REPORT OF SPECIAL TAX LEVY FOR THE CITY OF LAKE ELSINORE. CITY OF LAKE ELSINORE CFD (Rosetta Canyon Public Improvements) Fiscal Year

Transcription

1 REPORT OF SPECIAL TAX LEVY FOR THE CITY OF LAKE ELSINORE CITY OF LAKE ELSINORE CFD (Rosetta Canyon Public Improvements) Fiscal Year Submitted to: City of Lake Elsinore Riverside County, California Submitted by: December 2006

2 CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO (Rosetta Canyon Public Improvements) TABLE OF CONTENTS Introduction... 1 I. Facilities Financed by the District... 1 II. Improvement Area III. Improvement Area IV. Sources and Obligations V. Special Tax Roll APPENDIX Exhibit A Exhibit B Exhibit C Exhibit D Boundary Maps Rate and Method of Apportionment of Special Taxes Debt Service Schedule Special Tax Roll

3 City of Lake Elsinore December 2006 Community Facilities District No Page 1 INTRODUCTION The City Council of the City of Lake Elsinore established Community Facilities District No (Rosetta Canyon Public Improvements) for the purpose of acquiring or constructing certain public improvements needed to meet increased demand upon the City of Lake Elsinore as a result of development within the boundaries of Community Facilities District No In addition, the District was established in order to pay debt service on bonded indebtedness. A map showing the boundaries of CFD No is included in the Appendix of this report as Exhibit A. In compliance with the proceedings governing the formation of CFD No , the special tax has been levied on each assessable parcel within the District according to the provisions of the Rate and Method of Apportionment of Special Taxes as shown in the Appendix of this report in Exhibit B. Bonds were sold in August 2005 for Improvement Area 1 and in September 2006 for Improvement Area 2. I. FACILITIES FINANCED BY THE DISTRICT The public facilities financed by CFD No are described in detail in the Community Facilities District Report (CFD Report) for CFD No These facilities include all or a portion of design, construction, indirect costs and administration relating to the following improvements: 1. Street Improvements 2. Streetscape Improvements 3. Storm Drain Improvements 4. Sewer Improvements 5. Domestic Water Improvements 6. Reclaimed Water Improvements 7. Fire Facilities and Equipment CFD No is also authorized to finance City capital improvement fees imposed pursuant to City fee programs, the Development Agreement, and fees of the Elsinore Valley Municipal Water District. Construction Status The following tables show the construction status as of October 23, 2006 for Improvement Areas 1 and 2, as provided by Centex Homes. Q:\ELSINORE\CFD Rosetta Canyon (Centex)\fy06-07\reports\0607 cfd 04-3.doc

4 City of Lake Elsinore December 2006 Community Facilities District No Page 2 Improvement Area 1 ZONE 1: TRACT SFD LOTS DEVELOPMENT ITEM PERCENT COMPLETE ROUGH GRADING: 100% SEWER MAINS: 100% WATER MAINS: 100% STORM DRAIN: 100% ELECTRICAL UTILITITES: 100% GAS UTILITIES: 100% TELEPHONE UTILITIES: 100% CABLE T.V. UTILITIES: 100% CURB AND GUTTER: 100% ASPHALT PAVING BASE COURSE (INTRACT) 100% ASPHALT PAVING CAP: 95% SIDEWALK: 95% LANDSCAPE: 90% PERIMETER WALLS: 100% STREET IMPROVEMENTS - S.R % TRAFFIC SIGNAL AT ROSETTA/ARDENWOOD 95% TRAFFIC SIGNAL AT S.R. 74/ROSETTA 100% TRAFFIC SIGNAL AT S.R. 74/ TRELLIS LANE 100% TRAFFIC SIGNAL AT S.R. 74/ARDENWOOD 0% HOME CONSTRUCTION ACTIVITY NO. UNITS NO. OF BUILDING PERMITS FOR HOUSES OBTAINED: 254 NO. OF ESCROWS CLOSED: 235 NO. OF HOMES COMPLETE: 243 NO. OF HOMES UNDER CONSTRUCTION: - Q:\ELSINORE\CFD Rosetta Canyon (Centex)\fy06-07\reports\0607 cfd 04-3.doc

