HomeMy WebLinkAboutRES 2022-212 Establishing CFD No. 2022-2 (Palm)Resolution No. 2022-212
RESOLUTION NO.2022-212
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ESTABLISHING COMMUNITY FACILITIES DISTRICT
NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AND THE BOUNDARIES THEREOF AND
APPROVING A FUNDING AGREEMENT
WHEREAS, on July 20, 2022, the City Council (the "City Council") of the City of San
Bernardino (the "City") adopted the Resolution of Intention (the "Resolution of Intention) stating
that a community facilities district to be known as "Community Facilities District No. 2022-2
(Palm) of the City of San Bernardino, County of San Bernardino, State of California" ("CFD No.
2022-2"), is proposed to be established pursuant to Chapter 2.5 (commencing with Section 53311)
of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the
"Mello -Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a
public hearing on the formation of CFD No. 2022-2 for September 7, 2022; and
WHEREAS, on August 17, 2022, the City Council adopted a Resolution Amending and
Supplementing the Resolution of Intention to amend the date of the public hearing on the proposed
formation of CFD No. 2022-1 from September 7, 2022 to October 5, 2022; and
WHEREAS, CFD No. 2022-2 is proposed to be established for the purpose of financing
the public facilities which are necessary to meet increased demands placed upon the City as a result
of the development of the property within CFD No. 2022-2 and the financing of the acquisition,
design, construction of local and regional circulation systems, storm drain improvements, and
parkland and open space, and it is proposed that CFD No. 2022-2 will be authorized to issue bonds
and incur a bonded indebtedness for the purpose of financing such Facilities in the aggregate
principal amount of $4,000,000; and
WHEREAS, notice was published and mailed to the owners of all of the property in CFD
No. 2022-2 relative to the intention of the City Council to establish CFD No. 2022-2, the levy of
special taxes therein, the provision of public facilities therein and the incurring of a bonded
indebtedness by CFD No. 2022-2 for the purpose of financing such public facilities, and of the
time and place of the public hearing; and
WHEREAS, there has been presented to the City Council an agreement entitled "Funding
Agreement" (the "Funding Agreement") to be entered into between the City, on behalf of CFD
No. 2022-2, and Warmington Residential California, a California corporation; and
WHEREAS, on October 5, 2022, the City Council conducted the public hearing as
required by law relative to the formation of CFD No. 2022-2, the levy of special taxes therein, the
provision of public facilities therein, and the incurring of a bonded indebtedness by CFD No. 2022-
2; and
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WHEREAS, prior to the commencement of the public hearing there was filed with the
City Council a report (the "Report") containing a description of the public facilities required to
adequately meet the needs of CFD No. 2022-2, and an estimate of the fair and reasonable costs of
providing such public facilities, as required by Section 53321.5 of the Act; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of CFD No. 2022-2, the levy of the special taxes therein, the provision of public
facilities therein, and the incurring of the bonded indebtedness thereby were heard, and a full and
fair hearing was held; and
WHEREAS, at the public hearing evidence was presented to the City Council on the
matters before it, and the City Council, at the conclusion of the hearing, was fully advised as to all
matters relating to the formation of CFD No. 2022-2, the levy of the special taxes therein, the
provision of public facilities therein, and the incurring of the bonded indebtedness therefor; and
WHEREAS, the City Council may, therefore, proceed to establish CFD No. 2022-2; and
WHEREAS, the City Clerk has advised the City Council that she has received a statement
from the Registrar of Voters of the County of San Bernardino that there are no persons registered
to vote in the territory of CFD No. 2022-2.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds as follows:
(a) All of the preceding recitals are true and correct;
(b) On October 5, 2022, pursuant to notice thereof duly given as provided by law, the
City Council conducted a public hearing with respect to the formation of CFD No. 2022-2, and the
incurring of bonded indebtedness by and for CFD No. 2022-2 and the annual levying of specified
special taxes on the taxable property within CFD No. 2022-2 to pay principal of and interest on
bonds to be issued by and for CFD No. 2022-2 to finance the Facilities and other obligations which
are described in Section 3(a) hereof;
(c) The boundary map of CFD No. 2022-2 was recorded on July 26, 2022, pursuant to
Sections 3111 and 3113 of the California Streets and Highways Code, at page 43 in Book 90 of
Maps of Assessment and Community Facilities Districts, and as Instrument No. 2022-0258074 in
the official records of the County of San Bernardino;
(d) All prior proceedings with respect to the formation of CFD No. 2022-2 prior to and
during the public hearing with respect to the formation of CFD No. 2022-2 which was conducted
by the City Council on October 5, 2022, were valid and in conformity with the requirements of the
Act;
(e) No written protests were received, at or prior to the time of the public hearing,
against the formation of CFD No. 2022-2, or the levying of the special taxes, or the incurring of a
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bonded indebtedness by CFD No. 2022-2, or the furnishing of specified types of public facilities,
and the special taxes and public facilities have, therefore, not been eliminated by majority protest
pursuant to Section 53324 of the Act;
(f) The City Council is, therefore, authorized to adopt a resolution of formation
pursuant to Section 53325.1 of the Act for the formation of Community Facilities District No.
