HomeMy WebLinkAbout16 COMMUNITY FACILITIES DISTRICT 06-01 06-05-06AGENDA REPORT
MEETING DATE: June 5, 2006
TO: William A. Huston, City Manager
FROM: Ronald A. Nault, Finance Director
SUBJECT:
RESOLUTION NO. 06-67 OF THE INTENTION TO ESTABLISH A COMMUNITY
FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES,
AND RESOLUTION NO. 06-68 TO INCUR BONDED INDEBTEDNESS OF THE
PROPOSED CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1
SUMMARY:
On March 1, 2004 the City Council adopted the City's Mello-Roos Goals & Policies and
authorized staff to proceed with the formation of Community Facilities Districts (CFDs) for the
Legacy Project Area. The second CFD is being petitioned by Moffett Meadows Partners for
Development Areas 1 through 4, generally known as the Columbus Villages. The items you are
being asked to approve are the initial documents which reply to the developer's petition and
direct staff to proceed with the creation of the district, establish the rate and method of the
special tax apportionment, approve a deposit and reimbursement agreement to recover the cost
of formation, and incur debt.
RECOMMENDATION:
1. Adopt Resolution No. 06-67, a Resolution of the City Council of the City of Tustin,
California, of Intention to Establish a Community Facilities District and to Authorize the
Levy of Special Taxes.
2. Adopt Resolution No. 06-68, a Resolution of the City Council of the City of Tustin,
California, to Incur Bonded Indebtedness of the Proposed City of Tustin Community
Facilities District No. 06-1 (Tustin Legacy/Columbus Villages).
3. Adopt Resolution No. 06-70, a Resolution of the City Council of the City of Tustin,
California, Authorizing Execution and Delivery of a Joint Community Facilities
Agreement.
4. Authorize the selection of various Consultants for this second Community Facilities
District financing as recommended by staff.
5. Authorize the City Manager to sign the Deposit and Reimbursement Agreement between
the City and Lennar Homes of California, Inc.
FISCAL IMPACT:
None.
DISCUSSION:
The items you are requested to approve at this time are governed by the Mello-Roos
Community Facilities Act of 1982. They are the documents that initialize the CFD formation
process. Additional documents requiring your approval to hold and certify an election and to
proceed with the issuance of bonds are intended to come to you at the meeting of July 17.
Exhibit B of Resolution No. 06-67, Proposed Rate and Method of Apportionment of Special Tax,
includes several schedules detailing the proposed special taxes necessary to cover the bonded
indebtedness and services for the proposed CFD. The cost of the preparation of the CFD will
be borne by the Columbus Villages developers and detailed in the Deposit and Reimbursement
Agreement attached to the Petition to Create a Community Facilities District.
The following consultants have been selected to provide various services in conjunction with
this CFD formation and implementation as follows:
. David A. Taussig & Associates as Special Tax Consultant
. Orrick, Herrington & Sutcliffe, LLP as Bond Counsel
. Gardner, Underwood & Bacon, LLC as Pricing Consultant
. CitiGroup/Stone & Youngberg, LLC/RBC Dain Rauscher, Inc. as Co-Bond Underwriters
. Harris Realty Appraisal for Appraisal Services
. Sullivan Group Real Estate Advisors for Absorption Services
Staff will be available at the meeting to respond to specific questions that the City Council may
have regarding the Community Facilities District formation process.
Ronald A. Nault, Finance Director
Attachments
\\cof-secondlusers$ITSkaffINault(RAN)\CommunityFacilitiesDlstrlct06-1FormafionResolutionsStaffReport.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN 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 Tustin (the "City") has
received a written petition (the "Petition") from Moffett Meadows Partners, LLC, Tustin Villas
Partners, LLC, William Lyon Homes, Inc., ORA Astoria, LLC, MW Housing Partners III, L.P.,
Lennar Homes of California, Inc., KB Homes Coastal, Inc. and ORA Ciara, LLC (collectively, the
"Landowners" and individually, each a "Landowner") requesting the institution of proceedings for
the establishment of a community facilities district (the "Community Facilities District");
WHEREAS, the Landowners have represented and warranted to the City Council that
they are the owners of all of the area of land proposed to be included within the Community
Facilities District;
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (the "Act"), the
City Council is authorized to establish the Community Facilities District;
WHEREAS, Section 533 14.9 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 the following conditions: (a) the proposal to repay the funds is included in both the
resolution of intention to establish a community facilities district adopted pursuant to Section
53321 of the Act and in the resolution of formation to establish a community facilities district
pursuant to Section 53325.1 of the Act, (b) any proposed special tax 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 funds;
WHEREAS, the City and Marble Mountain Partners, LLC. ("Marble Mountain") have
entered into a Cooperative Agreement, dated February 7, 2005 (the "Cooperative Agreement"),
that provides for the advancement of funds by Marble Mountain to be used to pay costs of
construction of certain public facilities proposed to be financed by the Community Facilities
District, and provides for the reimbursement to Marble Mountain of such funds advanced, with
interest, from the proceeds of bonds issued by the Community Facilities District;
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WHEREAS, the City desires to include in this Resolution, in accordance with Section
53314.9 of the Act, the proposal to repay funds pursuant to the Cooperative Agreement;
WHEREAS, the City and Lennar Homes of California, Inc. ("Lennar Homes") are
entering into a Deposit and Reimbursement Agreement, dated as of June 1, 2006 (the "Deposit
Agreement"), that provides for the advancement of funds by Lennar Homes to be used to pay
costs incurred in connection with the establishment of the Community Facilities District and the
issuance of special tax bonds thereby, and provides for the reimbursement to Lennar Homes of
such funds advanced, without interest, from the proceeds of any such bonds issued by the
Community Facilities District; and
WHEREAS, the City desires to include in this Resolution, in accordance with Section
53314.9 of the Act, the proposal to repay funds pursuant to the Deposit Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as
follows:
Section 1. The City Council hereby finds that the Petition is 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
(the "Boundary Map") 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 sign the original Boundary Map and record, or
cause to be recorded, the Boundary Map with all proper endorsements thereon in the office of the
Orange County Recorder within 15 days of the date of adoption of this Resolution, all as required
by Section 3111 of the California Streets and Highways Code.
Section 3. The name proposed for the Community Facilities District is "City of Tustin
Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)."
Section 4. The public facilities (the "Facilities") proposed to be financed by the
Community Facilities District pursuant to the Act are described under the caption "Facilities" on
Exhibit A hereto, which is by this reference incorporated herein. Those Facilities proposed to be
purchased as completed public facilities are described under the caption "Facilities to be
Purchased" on Exhibit A hereto. The services (the "Services") proposed to be financed by the
Community Facilities District pursuant to the Act are described under the caption "Services" on
Exhibit A hereto. The incidental expenses proposed to be incurred are identified under the
caption "Incidental Expenses" on Exhibit A hereto. All or any portion of the Facilities may be
financed through a financing plan, including, but not limited to, a lease, lease-purchase or
installment-purchase arrangement.
Section 5. Except where funds are otherwise available, a special tax sufficient to pay for
all Facilities and Services, secured by recordation of a continuing lien against all nonexempt real
property in the Community Facilities District, will be annually levied within the Community
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Facilities District. 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 he or she will have to pay, is described in Exhibit B
attached hereto, 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 to pay for public facilities 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 to pay for public facilities 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 instalhnent 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 Monday, July 17,2006, at 7:00 p.m., or as soon
thereafter as the City Council may reach the matter, at 300 Centennial Way, Tustin, California, as
the time and place when and where the City Council will conduct a public hearing on the
establishment ofthe 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 53322 ofthe 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 or Services is hereby directed to study, or cause to be
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3
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 and services by
type which 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 and Services.
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. Marble Mountain has heretofore advanced certain funds, and may advance
additional funds, which have been or may be used to pay costs of construction of certain of the
Facilities. The City Council proposes to repay all or a portion of such funds expended for such
purpose, solely from the proceeds of special tax bonds of the Community Facilities District,
pursuant to the Cooperative Agreement. The Cooperative Agreement is hereby incorporated
herein as though set forth in full herein.
Section 12. Lennar Homes 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
establishment 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 the Deposit Agreement. The Deposit
Agreement is hereby incorporated herein as though set forth in full herein.
Section 13, The officers, employees and agents 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.
APPROVED and ADOPTED by the City Council ofthe City of Tustin on June 5, 2006.
Mayor
ATTEST:
Pamela Stoker, City Clerk
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EXHIBIT A
FACILITIES, FACILITIES TO BE PURCHASED,
SERVICES AND INCIDENTAL EXPENSES
Facilities
The types of facilities proposed to be financed by the Community Facilities District are
street improvements, including grading, paving, curbs and gutters, sidewalks, street signalization
and signage, street lights and parkway and landscaping related thereto, storm drains, utilities,
public parks and recreation facilities, public library facilities, fire protection facilities and
equipment and land, rights-of-way and easements necessary for any of such facilities.
Facilities to be Purchased
The types of facilities to be purchased as completed facilities are street improvements,
including grading, paving, curbs and gutters, sidewalks, street signalization and signage, street
lights and parkway and landscaping related thereto, storm drains, utilities, public parks and
recreation facilities, public library facilities, fire protection facilities and equipment and land,
rights-of-way and easements necessary for any of such facilities.
Services
The types of services proposed to be financed by the Community Facilities District are
police protection services, fire protection services, ambulance and paramedic services, recreation
program services, maintenance of parks, parkways and open space and flood and storm protection
services.
Incidental Expenses
The 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 ofthose 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 ofthe authorized work.
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A-I
B-1
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EXHIBIT B
PROPOSED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
FINAL
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
A Special Tax shall be levied on all Assessor's Parcels in the City of Tustin Community Facilities
District No. 06-1 (Tustin Legacy/Columbus Villages) ("CFD No. 06-1 ") and collected each Fiscal
Y ear commencing in Fiscal Year 2006-2007, in an amount determined through the application of the
Rate and Method of Apportionment as described below. All of the real property in CFD No. 06-1,
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. The square footage of an Assessor's Parcel is equal to the Acreage of such
parcel multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5,
Division 2 of Title 5 of the California Government Code.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 06-1: 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. 06-1 or any designee thereof of complying with arbitrage
rebate requirements; the costs to the City, CFD No. 06-1 or any designee thereof of
complying with City, CFD No. 06-1 or obligated persons disclosure requirements of
applicable federal and state securities laws and 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. 06-1 or any designee thereof related to an appeal of
the Special Tax; the costs associated with the release of funds from any 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. 06-1 for any other
administrative purposes ofCFD No. 06-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure as a result of delinquent Special
Taxes.
"Affordable Units" means residential dwelling units located on one or more Assessor's
Parcels of Residential Property that are subject to deed restrictions, resale restrictions, and/or
regulatory agreements recorded in favor of the City providing for affordable housing.
Affordable Units shall be further classified as Moderate Income, Lower Income, or Very
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 1
Low Income (as defined in Sections 50079.5, 50093, and 50105 of the California Health and
Safety Code.) Before the annexation of the Future Annexation Area, the total number of
Affordable Units in Zone 1 shall not exceed 71 Moderate Income units, 117 Lower Income
Units and 61 Very Low Income units and the total number of Affordable Units in Zone 2
shall not exceed 30 Moderate Income units and 12 Very Low Income units. After the
annexation of the Future Annexation Area, the total number of Affordable Units in Zone 1
shall not exceed 80 Moderate Income units, 125 Lower Income Units and 61 Very Low
Income units and the total number of Affordable Units in Zone 2 shall not exceed 30
Moderate Income units and 12 Very Low Income units. Affordable Units constructed within
each Zone within the CFD shall be designated by the CFD Administrator in the
chronological order in which the building permits for such units are issued within that Zone.
However, if for either Zone, the total number of Affordable Units constructed in anyone of
the three affordable income categories exceeds the amount stated above for such income
category, then the units exceeding such total shall not be considered Affordable Units and
shall be assigned to a Land Use Class based on the type of use and Residential Floor Area
for each such unit.
"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.
"Authorized Services" means those authorized services proposed to be financed by CFD
No. 06-1 pursuant to the Act and listed in Exhibit A to this Rate and Method of
Apportionment.
"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. 06-1 under the Act.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement for Facilities and the Special Tax Requirement for
Services and providing for the levy and collection of the Special Taxes.
"CFD No. 06-1" means City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages).
"City" means the City of Tustin.
"Consumer Price Index" means, for each Fiscal Year, the Consumer Price Index published
by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles -
Anaheim - Riverside Area, measured as of the month of December in the calendar year
which ends in the previous Fiscal Year. In the event this index ceases to be published, the
Consumer Price Index shall be another index as determined by the CFD Administrator that is
reasonably comparable to the Consumer Price Index for the City of Los Angeles.
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 2
"Council" means the City Council of the City, acting as the legislative body ofCFD No. 06-
1.
"County" means the County of Orange.
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Taxable Public Property and Taxable Property Owner Association Property, for which the
Final Subdivison was recorded on or prior to January 1 of the prior Fiscal Year and a
building permit for new construction was issued after January 1, 2005 and prior to May 1 of
the prior Fiscal Year.
"Final Subdivision" means a subdivision of property by recordation of a final map, parcel
map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government
Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California
Civil Code 1352 that creates individual lots for which building permits may be issued
without further subdivision.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Future Annexation Area" means the property designated as Future Annexation Area on
the boundary map for CFD No. 06-1, as identified in Exhibit B.
"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 1 below.
"Maximum Special Tax" means the maximum Special Tax A and/or maximum Special
Tax B, as applicable.
"Maxim um Special Tax A" means the Maximum Special Tax A determined in accordance
with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel within
CFD No. 06-1.
"Maximum Special Tax B" means the Maximum Special Tax B determined in accordance
with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel within
CFD No. 06-1.
"N on-Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit permitting the construction of one or more non-residential units or
facilities has been issued by the City.
"Outstanding Bonds" means all Bonds which are deemed to be outstanding under the
Indenture.
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 3
"Property Owner Association Property" means, for each Fiscal Year, any property within
the boundaries ofCFD No. 06-1 that was owned by a property owner association, including
any master or sub-association, as of January 1 of the prior Fiscal Year.
"Proportionately" means, for Developed Property, that the ratio of the actual Special Tax A
levy to the Maximum Special Tax A is equal for all Assessor's Parcels of Developed
Property and that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is
equal for all Assessor's Parcels of Developed Property. For Undeveloped Property,
"Proportionately" means that the ratio of the actual Special Tax A levy per Acre to the
Maximum Special Tax A per Acre is equal for all Assessor's Parcels of Undeveloped
Property. The term "Proportionately" may similarly be applied to other categories of
Taxable Property as listed in Section E below.
"Public Property" means property within the boundaries of CFD No. 06-1 owned by,
irrevocably offered or dedicated to, or over, through or under which an easement for
purposes of public right-of-way has been granted, to the federal government, the State, the
County, the City, or any local government or other public agency, provided that any property
leased by a public agency to a private entity and subject to taxation under Section 53340.1 of
the Act shall be taxed and classified according to its use.
