RES-2008-053RESOLUTION NO. 2008 053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM OF FORMATION OF CITY OF ANAHEIM
COMMUNITY FACILITIES DISTRICT NO. 08 -1
(PLATINUM TRIANGLE), AUTHORIZING THE LEVY OF
A SPECIAL TAX WITHIN THE DISTRICT AND
ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE
DISTRICT
WHEREAS, on January 29, 2008, 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. 08 -1 (Platinum Triangle), to authorize the levy of special
taxes within the Community Facilities District to finance certain public facilities 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 March 4, 2008, the City Council opened and continued said public
hearing to April 22, 2008;
WHEREAS, on this date, 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 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 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; 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 was heard;
WHEREAS, written protests against the establishment of the Community Facilities
District, the furnishing of any specified type or types of facilities within the Community
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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;
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. 08 -1 (Platinum Triangle)."
Section 4. The public facilities (the "Facilities proposed to be financed by the
Community Facilities District pursuant to the Act are described under the caption "Facilities" on
Exhibit A hereto, which is by this reference incorporated herein. Those Facilities proposed to be
purchased as completed public facilities are described under the caption "Facilities to be
Purchased" on Exhibit A hereto. The 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 B attached
hereto, which is by this reference incorporated herein. The conditions under which the
obligation to pay the special tax may be prepaid and permanently satisfied are specified in the
Rate and Method. The special tax will be collected in the same manner as ordinary ad valorem
property taxes or in such other manner as the City Council shall determine, including direct
billing of the affected property owners.
The tax year after which no further special tax to pay for public facilities will be levied
against any parcel used for private residential purposes is specified in the Rate and Method.
Under no circumstances shall the special tax to pay for public facilities levied against any parcel
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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% above the amount that would have been levied in that fiscal year had there never been any
such delinquency or default. 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
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 53340.2 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. 2008 000051133 in the County of Orange in Book 92 at Pages 48 -50 of Maps of
Assessments and Community Facilities Districts in the office of the County Recorder of the
County of Orange. The map entitled "Boundaries of City of Anaheim Community Facilities
District No. 08 -1 (Platinum Triangle) County of Orange, State of California" is on file with the
City Clerk.
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 $480,000,000.
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
OHS West:260382692.3
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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. 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 14. 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.
ATTEST:
Section 15. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Anaheim on April 22,
2008 by the following roll call vote:
AYES: Mayor
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
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Mayor
Facilities
FACILITIES, FACILITIES TO BE PURCHASED AND INCIDENTAL
EXPENSES
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, electric utility facilities, fire 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, storm drains, water facilities and
electric utility facilities.
EXHIBIT A
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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A -1
OHS West:260382692.3
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
B -1
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT NO. 08-1
(PLATINUM TRIANGLE)
To the extent provided herein a Special Tax shall be levied on all Assessor's Parcels of Taxable
Property in the City of Anaheim Community Facilities District No. 08 -1 (Platinum Triangle) and
collected each Fiscal Year commencing in Fiscal Year 2009 -10, in an amount determined by the
Council through the application of the procedures described below. All of the real property in CFD
No. 08 -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 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. 08 -1: the costs of computing the Special Taxes and
preparing the annual Special Tax collection schedules (whether by the City, CFD No. 08 -1,
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. 08 -1 or any
designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD
No. 08 -1 or any designee thereof of complying with City, CFD No. 08 -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.
08 -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; 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.
08 -1; and any other costs or third party expenses estimated or advanced by the City or CFD
No. 08 -1 for any other administrative purposes of CFD No. 08 -1.
"Approved Property" means, for each Fiscal Year, all Taxable Property for which a
Development Agreement was executed and delivered by the City after August 24, 2004 and
prior to March 1 of the previous Fiscal Year and which is not classified as Developed
Property.
City of Anaheim
CFD No. 08 -1 (Platinum Triangle)
March 17, 2008
Page 1
"Arena Property" means the property within the geographic area identified as Arena
Property on the map included in Exhibit A.
"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 Assessor of the County designating
parcels by Assessor's Parcel number.
"Assigned Special Tax" means the Special Tax for each Assessor's Parcel of Developed
Property, as determined in accordance with Section C.1 below.
"Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of
Developed Property, as determined in accordance with Section D 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. 08 -1 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. 08 1" means the City of Anaheim Community Facilities District No. 08 -1
(Platinum Triangle).
