HomeMy WebLinkAbout08-126 - Resolutions RESOLUTION NO. 08-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RE-
ESTABLISHING ANNUAL SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT 2004-01 (RANCHO
ETIWANDA ESTATES) FOR FISCAL YEAR 2008-2009
Recitals
WHEREAS, by its Resolution No. 04-295,adopted on September 15, 2004,the City
Council of the City of Rancho Cucamonga, California (the "City Council'), pursuant to the Mello-
Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government
Code)(the"Act')established City of Rancho Cucamonga Community Facilities District No. 2004-01
(the "District'); and
WHEREAS, at an election held on September 15, 2004, the qualified electors
unanimously approved the levy of a special tax (the "Special Tax"); and
WHEREAS, by its Ordinance No. 735 (the "Ordinance"), adopted on October 06,
2004 the City Council authorized the levy of the Special Tax in accordance with the Act; and
WHEREAS, on June 28, 2006,the District delivered its$43,545,000 City of Rancho
Cucamonga Community Facilities District No. 2004-01 Special Tax Bonds (the 'Bonds"); and
WHEREAS, in a Fiscal Agent Agreement dated as of May 01, 2006 by and between
the City and Wells Fargo Bank, National Association (the"Fiscal Agent'),the City covenanted to fix
and levy the Special Tax for each fiscal year in an amount required for the payment of principal and
interest on the Bonds becoming due and payable during that fiscal year, plus administrative
expenses, but taking into account certain balances in funds held by the Fiscal Agent (the
"Covenant'); and
WHEREAS, interest will become due and payable on the Bonds during Fiscal Year
2008-2009 in an amount exceeding funds held by the Fiscal Agent and designated forthe payment
for such interest; and
WHEREAS, the City Council intends to levy the Special Tax for Fiscal Year 2008-
2009 as authorized by the Ordinance and required by the Covenant; and
WHEREAS,the City Council intends to provide for the collection of such Special Tax
for Fiscal Year 2008-2009 by City staff.
NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: That the specific rate and amount of the Special Tax to be collected to
pay for the costs and expenses for Fiscal Year 2008-2009 for the District is hereby determined and
established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated
herein by reference
SECTION 3: That the rate as set forth above does not exceed the amount as
previously authorized by Ordinance of this legislative body, and is not in excess of that as previously
approved by the qualified electors of the District.
Resolution No. 08-126
Page 2 of 13
SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or
in part, the costs of the following, in the following order of priority:
A. Payment of principal and interest on any outstanding authorized bonded
indebtedness;
B. Necessary replenishment of bond reserve funds or other reserve funds;
C. Payment of costs and expenses of authorized public facilities and public
services, and incidental expenses pursuant to the Act; and
D. Repayment of advances and loans, if appropriate.
The proceeds of the special taxes shall be used as set forth above, and shall not be
used for any other purpose.
SECTION 5: The special tax shall be collected in the same manner as ordinary ad
valorem property taxes are collected, and shall be subject to the same penalties and same
procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is
hereby authorized to deduct reasonable administrative costs incurred in collecting any said special
tax.
SECTION 6: All monies collected pursuant to this Resolution shall be paid into the
Community Facilities District funds, including any bond fund and reserve fund.
SECTION 7: The Auditor of the County is hereby directed to enter in the next
county assessment roll on which taxes will become due,opposite each lot or parcel of land effected
in a space marked "public improvements, special tax", or by any other suitable designation, the
installment of the special tax, and for the exact rate and amount of said tax, reference is made to the
attached Annual Report
SECTION 8: The County Auditor shall then,at the close of the tax collection period,
promptly render to this Agency a detailed report showing the amount and/or amounts of such
special tax installments, interest, penalties and percentages so collected and from what property
collected, and also provide a statement of any percentages retained for the expense of making any
such collection.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 08-126
Page 3 of 13
PASSED, APPROVED, AND ADOPTED this 4`h day of June 2008.
AYES: Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: Kurth
ABSTAINED: None
L.I)erfnis Michael, Mayor P o Tem
ATTEST:
Debra J. Adanv
MC, City Clerk
I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga, California,do
hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City
Council of the City of Rancho Cucamonga, California,at a Regular Meeting of said City Council held
on the 4`h day of June 2008.