"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 for an
Assessor's Parcel shall be made by reference to the building permit(s) issued for such
Assessor's Parcel.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit permitting the construction thereon of one or more residential dwelling units
has been issued by the City.
"Single Family Attached Property" means all Assessor's Parcels of Residential Property
for which building permits have been issued for attached residential units.
"Single Family Detached Property" means all Assessor's Parcels of Residential Property
for which building permits have been issued for detached residential units.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable.
"Special Tax A" means the special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Taxable Property within CFD No. 06-1 to fund the Special Tax Requirement for
Facilities.
"Special Tax A Buydown" means a mandatory bond principal buydown payment made by
the property owner to reduce the amount of Outstanding Bonds to compensate for a loss of
Special Tax A revenues resulting from the construction of fewer residential dwelling units,
smaller residential dwelling units, or a modified amount of non-residential Acreage, as
determined in accordance with Section D below.
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 4
"Special Tax B" means the special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Taxable Property within CFD No. 06-1 to fund the Special Tax Requirement for
Services.
"Special Tax Requirement for Facilities" means that amount required in any Fiscal Year
for CFD No. 06-1 to: (i) pay debt service on all Outstanding Bonds due in the calendar year
commencing in such Fiscal Year; (ii) pay periodic costs on the Bonds, including but not
limited to, credit enhancement and rebate payments on the Bonds due in the calendar year
commencing in such Fiscal Year; (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 Special Tax A delinquencies based on the delinquency rate for the
Special Tax A levy in the previous Fiscal Year; (vi) pay directly for acquisition or
construction of Authorized Facilities to the extent that the inclusion of such amount does not
increase the Special Tax for Facilities levy on Undeveloped Property; less (vii) a credit for
funds available to reduce the annual Special Tax A levy, as determined by the CFD
Administrator pursuant to the Indenture.
"Special Tax Requirement for Services" means that amount required in any Fiscal Year
for CFD No. 06-1 to (i) pay directly for Authorized Services due in the calendar year
commencing in such Fiscal Year; (ii) pay a proportionate share of Administrative Expenses;
less (iii) a credit for funds available to reduce the annual Special Tax B levy, as determined
by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries ofCFD No.
06-1 which are not exempt from the Special Tax pursuant to law or Section F below.
"Taxable Property Owner Association Property" means, for each Fiscal Year, all
Assessor's Parcels of Property Owner Association Property that are not exempt from the
Special Tax pursuant to Section F below.
"Taxable Public Property" means, for each Fiscal Year, all Assessor's Parcels of Public
Property that are not exempt from the Special Tax pursuant to Section F 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.
"Zone" means Zone 1 or Zone 2, as applicable.
"Zone 1" means the land geographically identified as Tract 16851 on a map filed in Book
877, Pages 33 through 50 of Miscellaneous Maps, and as Instrument Number
200600148498, in Records of Orange County, California, excepting therefrom lots 242, 243,
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 5
244,245,332,333,341,342,346,348,349,350,351,352,353,354, 355, 361,F (portion),
G (portion), Z, AA, AB, AC, AM (portion), AN, AO, AP, AQ, AR, BA, BB (portion), ZA,
ZB and DDL.
"Zone 2" means the land geographically identified as Tract 16582 on a map filed in Book
874, Pages 1 through 30 of Miscellaneous Maps, and as instrument number 200500867370
in Records of Orange County, California.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within each Zone 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 this Rate
and Method of Apportionment determined pursuant to Sections C, D, and E below.
C. MAXIMUM SPECIAL TAX
1. Developed Property
(a). Maximum Special Tax
The Maximum Special Tax A and the Maximum Special Tax B for each
Land Use Class in each Zone is shown below in Tables 1 and 2. The
Maximum Special Tax for each Assessor's Parcel classified as Developed
Property shall be the Maximum Special Tax A plus Maximum Special Tax
B applicable to such Assessor's Parcel for the Zone in which the Assessor's
Parcel is located.
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 6
TABLE 1
Maximum Special Tax for Developed Property in Zone 1
City of Tustin Community Facilities District No. 06-1
(Tustin Legacy/Columbus Villages)
Fiscal Year 2006-2007
1 Single Family Detached Property > 3,600 s.f. $3,256 per unit $1,950 per unit
2 Single Family Detached Property 3,226 - 3,600 s.f. $2,843 per unit $1,725 per unit
3 Single Family Detached Property 2,851-3,225 s.f. $2,50 per unit $1,538 per unit
4 Single Family Detached Property 2,476 - 2,850 s.f. $2,498 per unit $1,425 per unit
5 Single Family Detached Property 2,101 - 2,475 s.f. $2,229 per unit $1,245 per unit
6 Single Family Detached Property <== 2,100 s.f. $2,21 7 per unit $1,170 per unit
7 Single Family Attached Property > 2,550 s.f. $2,410 per unit $1,335 per unit
8 Single Family Attached Property 2,301 - 2,550 s.f. $2,338 per unit $1,260 per unit
9 Single Family Attached Property 2,051-2,300 s.f. $2,21 7 per unit $1,170 per unit
10 Single Family Attached Property 1,801 - 2,050 s.f. $1,905 per unit $1,020 per unit
11 Single Family Attached Property 1,551 - 1,800 s.f. $1,352 per unit $795 per unit
12 Single Family Attached Property <== 1,550 s.f. $895 per unit $600 per unit
13 Senior Units NA $734 per unit $488 per unit
14 Affordable Units - Moderate NA $350 per unit $600 per unit
15 Affordable Units - Low NA $200 per unit $200 per unit
16 Affordable Units - Very Low NA $50 per unit $50 per unit
17 Non - Residential Property NA $22,478 per Acre $6,000 per Acre
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 7
TABLE 2
Maximum Special Tax for Developed Property in Zone 2
City of Tustin Community Facilities District No. 06-1
(Tustin Legacy/Columbus Villages)
Fiscal Year 2006-2007
1 Single Family Detached Property > 4,300 s.f. $7,448 per unit $2,250 per unit
2 Single Family Detached Property 3,951 - 4,300 s.f. $6,988 per unit $2,115 per unit
3 Single Family Detached Property 3,601 - 3,950 s.f. $6,629 per unit $2,010per unit
4 Single Family Detached Property 3,251 - 3,600 s.f. $6,118 per unit $1,860 per unit
5 Single Family Detached Property 2,901 - 3,250 s.f. $5,094 per unit $1,560 per unit
6 Single Family Detached Property 2,551 - 2,900 s.f. $4,838 per unit $1 ,485per unit
7 Single Family Detached Property <== 2,550 s.f. $4,582 per unit $1,410 per unit
8 Single Family Attached Property > 1,800 s.f. $3,268 per unit $1,020 per unit
9 Single Family Attached Property 1,601 - 1,800 s.f. $2,961 per unit $930 per unit
10 Single Family Attached Property <== 1,600 s.f. $2,449 per unit $780 per unit
11 Affordable Units - Moderate NA $350 per unit $600 per unit
12 Affordable Units - Very Low NA $50 per unit $50 per unit
13 Non - Residential Property NA $39,534 per Acre $6,000 per Acre
(b). Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2007 the Maximum Special Tax A,
identified in Tables 1 and 2 above, be increased by an amount equal to two
percent (2%) of the amount in effect for the previous fiscal year. On each
July 1, commencing on July 1,2007, the Maximum Special Tax B listed in
Tables 1 and 2 above shall be increased based on the percentage change in
the Consumer Price Index, with a maximum annual increase of six percent
(6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 8
(c). Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain
more than one Land Use Class. The Maximum Special Tax levied on an
Assessor's Parcel shall be the sum of the Maximum Special Taxes for all
Land Use Classes located on that Assessor's Parcel.
2. Undeveloped Property, Taxable Public Property, and Taxable Property Owner
Association Property
(a). Maximum Special Tax A
The Fiscal Year 2006-2007 Maximum Special Tax A for Undeveloped
Property, Taxable Public Property, and Taxable Property Owner Association
Property shall be $40,377 per Acre.
(b). Maximum Special Tax B
The Fiscal Year 2006-2007 Maximum Special Tax B for Undeveloped
Property, Taxable Public Property, and Taxable Property Owner Association
Property shall be $6,000 per Acre.
(c). Increase in the Maximum Special Tax A and Special Tax B
On each July 1, commencing on July 1, 2007 the Maximum Special Tax A
for Undeveloped Property, Taxable Public Property, and Taxable Property
Owner Association Property, shall be increased by an amount equal to two
percent (2%) of the amount in effect for the previous fiscal year. On each
July 1, commencing on July 1, 2007, the Maximum Special Tax B for
Undeveloped Property, Taxable Public Property, and Taxable Property
Owner Association Property, shall be increased based on the percentage
change in the Consumer Price Index, with a maximum annual increase of six
percent (6%) and a minimum annual increase of two percent (2%) per Fiscal
Year.
D. SPECIAL TAX A BUYDOWN
All of the requirements of this Section D, which describes the need for a Special Tax A
Buydown that may result from a change in development as determined pursuant to this
Section D, shall only apply after the sale of Bonds by CFD No. 06-1. The following
definitions apply to this Section D:
"Certificate of Satisfaction of Special Tax A Buydown" means a certificate from the CFD
Administrator stating that the property described in such certificate has sufficiently met the
Special Tax A Buydown Requirement for such property as calculated under this Section D.
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 9
"Letter of Compliance" means a letter from the CFD Administrator allowing the issuance
of building permits based on the prior submittal of a request for Letter of Compliance by a
property owner.
"Special Tax A Buydown Requirement" means the total amount of Special Tax A
Buydown necessary to be prepaid to permit the issuance of building permits listed in a
request for Letter of Compliance, as calculated under this Section D.
"Update Property" means an Assessor's Parcel of Undeveloped Property for which a
building permit has been issued. For purposes of all calculations in this Section D, Update
Property shall be taxed as if it were already Developed Property during the current Fiscal
Year.
1. Request for Letter of Compliance
The CFD Administrator must submit a Letter of Compliance to the City for a specific
Assessor's Parcel or lot prior to the issuance by the City of a building permit for the
construction of any residential and/or non-residential development on that Assessor's Parcel
or lot. If a Letter of Compliance has not yet been issued, and a property owner wishes to
request a building permit for an Assessor's Parcel or lot, the property owner must first
request a Letter of Compliance from the CFD Administrator. The request from the property
owner shall contain a list of all building permits currently being requested, the Assessor's
Parcels or tract and lot numbers on which the construction is to take place, and the
Residential Floor Area (for each residential dwelling unit) or the Acreage (for each non-
residential parcel) associated with each building permit.
2. Issuance of Letter of Compliance
Upon the receipt of a request for Letter of Compliance, the CFD Administrator shall assign
each building permit identified in such request to Land Use Classes 1 through 1 7 for Zone 1
and Land Use Classes 1 through 13 for Zone 2 as listed in Tables 3 and 4 below, based on
the type of use and the Residential Floor Area identified for each such building permit.
When using Table 3, if Bonds are secured solely by parcels in the portion of Zone 1 that does
not include the Future Annexation Area, the column entitled "Expected Units Without Future
Annexation Area" shall be utilized for purposes of this analysis. If Bonds are secured by all
of Zone 1, including the Future Annexation Area, the column entitled "Expected Units
Including Future Annexation Area" shall be utilized for purposes of this analysis. If the
CFD Administrator determines (i) that the number of building permits requested for each
Land Use Class, plus those building permits previously issued for each Land Use Class, will
not cause the total number of residential units or non-residential Acreage within any such
Land Use Class to exceed the number of units or Acreage for such Land Use Class identified
in Tables 3 and 4 below, and (ii) that the total number of residential dwelling units
anticipated to be constructed pursuant to the current development plan for CFD No. 06-1 will
not be less than 989 for Zone 1 and 465 for Zone 2 prior to the annexation of the Future
Annexation Area and not less than 1,075 for Zone 1 and 465 for Zone 2 after the annexation
of the Future Annexation Area, then a Letter of Compliance shall be submitted to the City by
the CFD Administrator approving the issuance of the requested building permits. This Letter
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 10
of Compliance shall be submitted by the CFD Administrator within ten days of the submittal
of the request for Letter of Compliance by the property owner. However, should (i) the
building permits requested, plus those previously issued, cause the total number of
residential units or non-residential Acreage within any such Land Use Class to exceed the
number of units or non-residential Acreage for such Land Use Class identified in Tables 3
and 4 below, or (ii) the CFD Administrator determine that changes in the development plan
may cause a decrease in the number of residential dwelling units within CFD No. 06-1 to
below 989 dwelling units in Zone 1 or 465 dwelling units in Zone 2 before the annexation of
the Future Annexation Area or below 1,075 dwelling units in Zone 1 or 465 dwelling units in
Zone 2 after the annexation of the Future Annexation Area, then a letter of Compliance will
not be issued and the CFD Administrator will be directed to determine if a Special Tax A
Buydown shall be required.
TABLE 3
Expected Dwelling Units per Land Use Class and Non-Residential Acreage
City of Tustin Community Facilities District No. 06-1
(Tustin Legacy/Columbus Villages)
Zone 1
1 Single Family Detached Property > 3,600 s.f. 10 units 10 units
2 Single Family Detached Property 3,226 - 3,600 s.f. 61 units 62 units
3 Single Family Detached Property 2,851-3,225 s.f. 66 units 67 units
4 Single Family Detached Property 2,476 - 2,850 s.f. 25 units 27 units
5 Single Family Detached Property 2,101 - 2,475 s.f. 86 units 86 units
6 Single Family Detached Property <== 2,100 s.f. 31 units 31 units
7 Single Family Attached Property > 2,550 s.f. 27 units 27 units
8 Single Family Attached Property 2,301 - 2,550 s.f. 9 units 9 units
9 Single Family Attached Property 2,051-2,300 s.f. 24 units 24 units
10 Single Family Attached Property 1,801 - 2,050 s.f. 32 units 38 units
11 Single Family Attached Property 1,551 - 1,800 s.f. 164 units 217 units
12 Single Family Attached Property <== 1,550 s.f. 118 units 124 units
13 Senior Units NA 87 units 87 units
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 11
14 I Affordable Units - Moderate
NA
15 Affordable Units - Low NA 11 7 units 125 units
16 Affordable Units - Very Low NA 61 units 61 units
I 17 Non - Residential Property NA o Acres o Acres
TABLE 4
Expected Dwelling Units per Land Use Class and Non-Residential Acreage
City of Tustin Community Facilities District No. 06-1
(Tustin Legacy/Columbus Villages)
Zone 2
1 Single Family Detached Property > 4,300 s.f. 20 units
2 Single Family Detached Property 3,951 - 4,300 s.f. 37 units
3 Single Family Detached Property 3,601 - 3,950 s.f. 26 units
4 Single Family Detached Property 3,251 - 3,600 s.f. 23 units
5 Single Family Detached Property 2,901 - 3,250 s.f. 51 units
6 Single Family Detached Property 2,551 - 2,900 s.f. 107 units
7 Single Family Detached Property <== 2,550 s.f. 15 units
8 Single Family Attached Property > 1,800 s.f. 51 units
9 Single Family Attached Property 1,601 - 1,800 s.f. 85 units
10 Single Family Attached Property <== 1,600 s.f. 8 units
11 Affordable Units - Moderate NA 30 units
12 Affordable Units - Very Low NA 12 units
13 Non - Residential Property NA o Acres
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 12
3. Calculation of Special Tax A Buydown
If a Special Tax A Buydown calculation is required as a result of item 2, above, the
CFD Administrator shall review the current development plan for CFD No. 06-1 in
consultation with the current property owners for all remaining Undeveloped
Property in CFD No. 06-1, and shall prepare an updated version of Tables 3 and 4
identifying the revised number of units or non-residential Acreage anticipated within
each Land Use Class. The CFD Administrator shall not be responsible for any
delays in preparing the updated Tables 3 and 4 that result from a refusal on the part
of one or more current property owners of Undeveloped Property to provide
information on their future development.
