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HomeMy WebLinkAbout5871_CCv0001.pdf RESOLUTION No. 5871, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") has received from S-P REDLANDS, LLC-("S-P Redlands") and from Robert Pattillo Properties, Inc. (collectively, the "Owners") written petitions (the "Petitions"), requesting the institution of proceedings for the establishment of a community facilities district (the "Community Facilities District"); WHEREAS, the Owners are the owners of not less than 10% of the area of land proposed to be included within the Community Facilities District; and WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (the "Act"), the City Council is authorized to establish the Community Facilities District-, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY ODLANDS DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS- Section 1. The City Council hereby finds that the Petitions are signed by the requisite number of owners of land proposed to be included in the Community Facilities District, Section 2. The City Council proposes to establish a community facilities district under the terms of the Act. The boundaries of the territory proposed for inclusion in the Community Facilities District are described in the map showing the proposed Community Facilities District on file with the City Clerk of the City (the "City Clerk"), which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars, The City Clerk is hereby directed to record, or cause to be recorded, said map of the boundaries of the Community Facilities District in the office of the San Bernardino County Recorder within fifteendays of the date of adoption of this Resolution. Section 3. The name proposed for the Community Facilities District is "City of Redlands Community Facilities District No. 2001-1 (Northwest Development Project)", Section 4. The public facilities (the "Facilities") proposed to be acquired by the Community Facilities District pursuant to the Act through purchase as completed facilities are described tinder the caption "'Facilities" on Exhibit A hereto, which is by this reference incorporated herein. Tile incidental expenses proposed to be incurred are identified under the caption "Incidental Expenses" oil Exhibit A hereto, Section S. Except where funds are otherwise available, a special tax sufficient to pay for all Facilities, secured by recordation of a I continuing li , en against all nonexempt real property in the Community Facilities District, will be annually levied within the Community Facilities District, DOCSLA13`30911 42149,3 WAXT The rate and method of apportionment of the special tax (the "Rate and Method"), in sufficient detail to allow each landowner within the proposed Community Facilities District to estimate the maximum amount that fie or she will have to pay, is on file with the City Clerk, which is by this reference incorporated herein. The conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied are specified in the Rate and Method. The special tax will be collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners. The tax year after which no further special tax will be levied against any parcel used for private residential purposes is specified in the Rate and Method. Under no circumstances shall the special tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than 10%. For purposes of this paragraph, a parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit for private residential use is issued. Section 6. Pursuant to Section 53344,1 of the Act, the City Council hereby reserves to itself the right and authority to allow any interested owner of property within the Community Facilities District, subject to the provisions of said Section 53344.1 and to those conditions as it may impose, and any applicable prepayment penalties as prescribed in the bond indenture or comparable instrument or document, to tender to the Community Facilities District treasurer in full payment or part payment of any installment of the special 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 7. The City Council hereby fixes Tuesday, May 15, 2001, at 7:00 p.m., or as soon thereafter as the City Council may reach the matter, at 3 5 Cajon Street, Redlands, California, as the time and place when and where the City Council will conduct a public hearing on the establishment of the Community Facilities District, Section S. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of the Community Facilities District. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the I information prescribed by Section 53322 of the Act. Section 9. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the Community Facilities District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the Community Facilities District, with each owner having one vote for each acre or portion of an acre such owner owns in the Community Facilities District. Section 10. Each officer of the City who is or will be responsible for providing one or more of the proposed types of Facilities is hereby directed to study, or cause to be studied, the proposed Community Facilities District and, at or before said public hearing, file a report with the DOCSLAI,-37M9ZI 42149-35 VMI3 2 City Council containing a brief description of the public facilities by type which will in his or her opinion be required to adequately meet the needs of the Community Facilities District, and leis or her estimate of the cost of providing the Facilities. Such officers are hereby also directed to estimate the fair and reasonable cost of the Facilities proposed to be purchased as completed public facilities and of the incidental expenses proposed to be paid. Such report shall be made a part of the record of said public hearing. Section It. S-P Redlands has heretofore advanced certain funds, and may advance additional funds, which have been or may be used to pay costs incurred in connection with the creation of the Community Facilities District and the issuance of special tax bonds thereby, The City Council proposes to repay all or a portion of such funds expended for such purpose, solely from the proceeds of such bonds, pursuant to a Deposit and Reimbursement Agreement, dated as of April 3, 2001 (the "Deposit Agreement"), by and between the City and S-P Redlands, The Deposit Agreement, on file with the City Clerk, is hereby incorporated herein as though set forth in full. herein, Section I . S-P Redlands has heretofore performed or constructed or caused to be performed or constructed certain work in-kind, and S-P Redlands may perform or construct or cause to be performed or constructed additional work in-kind, constituting a part of the Facilities. The conditions under which any such work in-kind constituting a part of the Facilities may be accepted shall be specified in an agreement (the "Acquisition and Funding Agreement") to be entered into by the Community Facilities District and S-P Redlands- provided, however, that, prior to the Community Facilities District's entering into such Agreement, such Agreement shall have been approved by resolution of the City Council. The City Council proposes to reimburse S- P Redlands for the value or cost, whichever is less, of such work in-kind constituting a part of the Facilities as may be accepted, without interest, solely from the proceeds of special taxes levied within the Community Facilities District, and the proceeds of special tax bonds issued by the Community Facilities District. The conditions under which the value or cost, whichever is less, of such work in-kind may be reimbursed to S-P Redlands shall be specified in the Acquisition and Funding Agreement, provided, however, that such conditions shall include the condition that the proposed special tax be approved by the qualified electors of the Community Facilities District pursuant to the Act. Section 13. The officers and employees of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof Section 14. This Resolution shall take effect immediately upon its adoption, DO IA 1373092,1 42149.3 WV'VB 3 Section 15. The City Clerk shall certify to the passage of this Resolution. PASSED, APPROVED AND ADOPTED this )rd da-v cel", prd 2001. Mayor of the City of Redlands ATTEST: 1, Lome Poyzer, City Clerk- of the City of Redlands, hereby certify that the foregoing IVS011.111on was duly adopted by the City Council at a regular meeting thereof held on the .3rd day of April, 2001, by the following vote: I -- AYES: Couricilmembers George, Freedman Haws and Peppler; Mayor Gilbreath NOES: None ABSENT: None ABSTAIN: on City of Redlands EXHIBIT A FACILITIES, COMPLETED FACILITIES AND INCIDENTAL EXPENSES Facilities The proposed works of improvements are generally described as follows: A. The constructions of streets which will include grading, compaction, aggregate base, asphalt concrete paving, concrete curb and gutter, sidewalk, street lights, street name signs, general traffic signage, traffic striping, landscaping, irrigation, and miscellaneous work in the following streets: I San Bernardino Avenue from its intersection with California Street westerly to a point approximately 3560 ft. westerly of said intersection. 