HomeMy WebLinkAboutOrd 2002-2870- ORDINANCE NO. 2870
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2001-2
(MCMILLIN OTAY RANCH VILLAGE SIX), AUTHORIZING
THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY
FACILITIES DISTRICT
WHEREAS, the City Council of the City of Chula Vista, California (the "City Council"),
has initiated proceedings, held a public hearing, conducted an election and received a favorable
vote from the qualified electors authorizing the levy of special taxes in a community facilities
district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Tire 5 of the Government Code of
the State of California (the "Act") and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3,
5 and 7 of Article XI of the Constitution of the State of Caiifomia (the "Ordinance") (the Act and
the Ordinance may be referred to collectively as the "Community Facilities District Law"). This
Community Facilities District is designated as Community Facilities District No. 2001-2
(McMillin -Otay Ranch - Village Six) (the "District").
The City Council of the City of Chula Vista, California, acting as the legislative body of
Community Facilities District No. 2001-2 0VlcMillin - Otay Ranch - Village Six), does hereby
ordain as follows:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of
special taxes on taxable properties located in the District pursuant to the Rate and Method of
Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference (the "Rate and Method'').
SECTION 2. This City Council, acting as the legislative body of the District, is hereby further
authorized, by resolution, to annually determine the special tax to be levied within the District
for the then current tax year or future tax years; provided, however, the special tax to be levied in
the District shall not exceed the maximum special tax authorized to be levied pursuant to the
Rate and Method.
SECTION 3. The special taxes herein authorized to be levied within the District, to the extent
possible, shall be collected in the same manner as ad valorem property taxes and shall be subject
to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable
for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for
any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to
collect the special taxes at a different time or in a different manner if necessary to meet its
financial obligations.
SECTION 4. The special taxes authorized to be levied shall be secured by the lien imposed
pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of
California, which lien shall be a continuing lien and shall secure each levy of the special tax.
The lien of the special tax shall continue in force and effect until the special tax obligation is
prepaid, permanently satisfied and canceled in accordance with Section 53344 of the
Government Code of the State of California or until the special tax ceases to be levied by the
City Council in the manner provided in Section 53330.5 of said Government Code.
Ordinance No. 2870
Page 2
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within
fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a
newspaper of general circulation in the City pursuant to the provisions of Government Code
Section 36933.
Presented by Approved as to form by
· ' /,Vpl~n M. Kaheny / _~
~42ity Attorney ~
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of September, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirl~y~Horton,
ATfEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2870 had its first reading at a regular meeting held on the 27'h day of August,
2002 and its second reading and adoption at a regular meeting of said City Council held on the
10th day of September, 2002.
Executed this 10th day °f September' 2002' ,~ ~tTka,,~c~ ~/tA~'
Susan Bigelow, City Clerk ~/
E×HII~IT A _
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 2001-2
(McMillin Otay Ranch Village Six)
A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable
Property within the City of Chula Vista Community Facilities District No. 2001-2 ("CFD No.
2001-2") and collected each Fiscal Year commencing in Fiscal Year 2002-2003 in an amount
determined by the City Council through the application of the appropriate Special Tax for
"Developed Property," and "Undeveloped Property as described below. All of the Taxable
Property in CFD No. 2001-2, unless exempted by law or by the provisions hereof, shall be taxed
for the proposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have thc following meaning:
"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, record of survey, or
other recorded document creating or describing the parcel. If the preceding maps for a land
area are not available, thc Acreage of such land area shall be determined by the City
Engineer.
"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.
"Administrative Expenses" means the actual or reasonably estimated costs directly
related to the administration of CFD No. 2001-2 including, but not limited to, the
following: 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 thc County, the City, or otherwise); the costs of
remitting the Special Taxes to thc 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. 2001-2 or any designee thereof of complying 'with arbitrage rebate
requirements; the costs to the City, CFD No. 2001-2 or any designee thereof of providing
continuing disclosure; 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. 2001-2 or any designee thereof related to any appeal of the levy or
application of the Special Tax; and the costs associated with the release of funds from an
escrow account, if any. Administrative Expenses shall also include amounts estimated or
advanced by the City or CFD No. 2001-2 for any other administrative purposes of CFD No.
2001-2, including, but not limited to attorney's fees and other costs related to commencing
and pursuing to completion any foreclosure of delinquent Special Taxes.