The CFD Administrator shall then review the updated Tables 3 and 4 and determine
the Special Tax A Buydown Requirement, if any, to be applied to the property
identified in the request for Letter of Compliance to assure the CFD's ability to
collect Special Taxes equal to 110% debt service coverage on the Outstanding
Bonds, plus the cost of annual CFD administration. The calculations shall be
undertaken by the CFD Administrator as follows:
Step 1. Compute the sum of the Maximum Special Tax A to be levied on all
Developed Property and Update Property within CFD No. 06-1, plus the
sum of the Maximum Special Tax A to be levied on all future development as
identified in the current development plan as determined by the CFD
Administrator in consultation with the property owner.
Step 2. Determine the amount of Special Tax A required to provide 110% debt
service coverage on the Outstanding Bonds, plus any other costs associated
with the Special Tax Requirement for Facilities.
Step 3. If the total sum computed pursuant to step 1 is greater than or equal to the
amount computed pursuant to step 2, then no Special Tax A Buydown will be
required and a Letter of Compliance shall immediately be issued by the CFD
Administrator for all of the building permits currently being requested. If the
total sum computed pursuant to step 1 is less than the amount computed
pursuant to step 2, then continue to step 4.
Step 4. Determine the Maximum Special Tax A shortfall by subtracting the total sum
computed pursuant to step 1 from the amount computed pursuant to step 2.
Divide this Maximum Special Tax A shortfall by the amount computed
pursuant to step 2.
Step 5.The Special Tax A Buydown Requirement shall be calculated using the
prepayment formula described in Section 1.1, with the following exceptions:
(i) skip Paragraphs 1, 2 and 3, and begin with Paragraph 4; (ii) the Bond
Redemption Amount in Paragraph 4 of the prepayment formula described in
Section 1.1 shall equal the product of the quotient computed pursuant to step
4 above times the Previously Issued Bonds, as defined in Section 1.1; (iii) the
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 13
Capitalized Interest Credit described in Paragraph 12 of Section 1.1 shall be
$0; and (iv) any payments of the Special Tax A Buydown (less
Administrative Fees and Expenses) shall be disbursed pursuant to the
Indenture.
The Special Tax A Buydown computed under step 5 shall be billed directly to the
property owner of each Assessor's Parcel identified in the request for Letter of
Compliance and shall be due within 30 days of the billing date. If the Special Tax A
Buydown is not paid within 45 days of the billing date, a delinquent penalty of 10
percent shall be added to the Special Tax A Buydown. Upon receipt of the Special
Tax A Buydown payment, the CFD Administrator shall issue a Letter of Compliance
and a Certificate of Satisfaction of Special Tax A Buydown for the subject property.
4. Costs and Expenses Related to Implementation of Special Tax A Buydown
The property owner of each Assessor's Parcel identified in the request for Letter of
Compliance shall pay all costs of the CFD Administrator or other consultants
required to review the application for building permits, calculate the Special Tax A
Buydown, issue Letters of Compliance or any other actions required under Section
D. Such payments shall be due 30 days after receipt of invoice by such property
owner. A deposit may be required by the CFD Administrator prior to undertaking
work related to the Special Tax A Buydown.
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2006-2007 and for each following Fiscal Year, the Council
shall determine the Special Tax Requirement for Facilities and shall levy the Special Tax A
until the total Special Tax A levy equals the Special Tax Requirement for Facilities. The
Special Tax A shall be levied each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on each Assessor's Parcel of
Developed Property at up to 100% of the applicable Maximum Special Tax A;
Second: If additional monies are needed to satisfy the Special Tax Requirement for
Facilities after the first step has been completed, the Special Tax A shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the
Maximum Special Tax A for Undeveloped Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first two steps have been completed, then the Special Tax A shall be levied
Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property
at up to the Maximum Special Tax A for Taxable Property Owner Association Property;
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 14
Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first three steps have been completed, then the Special Tax A shall be levied
Proportionately on each Assessor's Parcel of Taxable Public Property at up to the Maximum
Special Tax A for Taxable Public Property.
2. Special Tax B
Commencing with Fiscal Year 2006-2007 and for each following Fiscal Year, the Council
shall levy the Special Tax B until the total Special Tax B levy equals the Special Tax
Requirement for Services. The Special Tax B shall be levied each Fiscal Year as follows:
First: The Special Tax B shall be levied Proportionately on each Assessor's Parcel of
Developed Property at up to 100% of the applicable Maximum Special Tax B;
Second: If additional monies are needed to satisfy the Special Tax Requirement for Services
after the first step has been completed, the Special Tax B shall be levied Proportionately on
each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax
B for Undeveloped Property.
F. EXEMPTIONS
1. Special Tax A Prior to Annexation of Future Annexation Area
No Special Tax A shall be levied on up to 0.13 Acres of Public Property and up to 31.01
Acres of Property Owner Association Property in Zone 1, and on up to 0.16 Acres of Public
Property and up to 30.31 Acres of Property Owner Association Property in Zone 2. Tax-
exempt status will be assigned by the CFD Administrator in the chronological order in which
property becomes Public Property and Property Owner Association Property within each
Zone. However, should an Assessor's Parcel no longer be classified as Public Property or
Property Owner Association Property, its tax-exempt status will be revoked.
Public Property or Property Owner Association Property that is not exempt from the Special
Tax A under this section shall be subject to the levy of the Special Tax A and shall be taxed
Proportionately as part of the third and fourth steps in Section E.1.
2. Special Tax A After Annexation of Future Annexation Area
No Special Tax A shall be levied on up to 0.20 Acres of Public Property and up to 32.80
Acres of Property Owner Association Property in Zone 1, and on up to 0.16 Acres of Public
Property and up to 30.31 Acres of Property Owner Association Property in Zone 2. Tax-
exempt status will be assigned by the CFD Administrator in the chronological order in which
property becomes Public Property and Property Owner Association Property within each
Zone. However, should an Assessor's Parcel no longer be classified as Public Property or
Property Owner Association Property, its tax-exempt status will be revoked.
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 15
Public Property or Property Owner Association Property that is not exempt from the Special
Tax A under this section shall be subject to the levy of the Special Tax A and shall be taxed
Proportionately as part of the third and fourth steps in Section E.1.
3. Special Tax B
No Special Tax B shall be levied on Public Property or Property Owner Association
Property.
G. APPEALS AND INTERPRETATIONS
Any landowner or resident who feels that the amount of the Special Tax levied on such
landowner's or resident's Assessor's Parcel is in error may submit a written appeal to CFD
No. 06-1. The CFD Administrator shall review the appeal and if the CFD Administrator
concurs, the amount of the Special Tax levied shall be appropriately modified.
The Council may interpret this Rate and Method of Apportionment of Special Tax for
purposes of clarifying any ambiguity and make determinations relative to the amount of
Administrative Expenses and any landowner or resident appeals. Any decision of the
Council shall be final and binding as to all persons.
H. MANNER OF COLLECTION
Special Tax A and Special Tax B will be collected in the same manner as ordinary ad
valorem property taxes or in such other manner as the Council shall determine, including
direct billing of the affected property owners. The Special Tax A Buydown shall be directly
billed to the property owner at the time such Special Tax is being levied.
I. PREPAYMENT OF SPECIAL TAX A
The following additional definitions apply to this Section I:
"Buildout" means, for CFD No. 06-1, that all expected building permits have been issued.
"CFD Public Facilities" means either $42,949,043 in 2006 dollars, which shall increase by
the Construction Inflation Index on July 1, 2007, and on each July 1 thereafter, or such lower
number as (i) shall be determined by the CFD Administrator as sufficient to provide the
public facilities to be provided by CFD No. 06-1 under the authorized bonding program for
CFD No. 06-1, or (ii) shall be determined by the City Council concurrently with a covenant
that it will not issue any more CFD No. 06-1 Bonds (except refunding bonds) to be
supported by the Special Tax for Facilities levy under this Rate and Method of
Apportionment as described in Section D above.
"Construction Inflation Index" means the annual percentage change in the Engineering
News Record Building Cost Index for the City of Los Angeles, measured as of the calendar
year which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the CFD
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 16
Administrator that is reasonably comparable to the Engineering News Record Building Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus (i) public facility costs
previously paid from the Improvement Fund, (ii) moneys currently on deposit in the
Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are
expected to be available to finance the cost of CFD Public Facilities.
"Improvement Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct CFD Public
Facilities eligible under the Act.
"Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are
deemed to be outstanding under the Indenture after the first interest and/or principal payment
date following the current Fiscal Year.
1. Prepayment in Full
Only an Assessor's Parcel of Developed Property, or Taxable Property Owner
Association Property, Taxable Public Property or Undeveloped Property for which a
building permit has been issued, may be prepaid. The obligation of the Assessor's
Parcel to pay the Special Tax for Facilities may be permanently satisfied as described
herein, provided that a prepayment may be made with respect to a particular
Assessor's Parcel 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 Special Tax for Facilities obligation shall 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 for such Assessor's Parcel. The CFD Administrator 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 ofCFD No. 06-1
Bonds from the proceeds of such prepayment may be given by the Trustee pursuant
to the Indenture.
The Special Tax B may not be prepaid.
The Special Tax A Prepayment Amount (defined below) shall be calculated as summarized
below (capitalized terms as defined below):
Bond Redemption Amount
plus
plus
plus
plus
less
less
Total: equals
Redemption Premium
Future Facilities Amount
Defeasance Amount
Administrative Fees and Expenses
Reserve Fund Credit
Capitalized Interest Credit
Special Tax A Prepayment Amount
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 17
As of the proposed date of prepayment, the Special Tax A Prepayment Amount shall be
calculated as follows:
Para2raoh No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, Taxable Property Owner Association
Property, or Taxable Public Property for which a building permit has been issued,
compute the Maximum Special Tax A for the current Fiscal Year applicable for the
Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for
which a building permit has been issued, compute the Maximum Special Tax A for
the current Fiscal Year applicable 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. Divide the Maximum Special Tax A computed pursuant to paragraph 2 by the total
estimated Maximum Special Tax A for the entire CFD No. 06-1 based on the
Developed Property Special Tax A which could be levied in the current Fiscal Year
on all expected development through Buildout of CFD No. 06-1, excluding any
Assessor's Parcels which have been prepaid.
4. Multiply the quotient computed pursuant to paragraph 3 by the Previously Issued
Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid
(the "Bond Redemption Amount").
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (e.g., the redemption price-l 00%), if any, on the
Previously Issued Bonds to be redeemed (the "Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the quotient computed pursuant to paragraph 3 by the amount determined
pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be
prepaid (the "Future Facilities Amount").
8. 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 Previously Issued Bonds.
9. Determine the Special Tax A levied on the Assessor's Parcel in the current Fiscal
Year which has not yet been paid.
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Special Tax A Prepayment Amount less the Future
Facilities Amount and the Administrative Fees and Expenses (defined below) from
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 18
the date of prepayment until the redemption date for the Previously Issued Bonds to
be redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount").
12. The administrative fees and expenses ofCFD No. 06-1 are as calculated by the CFD
Administrator and include the costs of computation of the prepayment, the costs to
invest the prepayment proceeds, the costs of redeeming CFD No. 06-1 Bonds, and
the costs of recording any notices to evidence the prepayment and the redemption
(the "Administrative Fees and Expenses").
13. If reserve funds for the Previously Issued 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
Previously Issued Bonds to be redeemed pursuant to the prepayment (the "Reserve
Fund Credit''). No Reserve Fund Credit shall be granted ifreserve funds are below
100% of the reserve requirement.
14. If any capitalized interest for the Previously Issued Bonds will not have been
expended as of the date immediately following 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 3 by the
expected balance in the capitalized interest fund or account under the Indenture after
such first interest and/or principal payment (the "Capitalized Interest Credit").
15. The Special Tax A prepayment is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to
paragraphs 13 and 14 (the "Special Tax A Prepayment Amount").
From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to
paragraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established
under the Indenture and be used to retire CFD No. 06-1 Bonds or make debt service
payments. The amount computed pursuant to paragraph 7 shall be deposited into the
Improvement Fund. The amount computed pursuant to paragraph 12 shall be retained by
CFD No. 06-1.
The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full
$5,000 increment of CFD No. 06-1 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 CFD No. 06-1 Bonds or to make debt
service payments.
As a result of the payment of the current Fiscal Year's Special Tax A levy as determined
under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's
Special Tax A levy for such Assessor's Parcel from the County tax rolls. With respect to
any Assessor's Parcel that is prepaid, the City Council shall cause a suitable notice to be
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 19
recorded in compliance with the Act, to indicate the prepayment of the Special Tax A and
the release of the Special Tax A lien on such Assessor's Parcel, and the obligation of such
Assessor's Parcel to pay the Special Tax A shall cease.
Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless, at the
time of such proposed prepayment, the amount of Maximum Special Tax A that may be
levied on Taxable Property within CFD No. 06-1 (after excluding Public Property and
Property Owner Association Property in Zone 1 and Zone 2 as set forth in Section F) both
prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt
service on all Previously Issued Bonds, plus the cost of annual CFD administration.
2. Prepayment in Part
The Special Tax A on an Assessor's Parcel of Developed Property or an Assessor's Parcel of
Taxable Property Owner Association Property, Taxable Public Property, or 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 1.1; 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 Special Tax A Prepayment Amount calculated according to Section 1.1
F == the percentage, expressed as a decimal, by which the owner of the Assessor's Parcel
is partially prepaying the Special Tax A.
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax A and the
percentage by which the Special Tax A shall be prepaid. The CFD Administrator shall
provide the owner with a statement of the amount required for the partial prepayment of the
Special Tax A 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 Council shall (i) distribute the funds remitted to it according to Section
1.1, and (ii) indicate in the records of CFD No. 06-1 that there has been a partial prepayment
of the Special Tax A and that a portion of the Special Tax A with respect to such Assessor's
Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special
Tax A, shall continue to be levied on such Assessor's Parcel pursuant to Section E.1.
Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless, at the
time of such proposed prepayment, the amount of Maximum Special Tax A that may be
levied on Taxable Property within CFD No. 06-1 (after excluding Public Property and
Property Owner Association Property in Zone 1 and Zone 2 as set forth in Section F) both
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 20
prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt
service on all Previously Issued Bonds, plus the cost of annual CFD administration.
J. TERM OF SPECIAL TAX
The Special Tax A shall be levied for a period not to exceed forty years commencing with
Fiscal Year 2006-2007. The Special Tax B shall be levied as long as necessary to meet the
Special Tax Requirement for Services.
K:\CLIENTS2\ Tustin.Cit\ TustinMCAS\Lennar\RMA \Lennar 8.doc
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 21
EXHIBIT A
AUTHORIZED SERVICES
The types of services proposed to be financed by CFD No. 06-1 are police protection services, fire
protection services, ambulance and paramedic services, recreation program services, maintenance of
parks, parkways and open space and flood and storm protection services.
EXHIBIT B
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CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certifY that the
foregoing is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the
City Council of said City duly and regularly held at the regular meeting place thereof on June 5,
2006, of which meeting all of the members of said City Council had due notice and at which a
majority thereof were present; and that at said meeting said Resolution was adopted by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
An agenda of said meeting was posted at least 72 hours before said meeting at 300
Centennial Way, Tustin, California, a location freely accessible to members of the public, and a
brief general description of said Resolution appeared on said agenda.
I further certifY that I have carefully compared the same with the original minutes of said
meeting on file and of record in my office; that the foregoing Resolution is a full, true and correct
copy of the original Resolution adopted at said meeting and entered in said minutes; and that said
Resolution has not been amended, modified or rescinded since the date of its adoption, and the
same is now in full force and effect.
Dated:
,2006
Pamela Stoker, City Clerk
us_ WEST.29731l59 4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN TO INCUR BONDED INDEBTEDNESS OF
THE PROPOSED CITY OF TUSTIN COMMUNITY
FACILITIES DISTRICT NO. 06-1 (TUSTIN
LEGACY/COLUMBUS VILLAGES)
WHEREAS, the City Council (the "City Council") of the City of Tustin (the "City") has
this date adopted its Resolution entitled "A Resolution of the City Council of the City of Tustin of
Intention to Establish a Community Facilities District and to Authorize the Levy of Special
Taxes," stating its intention to establish the City of Tustin Community Facilities District No. 06-1
(Tustin Legacy/Columbus Villages) (the "Community Facilities District") pursuant to the Mello-
Roos Community Facilities Act of 1982 (the "Act") for the purpose of financing certain public
facilities (the "Facilities") and services, as further provided in said Resolution; and
WHEREAS, in order to finance the Facilities it is necessary to incur bonded indebtedness
in the amount of up to $65,000,000;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as
follows:
Section 1. The City Council hereby declares that in order to finance the Facilities, it is
necessary to incur bonded indebtedness.
Section 2. The purpose for which the proposed debt is to be incurred is to provide the
funds necessary to pay the costs of the Facilities, including construction costs and all costs
incidental to, or connected with, the accomplishment of said purpose and of the financing thereof,
as permitted by Section 53345.3 of the Act.
Section 3. The maximum amount of the proposed debt is $65,000,000.
Section 4, The City Council hereby fixes Monday, July 17, 2006, at 7:00 p.m., or as soon
thereafter as the City Council may reach the matter, at 300 Centennial Way, Tustin, California, as
the time and place when and where the City Council will conduct a public hearing on the
proposed debt issue.
Section 5. The City Clerk of the City 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 set for said public hearing. Said notice shall contain
the information prescribed by Section 53346 of the Act.
Section 6. The officers, employees and agents 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
US_WEST 29731364 4
desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions
hereof.
Section 7. This Resolution shall take effect immediately upon its adoption.
APPROVED and ADOPTED by the City Council of the City of Tustin on June 5, 2006.
Mayor
ATTEST:
Pamela Stoker, City Clerk
US_WEST.29731364.4
2
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certifY that the
foregoing is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the
City Council of said City duly and regularly held at the regular meeting place thereof on June 5,
2006, of which meeting all of the members of said City Council had due notice and at which a
majority thereof were present; and that at said meeting said Resolution was adopted by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
An agenda of said meeting was posted at least 72 hours before said meeting at 300
Centennial Way, Tustin, California, a location freely accessible to members of the public, and a
brief general description of said Resolution appeared on said agenda.
1 further certifY that I have carefully compared the same with the original minutes of said
meeting on file and of record in my office; that the foregoing Resolution is a full, true and correct
copy of the original Resolution adopted at said meeting and entered in said minutes; and that said
Resolution has not been amended, modified or rescinded since the date of its adoption, and the
same is now in full force and effect.
Dated:
,2006
Pamela Stoker, City Clerk
US_ WEST.29731364 4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN AUTHORIZING THE EXECUTION AND
DELIVERY OF A JOINT COMMUNITY FACILITIES
AGREEMENT
WHEREAS, the City Council (the "City Council") of the City of Tustin (the "City") has
initiated proceedings under the Mello-Roos Community Facilities Act of 1982 (the "Act") to
establish the City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus
Villages) (the "Community Facilities District"), to authorize the levy of special taxes (the "Special
Taxes") upon the land within the Community Facilities District and to issue bonds (the "Bonds")
secured by such Special Taxes;
WHEREAS, certain of the proceeds ofthe Special Taxes and the Bonds are to be used to
finance certain public facilities (the "Facilities");
WHEREAS, certain of the Facilities (the "Santa Ana Facilities") are to be owned and
operated by the City of Santa Ana (the "Santa Ana");
WHEREAS, all of the Facilities other than the Santa Ana Facilities (the "City Facilities")
are to be owned and operated by the City;
WHEREAS, Section 53316.2 of the Act provides that a community facilities district may
finance facilities to be owned or operated by an entity other than the agency that created the
community facilities district only pursuant to a joint community facilities agreement or a joint
exercise of powers agreement adopted pursuant to said Section;
WHEREAS, Section 53316.2 of the Act further provides that at any time prior to the
adoption of the resolution of formation creating a community facilities district or a resolution of
change to alter a community facilities district, the legislative bodies of two or more local agencies
may enter into a joint community facilities agreement pursuant to said Section and Sections
53316.4 and 53316.6 of the Act to exercise any power authorized by the Act with respect to the
community facilities district being created or changed if the legislative body of each entity adopts
a resolution declaring that such a joint agreement would be beneficial to the residents of that
entity;
WHEREAS, subsection (e) of Section 53316.2 of the Act provides that, notwithstanding
any other provision of the Act, no local agency which is party to a joint exercise of powers
agreement or joint community facilities agreement shall have primary responsibility for formation
of a community facilities district unless that agency is one or more of certain specified types of
agencies, including an agency that is reasonably expected to have responsibility for providing
facilities or services to be financed by a larger share of the proceeds of special taxes and bonds of
the community facilities district or districts created pursuant to the joint exercise of powers
agreement or the joint community facilities agreement than any other local agency;
US_ WEST.260010233.2
WHEREAS, there has been presented to this meeting a form of Joint Community
Facilities Agreement by and between the City and Santa Ana (the "Joint Facilities Agreement")
that provides for the financing of the Santa Ana Facilities through the issuance of Bonds by the
Community Facilities District; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as
follows:
Section 1. The City Council hereby finds and determines that the City Facilities are
expected to be financed by a larger share ofthe proceeds of the Special Taxes and the Bonds than
the Santa Ana Facilities.
Section 2, The City Council hereby declares that the Joint Facilities Agreement will be
beneficial to the residents of the City.
Section 3. The Joint Facilities Agreement, in substantially the form submitted to this
meeting and made a part hereof as though set forth herein, be and the same is hereby approved.
The Mayor of the City, and such other member of the City Council as the Mayor may designate,
the City Manager of the City, the Finance Director of the City, and such other officer or employee
of the City as the City Manager may designate (the "Authorized Officers") are, and each of them
is, hereby authorized and directed, for and in the name of the City, to execute and deliver the Joint
Facilities Agreement in the form submitted to this meeting, with such changes, insertions and
omissions as the Authorized Officer executing the same may require or approve, such requirement
or approval to be conclusively evidenced by the execution of the Joint Facilities Agreement by
such Authorized Officer.
Section 4. The officers, employees and agents 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 5. This Resolution shall take effect immediately upon its adoption.
APPROVED and ADOPTED by the City Council of the City of Tustin on June 5, 2006.
Mayor
ATTEST:
Pamela Stoker, City Clerk
US~ WEST.260010233.2
2
us_ WEST.260010233.2
Pamela Stoker, City Clerk
,2006
Dated:
I further certifY that I have carefully compared the same with the original minutes of said
meeting on file and of record in my office; that the foregoing Resolution is a full, true and correct
copy of the original Resolution adopted at said meeting and entered in said minutes; and that said
resolution has not been amended, modified or rescinded since the date of its adoption, and the
same is now in full force and effect.
An agenda of said meeting was posted at least 72 hours before said meeting at 300
Centennial Way, Tustin, California, a location freely accessible to members of the public, and a
brief general description of said Resolution appeared on said agenda.
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
AYES:
NOES:
ABSENT:
I, Pamela Stoker, City Clerk of the City of Tustin, Califoria hereby certifY that the
foregoing is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the
City Council of said City duly and regularly held at the regular meeting place thereof on June 5,
2006, of which meeting all of the members of said City Council had due notice and at which a
majority thereof were present; and that at said meeting said Resolution was adopted by the
following vote:
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CLERK'S CERTIFICATE
DEPOSIT AND REIMBURSEMENT AGREEMENT
by and between
CITY OF TUSTIN
and
LENNAR HOMES OF CALIFORNIA, INC.
Dated as of June 1, 2006
City of Tustin
Community Facilities District No. 06-1
(Tustin Legacy/Columbus Villages)
US_ WEST.29730097 4
DEPOSIT AND REIMBURSEMENT AGREEMENT
THIS DEPOSIT AND REIMBURSEMENT AGREEMENT (this "Deposit
Agreement"), dated as of June 1,2006, is by and between the CITY OF TUSTIN, a general law
city organized and existing under and by virtue of the laws of the State of California (the "City"),
and LENNAR HOMES OF CALIFORNIA, INC. ("Lennar Homes").
WITNESSETH:
WHEREAS, Lennar Homes, together with certain other property owners, expects to
petition the City to establish a community facilities district to be designated "City of Tustin
Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)" (the "Community
Facilities District") under the Mello-Roos Community Facilities Act of 1982 (the "Act");
WHEREAS, the City's Mello-Roos Community Facilities Act of 1982 Local Goals and
Policies (the "Policies") provide that the costs of the proceedings for a community facilities
district financing initiated by petition of landowners are to be borne by the petitioners, that no
action will be taken on any petition unless and until a deposit of funds is made by or on behalf of
the petitioners with the City and that, if bonds are issued by such community facilities district,
the petitioners (or such other entity designated by the petitioners) will be reimbursed from bond
proceeds for the portion of such deposit that has been expended or encumbered;
WHEREAS, Section 53314.9 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 adopted pursuant to
Section 53521 of the Act and in the resolution offormation to establish the community facilities
district pursuant to Section 53325.1 of the Act, (b) any proposed special tax 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 funds;
and
WHEREAS, the City and Lennar Homes desire to enter into this Deposit Agreement in
accordance with the Policies and Section 53314.9 of the Act in order to provide for the
advancement of funds by Lennar Homes to be used to pay costs incurred in connection with the
establishment of the Community Facilities District and the issuance of special tax bonds (the
"Bonds") thereby, and to provide for the reimbursement to Lennar Homes of such funds
US_ WEST.29730097 4
advanced, without interest, from the proceeds of any Bonds issued by the Community Facilities
District;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto agree as follows:
Section 1. The Deposits and Application Thereof. (a) Lennar Homes has delivered to
the City a check payable to the "City of Tustin" in the amount of $65,000 (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
Lennar Homes 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 establishment 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
establishment 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 establishment 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
establishment of the Community Facilities District and the issuance of Bonds thereby, (d)
reasonable charges for City staff time incurred in connection with the establishment 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 all other actual costs and
expenses incurred by the City in connection with the establishment 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 prior to the establishment of the Community Facilities District and
the issuance of Bonds thereby, the unexpended and uncommitted balance of the Deposits is less
than $5,000, the City may request, in writing, that Lennar Homes make an additional deposit in
an amount estimated to be sufficient, together with any such unexpended and uncommitted
balance and any special taxes of the Community Facilities District available for such purpose, to
pay for all Initial Costs. Lennar Homes shall make such additional deposit with the City within
ten business days of the delivery to Lennar Homes of the City's written request therefor. If
Lennar Homes fails to make any such additional deposit within such ten business day period, the
City may cease all work related to the establishment 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
ofthe Deposits.
(e) The City shall provide Lennar Homes with a written monthly summary of
expenditures made from the Deposits, and the unexpended balance thereof, within ten business
US_ WEST.29730097 4
2
days of receipt by the City of a written request therefor submitted by Lennar Homes. The cost of
providing any such summary shall be charged to the Deposits.
Section 2. Return of De DOS its: 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 Lennar Homes ofthe
funds advanced by Lennar Homes 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 Lennar Homes 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 ofthe Community Facilities District do not approve the proposed special tax to be levied
therein, the City shall return to Lennar Homes 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 establishment 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 uncommitted portion of the Deposits to Lennar Homes, without interest.
(c) If Bonds are issued by the Community Facilities District, the City shall reimburse
Lennar Homes, 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 Bonds, return the
then unexpended and uncommitted portion of the Deposits to Lennar Homes, without interest.
Section 3. DeDosit A!!reement Not Debt or Liabilitv of City. As provided in Section
53314.9(b) of the Act, this Deposit Agreement does not constitute a debt or liability ofthe 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 establishment of the Community Facilities District and the
issuance of Bonds thereby. No member ofthe City Council ofthe City and no officer, employee
or agent of the City shall to any extent be personally liable hereunder.
Section 4. 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 Tustin
300 Centennial Way
Tustin, California 92680
Attention: Director of Finance
us WEST.297300974
3
[fto Lennar Homes
Lennar Homes of California, Inc.
Land Division, Project Management
25 Enterprise, Suite 500
Aliso Viejo, California 92656
Attention: Marsha Santry
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 (e) if given by any
other means, upon delivery at the address specified in this Section.
Section 5. California Law. This Deposit Agreement shall be governed and construed in
accordance with the laws of the State of California.
Section 6. 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 7. Successors and Assil!ns. This Deposit Agreement shall be binding upon and
inure to the benefit of the successors and assigns of the parties hereto.
Section 8. Connterparts. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Deposit Agreement as
ofthe date first written above.
CITY OF TUSTIN
By:
LENNAR HOMES OF CALIFORNIA, INC.
