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HomeMy WebLinkAbout00-170 - Resolutions RESOLUTION NO. 00-170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OF CERTAIN PUBLIC FACILITIES WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council'), received a petition from the owners of certain property located within the City of Rancho Cucamonga identified as Tract No. 15711 requesting that the City Council initiate proceedings to consider the formation of a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act') to finance the acquisition of certain public facilities; and WHEREAS,pursuant to such petition the City Council desires to initiate proceedings to consider the formation of such community facilities district which shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) (the "District'); and, WHEREAS, this City Council is now required to proceed to adopt its Resolution of Intention to initiate the proceedings for the establishment of such District,to set forth the boundaries for such District, to indicate the type of public facilities proposed to be financed by such District, to indicate the rate and apportionment of a special tax sufficient to finance the acquisition of such public facilities and the administration of the District and any indebtedness incurred by the District,to set a time and place for a public hearing relating to the establishment of such District; and WHEREAS, a map of such District has been submitted showing the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District. SECTION 1: Recitals. The above recitals are all true and correct. SECTION 2: Initiation Of Proceedings. These proceedings are initiated by this City Council pursuant to the authorization of Section 53318 of the Government Code of the State of California. SECTION 3: Boundaries Of District. It is the intention of this City Council to establish a Community Facilities District pursuant to the provisions of the Act, and to determine the boundaries and parcels on which special taxes may be levied to finance the acquisition of certain public facilities. A description of the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District is as follows: Resolution No. 00-170 Page 2 of 15 All that property as shown on a map as previously approved by this City Council, such map designated by the name of this Community Facilities District, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 4: Name Of District. The name of the proposed Community Facilities District to be established shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA). SECTION 5: Description Of Public Facilities. It is the further intention of this City Council to finance the acquisition of certain public facilities. A general description of the type of public facilities to be acquired is set forth in Exhibit A attached hereto and incorporated herein by this reference. The types of facilities described in Exhibit A are facilities which this legislative body is authorized by law to contribute revenue to or to construct, own or operate. It is hereby further determined that the proposed public facilities are necessary to meet increased demands and needs placed upon the City and other public agencies as a result of development within the District. The cost of acquiring such public facilities includes incidental expenses where applicable including, but not limited to, the costs of planning and designing such facilities; all costs associated with the establishment of the District,the issuance and administration of bonds, including the payment of any rebate obligation due and owing to the federal government, the determination of the amount of any special taxes to be levied, the coasts of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District, together with any other expenses incidental to the acquisition, construction, completion and inspection of such facilities. SECTION 6: Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to pay for such public facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the boundaries of such District. For further particulars as to the rate and method of apportionment of the Resolution No. 00-170 Page 3 of 15 proposed special tax, reference is made to the attached and incorporated Exhibit B,which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to clearly estimate the maximum amount that such person will have to pay. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. SECTION 7: Public Hearing. NOTICE IS GIVEN THAT ON THE 18TH DAY OF OCTOBER, 2000,AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX, AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. THAT AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING TAXPAYERS AND PROPERTY OWNERS MAY APPEAR AND BE HEARD, AND THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE DISTRICT, THE EXTENT OF THE DISTRICT, OR THE FINANCING OF THE PUBLIC FACILITIES,WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK OF THE CITY COUNCIL ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. Resolution No. 00-170 Page 4 of 15 IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF THE DISTRICT IS FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH MAJORITY PROTEST IS LIMITED TO CERTAIN FACILITIES OR PORTIONS OF THE SPECIAL TAX, THOSE FACILITIES OR THAT TAX SHALL BE ELIMINATED BY THE CITY COUNCIL, SECTION 8: Election. If, following the public hearing described in the Section above, the City Council determines to establish the District and proposes to levy a special tax within the District, the City Council shall then submit the levy of the special taxes to the qualified electors of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the District for each of the ninety(90)days preceding the close of the public hearing, the vote shall be by registered voters of the District, with each voter having one(1)vote. 