2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, and
CFD No. 2022-2 should be established; and
(g) Twelve (12) persons have not been registered to vote within the territory of CFD
No. 2022-2 for each of the 90 days preceding the close of the public hearing on October 5, 2022,
and pursuant to Section 53326 of the Act, the vote in the Consolidated Special Elections (defined
below) provided for in Section 10 hereof shall, therefore, be by the landowners of CFD No. 2022-
2 whose property would be subject to the special taxes if they were levied at the time of the
elections, and each landowner shall have one vote for each acre, or portion thereof, which he or
she owns within CFD No. 2022-2 which would be subject to the proposed special taxes if they
were levied at the time of the elections.
SECTION 2. Formation of District. Community Facilities District No. 2022-2 (Palm) of
the City of San Bernardino, County of San Bernardino, State of California, is hereby established.
The boundaries of CFD No. 2022-2 are set forth and shown on the map entitled "Proposed
Boundary Map - Community Facilities District No. 2022-2 (Palm) City of San Bernardino, County
of San Bernardino, State of California," which is on file with the City Clerk, and those boundaries
are hereby established.
SECTION 3. Types of Facilities; Incidental Expenses.
A general description of public facilities proposed to be acquired or constructed and financed by
CFD No. 2022-2 (the "Facilities") include but are not limited to:
(a) Acquisition, design, construction of local and regional circulation systems,
storm drain improvements, and parkland and open space; and
(b) The incidental expenses proposed to be incurred are: (i) the cost of planning
and designing the public facilities and the cost of environmental evaluations thereof, (ii)
all costs associated with the formation of the proposed CFD No. 2022-2, the issuance of
the bonds thereof, the determination of the amount of and collection of special taxes, the
payment of special taxes, and costs otherwise incurred in order to carry out the authorized
purposes of the proposed CFD No. 2022-2, and (iii) any other expenses incidental to the
construction, completion, and inspection of the public Facilities (the "Incidental
Expenses").
SECTION 4. Special Taxes. Except where funds are otherwise available, a special tax
sufficient to finance the Facilities and related Incidental Expenses (the "Special Taxes"), secured
by the recordation of a continuing lien against all taxable or nonexempt property in CFD No. 2022-
2, shall be annually levied within CFD No. 2022-2.
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Under no circumstances will the Special Tax levied in any fiscal year against any parcel
used for private residential purposes be increased as consequence of delinquency or default by the
owner of any other parcel or parcels within CFD No. 2022-2 by more than 10 percent (10%) above
the amount that would have been levied in that fiscal year had there never been any such
delinquencies or defaults. A parcel shall be considered "used for private residential purposes" not
later than the date on which an occupancy permit or the equivalent for private residential use is
issued for such parcel.
For further particulars as to the rate and method of apportionment of the Special Taxes to
be levied on parcels of taxable property in CFD No. 2022-2 reference is made to the attached and
incorporated Exhibit "A" (the "Rate and Method") which sets forth in sufficient detail the rate and
method of apportionment of the Special Taxes to allow each landowner or resident within each
CFD No. 2022-2 to clearly estimate the maximum amount that such person will have to pay.
The conditions under which the obligation to pay the Special Taxes may be prepaid and
permanently satisfied are as set forth in the Rate and Method.
Pursuant to Section 53340 of the Act, said Special Taxes shall be collected in the same
manner and at the same time as ordinary ad valorem property taxes; provided however, that CFD
No. 2022-2 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.
Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California
Streets and Highways Code, a continuing lien to secure each levy of the Special Taxes shall attach
to all non-exempt real property in CFD No. 2022-2, and that lien shall continue in force and effect
until the special tax obligation is prepaid and permanently satisfied and the lien is canceled in
accordance with law or until collection of the Special Taxes ceases.
SECTION 5. Exempt Properties. Pursuant to Section 53340 of the Act, and except as
provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local
governments shall be exempt from the levy of Special Taxes.
SECTION 6. Resort. The Report is hereby approved and is made a part of the record of
the public hearing regarding the formation of CFD No. 2022-2, and is ordered to be kept on file
with the City Clerk as part of the transcript of these proceedings.
SECTION 7. Re a ment of Funds Advanced or Work -in -Kind. Pursuant to Section
53314.9 of the Act, the City Council proposes to accept advances of funds or work -in -kind from
private persons or private entities and to provide, by resolution, for the use of those funds or that
work -in -kind for any authorized purpose, including but not limited to, paying any costs incurred
by the City in creating CFD No. 2022-2, and to enter into an agreement, by resolution, with the
person or entity advancing the funds or work -in -kind to repay funds 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.