Executed this 5'h day of June 2008, at Rancho Cucamonga, California.
Debra'-J. Adams, C City Clerk
Resolution No. 08-126
Page 4 of 13
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2004-01
(RANCHO ETIWANDA ESTATES)
EXHIBIT "A"
The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the
rate and method of apportionment of the Special Taxes for Fiscal Year 2008/2009.
CLASSIFICATION OF PARCELS
Each Fiscal Year, all Taxable Property within CFD No. 2004-01 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 E below. Residential Property shall be
assigned to Land Use Classes 1 through 5 and Non-Residential Property shall be assigned to Land
Use Class 6.
The Maximum Special Tax for Residential Property shall be based on the Residential Floor Area of
the dwelling unit(s) located on the Assessor's Parcel. The Maximum Special Tax for Non-
Residential Property shall be based on the Acreage of the Assessor's Parcel. The Maximum
Special Tax for any Assessor's Parcel of Developed Property containing more than one Land Use
Class shall be determined pursuant to Section C below.
A. _ MAXIMUM SPECIAL TAX
1. Developed Property
(a) Maximum Special Tax
The Maximum Special Tax for each Assessor's Parcel classified as
Developed Property is shown below in Table 1.
Resolution No 08-126
Page 5 of 13
TABLE 1
Maximum Special Tax for Developed Property in
Community Facilities District No 2004-01
Land Use
Class Description Residential Floor Area Maximum Special Tax
1 Residential Property more than 4,000 SF $5,555 per unit
2 Residential Property 3,801 - 4,000 SF $5,325 per unit
3 Residential Property 3,601 - 3,800 SF $5,151 per unit
4 Residential Property 3,400 - 3,600 SF $4,896 per unit
5 Residential Property less than 3,400 SF $4,410 per unit
6 Non-Residential Property NA $19,813 per Acre
(a) 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 Taxes for all
Land Use Classes located on that Assessor's Parcel For an Assessor's
Parcel that contains both Residential Property and Non-Residential Property,
the Acreage of such Assessor's Parcel shall be allocated to each type of
property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's
Parcel The CFD Administrator's allocation to each type of property shall be
final
2 Undeveloped Property,Taxable Public Property, and Taxable Property Owner
Association Property
(a) Maximum Special Tax
The Maximum Special Tax for Undeveloped Property, Taxable Public
Property, and Taxable Property Owner Association Propertyshall be$21,216
per Acre
Resolution No 08-126
Page 6 of 13
B. SPECIAL TAX BUYDOWN
All of the requirements of this Section D, which describes the need for a Special Tax
Buydown that may result from a change in development as determined pursuant to this
Section D, shall only apply after the sale of Bonds by CFD No 2004-01 The following
definitions apply to this Section
"Certificate of Satisfaction of Special Tax Buydown" means a certificate from the CFD
Administrator stating that the property described in such certificate has sufficiently met the
Special Tax Buydown Requirement for such property as calculated under this Section
"Letter of Compliance"means a letter from the CFD Administrator allowing the issuance of
building permits based on the prior submittal of a Request for Letter of Compliance by a
property owner
"Special Tax Buydown Requirement" means the total amount of Special Tax Buydown
necessary to be prepaid to permit the issuance of building permits listed in a Request for
Letter of Compliance, as calculated under this Section D
"Update Property" means an Assessor's Parcel of Undeveloped Property for which a
building permit has been issued For purposes of all calculations in this Section D, Update
Property shall be taxed as if it were already Developed Property during the current Fiscal
Year
1 Request for Letter of Compliance
The CFD Administrator must submit a Letter of Compliance to the City for a specific
Assessor's Parcel or lot prior to the issuance by the City of a building permit for the
construction of any residential and/or non-residential development on that Assessor's Parcel
or lot If a Letter of Compliance has not yet been issued, and a property owner wishes to
request a building permit for an Assessor's Parcel or lot, the property owner must first
request a Letter of Compliance from the CFD Administrator The request from the property
owner shall contain a list of all building permits currently being requested, the Assessor's
Parcels or tract and lot numbers on which the construction is to take place, and the
Residential Floor Area (for each residential dwelling unit) or the Acreage (for each non-
residential parcel) associated with each building permit
2. Issuance of Letter of Compliance
Upon the receipt of a Request for Letter of Compliance, the CFD Administrator shall assign
each building permit identified in such request to Land Use Classes 1 through 6 as listed in
