Loading...
HomeMy WebLinkAboutCC Res 5049 2002-08-12 RESOLUTION NO.~ RESOLUTION OF INTENTION OF TIlE CITY COUNCIL OF THE CITY OF SEAL BEACH TO ESTABLISH CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-01 (IIERON POINTE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-01 (HERON POINTE) RECITALS: I WHEREAS, the CITY COUNCIL (the "City Council") of the CITY OF SEAL BEACH (the "City") deSires to undertake proceedings to establish a community facilities dIstrict pursuant to the Mello-Roos Community Facllities Act of 1982, as amended, commencing with Section 533 I I ofthe Cahfomta Government Code (the "Act"), to finance pubhc facihties to serve the area ofland hereinafter described, and WHEREAS, there Jlas been submitted to the City Council a petition ofWL Homes, LLC, a Delaware Limited Liability Corporal1on (the "Landowner") reqllesting the formal1on by this City Councll of a community facthl1es district pursllant to the Act, and WHEREAS, the Act authorizes the City Council to estabhsh a community facilities district and to levy special taxes within that dtstrict. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section I. Intention. The City Council hereby declares its intention to conduct proceedings for the fonnation ofa community facilities dlstnct under the terms of the Act. Secl10n 2. Name of District. The name of the proposed community facilil1es dIstrict IS I "City of Seal Beach Community Facllities DIstrict No. 2002-01 (Heron Pointe)" (the "DIstrict"). SectIOn 3. Boundaries of District. The exterior boundaries of the District are shown on that certain map now on file in the office of the City Clerk entitled "Proposed Boundanes of CIty of Seal Beach Community Facilities District No. 2002-01 (Heron Pointe)," which map indicates by a boundary line the extent of the temtory included in the proposed DIstrict and shall govern for all details as to the extent of the District. On the onglnal and one copy ofsllch map, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map In her office and, within 15 days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed m the records of the County Recorder, County of Orange, State of California, and in any event this map shall be filed no later than 15 days before the public hearing speCIfied In Section 7 below. Section 4. Facilities. The type of Pllblic facilities proposed to be provided wlthm the District and to be financed under the Act shall consist of those facllities set f0l1h on ExhIbit "A," attached hereto and incorporated herein by reference (the "Facilities"). The CIty Council hereby finds that the proposed Faclhties arc necessary to meet increased demands placed upon tile CIty as a result of development occurring in the Dlstnct. The Facilities may be acqUIred from one or more property owners as completed public facilities pursuant to Section 53314.9 of the Act and/or constructed with District funds pursuant to Section 53316.2 of the Act. The cost of the Facilities shall include incidental expenses, as defined in Exhibit "A" and may include I reImbursement of money advanced by the owner of property within the District to pay development fees charged by the city and used by the CIty to finance Improvements. Section 5. Special Tax. a. Except where funds are otherwIse available to pay for the Facllities and/or the principal and interest as it becomes due on bonds of the DIstrict issued to finance the Facilities, tt is the intention of the City Council to levy annually in accordance with procedures contained in I I I Resolution Number ~ the Act a special tax (the "Special Tax") WIthin the DIstrict sufficient to pay for the costs thereof, including incidental expenses. The Special Tax will be secured by recordation of a continuing lien against all non-exempt real property in the District and will be collected in the same manner as ordinary ad valorem property taxcs are collected, or in such other manner as may be provided by the City Council including, WIthout limitation, direct billing of the affected property owner, and shall be subject to the same penalties, procedure, sale and lien priority in case of delinquency as applicable for ad valorem property taxes. 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 Distnct pursuant to Section 53314 of the Act and interest thereon. b, The proposed rate and method of apportionment of the SpecIal Tax (the "Rate and Method") among parcels of real property In the District, in sufficient detatl to allow each resident or landowner within the proposed District to estimate the maximum amount such resident or owner will have to pay, is shown In Exhibit "B," attached hereto and incorporated herein by reference. TIle Special Tax IS based on the expected demand that each parcel of real property within the proposed Districf wtll place on the Facihtles and on the benefit that each parcel derives from the right to access the Facilities The CIty Council hereby determines the rate and method of apportionment of the Special Tax set forth in Exhibit "B" for the District to be reasonable. The obligation to pay the SpecIal Tax may be prepaid as set forth in Exhibit "B". c. In the case of any Special Tax to pay for the Facilihes to be levied against any parcel used for private residential purposes: (i) the maximum SpecIal Tax shall be speCIfied as a dollar amount which shall be calclllated and thereby established not later than the date on which the parcellS first subject to the tax becallse of ItS use for pnvate residential purposes and which amount shall not be Increased over hme over two percent per year; (i1) the tax year after whIch no further Special Tax subject to this sentence shall be levied or collected shall be as set forth in Exhtbit "B" hereto; and (ill) under no circumstances will the Special Tax levied agamst any parcel subJect to this sentence be Increased as a consequence of delinquency or default by the owner of any other parcel within the District by more than ten percent. For the purposes hereof, a parcel is used for "private residential purposes" not later than the date on whIch an occupancy permit for privafe residential use is issued. Section 6. Bonds. It IS the intent of the City Council, acting as the legIslative body of the 'Distnct, to cause bonds to be issued under the Act on behalf of the Distnct to finance, In whole or in part, the acquiSItion and/or construction of the Facllities. Bonds will be In the aggregate principal amount of not to exceed $5,000,000, at a maximum Interest rate not in excess of twelve percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued, and the tenn of the bonds of each series shall not exceed thIrty-one years from the date of issuance of such series of bonds or such longer term as is then permitted by law. Section 7. Heanng. A public heanng (the "Hearing") on the establishment of the District, the extent of the District, the furnishing of specIfied types of public facllihes within the District, and the proposed rate and method ofapportlOnment ofthe Special Tax shall be held on September 23,2002, at 7:00 p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Seal Beach, 211 Eighth Street, Seal Beach, California 90740. At the Hearing, any Inferested person or taxpayer, including all persons owning lands or registered to vote within the proposed Distnct, may appear and be heard Section 8. Reoort, The City officer who is or will be responsible for the Facilities to be financed by the District, if it is established, is hereby directcd to study the proposed DIstrict and, at or before the tllne of the above-mentioned Hearing, file, or cause to be filed, a report WIth the City Council, which IS to be made a part of the record of the Hearing, containing the following: . (a) a bnef description,ofthe,Facihhes by type which will in his or her opinIOn be reqUIred to adequately meet the needs 01\ the District; and ~~ "t-' \' '." \ :4 ,'.' ~it'_.. ''V'. (b) an estimate of the' fair and reasoIl!lble cost of financing the Facihties, includmg the cost of acquiring land and ea~ill.ents and any incidental expenses, and including the costs of the . ....... f .~. ,/ - ...t"M.-- Resolution Number ~ proposed bond financing and all other related costs, as provided for in Secl10n 53345.3 of the Act. Section 9, Advances. The City may accept advances of funds or work in-kind from any source, including, but not limited to, private persons or private entities, and is authorized and directed to use such funds or that work in-kind for any authOlized purpose, including, but not hmited to, paying any cost incurred by the City in creating the Distnct. The City may enter mto an agreement with the person or entity advancing the funds or work-m-kind, to repay all or a portIOn of the funds advanced, or to reimburse the person or entity for the value, or cost, I whichever is less, of the work-m-kind, as determined by the CIty Council, with or without interest. Section 10. Published Notice. The City Clerk IS hereby directcd to publish a nol1ce ("Nol1ce") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed DIstrict. Such Notice shall be substantially in the form specified in Section 53222 of the Act. Publical10n of the Notice shall be completed at least 7 days pnor to the date of the Hearing Secl10n 11. Mailed Notice The City Clerk is hereby directed to send a copy of the Notice of the Heanng by first-class mail, postage prepaid, to each registered voter and to each landowner within the proposed District as shown on the last equalized assessment roll. Mailing of the Notice shall be completed at least 15 days pnor to the date of the Heanng. SectIOn 12. Voting. Should the City Council detennine to form the District, a special election WIll be held within the District to authorize the Issuance of bonds and the levy of the Special Tax in accordance with the procedures contained in Section 53326 of the Act. Ifheld, the proposed voting procedure at the election will be a landowner vote with each landowner who IS the owner of record ofland within the District