non-
in any Fiscal Year shall be the
~kup Annual Special Tax.
fied as Undeveloped Properiy, or
be the Assigned Annual Special
rD
SPECIAL TAX
Each Fisca , each - ssessor's Pazcel of Residential Property or Non-Residential
Property shall je an Assigned Annual Special Tax. The Assigned Aiuiual Special
Taac applicable to sessor's Parcel of Developed Property for Fiscal Yeaz 2005-06 shall
be determined nuxs ant to Table 1 below.
City of Lake Elsinore December 3, 2004
Community Facilities District No. 2005-1 Page 4
TABLE 1
ASSIGNED ANNUAL SPECIAL TAX RATES
FOR DEVELOPED PROPERTY
FOR FISCAL YEAR 2005-06
Classification Buildin S uare Foota e Rate
Residential Less than 1,801 $1,946 erUnit
Residential 1,801 - 2,050 ~2,125 per Unit
Residential ~ 2,051 - 2,300 $2,598 per Unit
Residential ~ 2,301 - 2,550 ~, ~, ~ 0 per Unit
SECTION E
ANNUAL SPECIAL TAX
At the time a Final Map is recorded, the Backup Annual Special Tas for all Lots within such Final
Map azea shall be determined by dividing (a) the product of the Ma~cimum Special Tax rate for
Undeveloped Property and the total Acreage of all L,ots in such Final Map area, by (b) the total
number of Lots within such Final Map area. The resulting quorient shall be the Backup Annual
Special Tax for each I,ot within such Final Map area.
The Backup Annual Special Tax for all Assessor's Parcels ofDeveloped Property classified as Non-
Residential Properry shall be the Maacimum Special Taac rate for Undeveloped Property multiplied by
the Acreage of such Assessor's Parcel.
City of Lake Elsinore ~~ _ D~cember 3, 2004
Community Facilities District No. 2005-1 . Page 5
If a Final Map inciudes Assessor's Parcels of Developed Properly which are classified or reasonably
expected to be classified as Residential Property and Non-Residential Property, then the Backup
Annual Special Tas for each Assessor's Parcel which is classified or reasonably expected to be
classified as Residential Properiy shall be computed exclusive of the allocable portion of total
Acreage ariributable to Assessor's Parcels classified or reasonably expected to be classified as Non-
Residential Property.
Notwithstanding the foregoing, if one or more Lots within a recorded Final Map are subsequently
changed or modified by recordation of a lot line adjustment or similar in ent, then the aggregate
Backup Special Tax applicable to such changed Lots shall be reallocaY a anner consistent with
the first paragraph of this section among such changed I,ots so e cumulative total of the
Backup Special Talc generated by such changed Lots equals t um 've total of such Backup
Special Taac that would have been generated by such change~.o if such ge did not take place.
On each July 1, commencing July 1, 2006, the Back
two percent (2.00%) of the amount in effect in the
METHOD OF
Proportionately on each Assessor's Parcel of
e~pplicable Assigned Annual Special Tax
Step Twa ~. one}~'s needed to atisfy the Special Tax Requirement after the first
step has be~ • plet e Annual Special Taac shall be levied Proportionately on
ach Assessar cel o neveloped Property up to 100% ofthe Assigned Annual
ecial Tax app le to~ch such Assessor's Pazcel as needed to satisfythe Special
Step Three: If addit m ys aze needed to satisfy the Special Tax Requirement after the first
two steps een completed, then the Annual Special Ta~c on each Assessor's
Parcel of I~ sidential Property whose Masunuxn Special Taac is the Backup Annual
Special Tas shall be increased Proportionately from the Assigned Annual Special
Taac up to 100% of the Backup Annual Special Tas as needed to satisfy the Special
Taac Requirement.
Step Four: If additional moneys aze needed to satisfythe Special Tas Requirement after the first
three steps have been completed, the Annual Special Taac shall be levied
Proportionately on each Assessor's Parcel ofProvisional Undeveloped Property up to
100% of the Assigned Annual Special Taac applicable to each such Assessor's Pazcel
as needed to satisfy the Special Taac Requirement.
City of Lake Elsinore December 3, 2004
Community Facilities Disirict No. 2005-1 Page 6
SECTION G
PREPAYMENT OF ANNUAL SPECIAL TAX
The following definitions apply to this Section G:
"CFD Public Facilities" means $7,500,000 expressed in 2005 dollazs, which shall increase by the
Construction Inflation Index on July 1, 2006, and on each July 1 thereaft r such lower amount (i)
determined by the City Council as sufficient to provide the public f iti smunder the authorized
bonding program for CFD No. 2005-1 , or (ii) determined by the ~~ ~ouncil concurrently with a
covenant that it will not issue any more Bonds to be supporte a Sp ' Taaces levied under this
Rate and Method of Apportionxnent.