2, The westerly one-half of California Street from San Bernardino Avenue northerly to Palmetto Avenue, a distance of approximately 2647 ft, Also in California Street the placement of aggregate base and asphalt concrete paving 48 ft. wide from San Bernardino Avenue southerly a distance of approximately 2640 ft. to the intersection of Lugonia Avenue. B. Construction of storm drain facilities of various sizes, ranging from 24-inch to 108-inch diameter reinforced concrete pipe storm drains, inlet pipes,junction structures, catch basins, outlet structures and appurtenant work in the following streets and/or public easements. I San Bernardino Avenue from it's intersection with future Marigold Avenue, Easterly a distance of approximately 992 ft. Future Marigold Avenue from it'%intersection with San Bernardino Avenue- Northerly a distance of approximately 2700 ft. Future Palmetto Avenue from it's intersection with future Marigold Avenue, easterlya distance of approximately 1.203 ft, 4 `aliforrtia Street from its intersection with San Bernardino Avenue, northerly and extending NNithin the San Bernardino County Flood Control right of way a distance of approximately 4739 ft, Beginning at the intersection of future Marigold Avenue with future Palmetto Avenue, thence westerly in a City of Redlands drainage easement a distance of approximately 1918 ft. DOCSIA 1:37,109Z 1 42141)5 WWB A-1 C. Installation of Traffic Signals at the intersection of. 1, San Bernardino Avenue at California Street 2, San Bernardino Avenue at future Marigold Avenue 3, California Street at Lugonia Avenue D.= Construction of water facilities including 10-inch, 12-inch and 16-inch diameter potable water mains, including fire hydrants, services and appurtenances in the following streets. 1, San Bernardino Avenue from its intersection with California Street, westerly, a distance of approximately 1852 ft, 1 California Street from its intersection with Lugoma Avenue, northerly, a distance of approximately 5252 ft. to the intersection with future Palmetto Avenue, 3 In future Marigold Avenue from its intersection with fir ure Palmetto Avenue, southerly, a distance of approximately 1146 ft; 4. In future Palmetto Avenue from its intersection with California Street., westerly a distance of approximately 2030 ft. to its intersection with Marigold Avenue, E. Construction of non-potable water facilities including 6-inch, and S-inch diameter mains and appurtenances in the following streets: 1: San Bernardino Avenue front its intersection with future Marigold Avenue westerly approximately 1505 ft. and also easterly to its intersection with California Street. 2, In California Street from its intersection with San Bernardino northerly to its intersection with Palmetto Avenue. 1, In Palmetto Avenue from its intersection with California Street,westerly to its intersection with future Marigold Avenue, 4In Marigold Avenue from its intersection with San Bernardino Avenue northerly approximately 1900 ft. to point A, and from point A northerly to the intersection with Palmetto Avenue, Also from point A westerly a distance of approximately 580 ft, F. Construction of sewer facilities including 12-inch and 15-inch diameter Sewer mains, sewer laterals, manholes and appurtenant work on the Following streets: I San Bernardino Avenue from its intersection with California Street, westerly a distance of approximately 1854 ft, DOCSLA 1 17301)2.1 421-19-3 WWB A-2 1 In future Marigold Avenue fromits intersection with future Palmetto Avenue, southerly a distance of approximately I 15 6 & 3, In future Palmetto Avenue from its intersection with future Marigold Avenue, easterly a distance of approximately 2088 ft. to the intersection of California Street, Incidental Expenses Incidental expenses proposed to be incurred include the following: (a) the cost of planning and designing public facilities to be financed, including the cost, of environmental evaluations of those facilities; (b) the costs associated with the creation of the Community Facilities District, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District; and (c) any other expenses incidental to the construction, completion, and inspection of the authorized work, DOCSI-At373092 i 42149 3 WWB A-3 COPY of Document Recorded RECORDING REQUESTED BY AND JUN 0 8 AFTER RECORDATION RETURN TO: on 1--, as No. A City Clerk Has not been compared vv;th origi al. City of Redlands SAN BERNARDIN O COUNTY REC080ER c/o City of Redlands _15 Cajon Redlands, California 92373-1505 NOTICE OF SPECIAL TAX LIEN CITY OF REDLANDS COMMUNITY FACILITIES DISTRICT NO. 2001-1 Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 53328.3 of the Mello-Roos Community Facilities Act of 1982 (the "Act), the undersigned City Clerk of the City of Redlands (the "City"), hereby gives notice that a lien to secure payinent of a special tax is hereby imposed by the City Council of the City. The special tax secured by this lien is authorized to be levied for the purpose of paying the principal of and interest on bonds, the proceeds of which are being used to finance the acquisition of certain facilities and improvements, located in Community Facilities District No. 20001-1 (Northwest Development Project) of the City of Redlands. The special tax is authorized to be levied within the City of Redlands Comm.unity Facilities District No. 2001-1, (Northwest Development Project) (the "District") which has now been officially formed and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and. canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330,5 of the Act. The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit A attached hereto and hereby made a part hereof Conditions under which the oblivation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as set forth in Exhibit A hereto. Notice Is further given that upon the recording of this notice in the office of the San Bernardino County Recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the District in accordance with Section 3115.5 of the California Streets and Hi 0,hways Code. The name(s) of the owner(s) and the assessor's tax parcel number(s of the real property included within the District and not exempt from the special tax are as set faith in Exhibit B attached hereto and hereby made;a part hereof. 1_186758,1 Reference is made to the amended boundary map of the District recorded as Iustrui-hent No, M010134282, in the office of the San Bernardino County= Recorder, which neap is now the final boundary 7nap of the District For further information concerning the current and estimated future tax liability of owners or purchasers of teal property subject to this special tax lien, interested persons should contact the Finance Director of the City of Redlands, c/o City of Redlands, 35 Cajon, Redlands, California 92373-1505, {909) 798-7543. Dated; .lune 1, 2001 By: a. lorrie P er City Clerk City 0 edlands EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX RATE ANDMETHOD HOD CSF APPORTION'�IENT FOR CITY OF REDLA\SDS COMMUNITY FACILITIES DISTRICT NO. 2001-1, (NORTHWEST DEVELOPMENT PROJECT) A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in the City of Redlands Community Facilities District No. 2001-1 (Northwest Development Project) ("CFD No. 2001-1") and collected each Fiscal Year commencing in Fiscal Year 2001-02,in an amount determined by the City Council of the. City of Redlands, through the application of the late and Method of Apportionment as described below. All of the real property in CFD No.21101'-1,unless exempted by law or by the provisions hereat, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings:> "Acre or Acreage" means the land,area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the hand area is not shown on an Assessor's Parcel Map, the land area shown on applicable final map, parcel reap,condominium plan,or other recorded County parcel map. "Act"means the Mello-Roos Community Facilities Act of 1982 as amended 'being Chapter 2.5, Division 2 of'Title 5 of the Government Codd of the State of California. "Acquisition and Funding Agreement"means the Acquisition and Funding Agreement for CFD No. 2001-1 that was approved by the Council, as it may be modified or supplemented from time to time. "Administrative Expenses" means the following actual or treasonably estimated costs directly related to the administration of CFD No.2001-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both);the costs of collecting the Special Taxes(whether by the County or otherwise); the casts of remitting the Special Taxes to the Trustee, the costs of the