"City" means the City of Anaheim.
"Condominium" means a unit meeting the statutory definition of a condominium contained
in the California Civil Code Section 1351.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 08-
1.
"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 (excluding any permits for
additions to Existing Property where the addition is less than 1,000 square feet) was issued
after January 1, 2005 and prior to September 1 of the prior Fiscal Year.
"Development Agreement" means a development agreement, subdivision improvement
agreement, or other agreement between the City and an owner of property within CFD No.
08 -1 specifying the terms and conditions for the development of such property.
"Existing Arena Facility Possessory Interest" means a leasehold or other possessory
interest in all or a portion of the facilities located on the Arena Property that were in
existence on July 1, 2006 (as such facilities may be remodeled, refurbished, or repaired) that
City of Anaheim
CFD No. 08 -1 (Platinum Triangle)
March 17, 2008
Page 2
is granted by the City to a nonexempt person or entity. For purposes of calculating the
Special Tax, the Existing Arena Facility Possessory Interest shall equal 3.68 Acres. To the
extent that there is more than one possessory interest with respect to the existing facilities on
the Arena Property, the 3.68 Acres shall be allocated proportionately to each Existing Arena
Facility Possessory Interest by the CFD Administrator.
"Existing Stadium Facility Possessory Interest" means a leasehold or other possessory
interest in all or a portion of the facilities located on the Stadium Property that were in
existence on July 1, 2006 (as such facilities may be remodeled, refurbished, or repaired) that
is granted by the City to a nonexempt person or entity. For purposes of calculating the
Special Tax, the Existing Stadium Facility Possessory Interest shall equal 20.00 Acres. To
the extent that there is more than one possessory interest with respect to the existing facilities
on the Stadium Property, the 20.00 Acres shall be allocated proportionately to each Existing
Stadium Facility Possessory Interest by the CFD Administrator.
"Existing Property" means, for each Fiscal Year, (i) any Existing Arena Facility
Possessory Interests and Existing Stadium Facility Possessory Interests and (ii) all other
Taxable Property which has an improvement value that is greater than zero as provided by
the County Assessor and which is not classified as Developed Property, Approved Property,
Taxable Property Owner Association Property, or Taxable Public Property.
"Final Map" means (i) for property other than Condominiums, a final map approved by the
City pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.) that creates individual lots 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.
"Implementation Plan" means the City of Anaheim Platinum Triangle Implementation
Plan for Public Works Backbone Facilities Improvements dated January 2008 and prepared
by KFM Engineering, Inc.
"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.
"Initial Determination Date" means April 1 of the year in which the CFD Administrator
first determines that the Maximum Special Taxes can be reduced as provided in Section E.
"Land Use Class" means any of the classes listed in Table 1.
"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 constructed or to be
constructed on such Non Residential Property, not including space devoted to residential
City of Anaheim March 17, 2008
CFD No. 08 -1 (Platinum Triangle) Page 3
dwelling units, stairwells, basement or garage storage, 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.
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 a non residential use.
"Original CFD Property" means the property located within CFD No. 08 -1 at the time of
formation as identified in the boundary map for CFD No. 08 -1, as attached herein as Exhibit
B.
"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. 08 -1 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 Existing
Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal
for all Assessor's Parcels of Existing Property; (c) with respect to the Special Tax for
Approved Property that the ratio of the actual Special Tax levy to the Maximum Special Tax
is equal for all Assessor's Parcels of Approved Property; (d) with respect to the Special Tax
for Undeveloped Property that the ratio of the actual Special Tax levy to the Maximum
Special Tax is equal for all Assessor's Parcels of Undeveloped Property; (e) 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 (f) 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. 08 -1 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.
City of Anaheim
CFD No. 08 -1 (Platinum Triangle)
March 17, 2008
Page 4
"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 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, Approved Property, Existing Property,
Undeveloped 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. 08-1, to the extent that the inclusion of such amount does
not increase the Special Tax levy beyond the first step in Section F; (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.
"Stadium Property" means the property within the geographic area identified as Stadium
Property on the map included in Exhibit A.
"State" means the State of California.
"Subsequent Determination Date" means each April 1 for nine consecutive years
following the Initial Determination Date.
