HomeMy WebLinkAbout01 CFD 06-1 TUSTIN LEGACY 07-17-06AGENDA REPORT
MEETING DATE: July 17, 2006
TO: William A. Huston, City Manager
FROM: Ronald A. Nault, Finance Director
SUBJECT: CONDUCT A PUBLIC HEARING AND HOLD A SPECIAL ELECTION
FOR CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES) AND ADOPT VARIOUS
RESOLUTIONS AND AN ORDINANCE FORMING THE DISTRICT
SUMMARY:
The actions taken by the City at this time will finalize the formation of the Community Facilities
District (CFD) for Columbus Villages. The City Council will conduct and certify a special election
of property owners in the proposed district.
RECOMMENDATION:
1. Conduct a public hearing to hear questions and comments from the audience.
2. Adopt Resolution No. 06-89, a Resolution of the City Council of the City of Tustin,
California, of Formation of City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages), Authorizing the Levy of a Special Tax within the District
and Establishing an Appropriations Limit for the District.
3. Adopt Resolution No. 06-90, a Resolution of the City Council of the City of Tustin,
California, Deeming it Necessary to Incur Bonded Indebtedness within City of Tustin
Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages).
4. Adopt Resolution No. 06-91, a Resolution of the City Council of the City of Tustin,
California, Calling Special Election for City of Tustin Community Facilities District No.
06-1 (Tustin Legacy/Columbus Villages).
5. Direct the City Clerk to open ballots and announce the results of the election.
6. Adopt Resolution No. 06-92, a Resolution of the City Council of the City of Tustin,
California, Declaring Results of Special Election and Directing Recording of Notice of
Special Tax Lien.
7. Have first reading of Ordinance No. 1315, an Ordinance of the City of Tustin, California,
Levying Special Taxes within the City of Tustin Community Facilities District No. 06-1
(Tustin Legacy/Columbus Villages).
8. Adopt Resolution No. 06-93, a Resolution of the City Council of the City of Tustin,
California, declaring its official intent to reimburse certain expenditures from proceeds of
indebtedness.
FISCAL IMPACT:
None.
DISCUSSION:
The recommended actions are necessary steps in the process of creating a Community
Facilities District for the Legacy project. The second reading of Ordinance No. 1315 is
scheduled for August 21st. The City Council will be asked to review and approve bond and
disclosure documents at their September 5th meeting. We are hopeful of a closing for the CFD
bonds by October 4, 2006.
Staff and various Consultants will be available at the meeting to respond to questions from the
City Council.
Rib!d~
Finance Director
RAN:ts
Attachments
CommunityFecilitiesDistricto6-1PublicHearingStaffReporl.doc
RESOLUTION NO. 06-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN OF FORMATION OF CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN
LEGACY/COLUMBUS VILLAGES), AUTHORIZING THE
LEVY OF A SPECIAL TAX WITHIN THE DISTRICT AND
ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE
DISTRICT
WHEREAS, on June 5, 2006, the City Council (the "City Council") of the City of Tustin
(the "City"), pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"), adopted
a 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" (the
"Resolution of Intention"), stating its intention to establish a community facilities district (the
"Community Facilities District") proposed to be named City of Tustin Community Facilities
District No. 06-1 (Tustin Legacy/Columbus Villages), to authorize the levy of special taxes
within the Community Facilities District to finance certain public facilities and services and setting
the date for a public hearing to be held on the establishment of the Community Facilities District;
WHEREAS, pursuant to the Resolution of Intention, notice of said public hearing was
published in the Orange County Register, a newspaper of general circulation published in the
area of the Community Facilities District, in accordance with the Act;
WHEREAS, on this date, the City Council opened, conducted and closed said public
hearing;
WHEREAS, pursuant to the Resolution of Intention, each officer of the City who is or
will be responsible for providing one or more of the proposed types of public facilities or
services was directed to study, or cause to be studied, the proposed Community Facilities District
and, at or before said public hearing, file a report with the City Council containing a brief
description of the public facilities 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 such public facilities and services; such officers were also
directed to estimate the fair and reasonable cost of the public facilities proposed to be purchased
as completed public facilities and of the incidental expenses proposed to be paid;
WHEREAS, said report was so filed with the City Council and made a part of the record
of said public hearing;
WHEREAS, at the hearing, the testimony of all interested persons and taxpayers for or
against the establishment of the Community Facilities District, the extent of the Community
Facilities District and the furnishing of the specified types of public facilities or services was
heard;
WHEREAS, written protests against the establishment of the Community Facilities
District, the furnishing of any specified type or types of facilities or services within the
OHS WEST.260051938.1
Community Facilities District or the levying of any specified special tax were not made or filed
at or before said hearing by 50% or more of the registered voters, or six registered voters,
whichever is more, residing within the territory proposed to be included in the Community
Facilities District, or the owners of one-half or more of the area of land in the territory proposed
to be included in the Community Facilities District and not exempt from the special tax;
WHEREAS, there has been filed with the City Clerk of the City a letter from the
Registration and Elections Department of the County of Orange indicating that 12 or more
persons have not been registered to vote within the territory of the proposed Community
Facilities District for each of the 90 days preceding the close of said public hearing;
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 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 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 retum 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; and
WHEREAS, the City and Lennar Homes of Cali fomi a, Inc. ("Lennar") have entered into
a Deposit and Reimbursement Agreement, dated as of June 1,2006 (the "Deposit Agreement"),
pursuant to which Lennar has heretofore advanced certain funds, and Lennar has agreed to
advance additional funds, which have been or may be used to pay costs incurred in connection
with the creation of the Community Facilities District and the issuance of special tax bonds
thereby and, in accordance with Section 53314.9 of the Act, the City desires to accept such
advances and to reimburse Lennar therefor, without interest, from the proceeds of special tax
bonds issued by the Community Facilities District;
OHS WFST.260051938.1
2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as
follows:
Section I. The foregoing recitals are true and correct.
Section 2. The Community Facilities District is hereby established pursuant to the Act.
Section 3. The Community Facilities District is hereby named "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. The portion of such Facilities
proposed to be purchased as completed public facilities is described under the caption
"Completed Facilities" 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 S. The proposed special tax to be levied within the Community Facilities District
has not been precluded by majority protest pursuant to Section 53324 of the Act.
Section 6. 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
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
8 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 7. 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
OHS WEST.26005!938.!
3
may impose, and any applicable prepayment penalties as prescribed in the bond indenture or
comparable instrument or document, to tender to the Community Facilities District treasurer in
full payment or part payment of any installment of the special taxes or the interest or penalties
thereon which may be due or delinquent, but for which a bill has been received, any bond or
other obligation secured thereby, the bond or other obligation to be taken at par and credit to be
given for the accrued interest shown thereby computed to the date of tender.
Section 8. The name, address and telephone number of the office which will be
responsible for preparing annually a current roll of special tax levy obligations by assessor's
parcel number and which will be responsible for estimating further special tax levies pursuant to
Section 53340.1 of the Act are as follows: Finance Director, City of Tustin, 300 Centennial Way,
Tustin, California 92680, (714) 573-3061.
Section 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of
the California Streets and Highways Code, a continuing lien to secure each levy of the special
tax shall attach to all nonexempt real property in the Community Facilities District and this lien
shall continue in force and effect until the special tax obligation is prepaid and permanently
satisfied and the lien canceled in accordance with law or until collection of the tax by the City
Council ceases.
Section 10. The boundary map of the Community Facilities District has been recorded in
the County of Orange in Book 91 at Pages 37-39 of Maps of Assessments and Community
Facilities Districts in the office of the County Recorder of the County of Orange as Instrument
No. 2006000399917.
Section 11. The annual appropriations limit, as defined by subdivision (h) of Section 8
of Article XIII B of the California Constitution, of the Community Facilities District is hereby
established at $65,000,000.
Section 12. Pursuant to the provisions of the Act, the levy of the special tax and a
proposition to establish the appropriations limit specified above shall be subject to the approval
of the qualified electors of the Community Facilities District at a special election. The City
Council hereby finds and determines that 12 or more persons have not been registered to vote
within the territory of the Community Facilities District for each of the 90 days preceding the
close of the public hearing held by the City Council on the establishment of the Community
Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the
landowners of the Community Facilities District and each landowner who is the owner of record
as of the close of said public hearings, or the authorized representative thereof, shall have one
vote for each acre or portion of an acre that he or she owns within the Community Facilities
District. The voting procedure shall be by mailed or hand-delivered ballot.
Section 13. Marble Mountain has heretofore advanced certain funds, and may advance
additional funds, which have been or may be used to pay costs incurred in connection with the
creation of the Community Facilities District and the issuance of special tax bonds thereby. The
City Council has previously approved the acceptance of such funds for the purpose of paying
costs incurred in connection with the creation of the Community Facilities District and the
issuance of special tax bonds thereby. The City Council proposes to repay all or a portion of
OHS WEST,260051938.!
4
such funds expended for such purpose, solely from the proceeds of such bonds, pursuant to the
Cooperative Agreement. The Cooperative Agreement is hereby incorporated herein as though
set forth in full herein.
Section 14. Lennar has heretofore advanced certain funds, and may advance additional
funds, which have been or may be used to pay costs incurred in connection with the creation of
the Community Facilities District and the issuance of special tax bonds thereby. The City
Council has previously approved the acceptance of such funds for the purpose of paying costs
incurred in connection with the creation of the Community Facilities District and the issuance of
special tax bonds thereby. The City Council proposes to repay all or a portion of such funds
expended for such purpose, solely from the proceeds of such bonds, pursuant to the Deposit
Agreement. The Deposit Agreement is hereby incorporated herein as though set forth in full
herein.
Section 15. The City Council hereby finds and determines that all proceedings up to and
including the adoption of this Resolution were valid and in conformity with the requirements of
the Act. In accordance with Section 53325.1 of the Act, such finding shall be final and
conclusive.
Section 16. 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 17. This Resolution shall take effect immediately upon its adoption.
APPROVED and ADOPTED by the City Council of the City of Tustin on July 17,
2006.
Doug Davert, Mayor
ATTEST:
Pamela Stoker, City Clerk
OHS WEST:26005 [Y38.1
5
EXHIBIT A
FACILITIES, 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.
Completed Facilities
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 of those facilities;
(b) the costs associated with the creation of the Community Facilities District,
issuance of bonds, determination of the amount of taxes, collection of taxes, payment of
taxes, or costs otherwise incurred in order to carry out the authorized purposes of the
Community Facilities District; and
(c) any other expenses incidental to the construction, completion, and
inspection of the authorized work.
OHS WEST.260051938.1
A-I
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
OHS WEST.260051938.\
B-1
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 July 17,
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
OHS WEsT.2600S1938.1
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
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 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
July 11, 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 I shall not exceed 71 Moderate Income units, I 17 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, iffor 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
July 12, 2006
Page 2
"Council" means the City Council ofthe 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 1,2005 and prior to May I 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 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 I 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.
"N on-Residential Property" means all Assessor's Parcels ofDeve\oped 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 Lega(y/Columbus ~7l1ages
CFD No. 06-1
July 12, 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 ofthe 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
July 12, 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 I 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
July 12, 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 8 for each
Land Use Class in each Zone is shown below in Tables I 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 Tu",tin - Tu",tin Legacy/Columbu", ~lllage",
CFD No. 06-1
July 12, 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. $2,507 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 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. $2,217 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
July 12, 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
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 $2,010 per 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 $1,485 per 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
II 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 Soecial Tax
On each July I, commencing on July 1,2007 the Maximum Special Tax A,
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 I, commencing on July I, 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
July 11, 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 I, commencing on July I, 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 TAXA 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
July 12, 1006
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 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 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- I 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 I 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
July 12, 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 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
I 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
II 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
July 12, 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 Tustin Community Facilities District No. 06-1
(Tustin Legacy/Columbus Villages)
Zone 2
I 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 3,60 I - 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
II Affordable Units - Moderate NA 30 units
12 Affordable Units - Very Low NA 12 units
13 Non-Residential Property NA o Acres
July /2, 2006
Page /2
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
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 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 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 of the building permits currently being requested. If the
total sum computed pursuant to step I 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 I, 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
July 12, 2006
Page 13
Capitalized Interest Credit described in Paragraph 12 of Section I.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 ofthe 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
July 12, 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 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 ofthe Special Tax A and shall be taxed
Proportionately as part of the third and fourth steps in Section E.I.
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 I, and on up to 0.16 Acres of Public
Property and up to 30.3 I 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
July 12, 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.I.
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 TAX A
The following additional definitions apply to this Section I:
"BuUdout" 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 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 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
July 12, 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 ofCFD 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
July 12, 2006
Page 17
As of the proposed date of prepayment, the Special Tax A Prepayment Amount shaH be
calculated as follows:
Paral!:raDh 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-IOO%), 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
July 11, 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 ofredeeming 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, if any, are at or above 100% ofthe
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, II, 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 ofCFD 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/Cotumbus Villages
CFD No. 06-1
Juty 12, 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
of the prepayment shall be calculated as in Section LI ; 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 LI
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 ofthe
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
LI, 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 ofthe 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.\.
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
July 12, 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: ICLlENTS2\ Tustin.Cit\TustinMC AS\Lennar\RMA \Lennar _ 8.doc
City of Tustin - Tustin Legacy/Columbus Villages
CFD No. 06-1
July 12, 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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RESOLUTION NO. 06-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN DEEMING IT NECESSARY TO INCUR
BONDED INDEBTEDNESS WITHIN CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN
LEGACY/COLUMBUS VILLAGES)
WHEREAS, on June 5, 2006, the City Council (the "City Council") of the City of Tustin
(the "City"), pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"), adopted
a 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 form City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages) (the "Community Facilities District") and to authorize the levy of
special taxes within the Community Facilities District to finance certain public facilities and
services;
WHEREAS, on June 5, 2006, the City Council also adopted a resolution entitled "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)" (the "Resolution to Incur Bonded Indebtedness") declaring the necessity for incurring
bonded indebtedness and setting the date for a public hearing to be held on the proposed debt
Issue;
WHEREAS, pursuant to the Resolution to Incur Bonded Indebtedness, notice of said
public hearing was published in the Orange County Register, a newspaper of general circulation
published in the area of the Community Facilities District, in accordance with the Act;
WHEREAS, on this date, the City Council opened, conducted and closed said public
hearing;
WHEREAS, at said public hearing, any person interested, including persons owning
property within the area and desiring to appear and present any matters material to the questions
set forth in the Resolution to Incur Bonded Indebtedness appeared and presented such matters;
WHEREAS, no oral or written protests against the proposed debt issue were made or
filed at or before said public hearing;
WHEREAS, on this date, the City Council adopted a resolution entitled "A Resolution
of the City Council of the City of Tustin of Formation of City of Tustin Community Facilities
District No. 06-1 (Tustin Legacy/Columbus Villages), Authorizing the Levy of a Special Tax
within the District and Establishing an Appropriations Limit for the District" (the "Resolution of
Formation");
WHEREAS, the City Clerk of the City (the "City Clerk") is the election official that will
conduct the special election on the proposition to incur bonded indebtedness for the Community
Facilities District;
OHS WEST:260052017 I
WHEREAS, there has been filed with the City Clerk a letter from the Registration and
Elections Department of the County of Orange indicating that 12 or more persons have not been
registered to vote within the territory ofthe Community Facilities District for each of the 90 days
preceding the close of said public hearing;
WHEREAS, there has been filed with the City Clerk consents and waivers of all of the
landowners of record in the Community Facilities District waiving any time limit specified by
Section 53326 of the Act and any requirement pertaining to the conduct of said special election,
including any time limit or requirement applicable to an election pursuant to Article 5,
Chapter 2.5, Division 3, Title 5 of the Act (commencing with Section 53345 of the Act),
consenting to the holding of said special election on July 17, 2006 and waiving any impartial
analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and
WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding
said special election on July 17, 2006;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as
follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council deems it necessary to incur the bonded indebtedness.
