HomeMy WebLinkAboutCC Res 5191 2003-12-08
RESOLUTION NO. ..5l9/
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH TO CONSIDER
ALTERATIONS TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2002-01
(HERON POINTE)
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RECITALS:
WHEREAS, the CITY COUNCIL (the "City Council") of the CITY OF SEAL BEACH
(the "City") has conducted proceedings m accordance with the Mello-Roos Community
Facilitics Act of 1982, as amended, commencmg with Section 53311 of thc Cahfornia
Government Code (the "Act"), for the establishment of the CIty of Scal Beach Community
Facilities District No. 2002-01 (Heron Pointe) (the "District"); and
WHEREAS, the District was cstablished pursuant to Resolul1on No. 5063 of the Clly
Council, adoptcd on Septcmber 23, 2002 (the "Resolution of FOlmation"); and
WHEREAS, thc Rcsolul1on of Fornlal1on, among other tlllngs, prescnbed a rate of
mcthod of apportionment of special tax for the District, as set forth in Exhibit B to the ResolutIOn
of Formation (the "Onginal RMA"), and
WHEREAS, pursuant to Secl10n 53331 of the Act, the City Council, upon making ccrtam
detcrmlllations, is al!thonzed to commence and undertake proceedings to alter the rate and
method of apportlOnmcnt of special tax for the Distnct; and
WHEREAS, a proposed "Amended and Restated Rate and Method Apportionment for
CIty of Seal Beach Community Facihl1cs District No. 2002-01 (Heron Pointe)" (the "Amended
and Restated RMA") is sct forth in Exhibit A attached hereto and IS hereby incorporated by
reference.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The full namc of the District is "City of Seal Beach Community Facilities
District No. 2002-01 (Heron Pointc)."
Section 2. Thc territory included in the District is as shown on the map thereof filed in
Book 85 of the Maps of Assessment and Commumty Facilitics Districts at Page 36, in the oflice
of tile County Recorder of the County of Orangc, California, which map is hcrcby Incorporated
by reference. . .: ~
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Scction 3. The City Council~hereby dctcnnlllcs that public convemence and necessIty
rcquire altcrations be made to the Origi'JaI RMA, such that, after the alterations, the rate and
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method of apportionment of.sl2.C?clal ta,'lf'. the District would read, in its entlrcty, as set forth in
the Amcnded and Restatcd RMP! .">i
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Section 4. A 'i~~~t!5!~ 1he "Hearing") will be held by thc City Council at 7:00
P.M., or as soon thcreafter as pOSSible, on Monday, January 12,2004, at the City of Seal Beach
City Hall Council Chambers, 211 Eighth Street, Scal Bcach, Callfomia, 90740, to conSider and
finally detennine whethcr to submit the questIOn of altering the rate and method of
apportlOlllnent of special tax for tllC Dlstnct as descllbed above to thc qualified electors of the
District.
Section 5. The Clly officer who IS or will be responsible for thc facilltlcs to be financed
by the District, previously caused to be filed a repurt with the City Council containing the
following:
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Resolution Number ~91
(a) A bricf descnption of the facihtics by typc which will in his or her opimon
be reqUired to adequately mect the needs of the District; and
(b) An cstimate of the fair and reasonable cost of financing the facihtles,
including the cost of acquiring land and cascments and any mCldcntal expenses, and including
the costs of the proposed bond financmg and all other related costs, as provided for m Section
53345.3 of the Act. Such City officer IS hcreby directed to cause to be filed with the City
Council a revised leport in connection with the Amended and Restatcd RMA, which IS to be
made part ofthe rccord ofthc Hcaring.
Section 6 TIle City Clerk is hereby directed to publish a notice ("Notice") of the Hearing
pursuant to Section 6061 of the Govenuncnt Codc in a newspapcr of general circulation
published in the area of the proposed Dlstnct. Such Notice shall be substantially in the form
specified in Section 53335 of the Act. Publication of the Notice shall be completed at least 7
days prior to the date 0 f the Hearing,
SectIOn 7. The CIty Clerk IS hereby directed to send a copy ofthc Notice of the Hcaring
by first-class mail, postage prepaid, to each registeled voter amI to each landowner wlthm the
proposed Distnct as shown on the last equalized assessment roll. Mailing of the Noticc shall be
completed at least 15 days prior to the date of the Hearing.
