HomeMy WebLinkAbout1999-09-28 - RESOLUTIONS - CFD99-1 TAXES SC BUSINESS PARK (2)RESOLUTION NO. 99-_164
RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA
TO ESTABLISH COMMUNITY FACILITIES DISTRICT
NO. 99-1 (SANTA CLARITA BUSINESS PARK) AND TO
AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN
COMMUNITY FACILITIES DISTRICT NO. 99-1
WHEREAS, the City Council (the "Council') of the City of Santa Clarita (the "City") has
received a petition (the 'Petition") requesting the institution of proceedings for formation of a
community facilities district pursuant to the Mello -Roos Community Facilities Act of 1982, as
amended, commencing with Section 53311 of the Goverment Code of the State of California (the
"Act'); and
WHEREAS, the Council has determined that the Petition complies with the requirements of
Government Code Section 53318(c) and now intends to form Community Facilities District No. 99-1
(Santa Clarita Business Park) (the "CFD") and commence proceedings to designate future
annexations of property for the proposed CFD to be designated as "Future Annexation Area of the
Community Facilities District No. 99-1 (Santa Clarita Business Park)" (the "Future Annexation
Area"); and
WHEREAS, the Council further intends to approve an estimate of the costs of the Facilities
for the CFD in the approximate amount of Twenty -Five Million, Two Hundred Dollars
($25,200,000); and
WHEREAS, it is the intention of the Council to finance and acquire all or a portion of the
Facilities through the formation of the CFD subject to the authorization of bonds and the levy of a
special tax to pay principal and interest on bonds, being approved at an election to be held within the
boundaries of the CFD; and
WHEREAS, the owners of the land within the boundaries of the proposed CFD desire the
City to proceed with the formation of the CFD and the designation of the Future Annexation Area
pursuant to certain terms and conditions of that certain Funding, Construction and Acquisition
Agreement dated August 1, 1999 (the "Funding Agreement'), approved by the Council on August
4, 1999 and recorded as Document No. 99-1519953 on August 12, 1999 with the Los Angeles
County Recorder.
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES
resolve as follows:
Section 1. The Council hereby determines to institute proceedings for the formation of a
community facilities district and the designation of area to be annexed into the CFD, pursuant to and
under the terms of the Act. The exterior boundaries of the CFD are hereby specified and described
to be as shown on that certain map now on file in the office of the City Clerk entitled "Proposed
Boundary of Community Facilities District No. 99-1 (Santa Clarita Business Park)," which map
indicates by a boundary line the extent of the territory included in the proposed community facilities
district and shall govern for all details as to the extent of the CFD. The boundaries of the territory
proposed for designation as Future Annexation Area to the CFD is also more particularly described
and shown on that certain map entitled "Proposed Boundary of Community Facilities District No.
99-1 (Santa Clarita Business Park)." On the original and one copy of said map of such CFD and
Future Annexation Area on file in the City Clerk's office, the City Clerk shall endorse the certificate
evidencing the date and adoption of this resolution. The City Clerk shall file the original of such
map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk
shall file a copy of such map so endorsed in the records of the County Recorder, County of Los
Angeles, State of California.
Section 2. The name of the proposed City of Santa Clarita Community Facilities District
shall be "City of Santa Clarita Community Facilities District No. 99-1 (Santa Clarita Business
Park)."
Section 3. The area to be designated for future annexation to the CFD shall be known as
"Future Annexation Area to Community Facilities District No. 99-1 (Santa Clarita Business Park)"
(the "Future Annexation Area") and will be annexed into the CFD only with the unanimous approval
of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed.
Section 4. The Facilities proposed to be financed by the CFD are public infrastructure
facilities with an estimated useful life of five (5) years or more which the City or a public agency is
authorized by law to contribute revenue to or to construct, own or operate (the "Facilities"). The
Facilities are more particularly described on Exhibit "A" attached hereto and incorporated herein by
reference. The description of the Facilities shown on Exhibit "A" is general in nature. The final
nature and location of the Facilities will be determined upon the preparation of final plans and
specifications which may show substitutes in lieu of, or modifications to, the proposed work. Any
such substitution shall not be deemed a change or modification of the Facilities so long as the
substitution provides a service substantially similar to the Facilities shown on Exhibit "A".