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SECTION 8. Prohibition of Owner Contracts. Pursuant to Section 53329.5 of the Act,
the City Council finds that the public interest will not be served by allowing the owners of property
within CFD No. 2022-2 to enter into a contract in accordance with subdivision (a) of that section,
and that such owners shall not be permitted to elect to perform the work and enter into a written
contract with the City for the construction for the Facilities pursuant to said Section 53329.5.
SECTION 9. Description of Voting* Procedures. Except as otherwise provided in this
section, the consolidated special elections on the propositions identified below shall be conducted
by the City Clerk in accordance with the provisions of the California Elections Code governing
mail ballot elections of cities, insofar as they may be applicable. The voting procedures to be
followed in conducting the consolidated special elections on (i) the proposition with respect to
CFD No. 2022-2 incurring a bonded indebtedness, (ii) the proposition with respect to the levy of
special taxes on parcels of taxable property within CFD No. 2022-2 to pay the principal of and
interest on the bonds of CFD No. 2022-2, and (iii) the proposition with respect to establishing an
appropriations limit for CFD No. 2022-2 in the amount of $4,000,000 (the "Consolidated Special
Elections") shall be as follows:
(a) The Consolidated Special Elections shall be held on the earliest date, following the
adoption by the City Council of this resolution, the resolution determining the necessity for CFD
No. 2022-2 to incur a bonded indebtedness pursuant to Section 53351 of the Act, and a resolution
pursuant to Section 53326 of the Act submitting to the qualified electors of CFD No. 2022-2 the
propositions with respect to (i) CFD No. 2022-2 incurring a bonded indebtedness, (ii) the levy of
special taxes to pay the principal of and interest on the bonds of CFD No. 2022-2, and (iii)
establishing an appropriations limit for the community facilities district to the qualified electors of
the community facilities district, upon which such elections can be held pursuant to Section 53326
which may be selected by the City Council, or such earlier date as the owners of land within CFD
No. 2022-2 and the City Clerk agree and concur is acceptable.
(b) Pursuant to Section 53326 of the Act, the Consolidated Special Elections may be
held earlier than 90 days following the close of the public hearing if the qualified electors of CFD
No. 2022-2 waive the time limits for conducting the elections set forth in said Section 53326 by
unanimous written consent and the City Clerk concurs in such earlier election date as shall be
consented to by the qualified electors.
(c) Pursuant to Section 53326 of the Act, ballots for the Consolidated Special Elections
shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid,
or by personal service.
(d) Pursuant to applicable sections of the California Elections Code governing the
conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section
4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk
shall mail or deliver to each qualified elector an official ballot in a form specified by the City
Council in the resolutions calling and consolidating the Consolidated Special Elections, and shall
also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter,
including a sample ballot identical in form to the official ballot but identified as a sample ballot, a
statement pursuant to Section 9401 of that Code, an impartial analysis by the City Attorney
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pursuant to Section 9280 of that Code with respect to the ballot propositions contained in the
official ballot, arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, and
9295 of that Code, a return identification envelope with prepaid postage thereon addressed to the
City Clerk for the return of voted official ballots, and a copy of the Resolution of Formation
provided, however, that such statement, analysis and arguments may be waived with the
unanimous consent of all the landowners who are qualified electors and shall be so stated in the
resolution adopted by the City Council calling the Consolidated Special Elections. Such statement,
impartial analysis and arguments, if any, shall be prepared by the City Attorney.
(e) The official ballot to be mailed or delivered by the City Clerk or her designee to
each landowner -voter shall have printed or typed thereon the name of the landowner -voter and the
number of votes to be voted by the landowner -voter and shall have appended to it a certification
to be signed by the person voting the official ballot which shall certify that the person signing the
certification is the person who voted the official ballot, and if the landowner -voter is other than a
natural person, that he or she is an officer of or other person affiliated with the landowner -voter
entitled to vote such official ballot, that he or she has been authorized to vote such official ballot
on behalf of the landowner -voter, that in voting such official ballot it was his or her intent, as well
as the intent of the landowner -voter, to vote all votes to which the landowner -voter is entitled based
on its land ownership on the propositions set forth in the official ballot as marked thereon in the
voting square opposite each such proposition, and further certifying as to the acreage of the
landowner -voter's land ownership within CFD No. 2022-2.
(f) The return identification envelope mailed or delivered by the City Clerk to each
landowner -voter shall have printed or typed thereon the following: (i) the name of the landowner,
(ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter
is the landowner or the authorized representative of the landowner entitled to vote the enclosed
ballot and is the person whose name appears on the identification envelope, (iv) the printed name
and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of
execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is
to be opened only by the City Clerk.
(g) The instruction to voter form to be mailed or delivered by the City Clerk to the
landowner -voters shall inform them that the official ballots shall be returned to the City Clerk
properly voted as provided thereon and with the certification appended thereto properly completed
and signed in the sealed return identification envelope with the certification thereon completed and
signed and all other information to be inserted thereon properly inserted by the hour on the date of
the election which is specified by the City Council in the resolution calling the Consolidated
Special Elections for the receipt of voted ballots; provided that if all qualified voters have voted,
the elections shall be closed with the concurrence of the City Clerk.