Section 3. The bonded indebtedness will be incurred for the purpose of financing the
costs of the Facilities (as defined in the Resolution of Formation), including all costs and
estimated costs incidental to, or connected with, the accomplishment of such purpose.
Section 4. In accordance with the previous determination of the City Council, the whole
of the Community Facilities District will pay for the bonded indebtedness.
Section 5. The maximum amount of debt to be incurred is $65,000,000.
Section 6. The maximum term the bonds to be issued shall run before maturity is 40
years.
Section 7. The maximum annual rate of interest to be paid shall not exceed the
maximum interest rate permitted by applicable law at the time of sale of the bonds, payable
semiannually or at such times as the City Council or its designee shall determine, the actual rate
or rates and times of payment of such interest to be determined by the City Councilor its
designee at the time or times of sale of the bonds.
Section 8. The proposition to incur the bonded indebtedness will be submitted to the
voters.
Section 9. The City Council hereby finds and determines that 12 or more persons have
not been registered to vote within the territory of the Community Facilities District for each of
the 90 days preceding the close of the public hearings held by the City Council on the proposed
debt issue for the Community Facilities District. Accordingly, pursuant to Section 53326 of the
OHS WEST.260052017 I
2
Act, the vote shall be by the landowners of the Community Facilities District and each
landowner who is the owner of record as of the close of said public hearings, or the authorized
representative thereof, shall have one vote for each acre or portion of an acre that he or she owns
within the Community Facilities District.
Section 10. The City Council hereby finds and determines that the qualified electors of
the Community Facilities District have unanimously consented (a) to the waiver of any time limit
specified by Section 53326 of the Act and any requirement pertaining to the conduct of said
election, including any time limit or requirement applicable to an election pursuant to Article 5,
Chapter 2.5, Division 3, Title 5 of the Act (commencing with Section 53345 of the Act), and (b)
to the holding of said election on July 17, 2006. The City Council herby finds and determines
that the City Clerk has concurred in said waivers and has concurred in holding said election on
July 17, 2006.
Section 11. The date of the special community facilities district election (which shall be
consolidated with the special district election to levy a special tax within the Community
Facilities District) at which time the proposition shall be submitted to the voters is July 17, 2006.
Section 12. The election is to be conducted by mail ballot. The mailed ballots are
required to be received in the office of the City Clerk no later than 8:00 p.m. on July 17, 2006;
provided, however, that if all of the qualified electors have voted prior to such time, the election
may be closed.
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 of the City of Tustin on July 17,
2006.
Doug Davert, Mayor
ATTEST:
Pamela Stoker, City Clerk
OHS WEST.2600520171
3
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 July 17,
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
OHS WEST.260052017 I
OFFICIAL BALLOT
CITY OF TUSTIN
July 17, 2006
SPECIAL ELECTION
This ballot is for a special, landowner election. The number of votes to be voted pursuant
to this ballot is
INSTRUCTIONS TO VOTERS:
Tc', "(',If-' nn tllf-' ~Jn'pusit.i 'TL, nl.~d. a '-:l">,S 1+1 'n (X'I ifl th~ "ulinq S'-JUdLe a[~eL lhe word "YES" e'l aftel
thl-' \v()lci "NO", All ,L~;t_i[Lyuishi!lq marks '~'l erasu:es are f-Clrbi,-j,jen ann mak>? th'-, ballnt vr,id. If Y'-Ju wrc)r.ql:r'
mdLk, t-""on, '-'L Jefd.ee thlS baLL:>t, ri"turn Lt h. th<o Cit:r' CIF-'Lk 'l[ thp '~lty (,[ Tu::;Llll dn,i "btdlr. dIluth'=l.
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
PROPOSITION: Shall City of Tustin Community Facilities District
No. 06-1 (Tustin Legacy/Columbus Villages) (the "Community
Facilities District") be authorized to incur bonded indebtedness in a
maximum amount of not to exceed $65,000,000 and levy a special tax
in order to finance certain facilities and services and shall the annual
appropriations limit of the Community Facilities District be established
in the amount of $65,000,000, all as specified in the Resolution entitled
"A Resolution of the City Council of the City of Tustin of Formation
of City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages), Authorizing the Levy of a Special Tax
within the District and Establishing an Appropriations Limit for the
District" and the Resolution entitled "A Resolution of the City Council
of the City of Tustin Deeming It Necessary to Incur Bonded
Indebtedness within City of Tustin Community Facilities District No.
06-1 (Tustin Legacy/Columbus Villages)," adopted by the City
Council of the City of Tustin on July 17, 2006?
OHS WEST:26005] 878.]
Yes: D
No:
D
RESOLUTION NO. 06-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN CALLING SPECIAL ELECTION FOR CITY
OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-
1 (TUSTIN LEGACY/COLUMBUS VILLAGES)
WHEREAS, on this date, the City Council (the "City Council") ofthe City of Tustin (the
"City") adopted, pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"), a
resolution entitled "A Resolution of the City Council of the City of Tustin of Formation of City
of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages),
Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations
Limit for the District" (the "Resolution of Formation"), establishing City of Tustin Community
Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) (the "Community Facilities
District"), authorizing the levy of a special tax within the Community Facilities District and
establishing an appropriations limit for the Community Facilities District;
WHEREAS, on .this date, the City Council also adopted a resolution entitled "A
Resolution of the City Council of the City of Tustin Deeming It Necessary to Incur Bonded
Indebtedness within City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages)," deeming it necessary to incur bonded indebtedness in the
maximum amount of $65,000,000;
WHEREAS, pursuant to the provisions of said resolutions, the propositions to incur
bonded indebtedness, to levy a special tax within the Community Facilities District and to
establish an appropriations limit for the Community Facilities District are to be submitted to the
qualified electors of the Community Facilities District as required by the Act;
WHEREAS, the City Council desires to designate the City Clerk of the City (the "City
Clerk") as the election official for the special election provided for herein;
WHEREAS, there has been filed with the City Clerk a letter from the Registration and
Elections Department of the County of Orange indicating that 12 or more persons have not been
registered to vote within the territory of the Community Facilities District for each of the 90 days
preceding the close of the public hearings on the establishment of the Community Facilities District
and the proposed debt issue for the Community Facilities District;
WHEREAS, there has been filed with the City Clerk consents and waivers of all of the
landowners of record in the Community Facilities District waiving any time limit specified by
Section 53326 of the Act and any requirement pertaining to the conduct of said special election,
including any time limit or requirement applicable to an election pursuant to Article 5, Chapter 2.5,
Division 3, Title 5 of the Act (commencing with Section 53345 of the Act), consenting to the
holding of said special election on July 17, 2006 and waiving any impartial analysis, arguments or
rebuttals, as set forth in Sections 53326 and 53327 ofthe Act; and
WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding said
special election on July 17, 2006;
OHS WEST:260052026.\
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as
follows:
Section 1. Pursuant to Sections 53351, 53326 and 53325.7 of the Act, the propositions to
incur bonded indebtedness, to levy a special tax within the Community Facilities District and to
establish an appropriations limit for the Community Facilities District shall be submitted to the
qualified electors of the Community Facilities District at an election called therefor as provided
below.
Section 2. The City Clerk is hereby designated as the official to conduct said election.
Section 3. As authorized by Section 53353.5 of the Act, the propositions to incur bonded
indebtedness, to levy a special tax within the Community Facilities District and to establish an
appropriations limit for the Community Facilities District shall be combined into one ballot
proposition.
Section 4. The City Council hereby finds and determines that 12 or more persons have
not been registered to vote within the territory of the Community Facilities District for each of
the 90 days preceding the close of the public hearings heretofore held by the City Council on the
establishment of the Community Facilities District and the proposed debt issue for the
Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall
be by the landowners of the Community Facilities District and each landowner who is the owner
of record as of the close of said public hearings, or the authorized representative thereof, shall
have one vote for each acre or portion of an acre that he or she owns within the Community
Facilities District.
Section 5. The City Council hereby finds and determines that the qualified electors of
the Community Facilities District have unanimously consented (a) to the waiver of any time limit
specified by Section 53326 of the Act and any requirement pertaining to the conduct of said
election, including any time limit or requirement applicable to an election pursuant to Article 5,
Chapter 2.5, Division 3, Title 5 of the Act (commencing with Section 53345 of the Act), (b) to
the holding of said election on July 17, 2006, and (c) to the waiver of any impartial analysis,
arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act. The City Council
herby finds and determines that the City Clerk has concurred in said waivers and has concurred
in holding said election on July 17, 2006.
Section 6. The City Council hereby calls a special election to submit to the qualified
electors of the Community Facilities District the combined proposition to incur bonded
indebtedness, to levy a special tax within the Community Facilities District and to establish an
appropriations limit for the Community Facilities District, which election shall be held at 300
Centennial Way, Tustin, California, on July 17, 2006. The City Council has caused to be
provided to the City Clerk, as the official to conduct said election, the Resolution of Formation, a
certified map of sufficient scale and clarity to show the boundaries of the Community Facilities
District, and a sufficient description to allow the City Clerk to determine the boundaries of the
Community Facilities District.
OHS WEsr:260052026.l
2
The voted ballots shall be returned to the City Clerk not later than 8:00 p.m. on July 17,
2006; provided, however, that if all of the qualified electors have voted prior to such time, the
election may be closed with the concurrence of the City Clerk.
Section 7. Pursuant to Section 53327 of the Act, the election shall be conducted by mail
or hand-delivered ballot pursuant to Section 4000 of the California Elections Code. The City
Council hereby finds that paragraphs (a), (b), (c) (I) and (c)(3) of said Section 4000 are
applicable to this special election.
Section 8. The form of the ballot for said election is attached hereto as Exhibit A and by
this reference incorporated herein, and such form of ballot is hereby approved. The City Clerk
shall cause to be delivered to each of the qualified electors of the Community Facilities District a
ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective
landowner to which it pertains.
Each ballot shall be accompanied by all supplies and written instructions necessary for
the use and return of the ballot. The identification envelope for return of the ballot shall be
enclosed with the ballot, shall have the return postage prepaid, and shall contain: (a) the name
and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is
the owner of record or the authorized representative of the landowner entitled to vote and is the
person whose name appears on the identification envelope, (c) the printed name, signature and
address of the voter, (d) the date of signing and place of execution of the declaration described in
clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened
only by the canvassing board.
Analysis and arguments with respect to the ballot proposition are hereby waived, as
provided in Section 53327 of the Act.
Section 9. The City Clerk shall accept the ballots of the qualified electors in the office of
the City Clerk at 300 Centennial Way, Tustin, California, to and including 8:00 p.m. on July 17,
2006, whether said ballots be personally delivered or received by mail. The City Clerk shall
have available ballots which may be marked at said location on the election day by said qualified
electors.
Section 10. The City Council hereby determines that the facilities financed by the
Community Facilities District are necessary to meet increased demands placed upon local
agencies as a result of development occurring in the Community Facilities District.
Section 11. The specific purposes of the bonded indebtedness proposed to be incurred is
the financing of the Facilities (as defined in the Resolution of Formation), including all costs and
estimated costs incidental to, or connected with, the accomplishment of such purpose, and the
proceeds of such bonded indebtedness shall be applied only to such specific purposes.
Upon approval of the proposition to incur bonded indebtedness, and the sale of any bonds
evidencing such indebtedness, the City Council shall take such action as may be necessary to
cause to be established an account for deposit of the proceeds of sale of the bonds. For so long
as any proceeds of the bonds remain unexpended, the Finance Director of the City shall cause to
be filed with the City Council, no later than January I of each year, a report stating (a) the
OHS WEST:260052026.1
3
amount of bond proceeds received and expended during the preceding year, and (b) the status of
any project funded or to be funded from bond proceeds. Said report may relate to the calendar
year, fiscal year, or other appropriate annual period, as the Finance Director of the City shall
determine, and may be incorporated into the annual budget, audit, or other appropriate routine
report to the City Council.
Section 12. 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 13. This Resolution shall take effect immediately upon its adoption.
APPROVED and ADOPTED by the City Council of the City of Tustin on July 17,
2006.
Doug Davert, Mayor
ATTEST:
Pamela Stoker, City Clerk
OHS WEST:260052026.1
4
EXHIBIT A
OFFICIAL BALLOT
CITY OF TUSTIN
July 17,2006
SPECIAL ELECTION
This ballot is for a special, landowner election. The number of votes to be voted pursuant
to this ballot is
INSTRUCTIONS TO VOTERS:
Tel V()~e "[1 thp pr()p()5it.i-'1l, ~drk ;). ~[:'S:3 !.) ,-,r IXI in th,.., V:>t.Lll'J SqUdP~ dfter t-he word "YES" (.'1 dtt'='L
lhp ,,,,,td "NO". All dlstinquisl"llrJ'l Tnarks ,H PL'd::;'..!I,,:"; dl<-' t"Lbiddpn~[ld mdkf' t_h~ b,'lllvt v,-,1d. It y,:,u wroJlgly
%Hk, tP~l, "r ejptace thL~ ballJt, retunl it to rhl-O ':::1t'l '-::lprk "f tljl' ':":ity "t T',Jst-ir, ",nd ,)braln another.
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
PROPOSITION: Shall City of Tustin Community Facilities District
No. 06-1 (Tustin Legacy/Columbus Villages) (the "Community
Facilities District") be authorized to incur bonded indebtedness in a
maximum amount of not to exceed $65,000,000 and levy a special tax
in order to finance certain facilities and services and shall the annual
appropriations limit of the Community Facilities District be established
in the amount of $65,000,000, all as specified in the Resolution entitled
"A Resolution of the City Council of the City of Tustin of Formation
of City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages), Authorizing the Levy of a Special Tax
within the District and Establishing an Appropriations Limit for the
District" and the Resolution entitled "A Resolution of the City Council
of the City of Tustin Deeming It Necessary to Incur Bonded
Indebtedness within City of Tustin Community Facilities District No.
06-1 (Tustin Legacy/Columbus Villages)," adopted by the City
Council of the City of Tustin on July 17, 2006?
Yes: D
No:
D
OHS WEST:260052026.1
A-I
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 July 17,
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
OHS WEsr260052026.1
RESOLUTION NO. 06-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN DECLARING RESULTS OF SPECIAL
ELECTION AND DIRECTING RECORDING OF NOTICE
OF SPECIAL TAX LIEN
WHEREAS, on July 17, 2006, the City Council (the "City Council") of the City of
Tustin (the "City") adopted, pursuant to the Mello-Roos Community Facilities Act of 1982 (the
"Act"), a resolution entitled "A Resolution of the City Council of the City of Tustin Calling
Special Election for City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages)" (the "Resolution Calling Election"), calling for a special election of
the qualified electors within City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages) (the "Community Facilities District");
WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions
of the Act, the special election was held on July 17, 2006; and
WHEREAS, the City Clerk of the City (the "City Clerk") has certified the canvass of the
returns of the election and has filed a Canvass and Statement of Results of Election (the
"Canvass"), a copy of which is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as
follows:
Section 1. The City Council has received, reviewed and hereby accepts the Canvass.
Section 2. The City Council hereby finds and declares that the ballot proposition
submitted to the qualified electors of the Community Facilities District pursuant to the
Resolution Calling Election has been passed and approved by such electors in accordance with
Section 53328(a), Section 53355 and Section 53325.7 of the Act.
Section 3. The City Clerk is hereby directed to execute and cause to be recorded in the
office of the County Recorder of Orange County a notice of special tax lien in the form required
by the Act, said recording to occur no later than 15 days following adoption by the City Council
of this Resolution.
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.