at the close of the Hearing, or the authorized represental1ve thereof, having one vote for each acre or portion thcreof owned within the Dlstnct. Ballots for the special electIOn may be dtstnbuted by mail with return postage prepaId or by personal service. I Section 13, Tender of Bonds. Except to the extent limited in any bond resolution or trust indenture related to the issuance of bonds, the City CouncIl hereby reserves to itself all rights and powers set forth in Section 53344.1 ofthc Act (relating to tenders of bonds m full or partIal payment of any installment of the special tax or the interest or penalties thereon which may be due or delinqllent). ABSENT: Council Membe Co=ilM=b=~ councIIMembers~' - D by the CIty Council of the City of Seal 2002 by the followm vote: PASSED, /~VED A Beach thtS -day of - AYES. NOES: ~~ Mayor I L Resolution Number ~~ I STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, CIty Clerk of the CIty of Seal Beach, Cahfomla, ~~~ certify tllat the foregomg ResolutIon IS the ongmal copy of Resolution Number on file m the office of the CIty Clerk, passed, approved, ~j1<19Pted by t 'ty Counc' of the City of Seal Beach at a meeting thereof held on the ~ day of ,2002. I I Resolution NUmber ~ EXHIBIT "A" DESCRIPTION OF FACILITIES The cost of the facilities shall mclude incidental expenses, including the costs assoCIated with forming the District, issuance of bonds, determination of the amount of the SpecIal Tax, collection of the Special Tax, costs incurred m order to carry out the authorized purposes of the District, any other expenses, incidental to the construction, completion and mspectlon of the authorized work and the attributable costs of engineering and inspection. The facilIties shall be constructed, whether or not acqulfed in their completed states, pursuant to plans and specifications approved by the City and the officIals thereof. FaClhties Public improvements with a useful hfe of not less than five years including (i) street, sidewalk, street hght, traffic signal, drainage, signage medIan and appurtenant Improvements to Seal Beach Boulevard, Aldolpho Lopez Drive, and Heron Pointe, including, but not limited to, relocation of existing overhead utlhties lines and construction ofjoint trench m furtherance of public safety, (Ii) water and sanitary improvements serving real property within the DIstrict, including, but not limited to, a sewer hft station, (iii) dry utility improvements and burd vaults serving the District, (iv) improvements to Gum Grove Park, including, but not limited to, landscaping and access improvements, (v) landscape improvements along Seal Beach Boulevard, (VI) sewer, water, park, stonn drain, and transportation Improvements to be funded through development fees charged by the CIty of Seal Beach in connection with the development of real property within the District. I I I I I I EXHIBIT "B" Resolution Number f);;'#1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX RATE AND METHOD OF APPORTIONMENT FOR CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-1 (HERON POINTE) A Special Tax as heremafter defmed shall be levied on all Assessor's Parcels 10 the City of Seal Beach CommuOlty Pactlities District No 2002-1 (Heron Pomte) ("CFD No. 2002-1 ") and collected each Plscal Year commencmg 10 FIscal Year 2002-03, 10 an amount determIned by the City Council of the City of Seal Beach, through the apphcatlon of the Rate and Method of ApportIOnment as descnbed below All of the real property 10 CFD No. 2002-1, unless exempted by law or by the provIsIOns hereof, shall be taxed for the purposes, to the extent and in the manner herem proVided. A. DEFINITIONS The terms heremafter set forth have the followmg mean lOgs: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the apphcable fmal map, parcel map, condolfllOlum plan, or other recorded County parcel map. "Act" means tile MelIo-Roos Community Paclilties Act of 1982, as amended, bemg Chapter 2.5, DIVISIOn 2 of TItle 5 of the Government Code of the State of Cahfomla. "Administrative Expenses" means the folIowmg actual or reasonably estimated costs dIrectly related to the admlOlstratlOn ofCFD No. 2002-1: the costs of computing the Special Taxes and prepanng the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of colIectmg the Special Taxes (whether by the County or otherwIse); the costs of remlttmg the SpecIal Taxes to the Trustee; the costs of the Trustee (mcludmg ItS legal counsel) 10 the discharge of the duties required of It under the Indenture; the costs to the City, CPD No. 2002-1 or any deSignee thereof of complymg wIth arbitrage rebate reqUlremel]ts; the costs to tile City, CFD No. 2002-1 or any deSignee thereof of complymg WIth City, CFD No. 2002-1 or obhgated persons dIsclosure reqUIrements associated wltll applIcable federal and state secuntIes laws and of the Act, the costs assocIated WIth preparing SpeCial Tax dIsclosure statements and respondmg to pubhc mqumes regarding the Special Taxes; the costs of the City, CFD