Trustee; (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2001-1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2001-1 or any designee thereof of complying with City, CFD No. 2001-1 or obligated persons disclosure. requirements associated with applicable; federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statement,,; and responding to public inquiries regarding the Special:faxes,the costs of the City,,CFD No. 2001-1 or any designee thereof related to an appeal of the Special Tax,the costs associated with the release of"funds from an escrow account,and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2001-1 for any other administrative purposes of CFD No., 2001-1, including City,ofRedlands April 2 7,2001 CFD No. 2001-1(Northwest Development Project) ,'ra cy 1 attorney's fecs> and other costs related to commencing and pursuing to completion ally foreclosure of delinquent Special Taxes, "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number, "Assessor's Parcel INIap" means an official map of the County Assessor of the County designating parcels by Assessor's parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Class of Developed Property, as determined in accordance with Section C below. "Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C below. "Bonds" means any bonds or other debt(as defined in Section 53317(d)of the Act),whether intone or more series, issued by CFD No. 2001-1 under the Act. "CFD No. 2001-1" means the City of Redlands Community Facilities District No. ?001-1 (Northwest Development Project). "City" means the City of Redlands. "Council" means the City Council of the City, "County" means the County of San Bernardino. "Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property, for which a building permit for new construction was issued after January 1, 2001 and prior to January I of the prior Fiscal Year. "Finance Director" the Finance Director of the City or his or her designee. "Fiscal Year" means the period starting July I and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued,as modified,amended and/or supplemented from time to time. "Land Use Class" means any of the classes listed in Table I below. "Maximum Special Tax" means the Maximurn Special Tax,deter-nined in accordant with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel, "Non-Residential Property" means all Assessor's Parcels of Developed Property fol a building permit was issued for a non-residential use. Qv of Redlands Alain Vii,2001 CFD No. 20#1-1(Northwest Developmew Prqject) P 2 "Outstanding Bonds" means all Bonds which are deemed to be outstanding Linder the Indenture. "Proportionately" means, for Developed Property,that the ratio of the actual Special Tax levy to the Assigned Special Tax is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property. "Property Owner Association Property" means,for each Fiscal Year,any property within the boundaries of CFD No. 2001-1 that was owned by a property owner association, including any master or sub-association, as of January I of the prior Fiscal Year. "Public Property" means,for each Fiscal Year,any property within CFD No.2001-1 that is owned by, irrevocably offered for dedication to,or dedicated to the federal government,the State,the County,the City or any other public agency as of June 30 of the prior Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. To ensure that property is classified as Public Property in the first Fiscal Year after it is acquired by, irrevocably offered for dedication to, or dedicated to a public agency, the property owner shall notify the Finance Director in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructi ing one or more residential dwelling units. "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2001-1 to: (i) pay debt service on all Outstanding Bonds; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii)pay Administrative Expenses;(1v)pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (vi) a credit for funds available to reduce the annual Special Tax levy, as determined by the Finance Director pursuant to the Indenture. "State" means the State of California. "Taxable Property"means all of the Assessor's Parcels within the boundaries of CFD No. 2001-1 which are not exempt from the Special Tax pursuant to law or Section E below. "Taxable Property Owner Association Property" ineans all Assessor*s Parcels of Property Owner Association Property that are not exempt pursuant to Section E below. City of Redlands April 2:F,2601 CFD Afo.2001-1(North west Development Project) Page 3 "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt pursuant to Section E below. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means,for each Fiscal Year,all Taxable Property not classified as Developed Property, Taxable Public Property or Taxable Property Owner Association Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2001-1 shall be classified as Developed Property,Taxable Public Property,Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property a. Maximum SDecial,Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax. bAssigned Special Tax The Assigned Special Tax for each Land Use Class is shown below in Table 1. TABLE I Assigned Special Taxes for Developed Property in Community Facilities District No. 2001-1 (Northwest Development Area:)I LAstgttd po, I Tax t anatse"Clas 0 Non-Residential Property $3,669 per Acre Residential Property $4,316 per Acre City of Redlands April 27,2001 CFD,,Vo.2001-1(Northwest Development Project) Page 4 c, Backup Special Tax The Backup Special Tax in CFD No. 2001-1 shall equal S4,316 per Acre. 2. Undeveloped Property,Taxable Public Property�and Taxable Property Owner Association Property The Maximum Special Tax for Undeveloped Property,Taxable Public Property,and Taxable Property Owner Association Property shall be $4,316 per Acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2001-02 and for each following Fiscal Year,the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equal 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 Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax-, Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100%of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed,then the levy of the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed,then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Public Property and Taxable Property Owner Association Property tip to the Maxinium Special Tax for Taxable Public Property or Taxable Property Owner Association Property. E. EXEMPTIONS No Special Tax shall be levied on, up to 11.016 Acres of Public Property and/or Property Owner Association Property, Tax-exempt status will be irrevocably assigned by the Finance Director in the chronological order in which property becomes Public Property or Property Owner Association Property, Public Property or Property Owner Association Property that is not exempt from Special Taxes under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the fourth step in Section D above,at up to 100%of the applicable City(if Redlands April 2 7,2001 CFD,'Vo. 2001-1(Northivev Development Project) Page,5 Maximum Special Tax for Taxable Public Property or Taxable Property Owner Association Property. F. APPEALS AND ISITE RPRETATtONS Any taxpayer may file a written appeal of the Special Tax on his/her property with the Finance Director, provided that the appellant is current in his/her payments of Special Taxes. >During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. Ther Finance Director shall review the appeal, meet with the appellant if the Finance Director deems necessary, and advise the appellant of its determination, If the Finance Director agrees with the appellant, the Finance Director shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant. If the Finance Director disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the Finance Director's determination, Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment. G. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No, 2001-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. H. PREPAYMENT OF SPECIAL TAX 1. Prepayment in Full The following definition applies to this Section H: "Outstanding Bonds" means all Bonds which are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. The obligation of an Assessor's Parcel to pay the Special Tax may be prepaid and pennariently satisfied as described herein;provided that a prepayment maybe made onlyfor Assessor's Parcels of Developed Property or Undeveloped Property for which a building permit has been issued,and only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to City of Redlityids April 27,20#1 CFD No. 2001-1 (Northwest DevLlopment Project) Page 6 prepay the Special Tax obligation shall provide the Finance Director with written notice of intent to prepay. Within 30 days of receipt of such written notice,the Finance Director shall notify such owner of the prepayment amount of such Assessor's Parcel, The Finance Director may charge-a reasonable fee for providing this service, Prepayment must be made not less than 45 days prior to the next occurring date that notice of redeiription of Bonds from the proceeds of such prepayment may be given to the Trustee pursuant to the Indenture, 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: ParqZraph,No.. I Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax and Backup Special Tax. For Assessor's Parcels of Undeveloped Property for which a building permit has been issued, compute the Assigned Special Tax and Backup Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. 