"Tax Rate Factor" or "TRF" means the numeric designation under the heading TRF in
Table 1 for each Land Use Class of Developed Property, which reflects the relationship
between the Assigned Special Tax for that Land Use Class as compared to the Assigned
Special Taxes for other Land Use Classes, and which is used in Section D below in the
calculation of the Backup Special Tax.
"Taxable Property" means, for each Fiscal Year, all of the property within the boundaries
of CFD No. 08 -1 which is not exempt from the Special Tax pursuant to law or Section G
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 G below.
City of Anaheim March 17, 2008
CFD No. 08-1 (Plafinum Triangle) Page 5
"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 G 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, Approved Property, Existing Property, Taxable Property Owner
Association Property, or Taxable Public Property.
"Update Approved Property" means, as of the date of any calculation, an Assessor's
Parcel of Existing Property or Undeveloped Property for which a Development Agreement
was executed and delivered by the City after August 24, 2004, but which has not yet been
classified as Update Developed Property or Approved Property.
"Update Developed Property" means, as of the date of any calculation, an Assessor's
Parcel of Existing Property, Undeveloped Property or Approved Property for which a
building permit for new construction has been issued after January 1, 2005, but which has
not yet been classified as Developed Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 08 -1 shall be classified as Developed
Property (which shall be further classified as Residential Property and Non Residential
Property), Approved Property, Existing Property, Taxable Property Owner Association
Property, Taxable Public Property, or Undeveloped Property, and shall be subject to the
Special Tax in accordance with the rate and method of apportionment determined pursuant to
Sections C, D, E and F below.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
(a) Maximum Special Tax
(b) Assigned Special Tax
City of Anaheim
CFD No. 08 -1 (Platinum Triangle)
The Maximum Special Tax for each Assessor's Parcel of Developed Property
shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special
Tax.
The Assigned Special Tax for each Assessor's Parcel of Residential Property
shall be based on the Residential Floor Area of the residential unit or units
constructed or to be constructed on such Assessor's Parcel. The Assigned
Special Tax for each Assessor's Parcel of Non Residential Property shall be
based on the amount of Non Residential Floor Area of the non residential
building or buildings constructed or to be constructed on such Assessor's
Parcel.
March 17, 2008
Page 6
Land Use
Class
TRF
Description
Residential Floor
Area
Assigned Special Tax
1
2.62
Residential Property
2,200 sq. ft.
$2,750 per unit
2
2.31
Residential Property
2,000 2,199 sq. ft.
$2,430 per unit
3
1.90
Residential Property
1,800 1,999 sq. ft.
$2,000 per unit
4
1.62
Residential Property
1,600 —1,799 sq. ft.
$1,700 per unit
5
1.43
Residential Property
1,400 1,599 sq. ft.
$1,505 per unit
6
1.10
Residential Property
1,200 —1,399 sq. ft.
$1,150 per unit
7
0.95
Residential Property
1,000 —1,199 sq. ft.
$995 per unit
8
0.76
Residential Property
800 999 sq. ft.
$795 per unit
9
0.56
Residential Property
800 sq. ft.
$585 per unit
10
NA
Non Residential Property
Not Applicable
$1.4624 per square foot of
Non Residential Floor Area
The Fiscal Year 2008 -09 Assigned Special Tax for each Land Use Class is
shown below in Table 1.
TABLE 1
Assigned Special Tax for Developed Property
Fiscal Year 2008 -09
(c) Increase/Decrease in the Assigned Special Tax
City of Anaheim
CFD No. 08 -1 (Platinum Triangle)
On each July 1, commencing on July 1, 2009, the Assigned Special Taxes
shall be increased by an amount equal to two percent (2 of the amount in
effect for the previous Fiscal Year; provided however, if the Special Taxes
for any Fiscal Year are reduced pursuant to Section E, the Assigned Special
Taxes for such Fiscal Year shall be the amounts calculated in Section E.3.
(d) Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain
more than one Land Use Class. The Assigned Special Tax for such
Assessor's Parcel shall be the sum of the Assigned Special Tax for all Land
Use Classes located on that Assessor's Parcel. The Maximum Special Tax
for such Assessor's Parcel shall be the sum of the Maximum Special Tax for
all Land Use Classes located on that Assessor's Parcel. For an Assessor's
Parcel that contains both Residential Property and Non Residential Property,
the Acreage of such Assessor's Parcel shall be allocated to each type of
property based on the building square footage designated for each land use as
determined by reference to the building permit approved for such Assessor's
Parcel. The CFD Administrator's allocation to each type of property shall be
final.