Section 8. At the conclusion of the Hearing should the City Council detennine to submit
the question ofaltermg the rate and method ufapPOltiomnent of special tax for the Distnct to the
qualified electors of the District, the plOposed votmg procedure at the election will be a
landowner vote With each landowner who is the owner of record of land withm the Distnct at the
c1use of the Hearing, or the authorized representative thcrcof, having one vote for each acre or
portion thereof uwned within the Dlstnct. Ballots for the special election may be distributed by
mail with retum postage prepaid or by personal service.
PASSED, APPROVED AND ~PTED by the City C~le Ci,Vfscal Beach at a
mcetmg thcrcof held on the - day of ':1111 , 2003 by the
following votc:
AYES:
CounclhnembCl
NOES:
ABSENT: Cowlcihnembers
ABSTAIN: Councilmembers
~)./Z~
Mayor
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Resolution Number ~~I
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Joanne M. Yeo, City Clerk of thc City of Seal Beach, Califomia, do hereby certify that the
foregoing rcsolution is the original copy of Resolution Numbcr.4l9 / on file in thc office of the
City Clerk, passed, approved lJij~adopted by ~o~~e City ofScal Bcach at a regular
. thereof held on the t!1!: day of. .2003.
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Resolution Number 5/9/
EXHIBIT A
AMENDED AND RESTATED RATE AND METHOD OF
APPORTIONMENT FOR CITY OF SEAL BEACH COMMUNITY
FACILITIES DISTRICT NO. 2002-01
(HERON POINTE)
A Special Tax as hereinafter defined shall bc Icvled on all Assessor's Parcels in thc City of Scal
Beach Community Facilities District No. 2002-01 (Heron Pomte) ("CFD No. 2002-01 ") and
collected each Fiscal Y car commencing in Fiscal Year 2002-03, m an amount determincd by the
City Council of the City of Seal Beach, through the application of the Rate and Method of
Apportiomnent as descnbed below. All of the real property m CFD No. 2002-01, unless
exemptcd by law or by the plOvisions hereof, shall be taxed for the purposes, to the extcnt and in
the manner herein provided.
A. DEFINITIONS
The terms hcremafter sct forth have thc following meanings:
"Acre or Acrcage" means the land arca of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or If the land arca is not shown on an Asscssor's Parcel Map, the
land arca shown on the applicablc final map, parcel map, condominium plan, or other
rccorded County parccl map.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amcnded, being
Chapter 25, Division 2 of Title 5 of the Government Code of the State of California.
"Adnlinistrative Expenses" mcans the following actual or reasonably estimated costs
directly relatcd to the adminisll ation of CFD No. 2002-0 I: the costs of computmg the
Special Taxes and preparing tile lIlmual Spccial Tax collectIOn schedules (whether by the
City or designce thereof or both); tile costs of collecting the Special Taxes (whether by
the County or otherwise); tile costs of n:mitting the Special Taxes to tllC Trustee; the
costs of the Trustee (mcluding its legal counsel) in tile discharge of the dutIes required of
It undcr tile Indenture; the costs to the City, CFD No. 2002-01 or any designcc thereof of
complying With arbitrage rebate requirements; the costs to the City, CFD No. 2002-01 or
any dcsignee thereof of complymg with City, CFD No. 2002-01 or obligated pcrsons
disclosure requiremcnts associatcd With applicable federal and state secunties laws and of
the Act, the costs associated wltll prepaling Special Tax disclosure statements and
lesponding to public inquiries regarding the Special Taxes; the costs of the City, CFD
No. 2002-01 or any designee thcreof related to an appeal of the Special Tax; the costs
associated With the rclcase of funds fi"Oln any cscrow account; and the City's annual
aWnlll1slration fees and tlurd party expenscs. Administrativc Expenses shall also include
amounts estimated or advllllced by the City or CFD No. 2002-01 lor any other
adnllll1strativc purposcs of CFD No. 2002-01, including attorney's fccs and otller costs
related to conllnencing and pursuing to completion any foreclosure of dell1lqucnt Special
Taxes.