By:
Name:
Title:
US_ WEST,29730097,4
4
FINAL
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
A Special Tax shall be levied on all Assessor's Parcels in the City of Tustin Community Facilities
District No. 06-1 (Tustin Legacy/Columbus Villages) ("CFD No. 06- I ") and collected each Fiscal
Year commencing in Fiscal Year 2006-2007, in an amount determined through the application of the
Rate and Method of Apportionment as described below. All of the real property in CFD No. 06-1,
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. The square footage of an Assessor's Parcel is equal to the Acreage of such
parcel multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5,
Division 2 of Title 5 of the California Government Code.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 06-1: 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. 06-1 or any designee thereof of complying with arbitrage
rebate requirements; the costs to the City, CFD No. 06-1 or any designee thereof of
complying with City, CFD No. 06-1 or obligated persons disclosure requirements of
applicable federal and state securities laws and the Act; the costs associated with preparing
Special Tax disclosure statements and responding to public inquiries regarding the Speciai
Taxes; the costs of the City, CFD No. 06-1 or any designee thereof related to an appeal of
the Special Tax; the costs associated with the release of funds from any 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. 06-1 for any other
administrative purposes ofCFD No. 06-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure as a result of delinquent Special
Taxes.
"Affordable Units" means residential dwelling units located on one or more Assessor's
Parcels of Residential Property that are subject to deed restrictions, resale restrictions, and/or
regulatory agreements recorded in favor of the City providing for affordable housing.
Affordable Units shall be further classified as Moderate Income, Lower Income, or Very
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 1
Low Income (as defined in Sections 50079.5, 50093, and 50105 ofthe California Health and
Safety Code.) Before the annexation of the Future Annexation Area, the total number of
Affordable Units in Zone I shall not exceed 71 Moderate Income units, 117 Lower Income
Units and 61 Very Low Income units and the total number of Affordable Units in Zone 2
shall not exceed 30 Moderate Income units and 12 Very Low Income units. After the
annexation of the Future Annexation Area, the total number of Affordable Units in Zone I
shall not exceed 80 Moderate Income units, 125 Lower Income Units and 61 Very Low
Income units and the total number of Affordable Units in Zone 2 shall not exceed 30
Moderate Income units and 12 Very Low Income units. Affordable Units constructed within
each Zone within the CFD shall be designated by the CFD Administrator in the
chronological order in which the building permits for such units are issued within that Zone.
However, if for either Zone, the total number of Affordable Units constructed in anyone of
the three affordable income categories exceeds the amount stated above for such income
category, then the units exceeding such total shall not be considered Affordable Units and
shall be assigned to a Land Use Class based on the type of use and Residential Floor Area
for each such unit.
"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.
"Authorized Services" means those authorized services proposed to be financed by CFD
No. 06-1 pursuant to the Act and listed in Exhibit A to this Rate and Method of
Apportionment.
"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. 06-1 under the Act.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement for Facilities and the Special Tax Requirement for
Services and providing for the levy and collection of the Special Taxes.
"CFD No. 06-1" means City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages).
"City" means the City of Tustin.
"Consumer Price Index" means, for each Fiscal Year, the Consumer Price Index published
by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles -
Anaheim - Riverside Area, measured as of the month of December in the calendar year
which ends in the previous Fiscal Year. In the event this index ceases to be published, the
Consumer Price Index shall be another index as determined by the CFD Administrator that is
reasonably comparable to the Consumer Price Index for the City of Los Angeles.
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31,1006
Page 1
"Council" means the City Council of the City, acting as the legislative body ofCFD No. 06-
1.
"County" means the County of Orange.
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Taxable Public Property and Taxable Property Owner Association Property, for which the
Final Subdivison was recorded on or prior to January I of the prior Fiscal Year and a
building permit for new construction was issued after January I, 2005 and prior to May 1 of
the prior Fiscal Year.
"Final Subdivision" means a subdivision of property by recordation of a final map, parcel
map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government
Code Section 66410 et seq.) or recordation ofa condominium plan pursuant to California
Civil Code 1352 that creates individual lots for which building permits may be issued
without further subdivision.
"Fiscal Year" means the period starting July I and ending on the following June 30.
"Future Annexatiou Area" means the property designated as Future Annexation Area on
the boundary map for CFD No. 06-1, as identified in Exhibit B.
"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 1 below.
"Maximum Special Tax" means the maximum Special Tax A and/or maximum Special
Tax B, as applicable.
"Maximum Special Tax A" means the Maximum Special Tax A determined in accordance
with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel within
CFD No. 06-1.
"Maximum Special Tax B" means the Maximum Special Tax B determined in accordance
with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel within
CFD No. 06-1.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit permitting the construction of one or more non-residential units or
facilities has been issued by the City.
"Outstanding Bonds" means all Bonds which are deemed to be outstanding under the
Indenture.
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31. 2006
Page 3
"Property Owner Association Property" means, for each Fiscal Year, any property within
the boundaries of CFD No. 06-1 that was owned by a property owner association, including
any master or sub-association, as of January I of the prior Fiscal Year.
"Proportionately" means, for Developed Property, that the ratio of the actual Special Tax A
levy to the Maximum Special Tax A is equal for all Assessor's Parcels of Developed
Property and that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is
equal for all Assessor's Parcels of Developed Property. For Undeveloped Property,
"Proportionately" means that the ratio of the actual Special Tax A levy per Acre to the
Maximum Special Tax A per Acre is equal for all Assessor's Parcels of Undeveloped
Property. The term "Proportionately" may similarly be applied to other categories of
Taxable Property as listed in Section E below.
"Public Property" means property within the boundaries of CFD No. 06-1 owned by,
irrevocably offered or dedicated to, or over, through or under which an easement for
purposes of public right-of-way has been granted, to the federal government, the State, the
County, the City, or any local government or other public agency, provided that any property
leased by a public agency to a private entity and subject to taxation under Section 53340.1 of
the Act shall be taxed and classified according to its use.
"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 for an
Assessor's Parcel shall be made by reference to the building permit(s) issued for such
Assessor's Parcel.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit permitting the construction thereon of one or more residential dwelling units
has been issued by the City.
"Single Family Attached Property" means all Assessor's Parcels of Residential Property
for which building permits have been issued for attached residential units.
"Single Family Detached Property" means all Assessor's Parcels of Residential Property
for which building permits have been issued for detached residential units.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable.
"Special Tax A" means the special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Taxable Property within CFD No. 06-1 to fund the Special Tax Requirement for
Facilities.
"Special Tax A Buydown" means a mandatory bond principal buydown payment made by
the property owner to reduce the amount of Outstanding Bonds to compensate for a loss of
Special Tax A revenues resulting from the construction of fewer residential dwelling units,
smaller residential dwelling units, or a modified amount of non-residential Acreage, as
determined in accordance with Section D below.
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 4
"Special Tax B" means the special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Taxable Property within CFD No. 06-1 to fund the Special Tax Requirement for
Services.
"Special Tax Requirement for Facilities" means that amount required in any Fiscal Year
for CFD No. 06-1 to: (i) pay debt service on all Outstanding Bonds due in the calendar year
commencing in such Fiscal Year; (ii) pay periodic costs on the Bonds, including but not
limited to, credit enhancement and rebate payments on the Bonds due in the calendar year
commencing in such Fiscal Year; (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 Special Tax A delinquencies based on the delinquency rate for the
Special Tax A levy in the previous Fiscal Year; (vi) pay directly for acquisition or
construction of Authorized Facilities to the extent that the inclusion of such amount does not
increase the Special Tax for Facilities levy on Undeveloped Property; less (vii) a credit for
funds available to reduce the annual Special Tax A levy, as determined by the CFD
Administrator pursuant to the Indenture.
"Special Tax Requirement for Services" means that amount required in any Fiscal Year
for CFD No. 06-1 to (i) pay directly for Authorized Services due in the calendar year
commencing in such Fiscal Year; (ii) pay a proportionate share of Administrative Expenses;
less (iii) a credit for funds available to reduce the annual Special Tax B levy, as determined
by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all ofthe Assessor's Parcels within the boundaries ofCFD No.
06-1 which are not exempt from the Special Tax pursuant to law or Section F below.
"Taxable Property Owner Association Property" means, for each Fiscal Year, all
Assessor's Parcels of Property Owner Association Property that are not exempt from the
Special Tax pursuant to Section F below.
"Taxable Public Property" means, for each Fiscal Year, all Assessor's Parcels of Public
Property that are not exempt from the Special Tax pursuant to Section F 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 .
"Zone" means Zone 1 or Zone 2, as applicable.
"Zone 1" means the land geographically identified as Tract 16851 on a map filed in Book
877, Pages 33 through 50 of Miscellaneous Maps, and as Instrument Number
200600148498, in Records of Orange County, California, excepting therefrom lots 242, 243,
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31,2006
Page 5
244,245,332,333,341,342,346,348,349,350,351,352, 353, 354, 355, 361, F (portion),
G (portion), Z, AA, AB, AC, AM (portion), AN, AO, AP, AQ, AR, BA, BB (portion), ZA,
ZB and DDL.
"Zone 2" means the land geographically identified as Tract 16582 on a map filed in Book
874, Pages I through 30 of Miscellaneous Maps, and as instrument number 200500867370
in Records of Orange County, California.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within each Zone 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 this Rate
and Method of Apportionment determined pursuant to Sections C, D, and E below.
C. MAXIMUM SPECIAL TAX
1. Developed Property
(a). Maximum Special Tax
The Maximum Special Tax A and the Maximum Special Tax B for each
Land Use Class in each Zone is shown below in Tables 1 and 2. The
Maximum Special Tax for each Assessor's Parcel classified as Developed
Property shall be the Maximum Special Tax A plus Maximum Special Tax
B applicable to such Assessor's Parcel for the Zone in which the Assessor's
Parcel is located.
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06.1
May 31,2006
Page 6
TABLE 1
Maximum Special Tax for Developed Property in Zone 1
City of Tustin Community Facilities District No. 06-1
(Tustin Legacy/Columbus Villages)
Fiscal Year 2006-2007
..... ....
"'" ..lil:tM,. .. , ...... .i.;..
(Jla$~ B'~o""P~l'!H ~~! m~f'ft\. ..~~.~...
. ....
I Single Family Detached Property > 3,600 s.f. $3,256 per unit $1,950 per unit
2 Single Family Detached Property 3,226 - 3,600 s.f. $2,843 per unit $1,725 per unit
3 Single Family Detached Property 2,851 - 3,225 s.f. $2,50 per unit $1,538 per unit
4 Single Family Detached Property 2,476 - 2,850 s.f. $2,498 per unit $1,425 per unit
5 Single Family Detached Property 2,101-2,475 s.f. $2,229 per unit $1,245 per unit
6 Single Family Detached Property <= 2,100 s.f. $2,217 per unit $1,170 per unit
7 Singie Family Attached Property > 2,550 s.f. $2,410 per unit $1,335 per unit
8 Single Family Attached Property 2,301 2,550 s.f. $2,338 per unit $1,260 per unit
9 Single Family Attached Property 2,051 - 2,300 s.f. $2,217 per unit $1,170 per unit
10 Single Family Attached Property 1,801 2,050 s.f. $1,905 per unit $1,020 per unit
II Single Family Attached Property 1,551- 1,800 s.f. $1,352 per unit $795 per unit
12 Single Family Attached Property <= 1,550 s.f. $895 per unit $600 per unit
13 Senior Units NA $734 per unit $488 per unit
14 Affordable Units - Moderate NA $350 per unit $600 per unit
15 Affordable Units - Low NA $200 per unit $200 per unit
16 Affordable Units Very Low NA $50 per unit $50 per unit
17 Non-Residential Property NA $22,478 per Acre $6,000 per Acre
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31,2006
Page 7
TABLE 2
Maximum Special Tax for Developed Property in Zone 2
City of Tustin Community Facilities District No. 06-1
(Tustin Legacy/Columbus Villages)
Fiscal Year 2006-2007
:< ,..., ..... ..
> .;;'; ,; .,;;';:,:.,...
C1a.ss ... . ..;Pa1(.~~' :m~:~
.. .,
I Single Family Detached Property > 4,300 s.f. $7,448 per unit $2,250 per unit
2 Single Family Detached Property 3,951 - 4,300 s.f. $6,988 per unit $2,115 per unit
3 Single Family Detached Property 3,601 - 3,950 s.f. $6,629 per unit $2,010per unit
4 Single Family Detached Property 3,251 - 3,600 s.f. $6,118 per unit $1,860 per unit
5 Single Family Detached Property 2,901 3,250 s.f. $5,094 per unit $1,560 per unit
6 Single Family Detached Property 2,551 2,900 s.f. $4,838 per unit $1 ,485per unit
7 Single Family Detached Property <= 2,550 s.f. $4,582 per unit $1,410 per unit
8 Single Family Attached Property > 1,800 s.f. $3,268 per unit $1,020 per unit
9 Single Famiiy Attached Property 1,601 -1,800 s.f. $2,961 per unit $930 per unit
10 Single Family Attached Property <= 1,600 s.f. $2,449 per unit $780 per unit
11 Affordable Units - Moderate NA $350 per unit $600 per unit
12 Affordable Units - Very Low NA $50 per unit $50 per unit
13 Non~Residential Property NA $39,534 per Acre $6,000 per Acre
(b). Increase in the Maximum Special Tax
On each July 1, commencing on July 1,2007 the Maximum Special TaxA,
identified in Tables I and 2 above, be increased by an amount equal to two
percent (2%) of the amount in effect for the previous fiscal year. On each
July 1, commencing on July 1,2007, the Maximum Special Tax B listed in
Tables I and 2 above shall be increased based on the percentage change in
the Consumer Price Index, with a maximum annual increase of six percent
(6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31,2006
Page 8
(c). Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain
more than one Land Use Class. The Maximum Special Tax levied on an
Assessor's Parcel shall be the sum of the Maximum Special Taxes for all
Land Use Classes located on that Assessor's Parcel.
2. Undeveloped Property, Taxable Public Property, and Taxable Property Owner
Association Property
(a). Maximum Special Tax A
The Fiscal Year 2006-2007 Maximum Special Tax A for Undeveloped
Property, Taxable Public Property, and Taxable Property Owner Association
Property shall be $40,377 per Acre.
(b). Maximum Special Tax B
The Fiscal Year 2006-2007 Maximum Special Tax B for Undeveloped
Property, Taxable Public Property, and Taxable Property Owner Association
Property shall be $6,000 per Acre.
(c). Increase in the Maximum Special Tax A and Special Tax B
On each July I, commencing on July 1, 2007 the Maximum Special Tax A
for Undeveloped Property, Taxable Public Property, and Taxable Property
Owner Association Property, shall be increased by an amount equal to two
percent (2%) of the amount in effect for the previous fiscal year. On each
July 1, commencing on July 1, 2007, the Maximum Special Tax B for
Undeveloped Property, Taxable Public Property, and Taxable Property
Owner Association Property, shall be increased based on the percentage
change in the Consumer Price Index, with a maximum annual increase of six
percent (6%) and a minimum annual increase of two percent (2%) per Fiscal
Year.