March 17, 2008
Page 7
Description
Maximum Special Tax
Approved Property
$100,000 per Acre
Existing Property
$5,104 per Acre
2. Approved Property and Existing Property
(a) Maximum Special Tax
TABLE 2
Maximum Special Tax for Approved Property and Existing Property
Fiscal Year 2008 -09
City of Anaheim
CFD No. 08 -1 (Platinum Triangle)
The Fiscal Year 2008 -09 Maximum Special Tax for Approved Property and
Existing Property is shown below in Table 2.
(b) Increase/Decrease in the Maximum Special Tax
D. BACKUP SPECIAL TAX
On each July 1, commencing on July 1, 2009, the Maximum Special Taxes
shall be increased by an amount equal to two percent (2 of the amount in
effect for the previous Fiscal Year; provided however, if the Special Taxes
for any Fiscal Year are reduced pursuant to Section E, the Maximum Special
Taxes for such Fiscal Year shall be the amounts calculated in Section E.3.
3. Undeveloped Property, Taxable Property Owner Association Property, and Taxable
Public Property
(a) Maximum Special Tax
The Fiscal Year 2008 -09 Maximum Special Tax for Undeveloped Property,
Taxable Property Owner Association Property, and Taxable Public Property
shall be $5,104 per Acre.
(b) Increase/Decrease in the Maximum Special Tax
On each July 1, commencing on July 1, 2009, the Maximum Special Tax
shall be increased by an amount equal to two percent (2 of the amount in
effect for the previous Fiscal Year; provided however, if the Special Taxes
for any Fiscal Year are reduced pursuant to Section E, the Maximum Special
Tax for such Fiscal Year shall be the amount calculated in Section E.3.
1. Calculation of Backup Special Tax
The Backup Special Tax shall be applicable to all Developed Property and, except as
provided in Sections D.2 and E below, shall be calculated by the CFD Administrator
March 17, 2008
Page 8
on the date of closing of each issue of Bonds, the date of each annexation of property
into CFD No. 08 -1, and on July 1 of each Fiscal Year. The Backup Special Tax for
each period calculated shall be the lesser of (a) $100,000 per Acre, or (b) the amount
per Acre calculated pursuant to the formula below, provided that the Backup Special
Tax shall be $0 if the amount calculated below results in an amount less than $0 per
Acre.
AST The sum of the Assigned Special Tax that could be levied on all
Developed Property in the current Fiscal Year, plus the Assigned Special Tax
that could be levied in the current Fiscal Year for all Assessor's Parcels of
Update Developed Property had they been classified as Developed Property
in the current Fiscal Year, plus 90% of the Maximum Special Tax that could
be levied on all Existing Property (excluding any Update Developed
Property) in the current Fiscal Year.
BTA The sum of the Acreage of property that is, as of the date of
calculation, Approved Property (excluding Update Developed Property) that
is within a Final Map, plus 85% of the Acreage of property that is, as of the
date of calculation, Approved Property (excluding Update Developed
Property) that is not within a Final Map, plus 85% of the Acreage of property
that is, as of the date of calculation, Undeveloped Property (excluding
Update Developed Property).
For the purpose of calculating the Backup Special Tax, the Acreage of a
Condominium unit shall be computed from the Acreage of the lot or parcel on which
the Condominium unit is located, with the Acreage for such lot or parcel allocated
among all of the Condominium units located on such lot or parcel based on each
Condominium unit' s proportionate share of the total Tax Rate Factor for such lot or
parcel as calculated by reference to Table 1.
In cases where a lot or parcel includes both Residential Property and Non Residential
Property (or Update Developed Property that will be classified as Residential
Property or Non Residential Property), the Acreage apportioned to each land use
shall be based on that land use's share of the total Residential Floor Area and Non
Residential Floor Area on such parcel.
City of Anaheim
CFD No. 08 -1 (Platinum Triangle)
[(MADS x 1.1) AE AST] BTA
MADS The sum of the discounted maximum annual gross debt service for
all Outstanding Bonds (including those Bonds currently being issued, if any).
