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HomeMy WebLinkAboutResolution 2006-128 N.C.S. 07/17/2006 Resolution No. 2006-128 N.C.S. of the City of Petaluma, California RESOLUTION OF FORMATION OF SPECIAL TAX DISTRICT CITY OF PETALUMA Special Tax District No. 2006-01 (Theatre District Area) RESO><,VED, by the City Council (the "Council") of the City of Petaluma (the "City"), State of California that: WHEREAS, under the City of Petaluma Special Tax Procedure Code (the "Code"), which is located at Chapter 4.40 of Title 4 of the Petaluma Municipal Code, this Council is authorized to establish a special tax district and to act. as the legislative body for a special tax district; and, WHEREAS, the Code incorporates the Mello-Roos Community Facilities Act of 1982 (the "Act") into the Code; and, WHEREAS, on May 1, 2006, this Council adopted a resolution entitled "A Resolution of Intention to Establish a Special Tax District" (the "Resolution of Intention"), stating its intention to form "City of Petaluma Special Tax District No. 2006-01 (Theatre District Area)" (the "TD"), of the City pursuant to the Code; and, WHEREAS, the Resohrtion of Intention, incorporating a map of the proposed. boundaries of the TD (the "Original Boundary Map") and stating the facilities and services to be provided and the rate and method of apportionment of the special tax (the "Original Rate and Method") to be Levied within the TD to pay the principal and interest on bonds proposed to be issued with respect to the TD and to finance the services, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and, WHEREAS, City staff has proposed (i) revising the Original Boundary Map to remove certain properties from the boundaries of the TD, and an Amended Map of Proposed Boundaries has been filed with the City Clerk as of the date hereof and (ii) amending the Rate and Method to eliminate the financing of services, and a proposed amendment and restatement of the Original Rate and Method (the "Amended and Restated Rate and Method") is attached hereto as Exhibit B and hereby incorporated herein; and, WHEREAS, on this date, this Council held a noticed public hearing as required by the Code and the Resolution of Intention relative to the proposed formation of the TD; and, WHEREAS, at the hearing all interested persons desiring to be heard. on all matters pertaining to the formation of the TD, the facilities to be provided therein and the levy of said special tax were heard and a full and fair hearing was held; and, Resolution No. 2006-128 N.C.S. Page 1 WHEREAS, at the hearing evidence was presented to this Council on said matters before it, including a report caused to be prepared by the City's Director of Economic Development. (the "Report") as to the facilities to be provided through the TD and the costs thereof, a copy of which is on file with the City Clerk, and this Council at the conclusion of said hearing is fully advised in the premises; and WHEREAS, written protests with respect to the formation of the TD, the furnishing of specified types of facilities, and the Amended and Restated Rate and Method, have not been filed with the City Clerk by 50% or more of the~registered voters residing within the territory of the TD or property owners of one-half or more of the area of land within the TD and not exempt from the proposed special tax. NOW, THEREFORE, IT IS ORDERED as follows: 1. Recitals Correct. The foregoing recitals are true and correct. 2. No Majority Protest. The proposed special tax to be levied within the TD has not been precluded by majority protest pursuant to Section 53324 of the Act. 3. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the TD and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Code. 4. Name of TD. The special tax district designated "City of Petaluma Special Tax District No. 2006-01 (Theatre District Area)" is hereby established pursuant to the Code. 5. Boundaries of TD. The Original Boundary Map was recorded in the Sonoma County Recorder's Office on May 15, 2006 at 8:27 a.m. in Book 694 at Page 27, as Document 2006059861 of Maps of Assessment and Community Facilities Districts. City staff is hereby directed to cause to be prepared and recorded in the Sonoma County Recorder's Office an Amended Boundary Map showing as within the boundaries of the TD only those properties shown in Exhibit C to the Report as owned by Petaluma Theatre District LLC, Petaluma Mill Investors LLC, Basin Street Town Center LLC and Petaluma Theatre Square LLC. Such Amended Boundary Map is hereby approved and the boundaries shown on such Amended Boundary Map shall be the boundaries of the TD. The City Clerk is hereby authorized and directed to cause the Amended Boundary Map to be completed and filed in the Sonoma County Recorder's Office within 10 days of the adoption of this resolution. The City's Director of Economic Development is further hereby directed to prepare an amended Report reflecting the boundaries of the TD and to file such amended Report with the City Clerk. 