5 City of Lake Elsinore December 2006 Community Facilities District No Page 3 ZONE 2: TRACT SFD LOTS PERCENT COMPLETE DEVELOPMENT ITEM ROUGH GRADING: 100% SEWER MAINS: 100% WATER MAINS: 100% STORM DRAIN: 100% ELECTRICAL UTILITITES: 100% GAS UTILITIES: 100% TELEPHONE UTILITIES: 100% CABLE T.V. UTILITIES: 100% CURB AND GUTTER: 100% ASPHALT PAVING BASE COURSE: 100% ASPHALT PAVING CAP: 85% SIDEWALK: 95% LANDSCAPE: 95% PERIMETER WALLS: 100% 1801 ZONE RESERVOIR 100% 1701/1801 ZONE PUMP STATION 100% TRAFFIC SIGNAL AT ROSETTA AND ELSINORE HILLS 95% HOME CONSTRUCTION ACTIVITY NO. UNITS NO. OF BUILDING PERMITS FOR HOUSES OBTAINED: 255 NO. OF ESCROWS CLOSED: 218 NO. OF HOMES COMPLETE: 236 NO. OF HOMES UNDER CONSTRUCTION: 16 OFFSITE IMPROVEMENTS PERCENT DEVELOPMENT ITEM COMPLETE 3RD STREET SEWER LINE 100% 3RD STREET WATER LINE 100% 1601 PUMP STATION 100% Q:\ELSINORE\CFD Rosetta Canyon (Centex)\fy06-07\reports\0607 cfd 04-3.doc

6 City of Lake Elsinore December 2006 Community Facilities District No Page 4 Improvement Area 2 TRACT SFD LOTS DEVELOPMENT ITEM PERCENT COMPLETE ROUGH GRADING: 100% SEWER MAINS: 95% WATER MAINS: 95% STORM DRAIN: 100% ELECTRICAL UTILITITES: 50% GAS UTILITIES: 50% TELEPHONE UTILITIES: 50% CABLE T.V. UTILITIES: 50% CURB AND GUTTER: 100% ASPHALT PAVING BASE COURSE (INTRACT) 95% ASPHALT PAVING CAP: 0% SIDEWALK: 40% LANDSCAPE: 5% PERIMETER WALLS: 30% TRAFFIC SIGNAL AT S.R. 74/WASSON CANYON 0% 1801 RESERVOIR 100% 1701/1801 ZONE PUMP STATION 100% HOME CONSTRUCTION ACTIVITY NO. UNITS NO. OF BUILDING PERMITS FOR HOUSES OBTAINED: 213 NO. OF ESCROWS CLOSED: - NO. OF HOMES COMPLETE: - NO. OF HOMES UNDER CONSTRUCTION: 150 Q:\ELSINORE\CFD Rosetta Canyon (Centex)\fy06-07\reports\0607 cfd 04-3.doc

7 City of Lake Elsinore December 2006 Community Facilities District No Page 5 TRACT SFD LOTS PERCENT COMPLETE DEVELOPMENT ITEM ROUGH GRADING: 100% SEWER MAINS: 90% WATER MAINS: 90% STORM DRAIN: 100% ELECTRICAL UTILITITES: 50% GAS UTILITIES: 75% TELEPHONE UTILITIES: 50% CABLE T.V. UTILITIES: 50% CURB AND GUTTER: 100% ASPHALT PAVING BASE COURSE: 95% ASPHALT PAVING CAP: 0% SIDEWALK: 0% LANDSCAPE: 0% PERIMETER WALLS: 15% RIVERSIDE STREET IMPROVEMENTS 90% 1801 ZONE RESERVOIR 100% 1701/1801 ZONE PUMP STATION 100% TRAFFIC SIGNAL AT S.R. 74/RIVERSIDE ST 0% HOME CONSTRUCTION ACTIVITY NO. UNITS NO. OF BUILDING PERMITS FOR HOUSES OBTAINED: 243 NO. OF ESCROWS CLOSED: - NO. OF HOMES COMPLETE: - NO. OF HOMES UNDER CONSTRUCTION: 143 Q:\ELSINORE\CFD Rosetta Canyon (Centex)\fy06-07\reports\0607 cfd 04-3.doc