"Construction Fund" means an account specificall. entified in the Inden - or functionally
equivalent to hold funds, which are currently availa ` expen e to acquire o t~vct public
facilities eligible under CFD No. 2005-1.
ange in the Engineering News-
the calendaz year which ends
ibli : e Construcrion Inflation
is r onably comparable to the
s minus public facility costs available to
or funded by the Outstanding Bonds, and
; Construcrion Fund actually earned prior
"Outsta ' Bonds" me previ 'ssued Bonds issued and secured by the levy of Special
Taaces w ic remain outst ~g afte e first interest and/or principal payment date following
the current Fis ar, excludi ond to be redeemed at a later date with the proceeds of prior
prepayments of um Spec' Taxes.
The Special Tas obligat Assessor's Parcel ofDeveloped Properiy, or an Assessor's Parcel of
Undeveloped Property for 'ch 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 Taac 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 Taac 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. 2005-1 in calculating the proper amount of a prepayment. Within
City of Lake Elsinore December 3, 2004
Community Facilities District No. 2005-1 ` Page 7
15 days ofreceipt of such non-refundable deposit, the City shall notify such owner ofthe Prepayment
Amount of such Assessor's Parcel.
The Prepayment Amount for each applicable Assessor's Pazcel shall be calculated accarding 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 Amo all be calculated as
~yerty, comput~e Assigned
~r's Parcel. For an Assessor's
Assigned Annual Special Tas
ed Property based upon the
r that Assessor's Pazcel.
oped Property compute the
or's Parcel.
Multiply quot~ent computed pursuant to paragraph 2 by the Outstanding
~onds. T roduct shall be the "Bond Redemption AmounY'.
4. '. ~~ the Bond Redemption Amount by the applicable redemption
pre , 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 deternune the Future Facilities Cost to
be prepaid (the "Future Facilities AmounY').
City of Lake Elsinore December 3, 2004
Community Facilities District No. 2005-1 . Page 8
7. Compute the amount needed to pay interest on the Bond Redemption Amount
to be redeemed with the proceeds ofthe Prepayment Amount until the earliest
call date for the Outstanding Bonds.
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
computed pursuant to paragraph 7. This diffe
10. Estimate the administrarive fees
prepayment, including the costs of c
the costs of redeeming Bonds, a~
evidence the prepayment
"Administrative Fee."
11. Calculate the "Reserve Fund Cre
reduction in the ann'~icable reserve
8 from the amount
"Defeasance Cost."
associated with the
o ~~ '~ repayment Amount,
of re ' g any notices to
redemption. T ount is the
the lesser oE (a) the expected
ents, if any, associated with the
Zds as a re f the prepayment, or (b) the
new rese uirements in effect after
a res ofthe prepayment from the
serv ~~ s on the prepayment date.
if the res, tve fund requirement is satisfied by
ent at the time of the prepayment, then no
' ~#~u.en. Notwithstanding the foregoing, the
~~vent be less than 0.
Amount is equal to the suxn of the Bond Redemption
° fion Premium, the Future Facilities Amount, the
and t~dministrative Fee, less the Reserve Fund Credit.
the payment Amount, the amounts computed pursuant to pazagraphs
9, 11 shall be deposited into the appropriate fund as established
bond indenture and used to retire Outstanding Bonds or make debt
,e payments. The amount computed pursuant to paragraph 6 shall be
~ited into the Construction Fund. The amount computed pursuant to
paragraph 10 shall be retained by CFD No. 2005-1.
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. 2005-1 that there has been a prepayment ofthe 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 prepayment to indicate the prepayment of the Special Tax obligation and
the release of the Special Tas lien on such Assessor's Parcel, and the obligation of such Assessor's
Parcel to pay such Special Taaces shall cease.
City of Lake Elsinore December 3, 2004
Community Facilities District No. 2005-1 Page 9
Notwithstanding the foregoing no prepayment will be allowed unless the amount of Special Taac that
may be levied on Taxable Property, net of Administrative Expenses, shall be at least 11 times the
regularly scheduled annual interest and principal payments on all currently Outstand'mg Bonds in
each future Fiscal Year.
