RES-2006-214RESOLUTION NO. 20Q6-214
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM OF FORMATION OF CITY OF ANAHEIM
COMMUNITY FACILITIES DISTRICT NO. d6-2
(STADIUM LOFTS), AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN THE DISTRICT AND
ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE
DISTRICT
WHEREAS, on July 11, 2006, the City Council (the "City Council") of the City of
Anaheim (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 Anaheim
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 Anaheim
Community Facilities District No. 06-2 (Stadium Lofts), 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 Anaheim Bulletin, a newspaper of general circulation published in the area of the
Community Facilities District, in accordance with the Act;
WHEREAS, on August 22, 2006, the City Council opened and continued said public
hearing to September 12, 2006;
WHEREAS, on September 12, 2006, the City Council 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;
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WHEREAS, at the public hearing the Resolution of Intention was modified so as to
eliminate all proposed Services (as defined in the Resolution of Intention) and to change the rate
and method of apportionment of the proposed special tax so as to reduce the maximum special
tax for a portion of the owners of property within the Community Facilities District;
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
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 return any funds which have not been committed for
any authorized purpose by the time of the election to the person or entity advancing the funds;
WHEREAS, the City and CREA/Nexus Anaheim Corners, LLC (the "Landowner") have
entered into a Deposit and Reimbursement Agreement, dated as of July 11, 2006 (the "Deposit
Agreement"), pursuant to which the Landowner has heretofore advanced certain funds, and the
Landowner 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 the Landowner therefor, without interest, from the
proceeds of special tax bonds issued by the Community Facilities District; and
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WHEREAS, the City has provided evidence, and the City Council desires to make the
determination, that the facilities to be purchased by the Community Facilities District as
completed facilities pursuant to the Acquisition and Funding Agreement, by and among the City,
the Community Facilities District and the Landowner (as further described on Exhibit A hereto}
have, prior to the date hereof, been completed within the meaning of Section 53313.5 of the Act;
NOW, THEREFORE, the City Council of the City of Anaheim does hereby resolve,
determine and order as follows:
Section 1. 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 Anaheim
Community Facilities District No. 06-2 (Stadium Lofts)."
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 B hereto, which is by this reference incorporated herein. Those Facilities proposed to be
purchased as completed public facilities are described under the caption "Facilities to be
Purchased" on Exhibit B hereto. The incidental expenses proposed to be incurred are identified
under the caption "Incidental Expenses" on Exhibit A hereto. All or any portion of the Facilities
may be financed through a financing plan, including, but not limited to, a lease, lease-purchase
or installment-purchase arrangement.
Section 5. 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, 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 C 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°Io. 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.
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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
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 Anaheim, 200 South
Anaheim Boulevard, Anaheim, California 92806, (714) 765-5119.
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 as
Instrument No. 2006-474343 in the County of Orange in Book 91 at Pages 40-41 of Maps of
Assessments and Community Facilities Districts in the office of the County Recorder of the
County of Orange. The map entitled "Superseding Boundaries of City of Anaheim Community
Facilities District No. 06-2 (Stadium Lofts) County of Orange, State of California" is on file with
the City Clerk.
Section ll. 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 $12,000,000.
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 Che 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.
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Section 13. The Landowner 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 14. 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 15. 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 16. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Anaheim on September
12, 2006.
AYES: Mayor Eringl.e, Council. Members Sidhu, .Hernandez, Gallowa~r, Chavez.