Section 5. Except where funds are otherwise available, it is the intention of the Council to
levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax")
sufficient to pay for the costs of financing the Facilities, including the principal of and interest on
I Page 3
the bonds proposed to be issued to finance the Facilities and other periodic costs, the establishment
and replenishment of reserve funds, the remarketing, credit enhancement and liquidity and activity
fees, the costs of administering the levy and collection of the Special Tax and all other costs of the
levy of the Special Tax and issuance of the bonds, including any foreclosure proceedings,
architectural, engineering, inspection, legal, fiscal, and financial consultant fees, discount fees,
capitalized interest on bonds (but not to exceed two years), election costs and all costs of issuance
of the bonds, including, but not limited to, fees for bond counsel, disclosure counsel, financing
consultants and printing costs, and all other administrative costs of the tax levy and bond issue. The
Special Tax will be secured by recordation of a continuing lien against all non-exempt real property
in the CFD, and when annexed, the Future Annexation Area. The schedule of the rate and method
of apportionment and manner of collection of the Special Tax is described in detail in Exhibit "B"
attached hereto and by this reference incorporated herein. The Special Tax is based upon the cost
of financing the Facilities in the CFD, the demand that each parcel will place on the Facilities and
the general benefit received by each parcel from the Facilities as determined by the Council and as
permitted by Sections 53325.3 and 53339.3 of the Act. Exhibit `B" provides sufficient detail to
allow each landowner or resident within the proposed CFD or the Future Annexation Area to
estimate the maximum amount that such person will have to pay for the Facilities.
The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section
53325.3 of the Act and such Special Tax is not on or based upon the ownership of real property. In
the event that property within the CFD or, when annexed, the Future Annexation Area, is acquired
or dedicated to a public agency subsequent to annexation to the CFD, the special tax on such
property will be either released or prepaid, as determined by the CFD, and such parcel will become
exempt property under the provisions of the rate and method of apportionment for the CFD as to all
future obligations to pay the special tax imposed by the CFD.
Section 6. Pursuant to the Funding Agreement, deposits have been made to partially
compensate the City for all costs incurred by the City in conducting formation proceedings (the
"Proceedings Deposit"). Pursuant to Section 53314.9 of the Act, it is the intention of the City that
the Proceedings Deposit, subject to refund of any unused portion, be reimbursed to the depositor as
provided in the Funding Agreement from proceeds of bonds issued.
Section 7. The Council hereby finds that the proposed Facilities are necessary to meet
increased demands put upon the City as a result of the new development or rehabilitation within the
CFD and the Future Annexation Area.
Section 8. A public hearing (the "Hearing") on the establishment of the CFD, the designation
of the Future Annexation Area and the proposed rate and method of apportionment of the Special
Tax shall be held on November 9, 1999, at 1_3o :W o'clock p.m., or as soon thereafter as practicable,
^� at the chambers of the Council of the City of Santa Clarita, 23920 Valencia Boulevard, Santa Clarita,
California 91355-2196.
Page 4
Section 9. At the time and place set forth above for the hearing, any interested person,
including all persons owning lands or registered to vote within the proposed CFD or the Future
Annexation Area, may appear and be heard.
Any protests may be made orally or in writing, except that any protests pertaining to the
regularity or sufficiency of such proceedings shall be in writing and shall clearly set forth the
irregularities and defects to which the objection is made. All written protests shall be filed with the
City Clerk on or before the time fixed for such public hearing, and any written protest may be
withdrawn in writing at any time before the conclusion of such public hearing. If written protests
against the CFD or the designation of the Future Annexation Area are filed by (a) fifty percent (50%)
or more of the registered voters, or six (6) registered voters, whichever is greater, residing with the
proposed CFD, or (b) the owners of one-half (2) or more of the area of land to be included within
the proposed CFD, the proceedings shall be abandoned. If said majority protest is limited to certain
types of facilities or certain provisions of the special tax, those facilities or those provisions of the
tax must be eliminated by the Council.
Section 10. Each City officer who is or will be responsible for the Facilities to be financed
by the CFD, if it is established, is hereby directed to study the proposed CFD and, at or before the
time of the above-mentioned Hearing, file a report with the Council, and which is to be made a part
of the record of the Hearing, containing a brief description of the Facilities and services by type
which will in his or her opinion be required to adequately meet the needs of the CFD and the Future
Annexation Area and his or her estimate of the cost of providing the Facilities and services. The
Director of Administrative Services, is directed to estimate the fair and reasonable cost of all
incidental expenses, including the cost of planning and designing the Facilities to be financed
pursuant to the Act, including the cost of environmental evaluations of such Facilities, all costs
associated with the creation of the CFD, issuance of bonds, determination of the amount of any
special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the
authorized purposes of the City with respect to the CFD, and any other expenses incidental to the
construction, completion and inspection of the authorized work to be paid through the proposed
financing.