8 City of Lake Elsinore December 2006 Community Facilities District No Page 6 II. IMPROVEMENT AREA 1 Rate and Method of Apportionment of the Special Tax The Rate and Method of Apportionment of the Special Tax for Improvement Area 1 establishes specific categories for the apportionment of Special Taxes, which are collected annually, in the same manner and at the same time as ordinary ad valorem property taxes. Each Fiscal Year, each parcel of land within Improvement Area 1 shall be assigned to a Zone and further classified as Developed Property, Undeveloped Property, Taxable Public Property, Taxable Property Owner Association Property, or Exempt Property, and shall be subject to Special Taxes in accordance with Sections C and D of the Rate and Method of Apportionment for this district. The parcels subject to levy were determined based upon the records of the County Assessor as of the previous March 1, and the Tax Classification for each parcel was determined based upon the status of the parcel as of the previous May 1. The parcel classifications for Fiscal Year are summarized in Table 1 below. TABLE 1 PARCEL DISTRIBUTION BY CATEGORY IMPROVEMENT AREA 1 Total Parcels Total Parcels Percent Change Special Tax Classification Developed Property FY FY FY % Undeveloped Property % Taxable Property Owner Association Property % Taxable Public Property % Exempt Property % Total % Special Tax Levy for Fiscal Year The annual special taxes for Fiscal Year have been levied as provided in the Rate and Method of Apportionment for each Special Tax Classification described below: Developed Property: Developed Property includes all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for which the Final Subdivision was recorded on or before January 1 of the prior Fiscal Year and a building permit for new construction was issued after January 1, 2004 and on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied. Land Use Classes have been established for Developed Property in Improvement Area 1. The Special Tax for a residential property will vary directly with the amount of residential floor area on each parcel. The Special Tax for non-residential property will be determined based on the acreage of the parcel(s). The Assigned Special Tax Rate and special tax levy for parcels classified as Developed Property for FY are shown in Table 2 below. Q:\ELSINORE\CFD Rosetta Canyon (Centex)\fy06-07\reports\0607 cfd 04-3.doc

9 City of Lake Elsinore December 2006 Community Facilities District No Page 7 Zone 1 TABLE 2 SPECIAL TAX LEVY - DEVELOPED PROPERTY IMPROVEMENT AREA 1 - ZONE 1 & 2 Land Use Residential Assigned Special Tax Rate Actual Special Tax Rate No. of Funds Class Description Floor Area FY FY Parcels Generated 1 Residential Property > 3,950 $3, $ $ Residential Property 3,701-3,950 $2, $ $ Residential Property 3,451-3,700 $2, $ $ Residential Property 3,201-3,450 $2, $ $ Residential Property 2,951-3,200 $2, $2, $157, Residential Property 2,701-2,950 $2, $2, $251, Residential Property 2,451-2,700 $2, $2, $2, Residential Property 2,201-2,450 $2, $2, $89, Residential Property 1,951-2,200 $2, $2, $38, Residential Property 1,700-1,950 $2, $ $ Residential Property < 1,700 $2, $1, $34, Non-Residential Property NA $14, $ $ $573, Zone 2 Land Use Residential Assigned Special Tax Rate Actual Special Tax Rate No. of Funds Class Description Floor Area FY FY Parcels Generated 1 Residential Property > 3,950 $3, $3, $105, Residential Property 3,701-3,950 $3, $ $ Residential Property 3,451-3,700 $3, $2, $90, Residential Property 3,201-3,450 $3, $2, $111, Residential Property 2,951-3,200 $2, $ $ Residential Property 2,701-2,950 $2, $2, $115, Residential Property 2,451-2,700 $2, $2, $139, Residential Property 2,201-2,450 $2, $2, $54, Residential Property 1,951-2,200 $2, $2, $58, Residential Property 1,700-1,950 $2, $ $ Residential Property < 1,700 $2, $ $ Non-Residential Property NA $14, $ $ $675, Total, Developed Property 509 $1,248, Undeveloped Property: Q:\ELSINORE\CFD Rosetta Canyon (Centex)\fy06-07\reports\0607 cfd 04-3.doc

10 City of Lake Elsinore December 2006 Community Facilities District No Page 8 Undeveloped Property includes all Taxable Property that is not classified as Developed Property, Taxable Property Owner Association Property, or Taxable Public Property within Improvement Area 1. There were no Undeveloped Property parcels in FY The Fiscal Year maximum special tax for Undeveloped Property is shown in Table 3 below. TABLE 3 SPECIAL TAX LEVY - UNDEVELOPED PROPERTY IMPROVEMENT AREA 1 Taxable Property Owner Association Property: Maximum Assigned Special Tax per Zone Acre FY $16, $16, Taxable Property Owner Association Property includes all parcels within the boundaries of Improvement Area 1 that were owned by a property owner association, including any master or subassociation, that are not exempt pursuant to Section E of the Rate and Method of Apportionment for the District, which is included in the appendix of this report as Exhibit B. There were no Taxable Property Owner Association Property parcels in FY The Fiscal Year maximum special tax for Taxable Property Owner Association Property is shown in Table 4 below. Taxable Public Property: TABLE 4 SPECIAL TAX LEVY TAXABLE PROPERTY OWNER ASSOCIATION PROPERTY IMPROVEMENT AREA 1 Maximum Assigned Special Tax per Zone Acre FY $16, $16, Taxable Public Property includes all parcels within the boundaries of Improvement Area 1 owned by, irrevocably offered or dedicated to, or over, through or under which an easement for purposes of public right-of-way has been granted, to the federal government, the State, the County, the City, or any local government or other public agency, that are not exempt from the Special Tax pursuant to law or Section E of the Rate and Method of Apportionment for the district, which is included in the appendix of this report as Exhibit B. There were no Taxable Public Property parcels in FY The Fiscal Year maximum special tax for Taxable Public Property is shown in Table 5 below. Q:\ELSINORE\CFD Rosetta Canyon (Centex)\fy06-07\reports\0607 cfd 04-3.doc