(h) Upon receipt of the return identification envelopes which are returned prior to the
voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the
Consolidated Special Elections, and shall file a statement with the City Council as to the results of
such canvass and the election on each proposition set forth in the official ballot.
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The procedures set forth in this section for conducting the consolidated special elections,
if they are held, may be modified as the City Council may determine to be necessary or desirable
by a resolution subsequently adopted by the City Council.
SECTION 10. Funding Agreement. The Funding Agreement is approved and the City
Manager and the City Clerk are authorized to execute and deliver the Funding Agreement on behalf
of the City in the form presented to the City Council at the meeting at which this resolution is
adopted, with such changes therein as the officer executing the same may approve, such approval
to be conclusively evidenced by the execution and delivery thereof.
SECTION 11. CE A. The City Council finds this Resolution is not subject to the
California Environmental Quality Act ("CEQA") in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 12. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 13. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and Attested
by the City Clerk this 5th day of October, 2022.
R
i
John Valdivia, Mayor
City of San Bernardino
Attes • ,
Genoveva Rocha, City Nerk
A wA:APp°vtJ �s b
Sonia R. Carvalho, City Attorney
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October 5, 2022
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Resolution No. 2022-212
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, City Clerk, hereby certify that the attached is a true copy of Resolution
No. 2022-212, adopted at a regular meeting held on the 51h day of October, 2022 by the following
vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ X
IBARRA
X
FIGUEROA
X
SHORETT
X
REYNOSO
X
CALVIN
X
ALEXANDER X
my hand and off 7WI''1 seal of the City of San Bernardino this 61h day of October, 2022.
Genoveva Rocha, City Clerk
Resolution No. 2022-212
October 5, 2022
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Resolution No. 2022-212
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO.2022-2 (PALM)
OF THE CITY OF SAN BERNARDINO
A Special Tax (all capitalized terms not otherwise defined herein are defined in Section A,
"Definitions", below) shall be applicable to each Assessor's Parcel of Taxable Property located
within the boundaries of Community Facilities District No. 2022-2 (Palm) of the City of San
Bernardino ("CFD No. 2022-2"). The amount of Special Tax to be levied in each Fiscal Year, on
an Assessor's Parcel, shall be determined by the City Council of the City of San Bernardino, acting
in its capacity as the legislative body of CFD No. 2022-2 by applying the appropriate Special Tax
for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped
Property that is not Exempt Property as set forth below. All of the real property, unless exempted
by law or by the provisions hereof in Section F, 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:
"Accessory Dwelling Unit" means a residential unit of limited size including a smaller second
unit that shares an Assessor's Parcel as a Single Family Residential Property with a stand-alone
Residential Unit.
"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 parcel map or
instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by
43,560.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of
the State of California.
"Administrative Expenses" means the actual or reasonably estimated costs related to the
administration of CFD No. 2022-2, levy on the Special Tax therein and payment of debt service
on the outstanding Bonds, including but not limited to, the costs of computing the Special Taxes
and preparing the 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 Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the
discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2022-2
or any designee thereof of complying with arbitrage rebate requirements; the costs to the City,
CFD No. 2022-2 or any designee thereof of complying with continuing disclosure requirements of
the City, CFD No. 2022-2 and any major property owner associated with applicable federal and
state securities laws and the Act; litigation related to or arising out of CFD No. 2022-2; legal costs;
compliance with continuing disclosure undertakings, the costs associated with preparing Special
Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs
A-1
of the City, CFD No. 2022-2 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. Administration Expenses shall also include amounts
estimated by the CFD Administrator or advanced by the City or CFD No. 2022-2 for any other
administrative purposes of CFD No. 2022-2, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
"Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in
a Final Map that was recorded prior to the January I" preceding the Fiscal Year in which the
Special Tax is being levied, and (ii) that have not been issued a building permit on or before May
lst preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with
an assigned Assessor's Parcel Number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by Assessor's Parcel Number.
"Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County
for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below.
"Backup Special Tax" means the Special Tax of that name described in Section D below.
"Bonds" means any obligation to repay a sum of money, including obligations in the form of
bonds, certificates of participation, long-term leases, loans from government agencies, or loans
from banks, other financial institutions, private businesses, or individuals, or long-term contracts,
or any refunding thereof, to which Special Tax within CFD No. 2022-2 have been pledged.
"Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD.
"Building Permit" means the first legal document issued by a local agency giving official
permission for new construction. For purposes of this definition, "Building Permit" may or may
not include expired or cancelled building permits, or any subsequent building permit document(s)
authorizing new construction on an Assessor's Parcel that are issued or changed by the City after
the first original issuance, as determined by the CFD Administrator, provided that following such
determination the Maximum Special Tax that may be levied on all Assessor's Parcels of Taxable
Property will be at least 1.1 times annual debt service on all outstanding Bonds plus the estimated
annual Administrative Expenses.