6. Description of Facilities. The type of public facilities proposed to be financed by the TD and pursuant to the Code shall consist of those items listed as facilities in Exhibit A hereto and by this reference incorporated herein (the "Facilities"). The TD shall not finance services. Resolution No. 2006-128 N.C.S. Page 2 7. Special Tax. a. Except to the extent that funds are otherwise available to the TD to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the TD issued to finance the Facilities, a special tax (the "Special Tax") sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the TD, is intended to be Tevied annually within the TD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council. b. The Amended and Restated Rate and Method, in the form prepared by City staff to reflect the boundaries of the TD as described in Section 5 above, is hereby approved. c. In the case of any Special Tax to pay for the Facilities and to be levied against any parcel used for private residential purposes: (i) the maximum special tax shall be specified as a dollar amount which shall be calculated and thereby established not later than the date on which the parcel is first subject to the tax because of its use for private residential purposes and which amount shall not be increased over time over 2% per year; (ii) the tax year after which no further Special Tax subject to this sentence shall be levied or collected shall be as set forth in Exhibit B hereto; and (iii) under no circumstances will the Special Tax levied against any parcel subject to this sentence be increased as a consequence of delinquency or default by the owner of any other parcel within the TD by more than 10%. For the purposes hereof, a parcel is used for "private residential purposes" not later than the date on which an occupancy permit for private residential use is issued. 8. Increased Demands. It is hereby found and determined that the Facilities are necessary to meet increased demands placed upon local agencies as the result of development occurring in the TD. 9. Responsible Official. The Director of Finance of the City of Petaluma, City Hall, 1.1 English Street, Petaluma, California 94952, (707) 778-4352, is the officer of the City who will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and who will be responsible for estimating future special tax levies pursuant to the Code. 10. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code of California, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the TD 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 ceases. 11. Appropriations Limit. In accordance with the Code, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the TD is hereby preliminarily established at $2,100,000, and said appropriations limit shall be submitted to the voters of the TD as hereafter provided. The proposition establishing said annual appropriations limit shall Resolution No. 2006-128 N.C.S. Page 3 become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Code. 12. Election. Pursuant to the provisions of the Code, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the TD at an election. The time, place and conditions of the election shall be as specified by a separate resolution of this Council. 13. Effective Date. This resolution shall take effect upon its adoption. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approv to Council of the City of Petaluma at a Regular meeting on the 17`~ day of July, 2006, fo by the following vote: City Attorn AYES: Mayor Glass, Harris, Healy, Nau, O'Brien, Torliatt NOES: None ABSENT: None ABSTAIN: None ~ ~ ATTEST: ~ City Clerk Mayor Resolution No. 2006-128 N.C.S. Page 4 EXHIBIT A CITY OF PETALUMA Special Tax District No. 2006-01 (Theatre District Area) DESCRIPTION OF FACILITIES TO BE FINANCED BY THE TD The Facilities shown below are proposed to be financed by "City of Petaluma Special Tax District No. 2006-01 (Theatre District Area)" (the "TD") of the City of Petaluma (the "City"). The Facilities shall include the attributable costs of engineering, design, planning and coordination, together with the expenses related to the issuance and sale of any special tax bonds, including underwriters' discount, appraisals, reserve fund, capitalized interest, bond counsel., special tax consultant, bond and official statement printing and all other expenses incidental thereto. The Facilities shall be constructed, whether or not acquired