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HomeMy WebLinkAboutResolution - 3197 STATE OF CALIFORNIA ) RESOLUTION NO. 3197 COUNTY OF RIVERSIDE) CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2008-1 (PARKSIDE) OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THEREOF WHEREAS, the City Council (the "City Council") of the City of San Jacinto (the "City") has heretofore adopted Resolution No. 3185 stating that a community facilities district to be known as "Community Facilities District No. 2008-1 (Parkside) of the City of San Jacinto, County of Riverside, State of California" (the "District'), is proposed to be established pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the establishment of the District; and WHEREAS, the District is proposed to be formed for the purposes of financing acquisition, construction, furnishing and equipping of public facilities to be owned by the City which are necessary to meet increased demands placed upon the City as a result of the development of real property within the District described in Exhibit A attached hereto and hereby incorporated; and WHEREAS, the City Council desires to levy special taxes and issue bonds of the District, the proceeds of which will be used to (a) finance the cost of acquisition, construction, furnishing equipping and maintenance of public facilities listed in Exhibit °B° hereto (the "Facilities"); (b) paying the debt service on the bonds issued; and (c) paying the incidental expenses associated with the creation of the District, issuance of bonds thereof, fund a reserve fund for the bonds, the payment of costs of issuance of the bonds, the determination of the amount and collection of the special taxes, and the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District and WHEREAS, the bonds of the District will be repaid from special taxes to be levied on the real property therein, as more fully described herein; WHEREAS, the City Council has determined that it will be in the public interest and beneficial to the future residents of the District that it be authorized to incur bonded indebtedness to finance the Facilities; and WHEREAS, notice was published and mailed to the owners of all of the property in the District as required by law relative to the intention of the City Council to establish the District, the levy of special taxes therein, the provision of the Facilities therein and the incurring of a bonded indebtedness by the District, and of the time and place of the public hearing; and Page 1 of 8 WHEREAS, on August 7, 2008, at the time and place specified in the published and mailed notices, the City Council conducted a public hearing as required by law relative to the establishment of the District, the levy of special taxes therein, the provision of public facilities therein, and the incurring of a bonded indebtedness by the District; and WHEREAS, prior to the commencement of the hearing there was filed with the City Council a report (the "Report") containing a description of the public facilities and services required to meet the needs of the District, and an estimate of the cost of financing such Facilities, as required by Section 53321.5 of the California Government Code; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the establishment of the District, the levy of the special taxes, the provision of the Facilities therein, and the incurring of the bonded indebtedness therefor were heard, and a full and fair hearing was held; and WHEREAS, at the public hearing evidence was presented to the City Council on the matters before it, and the City Council at the conclusion of the hearing was fully advised as to all matters relating to the establishment of the District, the levy of the special taxes, the provision of the Facilities and the incurrence of the bonded indebtedness therefore; and WHEREAS, the City Council may therefore proceed to establish the District; and WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of Riverside that there are no persons registered to vote in the territory of the District. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS: Section 1. Findings. The City Council finds as follows: (a) All of the preceding recitals are true and correct; (b) On June 19, 2008, the City Council adopted Resolution No. 3185 which, pursuant to Section 53350 of the California Government Code, designated and declared its intention to issue bonds and levy special taxes within the District to finance the construction, acquisition, furnishing and equipping of certain public facilities; (c) On August 7, 2008, pursuant to notice thereof duly given as provided by law, the City Council conducted a public hearing with respect to the establishment of Page 2 of 8 the District, the incurrence of a bonded indebtedness by and for the District, the annual levy of specked special taxes on the taxable property within the District to pay principal of and interest on bonds to be issued by and for the District to finance the Facilities and other obligations which are described in Section 3 hereof; (d) The boundary map of the District was recorded on July 8, pursuant to Sections 3111 and 3113 of the California Streets and Highways Code, at pages 26 and 27 in Book 73 of Maps of Assessment and Community Facilities Districts, and as Instrument No. 2008-0369205, in the official records of the County of Riverside. (e) All prior proceedings with respect to the establishment of the District prior to and during the hearing with respect to the establishment of the District which was conducted by the City Council on August 7, 2008, were valid and in conformity with the requirements of the Act; (f) No written protests were received at or