No. 2002-1 or any desIgnee thereof related to an appeal of the SpecIal Tax; the costs associated with the release offllnds from any escrow account; and the City's annual administration fees and thIrd party expenses. Admmlstratlve Expenses shall also mclude amounts estimated or advanced by the City or CFD No. 2002-1 for any other admmlstrattve purposes of CFD No. 2002-1, mcludmg attorney's fees and other costs related to commencmg and pursumg to completion any foreclosure of delInquent Spectal Taxes. "Assessor's Parcel" means a lot or parcel shown 10 an Assessor's Parcel Map WIth an assigned Assessor's parcel number. "Assessor's Parcel Map" means an offtcial map of the County Assessor of the County deslgnatmg parcels by Assessor's parcel number. "Assigned Special Tax" means the Spectal Tax for each Land Use Class of Developed Property, as determmed 10 accordance WIth Section C below. "Backup Special Tax" means the SpeCIal Tax apphcable to each Assessor's Parcel of Developed Property, as determmed 10 accordance WIth Section C below. "Bonds" means any bonds or other debt (as defmed 10 Section 53317(d) of the Act), whether 10 one or more senes, issued by the CIty on behalf of CFD No 2002-1 under the Act. Resolution Number ~ "CFD Administrator" means an offlctal of the CIty, or desIgnee thereof, responstble for determining the Special Tax Requirement and provldin'g for the levy and collectIOn of the Special Taxes. "CFD No. 2002-1" means the Clly of Seal Beach Commumty Facilities Dlstnct No. 2002-1 (Heron POlnte). "City" means the Ctty of Seal Beach. "Council" means the City Councll of the Clly. I "County" means the County of Orange. "Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner ASSOCiatIOn Property, for which a bUIlding permIt for new construction was issued after January I, 200 I and prior to January I of the pnor FIscal Year. "Fiscal Year" means the period starting July 1 and ending on the follOWing June 30. "Indenture" means the mdenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are Issued, as modified, amended and/or supplemented from ltme to time "Land Use Class" means any of the classes listed In Table I below. "Maximum Special Tax" means the Maximum Special Tax, determined in accordance with SectIOn C below, that can be leVied In any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a bulIdlng permit was issued for a non-residential use. I' "Outstanding Bonds" means all Bonds wlllch are deemed to be outstanding under tile Indenture. "Proportionately" means, for Developed Property, that the ratio of the actual SpeCIal Tax levy to the ASSigned SpeCial Tax IS equal for all Assessor's Parcels of Developed Property For Undeveloped 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 Undeveloped Property. For Taxable Publtc Property and Taxable Property Owner Association Property, "Proportionately" means that the ratio of the actllal Special Tax levy per Acre to the MaXImum Special Tax per Acre IS equal for all Assessor's Parcels of Taxable Public Property or Taxable Property Owner Association Property, as applicable. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundanes of CFD No. 2002-1 that was owned by a property owner aSSOCiation, Including any master or sub-aSSOCiatIon, as of January 1 of the pnor FIscal Year "Public Property" means, for each FIscal Year, any property Within CFD No 2002-1 that IS owned by, Irrevocably offered for dedication to, or dedicated to the federal government, the State,the County, the City or any otherpubhc agency as of June 30 of the pnorFlscal Year; provided however that any property leased by a public agency to a pnvate entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classtfled In accordance Wtth ItS use. To ensure that property IS clasSified as Publtc Property m the first FIscal Year after It IS acqUIred by, Irrevocably offered for dedication to, or dedicated to a publtc agency, the property owner shall nottfy the CFD Administrator In wntlng of such acqUISItion, offer, or dedication not later than June 30 of the Ftscal Year In which the acquISItIOn, offer, or dedication occurred. I I I I Resolu'tion Number ~ "Residential Floor Area" means all of the square footage of living area wlthm tile perimeter of a reSidential structure, not includmg any carport, walkway, gamge, overllang, patio, enclosed patio, or smular area. The determmatlon of ResIdential Floor Area shall be made by reference to the bUlldmg penrut(s) tssued for such Assessor's Parcel "Residential Property" means all Assessor's Parcels of Developed Property for whIch a bUlldmg permIt has been issued for purposes of constructing one or more reSIdential dwelhng units. "Special Tax" means the special tax to be leVIed 10 each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the SpecIal Tax Requirement. "Special Tax Requirement" means that amount required 10 any Ftscal Year for CFD No. 2002-1 to' (i) pay debt service on all Outstandmg Bonds; (n) pay penodlc costs on the Bonds, mcludmg but not hmited to, credIt enhancement and rebate payments on the Bonds; (ni) pay Admmlstratlve Expenses; (IV) pay any amounts required to establish or replenish any reserve funds for all Outstandmg Bonds; (v) pay dIrectly for acquiSItion or constructIOn of CFD No. 2002-1 faclhties eligible under the Act; (VI) pay for reasonably antiCipated dehnquent SpecIal Taxes based on the dehnquency rate for Spectal Taxes leVIed in the prevtous FIscal Year; less (vii) a credIt for funds available to reduce the annual Special Tax levy, as determined by the CFD Admmlstrator pursuant to the Indenture. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels wlthm the boundanes of CFD No. 2002-1 whIch are not exempt from the SpeCial Tax pursuant to law or Section E below. "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner ASSOCiatIOn Property that are not exempt pursuant to Section E below. "Taxable Public Property" means all Assessor's Parcels of Pubhc Property that are not exempt pursuant to SectIOn E below. "Trustee" means the trustee or fIscal agent IInder the Indenture. "Undeveloped Property" means, for each FIscal Year, all Taxable Property not claSSIfIed as Developed Property, Taxable Pubhc Property or Taxable Property Owner Assoctation Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each FIscal Year, all Taxable Property wlthm CFD No. 2002-1 shall be classifIed as Developed Property, Taxable Pubhc Property, Taxable Property Owner ASSOCIatIOn Property, or Undeveloped Property, and shall be subject to Special Taxes 10 accordance wItIl the rate and method of apportIOnment determmed pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX 1. Developed Property a. Maximum Soeclal Tax The MaXImum Special Tax for each Assessor's Parcel classifIed as Developed Property shall be the greater of (I) the amount denved by application of the Assigned Spectal Tax or (ii) the amount denved by apphcatlOn of tile Backup SpeCial Tax. b. Assigned Soeclal Tax The FIscal Year 2002-03 Asstgned SpecIal Tax for each Land Use Class IS sllown below 10 Table 1. Resolution Number 6!/!j TABLE I ~~",:,,-;J~:t,~ ,,~U(jl \~,,"'.:.r. J''':'''l ....:.:tt'ht:.)',.:tl~\,"!.. 1~:5 'i (..."",,;,~ '':'';-'''"i~~~'''''t . ... ........,t .~t. ~~? ~ ~ . ~anallu. e . J '." 'I ;. I' _.~ ,- 1 -' -.. -.- I' ", *' 'l,.c! r ""l ~ .... . 8 " r~"'1!/'1" ';,"~.'~ ,,~.i".....l ....'I J ",-"1:,\1". . ','V" ,t""If."~ CR"~'cfi irainFI" · f{fd ... ~,..,. ". ,:..JJ,~. :i C'!ti,:~ I~ ':."".f/\At,t .,,~Io'r..~.' .r" f~escrjBtion '-" Jj. l' i ,- eSI n . oor a ;~i<\:S$rgq)l:1:Spcciiil~'Fai~- ,"~Gll'a~sl f~' ..... \10.... r .... " ~ ..." . "" ,.~ ~"..\(v::.jI.~ ")I" ~' r. '" 1"{." ;'.'... 'Iit'-I -:'fii:~ ~ . t .,.... -I' ~.., 'J' ~ t.I.':-~l~I'"",~;'I,,1 ~ ~J"iiJI ~ "'... '.....:,. :.tJi \\l...."CO. ...~" "'lit.'.'" \" "',,/. (0\ .r.. ..." ..~."I 1,''I'1''''1~ "'.'\o....L '. ..,ll' R' ,... I ,_, II JIl.! 1 Residential Property ~ 4,000 sJ $5,350 per Ulllt 2 Residential Property 3,750 - 3,999 s f $5,078 per Ulllt 3 Resldenl1al Property 3,500 - 3,749 sJ. $4,900 per IInit 4 Resldenl1al Property < 3,500 s f $4,570 per Ulllt 5 Non-ResIdenl1al PlOperty NA $41,977 per Acre Fiscal Year 2002-03 Assigned Special Taxes Cor Developed Property in Community Facilities Dist1"ict No. 2002.1 (Heron Pointe) I c. Backup Special Tax The Fiscal Year 2002-03 Backup SpecIal Tax for an Assessor's Parcel or Developed Property shall equal $41,977 per Acre. d. Increase In tile ASSigned SpecIal Tax and Backup SpecJaI Tax On each July 1, commencing on JlIly 1, 2003, the Assigned SpecIal Tax and I the Backup Special Tax shall be Increased by an amount equal to two percent (2%) of the amount In effect for the prevlOlls Ftscal Year. 2. Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property a Maximum SpecJaI Tax Tile Fiscal Year 2002-03 Maximum SpecIal Tax ror Undeveloped Propelty, Taxable PllblIc Property, and Taxable Property Owner AssocJation PlOperty shall be $47,043 per Acre. b Increase In the Maximum SpecIal Tax On each July 1, commencing on JlIly 1, 2003, tile MaXimum SpecIal Tax for Undeveloped Propelty, Taxable PublIc Property, and Taxable PlOpeIty Owner AssociatIOn Property sllall be mcreased by an amount equal to two percent (2%) of the amount m effect ror the prevlOlls Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing WIth Fiscal Year 2002-03 and for each following Fiscal Year, the Council shall I determine the Special Tax Requirement and shall levy the SpecIal Tax IIntIl the amollnt of SpecIal Taxes equal the SpecIal Tax ReqllIrement. The Special Tax shall be leVied eaclI Fiscal Year as follows: First. TIle Special Tax shall be leVied Proportionately on each Assessor's PaIcel or Developed Property at up to 100% of the applicable "ASSIgned Spectal Tax; Second. If additIonal momes are needed to satIsfy tile SpecIal Tax ReqUIrement after tile first step lias been completed, the Spectal Tax sllall be leVied PropOIlJonately Oil eacll I I I Resolution Number ~ Assessor's Parcel of Undeveloped Property at up to 100% of tile