OHS West:260052030.\
APPROVED and ADOPTED by the City Council of the City of Tustin on July 17,
2006.
Doug Davert, Mayor
ATTEST:
Pamela Stoker, City Clerk
OHS W.,.:260052030.1
2
EXHIBIT A
CANVASS AND STATEMENT OF RESULTS OF ELECTION
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
I hereby certify that on July 17, 2006, 1 canvassed the returns of the special election held
on July 17, 2006 for City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages), that the total number of ballots cast in said Community Facilities
District and the total number of votes cast for and against the proposition are as follows and that
the totals as shown for and against the proposition are true and correct:
Qualified
Landowner
Votes
Votes
Cast
YES
NO
City of Tustin Community Facilities
District No. 06-1 (Tustin
Legacy/Columbus Villages) Special
Election, July 17, 2006
PROPOSITION: Shall City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages) (the "Community Facilities District") be authorized to incur bonded
indebtedness in a maximum amount of not to exceed $65,000,000 and levy a special tax in order to
finance certain facilities and services and shall the annual appropriations limit of the Community
Facilities District be established in the amount of $65,000,000, all as specified in the Resolution
entitled "A Resolution of the City Council of the City of Tustin of Formation of City of Tustin
Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages), Authorizing the
Levy of a Special Tax within the District and Establishing an Appropriations Limit for the
District" and the Resolution entitled "A Resolution of the City Council of the City of Tustin
Deeming It Necessary to Incur Bonded Indebtedness within City of Tustin Community Facilities
District No. 06-1 (Tustin Legacy/Columbus Villages)," adopted by the City Council of the City of
Tustin on July 17, 2006?
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of July, 2006.
Pamela Stoker, City Clerk
of the City of Tustin
OHS W.st:2600520JO.1
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 July 17,
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 ofrecord 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
OHS West:260052030.1
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
CONCURRENCE OF ELECTION OFFICIAL
I, Pamela Stoker. City Clerk of the City of Tustin (the "City"). hereby certify as follows:
(i)
City; and
that I am the election official responsible for conducting special elections in the
(ii) that, pursuant to Section 53326(a) of the Mello-Roos Community Facilities Act of
1982 (the "Act"), I do hereby concur to (a) the holding of a special election on Monday, July 17,
2006, for the purpose of submitting to the qualified electors of proposed City of Tustin
Community Facilities District No.. 06-1 (Tustin Legacy/Columbus Villages) (the "Community
Facilities District") the propositions to incur bonded indebtedness, to levy a special tax within the
Community Facilities District and to establish an appropriations limit for the Community Facilities
District, as provided in Resolution No. 06-89, proposed to be adopted by the City Council of the
City on July 17,2006, and (b) with respect to such special election, the waiving by the qualified
electors of the Community Facilities District of any time limit specified by Section 53326 of the
Act, including any time limit or requirement applicable to an election pursuant to Article 5,
Chapter 2.5, Division 3, Title 5 of the Act (commencing with Section 53345 of the Act).
Dated: July 17, 2006
Pamela Stoker, City Clerk
OHS West:260051873.1
RECORDING REQUESTED BY AND
AFTER RECORDA nON RETURN TO:
City Clerk
City of Tustin
300 Centennial Way
Tustin, California 92680
NOTICE OF SPECIAL TAX LIEN
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO, 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
Pursuant to the requirements of Section 3114.5 of the California Streets and Highways
Code and Section 53328.3 of the Mello-Roos Community Facilities Act of 1982 (the "Act"), the
undersigned City Clerk ofthe City of Tustin (the "City"), hereby gives notice that a lien to secure
payment of a special tax is hereby imposed by the City Council of the City. The special tax
secured by this lien is authorized to be levied for the purpose of (al paying the principal of and
interest on bonds, the proceeds of which are being used to finance the facilities described under
the caption "Facilities" on Exhibit A attached hereto and hereby made a part hereof (the
"Facilities"), and (b) providing the services described under the caption "Services" on Exhibit A
attached hereto (the "Services").
The special tax is authorized to be levied within City of Tustin Community Facilities
District No. 06-1 (Tustin Legacy/Columbus Villages) (the "Community Facilities District")
which has now been officially formed and the lien of the special tax is a continuing lien which
shall secure each annual levy of the special tax and which shall continue in force and effect until
the special tax obligation is prepaid, permanently satisfied, and canceled in accordance with law
or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in
accordance with Section 53330.5 of the Act.
The rate, method of apportionment, and manner of collection of the authorized special tax
is as set forth in Exhibit B attached hereto and hereby made a part hereof. Conditions under
which the obligation to pay the special tax for the Facilities may be prepaid and permanently
satisfied and the lien of the special tax canceled are as set forth in Exhibit B hereto. The
obligation to pay the special tax for the Services may not be prepaid.
Notice is further given that upon the recording of this notice in the office of the County
Recorder of the County of Orange, the obligation to pay the special tax levy shall become a lien
upon all nonexempt real property within the Community Facilities District in accordance with
Section 3115.5 of the California Streets and Highways Code.
us _ WEST.260051821.2
The name(s) of the owner(s) and the assessor's tax parcel number(s) of the real property
included within the Community Facilities District and not exempt from the special tax are as set
forth in Exhibit C attached hereto and hereby made a part hereof.
Reference is made to the boundary map of the Community Facilities District recorded in
Book 91 of Maps of Assessment and Community Facilities Districts at Pages 37 -39, in the office
of the County Recorder of the County of Orange as Instrument No. 2006000399917, which map
is now the final boundary map of the Community Facilities District.
For further information concerning the current and estimated future tax liability of owners
or purchasers of real property subject to this special tax lien, interested persons should contact
the Finance Director of the City of Tustin, 300 Centennial Way, Tustin, California 92680, (714)
573-3061.
Dated: July 17,2006
Pamela Stoker, City Clerk
of the City of Tustin
us _ WEST.2600S1821.2
2
EXHIBIT A
FACILITIES AND SERVICES TO BE FINANCED
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.
us WEST.260051821.2
A-I
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
US_ WEST:260051821.2
B-1
EXHIBIT C
PROPERTY OWNERS AND ASSESSOR'S PARCEL OR TRACT NUMBERS
Name of Property Owner
Moffett Meadows Partners, LLC
Tustin Villas Partners, LLC
William Lyon Homes, Inc.
ORA Astoria, LLC
MW Housing Partners, III, L.P.
us _ WEST.260051821.2
Assessor's Parcel/Tract Nos.
Lots 263, 264, 293, 33 I and 365, and Lettered Lots A
through E, H through M, P, Q, R, U, X, CA through
CF, DA through OJ, EA, EB, FA through FD, AAA
through AAJ, BAB, BAC, BAD, BAE, BAF, BAA,
BBA through BBZ, CCA through CCO, DAA, DEA,
DDA through DDK and DDM through DDZ of Tract
No. 1658 I.
Lot 237, and Lettered Lots A through Z, AA through
AZ and BA through BR of Tract No. 16582
Lots 265 and Lettered Lots S, T and Y of Tract
No. 16581.
Lots 8 through 86, 212 through 215, 266 through 292
and 366 through 383 and Lettered Lots EC through EG
and IA through IL of Tract No. 16581.
Lots 54 through 56, 69 through 79 and 238 through 243
of Tract No. 16582.
Lots 103 through 136, 181 through 211,216 through
241,246,247 and 248 of Tract No. 16581.
Lots 1 through 7, 87 through 94,98 through 102, 137
through 160, 164 through 175, 249 through 262, 295,
299 through 306, 310 through 314, 317 through 324,
328 through 330, 334 through 340, 343 through 345,
347 and 356 through 360 and Lettered Lots AD through
AL, BC, GA through GH and HA through HO of Tract
No. 1658 I.
Units 106 through 114, as shown and described on that
certain Condominium Plan recorded May 22, 2006, as
Instrument No. 2006000343410, in Official Records of
Orange County, California ("Condominium Plan"),
affecting a portion of Lot 315 and all of Lots 316 and
325 of Tract No. 16581. (As shown on the Map
recorded in Book 877 Pages 33 through 50 of
C-I
ORA Ciara, LLC
Lennar Homes of California, Inc.
KB Homes Coastal, Inc.
US WEST:260051821.2
Miscellaneous Maps, Records of Orange County,
California).
Lots 25 through 35, 80 through 98, 110 through 130,
134, 135, 147, 148, 160 through 172, 180 through 194,
197 through 210, 231 through 236 and 244 through 286
of Tract No. 16582.
Lots I through 23, 36 through 53 and 57 through 68 of
Tract No. 16582.
Lots 95, 96, 97,161,162,163,176,177,178,179,180,
294,296,297,298,307,308,309,362,363 and 364 of
Tract No. 16581.
Unit 1, 2 and 3, as shown and described on that certain
Condominium Plan recorded May 22, 2006, as
Instrument No. 2006000343409, and amended by a
document entitled "Amendment to Condominium Plan
for Meriwether in Columbus Square (Model Phase-
Units 1 to 3 of Lot 315, Tract No. 16581)" recorded
June 19, 2006, as Instrument No. 2006000409780, both
of Official Records of Orange County, California
("Condominium Plan"), affecting a portion of Lot 315
of Tract No. 16581, as shown on the Map recorded in
Book 877 Pages 33 through 50 of Miscellaneous Maps,
Records of Orange County, California.
Units 4 through 15, as shown and described on that
certain Condominium Plan recorded May 22, 2006, as
Instrument No. 2006000343408, in Official Records of
Orange County, California ("Condominium Plan"),
affecting Lots 326 and 327 of Tract No. 16581, as
shown on the Map recorded in Book 877, Pages 33
through 50 of Miscellaneous Maps, Records of Orange
County, California.
Lots 99 through 109, 131 through 133, 136 through 146
and 149 through 159 of Tract No. 16582.
Lots 24, 173 through 179, 195, 196 and 211 through
230 ofTract No. 16582.
C-2
ORDINANCE NO. 1315
AN ORDINANCE OF THE CITY OF TUSTIN LEVYING
SPECIAL TAXES WITHIN CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN
LEGACY/COLUMBUS VILLAGES)
WHEREAS, on June 5, 2006, the City Council (the "City Council") of the City of
Tustin, pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"), adopted a
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 City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages) (the "Community Facilities District") and to finance certain public
facilities (the "Facilities") and services (the "Services") and setting the date for a public hearing
to be held on the establishment of the Community Facilities District;
WHEREAS, on July 17, 2006, the City Council held a noticed public hearing on the
establishment of the Community Facilities District, as required by the Act;
WHEREAS, subsequent to the close of said hearing, on July 17, 2006, the City Council
adopted resolutions entitled "A Resolution of the City Council of the City of Tustin of Formation
of City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages),
Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations
Limit for the District" (the "Resolution of Formation"), "A Resolution of the City Council of the
City of Tustin Deeming it Necessary to Incur Bonded Indebtedness within City of Tustin
Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)" and "A Resolution
of the City Council of the City of Tustin Calling Special Election for City of Tustin Community
Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)," which resolutions established
the Community Facilities District, authorized the levy of a special tax within the Community
Facilities District and called an election within the Community Facilities District on the
proposition of incurring indebtedness, levying a special tax within the Community Facilities
District and establishing an appropriations limit for the Community Facilities District,
respectively; and
WHEREAS, on July 17, 2006, an election was held in which the qualified electors of the
Community Facilities District approved said proposition by more than the two-thirds vote
required by the Act;
THE CITY COUNCIL OF THE CITY OF TUSTIN DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council hereby authorizes and levies special taxes within the
Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in
accordance with the method of apportionment set forth in Exhibit A to the Resolution of
Formation (the "Rate and Method of Apportionment"). The special taxes are hereby levied
commencing in fiscal year 2006-07 and in each fiscal year thereafter until the last fiscal year in
OHS West:260052038.1
which such special taxes are authorized to be levied pursuant to the Rate and Method of
Apportionment.
Section 2. The City Council may, in accordance with subdivision (b) of Section 53340 of
the Act, provide, by resolution, for the levy of the special tax in future tax years at the same rate
or at a lower rate than the rate provided by this Ordinance. In no event shall the special tax be
levied on any parcel within the Community Facilities District in excess of the maximum tax
specified therefor in the Rate and Method of Apportionment.
Section 3. The special tax shall be levied on all of the parcels in the Community
Facilities District, unless exempted by law or by the Rate and Method of Apportionment.
Section 4. The proceeds of the special tax shall only be used to pay, in whole or in part,
the cost of providing the Facilities and Services and incidental expenses pursuant to the Act.
Section 5. The special tax shall be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same penalties and the same procedure,
sale and lien priority in the case of delinquency as is provided for ad valorem taxes, unless
another procedure is adopted by the City Council.
Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the
special tax is found inapplicable to any particular parcel within the Community Facilities
District, by a court of competent jurisdiction, the balance of this Ordinance and the application of
the special tax to the remaining parcels within the Community Facilities District shall not be
affected.
Section 7. This Ordinance shall take effect and shall be in force 30 days after the date of
its adoption and prior to the expiration of 15 days from the passage thereof shall be published at
least once in the Tustin News, a newspaper of general circulation, printed and published in the
City of Tustin, State of California, together with the names of the City Council members voting
for and against the same.
OHS West:260052038.!
2
PASSED, ADOPTED and APPROVED this _ day of
City Council of the City of Tustin, California.
, 2006, by the
Doug Davert, Mayor
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By:
OHS West:2600520J8.1
3
CLERK'S CERTIFICATE
ST ATE 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 the Ordinance introduced at a regular meeting of the
City Council of the City of Tustin duly held on July 17, 2006, of which meeting all of the
members of said City Council had due notice and at which a majority thereof were present; and
was finally passed and adopted not less than five days thereafter on , 2006, 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 Ordinance 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 Ordinance is a full, true and correct
copy of the original Ordinance adopted at said meeting and entered in said minutes; and that said
Ordinance 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
OHS West:260052U3R.1
CONSENT AND WAIVER
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
City Council
City of Tustin
300 Centennial Way
Tustin, California 92680
Members of the City Council:
This is a consent and 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; Property. This Consent and Waiver is submitted by Moffett Meadows
Partners, LLC ("Landowner"), as the legal owner of approximately -QQ...2 acres of land
described in Exhibit A attached hereto and made a part hereof (the "Property"). Pursuant to a
petition of the Landowner, the City Council (the "City Council") of the City of Tustin (the
"City") has commenced proceedings under the Act to establish a community facilities district
proposed to be named City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages) (the "Community Facilities District"). All of the Property is within
the boundaries of the Community Facilities District.
2. Proceedings. The Landowner hereby acknowledges and agrees that the City Council
has, pursuant to a petition of the Landowner, commenced proceedings pursuant to the Act to
establish the Community Facilities District, to levy a special tax in the Community Facilities
District to finance certain public facilities and services and to authorize special tax bonds for the
Community Facilities District in an amount not to exceed $65,000,000. The public facilities
proposed to be financed by the Community Facilities District pursuant to the Act are described
under the caption "Facilities" on Exhibit 8 attached hereto and the services proposed to be
financed by the Community Facilities District pursuant to the Act are described under the caption
"Services" on Exhibit 8 attached hereto. The City Council has fixed 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 where the City Council will conduct public hearings on the
establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District. The Landowner hereby acknowledges and agrees that notices of
the hearings were published by the City Clerk on July 6, 2006 in The Orange County Register, a
newspaper of general circulation published in the area of the Community Facilities District. The
Landowner hereby acknowledges and agrees that it had actual notice of the public hearings, that
notice of such hearings has been given in accordance with the Act, that it waives any and all
(ms H'1'.'1:2(()1I51()71.IIJS WFST'260051h71 2
defects (if any) in such notice, and that it waives any rights it may have to make any protest or
complaint or to undertake any legal action challenging the adequacy of such notice.