in their completed states, pursuant to the plans and specifications approved by the City and the officials thereof, including the City Engineer. The Facilities include water, sewer and stormwater improvements; demolition and construction of streets and sidewalks; acquisition and installation of street signals and street lights; landscaping; undergrounding of existing utility lines; street furniture (including, but not limited to, tree grates, water fountains, art, bike racks, benches, and trash receptacles); and remediation of contaminated soil. Resolution No. 2006-128 N.C.S. Page 5 EXHIBIT B AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT FOR CITY OF PETALUMA SPECIAL TAX DISTRICT NO.2006-01 (THEATRE DISTRICT AREA) July 17, 2006 A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in City of Petaluma Special Tax District No. 2006-01 (Theatre District Area) ("TD No. 2006-01 and collected each fiscal year commencing in Fiscal Year 2006-07, in an amount determined by the City Council through the application of the appropriate Special Tax as described below. All of the real property in TD No. 2006-01, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent. and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area (excluding public rights-of--way) 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 parcel map (excluding public rights-of--way). If the land area is presented in square footage, then the Acreage equals the parcel square footage divided by 43,560 square feet. "Act" means the City of Petaluma Special Tax Procedure Code, being Chapter 4.40, Title 4, of the Petaluma Municipal Code. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of TD No. 2006-O1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City 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, TD No. 2006-01 or any designee thereof of complying with arbitrage. rebate requirements; the costs to the City, TD No. 2006-O1 or any designee thereof of complying with disclosure requirements of the City, TD No. 2006-01 or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated. with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, TD No. 2006-01 or any designee thereof related to any appeal of the Special Tax; the costs associated with the release of funds from an escrow or appeals account, including appraisal costs; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated by the TD Administrator or advanced by the City or TD No. 2006-01 for any other administrative purposes of TD No. 2006- 01, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number. Resolution No. 2006-128 N.C.S. Page 6 "Assessor's Parcel Map" means an official map of the Assessor of the County of Sonoma designating parcels by Assessor's Parcel number. "Assigned Improvement Special Tax" means the Improvement Special Tax for each Taxable Property, as determined in accordance with Section C below. "Backup Improvement Special Tax" means the Improvement Special Tax applicable to each Assessor's Parcel of Taxable Property, as determined in accordance with Section C (1) below. "Bonds" means any binding obligation including bonds or other debt (as defined in Section 53317(d) of the California Government Code), whether in one or more series, issued by TD No. 2006-01 under the Act. "TD Administrator" means the person or firm that the City of Petaluma chooses to make responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "TD No. 2006-01" means City of Petaluma Special Tax District No. 2006-01 (Theatre District Area). "City" means the City of Petaluma located in the County of Sonoma, State of California. "City Council" means the City Council of the City of Petaluma, acting as the legislative body of TD No. 2006-01. "County" means the County of Sonoma. "Exempt Property" means any property not subject to the Special Tax as described under Section I. "Final Map" means (i) a final map or parcel 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 for which building pernlits 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. "Fiscal Year" means the period starting July 1 and ending on the following June 30. . "Improvement Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel to fund the Improvement Special Tax Requirement. "Improvement Special Tax Requirement" means that amount required in any Fiscal Year for TD No. 2006-01 to pay the sum of: (i) debt service on all Outstanding Bonds which is due in the calendar year that commences in such fiscal year; (ii) periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) Administrative Expenses; (iv) any amounts required to establish or replenish any reserve funds for all Bonds issued or to be issued by TD No. 2006-01; and (v) any amounts required for construction