prior to the time of the hearing, against the establishment of the District, or the levying of the special taxes, or the incurrence of a bonded indebtedness by the District, and the special taxes have, therefore, not been eliminated by majority protest pursuant to Section 53324 of the California Government Code; (g) The City Council is, therefore, authorized to adopt a resolution of formation pursuant to Section 53325.1 of the California Government Code for the establishment of Community Facilities District No. 2008-1 (Parkside) of the City of San Jacinto, County of Riverside, State of California; and (h) Twelve (12) persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the protest hearing on August 7, 2008, and pursuant to Section 53326 of the California Government Code, the vote in the consolidated special elections provided for in Section 12 hereof shall, therefore, be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the Page 3 of 8 election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the District which would be subject to the proposed special taxes if they were levied at the time of the election. Section 2. Establishment of District. Community Facilities District No. 2008-1 (Parkside) of the City of San Jacinto, County of Riverside, State of California, is hereby established. The boundaries of the District are set forth and shown on the map entitled 'Boundaries of Community Facilities District No. 2008-1 (Parkside) of the City of San Jacinto, County of Riverside, State of California," (the "Boundary Map") which is on file with the City Clerk, and those boundaries are hereby established. Section 3. Types of Facilities: Incidental Expenses. The types of public facilities proposed to be provided within and financed by the District are set forth on Exhibit "B" attached hereto and incorporated herein. Section 4. Special Taxes. Except where funds are otherwise available, special taxes in the District sufficient to pay costs for additional Services, to pay directly for the Facilities, and to pay the principal of and interest on the bonds of the District and the annual administrative expenses of the City and the District in determining, apportioning, levying and collecting such special taxes, and in paying the principal of and interest on such bonds, and the costs of registering, exchanging and transferring such bonds, secured by the recordation of a continuing lien against all taxable or nonexempt property in the District, and maintaining a reserve fund for such bonds, and paying any amounts that must be paid to the United States in order to preserve the tax-exempt status of such bonds shall be annually levied within the District. The rates and method of apportionment of said special taxes for the District shall be as set forth in Exhibit "C" attached hereto and by this reference made a part hereof. Pursuant to Section 53340 of the California Government Code, said special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. Page 4 of 8 Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special taxes shall attach to all nonexempt real property in the District and that lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien cancelled in accordance with law or until collection of the special taxes ceases. The office of the City Manager, located at 595 S. San Jacinto Blvd., Building A, San Jacinto, CA 92583, is designated as the office responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel numbers, and for estimating future special tax levies pursuant to Section 53340.2 of the California Government Code. Section 5. Exempt Property. Pursuant to Section 53340 of the California Government Code, and except as provided in Section 53317.3 of said Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes. In the event that a portion of the property within the District shall for any reason be or become exempt, wholly or partially, from the apportionment and levy of the special taxes pursuant to Exhibit "A" hereto, the City Council shall, on behalf of the District, increase the amount of special taxes to the extent necessary and permitted by law and these proceedings to be levied upon the remaining property within the District which is not exempt in order to provide the required debt service payments on any outstanding bonds of the District, or to prevent the District from defaulting on any of its other obligations or liabilities. Section 6. Necessity. The Facilities are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of the District. Section 7. Bonded Indebtedness. The District shall be authorized to incur bonded indebtedness in an amount not to exceed $3,500,000. Pursuant to Section 53350 of the California Government Code, all proceedings for purposes of a bond election with respect to the portion of the bonded indebtedness and for the purpose of levying special taxes for the payment of the principal of and interest on the bonds which may be issued and sold to represent such bonded indebtedness and to finance the design, construction and acquisition of the Facilities. Page 5 of 8 Section 8. Report. The Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the District, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings. Section 9. Annexation of Territory. Other property within the boundaries of the City may be annexed into the District upon the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel at the time that parcel or those parcels are annexed. Section 10. Repayment of Funds Advanced or Work-in-Kind. Pursuant to Section 53314.9 of the California Government Code, the City Council proposes to accept advances of funds or work- in-kind from private persons or private entities and to provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including but not limited to, paying any costs incurred by the City in creating the District, and to enter into agreements, by resolution, with the persons or entities advancing the funds or work-in-kind to repay funds advanced, or to reimburse the persons or entities for the value, or cost, whichever is less, of the work- in-kind, as determined by the City Council. Section 11. Prohibition of Owner Contracts. Pursuant to Section 53329.5 of the California Government Code, the City Council finds that the public interest will not be served by allowing the owners of property within the District to enter into a contract in accordance with subdivision (a) of that section, and that such owners shall not be permitted to elect to perform the work and enter into a written contract with the City Council for the construction of the Facilities pursuant to Section 53329.5 of the California Govemment Code. Section 12. Description of Voting Procedures. The voting procedures to be followed in conducting the consolidated special elections on (i) the proposition of the District to incur a bonded indebtedness in an amount not to exceed $3,500,000 within the District, (ii) the proposition with respect to the levy of special taxes on the land within the District to pay the principal of and interest on the bonds thereof to finance the Facilities, (iii) the proposition with respect to the establishment of an appropriations limit for the District in the amount of $1,000,000 if the community facilities district is established and such consolidated special elections (the Page 6 of 8 "Consolidated Special Elections") are held, shall be as follows: (a) If at least twelve (12) persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public or protest hearing (the "Protest Hearing"), the vote in the Consolidated Special Elections shall be by the registered voters of the District with each voter having one vote. In that event, the Consolidated Special Elections shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the Consolidated Special Elections shall be distributed to the qualified electors of the District by mail with return postage prepaid or by personal service, and the consolidated special elections shall be conducted as a mail ballot election. (b) If twelve (12) persons have not been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the protest hearing, and pursuant to Section 53326 of the California Government Code, the vote is therefore to be by the landowners of the District with each landowner within the District of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the District the Consolidated Special Elections shall be conducted by the City Clerk pursuant to Section 53326 of the California Government Code. Section 13. Tender of Bonds. This City Council hereby reserves the right, on behalf of the District to accept tenders of bonds in full or partial payment of special taxes to be levied within the District pursuant to the Act. The procedures for conducting the consolidated special elections, if they are held, may be determined as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council. Page 7 of 8 SIGNED, APPROVED AND ADOPTED this 7th day of August, 2008, by the following vote: Ayes: Carlson, Mansperger, Potts, Stubblefield, Ayres Nays: None Abstain: None Absent: None CITY OF SAN JACINTO By: im Ayr ayor ATTEST: orothy L. ouinard, City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP effr y S. Ballinge , City Attorney Page 8 of 8 EXHIBIT "A" LEGAL DESCRIPTION CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2008-1 (PARKSIDE) The property located in the City of San Jacinto, County of Riverside, State of California identified by Assessors Parcel Numbers 435-190-052 and 435-190-053. Page A-1 EXHIBIT "B" CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2008-1 (PARKSIDE) LIST OF FACILITIES Facilities authorized to be financed by each of City of San Jacinto Community Facilities District No. 2008-1 (Parkside) include all of the following: (a) Street improvements including costs of storm drains, grading, paving, curbs and gutters, sidewalks, street lights, parkways, medians and landscaping related thereto; (b) Drainage channel crossing; (c) Any public facilities authorized to be pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5 of the Government Code of the State of California, in lieu of payment of fees; and (d) Construction management fee in an amount not to exceed five percent (5%) of the total cost of improvement; and (e) The incidental expenses which will be incurred are: (i) the cost of engineering, planning and designing such facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the creation of the proposed community facilities district, issuance of the bonds thereof, the determination of the amount of and collection of taxes, the payment of taxes, and costs otherwise incurred in order to carry out the authorized purposes of the community facilities district, and (iii) any other expenses incidental to the construction, acquisition, completion, and inspection of such facilities. Page B-1 EXHIBIT "C" CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2008-1 (PARKSIDE) RATES AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX Page C-1 RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO.2008-1(PARKSIDE) OF THE CITY OF SAN JACINTO A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in Community Facilities District No. 2008-1 of the City of San Jacinto (Parkside) ("CFD No. 2008-1") and collected each Fiscal Year commencing in Fiscal Year 2009-10, in an amount determined by the Council through the application of the Rate and Method of Apportionment as described