City of Chula Vista June 24, 2002
Community Facilities District No. 2001-2 Page 1
McMillin Otay Ranch Village Six
"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 Category of Developed
Property as determined in accordance with the provision of Section C.l.a. below.
"Available Funds" means the balance in the reserve fund established pursuant to the terms
of the Indenture in excess of the reserve requirement as defined in such Indenture,
delinquent Special Tax payments not required to fund the Special Tax Requirement for any
preceding Fiscal Year, the Special Tax prepayments collected to pay interest on Bonds, and
other sources of funds available as a credit to the Special Tax Requirement as specified in
such Indenture.
"Backup Special Tax" means the Special Tax determined in accordance with thc
provisions of Section C. 1 .b below.
"Bonds" means any bonds or other debt (as defined in the Act), whether in one or more
series, issued by CFD No. 2001-2 under the Act.
"Bond Year" means a one-year period beginning on September 2nd in each year and
ending on September 1s~ in the following year. Unless defined differently in the applicable
Indenture.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD No. 2001-2" means City of Chula Vista, Community Facilities District No. 2001-2
(McMillin Otay Ranch Village Six).
"City" means the City of Chula Vista.
"Community Purpose Facility Property" means all Assessor's Parcels which are
classified as community purpose facilities and meet the requirements of City of Chula Vista
Ordinance No. 2452.
"Council" means the City Council of the City, acting as the legislative body of CFD No.
2001-2.
"County" means the County of San Diego.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a
building permit for new construction was issued prior to March 1 of the prior Fiscal Year.
City of Chula Vista June 24, 2002
Community Facilities District No. 2001~2 Page 2
McMillin Otay Ranch Village Six
"Final Subdivision Map" means a subdivision of property created by recordation of a
final map, parcel map, or lot line adjustment, approved by the City pursuant to thc
Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation
of a condominium plan pursuant to California Civil Code 1352 that creates individual lots
for which residential building permits may be issued without further subdivision of such
property.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Tables 1 and 2 of Section C.
"Lot(s)" means an individual legal lot created by a Final Subdivision Map for which a
building permit for residential construction has been or could be issued.
"Master Developer" means the owner of the predominant amount of Undeveloped
ProperW in CFD No. 2001-2.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined in
accordance with the provisions of Section C below, which may be levied in any Fiscal Year
on any Assessor's Parcel of Taxable Property.
"Non-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 non-
residential structures, excluding Community Purpose Facility Property.
"Occupied Residential Property" means all Assessors' Parcels of Residential Property
for which title is owned by an end user (homeowner).
"Outstanding Bonds" means all Bonds which remain outstanding as defined in the
Indenture.
"Property Owner Association Property" means any property within the boundaries of
CFD No. 2001-2 owned by or dedicated to a property owner association, including any
master or sub-association.
"Proportionately" means for DevelOPed Property that the ratio of the actual Special Tax
levy to the Assigned Annual Special Tax or Backup Special Tax is equal for all Assessor's
Parcels of Developed Property within CFD No. 2001-2. For Undeveloped Property
- "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the
City of Chula Vista June 24, 2002
Community Facilities District No. 200l-2 Page 3
McMillin Otay Ranch Village Six
Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped
Property within CFD No. 2001-2.
"Public Property" means any property within the boundaries of CFD No. 2001-2 that is
owned by or dedicated to the federal government, the State of California, the County, the
City or any other public agency.
"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.
"Residential Floor Area" means all of the square footage of living area within the
perimeter of a residential structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be
made by the CFD Administrator by reference to appropriate records kept by the City's
Building Department. Residential Floor Area for a residential structure will be based on
the building permit(s) issued for such structure prior to it being classified as Occupied
Residential Property, and shall not change as a result of additions or modifications made to
such structure after such classification as Occupied Residential Property.
"Special Tax" means the annual 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.