Section 11. The City may accept advances of funds from any sources, including private
persons or private entities, and is authorized and directed to use such funds for any authorized
purpose, including any cost incurred by the City in creating the CFD. The City may enter into an
agreement to repay all of such funds as are not expended or committed for any authorized purpose
at the time of the election on the levy of the Special Tax, if the proposal to levy such tax should fail,
and to repay all of such funds advanced if the levy of the Special Tax shall be approved by the
qualified electors of the CFD.
Page 5
Section 12. The City Clerk is hereby directed to publish a notice ("Notice") of the Hearing
pursuant to Section 6061 of the Government Code in a newspaper of general circulation published
in the area of the proposed CFD. Such Notice shall contain the text or a summary of this Resolution,
state the time and place of the Hearing, a statement that the testimony of all interested persons or
taxpayers will be heard, a description of the protest rights of the registered voters and landowners
in the proposed CFD as provided in Section 53324 of the Act and a description of the proposed
voting procedure for the election required by the Act. Such publication shall be completed at least
7 days prior to the date of the Hearing.
Section 13. The City Clerk is hereby directed to send a copy of the Notice of the Hearing by
first-class mail, postage prepaid, to each registered voter and to each landowner within proposed
CFD as shown on the last equalized assessment roll. Said mailing shall be completed not less than
fifteen (15) days prior to the date of the Hearing.
Section 14. Pursuant to Section 53344.1 of the Act, the Council hereby reserves to itself, in
its sole discretion, the right and authority by subsequent resolution to allow any owner of property
within the CFD, subject to the provisions of Section 53344.1 of the Act and those conditions as it
may impose, and any applicable prepayment penalties as prescribed in the bond indenture or
comparable instrument or document, to tender to the CFD 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 15. The voting procedure with respect to the establishment of the CFD and the
imposition of the special tax shall be by mailed ballot election.
Section 16. This Resolution shall take effect immediately upon its adoption.
Page 6
PASSED, APPROVED AND ADOPTED this zs day of September '1999.
MAYORJ
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF SANTA CLARITA)
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of the Santa Clarita at a
regular meeting thereof, held on the 28 day of September , 1999, by the following vote:
AYES: COUNCILMEMBERS: Wevte, Klajic, Heidt, Ferry, Darcy
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMEERS: None
CITY CLERK
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EXHIBIT B
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF SANTA CLARITA
COMMUNITY FACILITIES DISTRICT NO. 99-1
(SANTA CLARITA BUSINESS PARK)
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in the City of Santa
Clarita Community Facilities District No. 99-1 (Santa Clarita Business Park) ("CFD No. 99-1 ") and
collected each Fiscal Year commencing in Fiscal Year 2000-2001, in an amount determined by the
City Council of the City of Santa Clarita, through the application of the Rate and Method of
Apportionment as described below. All of the real property in CFD No. 99-1, 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.
The terns hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map, parcel map, condominium plan, or other recorded County
parcel map.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 99-1: 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. 99-1 or any designee thereof of complying with arbitrage
rebate requirements; the costs to the City, CFD No. 99-1 or any designee thereof of
complying with City, CFD No. 99-1 or obligated persons disclosure requirements associated
with applicable federal and state securities laws and of the Act; the costs associated with
preparing Special Tax disclosure statements and responding to public inquiries regarding the
Special Taxes; the costs of the City, CFD No. 99-1 or any designee thereof related to an
appeal of the Special Tax; the costs associated with the release of funds from an escrow
account; and the City's annual administration fees and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 99-1 for
any other administrative purposes of CFD No. 99-1, including attorney's fees and other costs
related to commencing and pursuing to completion any foreclosure of delinquent Special
Taxes.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's parcel number.
City of Santa Clarita September 14, 1999
CFD No. 99.1 (Santa Clarita Business Park) Page 1
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Class of Developed
Property, as determined in accordance with Section C below.
"Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of
Developed Property, as determined in accordance with Section C below.
"Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether
in one or more series, issued by CFD No. 99-1 under the Act.
"CFD No. 99-1" means the City of Santa Clarita Community Facilities District No. 99-1
(Santa Clarita Business Park).
"City" means the City of Santa Clarita.
"Council" means the city council of the City.
"County" means the County of Los Angeles.