below. All ofthe real property in CFD No.2008-1,unless exempted by law or by the provisions hereof,shall be taxed for the purposes,to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage"means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map,parcel map,condominium plan,or other recorded County parcel map. "Act"means the Mello-Roos Community Facilities Act of 1982,as amended,being Chapter 2.5,Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No.2008-1:the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both);the costs of collecting the Special Taxes(whether by the County or otherwise);the costs of remitting the Special Taxes to the Trustee;the costs ofthe Trustee (including its legal counsel)in the discharge of the duties required of it under the Indenture; the costs to the City,CFD No.2008-1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2008-1 or any designee thereof of complying with City, CFD No. 2008-1 or obligated persons disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes;the costs ofthe City,CFD No.2008-1 or any designee thereof related to an appeal of the Special Tax;the costs associated with the release of funds from any escrow account;and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2008-1 for any other administrative purposes of CFD No. 2008-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number. City of San Jachdo June 10,2008 CFD No.2008-1(Parkdde) Page 1 "Assessor's Parcel Map"means an official map of the Assessor of the County designating parcels by Assessor's parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Class of Developed Property,as determined in accordance with Section C below. "Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C below. "Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series,issued by CFD No. 2008-1 under the Act. "Building Square Footage"or"Building Square Foot"means the total square footage of the building(s)located on an Assessor's Parcel,measured from outside wall to outside wall, exclusive of overhangs,porches,patios,carports,or similar spaces attached to the building but generally open on at least two sides,as determined by reference to the building permit(s) issued for that Assessor's Parcel,or if these are not available,as otherwise determined by the CFD Administrator. "CFD Administrator" means an official of the City, or designee thereof,responsible for calculating the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No.2008-1"means Community Facilities District No.2008-1 (Parkside)of the City. "City" means the City of San Jacinto,California. "Council" means the City Council of the City, acting as the legislative body of CFD No. 2008-1. "County"means the County of Riverside,California. "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 1,2007 and as of January I of the previous Fiscal Year. "Fiscal Year" means the period starting July I and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued,as modified,amended and/or supplemented from time to time. "Industrial Property" means, for each Fiscal Year, all Assessor's Parcels of Developed Property for which a building permit was issued for a non-residential use,excluding Office Property. City of San Jacinto June 10,1008 CFD Na 1008-1(Parkside) Page 2 "Land Use Class" means any of the classes listed in Table 1 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. "Office Property"means all Assessor's Parcels of Developed Property for which a building permit was issued for construction of an office building as determined by reference to the building permit(s), or as otherwise determined by the CFD Administrator. "Outstanding Bonds" means all Bonds which are deemed to be outstanding under the Indenture. "Property Owner Association Property"means,for each Fiscal Year,any property within the boundaries of CFD No. 2008-1 that was owned by a property owner association, including any master or sub-association, as of January 1 of the previous Fiscal Year. "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. The term "Proportionately" may similarly be applied to other categories of Taxable Property as listed in Section D below. "Public Property" means,for each Fiscal Year, (i)any property within the boundaries of CFD No. 2008-1 that was owned by or irrevocably offered for dedication to the federal government,the State,the City or any other public agency as of January 1 of the previous Fiscal Year,provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; or(ii)any property within the boundaries of CFD No.2008-1 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property within CFD No. 2008-1 to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year to meet the needs of CFD No. 2008-1 to: (i) pay debt service on all Outstanding Bonds due in the calendar year that commences in such Fiscal Year, (ii) pay periodic costs on the Bonds, including but not limited to,credit enhancement and rebate payments on the Bonds;(iii)pay Administrative Expenses;(iv)pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay directly for acquisition or construction of Cky of San Jacinto June 10,2008 CFD No.2008-1(Parkside) Page 3 authorized facilities,but only prior to the issuance of Bonds and only to the extent that the inclusion of such amount does not increase the Special Tax levy on Undeveloped Property; (vi)pay for reasonably anticipated Special Tax delinquencies based on the delinquency rate for the Special Tax levy in the previous Fiscal Year;less(vii)a credit for funds available to reduce the annual Special Tax levy,as determined by the CFD Administrator pursuant to the Indenture. "State" means the State of California. "Taxable Property"means all of the Assessor's Parcels within the boundaries of CFD No. 2008-1 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 Public Property that are not exempt pursuant to Section E below. "Trustee"means the trustee or fiscal agent under the Indenture. "Undeveloped Property"means,for each Fiscal Year,all Taxable Property not classified as Developed Property, Taxable Public Property or Taxable Property Owner Association Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2008-1 shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property,or Undeveloped 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. MAIOMUM SPECIAL TAX 1. Developed Property (a). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax. (b). Assigned Special Tax The Fiscal Year 2009-10 Assigned Special Tax for each Land Use Class is shown below in Table 1. City of San Jacinto June 10,2008 CFD No.2008-1(Pard vW) Page 4 TABLE 1 Assigned Special Taxes for Developed Property in CFD No.2008-1 Fiscal Year 2009-10 Land Use Class Description Assigned Special Tart 1 Residential Property $18,887 per Acre 2 Office Property $1.6697 per Building Square Foot 3 Industrial Property $0.6242 per Building Square Foot (c). Backup Special Tax The Fiscal Year 2009-10 Backup Special Tax for an Assessor's Parcel of Developed Property shall equal $18,887 per Acre. (d). Increase in the Assigned Special Tax and Backup Special Tax On each July 1,commencing on July 1,2010,the Assigned Special Tax and the Backup Special Tax shall be increased by an amount equal to two percent (2%)of the amount in effect for the previous Fiscal Year. (e). Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor's Parcel. 2. Undeveloped Property,Taxable Public Property,and Taxable Property Owner Association Property (a). Maximum Special Tax The Fiscal Year 2009-10 Maximum Special Tax for Undeveloped Property, Taxable Public Property,and Taxable Property Owner Association Property shall be$19,489 per Acre. (b). Increase in the Maximum Special Tax On each July 1,commencing on July 1,2010,the Maximum Special Tax for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall be increased by an amount equal to two percent(2%)of the amount in effect for the previous Fiscal Year. City of San Jacinto June 10,2008 CFD Na 2008-I(Parkside) Page 5 D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2009-10 and for each following Fiscal Year,the Council shall determine the Special Tax Requirement. The Council shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be Ievied 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 Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100%of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Special 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 Special Tax is determined through the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the fast three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to the Maximum Special Tax for Taxable Property Owner Association Property; Fifth: If additional monies are needed to satisfy the Special Tax.Requirement after the first four steps have been completed,then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Public Property at up to the Maximum Special Tax for Taxable Public Property. Notwithstanding the above,under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No.2008-1. E. EXEMPTIONS No Special Tax shall be levied on up to 3.53 Acres of Public Property and 0.00 Acres of Property Owner Association Property. Tax-exempt status will be irrevocably assigned by the CFD Administrator in the chronological order in which property becomes Public Property or Property Owner Association Property. However,should an Assessor's Parcel no Ionger he classified as Public Property or Property Owner Association Property its tax- exempt status will be revoked. Public Property or Property Owner Association Property that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed City of San Jacinto June 10,2008 CFD No.2008-1(Parkside) Page 6 Proportionately as part of the fourth or fifth step,as applicable,in Section D above,at up to 100% of the applicable Maximum Special Tax for Taxable Public Property or Taxable Property Owner Association Property. F. APPEALS AND INTERPRETATIONS Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator,provided that the appellant is current in his/her payments of Special Taxes. During the pendency 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 claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant,the CFD Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination,the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City CIerk,provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator's determination. Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment. G. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2008-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations,and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities"means either$2.73 million in 2008 dollars,which shall increase by the Construction Inflation Index on July 1,2009,and on each July 1 thereafter,or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities to be provided by CFD No. 2008-1 under the authorized bonding program for CFD No.2008-1,or(ii)shall be determined by the Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment as described in Section D. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act. City of San Jacinto June 10,2008 CFD No.2008-I(ParksW) Page 7 "Construction Inflation Index"means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles,measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as•determined by the CFD Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs"means the CFD Public Facilities minus(i)public facility costs previously paid from the Construction Fund, (ii) moneys currently on deposit in the Construction 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 deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. "Previously Issued Bonds" means all Bonds that have been issued by CFD No. 2008-1 prior to the date of prepayment. 