3. Ownership of Property; No Registered Voters; Landowner Election. The
Landowner represents and warrants to the City that it is the legal owner of the fee interest in all
of the Property and that no other person or entity is the legal owner of all or any portion of the
fee interest in any of such Property. To the best of the Landowner's knowledge, there are no
registered voters residing within the boundaries of the Property and there have been none during
the 90-day period preceding the date of this Consent and Waiver.
The Landowner hereby acknowledges and agrees that, pursuant to Section 53326(b) of
the Act, if fewer than 12 persons have been registered to vote within the territory of the
Community Facilities District for each of the 90 days preceding the close of the public hearings
on the establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District, the vote on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District shall be by the landowners
of the Community Facilities District and each landowner who is the owner of record at the close
of said public hearings, or the authorized representative thereof, shall have one vote for each acre
or portion of an acre of land that he or she owns within the Community Facilities District. The
Landowner hereby acknowledges and agrees that if, as anticipated, said public hearings are
closed on the date hereof, said vote shall, pursuant to Section 53326(b) of the Act, be by the
landowners of the Community Facilities District.
4. Request. The Landowner hereby requests that the special election to be held under the
Act on the proposition to incur bonded indebtedness of the Community Facilities District, to levy
a special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District be conducted using mailed or hand-delivered ballots, that such
ballots be opened and canvassed at such election, and that the results of such election be certified
at the same meeting of the City Council as the public hearings on the establishment of the
Community Facilities District and the proposed issuance of bonded indebtedness of the
Community Facilities District, or as soon thereafter as possible.
5. Consent and Waiver. The Landowner hereby acknowledges and agrees that if the
special election to be held under the Act on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District is held on July 17, 2006,
said election would be held less than 90 days after the anticipated close of the July 17, 2006
public hearings on the establishment of the Community Facilities District and the proposed
issuance of bonded indebtedness of the Community Facilities District. The Landowner hereby
acknowledges and agrees that the qualified electors of the Community Facilities District are
entitled, pursuant to Section 53326 of the Act, with the concurrence of the election official for
said special election, to consent to the waiver of any time limit specified by Section 53326 of the
Act and any requirement pertaining to the conduct of said special election, including any time
limit or requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title
5 of the Act (commencing with Section 53345 of the Act). The Landowner hereby consents to
the waiver of, and hereby waives, any time limit specified by Section 53326 of the Act and any
OJ..lS Ult_t26{11\.~ltJ71.IlJS WFST-2600S1671 2
2
requirement pertammg to the conduct of said special election, including any time limit or
requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title 5 of the
Act (commencing with Section 53345 of the Act), including, but not limited to, all notices with
respect thereto (published, mailed or otherwise to be given), any voter qualification
requirements, any time limitations, any requirements as to form or content of election materials,
all publication requirements, all pre-election, election or voting procedures (other than the right
to vote) and all canvass, recount and tie vote procedures. The Landowner hereby consents to the
holding of said special election on July 17, 2006.
The Landowner hereby acknowledges and agrees that the landowners of the Community
Facilities District are entitled (a) pursuant to Section 53327(b) of the Act, to consent to the
waiver of any impartial analysis, arguments or rebuttals, with respect to the special election on
the proposition to incur bonded indebtedness of the Community Facilities District, to levy a
special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District, and (b) pursuant to Section 53326 of the Act, with the
concurrence of the election official for said special election, to consent to the waiver of any
requirement pertaining to the conduct of said special election. The Landowner hereby
acknowledges and agrees that said special election is to be held without the preparation of an
impartial analysis and arguments and rebuttals, if any, as permitted by Section 53327(b) of the
Act. The Landowner hereby consents to the waiver of, and hereby waives, the requirement in
Section 53327(a) that there be prepared and included in the ballot material provided to each voter
an impartial analysis pursuant to Section 9160, 9280 or 9500 of the California Elections Code,
and arguments and rebuttals, if any, pursuant to Sections 9162 to 9167, inclusive, and Section
9190 of the California Elections Code or pursuant to Sections 9281 to 9287, inclusive, and
Section 9295 of the California Elections Code, or pursuant to Sections 9501 to 9507, inclusive,
of the California Elections Code, or pursuant to other provisions of law applicable to other
special districts as appropriate.
The Landowner hereby represents that it has obtained such information with respect to
the consents and waivers contained herein as it has deemed necessary or appropriate. The
Landowner hereby confirms and represents that it is fully informed with respect to such consents
and waivers and fully understands the consequences thereof.
The Landowner hereby waives any and all defects in notice or procedure in any
proceedings to establish the Community Facilities District, to levy special taxes in the
Community Facilities District and to authorize special tax bonds for the Community Facilities
District, or in the conduct of the election, whether known or unknown (other than, in the case of
the election, the right to have ballots accurately counted), and the Landowner hereby represents
that the election is being expedited pursuant to this Consent and Waiver, at the particular request
of the Landowner. The Landowner further waives its right to make any protest or complaint or
to undertake any legal action challenging the validity of the election.
6. Authorized Representative. The undersigned John Baayoun, Vice President of
Lennar Homes of California, Inc., has been duly authorized by the Landowner and possesses all
authority necessary to execute this Consent and Waiver on behalf of the Landowner in
connection with the election to be held by the City Council of the City under the Act on the
proposition to incur bonded indebtedness of the Community Facilities District, to levy a special
ows \\'~.f:2e'i\516"71.I(JS WEST 2600516712
3
tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District, and is the authorized representative of the Landowner authorized
to execute ballots on behalf of the Landowner and to vote in the election referred to herein. The
signature set forth opposite the name of such authorized representative is the genuine signature
of such person:
Name
Signature
John Baayoun, Vice President
7. Mailing Address. The address of the Landowner for receiving notices and ballots is:-
Lennar - Land Division, Project Management, 25 Enterprise, Suite 500, Aliso Viejo, CA 92656,
Attn: Marsha Santry.
This Consent and Waiver is dated as of July 17, 2006.
MOFFETT MEADOWS PARTNERS, LLC,
A Delaware limited 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 Califomia, Inc.,
A California corporation
Managing member
Its:
By:
Name:
Title:
John Baayoun
Vice President
OHS\\ll'L"JtiW)~l{7111JS WFST2600'i]671 ')
4
EXHIBIT A
DESCRIPTION OF PROPERTY
That certain real property situated in the County of Orange, State of California, described
as follows:
LOTS 263, 264, 293, 331 AND 365 OF TRACT NO. 16581, IN THE CITY OF
TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE
MAP RECORDED IN BOOK 877 PAGES 33 THROUGH 50 INCLUSIVE, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.
and
LETTERED LOTS A THROUGH E INCUJSIVE. H THROUGH M INCLUSIVE. P. O.
R. U. X. CA THROUGH CF INCLUSIVE. DA THROUGH DJ INCLUSIVE. EA. EB.
FA THROUGH FD INCLUSIVE. AAA THROUGH AAJ INCLUSIVE. BAB. BAC.
BAD. BAE. BAF. BAA. BBA THROUGH BBZ INCLUSIVE. CCA THROUGH CCO
INCLUSIVE. DAA. DEA. DDA THROUGH DDK INCLUSIVE. DDM THROUGH
DDZ INCLUSIVE OF TRACT NO. 16581. IN THE CITY OF TUSTIN COUNTY OF
ORANGE. STATE OF CALIFORNIA. AS SHOWN ON THE MAP RECORDED IN
BOOK 877 PAGES 33 THROUGH 50 INCLUSIVE. IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY.
and
LOT 237 OF TRACT NO. 16582, IN THE CITY OF TUSTIN, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 874
PAGES I THROUGH 30 INCLUSIVE, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY.
LETTERED LOTS "A" THROUGH "Z" INCLUSIVE. "AA" THROUGH "AZ"
INCLUSIVE AND "BA" THROUGH "BR" INCLUSIVE. OF TRACT NO. 16582. IN
THE CITY OF TUSTIN. COUNTY OF ORANGE. STATE OF CALIFORNIA. AS
SHOWN ON THE MAP RECORDED IN BOOK 874 PAGES I THROUGH 30
INCLUSIVE. IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY.
01=1:.; \\'.!:l:2fl{\'l~16:1.lIJS WEST'2hOOSlh71 2
A-I
EXHIBIT B
FACILITIES AND SERVICES TO BE FINANCED
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.
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.
OMS \l'~,'t:~{1t'11:::[671.1IJS WFST 260051 671 2
B-1
CONSENT AND WAIVER
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
City Council
City of Tustin
300 Centennial Way
Tustin, California 92680
Members of the City Council:
This is a consent and 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; Property. This Consent and Waiver is submitted by Tustin Villas
Partners, LLC ("Landowner"), as the legal owner of approximately -lQ...2 acres of land
described in Exhibit A attached hereto and made a part hereof (the "Property"). Pursuant to a
petition of the Landowner, the City Council (the "City Council") of the City of Tustin (the
"City") has commenced proceedings under the Act to establish a community facilities district
proposed to be named City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages) (the "Community Facilities District"). All of the Property is within
the boundaries of the Community Facilities District.
2. Proceedings. The Landowner hereby acknowledges and agrees that the City Council
has, pursuant to a petition of the Landowner, commenced proceedings pursuant to the Act to
establish the Community Facilities District, to levy a special tax in the Community Facilities
District to finance certain public facilities and services and to authorize special tax bonds for the
Community Facilities District in an amount not to exceed $65,000,000. The public facilities
proposed to be financed by the Community Facilities District pursuant to the Act are described
under the caption "Facilities" on Exhibit B attached hereto and the services proposed to be
financed by the Community Facilities District pursuant to the Act are described under the caption
"Services" on Exhibit B attached hereto. The City Council has fixed 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 where the City Council will conduct public hearings on the
establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District. The Landowner hereby acknowledges and agrees that notices of
the hearings were published by the City Clerk on July 6, 2006 in The Orange County Register, a
newspaper of general circulation published in the area of the Community Facilities District. The
Landowner hereby acknowledges and agrees that it had actual notice of the public hearings, that
notice of such hearings has been given in accordance with the Act, that it waives any and all
OHS: H'l!:(:2hPP::lfi7j,\IJS WEST2h()O~lh71 2
defects (if any) in such notice, and that it waives any rights it may have to make any protest or
complaint or to undertake any legal action challenging the adequacy of such notice.
3. Ownership of Property; No Registered Voters; Landowner Election. The
Landowner represents and warrants to the City that it is the legal owner of the fee interest in all
of the Property and that no other person or entity is the legal owner of all or any portion of the
fee interest in any of such Property. To the best of the Landowner's knowledge, there are no
registered voters residing within the boundaries of the Property and there have been none during
the 90-day period preceding the date of this Consent and Waiver.
The Landowner hereby acknowledges and agrees that, pursuant to Section 53326(b) of
the Act, if fewer than 12 persons have been registered to vote within the territory of the
Community Facilities District for each of the 90 days preceding the close of the public hearings
on the establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District, the vote on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District shall be by the landowners
of the Community Facilities District and each landowner who is the owner of record at the close
of said public hearings, or the authorized representative thereof, shall have one vote for each acre
or portion of an acre of land that he or she owns within the Community Facilities District. The
Landowner hereby acknowledges and agrees that if, as anticipated, said public hearings are
closed on the date hereof, said vote shall, pursuant to Section 53326(b) of the Act, be by the
landowners of the Community Facilities District.
4. Request. The Landowner hereby requests that the special election to be held under the
Act on the proposition to incur bonded indebtedness of the Community Facilities District, to levy
a special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District be conducted using mailed or hand-delivered ballots, that such
ballots be opened and canvassed at such election, and that the results of such election be certified
at the same meeting of the City Council as the public hearings on the establishment of the
Community Facilities District and the proposed issuance of bonded indebtedness of the
Community Facilities District, or as soon thereafter as possible.
5. Consent and Waiver. The Landowner hereby acknowledges and agrees that if the
special election to be held under the Act on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District is held on July 17, 2006,
said election would be held less than 90 days after the anticipated close of the July 17, 2006
public hearings on the establishment of the Community Facilities District and the proposed
issuance of bonded indebtedness of the Community Facilities District. The Landowner hereby
acknowledges and agrees that the qualified electors of the Community Facilities District are
entitled, pursuant to Section 53326 of the Act, with the concurrence of the election official for
said special election, to consent to the waiver of any time limit specified by Section 53326 of the
Act and any requirement pertaining to the conduct of said special election, including any time
limit or requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title
5 of the Act (commencing with Section 53345 of the Act). The Landowner hereby consents to
the waiver of, and hereby waives, any time limit specified by Section 53326 of the Act and any
OHS \l!(':'t.~6f\P.<ltJ71.11JS WEST'')6onSlh71 ')
2
requirement pertammg to the conduct of said special election, including any time limit or
requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title 5 of the
Act (commencing with Section 53345 of the Act), including, but not limited to, all notices with
respect thereto (published, mailed or otherwise to be given), any voter qualification
requirements, any time limitations, any requirements as to form or content of election materials,
all publication requirements, all pre-election, election or voting procedures (other than the right
to vote) and all canvass, recount and tie vote procedures. The Landowner hereby consents to the
holding of said special election on July 17,2006.
The Landowner hereby acknowledges and agrees that the landowners of the Community
Facilities District are entitled (a) pursuant to Section 53327(b) of the Act, to consent to the
waiver of any impartial analysis, arguments or rebuttals, with respect to the special election on
the proposition to incur bonded indebtedness of the Community Facilities District, to levy a
special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District, and (b) pursuant to Section 53326 of the Act, with the
concurrence of the election official for said special election, to consent to the waiver of any
requirement pertaining to the conduct of said special election. The Landowner hereby
acknowledges and agrees that said special election is to be held without the preparation of an
impartial analysis and arguments and rebuttals, if any, as permitted by Section 53327(b) of the
Act. The Landowner hereby consents to the waiver of, and hereby waives, the requirement in
Section 53327(a) that there be prepared and included in the ballot material provided to each voter
an impartial analysis pursuant to Section 9160,9280 or 9500 of the California Elections Code,
and arguments and rebuttals, if any, pursuant to Sections 9162 to 9167, inclusive, and Section
9190 of the California Elections Code or pursuant to Sections 9281 to 9287, inclusive, and
Section 9295 of the California Elections Code, or pursuant to Sections 9501 to 9507, inclusive,
of the California Elections Code, or pursuant to other provisions of law applicable to other
special districts as appropriate.
The Landowner hereby represents that it has obtained such information with respect to
the consents and waivers contained herein as it has deemed necessary or appropriate. The
Landowner hereby confirms and represents that it is fully informed with respect to such consents
and waivers and fully understands the consequences thereof.
The Landowner hereby waives any and all defects in notice or procedure in any
proceedings to establish the Community Facilities District, to levy special taxes in the
Community Facilities District and to authorize special tax bonds for the Community Facilities
District, or in the conduct of the election, whether known or unknown (other than, in the case of
the election, the right to have ballots accurately counted), and the Landowner hereby represents
that the election is being expedited pursuant to this Consent and Waiver, at the particular request
of the Landowner. The Landowner further waives its right to make any protest or complaint or
to undertake any legal action challenging the validity of the election.
6. Authorized Representative. The undersigned John Baayoun, Vice President of
Lennar Homes of California, Inc., has been duly authorized by the Landowner and possesses all
authority necessary to execute this Consent and Waiver on behalf of the Landowner in
connection with the election to be held by the City Council of the City under the Act on the
proposition to incur bonded indebtedness of the Community Facilities District, to levy a special
OH~: H:~,'l:261\1\'::lt 71.IlJS WEST2600:<=ilh71 2
3
tax in the Community Facilities District and to establish an appropnatlOns limit for the
Community Facilities District, and is the authorized representative of the Landowner authorized
to execute ballots on behalf of the Landowner and to vote in the election referred to herein. The
signature set forth opposite the name of such authorized representative is the genuine signature
of such person:
Name
Signature
John Baayoun, Vice President
7. Mailing Address. The address of the Landowner for receiving notices and ballots is:
Lennar - Land Division, Project Management, 25 Enterprise, Suite 500, Aliso Viejo, CA 92656,
Attn: Marsha Santry.