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
C ty Clerk
Mayor
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CLERK'S CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
I, Sheryll Schroeder, City Clerk of the City of Anaheim, 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
September 12, 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: Mayor Pringle, Council Members Sidhu, Hernandez
Galloway, Chavez
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
An agenda of said meeting wasposted at least 72 hours before said meeting at 200 South
Anaheim Boulevard, Anaheim, 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: Sept . 12 , 2006
ity Clerk
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41993-23 GH I
EXHIBIT A
COMPLETED FACILITIES
Segment No. 1
Road and right of way improvements for (a) Katella Avenue - 300 feet, Stadium Lofts
Frontage, West of State College, and (b) State College - b00 feet, Stadium Lofts Frontage,
North of Katella Avenue to Wright Circle, including utilities, curb and gutter, lighting,
sidewalks, irrigation, landscaping, traffic control and signalization, design,
engineering, permitting, grading, and demolition, and any and all appurtenant
facilities relating to the foregoing
Segment No. 2
Sewer improvements for Katella Avenue - 300 feet, Stadium Lofts Frontage West of
State College (including the intersection of State College and Katella Avenue and
State College along Katella Avenue West to Lewis Street), including survey, design,
engineering, all costs of site acquisition, planning, engineering, legal services,
materials testing, coordination, construction, staking, construction inspection and
any and all appurtenant facilities relating to the foregoing
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41993-23 GH I A-1
EXHIBIT B
FACILITIES, FACILITIES TO BE PURCHASED AND INCIDENTAL
EXPENSES
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, sewers, storm drains, water
facilities, sanitation facilities, electric utility facilities, public parks and recreation facilities,
police facilities and equipment, fire facilities and equipment, library facilities and equipment and
land, rights-of-way and easements necessary for any of such facilities.
Facilities to be Purchased
The types of facilities to be purchased as completed facilities are street improvements,
including grading, paving, curbs and gutters, sidewalks, street signalization and signage, street
lights and parkway and landscaping related thereto, sewers and storm drains.
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.
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EXHIBIT C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
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41993-23 GH 1 C-1
AMENDED AND RESTATED
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT N0.06-2
(STADIUM LOFTS)
To the extent provided herein a Special Tax shall be levied on all Assessor's Parcels in the City of
Anaheim Community Facilities District No. 06-2 (Stadium Lofts) ("CFD No. 06-2") and collected
each Fiscal Year commencing in Fiscal Year 2007-08, in an amount determined by the Council
through the application of the procedures described below. All of the real property in CFD No. 06-
2, 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 number of acres of 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 of Part 1 of Division 2 of Title 5 of the California Government Code.
"Administrative Expenses" means the following actual or reasonably estimated costs
related to the administration of CFD No. 06-2: the costs of computing the Special Taxes and
preparing the annual Special Tax collection schedules (whether by the City, CFD No. 06-2,
or any designee thereof); the costs of collecting the Special Taxes (whether by the County,
the City, through foreclosure proceedings, 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. 06-2 or any
designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD
No. 06-2 or any designee thereof of complying with City, CFD No. 06-2 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.
06-2 or any designee thereof related to an appeal of the Special Tax; the costs associated
with the release of funds from an escrow account; attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes; the
costs of City staff time and reasonable overhead relating to the administration of CFD No.
06-2; and any other costs or third party expenses estimated or advanced by the City or CFD
No. 06-2 for any other administrative purposes of CFD No. 06-2.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
City of Anaheim August 30, 2006
CFD No. 06-2 (Stadium Lofts) Page 1
"Assessor's Parcel Map" means an official map of the 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.1 below.
"Backup Special Tax" means the Backup Special Tax applicable to each Assessor's Parcel
of Residential Property, as determined in accordance with Section C.l 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. 06-2 under the Act.
"CFD Administrator" means an official of the City who is responsible for determining the
Special Tax Requirement, providing for the levy and collection of the Special Taxes, and
other duties as set forth herein.
"CFD No. 06-2" means the City of Anaheim Community Facilities District No. 06-2
(Stadium Lofts).
"City" means the City of Anaheim.
"Council" means the City Council ofthe City, acting as the legislative body of CFD No. 06-
2.
"County" means the County of Orange.
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Taxable Property Owner Association Property or Taxable Public Property, for which a
building permit for construction of new building square footage was issued after January 1,
2005 and prior to March 1 of the prior Fiscal Year.