MADS shall be computed by determining the Fiscal Year in which occurs
the maximum aggregate annual gross debt service for all Bonds and
discounting that amount from such Fiscal Year to the current Fiscal Year
using a discount rate reflecting the actual rate of increase (if any) of the debt
service on the Bonds.
AE Estimated Administrative Expenses for the current Fiscal Year.
March 17, 2008
Page 9
2. Increase in the Backup Special Tax
The Backup Special Tax determined pursuant to Section D.1 .(a) shall be applicable
for Fiscal Year 2008 -09, and shall increase by two percent (2 annually each Fiscal
Year commencing on July 1, 2009. The Backup Special Tax determined pursuant
to Section D.1.(b) shall be applicable in the Fiscal Year it is calculated, unless it is
recalculated in such Fiscal Year in connection with an issuance of CFD No. 08 -1
Bonds or the annexation of property into CFD No. 08 -1.
Except as provided in Section E below, when a building permit is issued for an
Assessor' s Parcel, its Backup Special Tax shall be permanently set based on the
Backup Special Tax rate then in effect and said Backup Special Tax on such
Assessor's Parcel shall increase by two percent (2 each Fiscal Year, commencing
on July 1, 2009, regardless of the issuance of additional CFD No. 08 -1 Bonds or the
annual recalculation of the Backup Special Tax.
E. SPECIAL TAX REDUCTION
The following definitions apply to this Section E:
"Annual Debt Service" means, for each Bond Year, the sum of (a) the interest due on the
Outstanding Bonds in such Bond Year, assuming that the Outstanding Bonds are retired as
scheduled (including by reason of mandatory sinking fund redemptions), and (b) the
principal amount of the Outstanding Bonds due in such Bond Year (including any mandatory
sinking fund redemptions due in such Bond Year).
"Bond Year" the period starting September 2 and ending on the following September 1.
"Corresponding Bond Year" means, for any Fiscal Year, the Bond Year that commences
in such Fiscal Year.
"Debt Service Coverage" means, as of the Initial Determination Date or any Subsequent
Determination Date, for any Fiscal Year, the quotient, expressed as a percentage, of (a) the
Net Projected Special Tax Revenues for such Fiscal Year, divided by (b) the Annual Debt
Service for the Corresponding Bond Year.
"Net Projected Special Tax Revenues" means, as of the Initial Determination Date or any
Subsequent Determination Date, for any Fiscal Year, the remainder of (a) the Projected
Special Tax Revenues for such Fiscal Year, minus (b) the Projected Administrative Expenses
for such Fiscal Year.
"Projected Administrative Expenses" means, as of the Initial Determination Date or any
Subsequent Determination Date (a) for the Fiscal Year in which such Initial Determination
Date or Subsequent Determination Date occurs, 110% of the average actual Administrative
Expenses for the preceding five Fiscal Years, and (b) for any subsequent Fiscal Year, the
amount resulting from increasing the Projected Administrative Expenses on each July 1,
from and including the July 1 next succeeding such Initial Determination Date or Subsequent
City of Anaheim
CFD No. 08 -1 (Platinum Triangle)
March 17, 2008
Page 10
Determination Date to and including the July 1 in such Fiscal Year by 2% of the amount in
effect for the previous Fiscal Year.
"Projected Special Tax Revenues" means, as of the Initial Determination Date or any
Subsequent Determination Date, for any Fiscal Year, based on the tax classifications for the
Fiscal Year commencing on the July 1 next succeeding such Initial Determination Date or
Subsequent Determination Date, the sum of (a) the amount of Assigned Special Taxes that
may be levied on all Developed Property pursuant to the Act and this Rate and Method of
Apportionment in such Fiscal Year taking into account the loss of any Special Taxes from
Developed Property that will no longer be taxed pursuant to Section K (Term of Special
Tax), plus (b) 90% of the amount of Maximum Special Taxes that may be levied on all
Existing Property pursuant to the Act and this Rate and Method of Apportionment in such
Fiscal Year.