"AssessOl"s Parcel" mellllS a lot or parccl shown in 1Il1 Assessor's Parcel Map with lIll
aSSigned Asscssor's parccl numbcr.
"AsscssOl"s Parcel Map" mcans an oflicial map of the County Assessor of the County
dcsignating parcels by Assessor's parcel number.
"Assigncd Special Tax" means the Special Tax for each Land Use Class of Developed
Property, as detennined in accordllllce With Section C below.
"Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of
Developcd Property, as determmcd in accordance With Sccl10n C bclow.
Resolution Number ~?/
"Bonds" means any bonds or other debt (as dcfincd m Section 533I7(d) of the Act),
whether m onc or morc scries, Issued by the City on behalf of CFD No. 2002-01 under
the Act.
"CFD Administrator" means an oflicial of the City, or designec thcrcof, rcsponsiblc for
dctermining the Special Tax Requirement and providmg for the levy wId collection of the
Spcclal Taxes.
"CFD No. 2002-01" mcans the City of Seal Beach Commumty Facilities District No.
2002-01 (Heron Pointe).
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"City" means the City of Seal Beach.
"Council" means the City Council of the City.
"County" means the County of Orange.
"Developed Property" means for each Fiscal Year, all Taxable Property, exeluslve of
Taxable Public Propcrty and Taxable Property Owncr Assoclal1on Property, for which a
building pennit for new construction was issued aftcr January I, 2001 WId prior to
January I of the prior Fiscal Year,
"Fiscal Year" means the pcriod starting July I and ending on the following June 30,
"Indenture" means the indenture, fiscal agcnt agreement, resolution or other mstrument
pursuant to which Bonds are issued, as modified, wllended and/or supplemcnted flOm
tune to time.
"Laud Use Class" meWIS any of the elasses hstcd In Table I below.
"Maximnm Special Tax" meWIS the Maximum Special Tax, determined In accordance
with Section C below, that can be leVied in WIY Fiscal Y car on any Assessor's Parcel.
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"Non-Residential Property" means all Assessors' Parcels of Developed Property for
which a buildmg penmt was issued for a non-reSidential use.
"Outstanding Bouds" means all Bonds which are decmed to be outstanding under the
Indcnture.
"Proportionately" mcans, for Developed Propelty, that the latlo of thc actual Special
Tax levy to thc Assigned Spccial Tax is equal for all Assessors' Parcels of Developed
Property. For Undeveloped Property, "Proportionately" means that thc ratio of the actual
Special Tax levy pcr Acre to the Maximum Spccial Tax per Acre is equal for all
Assessor's Parcels of Undeveloped Property. For Taxable Public Property and Taxable
Property Owner Association Property, "Proportionately" means that the ratio of the actual
Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all
Assessor's Parcels of Taxable Pubhc Property or Taxable Property Owncr Association
Propcrty, as apphcable.
"Propel.ty Owner Association Propel'ty" means, for each Fiscal Year, any property
within the boundaries of CFD No. 2002-01 that was owned by a property owner
association, mclud1l1g any master or sub-association, as of January 1 of the poor Fiscal
Ycar.
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"Public Prope1"ly" means, for each Fiscal Year, WIY property within CFD No. 2002-01
that is owned by, ilTevocably offered for dedication to, or dedicated to the federal
govcrnmcnt, the State, the County, the City or any other public agency as of June 30 of
the pnor Fiscal Year; providcd however that any property Icased by a public agency to a
pnvate entity and subJect to taxatIOn under Section 53340.1 of the Act shall be taxed and
classified m accordance with its use. To cnsure that property IS claSSified as Pubhc
Property In the firsl Fiscal Year after it IS acquired by, irrevocably offered for dedication
to, or dedicated 10 a public agency, the property owner shall nol1fy the CFD
AdmInIstrator in writIng of such acqUISItiOn, offer, or dcdication not later than June 30 of
the Fiscal Ycar in which the acquisition, offer, or dedication occurred.