D. SPECIAL TAX A BUYDOWN
All of the requirements of this Section D, which describes the need for a Special Tax A
Buydown that may result from a change in development as determined pursuant to this
Section D, shall only apply after the sale of Bonds by CFD No. 06-1. The following
definitions apply to this Section D:
"Certificate of Satisfaction of Special Tax A Buydown" means a certificate from the CFD
Administrator stating that the property described in such certificate has sufficiently met the
Special Tax A Buydown Requirement for such property as calculated under this Section D.
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31,2006
Page 9
"Letter of Compliance" means a letter from the CFD Administrator allowing the issuance
of building permits based on the prior submittal ofa request for Letter of Compliance by a
property owner.
"Special Tax A Buydown Requirement" means the total amount of Special Tax A
Buydown necessary to be prepaid to permit the issuance of building permits listed in a
request for Letter of Compliance, as calculated under this Section D.
"Update Property" means an Assessor's Parcel of Undeveloped Property for which a
building permit has been issued. For purposes of all calculations in this Section D, Update
Property shall be taxed as if it were already Developed Property during the current Fiscal
Year.
1. Request for Letter of Compliance
The CFD Administrator must submit a Letter of Compliance to the City for a specific
Assessor's Parcel or lot prior to the issuance by the City of a building permit for the
construction of any residential and/or non-residential development on that Assessor's Parcel
or lot. If a Letter of Compliance has not yet been issued, and a property owner wishes to
request a building permit for an Assessor's Parcel or lot, the property owner must first
request a Letter of Compliance from the CFD Administrator. The request from the property
owner shall contain a list of all building permits currently being requested, the Assessor's
Parcels or tract and lot numbers on which the construction is to take place, and the
Residential Floor Area (for each residential dwelling unit) or the Acreage (for each non-
residential parcel) associated with each building permit.
2. Issuance of Letter of Compliance
Upon the receipt of a request for Letter of Compliance, the CFD Administrator shall assign
each building permit identified in such request to Land Use Classes I through 17 for Zone I
and Land Use Classes I through 13 for Zone 2 as listed in Tables 3 and 4 below, based on
the type of use and the Residential Floor Area identified for each such building permit.
When using Table 3, if Bonds are secured solely by parcels in the portion of Zone I that does
not include the Future Annexation Area, the column entitled "Expected Units Without Future
Annexation Area" shall be utilized for purposes of this analysis. If Bonds are secured by all
of Zone I, including the Future Annexation Area, the column entitled "Expected Units
Including Future Annexation Area" shall be utilized for purposes of this analysis. If the
CFD Administrator determines (i) that the number of building permits requested for each
Land Use Class, plus those building permits previously issued for each Land Use Class, will
not cause the total number of residential units or non-residential Acreage within any such
Land Use Class to exceed the number of units or Acreage for such Land Use Class identified
in Tables 3 and 4 below, and (ii) that the total number of residential dwelling units
anticipated to be constructed pursuant to the current development plan for CFD No. 06-1 will
not be less than 989 for Zone 1 and 465 for Zone 2 prior to the annexation of the Future
Annexation Area and not less than 1,075 for Zone 1 and 465 for Zone 2 after the annexation
ofthe Future Annexation Area, then a Letter of Compliance shall be submitted to the City by
the CFD Administrator approving the issuance of the requested building permits. This Letter
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 1006
Page 10
of Compliance shall be submitted by the CFD Administrator within ten days of the submittal
of the request for Letter of Compliance by the property owner. However, should (i) the
building permits requested, plus those previously issued, cause the total number of
residential units or non-residential Acreage within any such Land Use Class to exceed the
number of units or non-residential Acreage for such Land Use Class identified in Tables 3
and 4 below, or (ii) the CFD Administrator determine that changes in the development plan
may cause a decrease in the number of residential dwelling units within CFD No. 06-1 to
below 989 dwelling units in Zone I or 465 dwelling units in Zone 2 before the annexation of
the Future Annexation Area or below 1,075 dwelling units in Zone I or 465 dwelling units in
Zone 2 after the annexation of the Future Annexation Area, then a letter of Compliance will
not be issued and the CFD Administrator will be directed to determine if a Special Tax A
Buydown shall be required.
TABLE 3
Expected Dwelling Units per Land Use Class and Non-Residential Acreage
City of Tustin Community Facilities District No. 06-1
(Tustin Legacy/Columbus Villages)
Zone 1
Class
Single Family Detached Property > 3,600 s.f. 10 units 10 units
2 Single Family Detached Property 3,226 - 3,600 s.f. 61 units 62 units
3 Single Family Detached Property 2,851 - 3,225 s.f. 66 units 67 units
4 Single Family Detached Property 2,476 - 2,850 s.f. 25 units 27 units
5 Single Family Detached Property 2,101 - 2,475 s.f. 86 units 86 units
6 Single Family Detached Property <= 2,100 s.f. 31 units 31 units
7 Single Family Attached Property > 2,550 s.f. 27 units 27 units
8 Single Family Attached Property 2,301 - 2,550 s.f. 9 units 9 units
9 Single Family Attached Property 2,051 - 2,300 s.f. 24 units 24 units
10 Single Family Attached Property 1,801 - 2,050 s.f. 32 units 38 units
11 Single Family Attached Property 1,551 -1,800 s.f. 164 units 217 units
12 Single Family Attached Property <= 1,550 s.f. 118 units 124 units
13 Senior Units NA 87 units 87 units
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31,2006
Page 11
14 Affordable Units - Moderate NA 71 units 80 units
15 Affordable Units - Low NA 117 units 125 units
16 Affordable Units - Very Low NA 61 units 61 units
17 Non-Residential Property NA o Acres o Acres
TABLE 4
Expected Dwelling Units per Land Use Class and Non-Residential Acreage
City of Tnstin Community Facilities District No. 06-1
(Tustin Legacy/Columbus Villages)
Zone 2
1 Single Family Detached Property > 4,300 sJ. 20 units
2 Single Family Detached Property 3,951 - 4,300 s.f. 37 units
3 Single Family Detached Property 3,601 - 3,950 s.f. 26 units
4 Single Family Detached Property 3,251 - 3,600 s.f. 23 units
5 Single Family Detached Property 2,901 3,250 s.f. 51 units
6 Single Family Detached Property 2,551 - 2,900 s.f. 107 units
7 Single Family Detached Property <= 2,550 s.f. 15 units
8 Single Family Attached Property > 1,800 s.f. 51 units
9 Single Family Attached Property 1,601 - 1,800 s.f. 85 units
10 Single Family Attached Property <= 1,600 s.f. 8 units
11 Affordable Units - Moderate NA 30 units
12 Affordable Units - Very Low NA 12 units
13 Non-Residential Property NA o Acres
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31,2006
Page 12
3. Calculation of Special Tax A Buydown
If a Special Tax A Buydown calculation is required as a result of item 2, above, the
CFD Administrator shall review the current development plan for CFD No. 06-1 in
consultation with the current property owners for all remaining Undeveloped
Property in CFD No. 06-1, and shall prepare an updated version of Tables 3 and 4
identifYing the revised number of units or non-residential Acreage anticipated within
each Land Use Class. The CFD Administrator shall not be responsible for any
delays in preparing the updated Tables 3 and 4 that result from a refusal on the part
of one or more current property owners of Undeveloped Property to provide
information on their future development.
The CFD Administrator shall then review the updated Tables 3 and 4 and determine
the Special Tax A Buydown Requirement, if any, to be applied to the property
identified in the request for Letter of Compliance to assure the CFD's ability to
collect Special Taxes equal to 110% debt service coverage on the Outstanding
Bonds, plus the cost of annual CFD administration. The calculations shall be
undertaken by the CFD Administrator as follows:
Step I. Compute the sum of the Maximum Special Tax A to be levied on all
Developed Property and Update Property within CFD No. 06-1, plus the
sum ofthe Maximum Special Tax A to be levied on all future development as
identified in the current development plan as determined by the CFD
Administrator in consultation with the property owner.
Step 2. Determine the amount of Special Tax A required to provide 110% debt
service coverage on the Outstanding Bonds, plus any other costs associated
with the Special Tax Requirement for Facilities.
Step 3. If the total sum computed pursuant to step I is greater than or equal to the
amount computed pursuant to step 2, then no Special Tax A Buydown will be
required and a Letter of Compliance shall immediately be issued by the CFD
Administrator for all ofthe building permits currently being requested. If the
total sum computed pursuant to step 1 is less than the amount computed
pursuant to step 2, then continue to step 4.
Step 4. Determine the Maximum Special Tax A shortfall by subtracting the total sum
computed pursuant to step I from the amount computed pursuant to step 2.
Divide this Maximum Special Tax A shortfall by the amount computed
pursuant to step 2.
Step 5.The Special Tax A Buydown Requirement shall be calculated using the
prepayment formula described in Section 1.1, with the following exceptions:
(i) skip Paragraphs 1, 2 and 3, and begin with Paragraph 4; (ii) the Bond
Redemption Amount in Paragraph 4 of the prepayment formula described in
Section 1.1 shall equal the product of the quotient computed pursuant to step
4 above times the Previously Issued Bonds, as defined in Section 1.1; (iii) the
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 13
Capitalized Interest Credit described in Paragraph 12 of Section 1.1 shall be
$0; and (iv) any payments of the Special Tax A Buydown (less
Administrative Fees and Expenses) shall be disbursed pursuant to the
Indenture.
The Special Tax A Buydown computed under step 5 shall be billed directly to the
property owner of each Assessor's Parcel identified in the request for Letter of
Compliance and shall be due within 30 days of the billing date. If the Special Tax A
Buydown is not paid within 45 days of the billing date, a delinquent penalty of 10
percent shall be added to the Special Tax A Buydown. Upon receipt of the Special
Tax A Buydown payment, the CFD Administrator shall issue a Letter of Compliance
and a Certificate of Satisfaction of Special Tax A Buydown for the subject property.
4. Costs and Expenses Related to Implementation of Special Tax A Buydown
The property owner of each Assessor's Parcel identified in the request for Letter of
Compliance shall pay all costs of the CFD Administrator or other consultants
required to review the application for building permits, calculate the Special Tax A
Buydown, issue Letters of Compliance or any other actions required under Section
D. Such payments shall be due 30 days after receipt of invoice by such property
owner. A deposit may be required by the CFD Administrator prior to undertaking
work related to the Special Tax A Buydown.
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2006-2007 and for each following Fiscal Year, the Council
shall determine the Special Tax Requirement for Facilities and shall levy the Special Tax A
until the total Special Tax A levy equals the Special Tax Requirement for Facilities. The
Special Tax A shall be levied each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on each Assessor's Parcel of
Developed Property at up to 100% of the applicable Maximum Special Tax A;
Second: If additional monies are needed to satisfY the Special Tax Requirement for
Facilities after the first step has been completed, the Special Tax A shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the
Maximum Special Tax A for Undeveloped Property;
Third: If additional monies are needed to satisfY the Special Tax Requirement for Facilities
after the first two steps have been completed, then the Special Tax A shall be levied
Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property
at up to the Maximum Special Tax A for Taxable Property Owner Association Property;
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 14
Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first three steps have been completed, then the Special Tax A shall be levied
Proportionately on each Assessor's Parcel of Taxable Public Property at up to the Maximum
Special Tax A for Taxable Public Property.
2. Special Tax B
Commencing with Fiscal Year 2006-2007 and for each following Fiscal Year, the Council
shall levy the Special Tax B until the total Special Tax B levy equals the Special Tax
Requirement for Services. The Special Tax B shall be levied each Fiscal Year as follows:
First: The Special Tax B shall be levied Proportionately on each Assessor's Parcel of
Developed Property at up to 100% of the applicable Maximum Special Tax B;
Second: If additional monies are needed to satisfY the Special Tax Requirement for Services
after the first step has been completed, the Special Tax B shall be levied Proportionately on
each Assessor's Parcel of Undeveloped Property at up to 100% ofthe Maximum Special Tax
B for Undeveloped Property.
F. EXEMPTIONS
1. Special Tax A Prior to Annexation of Fntnre Annexation Area
No Special Tax A shall be levied on up to 0.13 Acres of Public Property and up to 31.01
Acres of Property Owner Association Property in Zone I, and on up to 0.16 Acres of Public
Property and up to 30.31 Acres of Property Owner Association Property in Zone 2. Tax-
exempt status will be assigned by the CFD Administrator in the chronological order in which
property becomes Public Property and Property Owner Association Property within each
Zone. However, should an Assessor's Parcel no longer be classified as Public Property or
Property Owner Association Property, its tax-exempt status will be revoked.
Public Property or Property Owner Association Property that is not exempt from the Special
Tax A under this section shall be subject to the levy of the Special Tax A and shall be taxed
Proportionately as part of the third and fourth steps in Section E.1.
2. Special Tax A After Annexation of Fntnre Annexation Area
No Special Tax A shall be levied on up to 0.20 Acres of Public Property and up to 32.80
Acres of Property Owner Association Property in Zone I, and on up to 0.16 Acres of Public
Property and up to 30.31 Acres of Property Owner Association Property in Zone 2. Tax-
exempt status will be assigned by the CFD Administrator in the chronological order in which
property becomes Public Property and Property Owner Association Property within each
Zone. However, should an Assessor's Parcel no longer be classified as Public Property or
Property Owner Association Property, its tax-exempt status will be revoked.
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31,2006
Page 15
Public Property or Property Owner Association Property that is not exempt from the Special
Tax A under this section shall be subject to the levy ofthe Special Tax A and shall be taxed
Proportionately as part of the third and fourth steps in Section E.1.
3. Special Tax B
No Special Tax B shall be levied on Public Property or Property Owner Association
Property.
G. APPEALS AND INTERPRETATIONS
Any landowner or resident who feels that the amount of the Special Tax levied on such
landowner's or resident's Assessor's Parcel is in error may submit a written appeal to CFD
No. 06-1. The CFD Administrator shall review the appeal and if the CFD Administrator
concurs, the amount of the Special Tax levied shall be appropriately modified.
The Council may interpret this Rate and Method of Apportionment of Special Tax for
purposes of clarifYing any ambiguity and make determinations relative to the amount of
Administrative Expenses and any landowner or resident appeals. Any decision of the
Council shall be final and binding as to all persons.
H. MANNER OF COLLECTION
Special Tax A and Special Tax B will be collected in the same manner as ordinary ad
valorem property taxes or in such other manner as the Council shall determine, including
direct billing ofthe affected property owners. The Special Tax A Buydown shall be directly
billed to the property owner at the time such Special Tax is being levied.
I. PREPAYMENT OF SPECIAL TAXA
The following additional definitions apply to this Section I:
"Buildout" means, for CFD No. 06-1, that all expected building permits have been issued.