"Final Map" means (i) a final map, or portion thereof, approved by the City pursuant to the
Subdivision Map Act (California Government Code Section 66410 et seq.) that creates
individual lots or parcels for which building permits may be issued, or (ii) for
condominiums, a final map approved by the City and a condominium plan recorded pursuant
to California Civil Code Section 1352 creating such individual lots or parcels.
"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.
City of Anaheim August 30, 2006
CFD No. 06-2 (Stadium Lofts) Page 2
"Maximum Special Tax" means, with respect to an Assessor's Parcel of Taxable Property,
the Maximum Special Tax, determined in accordance with Section C.1 below, that can be
levied in any Fiscal Year on such Assessor's Parcel.
"Non-Residential Floor Area" means for Non-Residential Property the total of the gross
area of the floor surfaces within the exterior wall of the building, not including space
devoted to residential dwelling units, stairwells, separate storage areas, required corridors,
public restrooms, elevator shafts, light courts, vehicle parking and areas incident thereto,
mechanical equipment incidental to the operation of such building, and covered public
pedestrian circulation areas, including atriums, lobbies, plazas, patios, decks, arcades and.
similar areas, except such public circulation areas or portions thereof that are used solely for
commercial purposes. The amount of floor area shall be determined by reference to the
building permit(s) issued by the City, or if square footage is not available from this source,
as otherwise determined by the CFD Administrator.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit(s) was issued for anon-residential use.
"Outstanding Bonds" means all Bonds which are outstanding under and in accordance with
the provisions of the Indenture.
"Property Owner Association Property" means, for each Fiscal Year, any property within
the boundaries of CFD No. 06-2 that is owned by or irrevocably dedicated to a property
owner association, including any master or sub-association.
"Proportionately" means (a) with respect to the Special Tax 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; (b) with respect to the Special Tax for Taxable
Property Owner Association Property that the ratio of the actual Special Tax levy to the
Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property Owner
Association Property; and (c) with respect to the Special Tax for Taxable Public Property
that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all
Assessor's Parcels of Taxable Public Property.
"Public Property" means, for each Fiscal Year, any property within the boundaries of CFD
No. 06-2 that (i) is owned by or irrevocably offered for dedication to the federal government,
the State, the County, the City or any other public agency, 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; or (ii) is
encumbered by a public utility easement making impractical its use for any purpose other
than that set forth in the easement.
"Reserve Requirement" means the reserve requirement for the Bonds as defined in the
Indenture.
"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,
Ciry of Anaheim August 30, 2006
CFD No. 06-2 (Stadium Lofts) Page 3
patio, enclosed patio, or similar area. The amount of floor area shall be determined by
reference to the building permit(s) issued by the City, or if square footage is not available
from this source, as otherwise determined by the CFD Administrator based on the recorded
condominium plan or other available documents.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Special Tax" means the annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Developed Property, Taxable Property Owner Association Property,
and Taxable Public Property to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required or estimated to be required in any
Fiscal Year to pay: (1) debt service and other periodic costs on the Bonds due in the calendar
year commencing in such Fiscal Year; (2} directly for the acquisition or construction of
authorized facilities of CFD No. 06-2; (3) Administrative Expenses; (4) any amount required
to increase the amount on deposit in any reserve fund established for the Bonds to the
Reserve Requirement applicable thereto; (5) for reasonably anticipated delinquent Special
Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year;
and (6) the costs of remarketing, credit enhancement and liquidity facility and reserve surety
fees; less (7) a credit for funds available to reduce the annual Special Tax levy, as
determined by the CFD Administrator pursuant to the Indenture.
"State" means the State of California.
"Taxable Property" means, for each Fiscal Year, all of the property within the boundaries
of CFD No. 06-2 which is not exempt from the Special Tax pursuant to law or Section E
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 E 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 law or Section E below.
"Trustee" means the trustee or fiscal agent under the Indenture.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, commencing with Fiscal Year 2007-08, all Taxable Property within CFD
No. 06-2 shall be classified as Developed Property (which shall be further classified as
Residential Property and Non-Residential Property), Taxable Property Owner Association
Property, and Taxable Public Property and shall be subject to the Special Tax in accordance
with the rate and method of apportionment determined pursuant to Sections C and D below.