Table 2 below, based on the type of use and the Residential Floor Area identified for each
such building permit If the CFD Administrator determines (i) that the number of building
permits requested for each Land Use Class, plus those building permits previously issued
for each Land Use Class, will not cause the total number of residential units or non-
residential Acreage within any such Land Use Class to exceed the number of units or
Acreage for such Land Use Class identified in Table 2 below,and (u)that the total number of
residential dwelling units anticipated to be constructed pursuant to the current development
plan for CFD No 2004-01 shall not be less than 632, then a Letter of Compliance shall be
submitted to the City by the CFD Administrator approving the issuance of the requested
building permits This Letter of Compliance shall be submitted to the City by the CFD
Administrator within ten days of the submittal of the Request for Letter of Compliance bythe
property owner However, should (i) the building permits requested, plus those previously
Resolution No 08-126
Page 7 of 13
issued, cause the total number of residential units or non-residential Acreage within any
such Land Use Class to exceed the number of units or non-residential Acreage for such
Land Use Class identified in Table 2 below, or (u) the CFD Administrator determine that
changes in the development plan may cause a decrease in the number of residential
dwelling units within CFD No 2004-01 to below 632 dwelling units, then a Letter of
Compliance will not be issued and the CFD Administrator will be directed to determine if a
Special Tax Buydown shall be required
TABLE 2
Expected Dwelling Units and Non-Residential Acreage per Land Use Class
Community Facilities District No 2004-01
Land Use
Class Description Residential Floor Area Number of Units/Acres
1 Residential Property more than 4,000 SF 70 units
2 Residential Property 3,801 -4,000 SF 110 units
3 Residential Property 3,601 - 3,800 SF 185 units
4 Residential Property 3,401 - 3,600 SF 92 units
5 Residential Property less than 3,400 SF 175 units
6 Non-Residential Property NA 0 00 acres
3 Calculation of Special Tax Buydown
If a Special Tax Buydown calculation is required as a result of item 2, above, the CFD
Administrator shall review the current development plan for CFD No 2004-01 in consultation
with the current property owners for all remaining Undeveloped Property in CFD No 2004-
01, and shall prepare an updated version of Table 2 identifying the revised number of units
or non-residential Acreage anticipated within each Land Use Class The CFD Administrator
shall not be responsible for any delays in preparing the updated Table 2 that result from a
refusal on the part of one or more current property owners of Undeveloped Property to
provide information on their future development
The CFD Administrator shall then review the updated Table 2 and determine the Special Tax
Buydown Requirement, if any, to be applied to the property identified in the Request for
Letter of Compliance to assure the CFD's ability to collect special taxes equal to 110%debt
service coverage on the Outstanding Bonds, plus the cost of annual CFD administration
The calculations shall be undertaken by the CFD Administrator, based on the data in the
updated Table 2, as follows
Resolution No 08-126
Page 8 of 13
Step 1 Compute the sum of the Maximum Special Tax to be levied on all Developed
Property and Update Property within CFD No 2004-01, plus the sum of
the Maximum Special Tax to be levied on all future development as
identified in the current development plan as determined by the CFD
Administrator in consultation with the property owner(s)
Step 2 Determine the amount of Special Tax required to provide 110%debt service
coverage on the Outstanding Bonds, plus any other costs associated
with the Special Tax Requirement
Step 3 If the total sum computed pursuant to step 1 is greater than or equal to the
amount computed pursuant to step 2, then no Special Tax Buydown will
be required and a Letter of Compliance shall immediately be issued by
the CFD Administrator for all of the building permits currently being
requested If the total sum computed pursuant to step 1 is less than the
amount computed pursuant to step 2, then continue to step 4
Step 4 Determine the Maximum Special Tax shortfall by subtracting the total sum
computed pursuant to step 1 from the amount computed pursuant to step
2 Divide this Maximum Special Tax shortfall by the amount computed
pursuant to step 2
Step 5 The Special Tax Buydown Requirement shall be calculated using the
prepayment formula described in Section 11, with the following
exceptions (i) skip Paragraphs 1, 2 and 3, and begin with Paragraph 4,
(n) the Bond Redemption Amount in Paragraph 4 of the prepayment
formula described in Section 1 1 shall equal the product of the quotient
computed pursuant to step 4 above times the Previously Issued Bonds,