2001-2 to: (i) pay debt service on all Outstanding Bonds (as defined in Section A) due in
the Bond Year beginning in such Fiscal Year; (ii) pay other periodic costs on Outstanding
Bonds, including but not limited to, credit enhancement and rebate payments on
Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to
establish or replenish any reserve funds for all Outstanding Bonds in accordance with the
Indenture; (v) pay directly for acquisition and/or construction of public improvements
which are authorized to be financed by CFD No. 2001-2 provided that inclusion of such
amount does not cause an increase in the levy of Special Taxes on Undeveloped Propen'y;
and (vi) less a credit for Available Funds.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
2001-2 which are not exempt from the Special Tax pursuant to law or Section E below.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
City of Chula Vista June 24, 2002
Community Facilities District No. 2001~2 Page 4
McMillin Otay Ranch Village Six
'~ B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Assessor Parcels within CFD No. 2001-2 shall be classified as
Taxable Property or Exempt Property. All Taxable Property shall then be classified as
Developed Property or Undeveloped Property, and shall be subject to the levy of annual
Special Taxes determined pursuant to Sections C and. D below. Furthermore, all
Developed Property shall then be classified as Residential Property or Non-Residential'
Property.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Assessor's Parcel of Residential
Property or Non-Residential Property shall be the greater of (1) the Assigned Special
Tax described in Table 1 below or (2) thc amount derived by application of the
Backup Special Tax.
a. Assigned Special Tax
The Assigned Special Tax for each Assessor's Parcel classified as Developed
Property shall be the amount shown in Table 1 below:
TABLE 1
Assigned Special Tax for Developed Property
Land Use
Class Description Maximum Annual Special Tax
1 Residential $ 440 per unit plus $.34 per square
Property foot of Residential Floor Area
2 Non-Residential $11,365 per Acre
Property
b. 'Backup Special Tax
When a Final Subdivision Map is recorded within CFD No. 2001-2, the Backup
Special Tax for Assessor's Parcels of Developed Property classified as Residential
Property or Non-Residential Property shall be determined as follows:
For each Assessor's Parcel of Developed Property classified as Residential Property
or for each Assessor's Parcel of Undeveloped Property to be classified as Residential
Property within the Final Subdivision Map area, the Backup Special Tax shall be the
rate per Lot calculated according to the following formula:
City of Chula Vista dune 24, 2002
Community Facilities District No. 2001-2 Page 5
McMillin Otay Ranch Village Six
$11,365 x A
L
The terms above have the following meanings:
B = Backup Special Tax per Lot in each Fiscal Year.
A = Acreage classified or to be classified as Residential Property in
such Final Subdivision Map.
L = Lots in the Final Subdivision Map which are classified or to be
classified as Residential Property.
For each Assessor's Parcel of Developed Property classified as Non-Residential
Property or for each Assessor's Pamel of Undeveloped Property to be classified as
Non-Residential Property within the Final Subdivision Map area, the Backup Special
Tax shall be determined by multiplying $11,365 by the total Acreage of both the
Non-Residential Property and Undeveloped Property to be classified as Non-
Residential Property within the Final Subdivision Map area.
Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Non-
Residential Property or Undeveloped Property for which the Backup Special Tax has
been determined are subsequently changed or modified by recordation of a new or
amended Final Subdivision Map (by an applicable final map, parcel map,
condominium plan, record of survey, or other recorded document creating the
parcels) then the Backup Special Tax applicable to such Assessor's Parcels shall be
recalculated to equal the amount of Backup Special Tax that would have been
generated if such change or modification did not take place.
2. Undeveloped Property
The Maximum Annual Special Tax for each Assessor's Parcel classified, as
Undeveloped Property shall be the amount shown in Table 2 below:
TABLE 2
Maximum Annual Special Tax for Undeveloped Property
Land Use Description
Class Maximum Annual Special Tax
3 Undeveloped Property $ I 1,365 per Acre
D. METHOD OF APPORTIONMENT OFTHE SPECIAL TAX
Commencing with Fiscal Year 2002-2003 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 equals the Special Tax Requirement. The Special Tax shall be
City of Chula Vista June 24, 2002
Community Facilitie~ District No. 2001-2
McMillin Otay Ranch Village Six Page 6
levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property at a rate up to 100% of the applicable Assigned Special Tax to satisfy
the Special Tax Requirement.
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classified as
Undeveloped Property pursuant to paragraphs 2 and 3 in Section E, at up to 100% of the
Maximum Annual 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, the Special Tax to be levied on each Assessor's Parcel
whose Maximum Annual Special Tax is derived by the application of the Backup Special
Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum
Annual 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 classified as Undeveloped Property pursuant to paragraphs 2 and
3 in Section E at up to 100% of the Maximum Annual Special Tax for Undeveloped
Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Occupied Residential Property be increased by more than ten percent
per year as a consequence of delinquency or default in the payment of Special Taxes by the
owner of any other Taxable Property.