City of Anaheim August 30, 2006
CFD No. 06-2 (Stadium Lofts) Page 4
Developed Property shall be further classified as Residential Property and Non-Residential
Property.
C. MAXIMUM SPECIAL TAX
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 Assigned Special Tax or
(ii) the Backup Special Tax.
(b) Assigned Special Tax
The Assigned Special Tax for each residential unit shall be based on the
Residential Floor Area of such unit. The Assigned Special Tax for Non-
Residential Property shall be based on the amount ofNon-Residential Floor
Area located on the Assessor's Parcel.
The Assigned Special Tax for each Land Use Class is shown below in Table
1.
TABLE 1
Assigned Special Tax for Developed Pronertv
Land
Use
Class
Description
Residential Floor Area
Assigned Special Tag
1 Residential Property > 1,250 sq. ft. $3,429 per unit
2 Residential Property 1,100 - 1,249 sq. ft. $3,048 per unit
3 Residential Property 900 - 1,099 sq. ft. $2,343 per unit
4 Residential Property 700 - 899 sq. ft. $1,477 per unit
5 Residential Property < 700 sq. ft. $1,307 per unit
6 Non-Residential Property Not Applicable $1.8594 per square foot of
Non-Residential Floor Area
(c) Backup Special Tax
The Backup Special Tax for each Assessor's Parcel of Residential Property
shall equal $1,999 per unit.
There shall be no Backup Special Tax levied on Non-Residential Property.
Notwithstanding the foregoing, if all or any portion of a Final Map is
Ciry of Anaheim August 30, 2006
CFD No. 06-2 (Stadium Lojts) Page S
subsequently changed or modified in a manner that results in fewer than 390
residential units, then the Backup Special Tax for each Assessor's Parcel of
Residential Property within the area that is changed or modified shall be a
rate per unit calculated as follows:
(1) Determine the total Backup Special Tax anticipated to apply to the
changed or modified portion of the Final Map prior to the change or
modification.
(2) The result of paragraph (a) above shall be divided. by the total number
of residential units which exist in such changed or modified Final
Map area, as reasonably determined by the CFD Administrator.
(3) The result is the Backup Special Tax per unit which shall be
applicable to all Assessor's Parcels of Residential Property in such
changed or modified portion of the Final Map.
2. Taxable Property Owner Association Property and Taxable Public Property
The Maximum Special Tax for Taxable Property Owner Association Property and
Taxable Public Property shall be $139,481 per Acre.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2007-08 and for each following Fiscal Year, the CFD
Administrator shall determine the Special Tax Requirement and the Council shall levy the
Special Tax 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 as needed to
satisfy the Special Tax Requirement;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, 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 in equal percentages from the Assigned Special
Tax up to the Maximum Special Tax for each such Assessor's Parcel;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, then the Special Tax shall be levied Proportionately on each
Acre of Taxable Property Owner Association Property at up to the Maximum Special Tax for
Taxable Property Owner Association Property;
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 Acre of Taxable Public Property at up to the Maximum Special Tax for Taxable Public
Property.
Ciry of Anaheim August 30, 2006
CFD No. 06-2 (Stadium Lofts) Page 6
Notwithstanding the above, under no circumstances shall the Special Tax levied against any
Assessor's Parcel of Residential Property for which an occupancy permit for private
residential use has been issued be increased by more than ten percent as a consequence of
delinquency or default by the owner of any other Assessor's Parcel within CFD No. 06-2.
E. EXEMPTIONS
No Special Tax shall be levied on up to 417,618 building square feet of Property Owner
Association Property and 0.4264 Acres of Public Property. Tax-exempt status will be
assigned by the CFD Administrator in the chronological order in which property becomes
Property Owner Association Property or Public Property.
Property Owner Association Property that is not exempt from the Special Tax under this
section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as
part of steps three and four in Section D.1 above at up to 100% of the applicable Maximum
Special Tax for Taxable Property Owner Association Property and Taxable Public Property.
F. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct
and requesting a refund may file a written notice of appeal and refund to that effect with the
CFD Administrator not later than one calendar year after having paid the Special Tax that is
disputed. The CFD Administrator shall promptly review the appeal, and if necessary, meet
with the property owner, consider written and oral evidence regarding the amount of the
Special Tax, and decide the appeal. If the CFD Administrator's decision requires the Special
Tax be modified or changed in favor of the property owner, a cash refund shall not be made
(except for the last year of levy), but an adjustment shall be made to the next Special Tax
levy. Any dispute over the decision of the CFD Administrator shall be referred to the City
Council and the decision of the City Council shall be final. This procedure shall be
exclusive and its exhaustion by any property owner shall be a condition precedent to any
legal action by such owner.
G. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that CFD No. 06-2 may directly bill the Special
Tax, may collect Special Taxes at a different time or in a different manner if necessary to
meet its financial obligations.
H. PREPAYMENT OF SPECIAL TAX
The Special Tax may be prepaid as described below.
The following definitions apply to this Section H:
City of Anaheim August 30, 2006
CFD No. 06-2 (Stadium Lofts) Page ~
"CFD Public Facilities" means either $7.7 million in 2006 dollars, which shall increase by
the Construction Inflation Index on July 1, 2007, and on each July 1 thereafter, or such lower
number as shall be determined by the Council concurrently with a covenant by CFD No. 06-
2, made for the benefit of the owners of Bonds, that no additional Bonds (other than
refunding Bonds issued under the Act) payable from the Special Tax will be issued by CFD
No. 06-2.
"Construction Fund" means a fund or account, however denominated, specifically
identified in the Indenture to hold funds which are available for expenditure to acquire or
construct public facilities eligible for financing by CFD No. 06-2 under the Act.
"Construction Inflation Index" means, for a Fiscal Year, the annual percentage change in
the En ing eerin~ News-Record Building Cost Index for the City ofLos 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 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 Construction Fund, (ii) moneys currently on deposit in the
Construction Fund, and (iii) moneys currently on deposit in an escrow fund that are expected
to be available to finance public facilities costs.
"Outstanding Bonds" means, for purposes of this Section H, all Bonds which are deemed
to be outstanding under the Indenture after the first interest and/or principal payment date
following the current Fiscal Year.
"Reserve Fund" means the fund established under the Indenture as a reserve for the
payment of principal of, and interest and any premium on, the Bonds.
1. Prepayment in Full
The Maximum Special Tax on any Assessor's Parcel of Developed Property maybe
prepaid. The Special Tax obligation applicable to such Assessor's Parcel in CFD
No. 06-2 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 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
(defined below) of such Assessor's Parcel. The CFD Administrator may charge a
reasonable fee for providing this calculation.
The Prepayment Amount shall be calculated as summarized below (capitalized terms
as defined below):
City of Anaheim August 30, 2006
CFD No. 06-2 (Stadium Lofts) Page 8
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount shall be calculated
as follows:
Paragraph No.•
Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. Compute the Maximum Special Tax for the Assessor's Parcel to be prepaid.
3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the
total Maximum Special Tax for the entire CFD No. 06-2 at buildout (adjusted
to reflect the reduction in Maximum Special Tax revenues from any
Assessor's Parcels which have prepaid their Special Tax obligation in full or
in part).
4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding
Bonds to compute the amount of Outstanding Bonds to be paid or redeemed
(the "Bond Redemption Amount").
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4
by the applicable redemption premium, if any, on the Outstanding Bonds to
be redeemed (the "Redemption Premium").
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 payment date following the current
Fiscal Year until the earliest redemption date for the Outstanding Bonds.
9. Determine the Special Tax 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 Prepayment Amount less the Future
Facilities Amount and the Administrative Fees and Expenses from the date of
City ojAnaheim August 30, 2006
CFD No. 06-2 (Stadium Lofts) Page 9
prepayment until the redemption date for the Outstanding Bonds to be
redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the
amount computed pursuant to paragraph 10 (the "Defeasance Amount").