Maxlmllm Special Tax for Undeveloped Propetty; Thtrd' If addll10nal monies are needed to satIsfy the SpecJaI Tax ReqUIrement after the first two steps have been completed. then the levy of the Special Tax on each Assessor's Parcel of Developed Property whose MaXimum Spectal Tax IS determmed tllrough the apphcatlon 01 tile Backllp SpecIal TaJl shall be mcreased m equal percentages from tile Assigned Special Tax up to tile Maximum SpecJaI Tax for each such Assessor's Parcel, Fourtll: If additional mOnIes are needed to satisfy tile Special Tax ReqUIrement after the fllst three steps have been completed, then the Special Tax shall be leVied PlOportlOnalely on eacll Assessor's Parcel of Taxable Property Owner ASSOClal1on Property at lip to the MaXimum SpecIal Tax for Taxable Property Owner ASSOCiatIOn Property; and Fifth' If additional mOnIes are needed to satisfy the Special Tax ReqUIrement after the first four steps have been completed, then tile SpecIal Tax shall be levted ProportIOnately on each Assessor's Parcel of TaJlable Pubhc Property at up to the MaXimum SpeCial TaJl forTaxable Pllbhc Property. Notwlthstandmg tile above, lindeI' no circumstances will the Specml Tax leVied agamst any Assessor's Parcel of ResidentJaI Property for wlllcll an occupancy permit for pllvate resldenl1al use lias been Isslled be mcreased by more than ten percent as a consequence of dehnquency or default by tile owner of any otller Assessor's Parcel wltllm the CFD. E. EXEMPTIONS No Special Tax shall be leVied on up to 6 2 Acres of Property Owner ASSOCIatIOn Propetty Tax-exempt status will be Irrevocably assIgned by the CFD AdminIstrator in the chronologICal order m which property becomes Property Owner ASSOCiation Property However, shollld an Assessor's Parcel no longer be classified as Property Owner Assoclal1on Property, its tax-exempt status wtll be revoked No Pubhc PlOperty sllall be exempt from Special Tax, except as reqUIred by law. Pubhc Property or Property Owner Association Property that IS not exempt from Specml Taxes IInder thIS sectIOn shall be sllbJectto the levy of the SpeCIal Tax and shall be taxed PlOportJOnalely as part of the fOUlth or fifth step m SectIon D above, at up to 100% of the apphcable MaXimum Special Tax for Taxable Public Property or Taxable Property Owner ASSOCiation Propelty. F. APPEALS AND INTERPRETATIONS Any taJlpayer may file a wntten appeal of the Special Tax on his/her property with the CFD Admmlstrator, proVided that the appellant IS CUll-ent m hlslher payments of Specllll Taxes. Dilling the pendency of an appeal, all Specml Taxes prevIOusly leVied mllst be paid on or before tile payment date established wilen the levy was made. The appeal must speCify the reasons why the appellant claIms the calclllal10n of the SpeCial Tax is in error. The CFD AdminIstrator shall revtew the appeal, meet With the appellanllf the CFD Admmlstrator deems necessary, and adVise the appellant of Its determmal1on. If tile CFD Admllllstrator agrees wttll tile appellant, the CFD Admmlstrator shall ellmmate or l-edllce tile Specml Tax on the appellant's property andlOl prOVIde a l-efund to tile appellant If the CFD Admmlstrator disagrees wtth the appellant and the appellant IS dissatisfied wltll tile determmatlOn, tile appellantlllen has 30 days m which to appeal to the CounCIl by tIling a wllllen notice of appeal wltll tile CIty clerk, proVIded tllat the appellant IS CUll-ent m his/lieI' payments of SpeCial Taxes. The second appeal must speCIfy the reasons for ItS disagreement wltll tile CFD Admmlstrator's determmatlOn. Resolution NUmber ~ G. MANNER OF COLLECTION Tile SpecIal Tax Will be collected m the same manner and at the same lime as ordmary ad \'alorem property taxes, provided, however, that CFD No. 2002-1 may directly bill tile Special Tax, may collect Spectal Taxes at a dIfferent tIme or m a different manner If necessary to meet Its fmancIaI obhgatlOns, and may covenant to foreclose and may actually foreclose on dehnquent Assessor's Parcels as pelmttted by tile Act. H. PREPAYMENT OJ? SPECIAL TAX I Tile followmg defmltlon apphes to this SectIOn H. "CFD Public Facilities Cost" means either $3 015 mtlhon m 2002 dollars, which sllall mcrease by tile Construction Inflalion Index on July I, 2003, and on each JlIly Itllereafter, or such lower nllmber as (i) shall be determmed by the CFD Admmistrator as sllffictent to provide the pubhc faclhlIes to be provtded by CFD No. 2002-1 under tile authonzed bondl11g program for CFD No. 2002-1, or (Ii) shall be determined by the Council concllrrently wllh a covenant that it Will not Issue any more Bonds to be supported by SpeCial Taxes levied undet thIs Rate and Method of Apportionment as descnbed m Seclton D' "Construction Fund" means an accollnt speCifically IdenlIfled in tile Indenture to 1I01d funds wlllcll are cllrrently aVUllable for expenditure to acqulle or constmct pubhc faClhl1es ehglble under the Act "Construction Inflation Index" means tile annual percentage change in the Emnneenng News-Record