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Resolution Number ~~I
"Residcntial Flool' Area" means all of thc square footage of living area withm thc
perimcter of a residentIal structurc, not mcluding any carport, walkway, garage,
overhang, patIo, enclosed patIO, or slmllar area Thc dctennination of Rcsldential Floor
Area shall be madc by reference to the building penmt(s) issued for such Assessor's
Parcel.
"Rcsidential Property" means all Assessors' Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more resldentlal
dwelling umts.
"Special Tax" means the spcclal tax to be leVied in each Fiscal Year on each Assessor's
Parccl of Taxable Property to fund the SpeCial Tax Requirement.
"Special Tax RequiJ'emcnt" means that amount required in any Fiscal Year for CFD
No. 2002-01 to: (I) pay debt service on all Outstanding Bonds; (il) pay periodic costs on
the Bonds, mcluding but not limited to, credit enhancement and rebatc payments on the
Bonds; (iii) pay Achmmstrative Expenses; (iv) pay any amounts requlfed to establish or
rcplemsh any reserve funds for all Outstanding Bonds; (v) pay directly for acqUisition or
construction of CFD No. 2002-01 facilihes eligible under the Act; (vi) pay for reasonably
anticipated delinquent Special Taxes based on thc delinquency rate for Special Taxes
leVied in the previous Fiscal Year; less (Vii) a credit for funds availablc to reduce thc
annual Spccial Tax levy, as detenmned by the CFD Admimstrator pursuant to the
Indenture.
"State" means the State ofCallfoffim
"Taxable Property" means all of the Assessor's Parcels withm the boundaries of CFD
No, 2002-01 which are not exempt from the Special Tax pursuant to law or Section E
below.
"Taxable Propcrty Ownel' Association PI'opcrty" means all Assessors' Parcels of
Propelty Owner AssociatIon Property that are not excmpt pursuant to SectIon E bclow.
"TaxabIc Public Property" means all Assessors' Parcels ofPubhc Property that are not
excmpt pursuant to Scction E below.
"Trustce" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
claSSified as Developed Propelty, Taxable Public Property or Taxable Property Owner
ASSOCiation Propcrty.
8. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Propcrty withm CFD No. 2002-01 shall be claSSified as
Developed Property, Taxable Public Property, Taxablc Property Owner Associatlon
Property, or Undcveloped Property, and shall be subject to SpeCial Taxes in accordance
with the rate and method of apportIOnment determined pursuant to Sections C and D
below,
c. MAXIMUM SPECIAL TAX
1.
DcveIoped Property
a. MaXimum Special Tax
The Maximum Spccial Tax for each Asscssor's Parcel classificd as
Developed Property shall be the greater of (i) the amount dcrived by
application of the Assigned Special Tax or (n) the amount derived by
applicahon of the Backup Special Tax.
b. Assigned Spccial Tax
The Fiscal Year 2002-03 Assigned Special Tax for each Land Use Class IS
shown below in Tablc I.
Resolution Number ~19/
TABLE 1
Fiscal Year 2002-03
Assigned Special Taxcs for Developcd Propcl.ty in
Community Facilities District No. 2002-01
(Hcl'on Pointe)
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D~scn~tl(~n Residential Plpor Area Assigncq. Sp~~!ai ;~ax
.- Class'.. :' '" , ,. .
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1 Residential Property ~ 4,000 s f. $5,350 per umt
2 Residential Property 3,750 - 3,999 s.f. $5,078 per unit
3 Residential Property 3,500-3,749 s.f. $4,900 per umt
4 Residential Property < 3,500 s.f: $4,570 per urut
5 Non-Resldenl1al Property NA $41,977 per Acre
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c Backuo Soeclal Tax
The Fiscal Year 2002-03 Backup Special Tax for an Assessor's Parccl of
Developed Property shall equal $41,977 per Acre.
d. Increase m the Assigned Soccial Tax aud Backu1;l Special Tax
, On each July 1, commencing on July 1,2003 and through and including
July 1, 2012, thc ASSigned SpeCial Tax and the Backup Spcclal Tax shall
be increased by an amount equal to two percent (2%) of the amount in
effect for the prevIous Fiscal Year. There will be no increase in the
Assigned Tax or Backup Spccial Tax subsequent to July 1,2012.