"Reduction Percentage" means, as of the Initial Determination Date or any Subsequent
Determination Date, if (a) the Assigned Special Tax for each category of Developed
Property (based on the tax classifications for the Fiscal Year commencing on the July 1 next
succeeding such Initial Determination Date or Subsequent Determination Date) is reduced by
an equal percentage amount in each Fiscal Year from the Fiscal Year commencing on the
July 1 next succeeding such Initial Determination Date or Subsequent Determination Date to
and including the Fiscal Year ending on the June 30 next preceding the final maturity date of
the Outstanding Bonds, (b) the Maximum Special Tax for Existing Property (based on the
tax classification for the Fiscal Year commencing on the July 1 next succeeding such Initial
Determination Date or Subsequent Determination Date) is reduced by an equal percentage
amount in each Fiscal Year from the Fiscal Year commencing on the July 1 next succeeding
such Initial Determination Date or Subsequent Determination Date to and including the
Fiscal Year ending on the June 30 next preceding the final maturity date of the Outstanding
Bonds, and (c) the Assigned Special Tax for Developed Property and the Maximum Special
Tax for Existing Property are reduced by an equal percentage amount in each such Fiscal
Year, the greatest percentage amount by which the Assigned Special Tax for each category
of Developed Property and the Maximum Special Tax for Existing Property could be
reduced that would not cause the Debt Service Coverage in any Fiscal Year from the Fiscal
Year commencing on the July 1 next succeeding such Initial Determination Date or
Subsequent Determination Date to and including the Fiscal Year ending on the June 30 next
preceding the final maturity date of the Outstanding Bonds to be less than 120 If the Debt
Service Coverage is less than 120% the Reduction Percentage shall equal 0
1. Initial Determination of Reduction
On the first April 1 following the date that (i) all authorized Bonds have been issued
or the Council has adopted a resolution determining that CFD No. 08 -1 will not issue
any additional Bonds (except refunding Bonds in accordance with the Act) and (ii)
the Council has adopted a resolution determining that the Special Tax will no longer
be levied to pay directly for the acquisition or construction of improvements
identified in the Implementation Plan including those improvements referred to as
"unfunded," the CFD Administrator shall determine if all of the following are true:
City of Anaheim
CFD No. 08 -1 (Platinum Triangle)
(a) The balance in the reserve fund established under the Indenture is at
or above the Reserve Requirement;
March 17, 2008
Page 11
(b) CFD No. 08 -1 is not in default in the payment of interest on and
principal of all Outstanding Bonds;
(c) Debt Service Coverage for each Fiscal Year from the Fiscal Year
commencing on the July 1 next succeeding such Initial Determination
Date or Subsequent Determination Date to and including the Fiscal
Year ending on the June 30 next preceding the final maturity date of
the Outstanding Bonds is at least equal to 100 and
(d) The delinquency rate as of June 30 of the prior Fiscal Year for
Special Taxes levied for each prior Fiscal Year did not exceed ten
percent (10 of the amount levied for such Fiscal Year.
If all four of the above items are true, then the Assigned Special Tax and Backup
Special Tax for all parcels of Developed Property and the Maximum Special Tax for
all parcels of Existing Property, Approved Property, Undeveloped Property, Taxable
Public Property, and Taxable Property Owner Association Property shall be reduced
by the amount, if any, determined in Section E.3.
If any one of the four items is not true as of the first April 1 following the date that
all authorized Bonds have been issued or the Council has adopted a resolution
determining that CFD No. 08 -1 will not issue any additional Bonds (except refunding
Bonds in accordance with the Act), then the CFD Administrator shall continue to
make such determination each following April 1, until all of the tests are met.
The first April 1 on which all four items are true shall be considered the Initial
Determination Date.
2. Subsequent Determination of Reduction
On each April 1 for nine consecutive years following the Initial Determination Date,
the CFD Administrator shall determine if all four of the items in Section E.2 are true.
If all four items are true as of such Subsequent Determination Date, then the
Assigned Special Tax and Backup Special Tax for all parcels of Developed Property
and the Maximum Special Tax for all parcels of Existing Property, Approved
Property, Undeveloped Property, Taxable Public Property, and Taxable Property
Owner Association Property shall be reduced by the amount, if any, determined in
Section E.3.
If any one of the four items is not true, then the Assigned Special Tax and Backup
Special Tax for all parcels of Developed Property and the Maximum Special Tax for
all parcels of Existing Property, Approved Property, Undeveloped Property, Taxable
Public Property, and Taxable Property Owner Association Property shall not be
reduced and shall remain at the amount that otherwise would have been in effect
pursuant to this RMA.