11 City of Lake Elsinore December 2006 Community Facilities District No Page 9 III. IMPROVEMENT AREA 2 TABLE 5 SPECIAL TAX LEVY - TAXABLE PUBLIC PROPERTY IMPROVEMENT AREA 1 Maximum Assigned Special Tax per Zone Acre FY $16, $16, Rate and Method of Apportionment of the Special Tax The Rate and Method of Apportionment of the Special Tax for Improvement Area 2 establishes specific categories for the apportionment of Special Taxes, which are collected annually, in the same manner and at the same time as ordinary ad valorem property taxes. Each Fiscal Year, each parcel of land within Improvement Area 2 shall be assigned to a Zone and further classified as Developed Property, Undeveloped Property, Taxable Public Property, Taxable Property Owner Association Property, or Exempt Property, and shall be subject to Special Taxes in accordance with Sections C and D of the Rate and Method of Apportionment for this district. The parcels subject to levy were determined based upon the records of the County Assessor as of the previous March 1, and the Tax Classification for each parcel was determined based upon the status of the parcel as of the previous May 1. The parcel classifications for Fiscal Year are summarized in Table 6 below. TABLE 6 PARCEL DISTRIBUTION BY CATEGORY IMPROVEMENT AREA 2 Total Parcels Total Parcels Percent Change Special Tax Classification Developed Property FY FY FY % Undeveloped Property % Taxable Property Owner Association Property % Taxable Public Property % Exempt Property % Total % Special Tax Levy for Fiscal Year The annual special taxes for Fiscal Year have been levied as provided in the Rate and Method of Apportionment for each Special Tax Classification described below: Q:\ELSINORE\CFD Rosetta Canyon (Centex)\fy06-07\reports\0607 cfd 04-3.doc

12 City of Lake Elsinore December 2006 Community Facilities District No Page 10 Developed Property: Developed Property includes all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for which the Final Subdivision was recorded on or before January 1 of the prior Fiscal Year and a building permit for new construction was issued after January 1, 2004 and on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied. Land Use Classes have been established for Developed Property in Improvement Area 2. The Special Tax for a residential property will vary directly with the amount of residential floor area on each parcel. The Special Tax for non-residential property will be determined based on the acreage of the parcel(s). There were no Developed Property parcels in FY The Fiscal Year assigned special tax for Developed Property is shown in Table 7 below. Zone 1 TABLE 7 SPECIAL TAX LEVY - DEVELOPED PROPERTY IMPROVEMENT AREA 2 - ZONE 1 & 2 Land Use Residential Assigned Special Tax Rate Class Description Floor Area FY Residential Property > 3,950 $3, Residential Property 3,701-3,950 $3, Residential Property 3,451-3,700 $3, Residential Property 3,201-3,450 $3, Residential Property 2,951-3,200 $2, Residential Property 2,701-2,950 $2, Residential Property 2,451-2,700 $2, Residential Property 2,201-2,450 $2, Residential Property 1,951-2,200 $2, Residential Property 1,700-1,950 $2, Residential Property < 1,700 $2, Non-Residential Property NA $18, Q:\ELSINORE\CFD Rosetta Canyon (Centex)\fy06-07\reports\0607 cfd 04-3.doc