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2. Undevelopcd Propcrty, Taxablc Public Pl'opcrty, and TaxabIc Property
Owncr Association Property
a. Maximum Soecial Tax
The Fiscal Year 2002-03 MaXimum SpeCial Tax for Undeveloped
PropClty, Taxable Public Property, and Taxable PlOpcrty Owncr
AssociatIOn Property shall be $47,043 per Acre.
b. Increase m thc Maximum Soecial Tax
On each July 1, commencing on July I, 2003 and through and mcluding
July 1, 2012, the Maximum Special Tax for Undeveloped PlOpcrty,
Taxable Pubhc Property, and Taxable Property Owner Assoclal1on
Propcrty shall be increased by an amount equal to two percent (2%) of the
amount m elTect for the prevIOus Fiscal Year. There will be no mcreasc m
the Maximum Special Tax for Undeveloped Property, Taxable Pubhc
Property, and Taxable Propelty Owner Association Property subsequent to
July 1,2012.
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D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing With Fiscal Year 2002-03 and for each followmg Fiscal Year, the Council
shall detenmne the Special Tax Requirement ar.d shall levy the Special Tax until the
amount of Spcclal Taxes cqual the Spccial Tax Requirement, The SpeCial Tax shall bc
levied each Fiscal Year as' follows.
First: The SpeCial Tax shall be levied ProportIOnately on each Assessor's Parcel of
Developed Property at up to 100% of the applicable Assigned Special Tax;
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Resolution Number 5itJ I
Second: If additlOnalmomes are needed to satisfy the Special Tax Requirement allcr the
first step has been completed, the Spccial Tax shall be levlcd Proportionately on each
Assessor's Parcel of Undevelopcd PlOperty at up to 100% of the MaxImum Special Tax
for Undevelopcd Propcrty;
Thud: If additional monies are nceded to satisfy the Special Tax Requirement after the
first two steps have been completed, then the levy of the Spccial Tax on each Asscssor's
Parcel of Developed Property whose Maximum Special Tax IS detennined through the
apphcation of the Backup SpecIal Tax shall be incrcased 111 cqual pcrcentages from the
Assigned Spccial Tax up to the Maximum Special Tax for each such Assessor's Parcel;
Fourth: If additional monies are needcd to satisfy the SpcciaI Tax Requ}rement aftcr the
first thrce steps have been completed, then thc SpeCial Tax shall be leVIed PropOltionately
on each Asscssor's Parcel of Taxable Property Owner Association Propcrty at up to the
Maximum Special Tax for Taxable Property Owncr Association Propelty; and
FifTh: If additional monies are needed to satisfy thc SpeCial Tax Requirement after the
first four steps have becn complcted, thcn the Special Tax shall be leVied Proportionately
on each Assessor's Parcel of Taxable Public Propcrty at up to the Maximwn SpecIal Tax
for Taxable Public PropClty.
Notwithstanding the abovc, under no circumstances will the Special Tax levicd against
any Assessor's Parcel of ReSIdential Property for which an occupancy permit for pdvate
residential use has been issued be 111creased by more than ten percent as a consequence of
delinquency or default by the owner of any other Asscssor's Parcel wlthm the CFO.
EXEMPTIONS
No Special Tax shall be leVIed on up to 8.07 Acres of Property Owner Association
Property. Tax-exempt status will be irrevocably asslgncd by the CFO Administrator in
the chronological ordcr m which property becomes Propelty Owner Association
Property. However, should an Assessor's Parcel no longer be classified as Property
Owner ASSOCiation Property, ItS tax-exempt status will be revoked. No Pubhc Property
shall be exempt from Special Tax, except as required by law.
Public Property or Property Owner Association Property that is not exempt from Special
Taxes undcr this section shall be subject to the levy of the Special Tax and shall be taxed
Proportionately as part of the fourth or fifth step in Section D above, at up to 100% of the
apphcablc MaXImum Spccial Tax for Taxablc Public Property or Taxable Property
Owner Association Propelty.