of facilities eligible under the Act. In arriving at the Improvement Special Tax Requirement, the TD Administrator shall take into account the reasonably anticipated delinquent Improvement Special Taxes based on the delinquency rate for Improvement Special Taxes levied in the previous Fiscal Year (and such other reasonable factors identified by the TD Administrator Resolution No. 2006-128 N.C.S. Page 7 and/or the City) and shall give a credit for funds available to reduce the annual Improvement Special Tax levy. "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. "Maximum Improvement Special Tax" means the maximum Improvement Special Tax, determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel. "Outstanding Bonds" means all Bonds that are deemed to be outstanding under the Indenture. "Parcel" means an Assessor's Parcel. "Proportionately" means, in any Fiscal Year, that the ratio of the actual Special Tax levy to the Assigned Special Tax is equal for all Assessor's Parcels, or where the Backup Improvement Special Tax is being levied, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels upon which a Backup Improvement Special Tax is being levied. "Public Property" means any property within the boundaries of TD No. 2006-01 that is transferred to a public agency on or after the date of formation of TD No. 2006-01 and is used for rights-of--way, or any other purpose and is owned by or dedicated to the federal government, the State of California, 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 California Government Code shall be taxed and classified in accordance with its use. Privately-owned property that is otherwise completely constrained by public use and necessity through easement, lease or license shall be considered Public Property. "Special Taxes" means, collectively or individually, as applicable, the Improvement Special Tax. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of TD No. 2006- 01, which are not exempt from the Special Tax pursuant to law or Section I below. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. B. CLASSIFICATION OF PROPERTIES Each Fiscal Year, all Property within TD No. 2006-O1 shall be classified as Taxable Property or Exempt Property as of May 1 and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D unless otherwise exempted by Section I. Once classified as Taxable Property, a parcel may not be subsequently changed to Exempt Property without the Improvement Special Tax being paid off in full in accordance with Section G. Resolution No. 2006-.128 N.C.S. Page 8 C. IMPROVEIVIENT SPECIAL TAX RATE Assigned Improvement Special Tax The initial Assigned Improvement Special Tax for each property is $26,916 per acre. Increase in the Assigned Improvement Special Tax The initial Assigned Improvement Special Taxes shall be applicable for Fiscal Year 2006-07, and shall increase thereafter, commencing on July 1, 2007 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Improvement Special Tax for the previous Fiscal Year. Backup Improvement Special Tax The initial Backup Improvement Special Tax shall be equal to the amounts shown in Table 1 below. The Map No. refers to the Proposed Boundary Map for TD No. 2006-01, a reduced copy of which is provided at the end of this Rate and Method of Apportionment. TABLE 1 Initial Backup Improvement Special Tax Backup Backup Map Improvement Map Improvement No. APN Special Tax No. APN Special Tax 5 008-121-001 $11,304.72 23 008-054-005 $23,686.08 6 008-121-007 $9,420.60 24 008-065-005 $4,844.88 7 008-121-008 $15,880.44 25 008-065-004 $4,844.88 8 008-121-009 $15,880.44 26 008-065-002. $22,609.44 9 008-121-010 $12,11.2.20 27 008-065-003 $4,037.40 10 008-121-011 $9,689.76 28 008-066-007 $3,499.08 11 008-1.21-012 $15,072.96 29 008-066-006 $7,536.48 18 008-068-003 $9,420.60 30 008-066-002 $7,805.64 20 008-068-002 $9,.151.44 31 008-066-003 $6,190.68 21 008-068-001 $9,151.44 32 008-066-009 $12,112.20 In the event an Assessor's Parcel subdivides, the Backup Improvement Special Tax shall be apportioned to the newly subdivided lots based on the Acreage of the new lots. If two or more Assessor's Parcels combine, the Backup Improvement Special Tax for each Assessor's Parcel shall be combined. The Backup Improvement Special Tax shall not change in the event an Assessor's Parcel experiences a reduction in Acreage due to the dedication or irrevocable dedication of public property, public right-of--way, or public easement. Increase in the Backup Improvement Special Tax The initial Backup Improvement Special Taxes shall be applicable. for Fiscal Year 2006-07, and shall increase thereafter, commencing on July 1, 2007 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Improvement Special Tax for