'Otherwise,the vote shall be by the landowners of the District who were the owners of record at the close of the subject hearing, with each landowners or the authorized representative thereof, having one(1)vote for each acre or portion of an acre of land owned within the District. SECTION 9: Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation,such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7)days prior to the date set for the public hearing. SECTION 10: Reservation Of Rights To Authorize Tender Of Bonds. The City Council reserves to itself, in its capacity as the legislative body of the District if formed,the right and authority to allow any interested owner of property within the District, subject to the provisions of Government Code Section 53344.1 and to such conditions as this City Council may impose, and any applicable prepayment penalties as may be described in the bond indenture or comparable instrument or document, to tender to the Treasurer of the City of Rancho Cucamonga, acting for and on behalf of the District, in full payment or part payment of any installment of the special Resolution No. 00-170 Page 5 of 15 taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender. SECTION 11: Advances Of Funds Or Work-In-Kind. At any time either before or after the formation of the District, the City Council may accept advances of funds or work-in- kind from any source, including, but not limited to, private persons or private entities and may 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 cost incurred by the City in creating the District. The City may enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds so advanced, or to reimburse the person or entity for the value, or cost,whichever is less, of the work- in-kind, as determined by the City Council. The City has entered into a Community Facilities District Reimbursement Agreement with Catellus Development Corporation to provide for such advances for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of the District and to subsequently authorize, issue and sells bonds', for, the District. Such advances are subject to reimbursement pursuant to the terms of such agreement. No such agreement shall constitute a debt or liability of the City. v Please See Next Page for Formal Adoption and Signatures Resolution No. 00-170 Page 6 of 15 PASSED, APPROVED, AND ADOPTED this 6'h day of September 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. Ale nder, Mayor ATTEST: Debra J. Adams, C, 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 6`h day of September 2000. Executed this 7'h day of September, at Rancho Cucamonga, California. Debra J. Adam MC, City Clerk Resolution No. 00-170 Page 7 of 15 Exhibit "A" Description of Public Facilities The types of public facilities proposed to be financed by the District shall include: Flood control and storm drain facilities and appurtenances. A-1 Resolution No. 00-170 EXHIBIT "B" Page 8 of 15 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (South Etiwanda) CITY OF RANCHO CUCAMONGA A Special Tax, shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2000-01 ("CFD"). The amount of Special Tax to be levied each Fiscal Year, commencing in Fiscal Year 2001-2002 on a Parcel shall be determined by the City Council of the City of Rancho Cucamonga, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax for "Developed Property" and "Undeveloped Property" as set forth in Sections B, C, and D below. All of the real property within the CFD, unless exempted by law or by the provisions hereof in Section E., 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: "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the State of California. "Administrative Expenses" means all actual or reasonably estimated costs and expenses of the City to carry out its duties as the administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax, any litigation involving the CFD, continuing disclosure undertakings of the City as imposed by applicable laws and regulations, communication with bondholders and administrative expenses. "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. "Assessor's Parcel Map" means an official map of the Assessor of the County of San Bernardino designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property, as determined in accordance with Section CA.a. below. "Assigned Special Tax Revenue" means the sum of the Assigned Special Tax for all Developed Property projected at buildout of the CFD, as determined in accordance with Section C, Table 1. "Backup Special Tax" means the Special Tax amount set forth in Section CA.b. below. City of Rancho Cucamonga August 17, 2000 Community Facilities DistrictNo. 2000-01 B-1 Page 1 Resolution No. 00-170 Page 9 of 15 "Backup Special Tax Revenue" means the sum of the Backup Special Tax for all Developed Property projected at buildout of the CFD, as determined in accordance with Section C below. "Bonds" means any bonds or other indebtedness (as defined in the Act) issued by the CFD and secured by the levy of Special Taxes. "Bond Share" means the share of Bonds assigned to a Taxable Parcel as specified in Section G. "CFD" means Community Facilities District No. 2000-01 (South Etiwanda) of the City established pursuant to the Act. "City" means the City of Rancho Cucamonga within the State of California. "Debt Service" means for each calendar year, the total scheduled amount of principal and interest payable on any Outstanding Bonds during the calendar year commencing on January 1 of such Fiscal Year. "Developed Property" means all Parcels of Taxable Property that have been issued a building permit prior to March Vt preceding the Fiscal Year for which the Special Tax is being levied. "Exempt Property" means any Parcel or portion of a Parcel, which is exempt from Special Taxes pursuant to Section E. below. "Final Map" 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 66410 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 on July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Category" means any of the categories listed in Table 1. "Maximum Annual Special Tax" means the maximum Special Tax, determined in accordance with Section C, which can be levied in any Fiscal Year on any Parcel. "Maxirirum Special Tax Revenue" means the sum of the Maximum Annual Special Tax for all of the.Texable Parcels in the CFD. City of Rancho Cucamonga August 17, 2000 Community Facilities District'No. 2000-0.