F.
APPEALS AND INTERPRETATIONS
Any taxpayer may file a wntten appeal of the Special Tax on his/her property With thc
CFD Admmistrator, prOVided that the appellant is current m Illslher payments of Spcc181
Taxes. Durmg the pendcncy of an appeal, all Special Taxes previously levied must be
paid on or before the payment date established when the levy was made. The appeal
must speCify the reasons why the appellant elalms the calculation of the Special Tax is in
enur, The CFD Administrator shall l'Cvlew the appeal, meet with the appellant if the
CFD Admimstrator dcems necessary, and adVise the appellant of ItS detcnnination. If the
CFO Adnllnlstrator agrecs With the appellant, the CFO Admimstrator shall ehminate or
reducc the Spccial Tax on the appcllant's property alld/or provide a lefund to thc
appellant. If the CFD Administrator dlsagrces WIth the appellant and the appcllant IS
dissatisfied with thc determinatIOn, the appellant thcn has 30 days 111 which to appcal to
the CouncIl by fihng a written notice of appeal With the CIty clerk, provided that the
appellant is current in his/hcr payments of Special Taxcs. The second appeal must
specify thc reasons for ItS disagreemcnt with the CFD Administrator's detcnllinal1on.
G.
MANNER OF COLLECTION
Thc Special Tax will be collccted in thc same manncr and at the same time as ordmary ad
valorem property taxcs; provided, however, that CFD No. 2002-01 may directly bill thc
Spcclal Tax, may collect Spccml Taxes at a difTercnt time or 111 a diffcrcnt manncr if
neccssary to mcct its financial obhgations, and may covenant to foreclose and may
actually foreclose on dehnquent Assessor's Parcels as penllitted by the Act
Resolution Number 519/
II. PREPAYMENT OF SPECIAL TAX
The followmg definition applies to this Section H:
"Clt'D Public Facilitics Cost" means either $3.015 million in 2002 dollars, which shall
mcrease by the Constmction Inflation Index on July 1, 2003, and on each July 1
thereaftcr, or such lower number as (i) shall be detennined by the CFD Administrator as
sufficient to provide the public facilities to be providcd by CFD No. 2002-01 under the
authonzed bonding program for CFD No. 2002-01, or (ii) shall be uetenmncd by the
CounCl! concurrently with a covenant tllat It will not issue any more Bonds to be
supported by Special Taxes Icvled under thiS Rate and Method of ApportiolUuent as
descnbed in Section D.
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"Constl"Uction Fund" means an account spccifically Identified m the Indenture to hold
funds which are currently available for expenditure to acqUire or constmct public
facilities eligible under the Act.
"Constl"Uction Inflation Index" means the annual percentage change m the Emnneenm!
News-Record Building Cost Inuex for the City of Los Angeles, measured as of the
calendar year which ends in the previous Fiscal Year. In the event this mdex ceases to be
publisheu, the Construction Inflation Index shall bc another index as determincd by the
CFD Admmistrator that is reasonably comparable to the Emnneenm! News-Record
BUllumg Cost Index for the City of Los Angelcs,
"Future Facilities Costs" means the CFD Public Facilities Cost mmus (i) public facility
costs previously paid from the Construction Fund, (ii) moneys cun'ently on depOSit m the
Constmctlon Fund, and (Iii) moneys currently on deposit in an escrow fund that are
expected to be available to finance facilities costs.
"Outstanding Bonds" means all Previously Issued Bonds which are decmcd to be
outstanding under the Indenture after the first intcrcst and/or principal payment date
followmg the current Fiscal Year.
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"P.oeviously Issued Bonds" means all Bonus that have been ISSUed by CFD No. 2002-01
pnor to tile date of prepayment.
t. Prepayment in Full
The obligatIon of an AssessOl's Parcel to pay the Spccial Tax may be prepaid and
pcnnanently satisfied as desclibed herein; providcd that a prepayment may be
made only for Assessor's Parcels of Developed Property or Undeveloped Property
for winch a bUlldmg permit has bcen issued, and only If there arc no delinquent
Special Taxes With respect to such Asscssor's Parcel at the time of prepayment.