BlIlldmg Cost Index for the City of Las Angeles, measured as of the calendar year which ends 111 the prevIous FIscal Year. In the event this mdex ceases to be pubhshed, the Construclton Inflation Index shall be another index as determined by tile CFD Admimstrator tllatls reasonably comparable to the Engineenng News-Record BUlldmg Cost Index for tile City of Los Angeles. "Future Facilities Costs" means the CFD Public FacllllIes Cost mmus (i) pubhc faclhty costs prevIOusly pUld from the ConslIuction Fund, (11) moneys currently on deposll m the ConstruclIon Fund, and (Ill) moneys currently on depostlm an escrow fund tllat are expected to be available to fmance faclhtles costs I "Outstanding Bonds" means all Previously Isslled Bonds whIch are deemed to be outstandmg under the Indenture after the first mterest and/or pnnclpal payment date followmg tile current Fiscal Year. "Previously Issued Bonds" means all Bonds that have been Issued by CFD No 2002-1 priOl to tile date of prepayment 1. Prepayment in FilII Thc obligation of an Assessor's Parcel to pay the SpeCIal Tax may be prepaId and permanently salIsfled as descnbed herem; provided that a prepayment may be made only for Assessor's Parcels of Developed Property or Undeveloped Property for wlltcll a buildmg pelmlt has been Issued, and only If there are no dehnqllent Special Taxes With respect to suclI Assessor's Parcel at tile lime of prepayment An owner of an Assessor's Parcel mtendmg to prepay the Specllll Tax obhgalIon sllall provide the I CFD Adml111stl atar with written notice of mtent to prepay. Wtthin 30 days of receipt of sllch wntten nolIce, the CFD Admmlstrator shall notify sllch ownel of tile prepayment amount of Buell AssessOl's Pareel The CFD AdrrumslIator may ch31ge a reasonable fee for provldmg tillS service Prepayment must be made not less tllan 45 days pnOl to the next occull'ing date that nolIce of redemplIon of Bonds from the proceeds of slIch prepayment may be gIVen to the Trustee pursllantto the IndentUlc , Number ~ tip Resolution The Prepayment Amount (defmed below) shall be calculated as summanzed below (capitalized terms as defmed below) Bond RedemptIOn Amollnt I plus plus plus pIlls less less Total: equals Redemplton PremIum Future FaClhltes Amount Defeasance Amollnt Admmlstrative Fees and Expenses Reserve Fund CredIt CaJlltalized Interest Credit Prepayment Amount As of tile proposed date of prepayment, tile Prepayment Amount (defIned below) shall be calculated as follows: Paral!:ruph No,: I. Confirm that no SpecIal Tax delinquenCies apply to sucll Assessor's Parccl 2 For Assessor's Parcels of Developed Property, compute the ASSigned Special Tax and Backup Special Tax applicable fm the Assessor's Parcel to be prepaId. For Assessor's Parcels of Undeveloped Propelty (for"whlch a buIlding permit has been Issued) to be prepaid, compute tile ASSIgned SpeCIal Tax and Backup Special Tax for that Assessor's Parcel as though It was already destgnated as Developed Property, based IIpon the bUlldmg permIt wllich has alIeady been Issued for tllat Assessor's Parcel. 3 (a) DIVide the ASSigned SpeCial Tax computed pursuant to paragraph 2 by the total estimated Asstgned SpeCIal Taxes for tile enl1re CFD No. 2002-1 based on tile Developed Property SpeCIal Taxes which cOllld be charged in tile cllrrent FIscal Year on all expected development through bUlldollt of CFD No 2002-1, excludmg any Assessor's Pal eels wlucll have been prepaid, and I (b) DIVIde the Backup Special Tax. computed pursuant to paragraph 2 by the esl1mated Backup Special Taxes at bUlldout of CFD No 2002-llIsmg tile Backup SpeCIal Tax amollnt for tile current FIscal Year, excluding any Assessor's Parcels wlllch have been prepaid. 4. Multiply the larger quol1ent computed pursuant to paragraph 3(a) or 3(b) by the Outstanding Bonds to compllte the amount of Outstandmg Bonds to be rel1red and prepaid (the "Bond Redemption Amollnt") 5. Multiply tile Bond RedemptlOn Amount computed pllrsuant to pmagraph 4 by the applicable redempl10n premIUm, If any, on the Outstandmg Bonds to be redeemed (the "Redemption Premtum"). 6. Compute the current Fllture FaCIlities Costs 7. Multiply the larger quotient compllted pursuant to paragrapll 3(a) or 3(b) by tile amollnt determmed pursuant to paragrapll 6 to compute the amount of Fllture FacllIues Costs to be prepaid (the "Future FacIlities Amount"). I 8. Compute the amount needcd to pay interest on the Bond Redemption Amollnt from the ftrst bond mterest and/or pllncipal payment date followmg the current Fiscal Year unl1lthc earliest redemptIOn date for the Olltstandmg Bonds. 