"CFD Public Facilities" means either $42,949,043 in 2006 dollars, which shall increase by
the Construction Inflation Index on Juiy I, 2007, and on each July I thereafter, or such lower
number as (i) shall be determined by the CFD Administrator as sufficient to provide the
public facilities to be provided by CFD No. 06-1 under the authorized bonding program for
CFD No. 06-1, or (ii) shall be determined by the City Council concurrently with a covenant
that it will not issue any more CFD No. 06-1 Bonds (except refunding bonds) to be
supported by the Special Tax for Facilities levy under this Rate and Method of
Apportionment as described in Section D above.
"Construction Inflation Index" means the annual percentage change in the Engineering
News Record Building Cost Index for the City of Los Angeles, measured as ofthe calendar
year which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the CFD
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31,2006
Pagel 6
Administrator that is reasonably comparable to the Engineering News Record Building Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus (i) public facility costs
previously paid from the Improvement Fund, (ii) moneys currently on deposit in the
Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are
expected to be available to finance the cost of CFD Public Facilities.
"Improvement Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct CFD Public
Facilities eligible under the Act.
"Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are
deemed to be outstanding under the Indenture after the first interest and/or principal payment
date following the current Fiscal Year.
1. Prepayment in Full
Only an Assessor's Parcel of Developed Property, or Taxable Property Owner
Association Property, Taxable Public Property or Undeveloped Property for which a
building permit has been issued, may be prepaid. The obligation of the Assessor's
Parcel to pay the Special Tax for Facilities may be permanently satisfied as described
herein, provided that a prepayment may be made with respect to a particular
Assessor's Parcel only ifthere 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 Special Tax for Facilities obligation shall 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 for such Assessor's Parcel. The CFD Administrator 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 ofCFD No. 06-1
Bonds from the proceeds of such prepayment may be given by the Trustee pursuant
to the Indenture.
The Special Tax B may not be prepaid.
The Special Tax A Prepayment Amount (defined below) shall be calculated as summarized
below (capitalized terms as defined below):
Bond Redemption Amount
plus
plus
plus
plus
less
less
Total: equals
Redemption Premium
Future Facilities Amount
Defeasance Amount
Administrative Fees and Expenses
Reserve Fund Credit
Capitalized Interest Credit
Special Tax A Prepayment Amount
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 2006
Page 17
As of the proposed date of prepayment, the Special Tax A Prepayment Amount shall be
calculated as follows:
Parae;raph No.:
I. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, Taxable Property Owner Association
Property, or Taxable Public Property for which a building permit has been issued,
compute the Maximum Special Tax A for the current Fiscal Year applicable for the
Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for
which a building permit has been issued, compute the Maximum Special Tax A for
the current Fiscal Year applicable 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. Divide the Maximum Special Tax A computed pursuant to paragraph 2 by the total
estimated Maximum Special Tax A for the entire CFD No. 06-1 based on the
Developed Property Special Tax A which could be levied in the current Fiscal Year
on all expected development through Buildout of CFD No. 06-1, excluding any
Assessor's Parcels which have been prepaid.
4. Multiply the quotient computed pursuant to paragraph 3 by the Previously Issued
Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid
(the "Bond Redemption Amount").
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (e.g., the redemption price-JOO%), if any, on the
Previously Issued Bonds to be redeemed (the "Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the quotient computed pursuant to paragraph 3 by the amount determined
pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be
prepaid (the "Future Facilities Amount").
8. 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 Previously Issued Bonds.
9. Determine the Special Tax A levied on the Assessor's Parcel in the current Fiscal
Year which has not yet been paid.
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Special Tax A Prepayment Amount less the Future
Facilities Amount and the Administrative Fees and Expenses (defined below) from
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31, 1006
Page 18
the date of prepayment until the redemption date for the Previously Issued Bonds to
be redeemed with the prepayment.
II. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount").
12. The administrative fees and expenses ofCFD No. 06-1 are as calculated by the CFD
Administrator and include the costs of computation of the prepayment, the costs to
invest the prepayment proceeds, the costs of redeeming CFD No. 06-1 Bonds, and
the costs of recording any notices to evidence the prepayment and the redemption
(the "Administrative Fees and Expenses").
13. Ifreserve funds for the Previously Issued Bonds, ifany, 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
Previously Issued 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.
14. If any capitalized interest for the Previously Issued Bonds will not have been
expended as of the date immediately following 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 3 by the
expected balance in the capitalized interest fund or account under the Indenture after
such first interest and/or principal payment (the "Capitalized Interest Credit").
15. The Special Tax A prepayment is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, II and 12, less the amounts computed pursuant to
paragraphs 13 and 14 (the "Special Tax A Prepayment Amount").
From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to
paragraphs 4,5, 11, 13 and 14 shall be deposited into the appropriate fund as established
under the Indenture and be used to retire CFD No. 06-1 Bonds or make debt service
payments. The amount computed pursuant to paragraph 7 shall be deposited into the
Improvement Fund. The amount computed pursuant to paragraph 12 shall be retained by
CFD No. 06-1.
The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full
$5,000 increment of CFD No. 06-1 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 ofCFD No. 06-1 Bonds or to make debt
service payments.
As a result of the payment of the current Fiscal Year's Special Tax A levy as determined
under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's
Special Tax A levy for such Assessor's Parcel from the County tax rolls. With respect to
any Assessor's Parcel that is prepaid, the City Council shall cause a suitable notice to be
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31,2006
Page 19
recorded in compliance with the Act, to indicate the prepayment of the Special Tax A and
the release of the Special Tax A lien on such Assessor's Parcel, and the obligation of such
Assessor's Parcel to pay the Special Tax A shall cease.
Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless, at the
time of such proposed prepayment, the amount of Maximum Special Tax A that may be
levied on Taxable Property within CFD No. 06-1 (after excluding Public Property and
Property Owner Association Property in Zone I and Zone 2 as set forth in Section F) both
prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt
service on all Previously Issued Bonds, plus the cost of annual CFD administration.
2. Prepayment in Part
The Special Tax A on an Assessor's Parcel of Developed Property or an Assessor's Parcel of
Taxable Property Owner Association Property, Taxable Public Property, or Undeveloped
Property for which a building permit has been issued may be partially prepaid. The amount
ofthe prepayment shall be calculated as in Section 1.1; except that a partial prepayment shall
be calculated according to the following formula:
PP=PExF.
These terms have the following meaning:
PP = the partial prepayment
PE = the Special Tax A Prepayment Amount calculated according to Section 1.1
F = the percentage, expressed as a decimal, by which the owner of the Assessor's Parcel
is partially prepaying the Special Tax A.
The owner of any Assessor's Parcel who desires such prepayment shall notifY the CFD
Administrator of such owner's intent to partially prepay the Special Tax A and the
percentage by which the Special Tax A shall be prepaid. The CPD Administrator shall
provide the owner with a statement of the amount required for the partial prepayment of the
Special Tax A 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 Council shall (i) distribute the funds remitted to it according to Section
1.1, and (ii) indicate in the records ofCFD No. 06-1 that there has been a partial prepayment
of the Special Tax A and that a portion of the Special Tax A with respect to such Assessor's
Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special
Tax A, shall continue to be levied on such Assessor's Parcel pursuant to Section E.1.
Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless, at the
time of such proposed prepayment, the amount of Maximum Special Tax A that may be
levied on Taxable Property within CFD No. 06-1 (after excluding Public Property and
Property Owner Association Property in Zone I and Zone 2 as set forth in Section F) both
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31,2006
Page 20
prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt
service on all Previously Issued Bonds, plus the cost of annual CFD administration.
J. TERM OF SPECIAL TAX
The Special Tax A shall be levied for a period not to exceed forty years commencing with
Fiscal Year 2006-2007. The Special Tax B shall be levied as long as necessary to meet the
Special Tax Requirement for Services.
K:\CUENTS2\Tustin.Cit\TustinMCAS\Lennar\RMA \Lennar _ 8.doc
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
May 31,2006
Page 21
The types of services proposed to be financed by CFD No. 06-1 are police protection services, fire
protection services, ambulance and paramedic services, recreation program services, maintenance of
parks, parkways and open space and flood and storm protection services.
AUTHORIZED SERVICES
EXIDBIT A
EXHIBIT B
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JOINT COMMUNITY FACILITIES AGREEMENT
by and between
CITY OF TUSTIN
and
CITY OF SANTA ANA
Dated as of May 1, 2006
City of Tustin
Community Facilities District No. 06-1
(Tustin Legacy/Lennar Homes)
US_WEST 29734815.3
JOINT COMMUNITY FACILITIES AGREEMENT
THIS JOINT COMMUNITY FACILITIES AGREEMENT (this "Facilities
Agreement"), dated as of May 1, 2006, is by and between the CITY OF TUSTIN, a general law
city organized and existing under the laws of the State of California ("Tustin"), and the CITY OF
SANTA ANA, a charter city organized and existing under the laws of the State of California and
its charter ("Santa Ana").
WITNESSETH:
WHEREAS, the owner of certain property within Tustin has submitted to the City
Council of Tustin (the "Tustin City Council") a petition to institute proceedings under the Mello-
Roos Community Facilities Act of 1982 (the "Act") to establish a community facilities district;
WHEREAS, pursuant to the Act and said petition, the Tustin City Council has instituted
proceedings to establish City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Lennar Homes) (the "Community Facilities District"), to authorize the levy of special
taxes (the "Special Taxes") upon the land within the Community Facilities District and to issue
bonds (the "Bonds") secured by the Special Taxes, the proceeds of which are to be used to
finance certain public facilities;
WHEREAS, the facilities proposed to be financed by the Community Facilities District
include certain facilities to be owned and operated by Tustin (the "Tustin Facilities") and certain
facilities to be owned and operated by Santa Ana (the "Santa Ana Facilities");
WHEREAS, Section 53316.2 of the Act provides that a community facilities district may
finance facilities to be owned or operated by an entity other than the agency that created the
community facilities district only pursuant to a joint community facilities agreement or a joint
exercise of powers agreement adopted pursuant to said Section;
WHEREAS, Section 53316.2 of the Act further provides that at any time prior to the
adoption of the resolution of formation creating a community facilities district, the legislative
bodies of two or more local agencies may enter into a joint community facilities agreement
pursuant to said Section and Sections 53316.4 and 53316.6 of the Act to exercise any power
authorized by the Act with respect to the community facilities district being created if the
legislative body of each entity adopts a resolution declaring that such ajoint agreement would be
beneficial to the residents of that entity, and by its authorization hereof, the legislative body of
each of Tustin and Santa Ana has so declared;
WHEREAS, Tustin and Santa Ana desire to enter into this Facilities Agreement in
accordance with Sections 53316.2, 53316.4 and 53316.6 of the Act in order to provide for the
financing of the Santa Ana Facilities through the issuance of Bonds by the Community Facilities
District;
WHEREAS, Santa Ana and Tustin have entered into an Amendment to Joint Exercise of
Powers Agreement between the City of Santa Ana and the City of Tustin Regarding the Tustin-
Santa Ana Transportation System Improvement Authority, dated as of February 22, 2001 (said
us _ WEST.29734815.3
1
Amendment, as originally executed or as it may from time to time be amended is referred to
herein as the "Amendment");
WHEREAS, pursuant to the Amendment, Tustin is required to pay to Santa Ana Tustin's
fair share obligation of certain of the costs of the Santa Ana Facilities, as and when set forth in
the Amendment; and
WHEREAS, Tustin and Santa Ana desire to provide a credit against Tustin's obligation
to pay such costs of the Santa Ana Facilities pursuant to the Amendment, if and to the extent that
Bond proceeds are made available to Santa Ana to pay such costs;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto agree as follows:
Section 1. The Community Facilities District: Issuance of Bonds. The Tustin City
Council shall, in its sole discretion, determine whether and when it may be appropriate to
establish the Community Facilities District. In no event shall Santa Ana have any right to compel
the Tustin City Council to establish the Community Facilities District. Tustin shall engage such
consultants as it may deem necessary or appropriate to facilitate the establishment of the
Community Facilities District. Santa Ana shall have no responsibility for any costs incurred by
Tustin in connection with the establishment of the Community Facilities District.
It is anticipated that the Community Facilities District will issue Bonds to finance the
acquisition, construction and installation of the Tustin Facilities and the Santa Ana Facilities. If
the Community Facilities District is established, the Tustin City Council, acting as the legislative
body ofthe Community Facilities District, shall, in its sole discretion, determine whether, when,
under what conditions and to what extent Bonds shall be issued to finance the acquisition,
construction and installation of the Tustin Facilities and the Santa Ana Facilities, or any
combination thereof. In no event shall Santa Ana have any right to compel the Community
Facilities District to issue Bonds to finance the acquisition, construction and installation of Santa
Ana Facilities or to disburse Bond proceeds to pay the costs of the acquisition, construction and
installation of Santa Ana Facilities.
Sectiou 2. Santa Ana Facilities. The Santa Ana Facilities, including any real or tangible
property which is to be purchased, constructed, expanded or rehabilitated, are described in
Exhibit A attached hereto.
It is anticipated that the Community Facilities District will issue Bonds, a portion of the
proceeds of which are to be available to finance the acquisition, construction and installation of
the Santa Ana Facilities. If the Community Facilities District issues Bonds for such purpose,
Tustin shall, or shall cause the Community Facilities District to, notifY Santa Ana of the amount
of such proceeds available for such purpose within 15 days of such proceeds becoming so
available.
Santa Ana shall not apply any of the proceeds of the Bonds to the purchase of any Santa
Ana Facilities unless such Santa Ana Facilities were constructed as if they had been constructed
under the direction and supervision, or under the authority of, Santa Ana.
US_ WEST:29734815.3
2
Section 3. Disbursements. Bond proceeds available for the acquisition, construction and
installation of the Santa Ana Facilities shall be deposited in a special account (the "Santa Ana
Facilities Account") to be established under the Indenture pursuant to which the Bonds are
issued. Moneys on deposit in the Santa Ana Facilities Account shall be invested and disbursed at
the direction of the Community Facilities District.
To the extent that Bond proceeds are available therefor, the Community Facilities District
shall cause disbursements to be made from the Santa Ana Facilities Account from time to time to
pay the costs of the acquisition, construction and installation of the Santa Ana Facilities upon
submission of a written request of Santa Ana stating (a) the name and address of the person to
whom payment is to be made, (b) the amount to be paid, (c) that an obligation in such amount
has been incurred by Santa Ana, (d) the purpose for which the obligation to be paid was incurred,
(e) that each item of the obligation to be paid constitutes a cost of the Santa Ana Facilities, (f)
that the obligation to be paid has not been the subject of a prior Santa Ana request for
disbursement from the Santa Ana Facilities Account, and (g) if the amount requested to be
disbursed is to be applied to the purchase of any Santa Ana Facilities, that such Santa Ana
Facilities were constructed as if they had been constructed under the direction and supervision,
or under the authority of, Santa Ana.