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Taxable Public Property, for which a building permit for new construction was issued prior
to May 1 of the prior Fiscal Year.
"Finance Director" the Finance Director of the City or his or her designee.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to
time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table 1 below
"Maximum Special Tax" means the Maximum Special Tax, determined in accordance with
Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel.
"Non -Residential Floor Area" means the total building square footage of the non-
residential building(s) located on an Assessor's Parcel, measured from outside wall to
outside wall, exclusive of overhangs, porches, patios, carports, or similar spaces attached to
the building but generally open on at least two sides. The determination of Non -Residential
Floor Area shall be made by reference to the building permit(s) issued for such Assessor's
Parcel.
"Non -Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit was issued for a non-residential use.
City of Santa Clarita September 14, 1999
CFD No. 99-1 (Santa Clarita Business Park) Page 2
"Outstanding Bonds" means all Bonds which are deemed to be outstanding under the
Indenture.
"Proportionately" means, for Developed Property, that the ratio of the actual Special Tax
levy to the Assigned Special Tax is equal for all Assessor's Parcels of Developed Property.
For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax
levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of
Undeveloped Property.
"Public Property" means any property within the boundaries of CFD No. 99-1 that is (i)
used for rights-of-way or any other purpose and is owned by or irrevocably offered for
dedication to the federal government, the State of California, the County, the City or any
other public agency or (ii) encumbered by an unmanned utility easement making impractical
its utilization for other than the purpose set forth in the easement, provided however that any
property leased by a public agency to a private entity and subject to taxation under Section
53340.1 of the Act shall be taxed and classified in accordance with its use.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Resolution of Formation" means the resolution of the City Council of the City, adopted
under the Mello -Roos Act to establish CFD No 99-1.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Taxable Property to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No.
99-1 to: (i) pay debt service on all Outstanding Bonds; (ii) pay periodic costs on the Bonds,
including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) pay
Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve
funds for all Outstanding Bonds; (v) pay directly for construction of facilities described in the
Resolution of Formation required by Section 53325.1 of the Act, if any; and (vi) pay for
reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special
Taxes levied in the previous Fiscal Year.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
99-1 which are not exempt from the Special Tax pursuant to law or Section E below.
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt pursuant to Section E below.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property or Taxable Public Property.
City of Santa Clarita September 14, 1999
CFD No. 99-1 (Santa Clarita Business Park) Page 3
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 99-1 shall be classified as Developed
Property, Taxable Public Property, or Undeveloped Property, and shall be subject to Special
Taxes in accordance with the rate and method of apportionment determined pursuant to
Sections C and D below.
The Assigned Special Tax for Non -Residential Property shall be based on the amount of
Non -Residential Floor Area on the Assessor's Parcel. The Assigned Special Tax for
Residential Property shall be based on the Acreage of the Assessor's Parcel.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
a. Maximum Special Tax
The Maximum Special Tax for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by
application of the Assigned Special Tax or (ii) the amount derived by
application of the Backup Special Tax.
b. Assigned Special Tax
The Fiscal Year 2000-2001 Assigned Special Tax for each Land Use Class is
shown below in Table 1.
TABLE 1
Assigned Special Taxes for Developed Property in
Community Facilities District No. 99-1 (Santa Clarita Business Park)
(Fiscal Year 2000-2001)
Non -Residential Property $0.6566 per square foot of Non -Residential
Floor Area
2 1 Residential Property 1 $11,767 per Acre
C. Increase in the Assigned Special Tax
On each July 1, commencing on July 1, 2001, the Assigned Special shall be
increased by an amount equal to two percent (2%) of the Assigned Special
Tax for the previous Fiscal Year.
City of Santa Clarita September 14, 1999
CFD No. 99-1 (Santa Clarita Business Park) p„., a
d. Backup Special Tax
The Backup Special Tax in CFD No. 99-1 shall equal $11,767 per Acre for
Fiscal Yea±2000-2001, and shall increase thereafter, commencing on July 1,
2001 and on July 1 of each Fiscal Year thereafter, by an amount equal to two
percent (2%) of the Backup Special Tax for the previous Fiscal Year.
2. Undeveloped Property and Taxable Public Property
a. Maximum Special Tax
The Maximum Special Tax for Undeveloped Property and Taxable Public .