3. Calculation of Reduction
The Special Tax reduction shall be calculated by the CFD Administrator as follows:
(a) Determine the Projected Special Tax Revenues for each Fiscal Year
City of Anaheim
CFD No. 08 -1 (Platinum Triangle)
March 17, 2008
Page 12
from the Fiscal Year commencing on the July 1 next succeeding such
Initial Determination Date or Subsequent Determination Date to and
including the Fiscal Year ending on the June 30 next preceding the
final maturity date of the Outstanding Bonds;
(b) Determine the Projected Administrative Expenses for each Fiscal
Year from the Fiscal Year commencing on the July 1 next succeeding
such Initial Determination Date or Subsequent Determination Date to
and including the Fiscal Year ending on the June 30 next preceding
the final maturity date of the Outstanding Bonds;
(c) Determine the Debt Service Coverage for each Fiscal Year from the
Fiscal Year commencing on the July 1 next succeeding such Initial
Determination Date or Subsequent Determination Date to and
including the Fiscal Year ending on the June 30 next preceding the
final maturity date of the Outstanding Bonds;
(d) Determine the Reduction Percentage.
The Assigned Special Tax for each Land Use Class of Developed Property for the
Fiscal Year commencing on the July 1 following the applicable Initial Determination
Date or Subsequent Determination Date shall be reduced from the amount that
otherwise would have been in effect pursuant to this RMA by a percentage amount
equal to the Reduction Percentage.
The Maximum Special Tax for Existing Property and Approved Property for the
Fiscal Year commencing on the July 1 following the applicable Initial Determination
Date or Subsequent Determination Date shall be reduced from the amount that
otherwise would have been in effect pursuant to this RMA by a percentage amount
equal to the Reduction Percentage.
The Maximum Special Tax for Undeveloped Property, Taxable Public Property, and
Taxable Property Owner Association Property for the Fiscal Year commencing on
the July 1 following the applicable Initial Determination Date or Subsequent
Determination Date shall be reduced from the amount that otherwise would have
been in effect pursuant to this RMA by a percentage amount equal to the Reduction
Percentage.
The Backup Special Tax for Developed Property shall be reduced to $0 commencing
on the July 1 following the Initial Determination Date.
4. Certificate of CFD Administrator
Upon completion of the tests identified in Section E.1 and the calculations in Section
E.3, the CFD Administrator shall prepare a Certificate of CFD Administrator that
sets forth the results of such tests and the resulting reduced Special Tax rates.
5. Recordation of Revised Notice
Upon receipt of a Certificate of CFD Administrator, an addendum to the Notice of
Special Tax Lien shall be recorded. Such addendum shall include the tables in the
form of Exhibit C and shall clearly set forth the revised Special Tax rates.
City of Anaheim
CFD No. 08 -1 (Platinum Triangle)
March 17, 2008
Page 13
F. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2009 -10 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 and Existing Property at up to 100% of the applicable Assigned Special
Tax for Developed Property and at up to 90% of the Maximum Special Tax for Existing
Property, as applicable, 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, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Approved Property at up to 90% of the Maximum Special Tax for
Approved Property as needed to satisfy the Special Tax Requirement;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the levy of the Special Tax for each Assessor's Parcel of
Approved Property and Existing Property shall be increased Proportionately at up to 100%
of the Maximum Special Tax for Approved Property or Existing Property, as applicable;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for
Undeveloped Property;
Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the first
four 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 in equal percentages from the Assigned Special
Tax up to the Maximum Special Tax for each such Assessor's Parcel;
Sixth: If additional monies are needed to satisfy the Special Tax Requirement after the first
five steps have been completed, then the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the
Maximum Special Tax for Taxable Property Owner Association Property, as applicable; and
Seventh: If additional monies are needed to satisfy the Special Tax Requirement after the
first six steps have been completed, then the Special Tax shall be levied Proportionately on
each Assessor's Parcel of Taxable Public Property at up to 100% of the Maximum Special
Tax for Taxable Public Property.
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 10% as a consequence of
delinquency or default by the owner of any other Assessor's Parcel within CFD No. 08 -1.
City of Anaheim
CFD No. 08-1 (Platinum Triangle)
March 17, 2008
Page 14
G. EXEMPTIONS
In accordance with law, property owned by a public agency at the time of formation of CFD
No. 08 -1 (excluding all property leased by a public agency to a private entity and subject to
taxation under Section 53340.1 of the Act) shall be exempt from the Special Tax so long as
such property continues be owned by a public agency.