SECTION H
PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX
The Special Tax obligation of an Assessor's Parcel ofDeveloped Pro , or a~ii Assessor's Pazcel of
Undeveloped Property for which a building permit has been issue~ ' pected to be issued, or and
Assessor's Parcel of Provisional Undeveloped Property, as cal ted i~' Section H. below, may
be partially prepaid, provided that there are no delinque p ial Ta enalties, ar interest
charges outstanding with respect to such Assessor's P~ a e time the 'al Taac obligation
would be prepaid. ,~
The Partial Prepayment Amount shall be calculated
PP ~,~ -A)x F)+A
The terms above have the foll~ ~ngs:
PP = the Parti repayxnent
P~ = the P~~~~ • Amount ca ~ ated ~acca~ ing to Se~
E= t rcent b ich the o of the Assessor's Par
t~ e'. ial Ta bligation.
A= the A r.:'Stra~~ es and E nses calculated aa
With respect - y ' Pares at is partia~ly prepaid, the City Council shall indicate in the
records of. ' No. 2005- ther be a partial prepayment of the Special Tas obligation
and shal suitable noti be rec ~ d in compliance with the Act within thirty (30) days of
receipt of suc • 'al prepayme .~~ f the ecial Taac obligafion, to indicate the partial prepayment of
the Special Ta1c rion and r artial release of the Special Talc lien on such Assessor's Pazcel,
and the obligati on h Asse r's Parcel to pay such prepaid portion of the Special Tax shall
cease. ~
Notwithstanding the foregm""'mg, no partial prepayment will be allowed unless the amount of Special
Taac that may be levied on Taxable Properiy after such partial prepayment, net of Administrative
Expenses, shall be at least l.l rimes 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 Yeaz that any Bonds are outstanding the Annual Special Taac shall be levied on all
Assessor's Pazcels subject to the Annual Special Tax. If any delinquent Annual Special Ta~ces
City of Lake Elsinore December 3, 2004
Community Facilities District No. 2005-1 - - Page 10
remain uncollected prior to or after all Bonds aze retired, the Annual Special Tax may be levied to
the extent necessary to reimburse CFD No. 2005-1 for uncollected Annual Special Taxes associated
with the levy of such Annual Special Taxes, but not later than the 2043-44 Fiscal Year.
SECTION J
EXEMPTIONS
The City shall classify as Exempt Property (i) Assessor's Pucels which.~
offered for dedication, encumbered by or restricted in use by the State.a~
local governments, including school districts, (ii) Assessor's Pars~,e -, hi
worship and aze exempt from ad valorem properry taaces bec~ t
organization, (iii) Assessor's Parcels which aze owned b i~evocab
encumbered by or restricted in use by a homeowners' asso ' ) Asse;
or utility easements making impractical their utilizatio or other than the
easement, (v) Assessor's Pazcels which are privat ed an~
solely for public uses, or (vi) other types of public uses rmin
that no such classification would reduce the sum of all T
Notwithstanding the above, the City Coun, . all not
Property if such classification would reduce t
Assessor's Parcels which cannot be classified xe
reduce the Acreage of all Tasable Property to le h
Undeveloped Properly, and~,~i'f,~~~bject to Sp ' :
Any prop rowner clair.
file a '• 'ce of ap~
thefirstinstal ofthe
promptly review pe
oral evidence reear
decision requires that tl
property owner, a cash
shall be made to the ~
owned by, irrevocably
~irnia, Federal or other
i are used as places of
owned by a religious
ered for dedication,
azcels with public
urpa - set forth in the
ibere restricted
the City Co • il, provided
tv to less th 34.08 Acres.
~ssessor's Pazcel as Exempt
to less than 34.08 Acres.
e such classification would
'1 be classified as Provisional
to step four in Section F.
th un or application of the Special Tax is not correct may
the ouncil not later than twelve months after having paid
'ax th is disputed. A representative(s) of CFD No. 2005-1 shall
~necessary, meet with the property owner, consider written and
of the Special Tax, and rule on the appeal. Ifthe representative's
aac for an Assessor's Pazcel be modified or changed in favor of the
not be made (except for the last year of levy), but an adjushnent
l Taac on that Assessor's Parcel in the subsequent Fiscal Year(s):
SECTION L
MANNER OF COLLECTION
The Annual Special Tas shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes, provided, however, that CFD No. 2005-1 may collect Annual Special Tases
at a different time or in a different manner if necessary to meet its fmancial obligations.
City of Lake Elsinore December 3, 2004
Community Facilities District No. 2005-1 Page 11