13 City of Lake Elsinore December 2006 Community Facilities District No Page 11 Zone 2 Undeveloped Property: Land Use Residential Assigned Special Tax Rate Class Description Floor Area FY Residential Property > 3,950 $3, Residential Property 3,701-3,950 $3, Residential Property 3,451-3,700 $3, Residential Property 3,201-3,450 $3, Residential Property 2,951-3,200 $3, Residential Property 2,701-2,950 $3, Residential Property 2,451-2,700 $3, Residential Property 2,201-2,450 $2, Residential Property 1,951-2,200 $2, Residential Property 1,700-1,950 $2, Residential Property < 1,700 $2, Non-Residential Property NA $17, Undeveloped Property includes all Taxable Property that is not classified as Developed Property, Taxable Property Owner Association Property, or Taxable Public Property within Improvement Area 2. The Assigned Special Tax Rate and special tax levy for parcels classified as Undeveloped Property for Fiscal Year are shown in Table 8 below. TABLE 8 SPECIAL TAX LEVY - UNDEVELOPED PROPERTY IMPROVEMENT AREA 2 Maximum Assigned Actual Special Special Tax per Tax per Acre Number Total Funds Zone Acre FY FY of Parcels Acreage Generated 1 $20, $ $8, $20, $ $16, Total, Undeveloped Property $24, Taxable Property Owner Association Property: Taxable Property Owner Association Property includes all parcels within the boundaries of Improvement Area 2 that were owned by a property owner association, including any master or subassociation, as of January 1 of the prior Fiscal Year, that are not exempt pursuant to Section E of the Rate and Method of Apportionment for the District, which is included in the appendix of this report as Exhibit B. There were no Taxable Property Owner Association Property parcels in FY The Fiscal Year maximum special tax for Taxable Property Owner Association Property is shown in Table 9 below. Q:\ELSINORE\CFD Rosetta Canyon (Centex)\fy06-07\reports\0607 cfd 04-3.doc

14 City of Lake Elsinore December 2006 Community Facilities District No Page 12 Taxable Public Property: TABLE 9 SPECIAL TAX LEVY TAXABLE PROPERTY OWNER ASSOCIATION PROPERTY IMPROVEMENT AREA 2 Maximum Assigned Special Tax per Zone Acre FY $20, $20, Taxable Public Property includes all parcels within the boundaries of Improvement Area 2 owned by, irrevocably offered or dedicated to, or over, through or under which an easement for purposes of public right-of-way has been granted, to the federal government, the State, the County, the City, or any local government or other public agency, that are not exempt from the Special Tax pursuant to law or Section E of the Rate and Method of Apportionment for the district, which is included in the appendix of this report as Exhibit B. There were no Taxable Public Property parcels in FY The Fiscal Year maximum special tax for Taxable Public Property is shown in Table 10 below. TABLE 10 SPECIAL TAX LEVY - TAXABLE PUBLIC PROPERTY IMPROVEMENT AREA 2 Maximum Assigned Special Tax per Zone Acre FY $20, $20, IV. SOURCES AND OBLIGATIONS A statement showing the Sources and Obligations of special tax funds for CFD No for Fiscal Year is presented in Table 11. The Special Tax Requirement for Fiscal Year was determined as specified in the adopted Rate and Method of Apportionment of the Special Tax. The debt service requirements for Fiscal Year have been taken from the Debt Service Schedule for the District which is included in the Appendix of this report as Exhibit C. Q:\ELSINORE\CFD Rosetta Canyon (Centex)\fy06-07\reports\0607 cfd 04-3.doc

15 City of Lake Elsinore December 2006 Community Facilities District No Page 13 TABLE 11 SOURCES AND OBLIGATIONS Fiscal Year Fiscal Year SOURCES Amount Amount Annual Special Tax Roll Improvement Area 1 Developed Property $302, $1,248, Undeveloped Property $0.00 $0.00 Subtotal $302, $1,248, Improvement Area 2 Developed Property $0.00 $0.00 Undeveloped Property $0.00 $24, Subtotal $302, $24, Rounding of Uneven Assessments ($1.00) $0.00 TOTAL SPECIAL TAXES FROM ALL SOURCES $302, $1,273, OBLIGATIONS Bond Debt Service (Improvement Area 1) $0.00 $1,223, Construction Fund $277, $0.00 Allocation for Delinquencies, Administration and Incidentals $25, $50, Subtotal $302, $1,273, Surplus/Shortage to District $0.00 ($2.00) TOTAL OBLIGATIONS FOR SPECIAL TAXES $302, $1,273, V. SPECIAL TAX ROLL The Special Tax Roll lists the special tax levy on each parcel within the boundaries of CFD No for Fiscal Year A copy of the Special Tax Rolls for Improvement Areas 1 and 2 is included in the Appendix of this report as Exhibit D. Q:\ELSINORE\CFD Rosetta Canyon (Centex)\fy06-07\reports\0607 cfd 04-3.doc

16 EXHIBIT A Boundary Maps

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19 EXHIBIT B Rate and Method of Apportionment of the Special Tax