"Building Square Footage" or "BSF" means the square footage of assessable internal living
space, exclusive of garages or other structures not used as living space, as determined by reference
to the Building Permit for such Assessor's Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following
December 31.
A-2
"CFD" or "CFD No. 2022-2" means Community Facilities District No. 2022-2 (Palm) of the City
of San Bernardino established by the City under the Act.
"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.
"City" means the City of San Bernardino, State of California.
"City Council" means the City Council of the City of San Bernardino, acting as the Legislative
Body of CFD No. 2022-2, or its designee.
"Condominium Plan" means a condominium plan pursuant to California Civil Code, Section
6624 et seq.
"County" means the County of San Bernardino, State of California.
"Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in
a Final Map that was recorded prior to the January lst preceding the Fiscal Year in which the
Special Tax is being levied, and (ii) a Building Permit for new construction was issued on or before
May I" preceding the Fiscal Year in which the Special Tax is being levied.
"Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes
as provided for in Section F.
"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.) o or recordation of a Condominium Plan pursuant to California Civil Code Section 6624
et seq. that creates individual lots for which Building Permits may be issued without further
subdivision.
"Fiscal Year" means the period commencing on July I" of any year and ending the following
June 30th.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant
to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any
instrument replacing or supplementing the same.
"Land Use Category" means any of the categories listed in Table 1 of Section D.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with
Section D below, that can be levied by CFD No. 2022-2 in any Fiscal Year on any Assessor's
Parcel.
"Multifamily Property" means all Assessor's Parcels of Developed Property for which a
Building Permit has been issued for the purpose of constructing a building or buildings comprised
of attached Residential Units available for rental by the general public, not for sale to an end user,
and under common management, as determined by the CFD Administrator.
A-3
"Non -Residential Property" means all Assessor's Parcels of Developed Property for which a
Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the
determination if an Assessor's Parcel is Non -Residential Property.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special
Tax obligation for an Assessor's Parcel, as described in Section G.2.
"Prepayment Amount" means the amount required to prepay the Special Tax obligation in full
for an Assessor's Parcel, as described in Section G.1.
"Proportionately" means for Taxable Property for Special Tax that is (i) Developed Property,
that the ratio of the actual Special Tax levy to the Special Tax is the same for all Assessor's Parcels
of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Assessor's Parcels of Approved Property, and (iii)
Undeveloped Property or Provisional Undeveloped Property, that the ratio of the actual Special
Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor's Parcels of
Undeveloped Property or Provisional Undeveloped Property.
"Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that
would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but
cannot be classified as Exempt Property because to do so would be reduce the Acreage of all
Taxable Property below the required minimum Acreage set forth in Section F.
"Residential Property" means all Assessor's Parcels of Developed Property for which a Building
Permit has been issued for purposes of constructing one or more Residential Units.
"Residential Unit" or "RU" means a residential unit that is used or intended to be used as a
domicile by one or more persons, as determined by the CFD Administrator. An Accessory
Dwelling Unit that shares an Assessor's Parcel with a Single Family Residential Property shall not
be considered a Residential Unit for purposes of this RMA.
"RMA" means this Rate and Method of Apportionment of Special Taxes.
"Single Family Residential Property" means all Assessor's Parcels of Residential Property other
than Multifamily Property on an Assessor's Parcel.
"Special Tax" or "Special Taxes" means any of the special taxes authorized to be levied within
CFD No. 2022-2 pursuant to the Act to fund the Special Tax Requirement.
"Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt
service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences
in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds
from an escrow account, (iv) any amount required to establish or replenish any reserve funds
established under the Indenture in association with the Bonds to the extent that replenishment has
not been included in the computation of the Special Tax Requirement in a previous Fiscal Year,
(v) to cure any delinquencies in the amount of principal or interest on the Bonds that occurred in
a previous Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or
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construction of facilities authorized by CFD No. 2022-2 provided that the inclusion of such amount
does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step
Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on
the Bonds pursuant to the Indenture.
"Taxable Property" means all Assessor's Parcels within CFD No. 2022-2, which are not Exempt
Property.
"Taxable Unit" means either a Residential Unit or an Acre.
"Tract(s)" means an area of land within a subdivision identified by a particular tract number on
a Final Map approved for the subdivision.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not
Developed Property, Approved Property, Provisional Undeveloped Property.
"Welfare Exempt Property" means, in any Fiscal Year, all Assessor's Parcels within the
boundaries of CFD No. 2022-1 that have been granted a welfare exemption by the County under
subdivision (g) of Section 214 of the Revenue and Taxation Code.
B. SPECIAL TAX
Commencing Fiscal Year 2022-2023 and for each subsequent Fiscal Year, the City Council shall
levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax to fund
the Special Tax Requirement.
C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2022-2023, each Assessor's Parcel within CFD No.