This Consent and Waiver is dated as of July 17,2006.
TUSTIN VILLAS PARTNERS, LLC,
A Delaware limited liability company
By: Lennar Homes of California, Inc.,
A California corporation
Its: Managing member
By:
Name: John Baayoun
Title: Vice President
OHS \\'l'.'l:2&(U)~11171.1IJS WF:ST26005167] 2
4
EXHIBIT A
DESCRIPTION OF PROPERTY
That certain real property situated in the County of Orange, State of California, described
as follows:
LOTS 265 OF TRACT NO. 16581, IN THE CITY OF TUSTIN, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN
BOOK 877 PAGES 33 THROUGH 50 INCLUSIVE, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY.
and
LETTERED LOTS S. T AND Y. OF TRACT NO. 16581. IN THE CITY OF TUSTIN.
COUNTY OF ORANGE. STATE OF CALIFORNIA. AS SHOWN ON THE MAP
RECORDED IN BOOK 877 PAGES 33 THROUGH 50 INCLUSIVE. IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY.
OHS url!~,t:"1hO{).?If.1'lI,llJS WEST"hOO:'i]h71 2
A-I
EXHIBIT B
FACILITIES AND SERVICES TO BE FINANCED
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.
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.
OilS \\ll,-,(..~(i(~(\~1671 lllS WFST260OS1671 2
B-1
CONSENT AND WAIVER
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
City Council
City of Tustin
300 Centennial Way
Tustin, California 92680
Members of the City Council:
This is a consent and 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; Property. This Consent and Waiver is submitted by William Lyon
Homes, Inc. ("Landowner"), as the legal owner of approximately ___36.7 acres of land
described in Exhibit A attached hereto and made a part hereof (the "Property"). Pursuant to a
petition of the Landowner, the City Council (the "City Council") of the City of Tustin (the
"City") has commenced proceedings under the Act to establish a community facilities district
proposed to be named City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages) (the "Community Facilities District"). All of the Property is within
the boundaries of the Community Facilities District.
2. Proceedings. The Landowner hereby acknowledges and agrees that the City Council
has, pursuant to a petition of the Landowner, commenced proceedings pursuant to the Act to
establish the Community Facilities District, to levy a special tax in the Community Facilities
District to finance certain public facilities and services and to authorize special tax bonds for the
Community Facilities District in an amount not to exceed $65,000,000. The public facilities
proposed to be financed by the Community Facilities District pursuant to the Act are described
under the caption "Facilities" on Exhibit B attached hereto and the services proposed to be
financed by the Community Facilities District pursuant to the Act are described under the caption
"Services" on Exhibit B attached hereto. The City Council has fixed 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 where the City Council will conduct public hearings on the
establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District. The Landowner hereby acknowledges and agrees that notices of
the hearings were published by the City Clerk on July 6, 2006 in The Orange County Register, a
newspaper of general circulation published in the area of the Community Facilities District. The
Landowner hereby acknowledges and agrees that it had actual notice of the public hearings, that
notice of such hearings has been given in accordance with the Act, that it waives any and all
OH~, H'u:2!i()II5167].]lJS WEST 260051671 2
defects (if any) in such notice, and that it waives any rights it may have to make any protest or
complaint or to undertake any legal action challenging the adequacy of such notice.
3. Ownership of Property; No Registered Voters; Landowner Election. The
Landowner represents and warrants to the City that it is the legal owner of the fee interest in all
of the Property and that no other person or entity is the legal owner of all or any portion of the
fee interest in any of such Property. To the best of the Landowner's knowledge, there are no
registered voters residing within the boundaries of the Property and there have been none during
the 90-day period preceding the date of this Consent and Waiver.
The Landowner hereby acknowledges and agrees that, pursuant to Section 53326(b) of
the Act, if fewer than 12 persons have been registered to vote within the territory of the
Community Facilities District for each of the 90 days preceding the close of the public hearings
on the establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District, the vote on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District shall be by the landowners
of the Community Facilities District and each landowner who is the owner of record at the close
of said public hearings, or the authorized representative thereof, shall have one vote for each acre
or portion of an acre of land that he or she owns within the Community Facilities District. The
Landowner hereby acknowledges and agrees that if, as anticipated, said public hearings are
closed on the date hereof, said vote shall, pursuant to Section 53326(b) of the Act, be by the
landowners of the Community Facilities District.
4. Request. The Landowner hereby requests that the special election to be held under the
Act on the proposition to incur bonded indebtedness of the Community Facilities District, to levy
a special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District be conducted using mailed or hand-delivered ballots, that such
ballots be opened and canvassed at such election, and that the results of such election be certified
at the same meeting of the City Council as the public hearings on the establishment of the
Community Facilities District and the proposed issuance of bonded indebtedness of the
Community Facilities District, or as soon thereafter as possible.
5. Consent and Waiver. The Landowner hereby acknowledges and agrees that if the
special election to be held under the Act on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District is held on July 17, 2006,
said election would be held less than 90 days after the anticipated close of the July 17, 2006
public hearings on the establishment of the Community Facilities District and the proposed
issuance of bonded indebtedness of the Community Facilities District. The Landowner hereby
acknowledges and agrees that the qualified electors of the Community Facilities District are
entitled, pursuant to Section 53326 of the Act, with the concurrence of the election official for
said special election, to consent to the waiver of any time limit specified by Section 53326 of the
Act and any requirement pertaining to the conduct of said special election, including any time
limit or requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title
5 of the Act (commencing with Section 53345 of the Act). The Landowner hereby consents to
the waiver of, and hereby waives, any time limit specified by Section 53326 of the Act and any
OMS U\"..t:2(0H5I~:1.IlJS WEST7f,OOSlh71 2
2
requirement pertammg to the conduct of said special election, including any time limit or
requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title 5 ofthe
Act (commencing with Section 53345 of the Act), including, but not limited to, all notices with
respect thereto (published, mailed or otherwise to be given), any voter qualification
requirements, any time limitations, any requirements as to form or content of election materials,
all publication requirements, all pre-election, election or voting procedures (other than the right
to vote) and all canvass, recount and tie vote procedures. The Landowner hereby consents to the
holding of said special election on July 17, 2006.
The Landowner hereby acknowledges and agrees that the landowners of the Community
Facilities District are entitled (a) pursuant to Section 53327(b) of the Act, to consent to the
waiver of any impartial analysis, arguments or rebuttals, with respect to the special election on
the proposition to incur bonded indebtedness of the Community Facilities District, to levy a
special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District, and (b) pursuant to Section 53326 of the Act, with the
concurrence of the election official for said special election, to consent to the waiver of any
requirement pertaining to the conduct of said special election. The Landowner hereby
acknowledges and agrees that said special election is to be held without the preparation of an
impartial analysis and arguments and rebuttals, if any, as permitted by Section 53327(b) of the
Act. The Landowner hereby consents to the waiver of, and hereby waives, the requirement in
Section 53327(a) that there be prepared and included in the ballot material provided to each voter
an impartial analysis pursuant to Section 9160, 9280 or 9500 of the California Elections Code,
and arguments and rebuttals, if any, pursuant to Sections 9162 to 9167, inclusive, and Section
9190 of the California Elections Code or pursuant to Sections 9281 to 9287, inclusive, and
Section 9295 of the California Elections Code, or pursuant to Sections 9501 to 9507, inclusive,
of the California Elections Code, or pursuant to other provisions of law applicable to other
special districts as appropriate.
The Landowner hereby represents that it has obtained such information with respect to
the consents and waivers contained herein as it has deemed necessary or appropriate. The
Landowner hereby confirms and represents that it is fully informed with respect to such consents
and waivers and fully understands the consequences thereof.
The Landowner hereby waives any and all defects in notice or procedure in any
proceedings to establish the Community Facilities District, to levy special taxes in the
Community Facilities District and to authorize special tax bonds for the Community Facilities
District, or in the conduct of the election, whether known or unknown (other than, in the case of
the election, the right to have ballots accurately counted), and the Landowner hereby represents
that the election is being expedited pursuant to this Consent and Waiver, at the particular request
of the Landowner. The Landowner further waives its right to make any protest or complaint or
to undertake any legal action challenging the validity of the election.
6. Authorized Representative. The undersigned Richard S. Robinson, Senior Vice
President, and Matthew R. Zaist, Assistant Secretary of the Landowner, have been duly
authorized by the Landowner and possess all authority necessary to execute this Consent and
Waiver on behalf of the Landowner in connection with the election to be held by the City
Council of the City under the Act on the proposition to incur bonded indebtedness of the
('1-1>1 H'~"1:2~gr151~:I.IUS WFST261l05]671 2
3
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District, and are the authorized
representatives of the Landowner authorized to execute ballots on behalf of the Landowner and
to vote in the election referred to herein. The signature set forth opposite the name of each such
authorized representative is the genuine signature of such person:
Name
Signature
Richard S. Robinson, Senior Vice President
Matthew R. Zaist, Assistant Secretary
7. Mailing Address. The address of the Landowner for receiving notices and ballots is:
William Lyon Homes, 4490 Von Karman Avenue, Newport Beach, CA 92660, Attn: Matt
Zaist.
This Consent and Waiver is dated as of July 17,2006.
WILLIAM LYON HOMES, INC.,
A California corporation
By:
Name:
Its:
Richard S. Robinson
Senior Vice President
By:
Name:
Its:
Matthew R. Zaist
Assistant Secretary
OH~: \\Il~'(:2lJ{"\:11)71_1IJS WF:ST26005t671 2
4
EXHIBIT A
DESCRIPTION OF PROPERTY
That certain real property situated in the County of Orange, State of California, described
as follows:
LOTS 8 THROUGH 86 INCLUSIVE, 212 THROUGH 215 INCLUSIVE, 266
THROUGH 292 INCLUSIVE AND 366 THROUGH 383 OF TRACT NO. 16581, IN
THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON THE MAP RECORDED IN BOOK 877 PAGES 33 THROUGH 50
INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY.
and
LETTERED LOTS EC THROUGH EG INCLUSIVE AND IA THROUGH IL
INCLUSIVE. OF TRACT NO. 16581. IN THE CITY OF TUSTIN. COUNTY OF
ORANGE. STATE OF CALIFORNIA. AS SHOWN ON THE MAP RECORDED IN
BOOK 877 PAGES 33 THROUGH 50 INCLUSIVE. IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY.
and
LOTS 54 THROUGH 'sM6. 69 THROUGH 79 AND 238 THROUGH 243 INCLUSIVE,
OF TRACT NO. 16582, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 874 PAGES I
THROUGH 30 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY.
ow; HI ..t:~fln'15It)"'l.llJS WFST260051671 2
A-I
EXHIBIT B
FACILITIES AND SERVICES TO BE FINANCED
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.
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.
OHS \\r~..t:2(')1)~lb71.1lJS WEST 2600'i]h71 ')
B-1
CONSENT AND WAIVER
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
City Council
City of Tustin
300 Centennial Way
Tustin, California 92680
Members of the City Council:
This is a consent and 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; Property. This Consent and Waiver is submitted by ORA Astoria, LLC
("Landowner"), as the legal owner of approximately -l.!Ll acres of land described in
Exhibit A attached hereto and made a part hereof (the "Property"). Pursuant to a petition of the
Landowner, the City Council (the "City Council") of the City of Tustin (the "City") has
commenced proceedings under the Act to establish a community facilities district proposed to be
named City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus
Villages) (the "Community Facilities District"). All of the Property is within the boundaries of
the Community Facilities District.
2. Proceedings. The Landowner hereby acknowledges and agrees that the City Council
has, pursuant to a petition of the Landowner, commenced proceedings pursuant to the Act to
establish the Community Facilities District, to levy a special tax in the Community Facilities
District to finance certain public facilities and services and to authorize special tax bonds for the
Community Facilities District in an amount not to exceed $65,000,000. The public facilities
proposed to be financed by the Community Facilities District pursuant to the Act are described
under the caption "Facilities" on Exhibit B attached hereto and the services proposed to be
financed by the Community Facilities District pursuant to the Act are described under the caption
"Services" on Exhibit B attached hereto. The City Council has fixed 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 where the City Council will conduct public hearings on the
establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District. The Landowner hereby acknowledges and agrees that notices of
the hearings were published by the City Clerk on July 6, 2006 in The Orange County Register, a
newspaper of general circulation published in the area of the Community Facilities District. The
Landowner hereby acknowledges and agrees that it had actual notice of the public hearings, that
notice of such hearings has been given in accordance with the Act, that it waives any and all
OI-lS U.~:l:2()()05IH:I,IIJS WFST'Jh00516712
defects (if any) in such notice, and that it waives any rights it may have to make any protest or
complaint or to undertake any legal action challenging the adequacy of such notice.
3. Ownership of Property; No Registered Voters; Landowner Election. The
Landowner represents and warrants to the City that it is the legal owner of the fee interest in all
of the Property and that no other person or entity is the legal owner of all or any portion of the
fee interest in any of such Property. To the best of the Landowner's knowledge, there are no
registered voters residing within the boundaries of the Property and there have been none during
the 90-day period preceding the date of this Consent and Waiver.
The Landowner hereby acknowledges and agrees that, pursuant to Section 53326(b) of
the Act, if fewer than 12 persons have been registered to vote within the territory of the
Community Facilities District for each of the 90 days preceding the close of the public hearings
on the establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District, the vote on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District shall be by the landowners
of the Community Facilities District and each landowner who is the owner of record at the close
of said public hearings, or the authorized representative thereof, shall have one vote for each acre
or portion of an acre of land that he or she owns within the Community Facilities District. The
Landowner hereby acknowledges and agrees that if, as anticipated, said public hearings are
closed on the date hereof, said vote shall, pursuant to Section 53326(b) of the Act, be by the
landowners of the Community Facilities District.
4. Request. The Landowner hereby requests that the special election to be held under the
Act on the proposition to incur bonded indebtedness of the Community Facilities District, to levy
a special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District be conducted using mailed or hand-delivered ballots, that such
ballots be opened and canvassed at such election, and that the results of such election be certified
at the same meeting of the City Council as the public hearings on the establishment of the
Community Facilities District and the proposed issuance of bonded indebtedness of the
Community Facilities District, or as soon thereafter as possible.
5. Consent and Waiver. The Landowner hereby acknowledges and agrees that if the
special election to be held under the Act on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District is held on July 17, 2006,
said election would be held less than 90 days after the anticipated close of the July 17, 2006
public hearings on the establishment of the Community Facilities District and the proposed
issuance of bonded indebtedness of the Community Facilities District. The Landowner hereby
acknowledges and agrees that the qualified electors of the Community Facilities District are
entitled, pursuant to Section 53326 of the Act, with the concurrence of the election official for
said special election, to consent to the waiver of any time limit specified by Section 53326 of the
Act and any requirement pertaining to the conduct of said special election, including any time
limit or requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title
5 of the Act (commencing with Section 53345 of the Act). The Landowner hereby consents to
the waiver of, and hereby waives, any time limit specified by Section 53326 of the Act and any
om; Hll.'l:2f;O')~!(,:1 IllS WEST'2hOO<ilh71 '
2
requirement pertammg to the conduct of said special election, including any time limit or
requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title 5 of the
Act (commencing with Section 53345 of the Act), including, but not limited to, all notices with
respect thereto (published, mailed or otherwise to be given), any voter qualification
requirements, any time limitations, any requirements as to form or content of election materials,
all publication requirements, all pre-election, election or voting procedures (other than the right
to vote) and all canvass, recount and tie vote procedures. The Landowner hereby consents to the
holding of said special election on July 17, 2006.