20 City of Lake Elsinore EXHIBIT B December 16, 2004 CFD No (Rosetta Canyon) Page B-1 Rate and Method of Apportionment of Special Taxes RATE AND METHOD OF APPORTIONMENT FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No IMPROVEMENT AREA No. 1 (ROSETTA CANYON) A Special Tax shall be levied on all Assessor s Parcels in City of Lake Elsinore Community Facilities District No (Improvement Area No. 1) (Rosetta Canyon) ("CFD No (IA No. 1)") and collected each Fiscal Year commencing in Fiscal Year , in an amount determined through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No (IA No. 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, being Chapter 2.5, Division 2 of Title 5 of the California Government Code. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No (IA No. 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 City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No (IA No. 1) or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No (IA No. 1) or any designee thereof of complying with disclosure requirements of the City, CFD No (IA No. 1) or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No (IA No. 1) or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No (IA No. 1) for any other administrative purposes of CFD No (IA No. 1), including attorney s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. City of Lake Elsinore CFD No (Rosetta Canyon) Improvement Area 1

21 City of Lake Elsinore EXHIBIT B December 16, 2004 CFD No (Rosetta Canyon) Page B-2 Rate and Method of Apportionment of Special Taxes "Assessor's Parcel" means a lot or parcel shown in an Assessor s Parcel Map with an assigned Assessor s Parcel number. "Assessor's Parcel Map" means an official map of the County 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 in each Zone, as determined in accordance with Section C.1.b. below. "Authorized Facilities" means those authorized improvements, as listed on Exhibit A to the Resolution of Formation. "Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C.1.d. below. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No " means City of Lake Elsinore Community Facilities District No (Rosetta Canyon). "CFD No (IA No. 1)" means Improvement Area No. 1 of CFD No , as identified on the boundary map for CFD No "CFD No (IA No. 1) 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 and secured solely by Special Taxes levied on property within the boundaries of CFD No (IA No. 1) under the Act. "City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting as the legislative body of CFD No (IA No. 1). "County" means the County of Riverside. "Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for which the Final Subdivision was recorded on or before January 1 of the prior Fiscal Year and a building permit for new construction was issued after January 1, 2004 and on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied. City of Lake Elsinore CFD No (Rosetta Canyon) Improvement Area 1

22 City of Lake Elsinore EXHIBIT B December 16, 2004 CFD No (Rosetta Canyon) Page B-3 Rate and Method of Apportionment of Special Taxes "Final Subdivision" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No (IA No. 1) Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table 1. "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 building permit permitting the construction of one or more non-residential units or facilities has been issued by the City. "Outstanding Bonds" means all CFD No (IA No. 1) 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 (IA No. 1) that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior 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, or where the Backup Special Tax is being levied, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor s Parcels upon which a Backup Special Tax is being levied. 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 property within the boundaries of CFD No (IA No. 1) owned by, irrevocably offered or dedicated to, or over, through or under which an easement for purposes of public right-of-way has been granted, to the federal government, the State, the County, the City, or any local government or other public agency, provided that any property leased by a public agency to a private entity and City of Lake Elsinore CFD No (Rosetta Canyon) Improvement Area 1

23 City of Lake Elsinore EXHIBIT B December 16, 2004 CFD No (Rosetta Canyon) Page B-4 Rate and Method of Apportionment of Special Taxes subject to taxation under Section of the Act shall be taxed and classified according to its use. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for an Assessor s Parcel shall be made by reference to the building permit(s) issued for such Assessor s Parcel. "Residential Property" means all Assessor s Parcels of Developed Property for which a building permit permitting the construction thereon of one or more residential dwelling units has been issued by the City. "Resolution of Formation" means the Resolution of Formation for CFD No (IA No. 1). "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property, Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No (IA No. 1) to: (i) pay debt service on all Outstanding Bonds due in the calendar year commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No (IA No. 1) Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No (IA No. 1) Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax delinquencies based on the delinquency rate for the Special Tax levy in the previous Fiscal Year; (vi) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax levy on Undeveloped Property; 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 (IA No. 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. City of Lake Elsinore CFD No (Rosetta Canyon) Improvement Area 1