as defined in Section 1 1, (ui)the Capitalized Interest Credit described in
Paragraph 11 of Section I 1 shall be $0, and (iv) any payments of the
Special Tax Buydown (less Administrative Fees and Expenses)shall be
disbursed pursuant to the Indenture
The Special Tax Buydown computed under step 5 shall be billed directly to the property
owner of each Assessor's Parcel identified in the Request for Letter of Compliance and shall
be due within 30 days of the billing date If the Special Tax Buydown is not paid within 45
days of the billing date, a delinquent penalty of 10 percent shall be added to the Special Tax
Buydown Upon receipt of the Special Tax Buydown payment, the CFD Administrator shall
issue a Letter of Compliance and a Certificate of Satisfaction of Special Tax Buydown for the
subject property
4. Costs and Expenses Related to Implementation of Special Tax Buydown
The property owner of each Assessor's Parcel identified in the Request for Letter of
Compliance shall pay all costs of the CFD Administrator or other consultants required to
review the application for building permits, calculate the Special Tax Buydown,issue Letters
of Compliance or any other actions required under Section D Such payments shall be due
30 days after receipt of invoice by such property owner A deposit maybe required by the
CFD Administrator prior to undertaking work related to the Special Tax Buydown
Resolution No 08-126
Page 9 of 13
C. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-06 and for each following Fiscal Year,the Council shall
determine the Special Tax Requirement and shall levy the Special Tax until the total Special
Tax levy 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
an amount equal to 100% of the applicable Maximum 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 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 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,
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 Public Property at up to the Maximum Special Tax for
Taxable Public Property,
Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less
than 100% of the Maximum Special Tax in step one (above), when (i) the 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 (u) all authorized CFD No 2004-01 Bonds have
already been issued or the Council has covenanted that it will not issue any additional CFD
No 2004-01 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 2004-01
D EXEMPTIONS
No Special Tax shall be levied on up to 78 75 Acres of Public Property and/or 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 longer be
classified as Public Property or Property Owner Association Property its tax-exempt status
will be revoked
Resolution No 08-126
Page 10 of 13
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
Proportionately as part of the third and fourth steps in Section E above, at up to 100%of the
applicable Maximum Special Tax for Taxable Public Property or Taxable Property Owner
Association Property
E APPEALS AND INTERPRETATIONS
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 2004-01 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 Council may interpret this Amended and Restated Rate and Method of Apportionment
of Special Tax 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 Council shall be final and binding as to all persons
F. 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 2004-01 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 PREPAYMENT OF SPECIAL TAX
The following definition applies to this Section
"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
Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a
building permit has been issued, may be prepaid The Special Tax obligation applicable to
an Assessor's Parcel in CFD No 2004-01 may only be prepaid after all authorized CFD No
2004-01 Bonds have already been issued, or after the Council has covenanted that it will not
issue any additional CFD No 2004-01 Bonds (except refunding bonds)to be supported by
Special Taxes levied under this Amended and Restated Rate and Method of Apportionment
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 of such Assessor's Parcel
Prepayment must be made not less than 45 days prior to any redemption date for the CFD
No 2004-01 Bonds to be redeemed with the proceeds of such prepaid Special Taxes
Resolution No 08-126
Page 11 of 13
The Prepayment Amount(defined below)shall be calculated as summarized below
(capitalized terms as defined below)
Bond Redemption Amount
plus Redemption Premium
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 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 Maximum Special Tax
for the Assessor's Parcel to be prepaid For Assessor's Parcels of Undeveloped
Property for which building permits have already been issued, compute the
Maximum Special Tax for the Assessor's Parcel to be prepaid as though it were
already designated as Developed Property, based upon the building permit which