3. (a) Divide the Assigned Special Tax computed pursuant to paragraph 2 by the total estimated Assigned Special Taxes for the entire CFD No. 2001-1 based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development through buildout of CFD No. 001-t1, excluding any Assessor's Parcels which have been prepaid, and (b) Divide the Backup Special Tax computed pursuant to paragraph 2 by the total estimated Backup Special Taxes at buildout for the entire CFD No. 2001-1, excluding any Assessor's Parcels which have been prepaid. 4, Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid(the "Bond Redemption Amount"), City qj'Redlanth ApH127,2001 CFD N&2001-1(North west Development Project) Page 7 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the Z:7 applicable redeniption premium, if any, on the Outstanding 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 following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 1 7: Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. 8- Compute the minimum amount the Finance Director reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 9, Add the amounts computed'pursuant to paragraphs 6 and.7 and subtract the amount computed pursuant to paragraph 8 (the "Defeasance Amount"). 10. Verify the administrative fees and expenses of CFD No. 2001-1, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 11. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement(as defined in the Indenture)on the prepayment date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment(the "Reserve Fund Credit'). No Reserve Fund Credit shall be granted if reserve funds are below 100% of the reserve requirement. 11 If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed.pursuant to paragraph 3(a)or 3(b)by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"), 11 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 I I and 12 (the "Prepayment Amount"). 14. From the Prepayment Amount,the amounts computed pursuant to paragraphs 4,5.9 I I and 12 shall be deposited into the appropriate fund as established tinder the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 10 shall be retained by CFD N0.2001-1. City of Redlands April 2 7,2001 CF1)No.0#1-I(Northwest Development Project) Page 8 The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt set-vice payments. As a result of thepaynientofthe current Fiscal.Year's Special Tax levy as determined tinder paragraph 7(above),the Finance Director shall rernove 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 that is prepaid, 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. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Assigned Special Taxes that may be levied on Taxable Property within CFD No. 2001-1 both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. 2. Prepayment in Part The Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid, The amount of the prepayment shall be calculated as in Section H.1; except that a partial prepayment shall be calculated according to the following formula: PP= PE x F. These terms have the following meaning. PP the partial prepayment PE the Prepayment Amount calculated according to Section H.1 F the percentage by which the owner of the Assessor's Parcels) is partially prepaying the Special Tax. The owner of any Assessor's Parcel who desires such prepayment shall notify the Finance Director of such owner's intent to partially prepay the Special Tax and the percentage by which the Special Tax shall be prepaid. The Finance Director shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for an Assessor's Parcel within thirty 0)days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall Vii) distribute the funds remitted to it according to Section 11.1,and (1i)indicate in the records of CFD No. 200 1-1 that there has been a partial prepayment of the Special Tax and that a portion of the Special Tax, with respect to such Assessor's Parcel, equal to the outstanding percentage(1.00-F)of the remaining Maximum Special Tax,shall continue to be levied on such Assessor's Parcel pursuant to Section D. City of Redlands Aril 27,2001 CFDA'o.2001-1 (Vordmest DeveLopLnent Project) Page 9 1. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed ti fty years commencing with Fiscal Year 2001-02. r,t:ctieritfiyIRLDL,ANri iniei](�cfci2OOI-krma-,RX,4A3Aoc CTD No. 001-1(North wesfDevelopmewProjeq) Page 10 EXHIBIT B PROPERTY OWNER ASSESSOR'S PARCEL NUMBERS Name of Property Owner Assessor's Parcel Nos. Pobert Patillo Properties, fnc. 167-591-04 167-591-02 167-551-02 167-551-05 167-601-01 167-561-01 167-561-02 167-631-04 167-631-01 167-672-01 167-641-02 167-681-01 167-681-02 167-671-01 167-711-01 167-711-02 167-701-01 167-701-02 167-691-02 167-691-01 2. S-P Redlarids, LLC Parcel B 167-561-01 167-641-01 167-571-02 16`7-6171-02- 157- 11-031 67-601-02167-611-01 167-651-02 Parcel C 167-581-01 167-621-01 167-661-01 167-571-01 167-611-02 167-651-01 RATE AND METHOD OF APPORTIONMENT T FOR CITY OF REDLANDS COMMUNITY FACILITIES DISTRICT NO. 2001-1 (NORTHWEST DEVELOPMENT PROJECT) A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in the City of R clan Community Facilities District No. 2001-1 (Northwest Development Project)("CFD No. 20tH-1" and eollected each Fiscal Year commencing in Fiscal Year 2001-02,in an amount determined by the City Council of the City of Redlands, through the application of the Rate and ]Method of Apportionment as described below. All of the real property in CFD No.2001-1,unless exempted by law or by the provisions hereof, shall be taxed for the purposes„to the extent and in the manner herein provided. A. DEFINITIONS TIONS The terms hereinafter set forth have the following meanings. ":Acre or Acreage"means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown: on an Assessor's Parcel Map; the land area shown on the applicable final map,parcel reap;condominium plan,or other recorded County parcel map:; "Act" means the Dello-Roos Community Facilities Act of 1982,as amended,being Chapter 2 , Division 2 of Title 5 of the Government Code of the State of California. "Acquisition and Funding Agreement"means the Acquisition.and Funding Agreement for CFD leo, 2001-1 that was approved by the Council, as it may be modified or supplemented from time to time. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No.2001-1: the casts of computing the Special Takes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof orboth);the casts of collecting the Special Taxes(whether by the County or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel)in the discharge of the duties required of it tinder the Indenture; the costs to the City, CFD No. 2001-1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2001-1 or any designee thereof of complying with City, CFD No 2001-1 or obligated persons disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes;the costs of the City,,CFD No.2001-1 or any designee thereof related to an appeal of the Special Tax;the casts associated with the release of funds from an escrow account;and the City's arnival administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2001-1 for any other administrative purposes of CFD No. 001-1, including Chof Redlands_ ;March 6,2001 attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's parcel number.- "Assigned Special Tax" means the Special Tax for each Land Use Class of Developed Property, as determined in accordance with Section C below. "Back-up Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C below. "Bonds"means any bonds or other debt as defined in Section 53317(d) fthe Act),whether in one or more series, issued by CFD No. 2001-1 under the Act. "CFD No. 2001-1" means the City of Redlands Community Facilities District No. 2001-1. (Northwest Development Project). "City" means the City of Redlands. "Council" means the City Council of the City. "County" means the County of San Bernardino. "Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property, for which a building permit for new construction was issued after January 1,2001 and prior to January I of the prior Fiscal Year. "Finance Director" the Finance Director of the City or his or her designee. "Fiscal Year" means the period starting July 1-and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bands are issued,as modified,amended and/or supplemented from time to time. "Land Use Class" means any of the classes listed in Table I below. "Maxitnum Special Tax"means the Maximum Special Tax,determ, ined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property"means all Assessor's Parcels of Developed Property forwhich a building permit was issued for a non-residential use. City of Redlands March 26,2001 CFD No. 2001-1 (Northwest DevetopmentPr ,_!)