24 City of Lake Elsinore EXHIBIT B December 16, 2004 CFD No (Rosetta Canyon) Page B-5 Rate and Method of Apportionment of Special Taxes "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Property Owner Association Property, or Taxable Public Property. "Zone" means Zone 1 or Zone 2, as applicable. "Zone 1" means the land geographically identified within the boundaries of zone 1 as delineated in Exhibit A to this Rate and Method of Apportionment. "Zone 2" means the land geographically identified within the boundaries of zone 2 as delineated in Exhibit A to this Rate and Method of Apportionment. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No (IA No. 1) shall be assigned to a Zone and further 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 this Rate and Method of Apportionment determined pursuant to Sections C and D below. Residential Property shall be assigned to Land Use Classes 1 through 11 as listed in Table 1 below based on the Residential Floor Area for each unit. Non-Residential Property shall be assigned to Land Use Class 12. C. MAXIMUM SPECIAL TAX RATE 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 Assigned Special Tax for each Land Use Class is shown below in Table 1. City of Lake Elsinore CFD No (Rosetta Canyon) Improvement Area 1

25 City of Lake Elsinore EXHIBIT B December 16, 2004 CFD No (Rosetta Canyon) Page B-6 Rate and Method of Apportionment of Special Taxes TABLE 1 Assigned Special Taxes for Developed Property Community Facilities District No Improvement Area No. 1 Fiscal Year Land Residential Floor Zone 1 Zone 2 Use Description Area Assigned Assigned Class Special Tax Special Tax 1 Residential Property > 3,950 s.f. $2, per unit $3, per unit 2 Residential Property 3,701 3,950 s.f. $2, per unit $3, per unit 3 Residential Property 3,451 3,700 s.f. $2, per unit $3, per unit 4 Residential Property 3,201 3,450 s.f. $2, per unit $2, per unit 5 Residential Property 2,951 3,200 s.f. $2, per unit $2, per unit 6 Residential Property 2,701 2,950 s.f. $2, per unit $2, per unit 7 Residential Property 2,451 2,700 s.f. $2, per unit $2, per unit 8 Residential Property 2,201 2,450 s.f. $2, per unit $2, per unit 9 Residential Property 1,951 2,200 s.f. $2, per unit $2, per unit 10 Residential Property 1,700 1,950 s.f. $2, per unit $2, per unit 11 Residential Property < 1,700 s.f. $2, per unit $2, per unit 12 Non-Residential Property c. Increase in the Assigned Special Tax NA $14,337 per Acre $14,043 per Acre The Assigned Special Taxes identified in Table 1 above shall be applicable for Fiscal Year , and shall increase thereafter, commencing on July 1, 2006 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. d. Backup Special Tax The Fiscal Year Backup Special Tax attributable to a Final Subdivision in Zone 1 or Zone 2 will equal $16,285 multiplied by the Acreage of all Taxable Property, exclusive of any Taxable Property Owner Association Property and Taxable Public Property, therein. The Backup Special Tax for each Assessor s Parcel of Residential Property shall be computed by dividing the Backup Special Tax attributable to the applicable Final Subdivision by the number of Assessor s Parcels for City of Lake Elsinore CFD No (Rosetta Canyon) Improvement Area 1

26 City of Lake Elsinore EXHIBIT B December 16, 2004 CFD No (Rosetta Canyon) Page B-7 Rate and Method of Apportionment of Special Taxes which building permits for residential construction have or may be issued (i.e., the number or residential lots). The Backup Special Tax for each Assessor s Parcel of Non-Residential Property therein shall equal $16,285 multiplied by the Acreage of such Assessor s Parcel. If a Final Subdivision includes Assessor s Parcels of Taxable Property for which building permits for both residential and non-residential construction may be issued, exclusive of Taxable Property Owner Association Property and Taxable Public Property, then the Backup Special Tax for each Assessor s Parcel of Residential Property shall be computed exclusive of the Acreage and Assessor s Parcels of property for which building permits for non-residential construction may be issued. Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s) described in the preceding paragraphs is subsequently changed or modified, then the Backup Special Tax for each Assessor s Parcel of Developed Property in such Final Subdivision area that is changed or modified shall be a rate per square foot of Acreage calculated as follows: 1. Determine the total Backup Special Taxes anticipated to apply to the changed or modified Final Subdivision area prior to the change or modification. 2. The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified Final Subdivision area, as reasonably determined by the CFD Administrator. 3. The result of paragraph 2 above shall be divided by 43,560. The result is the Backup Special Tax per square foot of Acreage which shall be applicable to Assessor's Parcels of Developed Property in such changed or modified Final Subdivision area for all remaining Fiscal Years in which the Special Tax may be levied. i. Release of Obligation to Pay and Disclose Backup Special Tax All Assessors Parcels within CFD No (IA No. 1) will be relieved simultaneously and permanently from the obligation to pay and disclose the Backup Special Tax if the CFD Administrator determines that the annual debt service required for the Outstanding Bonds, when compared to the Assigned Special Taxes that may be levied against all Assessors Parcels of Developed Property result in 110% debt service coverage (i.e., the Assigned City of Lake Elsinore CFD No (Rosetta Canyon) Improvement Area 1