Property shall be $12,230 per Acre for Fiscal Year 2000-2001.
b. Increases in the Maximum Special Tax
On each July 1, commencing July 1, 2001, the Maximum Special Tax for
Undeveloped Property and Taxable Public Property shall be increased by two
percent (2%) of the amount in effect in the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal. Year 2000-2001 and for each following Fiscal Year, the Council
shall determine the Special Tax Requirement and shall levy the Special Tax until the amount
of Special Taxes equal the Special Tax Requirement. The Special Tax shall be levied each
Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property at up to 100% of the applicable Assigned Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessors Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for
Undeveloped Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of
Developed Property whose Maximum Special Tax is determined through the application of
the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up
to the Maximum Special Tax for each such Assessor's Parcel;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, then the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Taxable Public Property up to the Maximum Special Tax for Taxable
Public Property.
City of Santa Clarita September 14, 1999
CFD No. 99-1 (Santa Clarita Business Park) Page 5
E. EXEMPTIONS
No Special Tax shall be levied on up to 55.59 Acres of Public Property. Tax-exempt status
will be irrevocably assigned by the Finance Director in the chronological order in which
property becomes Public Property.
Public Property that is not exempt from Special Taxes under this section shall be subject to
the levy of the Special Tax and shall be taxed Proportionately as part of the fourth step in
Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Public
Property. However, on a year to year basis, the Finance Director may exempt such
Assessor's Parcels from the levy of the Special Tax in any Fiscal Year provided the Special
Tax Requirement can be satisfied without imposing a levy on said Assessor's Parcels.
F. REVIEW/APPEAL COMMITTEE
The Council shall establish as part of the proceedings and administration of CFD No. 99-1 a
special three-member Review/Appeal Committee. Any landowner or resident who feels that
the amount of the Special Tax, as to their Assessor's Parcel, is in error, may file a notice with
the Review/Appeal Committee appealing the amount of the Special Tax levied on such
Assessor's Parcel. The Review/Appeal Committee shall interpret this Rate and Method of
Apportionment and make determinations relative to the annual administration of the Special
Tax and any landowner or resident appeals, as herein specified. The decision of the
Review/Appeal Committee shall be final and binding as to all persons.
G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that CFD No. 99-1 may directly bill the Special
Tax, may collect Special Taxes at a different time or in a different manner if necessary to
meet its financial obligations, and may covenant to foreclose and may actually foreclose on
delinquent Assessor's Parcels as permitted by the Act.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
"CFD Public Facilities" means either $25.2 million in 1999 dollars, which shall increase by
the Construction Inflation Index on July 1, 2000, and on each July 1 thereafter, or such lower
number as (i) shall be determined by the Finance Director as sufficient to provide the public
facilities to be provided by CFD No. 99-1 under the authorized Mello -Roos financing
program for CFD No. 99-1, or (ii) shall be determined by the Council concurrently with a
covenant that it will not issue any more Bonds to be supported by Special Taxes levied under
this Rate and Method of Apportionment as described in Section D.
"Construction Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct public facilities
eligible under the Act.
City of Santa Clarita September 14, 1999
CFD No. 99-1 (Sawa Clarita Business Park) Paze 6
"Construction Inflation Index" means the annual percentage change in the En ineerin
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 Inflatiod Index shall be another index as determined by the Finance Director
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 public facility costs
available to be funded through existing construction or escrow accounts or funded by
Previously Issued Bonds, minus public facility costs funded by interest earnings on the
Construction Fund actually earned prior to the date of prepayment, and minus public
facilities costs paid directly with Special Taxes.
"Outstanding Bonds" means all Previously Issued Bonds which remain outstanding as of
the first interest and/or principal payment date following the current Fiscal Year.
"Previously Issued Bonds" means all Bonds that have been issued by CFD No. 99-1 prior
to the date of prepayment.
Only an Assessor's Parcel of Developed Property or Undeveloped Property for which a
building permit has been issued may be prepaid. The Special Tax obligation applicable to
such Assessor's Parcel in CFD No. 99-1 may be fully prepaid and the obligation of the
Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided
that a prepayment may be made only if there are no delinquent Special Taxes with respect to
such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel
intending to prepay the Special Tax obligation shall provide CFD No. 99-1 with written
notice of intent to prepay. Within 30 days of receipt.of such written notice, CFD No. 99-1
shall notify such owner of the prepayment amount of such Assessors Parcel. Prepayment
must be made not less than 45 days prior to the next occurring date that notice of redemption
of Bonds from the proceeds of such prepayment may be given to the Trustee pursuant to the
Indenture.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus
Future Facilities Amount
plus
Redemption Premium
plus
Defeasance Amount
plus
Administrative Fees and Expenses
less
Reserve Fund Credit
less
Capitalize Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
City of Santa Clarita September 14, 1999
CFD No. 99-1 (Santa Clarfta Business Park) Pace 7
Paragraph No.:
For Assessor's Parcels of Developed Property, compute the Assigned Special Tax
and Backup Special Tax applicable for the Assessor's Parcel to be prepaid. For
Assessor's Parcels of Undeveloped Property to be prepaid, compute the Assigned
Special Tax and Backup Special Tax for that Assessor's Parcel as though it was
already designated as Developed Property, based upon the building permit which has
already been issued for that Assessor's Parcel.