2022-2 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's
Parcel of Taxable Property shall be further classified as Developed Property, Approved Property,
Undeveloped Property or Provisional Undeveloped Property.
Assessor's Parcels of Developed Property shall further be classified as Residential Property or
Non -Residential Property. Each Assessor's Parcel of Residential Property shall further be
classified as a Single Family Residential Property or Multifamily Property. Each Assessor's Parcel
of Single Family Residential Property shall be further assigned to a Land Use Category based on
its Building Square Footage.
In the event that there are parent Assessor's Parcel(s) for which one or more Building Permits have
been issued and the County has not yet assigned final Assessor's Parcel Number(s) to the lots on
which the Residential Unit(s) have been or will be built (in accordance with the Final Map or
Condominium Plan) on such parent Assessor's Parcel, the amount of the Special Tax on such
parent Assessor's Parcel shall be determined as follows: (1) the CFD Administrator shall first
determine an amount of the Maximum Special Tax levy for such Assessor's Parcel, based on the
classification of such Assessor's Parcel as Undeveloped Property; (2) the amount of the Special
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Tax for the Residential Units on such Assessor's Parcel for which Building Permits have been
issued shall be determined based on the Developed Property Special Tax rates and such amounts
shall be levied as Developed Property in accordance with Step 1 and, if applicable, Step 4 of
Section E below; and (3) the amount of the Special Tax levy on the Taxable Property in such
Assessor's Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the
percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3
of Section E below, multiplied by the total of the amount determined in clause (1), less (B) the
amount determined in clause (2).
D. MAXIMUM SPECIAL TAX
1. Developed Proper(%
The Maximum Special Tax for each Assessor's Parcel of Single Family Residential Property in
any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special
Tax.
The Maximum Special Tax for each Assessor's Parcel of Non -Residential Property and
Multifamily Property shall be the applicable Assigned Special Tax described in Table 1 of
Section D.
a. Assigned Special Tax
Each Fiscal Year, each Assessor's Parcel of Single Family Residential Property, Multifamily
Property or Non -Residential Property shall be subject to an Assigned Special Tax. The
Assigned Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year
2022-2023 shall be determined pursuant to Table 1 below.
TABLE 1
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Land Use Category y
Taxable
Unit
Building Square Footage
Assigned
Special Tax Per
Taxable Unit
1. Single Family Residential Property
RU
Less than 1,800 s . ft
$1,552
2. Single Family Residential Property-
RU
1,800 s . ft to 1,950 s . ft
$1,595
3. Single Family Residential Property
RU
1,951 s . ft to 2,100 s . ft
$1,637
4. Single Family Residential Propert),
RU
2,101 sc . ft to 2,250 s . ft
$1,764
5. Single Family Residential Property
RU
2,251 s . ft to 2,400 s . ft
$1,806
6. Single Family Residential Property
RU
Greater than 2,400 s . ft
$1,849
7. Multifamily Pro ern
Acre
N/A
$27,459
8. Non -Residential Property
Acre
N/A
$27,459
b. Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land
Use Type. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the
Maximum Special Tax for each Taxable Unit for all Land Use Categories located on the
Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final.
c. Backup Special Tax
The Backup Special Tax for an Assessor's Parcel within a Final Map classified as Single Family
Residential Property shall be calculated according to the following formula.
B=(UxA)/L
The terms above have the following meanings:
B = Backup Special Tax per Assessor's Parcel classified as Single Family Residential
Property within the Final Map.
U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below.
A = Acreage of net taxable Single Family Residential Property that exists or is expected to
exist in such Final Map at the time of calculation, as determined by the Administrator.
L = Number of Assessor's Parcels of Single Family Residential Property expected to exist
after build out in such Final Map at the time of calculation, as determined by the
Administrator.
In the event any portion of the Final Map is changed or modified, the Backup Special Tax for
all Assessor's Parcels within such changed or modified area shall be $27,459 per Acre.
Notwithstanding the foregoing, the Backup Special Tax for an Assessor's Parcel of Developer
Property for which a certificate of occupancy has been granted may not be revised.
In the event any superseding Final Map is recorded as a Final Map within the boundaries of the
CFD, the Backup Special Tax for all Assessor's Parcels within such Final Map shall be $27,459
per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property or Non -
Residential Property.
2. Approved Property
The Maximum Special Tax for each Assessor's Parcel of Approved Property expected to be
classified as Single Family Property shall be the Backup Special Tax computed pursuant to
Section D. Lc above.
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The Maximum Special Tax for each Assessor's Parcel of Approved Property expected to be
classified as Multifamily Residential Property or Non -Residential Property shall be $27,459 per
Acre.
3. Undeveloped Propertv and Provisional Undeveloped Property
The Maximum Special Tax for each Assessor's Parcel of Undeveloped Property and Provisional
Undeveloped Property shall be $27,459 per Acre.