E. EXEMPTIONS
1. The CFD Administrator shall classify up to $3 Acres within Assessor Parcel
number 643-052-05 and any future subdivisions therein as property exempt from
the Special Taxes provided that all or a portion of the property is planned for or is
being developed or used for Community Purpose Facility Property and school
land uses approved by the City pursuant to the Tentative Map approved for
McMillin Otay Ranch, Village Six on February 26, 2002. It is possible that land
use entitlements (such as parcel map, final map or any other such division of land)
may be approved prior to January 1st of any Fiscal Year for all or any portion of
such area(s) which would authorize the development or use of such area(s) for
purposes not exempt from the levy of the Special Tax pursuant to this Section E.
The adjusted area(s) shall then be classified as Taxable Property in the next Fiscal
Year as Developed Property or Undeveloped property in Step 2 of Section D, as
applicable.
City of Chula Vista June 24, 2002
Community Facilities District No. 2001-2 Page 7
McMillin Otay Ranch Village Six
2. The CFD Administrator shall also classify the following Assessor Parcel(s) as
exempt property: (i) Public Property, (ii) Property Owner Association Property,
(iii) all Assessor's Parcels defined as Community Purpose Facility Property which
are in addition to the property described in paragraph 1 above, and (iv) Assessor's
Parcels with public or utility easements making impractical their utilization for
other than the purposes set forth in the easement; provided, however, that no such
classification shall reduce the sum of all Taxable Property to less than 75.48
Acres. Notwithstanding the preceding sentence, the CFD Administrator shall not
classify an Assessor's Parcel described in this paragraph as exempt property if
such classification would reduce the sum of all Taxable Property to less than
75.48 Acres. Assessor's Parcels which cannot be classified as exempt property
because such classification would reduce the Acreage of all Taxable Property to
less than 75.48 Acres will be classified as Undeveloped Property and shall be
taxed as such. Tax-exempt status for purposes of this paragraph will be assigned
by the CFD Administrator in the chronological order in which property becomes
exempt property.
3. The Maximum Annual Special Tax obligation for any property which would be
classified as Public Property upon its transfer or dedication to a public agency but
which cannot be classified as exempt property as described in paragraph 2 of
Section E shall be prepaid in thll by the seller pursuant to Section H.1, prior to the
transfer/dedication of such property to such public agency. Until the Maximum
Annual Tax obligation for any such Public Property is prepaid, the property shall
continue to be subject to the levy of the Special Tax as Undeveloped Property.
F. REVIEW/APPEAL COMMITTEE
Any landowner or resident who pays the Special Tax and feels that the amount of the
Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD
Administrator regarding such error. If following such consultation, the CFD Administrator
determines that an error has occurred, the CFD Administrator may amend the amount of
the Special Tax levied on such Assessor's Parcel. If following such consultation and
action, if any by the CFD Administrator, the landowner or resident believes such error still
exits, such person may file a written notice with the City Clerk of the City appealing the
amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such
notice, the City Clerk shall forward a copy of such notice to the City Manager who shall
establish as part of the proceedings and administration of CFD No. 2001-2, a special three-
member Review/Appeal Committee. The Review/Appeal Committee may establish such
procedures, as it deems necessary to undertake the review of any such appeal. The
Review/Appeal Committee shall interpret this Rate and Method of Apportionment and
make determinations relative to the annual administration of the Special Tax and any
landowner or resident appeals, as herein specified. The decision of the Review/Appeal
Committee shall be final and binding as to all persons.
City of Chula Vista June 24, 2002
Community Facilities District No. 2001-2 Page 8
McMillin Otay Ranch Village Six
G. MANNER OF COLLECTION
The annual Special Tax shall be collected in thc same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 2001-2 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 Assessor's Parcels of Taxable Property that are delinquent in the
payment of Special Taxes.
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and
conditions established by the Council pursuant to the Act. However, the use of Bond
tenders shall only be allowed on a case-by-case basis as specifically approved by the
Council.