An owner of an Assessor's Parcelmtending to prepay the SpeCial Tax obligation
shall provide the CFD Administrator With writtcn notice of intent to prepay,
Wlthm 30 days of receIpt of such wnttcn notice, the CFD Administrator shall
notify such owner of the prcpayment amount of such Assessor's Parcel. The CFD
Admmistrator may charge a reasonable fee for providing this servlce.
Prepayment must be made not less than 45 days pnor to the next occuning date
that notice of redcmptlon of Bonds li-om thc procecds of such prepaymcnt may be
given to the Tmstee pursuant to tile Indenturc.
Thc Prepayment Amount (detined below) shall be calculatcd as summanzed
below (capitalizcd tenns as defined below):
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Bond Rcdemption Amount
Redcmption prcmium
Future FacilIties Amount
Deleasance Amount
Administrative Fees and Expenses
Rcservc Fund Credit
Cal>1talized Interest Credit
Prepayment Amount
plus
plus
plus
plus
less
less
Total: equals
Resolution NUmber ~~/
As of the proposed datc ofprepayinent, the Prepayment Amount (defined below)
shall bc calculated as follows:
}>araguph No.:
1. Confinn that no Spccial Tax delinquencies apply to such Assessor's Parcel.
2.
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For Assessor's Parcels of Developed PropClty, compute the Assigncd Special Tax
and Backup Special Tax applicablc for the Assessor's Parcel to be prcpald. For
Assessor's Parcels of Undevelopcd Property (for which a building permit has
been ISSUed) to be prepaid, compute the Assigned Special Tax and Backup
Special Tax for that Assessor's Parcel as though it was already designatcd as
Dcveloped Propelty, based upon the building pelmit which has already been
Issued for that Assessor's Parccl.
3. (a) DlVldc the Assigned Special Tax computed pursuant to paragraph 2 by the
total estimated Assigncd Special Taxes for the entire CFD No. 2002-01 based on
the Developed Propelty Special Taxes which could be charged in thc current
Fiscal Year on all cxpccted development tIu'Ough buildout of CFD No. 2002-0 I,
exeluding any Assessor's Parcels which have bcen prepaid, and
(b) Divide the Backup Special Tax computed pursuant to paragraph 2 by the
esl1mated Backup Spcclal Taxes at bUlldout of CFD No. 2002-01 using the
Backup Special Tax amount for the cunent Fiscal Ycar, exeluding any Assessor's
Parcels which have been prepaid.
4. Multiply the largcr quol1cnt computed pursuant to paragraph 3(a) ur 3(b) by the
Outstandmg Bonds to compute thc amount of Outstandmg Bonds to bc retired and
prepaid (the "Bond Rcdempl10n Amount").
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5.
Multiply thc Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redempl10n prCnllUlll, If any, on the Outstandmg Bonds to be redeemed
(the "Redcmpl1on PremIUm").
6, Compute the current Future Facilil1es Costs
7. Mull1ply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
amount determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future FaCilities Amount").
8, Compute the amount nceded to pay mterest on the Bond Redempl10n Amount
from the first bond intelest andlor prinCipal payment datc followmg the current
Fiscal Year until the earliest redempl10n date for the Outstanding Bonds.
9. Dctenninc the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year which have not yet been paid.
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10.
Compute the minimum amount the CFD Administrator reasonably expects to
denve from the rcinvestment of the Prepayment Amount (as defined below) less
the Future Facihties Amount and the Administrative Fecs and Expenses (as
defined below) from the date of prcpaymcnt un111 tile redemption date for the
Outstanding Bonds to be redeemed with the prepayment.
11.
Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the
amount computed pursuant to paragraph 10 (the "Defeasance Amount").
12. Verify tI1C administrative fees and expenses of CFD No. 2002-01, including the
costs of computal1on of the prepayment, tile costs to mvcst the prepayment
proceeds, tI1C costs of redeeming Bonds, alld the costs ofrecordmg any notices to
cvidcnce the prcpayment and the redemption (the "Administrative Fees and
Expenses").