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2022-2023 and for each subsequent Fiscal Year, the City Council shall
levy Special Taxes on all Taxable Property in accordance with the following steps:
Step One: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property at up to 100% of the applicable Assigned Special Tax rates in
Table 1 to satisfy the Special Tax Requirement.
Step Two: If additional moneys 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 Approved Property at up to 100% of the Maximum
Special Tax applicable to each such Assessor's Parcel as needed to satisfy the
Special Tax Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, the Annual Special Tax shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of
the Maximum Special Tax applicable to each such Assessor's Parcel as needed to
satisfy the Special Tax Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, then the Special Tax on each Assessor's
Parcel of Developed Property whose Maximum Special Tax is the Backup Special
Tax shall be increased in equal percentages from the Assigned Special Tax up to
100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the
first four steps have been completed, the Special Tax shall be levied Proportionately
on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the
Maximum Special Tax applicable to each such Assessor's Parcel as needed to
satisfy the Special Tax Requirement.
Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal
Year against any Assessor's Parcel of Residential Property for which an occupancy permit for a
private residential use has been issued as a result of a delinquency in the payment of the Special
Tax applicable to any other Assessor's Parcel be increased by more than ten percent (10%) above
the amount that would have been levied in that Fiscal Year had there never been any such
delinquency or default.
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F. EXEMPTIONS
The City shall classify as Exempt Property, in the chronological order in which the property
becomes exempt, (i) Assessor's Parcels which are owned by, irrevocably offered for dedication,
encumbered by or restricted in use by the State of California, Federal or other local governments,
including school districts, (ii) Assessor's Parcels which are used as places of worship and are
exempt from ad valorem property taxes because they are owned by a religious organization, (iii)
Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or
restricted in use by a homeowners' association, (iv) Assessor's Parcels with public or utility
easements making impractical their utilization for other than the purposes set forth in the easement,
(v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for
public uses, or (vi) Assessor's Parcels restricted to other types of public uses determined by the
City Council, provided that no such classification would reduce the sum of all Taxable Property
to less than 9.11 Acres.
Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt
Property if such classification would reduce the sum of all Taxable Property to less than 9.11
Acres. Assessor's Parcels which cannot be classified as Exempt Property because such
classification would reduce the Acreage of all Taxable Property to less than 9.11 Acres will be
classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to
Step Five in Section E.
Welfare Exempt Property shall be exempt from the payment of the Special Tax so long as the
property qualifies as a Welfare Exempt Property.
G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:
"CFD Public Facilities" means $3,000,000 expressed in 2022 dollars, which shall increase by the
Construction Inflation Index on July 1, 2023, and on each July 1 thereafter, or such lower amount
(i) determined by the City Council as sufficient to provide the public facilities under the authorized
bonding program for CFD No. 2022-2, or (ii) determined by the City Council concurrently with a
covenant that it will not issue any more Bonds to be supported by Special Tax levied under this
Rate and Method of Apportionment.
"Construction Fund" means an account specifically identified in the Indenture or functionally
equivalent to hold funds, which are currently available for expenditure to acquire or construct
public facilities eligible under CFD No. 2022-2.
"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 City 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 public facility costs available
to be funded, or that were funded, through existing construction or escrow accounts or funded by
the Outstanding Bonds or Special Taxes, and minus public facility costs funded by interest
earnings on the Construction Fund actually earned prior to the date of prepayment.
"Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of
Special Tax which will remain outstanding after the first interest and/or principal payment date
following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds
of prior prepayments of Special Tax.
1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor's
Parcels of Developed Property, (ii) Assessor's Parcels of Approved Property or Undeveloped
Property for which a Building Permit has been issued, (iii) Approved or Undeveloped Property for
which a Building Permit has not been issued, and (iv) Assessor's Parcels of Provisional
Undeveloped Property. The Maximum Special Tax obligation applicable to an Assessor's Parcel
may be fully prepaid and the obligation to pay the Special Tax for such Assessor's Parcel
permanently satisfied as described herein; provided that a prepayment may be made 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 Maximum Special Tax obligation for
such Assessor's Parcel shall provide the CFD Administrator with written notice of intent to prepay,
and within 5 business days of receipt of such notice, the CFD Administrator shall notify such
owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by
the CFD in calculating the Prepayment Amount (as defined below) for the Assessor's Parcel.
Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such
owner of the Prepayment Amount for the Assessor's Parcel. Prepayment must be made not less
than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such
prepaid Special Taxes.
The Prepayment Amount shall be calculated as follows (some capitalized terms are defined
below):
Bond Redemption Amount
plus
Redemption Premium
plus
Future Facilities Amount
plus
Defeasance Amount
plus
Administrative Fees and Expenses
less
Reserve Fund Credit
Equals:
Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For an Assessor's Parcel of Developed Property, compute the Maximum Special Tax for
the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property
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for which a Building Permit has been issued, compute the Maximum Special Tax for the
Assessor's Parcel as though it was already designated as Developed Property, based upon the
Building Permit which has been issued for the Assessor's Parcel. For an Assessor's Parcel of
Approved Property or Undeveloped Property for which a Building Permit has not been issued,
or Provisional Undeveloped Property to be prepaid, compute the Maximum Special Tax for
the Assessor's Parcel.