9 Determme the SpeCIal Taxes levted on the Assessm's Parcel m the cunent Fiscal Year wlllcll lIave not yet been paid Resolution Number ~J/9 10. Compute the mInimum amount the CFD Admmlstrator reasonably expects to denve from the remvestment of tile Prepayment Amount (as defmed below) less tile Future FacilitIes Amount and the Admmlstratlve Fees and Expenses (as defmed below) tium tile date of prepayment untll the redemptIOn date for tile Outstandmg Bonds to be redeemed witll the prepayment 11 Add the amounts computed pllrsuant to paragraphs 8 and 9 and subtract tile amount compllted pllrsuant to paraglllph 10 (the "Defeasance Amount") 12. VerIfy the admmtstratlve fees and expenses of CFD No. 2002-1, mcludmg the costs of computatIOn of tile prepayment, the costs to mvest tile prepayment proceeds, tile costs of redeemmg Bonds, and the costs of recordmg any nol1ces to eVidence the prepayment and the redemptlOn (the" Admmlstratlve Fees and Expenses"). I 13 If reserve funds for tile Outstandmg Bonds, if any, are at or above 100% of tile reserve reqll1rement (as defmed m tile Indenture) on tile prepayment date, a reserve fllnd credit shall be calculated as a reducl10n m the applicable reserve fund for the Outstandmg Bonds to be redeemed pursuant to the prepayment (the "Reserve Fllnd Credit"). No Reserve Fund Credit sllall be granted If reserve funds are below 100% of the reserve requirement. 14 If any capitalized mterest for the Outstandmg Bonds will not have been expended at the tune of tile first mtelest and/or pnnctpal payment following the CUrI'Cnt FIscal Year, a capitalized mtel'Cst credIt shall be calclllated by mllltlplymg the larger qllottent computed pursuant to paragraph 3(a) or 3(b) by the expected balance m tile capitalized mterest fund after such fIrst mterest and/or prIncipal payment (the "Capitalized Interest Credit") 15. The SpecIal Tax prepayment IS equal to the sum of the amollnts computed pllrsuant to paragraphs 4, 5, 7, 11 and 12, less tile amounts computed pursuant to paragraplls 13 and 14 (the "Prepayment Amount"). I 16 From the Plepayment Amollnt, the amounts computed pursllant to paraglaphs 4, 5, 11, 13 and 14 shall be depOSited mto the approprIate fllnd as established under tile Indenture and be IIsed to reltre Outstandmg Bonds or make debt service payments The amount computed pursuant to paragrapll 7 shall be depOSIted mto the construction fund The amollnt computed pursuant to paragrapll 12 sllall be Ietamed by CFD No. 2002-1 The Prepayment Amount may be sllfflcient to redeem otller than a $5,000 increment of Bonds. In such cases, tile mcrement above $5,000 or mtegral multiple thereof will be retamed in the appropriate fllnd establtshed under the Indenture to be used WIth the next prepayment of bonds or to make debt servtce payments. As a result of tile payment of the CUrIcnt FIscal Year's SpeCial Tax levy as determmed under paragrapll 9 (above), the CFD Admimstrator shalllemove the cllrrent FIscal Year's SpeclllI Tax levy for sue II Assessor's Parcel from the County tax rolls. Wllh respect to any Assesspt's Parcel that IS prepaid, tile CounCIl shall cause a sll1table notIce to be recorded m compliance WIth the Act, to mdlcate the prepayment of Specml Taxes and tile 1'Clease of tile SpecIal Tax lien on sucll Assessor's Parcel, and the obllgalton of sllch Assessor's Parcel to pay tile SpeCIal Tax shall cease Notwlthstandmg tile foregomg, no SpeCIal Tax prepayment shall be allowed unless the amollnt of Assigned Special Taxes that may be leVied on Taxable Property witllm CFD No 2002-1 both prIor to and after tile proposed prepayment IS at least 1 1 tImes tile maxunum annual debt servIce on all Outstandmg Bonds. I I I I Resolution Number ~ 2. PI'epayment in Pad Tile Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for whlcll a bUlldmg pelmlt has been Issued may be partwHy prepatd. The amount of the prepayment shaH be calculated as in Section I-I 1; except tllat a partIal prepayment shall be calculated accordmg to the lollowmg formula: PP = PE X F. These terms lIave the followmg meaning: PP = the partIal prepayment PE = tile Prepayment Amount calculated accordmg to SectIon H.l F = tile percentage by which tile owner of the Assessor's Parcel(s) IS pmtlally prepaymg tile Special Tax The owner of any Assessor's Parcel who desltes such prepaymenl shall nOl1fy the CFD Admmlstrator of sllcll owner's mtentto partIally prepay the Special Tax and the percentage by whIch the SpecIal Tax shall be prepmd. The CFD Admmtstrator shaH provIde tile owner with a statement of tile amount reqUIred for tile partial prepayment of the Special Tax for an Assessor's Parcel wlthm tlllrty (30) days of the reqllest and may charge a reasonable fee for providmg thiS servIce. With respect to any Assessor's Parcel that IS partlaHy prepmd, tile Ctty sllall (I) dlstnbute the funds lemllled to It accordmg to SectIOn H 1, and (It) mdtcate m tile records of CFD No 2002- J that tllere has been a partial prepayment of the SpeCial Tax and that a portion of the SpeCial Tax wllh respect to sucll Assessor's Pm'cel, equal to the outstandmg percentage (1.00 - F) of the remammg Maximum Specwl Tax, shaH contInue to be leVied 011 such Assessor's Parcel pursuant to SectIon D. I. TERM OF SPECIAL TAX Tile Special Tax shall be levied for tile peliod necessary to fully satIsfy the SpeCial Tax ReqUIrement, bllt m no event shaH it be levied after Fiscal Year 2042-43.