has been issued for that Assessor's Parcel
3 Divide the Maximum Special Tax computed pursuant to paragraph 2 by the
estimated Maximum Special Taxes for CFD No 2004-01 based on the Developed
Property Special Taxes which could be charged in the current Fiscal Year on all
expected development in CFD No 2004-01,excluding any Assessor's Parcels which
have been prepaid, and
4 Multiply the quotient computed pursuant to paragraph 3 by the Previously Issued
Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid,
and
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
Previously Issued Bonds to be redeemed (the "Redemption Premium")
6 Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date not covered by the current Fiscal
Year Special Taxes until the earliest redemption date for the Previously Issued
Bonds
7 Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year that have not yet been paid
8 Add the amounts computed pursuant to paragraphs 6 and 7
9 Compute the net present value of the amount computed pursuant to paragraph 8,
using as a discount rate the rate of return reasonably assumed for the conservative
investment of these funds by the CFD Administrator(the "Defeasance Amount")
Resolution No 08-126
Page 12 of 13
10 The administrative fees and expenses of CFD No 2004-01 are as calculated by the
CFD Administrator and include the costs of computation of the prepayment, the
costs to invest the prepayment proceeds, the costs of redeeming CFD No 2004-01
Bonds, and the costs of recording any notices to evidence the prepayment and the
redemption (the "Administrative Fees and Expenses")
11 The reserve fund credit(the"Reserve Fund Credit")shall equal the lesser of (a)the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Previously Issued Bonds as a result of the
prepayment, or (b)the amount derived by subtracting the new reserve requirement
(as defined in the Indenture) in effect after the redemption of Previously Issued
Bonds as a result of the prepayment from the balance in the reserve fund on the
prepayment date, but in no event shall such amount be less than zero No Reserve
Fund Credit shall be granted if the amount then on deposit in the reserve fund for the
Previously Issued Bonds is below 100% of the reserve requirement (as defined in
the Indenture)
12 If any capitalized interest for the Previously Issued Bonds will not have been
expended as of the date immediately following the first bond interest and/or principal
payment date following the current Fiscal Year, a capitalized interest credit shall be
calculated by multiplying the quotient computed pursuant to paragraph 3 by the
expected balance in the capitalized interest fund after such first interest and/or
principal payment (the "Capitalized Interest Credit")
13 The Special Tax prepayment is equal to the sum of the amounts computed pursuant
to paragraphs 4, 5, 9, and 10, less the amounts computed pursuant to
paragraphs 11 and 12 (the "Prepayment Amount")
From the Prepayment Amount,the amounts computed pursuant to paragraphs 4,5,9, 10,11
and 12 shall be deposited into the appropriate fund as established under the Indenture and
be used to redeem Previously Issued Bonds, as applicable,or make scheduled debt service
payments or to pay administrative expenses related to the prepayment of the Special Tax
The Prepayment Amount may be insufficient to redeem a full $5,000 increment of CFD No
2004-01 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 CFD No 2004-01 Bonds or to make scheduled debt service payments on
such bonds
Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as
determined under paragraph 7 (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 Assessor's Parcel for which the Special Tax obligation is prepaid in full in
accordance with this Section I , the Council shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of Special Taxes and the release of the
Special Tax lien on such Assessor's Parcel,and the obligation of such Assessor's Parcel to
pay the Special Tax shall cease
Resolution No 08-126
Page 13 of 13
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless, at the
time of such proposed prepayment, the amount of Maximum Special Taxes that may be
levied on Taxable Property within CFD No 2004-01 (after excluding 78 75 Acres of Public
Property and Property Owner Association Property as set forth in Section F) both prior to
and after the proposed prepayment is at least 1 1 times the maximum annual debt service
on all Previously Issued Bonds, plus the cost of annual CFD administration
H. TERM OF SPECIAL TAX
The Special Tax shall be levied fora period not to exceed fifty years commencing with Fiscal
Year 2005-06, provided however that Special Taxes will cease to be levied in an earlier
Fiscal Year if the CFD Administrator has determined (i)thatall required interest and principal
payments on the CFD No 2004-01 Bonds have been paid, and (u) all Authorized Facilities
have been constructed