( Page 2 Resolution No. 00-170 Page 10 of 15 "Net Taxable Acre" means the acreage of a Parcel as indicated on the most recent Assessors Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area shown on the applicable Final Map, or other recorded City parcel map. "Non-Residential Property" means all Parcels of Developed Property for which a building permit was issued for any type of non-residential use. "Outstanding Bonds" means the total principal amount of Bonds that have been issued and not retired or defeased. "Parcel(s)" means a lot or parcel shown on an Assessors Parcel Map with an assigned parcel number as of January 1 preceding the Fiscal Year for which the Special Tax is being levied. "Parcel's Allocated Share" means the Maximum Annual Special Tax for a Parcel divided by the Maximum Annual Special Tax Revenue. "Payoff Parcel" means any Taxable Parcel for which a prepayment of the Special Tax Obligation is being calculated pursuant to Section G. "Property Owner's Association Property" means any property within the boundary of the CFD which, as of January 1 of the preceding Fiscal Year for which the Special Tax is being levied has been conveyed, dedicated to, or irrevocably dedicated to a property owner association, including any master or sub-association. "Public Property" means any Parcel within the boundary of the CFD which, as of January 1 of the preceding Fiscal Year for which the Special Tax is being levied is used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the county, City, or any other local jurisdiction, 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 according to its use. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property. For Undeveloped Property, Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to Section E., "Proportionately" means that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all such Parcels. "Reserve Fund" means the total amount held in any bond reserve fund established for the Outstanding Bonds of the CFD. "Reserve Fund- Share" is equal to the lesser of the Reserve Requirement or existing monies In the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Parcel's Allocated Share. City of Rancho Cucamonga August 17, 2000 Community Facilities District No: 2000-01 page 3 Resolution No. 00-170 Page 11 of 15 "Reserve Requirement" shall have the meaning given such term in the Indenture. "Residential Floor Area" means all of the square footage of living area of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio or similar area, on a Parcel. The determination of Residential Floor Area shall be made by reference to the building permit(s)for the Parcel. "Residential Property" means all Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Special Tax(es)" means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the Special Tax for the remaining life of the CFD. "Special Tax Requirement" means that amount required in any Fiscal Year by the CFD to pay: (i) annual debt service on all Outstanding Bonds; (ii) periodic,costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) Administrative Expenses; and (iv) any amounts required to establish or replenish any reserve funds for the Outstanding Bonds; less (v) a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture. "Taxable Property" means all Parcels in the CFD, which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means all Taxable Property not classified as Developed Property, Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. B. ASSIGNMENT TO LAND USE CATEGORY Each Fiscal Year, commencing with the 2001-2002 Fiscal Year, all Parcels of Taxable Property within the CFD shall be classified as either Developed Property, Undeveloped Property, Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions in Section E., and shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C., D., and E. below. Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. A Parcel of Residential Property shall further be classified to its appropriate Land Use Classification based on the Residential Floor Area of such Parcel. City ojRancho Cucamonga August 17, 2000 Community Facilities District No. 2000-01 Page 4 Resolution No. 00-170 Page 12 of 15 C. MAXIMUM SPECIAL TAX RATE 1. Developed Property The Maximum Special Tax for each Parcel classified as Developed Property shall be the greater of (i) the applicable Table 1 Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax. a. Assigned Special Tax The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1 below. TABLE 1 Assigned Special Taxes for Developed Property Community Facilities District No. 2000-01 Assigned Taxable Special Tax Land Use Category Unit Residential Floor Area Per Taxable Unit 1 -Residential Property D/U 2,901 sq.ft.or greater $900 2-Residential Property D/U 2,601 sq.ft.to 2,900 sq.ft. $875 3-Residential Property D/U 2,301 sq.ft.to 2,600 sq.ft. $850 4-Residential Property D/U 2,001 sq.ft.to 2,300 sq.ft. $825 5-Residential Property D/U 1,801 sq.ft.to 2,000 sq.ft. $800 6-Residential Property D/U 1,800 sq.ft.or less $775 7-Non-Residential Property Acre N/A $6,400 b. Backup Special Tax When a Final Map is recorded the Backup Special Tax for the Parcels within such Final Map area shall be determined by multiplying $6,400 by the total Net Taxable Acreage in such Final Map and dividing such amount by the number of Parcels (i.e., the number of residential lots) within such Final Map. If a Final Map within the CFD includes Parcels for which building permits for both residential and non-residential construction may be issued, then the Backup Special Tax for each Parcel of Residential Property within the CFD shall be computed by the Administrator exclusive of the allocable portion of total Net Taxable Acreage attributable to Parcels for which building permits for non-residential construction may be issued. 