13. If reserve funds for the Outstanding Bonds, If any, are at or above 100% of the
reservc requirement (as dcfined in the Indenturc) on the prepayment date, a
reserve fund credit shall be calculated as a reductlon in the applicable reserve
Resolution Number ~~/
fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the
"Rescrve Fund Credit'~. No Reserve Fund Credit shall be granted If reserve funds
are below 100% of the rcservc rcquircment.
14.
If any capitalized interest for the Outstanding Bonds wil1not have been expended
at the tune of the first mtcrest and/or principal payment following the current
Fiscal Year, a capitalized mterest credit shall be calculated by multiplying the
larger quoticnt computed pursuant to paragraph 3(a) or 3(b) by the expected
balancc in thc capitalized mtercst fund after such first interest and/or principal
payment (Ole "Capitalized Intcrest Credit"),
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15. The Special Tax prepayment is equal to the sum of Ole anwunts computcd
pursuant to paragraphs 4,5,7, 11 and 12, less the amounts computcd pursuant to
paragraphs 13 and 14 (the "Prepayment Amount").
16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 4,
5, 11, 13 and 14 shall be deposited into the appropriate fund as established under
thc Indenture and be used to retire Outstanding Bonds or make dcbt service
payments. The amount computed pursuant to paragraph 7 shall be depositcd into
the constructIOn fund, The amount computed pursuant to paragraph 12 shall be
retained by CFD No. 2002-01.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the mcrement above $5,000 or integral multiple thereof will be
retamed m thc approprlatc fund established under the Indenture to be used with the next
prepayment of bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax Icvy as detennined
under paragraph 9 (above), the CfD Adnunistrator shall remove the current fiscal Year's
Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to
any Assessor's Parcel that IS prepaid, the Council shall cause a SUItable notice to be
rccorded in compliance with the Act, to indlcatc the prepayment of Special Taxes and the
release of the SpeCial Tax lien on such Assessor's Parcel, and the obligation of such
Assessor's Parcel to pay the Special Tax shall cease.
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Notwithstanding the foregomg, no Spccial Tax prepaymcnt shall be allowed unless the
amount of ASSigned Special Taxes that may be levied on Taxable PlOperty Within CFD
No. 2002-01 both prior to and after the proposcd prcpayment is at least 1.1 times the
maximum annual debt servtce on all Outstandmg Bonds.
2. Prepayment in Part
The Spccial Tax on an Assessor's Parcel of Dcveloped Property or an Assessor's
Parcel of Undeveloped Property for which a building pennit has been issued may
be partially prepaid. The amount of thc plepayment shall bc calculated as In
Secl10n Ii.!; cxccpt that a partial prepaymcnt shall be caIculatcd accOlding to Ole
followmg fOllnula.
PP = PE X F
These terms have the following meamng:
PP=
PE=
F=
the partial prepayment
the Prepayment Amount calculated according to Section H I
thc percentage by which the owner of the Asscssor's l'arcel(s) IS
partIally prepaying the Special Tax
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Thc owncr of any Assessor's l'arcel who dcsires such prepayment shall notify the
CFD Administrator of such owncr's mtent to partially prcpay thc SpeCial Tax and
Ole percentage by which the Special Tax shall be prepaid Thc CFD
Admmlstrator shall provide the owner With a statement of the amount required for
the partial prcpayment of the SpeCial Tax for an Assessor's Parcel Within thirty
(30) days of the rcquest and may charge a I easonable fee for providing this
service. With rcspect to any Assessor's ParccI that is partially plepaid, the City
shall (i) distribute the funds remitted to it according to Section H.I, and (il)
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Resolution Number ~~I
indicate in the records of CFO No. 2002-01 that thele has been a partial
prepayment of the Spcclal Tax and that a portion of thc Special Tax with respect
to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the
remaining Maximum Special Tax, shall continue to be levied on such Assessor's
Parcel pursuant to Section D.
I.
TERM OF SPECIAL TAX
The Special Tax shall be levied for the period necessary to fully satisfy the Special Tax
ReqUirement, but In no event shall It be levlcd after Fiscal Y car 2042-43.
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