12. Verify the administrative fees and expenses of No. 06-2, including the costs
of computation of the prepayment, the costs to invest the prepayment
proceeds, the costs of redeeming Bonds, and the costs of recording any
notices to evidence the prepayment and the redemption (the "Administrative
Fees and Expenses").
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of:
(a) the expected reduction in the Reserve Requirement, if any, associated
with the redemption of Outstanding Bonds as a result of the prepayment, or
(b) the amount derived by subtracting the new Reserve Requirement in effect
after the redemption of Outstanding Bonds as a result of the prepayment from
the balance in the Reserve Fund on the prepayment date, but in no event shall
such amount be less than zero.
14. The Special Tax prepayment is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 11 and 12, less the amount computed pursuant
to paragraph 13 (the "Prepayment Amount").
15. From the Prepayment Amount, the amounts computed pursuant to paragraphs
4, 5, 11, and 13 shall be deposited into the appropriate fund or account
established under the Indenture and be used to redeem Outstanding Bonds or
make debt service payments thereon. The amount computed pursuant to
paragraph 7 shall be deposited into the Construction Fund. The amount
computed pursuant to paragraph 12 shall be retained by CFD No. 06-2.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment
of Bonds. In such cases, the increment above $5,000 or integral multiple thereofwill
be retained in the appropriate fund or account established under the Indenture to be
used with the next redemption of Bonds or to make debt service payments thereon.
As a result of the payment of the current Fiscal Year's Special Tax levy as
determined under paragraph 11 (above), the CFD Administrator shall remove the
current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County
tax rolls. With respect to any Assessor's Parcel on which the Special Tax is prepaid
and permanently satisfied pursuant hereto, the Council shall cause a notice of
cancellation of special tax lien to be recorded incompliance with the Act, to indicate
the prepayment and permanent satisfaction of such Special Tax and the cancellation
of the Special Tax lien on such Assessor's Parcel.
City of Anaheim August 30, 2006
CFD No. 06-2 (Stadium Lofts) Page 10
2. Prepayment in Part
The Maximum Special Tax on any Assessor's Parcel of Developed Property may be
partially prepaid. The amount of the prepayment shall be calculated as in Section
H.1, except that a partial prepayment shall be calculated according to the following
formula:
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section H.l
F = the percent by which the owner of the Assessor's Parcel is partially
prepaying the Maximum Special Tax
A = the Administrative Fees and Expenses according to Section H.1
An owner of an Assessor's Parcel intending to partially prepay the Special Tax
obligation shall provide the CFD Administrator with (i) written notice of intent to
partially prepay and (ii) the percentage of the Special Tax to be prepaid. Within 30
days of receipt of such written notice, the CFD Administrator shall notify such owner
of the partial Prepayment Amount of such Assessor's Parcel. The CFD
Administrator may charge a reasonable fee for providing this calculation.
With respect to any Assessor's Parcel that is partially prepaid, CFD No. 06-2 shall
(i) distribute the funds remitted to it according to Section H.l .and (ii} indicate in the
records of CFD No. 06-2 that there has been a partial prepayment of the Special Tax
and that a portion ofthe Special Tax equal to the outstanding percentage (1.00 - F} of
the remaining Maximum Special Tax shall continue to be levied on such Assessor's
Parcel pursuant to Section D.
Notwithstanding the foregoing, no full or partial prepayment shall be allowed unless the
amount of the Maximum Special Tax that may be levied on Taxable Property (excluding
Taxable Property Owner Association Property and Taxable Public Property) within CFD No.
06-2 both prior to and after the proposed prepayment is at least 1.1 times the maximum
annual debt service on all Outstanding Bonds.
I. TERM OF SPECIAL TAX
The Special Tax shall be levied for a period not to exceed forty years commencing in Fiscal
Year 2007-08.
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