1. Prepayment in Full The obligation of an Assessor's Parcel to pay the Special Tax may be prepaid and permanently satisfied as described herein;provided that a prepayment may be made only for Assessor's Parcels of Developed Property or Undeveloped Property for which a building permit has been issued,and only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of Bonds from the proceeds of such prepayment may be given to the Trustee pursuant to the Indenture. The Special Tax Prepayment Amount'(defined below) shall be calculated as summarized below(capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount City of San Jacudo June 10,2008 CFD No.2008-1(ParWde) Page 8 As of the proposed date of prepayment, the Special Tax Prepayment Amount (defined below)shall be calculated as follows: Paragraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property,compute the Assigned Special Tax and Backup Special Tax applicable for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped 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 designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. 3. (a)Divide the Assigned Special Tax computed pursuant to paragraph 2 by the total estimated Assigned Special Taxes for CFD No. 2008-1 based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development through buildout of CFD No. 2008-1, excluding any Assessor's Parcels which have been prepaid,and (b)Divide the Backup Special Tax computed pursuant to paragraph 2 by the estimated total Backup Special Taxes atbuildout of CFD No.2008-1,excluding any Assessor's Parcels which have been prepaid. 4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid(the 'Bond Redemption Amount"). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium(e.g.,the redemption price— 100%),if any,on the Outstanding Bonds to be redeemed(the"Redemption Premium"). 6. Compute the current Future Facilities Costs 7. Multiply 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 needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 9. Determine the Special Tax levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. City of San Jacinto June 10,2008 CFD No.2008-1(Parkside) Page 9 10. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses from the date of prepayment until the 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 the administrative fees and expenses of CFD No.2008-1,including the costs of computation of the prepayment,the costs to invest the prepayment proceeds,the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment 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 reserve requirement(as defined in the Indenture)on the prepayment date,a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment(the"Reserve Fund Credit'). No Reserve Fund Credit shall be granted if reserve funds are below 100% of the reserve requirement. 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a)or 3(b)by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 15. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed 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 the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 12 shall be retained by CFD No. 2008-1. The Special Tax Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases,the increment above$5,000 or integral multiple thereof will be retained in the appropriate 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 levy as determined under paragraph 9(above),the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any City of San Jacinto June 10,2008 CFD No.2008-1(Parkdde) Page 10 Assessor's Parcel that is prepaid,the Council shall cause a suitable notice to be recorded in compliance with the Act,to indicate the prepayment of the Special Tax 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. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Assigned Special Taxes that may be levied on Taxable Property within CFD No. 2008-1 (after excluding 3.53 Acres of Public Property and 0.00 Acres of Property Owner Association Property as set forth in Section E) both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. 2. Prepayment in Part The Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section H.1; except that a partial prepayment shall be calculated according to the following formula: PP= [(PE-AE)x F]+AE These terms have the following meaning: AE= the Administrative Fees and Expenses PP— the partial prepayment PE= the Special Tax Prepayment Amount calculated according to Section H.1 F= the percentage by which the owner of the Assessor's Parcel(s)is partially prepaying the Special4'ax. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of such owner's intent to partially prepay the Special Tax and the percentage by which the Special Tax shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for an Assessor's Parcel within thirty(30)days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid,the City shall(i)distribute the funds remitted to it according to Section H.1,and(ii)indicate in the records of CFD No. 2008-1 that there has been a partial prepayment of the Special Tax and that a portion of the 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. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2009-10. KACLB:N WSm Jwinto\MeaoWidwayDBN.Padcside\RMA\RMA CFD 2008-1(Pz*dde)05.doc City of San Jacinto June 10,20M8 CFD No.2008-1(Parkside) Page 11