2. Undeveloped Property The Maximum Special Tax for each Parcel of Undeveloped Property shall be City ojRancho Cucamonga August 17, 2000 Community Facilities District No. 2000-01 Page 5 Resolution No. 00-170 Page 13 of 15 $6,400 per Net Taxable Acre. 3. Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to the provisions of Section E. The Maximum Special Tax for each Parcel of Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to the provisions of Section E., shall be$6,400 per Net Taxable Acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2001-2002 and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement and shall levy the Special Tax on all Taxable Property in the CFD until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement; 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 Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Parcel of Developed Property whose Maximum Special Tax is derived by 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 Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. at up to 100% of the Maximum Special Tax. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal year as a consequence of delinquency or default by the owner of any other Parcel within the CFD. E. EXEMPTIONS The City Councii shall not levy Special Taxes on up to 26.04 Net Taxable Acres of Public Property and Property Owner's Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in City of Rancho Cucamonga August 17, 2000 Community Facilities District No. 2000-01 Page 6 Resolution No. 00-170 Page 14 of 15 which property becomes Public Property and Property Owner's Association Property. After the limit of 26.04 Net Taxable Acres within the CFD has been reached, the Maximum Special Tax obligation for any additional Public Property and/or Property Owner's Association Property within the CFD shall be subject to the levy of the Special Tax as provided for in the fourth step in Section D. F. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary Ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the City 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 Parcels having delinquent Special Taxes as permitted by the Act. G. PREPAYMENT OF SPECIAL TAX Property owners may prepay and permanently satisfy the Special Tax Obligation on Developed Property ("Special Tax Prepayment") by a cash settlement with the City as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: The City determines that the prepayment of the Special Tax Obligation does not jeopardize its ability to make timely payments of Debt Service on Outstanding Bonds. No Special Tax Prepayment shall be allowed unless the Maximum Special Tax that may be levied on all Taxable Property other than the Parcel for which the Special Tax Obligation is being prepaid is at least 110% of the maximum annual Debt Service on the Outstanding Bonds. • Any property owner prepaying the Special Tax Obligation must pay any and all delinquent Special Taxes and penalties for the Payoff Parcel prior to prepayment. The amount of the Special Tax Prepayment shall be established by the following steps: Step 1: Determine the Assigned Special Tax and the Backup Special Tax for the Payoff Parcel based on the assignment of the Maximum Special Tax described in Section C above. Step 2: Divide the Assigned Special Tax for the Payoff Parcel from Step 1 by the Assigned Special Tax Revenue. Divide the Backup Special Tax for the Payoff Parcel by the Backup Special Tax Revenue. The greater amount calculated in this City of Rancho Cucamonga August 17, 2000 Community Facilities District No. 2000-01 page 7 Resolution No. 00-170 Page 15 of 15 step shall be the Payoff Parcel's Allocated Share. Step 3: Determine the Bond Share for the Payoff Parcel by multiplying the Parcel's Allocated Share from Step 2 by the total amount of Outstanding Bonds issued by the CFD. Step 4: Determine the Reserve Fund Share associated with the Bond Share determined in Step 3. The Reserve Fund Share is equal to the lesser of the Reserve Requirement or existing monies in the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Parcel's Allocated Share. Step 5: Calculate the amount needed to pay interest on the Parcel's Allocated Share from the first Bond interest and/or principal payment date established pursuant to the Indenture following the current Fiscal Year until the earliest redemption date for the Bonds on which Bonds may be redeemed from the proceeds of a Special Tax Prepayment. Subtract from this amount, the amount of interest that is reasonably expected to be earned from the reinvestment of the Special Tax Prepayment less money kept by the City to cover costs from the date of the prepayment until the first redemption date for the Bonds. Step 6: Determine the Total Prepayment Amount by subtracting the Reserve Fund Share calculated in Step 4 from the Outstanding Bond Share calculated in Step 3, adding the interest amount calculated in Step 5 and by adding Debt Service not yet paid for the current Calendar Year to the date of bond redemption and all fees, call premiums, and expenses incurred by the City in connection with the prepayment calculation or with the application of the proceeds of the Special Tax Prepayment. H. TERM OF THE SPECIAL TAX For each year that any Bonds are outstanding the Special Tax shall be levied on all Parcels subject to the Special Tax. If any delinquent Special Taxes remain uncollected prior to or after all Bonds are retired, the Special Tax may be levied to the extent necessary to reimburse the CFD for uncollected Special Taxes associated with the levy of such Special Taxes, but not later than the 2031-32 Fiscal Year. City of Rancho Cucamonga August 17, 2000 Community Facilities District No. 2000-01 Page 8