The Landowner hereby acknowledges and agrees that the landowners of the Community
Facilities District are entitled (a) pursuant to Section 53327(b) of the Act, to consent to the
waiver of any impartial analysis, arguments or rebuttals, with respect to the special election on
the proposition to incur bonded indebtedness of the Community Facilities District, to levy a
special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District, and (b) pursuant to Section 53326 of the Act, with the
concurrence of the election official for said special election, to consent to the waiver of any
requirement pertaining to the conduct of said special election. The Landowner hereby
acknowledges and agrees that said special election is to be held without the preparation of an
impartial analysis and arguments and rebuttals, if any, as permitted by Section 53327(b) of the
Act. The Landowner hereby consents to the waiver of, and hereby waives, the requirement in
Section 53327(a) that there be prepared and included in the ballot material provided to each voter
an impartial analysis pursuant to Section 9160, 9280 or 9500 of the California Elections Code,
and arguments and rebuttals, if any, pursuant to Sections 9162 to 9167, inclusive, and Section
9190 of the California Elections Code or pursuant to Sections 9281 to 9287, inclusive, and
Section 9295 of the California Elections Code, or pursuant to Sections 9501 to 9507, inclusive,
of the California Elections Code, or pursuant to other provisions of law applicable to other
special districts as appropriate.
The Landowner hereby represents that it has obtained such information with respect to
the consents and waivers contained herein as it has deemed necessary or appropriate. The
Landowner hereby confirms and represents that it is fully informed with respect to such consents
and waivers and fully understands the consequences thereof.
The Landowner hereby waives any and all defects in notice or procedure in any
proceedings to establish the Community Facilities District, to levy special taxes in the
Community Facilities District and to authorize special tax bonds for the Community Facilities
District, or in the conduct of the election, whether known or unknown (other than, in the case of
the election, the right to have ballots accurately counted), and the Landowner hereby represents
that the election is being expedited pursuant to this Consent and Waiver, at the particular request
of the Landowner. The Landowner further waives its right to make any protest or complaint or
to undertake any legal action challenging the validity of the election.
6. Authorized Representative. The undersigned Robert N. Goodman, President of
Resmark Equity Partners, LLC, has been duly authorized by the Landowner and possesses all
authority necessary to execute this Consent and Waiver on behalf of the Landowner in
connection with the election to be held by the City Council of the City under the Act on the
proposition to incur bonded indebtedness of the Community Facilities District, to levy a special
OIW \\.'L,'!:2fl('O~II1:1.11JS WFST2fiOOSI671?
3
tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District, and is the authorized representative of the Landowner authorized
to execute ballots on behalf of the Landowner and to vote in the election referred to herein. The
signature set forth opposite the name of such authorized representative is the genuine signature
of such person:
Name
S i !mature
Robert N. Goodman, President
7. Mailing Address. The address of the Landowner for receiving notices and ballots is:
Resmark LLC, 10880 Wilshire Blvd., Suite 1420, Los Angeles, CA 90024, Altn: Mitch
Goodman.
This Consent and Waiver is dated as of July 17, 2006.
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
om: ":iC,..l:26r'O::I~:1.IIIS WF:ST2600'iln71'"
4
EXHIBIT A
DESCRIPTION OF PROPERTY
That certain real property situated in the County of Orange, State of California, described
as follows:
LOTS 103 THROUGH 136 INCLUSIVE, 181 THROUGH 211 INCLUSIVE, 216
THROUGH 241 INCLUSIVE, 246, 247, AND 248 OF TRACT NO. 16581, IN THE
CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON THE MAP RECORDED IN BOOK 877 PAGES 33 THROUGH 50 INCLUSIVE, IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.
OMS lI'~"I:'(){)f1516:1,IIJS WEST"2600516712
A-I
EXHIBIT B
FACILITIES AND SERVICES TO BE FINANCED
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.
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.
ows \\'1!.'1:2!l~)fI~I~"7I.IIJS WEST2600SI/171 2
B-1
CONSENT AND WAIVER
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
City Council
City of Tustin
300 Centennial Way
Tustin, California 92680
Members of the City Council:
This is a consent and 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; Property. This Consent and Waiver is submitted by MW Housing
Partners, III, L.P. ("Landowner"), as the legal owner of approximately 12.Q acres of land
described in Exhibit A attached hereto and made a part hereof (the "Property"). Pursuant to a
petition of the Landowner, the City Council (the "City Council") of the City of Tustin (the
"City") has commenced proceedings under the Act to establish a community facilities district
proposed to be named City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages) (the "Community Facilities District"). All of the Property is within
the boundaries of the Community Facilities District.
2. Proceedings. The Landowner hereby acknowledges and agrees that the City Council
has, pursuant to a petition of the Landowner, commenced proceedings pursuant to the Act to
establish the Community Facilities District, to levy a special tax in the Community Facilities
District to finance certain public facilities and services and to authorize special tax bonds for the
Community Facilities District in an amount not to exceed $65,000,000. The public facilities
proposed to be financed by the Community Facilities District pursuant to the Act are described
under the caption "Facilities" on Exhibit B attached hereto and the services proposed to be
financed by the Community Facilities District pursuant to the Act are described under the caption
"Services" on Exhibit B attached hereto. The City Council has fixed 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 where the City Council will conduct public hearings on the
establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District. The Landowner hereby acknowledges and agrees that notices of
the hearings were published by the City Clerk on July 6, 2006 in The Orange County Register, a
newspaper of general circulation published in the area of the Community Facilities District. The
Landowner hereby acknowledges and agrees that it had actual notice of the public hearings, that
notice of such hearings has been given in accordance with the Act, that it waives any and all
OMS H'"..t:2t(\Il?IA~lJS WFST2hOOSlh71 2
defects (if any) in such notice, and that it waives any rights it may have to make any protest or
complaint or to undertake any legal action challenging the adequacy of such notice.
3. Ownership of Property; No Registered Voters; Landowner Election. The
Landowner represents and warrants to the City that it is the legal owner of the fee interest in all
of the Property and that no other person or entity is the legal owner of all or any portion of the
fee interest in any of such Property. To the best of the Landowner's knowledge, there are no
registered voters residing within the boundaries of the Property and there have been none during
the 90-day period preceding the date of this Consent and Waiver.
The Landowner hereby acknowledges and agrees that, pursuant to Section 53326(b) of
the Act, if fewer than 12 persons have been registered to vote within the territory of the
Community Facilities District for each of the 90 days preceding the close of the public hearings
on the establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District, the vote on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District shall be by the landowners
of the Community Facilities District and each landowner who is the owner of record at the close
of said public hearings, or the authorized representative thereof, shall have one vote for each acre
or portion of an acre of land that he or she owns within the Community Facilities District. The
Landowner hereby acknowledges and agrees that if, as anticipated, said public hearings are
closed on the date hereof, said vote shall, pursuant to Section 53326(b) of the Act, be by the
landowners of the Community Facilities District.
4. Request. The Landowner hereby requests that the special election to be held under the
Act on the proposition to incur bonded indebtedness of the Community Facilities District, to levy
a special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District be conducted using mailed or hand-delivered ballots, that such
ballots be opened and canvassed at such election, and that the results of such election be certified
at the same meeting of the City Council as the public hearings on the establishment of the
Community Facilities District and the proposed issuance of bonded indebtedness of the
Community Facilities District, or as soon thereafter as possible.
5. Consent and Waiver. The Landowner hereby acknowledges and agrees that if the
special election to be held under the Act on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District is held on July 17, 2006,
said election would be held less than 90 days after the anticipated close of the July 17, 2006
public hearings on the establishment of the Community Facilities District and the proposed
issuance of bonded indebtedness of the Community Facilities District. The Landowner hereby
acknowledges and agrees that the qualified electors of the Community Facilities District are
entitled, pursuant to Section 53326 of the Act, with the concurrence of the election official for
said special election, to consent to the waiver of any time limit specified by Section 53326 of the
Act and any requirement pertaining to the conduct of said special election, including any time
limit or requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title
5 of the Act (commencing with Section 53345 of the Act). The Landowner hereby consents to
the waiver of, and hereby waives, any time limit specified by Section 53326 of the Act and any
OM~ H.l<.t:2"M)~lt)7l.!1JS WFST260()')1671 2
2
requirement pertaining to the conduct of said special election, including any time limit or
requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title 5 of the
Act (commencing with Section 53345 of the Act), including, but not limited to, all notices with
respect thereto (published, mailed or otherwise to be given), any voter qualification
requirements, any time limitations, any requirements as to form or content of election materials,
all publication requirements, all pre-election, election or voting procedures (other than the right
to vote) and all canvass, recount and tie vote procedures. The Landowner hereby consents to the
holding of said special election on July 17, 2006.
The Landowner hereby acknowledges and agrees that the landowners of the Community
Facilities District are entitled (a) pursuant to Section 53327(b) of the Act, to consent to the
waiver of any impartial analysis, arguments or rebuttals, with respect to the special election on
the proposition to incur bonded indebtedness of the Community Facilities District, to levy a
special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District, and (b) pursuant to Section 53326 of the Act, with the
concurrence of the election official for said special election, to consent to the waiver of any
requirement pertaining to the conduct of said special election. The Landowner hereby
acknowledges and agrees that said special election is to be held without the preparation of an
impartial analysis and arguments and rebuttals, if any, as permitted by Section 53327(b) of the
Act. The Landowner hereby consents to the waiver of, and hereby waives, the requirement in
Section 53327(a) that there be prepared and included in the ballot material provided to each voter
an impartial analysis pursuant to Section 9160, 9280 or 9500 of the California Elections Code,
and arguments and rebuttals, if any, pursuant to Sections 9162 to 9167, inclusive, and Section
9190 of the California Elections Code or pursuant to Sections 9281 to 9287, inclusive, and
Section 9295 of the California Elections Code, or pursuant to Sections 9501 to 9507, inclusive,
of the California Elections Code, or pursuant to other provisions of law applicable to other
special districts as appropriate.
The Landowner hereby represents that it has obtained such information with respect to
the consents and waivers contained herein as it has deemed necessary or appropriate. The
Landowner hereby confirms and represents that it is fully informed with respect to such consents
and waivers and fully understands the consequences thereof.
The Landowner hereby waives any and all defects in notice or procedure in any
proceedings to establish the Community Facilities District, to levy special taxes in the
Community Facilities District and to authorize special tax bonds for the Community Facilities
District, or in the conduct of the election, whether known or unknown (other than, in the case of
the election, the right to have ballots accurately counted), and the Landowner hereby represents
that the election is being expedited pursuant to this Consent and Waiver, at the particular request
of the Landowner. The Landowner further waives its right to make any protest or complaint or
to undertake any legal action challenging the validity of the election.
6. Authorized Representative. The undersigned David Brentlinger, Senior Vice
President, and Ann M. Richards, Assistant Vice President of Weyerhaeuser Realty Investors,
Inc., have been duly authorized by the Landowner and possess all authority necessary to execute
this Consent and Waiver on behalf of the Landowner in connection with the election to be held
by the City Council ofthe City under the Act on the proposition to incur bonded indebtedness of
OHS H'l!l:2tl'''::;1671.IlJS WFST2110051671 2
3
the Community Facilities District, to levy a special tax in the Community Facilities District and
to establish an appropriations limit for the Community Facilities District, and are the authorized
representatives of the Landowner authorized to execute ballots on behalf of the Landowner and
to vote in the election referred to herein. The signature set forth opposite the name of each such
authorized representative is the genuine signature of such person:
Name
Signature
David Brentlinger, Senior Vice President
Ann M. Richards, Assistant Vice President
7. Mailing Address. The address of the Landowner for receiving notices and ballots is:
Weyerhauser Realty, 1301 Fifth Avenue, Suite 3100, Seattle, WA 98101, Attn: David
Brentlinger.
This Consent and Waiver is dated as of July 17, 2006.
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: WRI CP Investments III, LLC,
A Washington limited liability company
Its: Co-Manager
By: Weyerhaeuser Realty Investors, Inc.,
A Washington corporation
Its: Manager
By:
Name: David Brentlinger
Its: Senior Vice President
By:
Name: Ann M. Richards
Its: Assistant Vice President
OHS H':~t:2~"P~1(.;j'7I.llJS WFST2600S16712
4
EXHIBIT A
DESCRIPTION OF PROPERTY
That certain real property situated in the County of Orange, State of California, described
as follows:
LOTS I THROUGH 7 INCLUSIVE, 87 THROUGH 94 INCLUSIVE, 98 THROUGH
102 INCLUSIVE, 137 THROUGH 160 INCLUSIVE, 164 THROUGH +Will
INCLUSIVE, 249 THROUGH 262 INCLUSIVE, 295, 299 THROUGH 306
INCLUSIVE, 310 THROUGH 314 INCLUSIVE. 317 THROUGH 324 INCLUSIVE.
328 THROUGH 330 INCLUSIVE, 334 THROUGH 340 INCLUSIVE, 343 THROUGH
345 INCLUSIVE, M+,347 AND 356 THROUGH 360 INCLUSIVE ."'ND 362
THROUGH 3€l1 INCLUSIVE, OF TRACT NO. 16581, IN THE CITY OF TUSTIN,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP
RECORDED IN BOOK 877 PAGES 33 THROUGH 50 INCLUSIVE, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY.
and
UNITS 106 THROUGH 114 INCLUSIVE. AS SHOWN AND DESCRIBED ON THAT
CERTAIN CONDOMINIUM PLAN RECORDED MAY 22.2006. AS INSTRUMENT
NO. 2006000343410. IN OFFICIAL RECORDS OF ORANGE COUNTY.
CALIFORNIA ("CONDOMINIUM PLAN"). AFFECTING A PORTION OF LOT 315
AND ALL OF LOTS 316 AND 325 OF TRACT NO. 16581. AS SHOWN ON THE
MAP RECORDED IN BOOK 877 PAGES 33 THROUGH 50 INCLUSIVE OF
MISCELLANEOUS MAPS. RECORDS OF ORANGE COUNTY. CALIFORNIA.
TOGETHER WITH AN UNDIVIDED 9/9THS INTEREST IN AND TO THE
COMMON AREA. AS SHOWN AND DESCRIBED IN SAID CONDOMINIUM
PLAN.
and
LETTERED LOTS AD THROUGH AL INCLUSIVE. BC. GA THROUGH GH
INCLUSIVE AND HA THROUGH HO INCLUSIVE OF TRACT NO. 16581. IN THE
CITY OF TUSTIN. COUNTY OF ORANGE. STATE OF CALIFORNIA. AS SHOWN
ON THE MAP RECORDED IN BOOK 877 PAGES 33 THROUGH 50 INCLUSIVE. IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.
and
LOTS ;1425. THROUGH 35, 80 THROUGH 130, 13198. 110 THROUGH +41-;130. 134.
~ 147,148,160 THROUGH 172 INCLUSIVE. 180 THROUGH 194 INCLUSIVE.
197 THROUGH 210 INCLUSIVE, 231 THROUGH 236 INCLUSIVE AND 244
THROUGH 286 INCLUSIVE, OF TRACT NO. 16582, IN THE CITY OF TUSTIN,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP
OHS U.l:'..t:2t{H'~I(J:l,IIJS WF:ST.2600<:;lh71 2
A-I
RECORDED IN BOOK 874 PAGES 1 THROUGH 30 INCLUSIVE, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY.
eFlS H'l!lt:2()\,n~I('1.1IJS WFST2h0051671 2
A-2
EXHIBIT B
FACILITIES AND SERVICES TO BE FINANCED
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.