2. (a) Divide the Assigned Special Tax computed pursuant to paragraph 1 for such
Assessor's Parcel by the estimated Assigned Special Taxes for the entire CFD No.
99-1 based on the Developed Property Special Taxes which could be charged in the
current Fiscal Year on all expected development through buildout of CFD No. 99-1,
excluding any Assessor's Parcels which -have been prepaid, and (b) Divide the
Backup Special Tax computed pursuant to paragraph 1 for such Assessor's Parcel by
the estimated Backup Special Taxes for the entire CFD No. 99-1 excluding any
Assessor's Parcels which have been prepaid.
3. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the
Outstanding Bonds to compute the amount of Outstanding Bonds to be refired and
prepaid (the "Bond Redemption Amount"). .
4. Compute the current Future Facilities Costs
5. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the
amount determined pursuant to paragraph 4 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Amount").
6. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the
applicable redemption premium, if any, on the Outstanding Bonds to be redeemed
(the "Redemption Premium").
7. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Outstanding Bonds.
8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year which have not yet been paid.
10. Compute the minimum amount the Finance Director expects to derive from the
reinvestment of the Bond Redemption Amount plus the Redemption Premium from
the date of prepayment until the redemption date for the Outstanding Bonds to be
redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount
computed pursuant to paragraph 10.
City of Santa Clarita September 14, 1999
CFD No. 99-1 (Santa Clarita Business Park) Page 8
12. Compute the net present value of the amount computed pursuant to paragraph 11,
using as a discount rate the rate of return assumed by the Finance Director in
paragraph 10 (the "Defeasance Amount").
13. Verify the administrative fees and expenses of CFD No. 99-1, including the costs of
computation of the prepayment, the costs to invest the prepayment proceeds, the costs
of redeeming Bonds, and the costs of recording any notices to evidence the
prepayment and the redemption (the "Administrative Fees and Expenses").
14. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the
reserve requirement (as defined in the Indenture) on the prepayment date, a reserve
fund credit shall be calculated as a reduction in the applicable reserve fund for -the
Outstanding Bonds to be redeemed pursuant to the prepayment (the "Reserve Fund
Credit'D. No Reserve Fund Credit shall be granted if reserve funds are below 100%
of the reserve requirement.
15. If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest and/or principal payment following the current Fiscal
Year, a capitalized interest credit shall be calculated as a reduction in the capitalized
interest fund, for the Outstanding Bonds to be redeemed pursuant to the prepayment
(the "Capitalized Interest Credit").
16. The Special Tax prepayment is equal to the sum of the amounts computed pursuant
to paragraphs 3, 5, 6, 12 and 13, less the amounts computed pursuant to
paragraphs 14 and 15 (the "Prepayment Amount").
From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 5, 6,12, 14
and 15 shall be deposited into the appropriate fund as established under the Indenture and be
used to retire Outstanding Bonds or make debt service payments. The amount computed
pursuant to paragraph 13 shall be retained by CFD No. 99-1.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be
retained in the appropriate fund established under the Indenture to be used with the next
prepayment of bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined under
paragraph 9 (above), the Finance Director shall remove the current Fiscal Year's Special Tax
levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's
Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance
with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax
lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the
Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Assigned Special Taxes that may be levied on Taxable Property within CFD No.
99-1 both prior to and after the proposed prepayment is at least 1.1 times the maximum
annual debt service on all Outstanding Bonds.
City of Santa Clarita September 14, 1999
CFD No. 99-I (Santa Clarita Business Park) Page 9
I. TERM OF SPECIAL TAX
The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal
Year 2000-2001.
K.•/Clients2/SantaClarita/Mello/RMA/Clarita_RNA3.doc
Prepared: October 28, 1999
City of Santa Clarita September 14, 1999
CFD No, 99-1 (Santa Clarita Business Park) Page 10