The Community Facilities District shall process in a timely manner written requests for
disbursements received from Santa Ana that conform to the requirements hereof.
Section 4. Credit for Tustin's Obli!!ation for Improvements. Upon the deposit of
proceeds of the Bonds in the Santa Ana Account, Tustin shall receive a credit against the
payment of its fair share obligation of the Total Costs (as defined in the Amendment) for each
Improvement (as defined in the Amendment) in an amount equal to the amount so deposited,
and, upon such deposit, Tustin shall be deemed to have paid, in accordance with the
Amendment, such fair share obligation in an amount equal to the amount so deposited.
Section 5. Construction. Ownership and Maintenance of Tustin Facilities and Santa
Ana Facilities. Tustin shall be solely responsible for the acquisition, construction and
installation of the Tustin Facilities, and Santa Ana shall have no responsibility therefor or
liability with respect thereto. The Tustin Facilities shall be and remain the sole and separate
property of Tustin and shall be operated, maintained and utilized by Tustin. Santa Ana shall not
have any ownership interest in the Tustin Facilities, and Santa Ana shall have no responsibility
for the operation, maintenance or utilization of the Tustin Facilities or any liability with respect
thereto.
Santa Ana shall be solely responsible for the acquisition, construction and installation of
the Santa Ana Facilities, and Tustin shall have no responsibility therefor or liability with respect
thereto. The Santa Ana Facilities shall be and remain the sole and separate property of Santa Ana
and shall be operated, maintained and utilized by Santa Ana. Tustin shall not have any ownership
interest in the Santa Ana Facilities, and Tustin shall have no responsibility for the operation,
maintenance or utilization of the Santa Ana Facilities or any liability with respect thereto.
Section 6. Tax Matters. In connection with the issuance of any Bonds, a portion of the
proceeds of which are to be made available to finance the acquisition, construction and
US_ WEST.29734815.3
3
installation of Santa Ana Facilities, Santa Ana agrees to execute and deliver such certifications
and agreements as may be reasonably required in order for bond counsel to conclude that interest
on such Bonds will be excluded from gross income under Section 103 of the Internal Revenue
Code of 1986.
Section 7. Indemnification. Tustin agrees to protect, indemnify, defend and hold Santa
Ana, and its officers, employees and agents, and each of them, harmless from and against any
and all claims, losses, expenses, suits actions, decrees, judgments, awards, attorneys' fees and
court costs which Santa Ana, or its officers, employees and agents, or any combination thereof,
may suffer or which may be sought against or recovered or obtained from Santa Ana, or its
officers, employees or agents, or any combination thereof, as a result of or by reason of or arising
out of or in consequence of the acquisition, construction, installation, operation, maintenance or
utilization of the Tustin Facilities. If Tustin fails to do so, Santa Ana shall have the right, but not
the obligation, to defend the same and charge all of the direct and incidental costs of such
defense, including any attorneys' fees or court costs, to and recover the same from Tustin.
No indemnification is required to be paid by Tustin for any claim, loss or expense arising
from the willful misconduct or negligence of Santa Ana, or its officers, employees or agents.
Santa Ana agrees to protect, indemnifY, defend and hold Tustin and the Community
Facilities District, and their respective officers, employees and agents, and each of them,
harmless from and against any and all claims, losses, expenses, suits actions, decrees, judgments,
awards, attorneys' fees and court costs which Tustin or the Community Facilities District, or
their respective officers, employees and agents, or any combination thereof, may suffer or which
may be sought against or recovered or obtained from Tustin or the Community Facilities District,
or their respective officers, employees or agents, or any combination thereof, as a result of or by
reason of or arising out of or in consequence of the acquisition, construction, installation,
operation, maintenance or utilization of the Santa Ana Facilities. If Santa Ana fails to do so,
Tustin and the Community Facilities District shall have the right, but not the obligation, to
defend the same and charge all of the direct and incidental costs of such defense, including any
attorneys' fees or court costs, to and recover the same from Santa Ana.
No indemnification is required to be paid by Santa Ana for any claim, loss or expense
arising from the willful misconduct or negligence of Tustin or the Community Facilities District,
or their respective officers, employees or agents.
Section 8. Nature of Al!reement: Allocation of Special Taxes. This Facilities
Agreement shall constitute a joint community facilities agreement entered into pursuant to
Sections 53316.2, 53316.4 and 53316.6 of the Act. The entire amount of the proceeds of the
Special Taxes shall be allocated and distributed to Tustin.
Section 9. Third-Party Beneficiarv. If and when established, the Community Facilities
District shall be a third-party beneficiary of this Facilities Agreement.
Section 10. Limitation of Ri!!hts to Parties. Nothing in this Facilities Agreement
expressed or implied is intended or shall be construed to give to any person other than Tustin,
Santa Ana and the Community Facilities District, any legal or equitable right, remedy or claim
US_ WEST.29734815.3
4
under or in respect of this Facilities Agreement or any covenant, condition or provision herein
contained; and all such covenants, conditions and provisions are and shall be held to be for the
sole and exclusive benefit of Tustin, Santa Ana and the and the Community Facilities District.
Section 11. 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 Tustin:
City ofTustin
300 Centennial Way
Santa Ana, California 92680
Attention: Finance Director
If to Santa Ana:
City of Santa Ana
20 Civic Center Plaza
Post Office Box 1988
Santa Ana, California 92707
Attention:
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 (e) if given by any
other means, upon delivery at the address specified in this Section.
Section 12. California Law. This Facilities Agreement shall be governed and construed
in accordance with the laws of the State of California.
Section 13. Severabilitv. Ifany part of this Facilities Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Facilities Agreement
shall be given effect to the fullest extent reasonably possible.
Section 14. Successors. This Facilities Agreement shall be binding upon and inure to the
benefit of the successors of the parties hereto.
Section 15. Counteroarts. This Facilities 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.
US_ WEST.29734815.3
5
IN WITNESS WHEREOF, the parties hereto have executed this Facilities Agreement
as of the date first written above.
CITY OF TUSTIN
By:
CITY OF SANTA ANA
By:
US_ WEST.29734815.3
6
EXHIBIT A
DESCRIPTION OF SANTA ANA FACILITIES
The types of facilities to be owned and operated by Santa Ana and financed by the
Community Facilities District are street improvements at the intersection of Grand and Dyer and
street improvements at the intersection of Grand and Edinger, as described in the Amendment.
US_ WEST.29734815.3
A-I
PETITION
TO CREATE A
COMMUNITY FACILITIES DISTRICT
City Council
City ofTustin
300 Centennial Way
Tustin, California 92680
Members of the City Council:
This is a petition to create a community facilities district, and a waiver with respect to
certain procedural matters, under the Mello-Roos Community Facilities Act of 1982 (the "Act"),
and the undersigned hereby states as follows:
1. Landowner. This Petition is submitted by Moffett Meadows Partners, LLC, Tustin
Villas Partners, LLC, William Lyon Homes, Inc., ORA Astoria, LLC, MW Housing Partners III,
L.P., Lennar Homes of California, Inc., KB Homes Coastal, Inc. and ORA Ciara, LLC
(collectively, the "Landowner"), as the owners of all of the area of land proposed to be included
within the community facilities district.
2. Proceedings Requested. The Landowner hereby requests that the City Council (the
"City Council") of the City of Tustin (the "City") institute proceedings pursuant to the Act to
establish a community facilities district to be named "City of Tustin Community Facilities
District No. 06-1 (Tustin Legacy/Columbus Villages)" (the "Community Facilities District"), to
levy special taxes in the Community Facilities District and to authorize special tax bonds for the
Community Facilities District in the amount of$65,000,000.
3. Boundaries of Community Facilities District. The boundaries of the territory which
is proposed for inclusion in the Community Facilities District are described in Exhibit A attached
hereto and made a part hereof.
4. Types of Facilities and Services. The types of facilities and services to be financed
by the Community Facilities District are described in Exhibit B attached hereto and made a part
hereof.
5. Elections. The Landowner hereby requests that the special elections to be held under
the Act to authorize the special taxes for the Community Facilities District, to authorize the
issuance of the bonds for the Community Facilities District and to establish an appropriations
limit for the Community Facilities District be consolidated into a single election and that the
election be conducted by the City and its officials using mailed or hand-delivered ballots and that
such ballots be opened and canvassed and the results certified at the same meeting of the City
Council as the public hearings on the Community Facilities District under the Act, or as soon
thereafter as possible.
US WEST.2973 J356 5
6. Waiver. To expedite the completion of the proceedings for the Community Facilities
District, the Landowner hereby waives all notices of hearings (other than published notices
required undcr the Act) and all notices of election, all applicable waiting periods under the Act
for the election, all ballot analysis and arguments for the election and all requirements as to the
form of the ballot.
7. Deposit. Submitted herewith is (a) a check in the amount of $65,000, which shall
constitute the deposit required by the City to be used to compensate the City Council and the City
for all costs incurred in conducting proceedings to create the Community Facilities District, and
(b) a duly executed Deposit and Reimbursement Agreement, dated as of the date hereof (the
"Deposit Agreement"), by and between the City and Lennar Homes of California, Inc. ("Lennar
Homes"). The Landowner hereby agrees that Lennar Homes is entitled to reimbursement
pursuant to the terms of the Deposit Agreement.
8. Representations and Warranties, Thc Landowner hereby represents and warrants to
the City that (a) the Landowner is, as of the date of this Petition, the legal owner of the fee
interest in all of the property proposed to be included within the Community Facilities District
and that no other person or entity is the legal owner of any portion of the fee interest in any of
such property, (b) the Landowner has the power and authority to execute and deliver this Petition
and the Deposit Agreement, and has taken all action necessary to cause this Petition and the
Deposit Agreement to be executed and delivered on its behalf, and each of this Petition and the
Deposit Agreement has been duly and validly executed and delivered on behalf of the
Landowner.
9. Mailing Address. The address of each of the Landowners for receiving notices is as
follows:
Moffett Meadows Partners, LLC: Lennar - Land Division, Project Management
25 Enterprise, Suite 500
Aliso Viejo, CA 92656
Telephone No: (949) 349-8214
Attn: Marsha Santry
Tustin Villas Partners, LLC: Lennar - Land Division, Project Management
25 Enterprise, Suite 500
Aliso Viejo, CA 92656
Telephone No: (949) 349-8214
Attn: Marsha Santry
William Lyon Homes, Inc.: William Lyon Homes
4490 Von Karman Avenue
Newport Beach, CA 92660
Telephone No: (949) 476-5444
Attn: Matt Zaist
US_WEST:29731356.5 2
ORA Astoria, LLC:
MW Housing Partners III, L.P.:
ORA Ciara, LLC:
Lennar Homes of California, Inc.:
KB Homes Coastal, Inc.:
Resrnark LLC
10880 Wilshire Blvd., Suite 1420
Los Angeles, CA 90024
Telephone No: (310) 941-5994
Attn: Mitch Goodman
Weyerhauser Realty
130 I Fifth Avenue, Suite 3100
Seattle, WA 98101
Telephone No: (206) 264-2242
Attn: David Brentlinger
Resmark LLC
10880 Wilshire Blvd., Suite 1420
Los Angeles, CA 90024
Telephone No: (310) 941-5994
Attn: Mitch Goodman
Lennar - Land Division, Project Management
25 Enterprise, Suite 500
Aliso Viejo, CA 92656
Telephone No: (949) 349-8214
Attn: Marsha Santry
KB Homes
3 Jenner, Suite 100
Irvine, CA 92618
Telephone No: (949) 885-3931
Altn: Eric Scheck
[Remainder of page intentionally left blank]
us WEST.2973 1356_5
3
10. Counterparts. This Petition may be executed in any number of counterparts and
each of such counterparts shall for all purposes bc deemed to be an original, and all such
counterparts shall together constitute but one and the same instrument.
This Petition is dated as of June 5, 2006.
MOFFETT MEADOWS PARTNERS, LLC,
A Delaware lim ited liability company
By: Marble Mountain Partners, LLC,
A Delaware limited liability corporation
Its: Sole member
By: Tustin Villas Partners, LLC,
A Delaware limited liability company
Its: Administrative member
By: Lennar Homes of California, Inc.,
A California corporation
Its: Managing member
By:
Name:
Title:
TUSTIN VILLAS PARTNERS, LLC,
A Delaware limited liability company
By: Lennar Homes of California, Inc.,
A California corporation
Its: Managing member
By:
Name:
Title:
WILLIAM LYON HOMES, INC.,
A California corporation
By:
Namc:
Its:
By:
Name:
Its:
US_ WEST 29731 356.5
4
ORA ASTORIA, LLC,
A California limited liability company
By: ORA Residential Investments I, L.P.,
A California limited partnership
Its: Sole member
By: ORA California II, LLC,
A Delaware limited liability company
Its: General partner
By: Resmark Equity Partners, LLC,
A Delaware limited liability
company
Its: Manager
By:
Robert N. Goodman
President
MW HOUSING PARTNERS III, L.P.,
a California limited partnership
By: MW Housing Management III, LLC,
A California limited liability company
Its: General Partner
By: WR1 CP Investments 1II, LLC,
A Washington limited liability company
Its: Co-Manager
By: Weyerhaeuser Realty Investors, Inc.,
A Washington corporation
Its: Manager
By:
Name:
Its:
By:
Name:
Its:
lJS_WEST.29731356.S
5
ORA ClARA, LLC,
A California limited liability company
By: ORA Residential Investments I, L.P.,
A California limited partnership
Its: Sole member
By: ORA California II, LLC,
A Delaware limited liability company
Its: General partner
By: Resmark Equity Partners, LLC,
A Delaware limited liability
company
Its: Manager
By:
Robert N. Goodman
President
LENNAR HOMES OF CALIFORNIA, INC.,
a California corporation
By:
Name:
Title:
KB HOMES COASTAL, INC.,
a California corporation
By:
Name:
Title:
By:
Name:
Title:
US WEST.297313565
6
EXHIBIT A
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
The boundaries of the territory which is proposed for inclusion in the Community Facilities
District are depicted in the attached map. The territory proposed for inclusion in the Community
Facilities District and owned by the Landowner is identified as the following Orange County
Assessor Parcel Nos.:
Zone I:
Zone 2:
430-282-08
430-282-18 (portion)
430-282-19 (portion)
434-061-22
434-061-53
434-061-54
434-062-08
434-062-09
434-062-16
434-062-20
US_WEST.297313565
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EXHIBIT B
TYPES OF FACILITIES AND SERVICES
Facilities
The types of facilities to be financed by the Community Facilities District are street
improvements, including grading, paving, curbs and gutters, sidewalks, street signalization and
signage, street lights and parkway and landscaping related thereto, storm drains, utilities, public
parks and recreation facilities, public library facilities, fire protection facilities and equipment
and land, rights-of-way and easements necessary for any of such facilities.
Services
The types of services to be financed by the Community Facilities District are police
protection services, fire protection services, ambulance and paramedic services, recreation
program services, maintenance of parks, parkways and open space and flood and storm
protection services