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HomeMy WebLinkAbout5887_CCv0001.pdf RESOLUTION NO. 5887 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS WITHIN THE CITY OF REDLANDS COMMUNITY FACILITIES DISTRICT NO. 2001-1 WHEREAS, on April 3, 2001, the City Council (the "City Council") of the City of Redlands (the "Authority") adopted a resolution entitled "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" (the "Resolution of Intention") stating its intention to form the City of Redlands Community Facilities District No. 2001-1 (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"); WHEREAS, on April 3, 2001 the City Council also adopted a resolution entitled "A Resolution of the City Council of the City of Redlands to Incur Bonded Indebtedness of the Proposed City of Redlands Community Facilities District No. 2001-1 (Northwest Development Project)„ (the "Resolution Declaring Necessity„) declaring the necessity for incurring bonded indebtedness; WHEREAS, on this date, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Redlands of Formation of the City of Redlands Community Facilities District No. 2001-1, Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations Limit for the District" (the "Resolution of Formation"); WHEREAS, on this date, the City Council conducted a noticed public hearing on the proposal to issue debt, as required by the Act and the Resolution Declaring Necessity; WHEREAS, at the hearing, any person interested, including persons owning property within the area and desiring to appear and present any matters material to the questions set forth in the Resolution Declaring Necessity appeared and presented such matters; and WHEREAS, no oral or written protests against the proposal to issue debt were made or filed at or before the hearing; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows: Section 1. The foregoing recitals are true and correct. Section 2. The City Council deems it necessary to incur the bonded indebtedness. Section 3. The bonded indebtedness will be incurred for the purpose of financing public facilities (the "Facilities") to be acquired by the Community Facilities District pursuant to the Act through purchase as completed facilities, which public facilities are described under the caption "Facilities" on Exhibit A to the Resolution of Intention, which is by this reference incorporated herein. The incidental expenses proposed to be incurred in connection with the District are the costs associated with the creation of the 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 District. Section 4. In accordance with the previous determination of the City Council, the whole of the District will pay for the bonded indebtedness. Section 5. The maximum amount of debt to be incurred is $10,000,000. Section G. The maximum term the bonds to be issued shall run before maturity is 40 years. Section 7. The maximum annual rate of interest to be paid shall not exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable semiannually or at such times as the City Council or its designee shall determine, the actual rate or rates and times of payment of such interest to be determined by the City Council or its designee at the time or times of sale of the bonds. Section S. The proposition to incur the bonded indebtedness will be submitted to the voters. Section 9. The date of the special community facilities district election (which shall be consolidated with the special district election to levy a special tax within the District) at which time the proposition shall be submitted to the voters is May 15, 2001. Section 10. The election is to be conducted by mail ballot. The mailed ballots are required to be received in the office of the City Clerk no later than 5:00 p.m. on May 15, 2001; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed. Section 11. This Resolution shall take effect immediately upon its adoption. APPROVED and ADOPTED by the City Council of the City of Redlands on May 15, 2001. Mayor of the City of Redlands ATTEST: 00 DeputyCity Clerk of the City of Redlaii 1, Beatrice Sanchez, Deputy City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 15th day of May, 2001, by the following vote: AYES: Councilmembers George, Freedman Haws and Peppler; Mayor Gilbreath NOES: None ABSENT: None ABSTAIN: None Beatrice Sanchez, Dep,.-ay City CrFk City of Redlands ty Recorded in Official Records. CounRecordeof San Bernardino, tarry Walker,48-00 RECORDING REQUESTED BY AND Doc No . 20010223235 0010223235 AFTER RECORDATION RETURN TO: 1 . 49pm 06/08/01 City Cleric City of Redlands 205 40276729 01 06 c/o City of Redlands y z 3 a s fi s Fj fi 35 Cajon PG FEE APF GIMS PH CPY I CRT CPY ADO NM PEN PH POOR Redlands, California 92373-1505 5-- 6_- NON ST IN SVY W CO TRANS TAX DA CHRG EXAM 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 53325.3 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 payment 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 Community 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 obligation 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 Highways 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 forth in Exhibit B attached hereto and hereby made a part hereof: 00(1.