27 City of Lake Elsinore EXHIBIT B December 16, 2004 CFD No (Rosetta Canyon) Page B-8 Rate and Method of Apportionment of Special Taxes Special Taxes that may be levied against all Developed Property in each remaining Fiscal Year based on then existing development in CFD No (IA No. 1) is at least equal to the sum of (i) the Administrative Expenses and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds). e. Increase in the Backup Special Tax On each July 1, commencing on July 1, 2006, the Backup Special Tax shall be increased by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. f. 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 levied on an Assessor s Parcel shall be the sum of the Maximum Special Tax for all Land Use Classes located on that Assessor s Parcel. The CFD Administrator s allocation to each type of property shall be final. 2. Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property The Fiscal Year Maximum Special Tax for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property in Zone 1 or Zone 2 shall be $16,285 per Acre, and shall increase thereafter, commencing on July 1, 2006 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year and for each following Fiscal Year, the City Council shall levy the Special Tax until the amount of Special Taxes levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor s Parcel of Developed Property in Zone 1 and Zone 2 in an amount equal to 100% of the applicable Assigned Special Tax; 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 in Zone 1 and Zone 2 at up to 100% of the applicable Maximum Special Tax for Undeveloped Property; City of Lake Elsinore CFD No (Rosetta Canyon) Improvement Area 1

28 City of Lake Elsinore EXHIBIT B December 16, 2004 CFD No (Rosetta Canyon) Page B-9 Rate and Method of Apportionment of Special Taxes 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 in Zone 1 and Zone 2 whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased Proportionately 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 first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor s Parcel of Taxable Property Owner Association Property and Taxable Public Property in Zone 1 and Zone 2 at up to the applicable Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public Property. Notwithstanding the above the City Council may, in any Fiscal Year, levy Proportionately less than 100% of the Assigned Special Tax in step one (above), when (i) the City Council is no longer required to levy the Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement; and (ii) all authorized CFD No (IA No. 1) Bonds have already been issued or the City Council has covenanted that it will not issue any additional CFD No (IA No. 1) Bonds (except refunding bonds) to be supported by the Special Tax. Further 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 (IA No. 1). E. EXEMPTIONS No Special Tax shall be levied on up to Acres of Property Owner Association Property and/or Public Property in CFD No (IA No. 1). Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property. However, should an Assessor s Parcel no longer be classified as Property Owner Association Property or Public Property, its tax-exempt status will be revoked. Property Owner Association Property or Public Property that is not exempt from Special Taxes under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public Property. City of Lake Elsinore CFD No (Rosetta Canyon) Improvement Area 1

29 City of Lake Elsinore EXHIBIT B December 16, 2004 CFD No (Rosetta Canyon) Page B-10 F. MANNER OF COLLECTION Rate and Method of Apportionment of Special Taxes The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No (IA No. 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. G. APPEALS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor s Parcel is in error may submit a written appeal to CFD No (IA No. 1). The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified. The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the City Council shall be final and binding as to all persons. H. PREPAYMENT OF SPECIAL TAX The following definitions apply to this Section H: "Buildout" means, for CFD No (IA No. 1), that all expected building permits have been issued. "CFD Public Facilities" means either $16,190,781 in 2004 dollars, which shall increase by the Construction Inflation Index on July 1, 2005, 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 (IA No. 1) under the authorized bonding program for CFD No (IA No. 1), or (ii) shall be determined by the City Council concurrently with a covenant that it will not issue any more CFD No (IA No. 1) Bonds (except refunding bonds) to be supported by the Special Taxes levied under this Rate and Method of Apportionment as described in Section D. "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 Improvement Fund, (ii) moneys currently on deposit in the City of Lake Elsinore CFD No (Rosetta Canyon) Improvement Area 1

30 City of Lake Elsinore EXHIBIT B December 16, 2004 CFD No (Rosetta Canyon) Page B-11 Rate and Method of Apportionment of Special Taxes Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected to be available to finance the cost of CFD Public Facilities. "Improvement Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct CFD Public Facilities eligible under the Act. "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. 1. Prepayment in Full Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The obligation of the Assessor s Parcel to pay any Special Tax may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor s Parcel 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 for 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 CFD No (IA No. 1) Bonds from the proceeds of such prepayment may be given by 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 As of the proposed date of prepayment, the Special Tax Prepayment Amount shall be calculated as follows: City of Lake Elsinore CFD No (Rosetta Canyon) Improvement Area 1