3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount
of Special Taxes that could be levied the Maximum Special Tax assuming build out of all
Assessor's Parcels of Taxable Property based on the applicable Maximum Special Tax for
Assessor's Parcels of Developed Property not including any Assessor's Parcels for which the
Special Tax obligation has been previously prepaid.
4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the
Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the
Prepayment Amount (the "Bond Redemption Amount").
5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any,
on the Outstanding Bonds to be redeemed (the "Redemption Premium").
6. Determine the Future Facilities Costs.
7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant
to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor's Parcel (the
"Future Facilities Amount").
8. Determine the amount needed to pay interest on the Bond Redemption Amount from the
first bond interest and/or principal payment date following the current Fiscal Year until the
earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from
Special Tax prepayments.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year
which have not yet been paid.
10. Determine the amount the CFD Administrator reasonably expects to derive from the
investment of the Bond Redemption Amount and the Redemption Premium from the date of
prepayment until the redemption date for the Outstanding Bonds to be redeemed with the
Prepayment Amount.
11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived
pursuant to paragraph 10 (the "Defeasance Amount").
12. Verify the administrative fees and expenses of the CFD, the cost to invest the Prepayment
Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to
evidence the prepayment of the Maximum Special Tax obligation for the Assessor's Parcel
and the redemption of Outstanding Bonds (the "Administrative Fees and Expenses").
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of. (a) the
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expected reduction in the reserve requirement (as defined in the Indenture), if any, associated
with the redemption of Outstanding 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 Outstanding 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.
14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the
Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the
Administrative Fees and Expenses, less the Reserve Fund Credit.
15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption
Premium, and Defeasance Amount shall be deposited into the appropriate fund as established
under the Indenture and be used to redeem Outstanding Bonds or make debt service payments.
The Future Facilities Amount shall be deposited into the Construction Fund. The
Administrative Fees and Expenses shall be retained by the CFD.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In
such event, the increment above $5,000 or an integral multiple thereof will be retained in the
appropriate fund established under the Indenture to be used with the next redemption from other
Special Tax prepayments of Outstanding Bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined pursuant to
paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy
for the Assessor's Parcel from the County tax roll. With respect to any Assessor's Parcel for which
the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to
be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax
obligation and the release of the Special Tax lien for the Assessor's Parcel, and the obligation to
pay the Special Tax for such Assessor's Parcel shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of
Maximum Special Tax that may be levied on all non -delinquent Assessor's Parcels of Taxable
Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on
the Bonds that will remain outstanding after the prepayment plus the estimated annual
Administrative Expenses.
Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon
the terms and conditions established by the City Council pursuant to the Act. However, the use of
Bond tenders shall only be allowed on a case -by -case basis as specifically approved by the City
Council.
2. Prepayment in Part
The Maximum Special Tax obligation for an Assessor's Parcel of Developed Property, Approved
Property, Undeveloped Property or Provisional Undeveloped Property may be partially prepaid.
For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be
modified as provided by the following formula:
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PP = ((PE —A) x F) +A
These terms have the following meaning:
PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1
F = the percent by which the owner of the Assessor's Parcel(s) is partially
prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special Tax
obligation for the Assessor's Parcel shall notify the CFD Administrator of (i) such owner's intent
to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum
Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be
acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator
shall notify such property owner of the amount of the non-refundable deposit determined to cover
the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15
business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such
owner of the amount of the Partial Prepayment Amount for the Assessor's Parcel. A Partial
Prepayment Amount must be made not less than 60 days prior to the redemption date for the
Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.
With respect to any Assessor's Parcel for which the Maximum Special Tax obligation is partially
prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in
Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial
Prepayment Amount for the Assessor's Parcel and that a portion of the Special Tax obligation
equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the
Assessor's Parcel pursuant to Section E.
H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all
Assessor's Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2064-
2065 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD
Administrator has determined (i) that all the required interest and principal payments on the CFD
No. 2022-2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2022-2 have been
acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax
remain uncollected and (iv) all other obligations of CFD No. 2022-2 have been satisfied.
I. MANNER OF COLLECTION
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. 2022-2 may collect Special Tax 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.
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J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor's Parcel(s) with
the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes.
During pendency of an appeal, all Special Taxes previously levied must be paid on or before the
payment date established when the levy was made. The appeal must specify the reasons why the
appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet
with the appellant if the CFD Administrator deems necessary, and advise the appellant of its
determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall
grant a credit to eliminate or reduce future Special Taxes on the appellant's Assessor's Parcel(s).
No refunds of previously paid Special Taxes shall be made.
The CFD Administrator shall interpret this Rate and Method of Apportionment and make
determinations relative to the annual levy and administration of the Special Taxes and any taxpayer
who appeals, as herein specified.
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