H. PREPAYMENT OF SPECIAL TAX
The following definition applies to this Section H:
"Outstanding Bonds" means all previously issued Bonds which will remain outstanding
atter the first interest and/or principal payment date following the current Bond Year,
excluding Bonds to be redeemed at a later date with thc proceeds of prior prepayments of
Maximum Annual Special Taxes.
1. Prepayment in Full
The Maximum Annual Special Tax obligation may only be prepaid and permanently
satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which a
building permit has been issued, or Public Property. The Maximum Annual Special Tax
obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of
the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein;
provided that a prepayment may be made only if there are no delinquent Special Taxes with
respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's
Parcel intending to prepay the Maximum Annual Special Tax obligation shail provide the
CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of
such written notice, the CFD Administrator shall notify such owner of the prepayment
amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for
providing this figure.
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
City of Chula Vista June 24, 2002
Community Facilities District No. 2001-2 Page 9
McMillin Otay Ranch Village Six
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. For Assessor's Parcels of Developed Property, compute the Maximum Annual
Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of
Undeveloped Property for which a building permit has been issued to be prepaid,
compute the Maximum Annual 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. For Assessor's Parcels of Public
Property to be prepaid, compute the Maximum Annual Special Tax for that
Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property.
2. Divide the Maximum Annual Special Tax computed pursuant to paragraph I by the
sum of the total expected Maximum Annual Special Tax revenue excluding any
Assessor's Parcels which have been prepaid.
3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to
compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond
Redemption Amount").
4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the
applicable redemption premium on the next possible Bond call date, if any, on the
Outstanding Bonds to be redeemed (the "Redemption Premium").
5. 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.
6. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
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 amount the CFD Administrator 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 5 and 7 and subtract the amount
computed pursuant to paragraph 8 (the "Defeasance Amount").
City of Chula Vista June 24. 2002
Community Facilities District No. 200l-2 . Page 10
McMillin Otay Ranch Village Six '
10. Verify the administrative fees and expenses of CFD No. 2001-2, 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. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Outstanding Bonds as a result of the prepayment,
or (b) the amount derived by subtracting the new reserve requirement (as defined in
the Indenture) in effect after the redemption of Outstanding Bonds as a result of the
prepayment from the balance in the reserve fund on the prepayment date, but in no
event shall such mount be less than zero.
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 quotient
computed pursuant to paragraph 2 by the expected balance in the capitalized interest
fund after such first interest and/or principal payment (the "Capitalized Interest
Credit").
13. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to paragraphs 3, 4, 9, and 10, less the amounts computed pursuant
to paragraphs 11 and 12 (the "Prepayment Amount").
14. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 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-
2.
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 CFD Administrator shall remove the current Fiscal Year's
Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any
Assessor's Parcel 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 Maximum Annual Special Taxes that may be levied on Taxable Property within
City of Chula Vista June 24, 2002
Community Facilities District No. 2001-2 Page 11
McMillin Otay Ranch Village Six
CFD No. 2001-2 both prior to and after the proposed prepayment is at least 1.I times the
maximum annual debt service on alt Outstanding Bonds.
Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted
upon the terms and conditions established by the Council pursuant to the Act. However,
the use of Bond tenders shall only be allowed on a case-by-case basis as specifically
approved by the Council.
2. Prepayment in Part
The Maximum Annual 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) +A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section H.1, minus Administrative
Expenses and Fees pursuant to Step 10.
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximum Annual Special Tax.
A-- the Administrative Expenses and Fees pursuant to Step 10.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual
Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially
prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum
Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as
the escrow agent, if applicable. The CFD Administrator shall provide the owner with a
statement of the amount required for the partial prepayment of the Maximum Annual
Special Tax for an Assessor's Parcel within 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 (i) distribute
the funds remitted to it according to Paragraph 14 of Section H. 1, and (ii) indicate in the
records of CFD No. 2001-2 that there has been a partial prepayment of the Maximum
Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the
outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall
continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D.
City of Chula Vista June 24, 2002
Community Facilities District No 2001~2
McMillin Otay Ranch Village Six Page 12
~- I. TERM OF MAX]MUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2003-2004
to the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for
a period no longer than the 2037-2038 Fiscal Year.
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City of Chula Vista June 24, 2002
Community Facilities District No. 2001-2 Page 13
McMillin Otay Ranch Village Six