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.
om: \\'I!:t:2W'/,<:16'"'1 IUS WFST2hOOSI671 2
B-1
CONSENT AND WAIVER
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
City Council
City of Tustin
300 Centennial Way
Tustin, California 92680
Members ofthe City Council:
This is a consent and 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; Property. This Consent and Waiver is submitted by Lennar Homes of
California, Inc. ("Landowner"), as the legal owner of approximately -.a..2 acres of land
described in Exhibit A attached hereto and made a part hereof (the "Property"). Pursuant to a
petition of the Landowner, the City Council (the "City Council") of the City of Tustin (the
"City") has commenced proceedings under the Act to establish a community facilities district
proposed to be named City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages) (the "Community Facilities District"). All of the Property is within
the boundaries of the Community Facilities District.
2. Proceedings. The Landowner hereby acknowledges and agrees that the City Council
has, pursuant to a petition of the Landowner, commenced proceedings pursuant to the Act to
establish the Community Facilities District, to levy a special tax in the Community Facilities
District to finance certain public facilities and services and to authorize special tax bonds for the
Community Facilities District in an amount not to exceed $65,000,000. The public facilities
proposed to be financed by the Community Facilities District pursuant to the Act are described
under the caption "Facilities" on Exhibit B attached hereto and the services proposed to be
financed by the Community Facilities District pursuant to the Act are described under the caption
"Services" on Exhibit B attached hereto. The City Council has fixed 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 where the City Council will conduct public hearings on the
establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District. The Landowner hereby acknowledges and agrees that notices of
the hearings were published by the City Clerk on July 6, 2006 in The Orange County Register, a'
newspaper of general circulation published in the area of the Community Facilities District. The
Landowner hereby acknowledges and agrees that it had actual notice of the public hearings, that
notice of such hearings has been given in accordance with the Act, that it waives any and all
OMS H'~..t:26f'I\::I!1:1.1IJS WEST260051671 2
defects (if any) in such notice, and that it waives any rights it may have to make any protest or
complaint or to undertake any legal action challenging the adequacy of such notice.
3. Ownership of Property; No Registered Voters; Landowner Election. The
Landowner represents and warrants to the City that it is the legal owner of the fee interest in all
of the Property and that no other person or entity is the legal owner of all or any portion of the
fee interest in any of such Property. To the best of the Landowner's knowledge, there are no
registered voters residing within the boundaries of the Property and there have been none during
the 90-day period preceding the date of this Consent and Waiver.
The Landowner hereby acknowledges and agrees that, pursuant to Section 53326(b) of
the Act, if fewer than 12 persons have been registered to vote within the territory of the
Community Facilities District for each of the 90 days preceding the close of the public hearings
on the establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District, the vote on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District shall be by the landowners
of the Community Facilities District and each landowner who is the owner of record at the close
of said public hearings, or the authorized representative thereof, shall have one vote for each acre
or portion of an acre of land that he or she owns within the Community Facilities District. The
Landowner hereby acknowledges and agrees that if, as anticipated, said public hearings are
closed on the date hereof, said vote shall, pursuant to Section 53326(b) of the Act, be by the
landowners of the Community Facilities District.
4. Request. The Landowner hereby requests that the special election to be held under the
Act on the proposition to incur bonded indebtedness of the Community Facilities District, to levy
a special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District be conducted using mailed or hand-delivered ballots, that such
ballots be opened and canvassed at such election, and that the results of such election be certified
at the same meeting of the City Council as the public hearings on the establishment of the
Community Facilities District and the proposed issuance of bonded indebtedness of the
Community Facilities District, or as soon thereafter as possible.
5. Consent and Waiver. The Landowner hereby acknowledges and agrees that if the
special election to be held under the Act on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District is held on July 17, 2006,
said election would be held less than 90 days after the anticipated close of the July 17, 2006
public hearings on the establishment of the Community Facilities District and the proposed
issuance of bonded indebtedness of the Community Facilities District. The Landowner hereby
acknowledges and agrees that the qualified electors of the Community Facilities District are
entitled, pursuant to Section 53326 of the Act, with the concurrence of the election official for
said special election, to consent to the waiver of any time limit specified by Section 53326 of the
Act and any requirement pertaining to the conduct of said special election, including any time
limit or requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title
5 of the Act (commencing with Section 53345 of the Act). The Landowner hereby consents to
the waiver of, and hereby waives, any time limit specified by Section 53326 of the Act and any
OilS \H!::,,(:1fJ("'?16:1.IIJS WFST260051671 2
2
requirement pertallllllg to the conduct of said special election, including any time limit or
requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title 5 of the
Act (commencing with Section 53345 of the Act), including, but not limited to, all notices with
respect thereto (published, mailed or otherwise to be given), any voter qualification
requirements, any time limitations, any requirements as to form or content of election materials,
all publication requirements, all pre-election, election or voting procedures (other than the right
to vote) and all canvass, recount and tie vote procedures. The Landowner hereby consents to the
holding of said special election on July 17, 2006.
The Landowner hereby acknowledges and agrees that the landowners of the Community
Facilities District are entitled (a) pursuant to Section 53327(b) of the Act, to consent to the
waiver of any impartial analysis, arguments or rebuttals, with respect to the special election on
the proposition to incur bonded indebtedness of the Community Facilities District, to levy a
special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District, and (b) pursuant to Section 53326 of the Act, with the
concurrence of the election official for said special election, to consent to the waiver of any
requirement pertaining to the conduct of said special election. The Landowner hereby
acknowledges and agrees that said special election is to be held without the preparation of an
impartial analysis and arguments and rebuttals, if any, as permitted by Section 53327(b) of the
Act. The Landowner hereby consents to the waiver of, and hereby waives, the requirement in
Section 53327(a) that there be prepared and included in the ballot material provided to each voter
an impartial analysis pursuant to Section 9160, 9280 or 9500 of the California Elections Code,
and arguments and rebuttals, if any, pursuant to Sections 9162 to 9167, inclusive, and Section
9190 of the California Elections Code or pursuant to Sections 9281 to 9287, inclusive, and
Section 9295 of the California Elections Code, or pursuant to Sections 9501 to 9507, inclusive,
of the California Elections Code, or pursuant to other provisions of law applicable to other
special districts as appropriate.
The Landowner hereby represents that it has obtained such information with respect to
the consents and waivers contained herein as it has deemed necessary or appropriate. The
Landowner hereby confirms and represents that it is fully informed with respect to such consents
and waivers and fully understands the consequences thereof.
The Landowner hereby waives any and all defects III notice or procedure in any
proceedings to establish the Community Facilities District, to levy special taxes in the
Community Facilities District and to authorize special tax bonds for the Community Facilities
District, or in the conduct of the election, whether known or unknown (other than, in the case of
the election, the right to have ballots accurately counted), and the Landowner hereby represents
that the election is being expedited pursuant to this Consent and Waiver, at the particular request
of the Landowner. The Landowner further waives its right to make any protest or complaint or
to undertake any legal action challenging the validity of the election.
6. Authorized Representative. The undersigned John Baayoun, Vice President of the
Landowner, has been duly authorized by the Landowner and possesses all authority necessary to
execute this Consent and Waiver on behalf of the Landowner in connection with the election to
be held by the City Council of the City under the Act on the proposition to incur bonded
indebtedness of the Community Facilities District, to levy a special tax in the Community
ow;;; \\II:',':2h(\IO~lfJ71.1IJS WFST"2h0011h71 ')
3
Facilities District and to establish an appropriations limit for the Community Facilities District,
and is the authorized representative of the Landowner authorized to execute ballots on behalf of
the Landowner and to vote in the election referred to herein. The signature set forth opposite the
name of such authorized representative is the genuine signature of such person:
Name
Signature
John Baayoun, Vice President
7. Mailing Address. The address of the Landowner for receiving notices and ballots is:
Lennar - Land Division, Project Management, 25 Enterprise, Suite 500, Aliso Viejo, CA 92656,
Attn: Marsha Santry.
This Consent and Waiver is dated as of July 17,2006.
LENNAR HOMES OF CALIFORNIA, INC.,
a California corporation
By:
Name: John Baayoun
Title: Vice President
Ol-lS "'1!..l::;6(~n':;:16:1.11JS WEST2hOOSlh71 2
4
EXHIBIT A
DESCRIPTION OF PROPERTY
That certain real property situated in the County of Orange, State of California, described
as follows:
PARCEL I:
LOTS 95, 96, 97, 161, 162, 163, 176. In 178, 179, 180,294,296,297,298,307,
'w&308, 309, 362, 363 AND ~364 OF TRACT NO. 16581, IN THE CITY OF
TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE
MAP RECORDED IN BOOK 877 PAGES 33 THROUGH 50 INCLUSIVE. IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.
PARCEL 2:
UNIT 1. 2 AND 3. AS SHOWN AND DESCRIBED ON THAT CERTAIN
CONDOMINIUM PLAN RECORDED MAY 22. 2006. AS INSTRUMENT NO.
2006000343409. AND AMENDED BY A DOCUMENT ENTITLED "AMENDMENT
TO CONDOMINIUM PLAN FOR MERIWETHER IN COLUMBUS SOUARE
(MODEL PHASE-UNITS I TO 3 OF LOT 315. TRACT NO. 16581)" RECORDED
JlJNE 19. 2006 AS INSTRUMENT NO. 2006000409780. BOTH OF OFFICIAL
RECORDS OF ORANGE COUNTY. CALIFORNIA ("CONDOMINIUM PLAN"),
AFFECTING A PORTION OF LOT 315 OF TRACT NO. 16581. AS SHOWN ON THE
MAP RECORDED IN BOOK 877 PAGES 33 THROUGH 50 INCLUSIVE OF
MISCELLANEOUS MAPS. RECORDS OF ORANGE COUNTY. CALIFORNIA.
TOGETHER WITH AN UNDIVIDED 3/3RDS INTEREST IN AND TO THE
COMMON AREA. AS SHOWN AND DESCRIBED IN SAID CONDOMINIUM
PLAN.
PARCEL 3:
UNITS 4 THROUGH 15 INCLUSIVE. AS SHOWN AND DESCRIBED ON THAT
CERTAIN CONDOMINIUM PLAN RECORDED MAY 22. 2006. AS INSTRUMENT
NO. 2006000343408. IN OFFICIAL RECORDS OF ORANGE COUNTY.
CALIFORNIA ("CONDOMINIUM PLAN"), AFFECTING LOTS 326 AND 327 OF
TRACT NO. 16581. AS SHOWN ON THE MAP RECORDED IN BOOK 871. PAGES
33 THROUGH 50 INCLUSIVE OF MISCELLANEOUS MAPS. RECORDS OF
ORANGE COUNTY. CALIFORNIA. TOGETHER WITH AN UNDIVIDED 12/12THS
INTEREST IN AND TO THE COMMON AREA. AS SHOWN AND DESCRIBED IN
SAID CONDOMINIUM PLAN.
and
LOTS 99 THROUGH 109 INCLUSIVE. 131 THROUGH 133 INCLUSIVE, ~136
THROUGH 146 INCLUSIVE AND 149 THROUGH 159 INCLUSIVE, OF TRACT NO.
16582, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF
OMS u'...(:26('O~I€J71.11JS WFST2600'ilh71 2
A-I
CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 874 PAGES I
THROUGH 30 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY.
OHS Ul,!..!:2(fY'.<:IC"I.llJS WFST?60051671 2
A-2
EXHIBIT B
FACILITIES AND SERVICES TO BE FINANCED
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.
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.
OHS "'i<.:l:2tl'I\<:lll:l.1IJS WEST 26()OSlh71 2
B-1
CONSENT AND WAIVER
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
City Council
City of Tustin
300 Centennial Way
Tustin, California 92680
Members of the City Council:
This is a consent and 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:
I. Landowner; Property. This Consent and Waiver is submitted by KB Homes
Coastal, Inc. ("Landowner"), as the legal owner of approximately 4.1 acres of land
described in Exhibit A attached hereto and made a part hereof (the "Property"). Pursuant to a
petition of the Landowner, the City Council (the "City Council") of the City of Tustin (the
"City") has commenced proceedings under the Act to establish a community facilities district
proposed to be named City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages) (the "Community Facilities District"). All of the Property is within
the boundaries of the Community Facilities District.
2. Proceedings. The Landowner hereby acknowledges and agrees that the City Council
has, pursuant to a petition of the Landowner, commenced proceedings pursuant to the Act to
establish the Community Facilities District, to levy a special tax in the Community Facilities
District to finance certain public facilities and services and to authorize special tax bonds for the
Community Facilities District in an amount not to exceed $65,000,000. The public facilities
proposed to be financed by the Community Facilities District pursuant to the Act are described
under the caption "Facilities" on Exhibit B attached hereto and the services proposed to be
financed by the Community Facilities District pursuant to the Act are described under the caption
"Services" on Exhibit B attached hereto. The City Council has fixed 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 where the City Council will conduct public hearings on the
establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District. The Landowner hereby acknowledges and agrees that notices of
the hearings were published by the City Clerk on July 6, 2006 in The Orange County Register, a
newspaper of general circulation published in the area of the Community Facilities District. The
Landowner hereby acknowledges and agrees that it had actual notice of the public hearings, that
notice of such hearings has been given in accordance with the Act, that it waives any and all
0W~ \\'I!.t:2!:lf'~)~lh?1,I{jS WFST260051671 2
defects (if any) in such notice, and that it waives any rights it may have to make any protest or
complaint or to undertake any legal action challenging the adequacy of such notice.
3. Ownership of Property; No Registered Voters; Landowner Election. The
Landowner represents and warrants to the City that it is the legal owner of the fee interest in all
of the Property and that no other person or entity is the legal owner of all or any portion of the
fee interest in any of such Property. To the best of the Landowner's knowledge, there are no
registered voters residing within the boundaries of the Property and there have been none during
the 90-day period preceding the date of this Consent and Waiver.
The Landowner hereby acknowledges and agrees that, pursuant to Section 53326(b) of
the Act, if fewer than 12 persons have been registered to vote within the territory of the
Community Facilities District for each of the 90 days preceding the close of the public hearings
on the establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District, the vote on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District shall be by the landowners
of the Community Facilities District and each landowner who is the owner of record at the close
of said public hearings, or the authorized representative thereof, shall have one vote for each acre
or portion of an acre of land that he or she owns within the Community Facilities District. The
Landowner hereby acknowledges and agrees that if, as anticipated, said public hearings are
closed on the date hereof, said vote shall, pursuant to Section 53326(b) of the Act, be by the
landowners of the Community Facilities District.
4. Request. The Landowner hereby requests that the special election to be held under the
Act on the proposition to incur bonded indebtedness of the Community Facilities District, to levy
a special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District be conducted using mailed or hand-delivered ballots, that such
ballots be opened and canvassed at such election, and that the results of such election be certified
at the same meeting of the City Council as the public hearings on the establishment of the
Community Facilities District and the proposed issuance of bonded indebtedness of the
Community Facilities District, or as soon thereafter as possible.
5. Consent and Waiver. The Landowner hereby acknowledges and agrees that if the
special election to be held under the Act on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District is held on July 17, 2006,
said election would be held less than 90 days after the anticipated close of the July 17, 2006
public hearings on. the establishment of the Community Facilities District and the proposed
issuance of bonded indebtedness of the Community Facilities District. The Landowner hereby
acknowledges and agrees that the qualified electors of the Community Facilities District are
entitled, pursuant to Section 53326 of the Act, with the concurrence of the election official for
said special election, to consent to the waiver of any time limit specified by Section 53326 of the
Act and any requirement pertaining to the conduct of said special election, including any time
limit or requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title
5 of the Act (commencing with Section 53345 of the Act). The Landowner hereby consents to
the waiver of, and hereby waives, any time limit specified by Section 53326 of the Act and any
OHS \\'i!:t:21l1J1l.'lh-I,llJS WF:ST'2600')lh71 2
2
requirement pertaining to the conduct of said special election, including any time limit or
requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title 5 of the
Act (commencing with Section 53345 of the Act), including, but not limited to, all notices with
respect thereto (published, mailed or otherwise to be given), any voter qualification
requirements, any time limitations, any requirements as to form or content of election materials,
all publication requirements, all pre-election, election or voting procedures (other than the right
to vote) and all canvass, recount and tie vote procedures. The Landowner hereby consents to the
holding of said special election on July 17,2006.