�ect Paze 2 k, "Outstanding Bonds" means all Bonds which are deemed to be outstanding under the Indenture. "Proportionately" means;. for Developed Property,that the ratio ofthe actual Special Tax' levy to the Assigned Special Tax is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property. "Property Owner Association Property"means,for each Fiscal Year,any property within the boundaries of CFD No. 2001-1 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year. "Public Property"means,for each Fiscal Year,any propert within CFD No.2001-1 that is owned by, irrevocably offered for dedication to or dedicated to the federal government, the State,the County,the City or any other public agency as of June 30 of the prior Fiscal Year; providedhowever that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. To erasure that property is classified as Public Property in the first Fiscal Year after it is acquired by, irrevocably offered for dedication to, or dedicated to a public agency, the property owner shall notify the Finance Director in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued forpurposes ofconstructing one or more residential dwelling units. "Special Tax" paeans the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD leo; 2041-1 to: (i) pay debt service on all outstanding grids; (ii) pair periodic casts on the Bonds, including but not limited to,credit enhancement and rebate payments on the Ponds;. (iii)pay Administrative Expenses-,(iv)pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (vi) a credit for farnds available to reduce the annual Special Tax levy, a determined by the :Finance Director pursuant to the Indenture: "State" means the State of California "Taxable Property"means all of the Assessor's Parcels within the boundaries of CFD No. 2001-1 which are not exempt from the Special Tax pursuant to law or Section F below; "Taxable Property Owner Association Property" means all Assessor's Parcels of Property towner Association Property that are not exempt pursuant to Section E below: Gly of Redlands March 26,,2001 CFD No. 2001-1 (Northwest Development Project) farm,3 "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt pursuant to Section E below. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means,for each Fiscal Year,all Taxable Property not classified as Developed Property, Taxable Public Property or Taxable Property Owner Association Property. B. ASSIGNMENT"TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2001-1 shall be classified as Developed Property,Taxable Public Property,Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE I. Developed Property a. Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax. b. Assimed St)ecial Tax The Assigned Special Tax for each Land Use Class is shown below in Table TABLE I Assigned Special Taxes for Developed Property in Community Facilities District No. 2001-1 Northwest Develo ment Area) ......... Non-Residential Property $3,669 per Acre 2 Residential Property $4,316 per Acre City of Redlands Hards 26, 001 CFD No. 2001-1(Northwest Development Project) Paze 4 C, Backer Special Tax The Backup Special Tax in CPD No. 20 1-1 shall equal;$4, 1 per acre; 2. Undeveloped Property,Taxable Public Property,and Taxable Property Owner Association Property The Maximum Special Tax for Undeveloped Property,Taxable Public Properly,and Taxable Property Owner Association Property shall be S4,316 per Acre: D. METHOD OF APPORTIONMENT OF THE ,SPECIAL TAX Commencing with Fiscal Year 2001-02 and for each following Fiscal Year,the Council shall determine the Special Tax Requirement and shall levy the Special;Tax until the amount of Special Taxes equal the Special `Fax. requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each. Assessor's Parcel o Developed Property at up to 100% of the applicable Assigned Special Tax.- Second: ax;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 pp to 100%of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed,then the levy of the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application o the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parol, 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 and Taxable Property Owner Association Property up to the Maximum Special Tax for Taxable Public Property or Taxable Property Owner Association Property: E. EXEMPTIONS NS No Special Tax shall be levied can up to 11.016 Acres of Public Propertyand/or Property' Owner Association Property. Tax-exempt status will be irrevocably assigned by the Finance Director in the chronological order in which property becomes Public Property or Property Owner Association Property: Public Property or Property towner Association Property that is not exempt from. ,Special Taxes under thissectionshall be subject to the levy of the Special Tax and shall be taxed City of Redlands March 26,2001 CFD J'4& 2 001-1 (North �rrt Project) Page Proportionately as part of the fourth step in Section D above,at up to 100%of the applicable Maximum Special Tax for Taxable Public Property or Taxable Property Owner Association Property. F. APPEALS AND INTERPRETATIONS Any taxpayer may file a written appeal of the Special Tax on his/her property with the Finance Director, provided that the appellant is-current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Finance Director shall review the appeal, meet with the appellant if the Finance Director deems necessary, and advise the appellant of its determination. If the Finance Director agrees with the appellant, the Finance Director shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant. If the Finance Director disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the Finance Director's determination. Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment. G. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2001-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. H. PREPAYMENT OF SPECIAL TAX I. Prepayment in Full The following definition applies to this Section H: "Outstanding Bonds" means all Bonds which are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. The obligation of an Assessor's Parcel to pay the Special Tax may be prepaid and permanently satisfied as described herein;provided that.a prepayment maybe made only for Assessor's Parcels of Developed Property or Undeveloped Property for which a building permit has been issued,and only if there are no delinquent Special Taxes with respect to such Chy of Redlands ill-arch 26,2001 CID No. 20#1-1(Northwest Developozentl,project) paze 6 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 Finance Director with written,notice of intent to prepay. Within 30 days of receipt of such written notice,the Finance Director shall notify such owner of the prepayment amount of such Assessor's Parcel. The Finance Director may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of Bonds from the proceeds of such prepayment may be given to the Trustee pursuant to the Indenture. The 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 avitalized 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 Assigned Special Tax and Backup Special Tax. For Assessor's Parcels ofUndeveloped Property for which a building permit has been issued, compute the Assigned Special Tax and Backup Special Tax for that Assessor's Parcel as though it was already designated as Developed Property,based upon the building permit which has already been issued for that Assessor's Parcel. 3. (a) Divide the Assigned Special Tax computed pursuant to paragraph 2 by the total estimated Assigned Special Taxes for the entire CFD No. 2001-1, based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development through buildout of CFD No. 2001-1, excluding any Assessor's Parcels which have been prepaid, and (b) Divide the Backup Special Tax computed pursuant to paragraph 2 by the total estimated Backup Special Taxes at buildout for the entire CFD No. 2001-1, excluding any Assessor's Parcels which have been prepaid. 4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). Cit y of Redlands Alarch 26,i0o, CFD No.2001-1(Nonli west Development Project) Pape 7 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium, if any, on the Outstanding 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 following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. 8. Compute the minimum amount the Finance Director reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8 (the "Defeasance Amount"). 