%1:3"V)7,58.1 Reference is made to the amended boundary map of the District recorded as Instrument No. 20010134282, in the office of the San Bernardino County Recorder, which reap is now the final boundary map of the District. For further information concerning the current and estimated future tax liability of owners or purchasers of real 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: June 1, 2001 By: orris Pr City Clerk City o . edlands 17(.CS_A1:386758_1 2 EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A-1 RATE AND METHOD OF APPORTIONMENT 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 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 Rate and Method of Apportionment as described below. All oftbe 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 The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map,parcel map,condominium plan,or other recorded County parcel map. "Act" means the Mello-Roos Community Facilities Act of 1982,as amended,being Chapter 2.5, 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 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 reasonably 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 costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel)in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 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 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 of Redlands April 27,2001 CFD No. 2001-1(Northwest Development Project) Page I 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. "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 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-I (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 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 Maximum Special Tax,determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for a non-residential use. City of'Redlands April 27,2001 ChD No. 2001-1(Northwest Development Project) Page 2 "Outstanding Bonds" means all Bonds which are deemed to be outstanding under 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 constructing 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;(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 hinds 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" means all Assessor's Parcels of Property Owner Association Property that are not exempt pursuant to Section E below. City of Redlands April 27,2001 CFD No. 2001-1(Northwest Development Prpiect) 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. ASSIGNINIE\T TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property %%ithin 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 S ecial Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax. b. Assigned Special Tax The Assigned Special Tax for each Land Use Class is shown below in Table 1. TABLE I Assigned Special Taxes for Developed Property- in Community Facilities District.No. 2001-1 (Northwest Devela ment Areal Land Use Class Description Assigned Special Tax I Non-Residential Property $3,669 per Acre 2 Residential Property 54,316 per Acre Citr of Redlands April 27,2001 C D No. 2001-1 cyorthwest Development Project) Page 4 C. Backup Special Tax The Backup Special Tax in CFD No. 2001-1 shall equal $4,316 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 S4,316 per Acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Coninwncing 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 up to the Maximum 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 of'Redlands April 2?,2001 CFD No. 20111-1 (Northwest Development Project) Page 5 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 detennination. 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 thea 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 permanently satisfied as described herein;provided that a prepayment may be 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 Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to City of Redlands April 27,2001 CFD 11'o. 2001-1(Northwest Development 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 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 Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount(defined below) shall be calculated as follows: Paragraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the 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. 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"). City of Redlands April 27, 2001 CFD No. 2001-1(Northwest Development Project) Page 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. 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. 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 amounts computed pursuant to paragraphs I 1 and 12 (the "Prepayment Amount"). 14. From the Prepayment 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 snake debt service payments. The amount computed pursuant to paragraph 10 shall be retained by CFD No.2001-1. City of Redlands April 27,2001 CFD No. 2001-1(Alorthwest 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 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 Pr = the Prepayment Amount calculated according to Section H.l 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(3 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(i)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 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 oj'Redlatads April 27,2001 CFD No. 2001-1(North west Development Project) Page 9 I. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2001-02. K:\Chents2lREDLAND S1met1o1cfd200 1-lVma1RMA3.doc City'of Redfands April 27,2001 CFI).Vo. 2001-1 (Northovest Development Project) Page 10 EXHIBIT B PROPERTY OWNER ASSESSOR'S PARCEL NUMBERS Name of Property Owner Assessor's Parcel Nos, 1. Robert Patillo Properties, Inc. 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 Redlands, LLC Parcel B 167-561-01 167-641-01 167-571-02 167-601-02 167-611-01 167-651-02 Parcel C 167-581-01 167-621-01 167-661-01 167-571-01 167-611-02 167-651-01 6 OC SL 1:386758A B-1