The Landowner hereby acknowledges and agrees that the landowners of the Community
Facilities District are entitled (a) pursuant to Section 53327(b) of the Act, to consent to the
waiver of any impartial analysis, arguments or rebuttals, with respect to the special election on
the proposition to incur bonded indebtedness of the Community Facilities District, to levy a
special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District, and (b) pursuant to Section 53326 of the Act, with the
concurrence of the election official for said special election, to consent to the waiver of any
requirement pertaining to the conduct of said special election. The Landowner hereby
acknowledges and agrees that said special election is to be held without the preparation of an
impartial analysis and arguments and rebuttals, if any, as permitted by Section 53327(b) of the
Act. The Landowner hereby consents to the waiver of, and hereby waives, the requirement in
Section 53327(a) that there be prepared and included in the ballot material provided to each voter
an impartial analysis pursuant to Section 9160, 9280 or 9500 of the California Elections Code,
and arguments and rebuttals, if any, pursuant to Sections 9162 to 9167, inclusive, and Section
9190 of the California Elections Code or pursuant to Sections 9281 to 9287, inclusive, and
Section 9295 of the California Elections Code, or pursuant to Sections 9501 to 9507, inclusive,
of the California Elections Code, or pursuant to other provisions of law applicable to other
special districts as appropriate.
The Landowner hereby represents that it has obtained such information with respect to
the consents and waivers contained herein as it has deemed necessary or appropriate. The
Landowner hereby confirms and represents that it is fully informed with respect to such consents
and waivers and fully understands the consequences thereof.
The Landowner hereby waives any and all defects in notice or procedure in any
proceedings to establish the Community Facilities District, to levy special taxes in the
Community Facilities District and to authorize special tax bonds for the Community Facilities
District, or in the conduct of the election, whether known or unknown (other than, in the case of
the election, the right to have ballots accurately counted), and the Landowner hereby represents
that the election is being expedited pursuant to this Consent and Waiver, at the particular request
of the Landowner. The Landowner further waives its right to make any protest or complaint or
to undertake any legal action challenging the validity ofthe election.
6. Authorized Representative. The undersigned Jay L. Moss, Regional General
Manager, and David L. Hendryx, Executive Vice President of the Landowner, have been duly
authorized by the Landowner and possess all authority necessary to execute this Consent and
Waiver on behalf of the Landowner in connection with the election to be held by the City
Council of the City under the Act on the proposition to incur bonded indebtedness of the
Oll~' \\rli:,-'t.::;~f''l~1!l71.11JS WEST 2600SIh71 2
3
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District, and are the authorized
representatives of the Landowner authorized to execute ballots on behalf of the Landowner and
to vote in the election referred to herein. The signature set forth opposite the name of each such
authorized representative is the genuine signature of such person:
Name
Signature
Jay L. Moss, Regional General Manager
David L. Hendryx, Executive Vice President
7. Mailing Address. The address of the Landowner for receiving notices and ballots is:
KB Homes, 3 Jenner, Suite 100, Irvine, CA 92618, Altn: Eric Scheck.
This Consent and Waiver is dated as of July 17,2006.
KB HOMES COASTAL, INC.,
a California corporation
By:
Name: Jay L. Moss
Title: Regional General Manager
By:
Name: David L. Hendryx
Title: Executive Vice President
C)WSH't,>:T2(;('P51€l71.lllS WEST2h0051h71 2
4
EXHIBIT A
DESCRIPTION OF PROPERTY
That certain real property situated in the County of Orange, State of California, described
as follows:
LOTS 24. 173 THROUGH 179 INCLUSIVE. 195. 196 AND 211 THROUGH 230
INCLUSIVE, OF TRACT NO. 16582, IN THE CITY OF TUSTIN, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN
BOOK 874 PAGES I THROUGH 30 INCLUSIVE, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY.
om' H'i!_'t:~fl\l).~1€171.1lJS WFST2hOO"ilh71 2
A-I
EXHIBIT B
FACILITIES AND SERVICES TO BE FINANCED
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.
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.
OI-lS "'1!:t:2H{)'1':::I(i71,llJS WEST-200n')]!)?1 2
B-1
CONSENT AND WAIVER
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
City Council
City of Tustin
300 Centennial Way
Tustin. California 92680
Members of the City Council:
This is a consent and waiver with respect to certain procedural matters under the Mello-
Roos Community Facilities Act of 1982 (the "Acf'), and the undersigned hereby states as
follows:
1. Landowner; Property. This Consent and Waiver is submitted by ORA Ciara, LLC
("Landowner"), as the legal owner of approximately -.8J) acres of land described in Exhibit
A attached hereto and made a part hereof (the "Property"). Pursuant to a petition of the
Landowner, the City Council (the "City Council") of the City of Tustin (the "City") has
commenced proceedings under the Act to establish a community facilities district proposed to be
named City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus
Villages) (the "Community Facilities District"). All of the Property is within the boundaries of
the Community Facilities District.
2. Proceedings. The Landowner hereby acknowledges and agrees that the City Council
has, pursuant to a petition of the Landowner, commenced proceedings pursuant to the Act to
establish the Community Facilities District, to levy a special tax in the Community Facilities
District to finance certain public facilities and services and to authorize special tax bonds for the
Community Facilities District in an amount not to exceed $65,000,000. The public facilities
proposed to be financed by the Community Facilities District pursuant to the Act are described
under the caption "Facilities" on Exhibit B attached hereto and the services proposed to be
financed by the Community Facilities District pursuant to the Act are described under the caption
"Services" on Exhibit B attached hereto. The City Council has fixed 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 where the City Council will conduct public hearings on the
establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District. The Landowner hereby acknowledges and agrees that notices of
the hearings were published by the City Clerk on July 6, 2006 in The Orange County Register, a
newspaper of general circulation published in the area of the Community Facilities District. The
Landowner hereby acknowledges and agrees that it had actual notice of the public hearings, that
notice of such hearings has been given in accordance with the Act, that it waives any and all
OWS nrl,'l:~hl\'I<:16'I.IIJS WFST2fl00516712
defects (if any) in such notice, and that it waives any rights it may have to make any protest or
complaint or to undertake any legal action chal1enging the adequacy of such notice.
3. Ownership of Property; No Registered Voters; Landowner Election. The
Landowner represents and warrants to the City that it is the legal owner of the fee interest in all
of the Property and that no other person or entity is the legal owner of al1 or any portion of the
fee interest in any of such Property. To the best of the Landowner's knowledge, there are no
registered voters residing within the boundaries of the Property and there have been none during
the 90-day period preceding the date of this Consent and Waiver.
The Landowner hereby acknowledges and agrees that, pursuant to Section 53326(b) of
the Act, if fewer than 12 persons have been registered to vote within the territory of the
Community Facilities District for each of the 90 days preceding the close of the public hearings
on the establishment of the Community Facilities District and the proposed debt issue of the
Community Facilities District, the vote on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District shall be by the landowners
of the Community Facilities District and each landowner who is the owner of record at the close
of said public hearings, or the authorized representative thereof, shal1 have one vote for each acre
or portion of an acre of land that he or she owns within the Community Facilities District. The
Landowner hereby acknowledges and agrees that if, as anticipated, said public hearings are
closed on the date hereot: said vote shall, pursuant to Section 53326(b) of the Act, be by the
landowners of the Community Facilities District.
4. Request. The Landowner hereby requests that the special election to be held under the
Act on the proposition to incur bonded indebtedness of the Community Facilities District, to levy
a special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District be conducted using mailed or hand-delivered ballots, that such
bal10ts be opened and canvassed at such election, and that the results of such election be certified
at the same meeting of the City Council as the public hearings on the establishment of the
Community Facilities District and the proposed issuance of bonded indebtedness of the
Community Facilities District, or as soon thereafter as possible.
5. Consent and Waiver. The Landowner hereby acknowledges and agrees that if the
special election to be held under the Act on the proposition to incur bonded indebtedness of the
Community Facilities District, to levy a special tax in the Community Facilities District and to
establish an appropriations limit for the Community Facilities District is held on July 17, 2006,
said election would be held less than 90 days after the anticipated close of the July 17, 2006
public hearings on the establishment of the Community Facilities District and the proposed
issuance of bonded indebtedness of the Community Facilities District. The Landowner hereby
acknowledges and agrees that the qualified electors of the Community Facilities District are
entitled, pursuant to Section 53326 of the Act, with the concurrence of the election official for
said special election, to consent to the waiver of any time limit specified by Section 53326 of the
Act and any requirement pertaining to the conduct of said special election, including any time
limit or requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title
5 of the Act (commencing with Section 53345 of the Act). The Landowner hereby consents to
the waiver of, and hereby waives, any time limit specified by Section 53326 of the Act and any
OHS "'L,'(:2MI/''<:I(,'"'1 IllS WEST 260051671 2
2
requirement pertammg to the conduct of said special election, including any time limit or
requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title 5 of the
Act (commencing with Section 53345 of the Act), including, but not limited to, all notices with
respect thereto (published, mailed or otherwise to be given), any voter qualification
requirements, any time limitations, any requirements as to form or content of election materials,
all publication requirements, all pre-election, election or voting procedures (other than the right
to vote) and all canvass, recount and tie vote procedures. The Landowner hereby consents to the
holding of said special election on July 17, 2006.
The Landowner hereby acknowledges and agrees that the landowners of the Community
Facilities District are entitled (a) pursuant to Section 53327(b) of the Act, to consent to the
waiver of any impartial analysis, arguments or rebuttals, with respect to the special election on
the proposition to incur bonded indebtedness of the Community Facilities District, to levy a
special tax in the Community Facilities District and to establish an appropriations limit for the
Community Facilities District, and (b) pursuant to Section 53326 of the Act, with the
concurrence of the election official for said special election, to consent to the waiver of any
requirement pertaining to the conduct of said special election. The Landowner hereby
acknowledges and agrees that said special election is to be held without the preparation of an
impartial analysis and arguments and rebuttals, if any, as permitted by Section 53327(b) of the
Act. The Landowner hereby consents to the waiver of, and hereby waives, the requirement in
Section 53327(a) that there be prepared and included in the ballot material provided to each voter
an impartial analysis pursuant to Section 9160, 9280 or 9500 of the California Elections Code,
and arguments and rebuttals, if any, pursuant to Sections 9162 to 9167, inclusive, and Section
9190 of the California Elections Code or pursuant to Sections 9281 to 9287, inclusive, and
Section 9295 of the California Elections Code, or pursuant to Sections 9501 to 9507, inclusive,
of the California Elections Code, or pursuant to other provisions of law applicable to other
special districts as appropriate.
The Landowner hereby represents that it has obtained such information with respect to
the consents and waivers contained herein as it has deemed necessary or appropriate. The
Landowner hereby confirms and represents that it is fully informed with respect to such consents
and waivers and fully understands the consequences thereof.
The Landowner hereby waives any and all defects in notice or procedure in any
proceedings to establish the Community Facilities District, to levy special taxes in the
Community Facilities District and to authorize special tax bonds for the Community Facilities
District, or in the conduct of the election, whether known or unknown (other than, in the case of
the election, the right to have ballots accurately counted), and the Landowner hereby represents
that the election is being expedited pursuant to this Consent and Waiver, at the particular request
of the Landowner. The Landowner further waives its right to make any protest or complaint or
to undertake any legal action challenging the validity of the election.
6. Authorized Representative. The undersigned Robert N. Goodman, President of
Resmark Equity Partners, LLC, has been duly authorized by the Landowner and possesses all
authority necessary to execute this Consent and Waiver on behalf of the Landowner in
connection with the election to be held by the City Council of the City under the Act on the
proposition to incur bonded indebtedness of the Community Facilities District, to levy a special
OHE \\1(.~.t:"!/Hl51t'7I.lIJS WEST2hOOSlh71 2
3
tax in the Community Facilities District and to establish an appropnatJOns limit for the
Community Facilities District, and is the authorized representative of the Landowner authorized
to execute ballots on behalf of the Landowner and to vote in the election referred to herein. The
signature set forth opposite the name of such authorized representative is the genuine signature
of such person:
Name
Signature
Robert N. Goodman, President
7. Mailing Address. The address of the Landowner for receiving notices and ballots is:
Resmark LLC, 10880 Wilshire Blvd., Suite 1420, Los Angeles, CA 90024, Attn: Mitch
Goodman.
This Consent and Waiver is dated as of July 17, 2006.
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
om: U!l',l:~fiO""16:1.llJS WFST'2600l;j1671 2
4
EXHIBIT A
DESCRIPTION OF PROPERTY
That certain real property situated in the County of Orange, State of California, described
as follows:
LOTS 1 THROUGH 23 INCLUSIVE, 36 THROUGH 53 INCLUSIVE AND 57
THROUGH +968 INCLUSIVE, OF TRACT NO. 16582, IN THE CITY OF TUSTIN,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP
RECORDED IN BOOK 874 PAGES 1 THROUGH 30 INCLUSIVE, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY.
OMS ufi!'t:~MY\.<:16:1.ltJS WFST'2600,,)h71 2
A-I
EXHIBIT B
FACILITIES AND SERVICES TO BE FINANCED
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.
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.
OH~' U'c,,!.'"l/f'{\:'I4i++IJS WF:ST2hOO'ilft71 2
B-1
RESOLUTION NO. 06-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN DECLARING ITS OFFICIAL INTENT TO
REIMBURSE CERTAIN EXPENDITURES FROM
PROCEEDS OF INDEBTEDNESS
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 Formation of City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus
Villages), Authorizing the Levy of a Special Tax Within the District and Establishing an
Appropriations Limit for the District" for the purpose of financing certain public facilities (the
"Project") as further provided in said Resolution;
WHEREAS, the City expects to pay certain expenditures (the "Reimbursement
Expenditures") in connection with the Project prior to the issuance of tax-exempt indebtedness
for the purpose of financing costs associated with the Project on a long-term basis;
WHEREAS, the City reasonably expects that the tax-exempt debt obligations in an
amount not to exceed $65,000,000 will be issued and that certain of the proceeds of such debt
obligations will be used to reimburse the City for the Reimbursement Expenditures incurred in
connection with the Project; and
WHEREAS, Section 1.150-2 of the Treasury Regulations requires the City to declare its
reasonable official intent to reimburse prior expenditures for the Project with proceeds of a
subsequent tax-exempt borrowing;
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 foregoing recitals are
true and correct.
Section 2. This declaration is made solely for purposes of establishing compliance with
the requirements of Section 1.150-2 of the Treasury Regulations. This declaration does not bind
the City to make any expenditures, to incur or cause to be incurred any indebtedness, or to
proceed with the Project.
Section 3. The City Council hereby declares its official intent to use proceeds of
indebtedness to reimburse itself for Reimbursement Expenditures.
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 declaration shall take effect from and after its adoption.
OHS WEST .260052054.1
APPROVED and ADOPTED by the City Council of the City of Tustin on July 17,
2006.
Doug Davert, Mayor
ATTEST:
Pamela Stoker, City Clerk
-2-
OHS WEST .260052054.1
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 July 17,
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
OHS WEST.260052054.!
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