10. Verify the administrative fees and expenses of CFD No.2041-1,including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption(the "Administrative Fees and Expenses"). 11. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement(as defined in the Indenture)on the prepayment date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment(die "Reserve Fund Credit'). No Reserve Fund Credit shall be granted if reserve funds are below 100% of the reserve requirement. 12. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a)or 3(b)by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"), 13. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 9 and 10, less the arnaunts computed pursuant to paragraphs 11 and 12 (the "Prepayment Amount")-. 14. From the Prepay,rnent Amount,the amounts computed pursuant to paragraphs 4,5,9 11 and 12 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 10 shall be retained by CFD No.2001-1. Ch T of Redlands Alarch 26,2001 CFD No.2001-1(Northwe-vt Develpm!e�nt Projeet) Pope 8 The Prepayrnent Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above S5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to mal�e debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7(above),the Finance Director 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 that is prepaid, 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. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Assigned Special Taxes that may be levied on Taxable Property within CFD No. 2001-1 both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. 2. Prepayment in Part The Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section H.1; except that a partial prepayment shall be calculated according to the following formula: PP =PE x F. These terms have the following meaning: PP = the partial prepayment Pe= the Prepayment Amount calculated according to Section H.1 F= the percentage by which the owner of the Assessor's Parcel(s)is partially prepaying the Special Tax. The owner of any Assessor's Parcel who desires such prepayment shall notify the Finance Director of such owner's intent to partially prepay the Special Tax and the percentage by which the Special Tax shall be prepaid. The Finance Director shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for an Assessor's Parcel within thirty(30)days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (1)distribute the funds remitted to it according to Section H.1,and(ii)indicate in the records of CFD No. 2001-1 that there has been a partial prepayment of the Special Tax andthat a portion of the Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage(1.00-F)of the remaining Maximum Special Tax,shall continue to be levied on such Assessor's Parcel pursuant to Section D. City of Redlands Alarch 26,2001 CFD No.2 001-1(North west Dereloent Pro jecq', Pape 9 I.- TERM OF SPECIAL "TA." The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year?001- . K.tt'lietits"-tit]DLAND'i'nicllcscfd OO9al`.nna\RMA3.do City of Redlands March,fit,2001 CFD.IVu. 001-1 (1'orthivest Development Project) fags 10 DEPOSIT AND REIMBURSEMENT AGREEMENT° by and between CITY OF REDLANDS and -F REDLANDS, LLC Dated as of April 3, 2001 CITY OF R DL NDS COMMUNITY FACILITIES DISTRICT NO. 001-1 (NORTHWEST DEVELOPMENT PROJECT) >OCS U L37308L] DEPOSIT AND REIMBURSEMENT AGREEMENT THIS DEPOSIT AND REIMBURSEMENT AGREEMENT (this "Deposit Agreement."') is made and entered into as of April 3, 2001 by,and between the CITY O PEDLA S (the "City") and'S-P REDLANDS, LLC (the "Owner" WITNESSETH WHEREAS, the Owner has petitioned the City to create a community facilities district to be designated `City of Redlands Community Facilities District No. 2001-1 (Northwest Development Project)" (the "Community Facilities District") under the Mello-Roos Community Facilities Act of 1952 (the "Act"); WHEREAS, in accordance with the City's policy regarding use of the Act, the towner is required to compensate the City for all costs incurred in formation of the Community Facilities District, WHEREAS, Section 533 t4.9 of the Act provides that, at any time either before or after the formation of a community facilities district, the legislative body may accept advances of funds from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds for any authorized purpose, including, but not; limited to, paying any cost incurred by the local agency in creating a community facilities district; WHEREAS, Section 53314.9 of the Act further provides that the legislative body may enter into an agreement, by resolution, with the person or entity advancing the funds, to repay all or a portion of the funds advanced, as determined by the legislative body, with or without interest, under- all of the following conditions: (a) the proposal to repay the funds is included;in both the resolution of intention to establish a community facilities district adapted pursuant to Section 533521 of the Act and in the resolution of formation to establish the community facilities` district pursuant to Section 5335.1 of the Act, (ti) any proposed special tai is approved by the qualified electors of the;community facilities district pursuant to the Act, and (c) any agreement shall specify that if the qualified electors of the community facilities district do not approve the proposed special tax, the local:agency shall return any funds which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the hands; WHEREAS, the City" and the Owner desire to enter into this Deposit Agreement in accordance with Section 53314.9 of the Act in order to provide for the advancement of funds by the Owner to be used to pay costs incurred in connection with thecreationof the Community :Facilities District and the issuance of special tax bands (the "ends") thereby, and to provide for the reimbursement to the Owner of such funds advanced, without interest,_from the proceeds of any Bonds issued by the Community Facilities District, and WHEREAS, the Owner acknowledges that the Owner alone is rewired to pay all costs incurred in connection with the fon-nation of the Community Facilities District, and the City shall be entitled to reimbursement or advar7cernent of funds for such purposes from the fawner alone, DOCSLA 1:37308 1A 42149-3 WW/ notwithstanding the fact that there are other property owners within the proposed Community Facilities District, NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties here-to agree as follows: Section 1. The Deposits and Application Thereof (a) The Owner has previously deposited with the City the amount of$25,000 (the "Initial Deposit"). The City, by its execution hereof, acknowledges receipt of, and accepts, the Initial Deposit. (b) The Initial Deposit, together with any subsequent deposit required to be made by the Owner pursuant to the terms hereof (collectively, the "Deposits"), are to be used to pay for any costs incurred for any authorized purpose in connection with the creation of the Community Facilities District and the issuance of Bonds thereby, including, without limitation, (a) the fees and expenses of any consultants to the City employed in connection with the creation of the Community Facilities District and the issuance of Bonds thereby, including an engineer, special tax consultant, financial advisor, bond counsel and any other consultant deemed necessary or advisable by the City, (b) the costs of appraisals, market absorption and feasibility studies and other reports deemed necessary or advisable by the City in connection with the creation of the Community Facilities District and the issuance of Bonds thereby, (c) the costs of publication of notices, preparation and mailing of ballots and other costs related to any hearing, election or other action or proceeding undertaken in connection with the creation of the Community Facilities District and the issuance of Bonds thereby, (d) reasonable charges for City staff time incurred in connection with the creation of the Community Facilities District and the issuance of Bonds thereby, including a reasonable allocation of City overhead expense related thereto, and (e) any and allother actual costs and expenses incurred by the City in connection with the creation of the Community Facilities District and the issuance of Bonds thereby (collectively, the "Initial Costs"). The City may draw upon the Deposits from time to time to pay the Initial Costs. (c) If, at any time, the unexpended and unencumbered balance of the Deposits is less than $10,000, the City may request, in writing, that the Owner make an additional deposit in an amount estimated to be sufficient, together with any such unexpended and unencumbered balance, to pay for all Initial Costs, The Owner shall make such additional deposit with the City within two weeks of the receipt by the Owner of the City's written request therefor. If the Owner falls to make any such additional deposit