In addition, no Special Tax shall be levied in any Fiscal Year on up to 50 Acres of property
that is classified for such Fiscal Year as Property Owner Association Property or Public
Property that is within the Original CFD 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.
No Special Tax shall be levied on Public Property that is not within the Original CFD
Property.
Property Owner Association Property or Public Property that is not exempt from the Special
Tax under this section shall be classified as Taxable Property Owner Association Property or
Taxable Public Property and be subject to the levy of the applicable Maximum Special Tax
for Taxable Property Owner Association Property or Taxable Public Property.
H. 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.
I. 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. 08 -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.
J. PREPAYMENT OF SPECIAL TAX
The Special Tax may be prepaid as described below.
The following definitions apply to this Section J:
City of Anaheim
CFD No. 08 -1 (Platinum Triangle)
March 17, 2008
Page 15
"CFD Public Facilities Capacity" means, as of any date, the sum of any construction
proceeds previously generated and construction proceeds expected to be generated from
future bond issues that can be supported from expected Special Tax revenues from all
current Developed Property, Update Developed Property (assuming it is taxed as Developed
Property), Approved Property (assuming it is taxed as Developed Property), Update
Approved Property (assuming it is taxed as Developed Property), and Existing Property
within CFD No. 08 -1 Less estimated annual Administrative Expenses; provided however, that
as of the date of formation of CFD No. 08 -1, the CFD Public Facilities Capacity shall equal
$154.8 million; and provided further, that the CFD Public Facilities Capacity shall not
exceed $221.3 million in 2007 dollars, as escalated by the Construction Inflation Index on
July 1, 2008, and on each July 1 thereafter. The CFD Administrator shall determine the CFD
Public Facilities Capacity as of the date of each prepayment.
"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. 08 -1 under the Act, including
funds resulting from the levy of Special Taxes to pay directly for the acquisition or
construction of authorized facilities.
"Construction Inflation Index" means, for a Fiscal Year, 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 Administrator that is reasonably comparable to the Engineering News Record Building
Cost Index for the City of Los Angeles.
"Future Facilities Costs" means, as of any date, the CFD Public Facilities Capacity 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. Notwithstanding the
foregoing, if the Council makes a covenant 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. 08 -1, the Future Facilities Costs shall be reduced to $0.
"Outstanding Bonds" means, for purposes of this Section J, 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. Developed Property and Update Developed Property
A. Prepayment in Full
City of' Anaheim
CFD No. 08 -1 (Platinum Triangle)
The Special Tax on any Assessor's Parcel of Developed Property or Update
Developed Property may be prepaid and permanently satisfied. The Special
Tax obligation applicable to such Assessor's Parcel in CFD No. 08 -1 may be
fully prepaid and the obligation of the Assessor's Parcel to pay the Special
March 17, 2008
Page 16
City of Anaheim
CFD No. 08 -1 (Platinum Triangle)
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) for 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):
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.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's
Parcel.
2. 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 Update Developed
Property, compute the Assigned Special Tax and Backup Special Tax
for that Assessor's Parcel as though it were already classified as
Developed Property, based upon the building permit which has
already been issued for that Assessor's Parcel.
3. (a) Divide the Assigned Special Tax computed pursuant to paragraph
2 by the total estimated Assigned Special Tax and Maximum Special
Tax for all current Developed Property, Update Developed Property
(assuming it is taxed as Developed Property), Approved Property
(assuming it is taxed as Developed Property), Update Approved
Property (assuming it is taxed as Developed Property), and Existing
Property within CFD No. 08 -1, and
(b) Divide the Backup Special Tax computed pursuant to paragraph 2
by the total estimated Backup Special Tax for Developed Property
and Maximum Special Tax for Existing Property as of the date of the
prepayment calculation for such parcel. For Update Developed
March 17, 2008
Page 17
City of Anaheim
CFD No. 08 -1 (Platinum Triangle)
Property, Approved Property and Update Approved Property estimate
the Backup Special Tax using the then applicable amount computed
pursuant to Section D or Section E (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 larger quotient computed pursuant to paragraph 3(a) or
3(b) 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
6. Compute the current Future Facilities Costs.
7. Multiply the larger quotient computed pursuant to paragraph 3(a) or
3(b) 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 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. 08 -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
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
March 17, 2008
Page 18