within such two, week period, the City may cease all work related to the creation of the Community Facilities District and the issuance of Bonds thereby. (d) The Deposits may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at all times maintain records as to the expenditure of the Deposits. (e) The City shall provide the Owner with a periodic summary of expenditures made from the Deposits, and the unexpended balance thereof, within ten business days of receipt by the City of a written request therefor submitted by the Owner. The cost of providing any such summary shall be charged to the Deposits. L)O('-'SI,A I.373081J 42149-3 WAT 2 Section 2. Return of Qgposits; Reimbursement, (a) As provided in Section 53314.9 of the Act, the approval by the qualified electors of the Community Facilities District of the proposed special tax to be levied therein is a condition to the repayment to the Owner of the funds advanced by the Owner pursuant hereto. Therefore, if the qualified electors of the Community Facilities District do not approve the proposed special tax to be levied therein, the City shall have no obligation to repay the Owner any portion of the Deposits expended or encumbered to pay Initial Costs. In accordance with Section 53314,9 of the Act, if the qualified electors of the Community Facilities District do not approve the proposed special tax to be levied therein, the City shall return to the Owner any portion of the Deposits which have not been expended or encumbered to pay Initial Costs by the time of the election on said proposed special tax.. (b) If proceedings for the creation of the Community Facilities District or the issuance of Bonds thereby are terminated, the City shall, within ten business days after official action by the City or the Community Facilities District to terminate said proceedings, return the then unexpended and unencumbered portion of the Deposits to the Owner, without interest. (c) If Bonds are issued by the Community Facilities District, the City shall reimburse the Owner, without interest, for the portion of the Deposits that has been expended or encumbered, said reimbursement to be made within ten business days after the issuance of such Bonds, solely from the proceeds of such Bonds and only to the extent otherwise permitted under the Act. The City shall, within ten business days after the issuance of such onds,<return the then unexpended and unencumbered portion of the Deposits to the Owner, without interest. Section 3. Abandonment of Proceedings. The Owner acknowledges and agrees that the creation of the Community Facilities District shall be in the sole discretion of the City. No provision of this Deposit Agreement shall be construed as an agreement, promise or warranty of the City to create the Community Facilities District or of the Community Facilities District to issue the Bonds. The City shall have no liability to the Owner for any decision not to create the Community Facilities District and neither the City nor the Community Facilities District shall have any liability to the Owner for any decision not to issue the Bonds. Section 4. Deposit Agreement Not Debt,or Liability- of Cj!j As provided in Section 533149(b) of the Act, this Deposit Agreement does not constitute a debt or liability of the City. The, City shall not be obligated to advance any of its own funds to pay Initial Costs or any other costs incurred in connection with the creation of the Community Facilities District and the issuance of Bonds thereby, No member of the City Council of the City and no officer, employee or agent of the City shall to any extent be personally liable hereunder. Section 5. Indemnification and Hold Harmless. The Owner hereby agrees to assume the defense of, indemnify and hold harmless the City, and each of its members, officers, employees and agents, from and against all actions, claims or proceedings of every type and description to which they or any of them may be subjected or put, by reason of, or arising out of. any acts or omissions of the Owner or any of its members, officers, employees, contractors or agents in connection with the creation of the Community Facilities District and the issuance of Bonds thereby. The City shall promptly notify the Owner of any such claim, action or proceeding, and the City shall cooperate in the defense thereof. The obligations of the Owner DOCSIA1373081A 42149-3 WNWR 3 under this Section shall not apply to any claims, actions or proceedings arising through the negligence or willful misconduct of the City, its members, officers or employees. Section 6. Notices. All written notices to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other parties in writing from time to time, namely- If to the City: City of Redlands 35 Cajon Street Redlands, California 92373 Attention: Finance Director If to the Owner S-P REDLANDS, LLC 15751 Rockfield Boulevard, Suite 1.00 Irvine, California 92618 Attention: Managing Director Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication, hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopier, upon the sender's receipt of an appropriate answerback or other written acknowledgment, (c)if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (c) if given by any other means, upon delivery at the address specified in this Section. Section 7. California Law. This Deposit Agreement shall be governed and construed in accordance with the laws of the State of California. Section 8. Severability. If any part of this Deposit Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Deposit Agreement shall be given effect to the fullest extent reasonably possible. Section 9. Successors and sins. This Deposit Agreement shall be binding, upon and inure to the benefit of the successors and assigns of the parties hereto. Section 10. Counterparts. This Deposit Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. DOCSLA J-373()81,1 42149-1 kX,'kX,'B 4 IN WITNESS WHEREOF, the parties hereto have executed this Deposit Agreement as of the date first written above. CITY OF DLANDS ATTEST: By: Mayor C t�ye�Xk , ler S-P EDL NDS, LLC a California limited liability company, BY: UNDERHILL PROPERTIEs, LLC, a California limited liability company, its Member By- RiVENDELL LAND COMPANY, INC., a California corporation, its Member B-y-le4 —,-,.William-'-J.lj'rliEth Its: President DOCSI-N]3-1"309]A 42149-3 VA\13 5 NOTICE OF PUBLIC HEARING REGARDING ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT CITE' OF REDLANDS COMMUNITY FACILITIES DISTRICT NO. 2001- (NORTHWEST DEVELOPMENT PROJECT) Notice is hereby -given that on April 3, 2001, the City Council of the City of Redlands (the "City") adopted Resolution leo, 5871 entitled `"A Resolution of the City Council of the Cite of Redlands of Intention to Establish a Coria a-runity Facilities District and to Authorize alae Lely of Special Taxes" (the "Resolution") Pursrtarat to Section 53322 of the Mello-Roos Conanatanity Facilities Act of 1982, the City Council of the City hereby gives notice as follows: A. The text of the Resolution is as follows WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") has received from S-P REDLAI DS, LLC ("S-P Redlands") and from Robert Pattillo Properties (collectively, the "Owners"); written petitions (the "Petitions"), requesting the institution of proceedings for the establishment of a community facilities district (the "Community Facilities District"), WHEREAS, the Owners are the owners of not less than 10% of the area of land proposed to be included within the Comm anity Facilities District; WHEREAS, under the Mello-Roos Community Facilities Act of 198 (the "Act"), the City Council is authorized to establish the Community Facilities District, NOW, THEREFORE, THE CITY COUNCIL OF THE CITE"` OF RE LANDS DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS Section 1. The City Council hereby gads that the Petitions are signed by the requisite number of owners of land proposed to be included in the Ccanrrnunity=' Facilities District, Section 2. The City Council proposes to establish a community facilities district under the terms of the Act. The boundaries of the territory proposed for inclusion in the Community Facilities District are described in the map showing the proposed Community Facilities District on file with the City Clerk of the City (the "City Clerk"), ,which boundaries are hereby preliminarily approved .and to which map reference: is hereby made for farther particulars, The City Clerk is hereby directed to record., or cause to be recorded, said map of the boundaries of i the Community Facilities District in the office of the San Bernardino County Recorder within fifteen days of the date of adoption of this Resolution. Section 3. The name proposed for the Community Facilities District is "City of Redlands Community Facilities District No. 2001-1, (Northwest Development Project)". Section 4. The public facilities (the "Facilities") proposed to be acquired by the Community Facilities District pursuant to the Act through purchase as completed facilities are described under the caption "Facilities" on Exhibit A hereto, which is by this reference incorporated herein. The incidental expenses proposed to be incurred are identified tinder the caption"Incidental Expenses" on Exhibit A hereto. Section 5. Except where funds are otherwise available, a special tax sufficient to pay for all Facilities, secured by recordation of a continuing lien against all nonexempt real property in the Community Facilities District, will be annually levied within the Community Facilities District. The rate and method of apportionment of the special tax (the "Rate and MethoV), in sufficient detail to allow each landowner within the proposed Community Facilities District to estimate the maximum amount that he or she will have to pay, is on file with the City Clerk, which is by this reference incorporated herein. The conditions tinder which the obligation to pay the special tax may be prepaid and pen-nanently satisfied are specified in the Rate and Method, The special tax will be collected in the same manner as ordinary ad wilorem property taxes or in such other maturer as the City Council shall detern-rine, including direct billing of the affected property owners. The tax, year after which no further special tax will be levied against any parcel used for private residential purposes is specified in the Rate and Method. Under no circumstances shall the, special tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than 10%. For purposes of this paragraph, a parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit for private residential use is issued. Section 6. Pursuant to Section 53344.1 of the Act, the City Council hereby reserves to itself the right and, authority to allow any interested owner of property within the Community Facilities District, subject to the provisions of said Section 53344.1 and to those conditions as it may impose, and any appl-leable prepayment penalties as prescribed in the bond indenture or comparable instruinent or docurnent. to tender to the Community Facilities District treasurer iii full payment or part payment of any installment of the special taxes or the interest or penalties thereon w-hich may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby,the bond or other 2 obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender, Section 7. The City Council hereby fixes May 15, 2001, at 7:00 P.M., or as soon thereafter as the City Council may reach the matter, at 35 C,,kjon Street, Redlands, California, as the time and place when and where the City Council will conduct a public hearing on the establishment of the Community Facilities District. Section 8. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of the Community Facilities District. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 531322 of the Act. Section 9. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the Community Facilities District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the Community Facilities District, with each. owner having one vote for each acre or portion of an acre such owner owns in the Community Facilities District. Section 10. Each officer of the City who is or will be responsible for providing one or more of the proposed types of Facilities is hereby directed to study, or cause to be studied, the proposed Community Facilities District and, at or before said public hearing, file a report with the City Council containing a brief description of the public facilities by type rhich will, in his or her opinion be required to adequately meet the needs of the Community Facilities District, and his or her estimate of the cost of providing the Facilities. Such officers are hereby also directed to estimate the fair and reasonable cost of the Facilities proposed to be purchased as completed public facilities and of the incidental expenses proposed to be paid. Such report shall be made a part of the record of said public hearing. Section 11. S-P Redlands has heretofore advanced certain funds, and may advance additional funds, which have been or may be used to pay costs incurred in connection with the creation of the Corn.niunity Facilities District and the issuance of special tax bonds thereby. The City Council proposes to repay allor a portion of such funds expended for such purpose, solely from the proceeds of such bonds, pursuant to a Deposit and 'Reim bursenient Agreement, dated as of March 1, 2001, (the "Deposit AgreeincnC), by and between the City and S-l' Redlands. The Deposit Agreement is hereby incorporated herein as though set forth in full herein. Section 12. S-P Redlands has heretofore performedor constructed or caused to be performed or constructed certain work in-kind, and S-P Redlands 3 may perform or construct or cause to be performed or constructed additional work, in-kind, constituting a part of the Facilities. The conditions under which any such work in-kind constituting a part of the Facilities may be accepted shall be specified in an agreement (the "Acquisition and Funding Agreement") to be entered into by the Community Facilities District and S-P Redlands; provided, however, that, prior to the Community Facilities District's entering into such Agreement, such Agreement shall have been approved by resolution of the City Council. The City Council proposes to reimburse S-P Redlands for the value or cost', whichever is less, of such work in-kind constituting a part of the Facilities as may be accepted, without interest, solely fron-i the proceeds of special taxes levied within, the Community Facilities District and the proceeds of special tax bonds issued by the Community Facilities District, The conditions under which the value or cost, whichever is less, of such work in-kind may be reimbursed to S-P Redlands shall be specified in the Acquisition and Funding Agreement; provided, however, that such conditions shall, include the condition that the proposed special tax be approved by the qualified electors of the Community Facilities District pursuant to the Act. Section 13. The officers and employees of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. Section 14. This Resolution shall take effect immediately uponr its adoption. Section 15. The City Clerk shall certify to the passage and adoption of this Resolution. 13. The exhibit to the, Resolution which describes the Rate, and Method is on file in the office of the City Clerk of the City. CThe time and place of the hearing on the establishmetit of the Community Facilities District are Tuesday, May 15,2001, at 7:00 P.M" , in the City Council Chambers at 35 Cajon Street, Redlands, California. D. At the hearing, the testimony of all interested persons or taxpayers 'for or against the establishment of the Corninuirity Facilities District, the extent of the Cornmunity Facilities District or the financing or purchasing of the specified types of public facilities will be heard. At the hearing, protests against the establishment of the Conimunity Facilities District, the extent of the Community Facilities District or the financing or purchasing of specified types of public facilitie=s within the Conimunity Facilities District may be made orally or in writing by any interested persons or taxpayers,as provided in Section 53323 of the Act. If 50 percent or more of the registered voters, or six registered voters, whichever is more,, residing within the territory proposed to be included in the Community Facilities District, or the owners of one-half or inore of the area of land in the territory proposed to be included in, the Community Facilities District and not exempt from the, special tax, the written protests against the establishment of the Cornirainity Facilities District, and 4 the protests are not withdrawn so as to reduce the value of the protests to less than a majority, no ffirther proceedings to create the Community facilities_District or levy the special tax may be taken for a period of one year from the(late of the decision of the City Council. If the majority protests of the reistered voters or of the landmxncrs are only against the finaricing or purchasing of a specified type or types of facilities within the Community Facilities District, or against levying a specified special tax,those types of facilities or the specified special tax will be eliminated from the resolution of fori-riation. E. The proposed voting procedure fear omm r the Cunity Facilities District is by special C� mail or hand-delivered ballot among the landowners in,the Con-u-nunity Facilities District,with each owner having one vote for each acre or portion of an acre such owner owns in the Community Facilities District. Dated: April 24, 2001 Lorne Poyzer, City Clerk City of Redlands, Califort-ria To be published no later than May 8, 2001 5