the previous Fiscal Year. Resolution No. 2006-128 N.C.S. Page 9 Maximum Im rovement S ecial Tax The Maximum Improvement Special Tax for each Assessor's Parcel shall be the greater of (i) the amount derived by application of the Assigned Improvement Special Tax or (ii) the amount derived by application of the Backup Improvement Special Tax. D. METHOD OF APPORTIONMENT OF THE IMPROVEMENT SPECIAL TAX Commencing with Fiscal Year 2006-07 and for each following Fiscal Year, the City Council shall levy the Improvement Special Tax until the amount of Improvement Special Tax levied equals the Improvement Special Tax Requirement. The Improvement Special Tax shall be levied each Fiscal Year as follows: First: The Improvement Special Tax shall be levied proportionately on each Assessor's Parcel at up to 100% of the applicable Assigned Improvement Special Tax; Second: If additional monies are needed to satisfy the Improvement Special Tax Requirement after the first step has been completed, then the levy of the Improvement. Special Tax on each Assessor's Parcel whose Maximum Improvement Special Tax is determined through the application of the Backup Improvement Special Tax shall be increased Proportionately from the . Assigned Improvement Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. E. MANNER OF COLLECTION OF IMPROVEMENT SPECIAL TAX The Improvement Special Tax shall be collected in the same manner and at the .same time as ordinary ad valorem property taxes; provided, however, that TD No. 2006-01 may directly bill the Improvement Special Tax, may collect Improvement Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. F. PREPAYMENT OF IMPROVEMENT SPECIAL TAX PRIOR TO BOND ISSUE Full prepayments of Improvement Special Taxes may be made for any Parcel(s) subject to the levy of the Improvement Special Taxes prior to the issuance of Bonds if the request to make a prepayment is received by the TD Administrator no less than 30 days prior to the sale of Bonds. A Parcel's entire Improvement Special Tax obligation may be prepaid prior to the issuance of Bonds in an amount calculated by multiplying the current Maximum Improvement Special Tax for any Parcel(s) by a factor of 9.50. With respect to any Parcel that is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Improvement Special Taxes and the release of the Improvement Special Tax lien on such Parcel, and the obligation of such Parcel to pay the Improvement Special Tax shall cease. G. PREPAYMENT OF IMPROVEMENT SPECIAL TAX AFTER BOND ISSUE The following definitions apply to this Section G: Resolution No. 2006-128 N.C.S. Page ]0 "TD Public Facilities Costs" means either $3,571,600 in 2006 dollars, which shall increase by the Construction Inflation Index (as defined below) on July 1, 2007, and on each July 1 thereafter, or such lower number as (i) shall be determined by the TD Administrator as sufficient to provide the public facilities to be provided by TD No. 2006-01 under the authorized bonding program for TD No. 2006-01, or (ii) shall be determined by the Council concurrently with a covenant that it will not issue any more Bonds to be supported by the Improvement Special Tax levied under this Rate and Method of Apportionment as described in Section C. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act. "Construction Inflation Index" means the annual percentage change in the Engineering News- Record Building Cost Index for the City of San Francisco, 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 TD Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of San Francisco. "Future Facilities Costs" means the TD Public Facilities Costs 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 facilities costs. "Outstanding Bonds" means all Previously Issued Bonds which are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. "Previously Issued Bonds" means all Bonds that. have been issued by TD No. 2006-01 prior to the date of prepayment. The obligation of an Assessor's Parcel to pay the Improvement Special Tax may be prepaid and permanently satisfied after issuance of bonds as described within this Section G; provided that a prepayment may be made only for Assessor's Parcels 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 Improvement Special Tax obligation shall provide the TD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the TD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. The TD Administrator may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of Bonds from the proceeds of such prepayment may be given to the Trustee pursuant to the Indenture, unless waived by the City. The Improvement Special Tax Prepayment. Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Resolutimi No. 2006-128 N.C.S. Page 1 1 Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Improvement Special Tax Prepayment Amount As of the proposed date of prepayment, the Improvement Special Tax Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. Compute the Assigned Improvement Special Tax and Backup Improvement Special Tax applicable for the Assessor's Parcel to be prepaid. 3. (a) Divide the Assigned Improvement Special Tax computed pursuant to paragraph 2 by the total estimated Assigned Improvement Special Taxes for TD No. 2006-01 based on the Improvement Special Taxes which could be charged in the current Fiscal Year, excluding any Assessor's Parcels which have been prepaid, and (b) Divide the Backup Improvement Special Tax computed pursuant to paragraph 2 by the estimated total Backup Improvement Special Taxes, excluding any Assessor's Parcels which have been prepaid. 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 retired and prepaid (the "Bond Redemption Amount"). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the applicable percentage or excess of the par amount of the Bonds to be redeemed), 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 and/or principal payment date following the written .notice of intent to prepay until the redemption date for the Outstanding Bonds. Resolution No. 2006-128 N.C.S. Page 12 9. Determine the Improvement Special Tax levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 10. Add the amounts computed pursuant to paragraphs 8 and 9 (the "Defeasance Amount"). 11. Verify the administrative fees and expenses of TD No. 2006-01, 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"). 12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the Reserve Requirement (as defined in the Indenture) on the prepayment date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve funds are below 100% of the Reserve Requirement. 13. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 14. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 10 and 11, less the amounts computed pursuant to paragraphs 12 and 13 (the "Prepayment Amount"). 15. From the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 10, 12 and 13 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 7 .shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by TD No. 2006-01. The Improvement Special Tax Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. If moneys remain after the redemption of the Outstanding Bonds allocable to the parcel(s) making prepayment as discussed in this section, then such amounts shall be refunded to the party making payment. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 (above), the TD Administrator shall remove the current Fiscal Year's Improvement Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Improvement. Special Tax and the release of the Improvement Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Improvement Special Tax shall cease. Resolution No. 2006-128 N.C.S. Page 13 Notwithstanding the foregoing, no Improvement Special Tax prepayment shall be allowed unless the amount of Assigned Improvement Special Taxes that may be levied on Taxable Property within TD No. 2006-01 both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. H. TERM OF IMPROVEMENT SPECIAL TAX The Improvement Special Tax shall be levied on an Assessor's Parcel for a period not to exceed 60 Years. I. EXEMPTIONS Property is exempt from special taxes when owned by a public agency. Should an Assessor's Parcel no longer be Public Property, its tax-exempt status will be revoked. Resolution No. 2006-128 N.C.S. Page 14 AMENDED MAP OF PROPOSED BOUNDARY OF CITY OF PETALUMA SPECIAL TAX DISTRICT No. 2006-01 (THEATRE DISTRICT AREA) COUNTY OF SONOMA, STATE OF CALIFORNIA ASSESSOR'S PARCEL NUMBERS APN ~ APN ~ x 1 008067004 28 008066007 ~ 2 008067003 29 008066006 s xx 3 008069002 30 008066002 xs ti zD s e 4 008069001 31 008066003 5 008121001 32 008066009 x4 x1 ~ e 0 u x6 1i s 6 008121007 33 008123001 ~ ~r+t xT ~W 28 ar'~,cr 17 16 ~ 10 11 7 008121008 34 008123015 u,, xc yD J1 1s 8 008121009 35 008123002 T 3x C >3 s 14 9 008121010 36 008123003 +6 k~° N ~ x " Ix 10 008121011 37 008123012 45 ~ 34 30 11 008121012 38 008123013 s~rp w 12 008124007 39 008123014 a3 13 008124006 40 008123010 'rN sr "s 14 008124005 41 008123009 6t mfr 15 008122005 42 008111001 sz 16 008122006 43 008064005 17 008122002 44 008064010 18 008068003 45 008064002 I -NO 19 008068004 46 008063007 ASSESSOIYS PAR(EL lllE 20 008068002 47 008063006 DSTRICT BOUNDARI' 21 008068001 48 008063011 1 Assessors PARCEL NUMBER RffE71F7iCE 22 008067001 49 008063008 23 008054005 50 008063009 24 008065005 51 008062009 25 008065004 52 008112001 26 008065002 27 008065003 • scALE: 1'-soa' I~g: FllEO IN D1E OfT1CE of iNE tltt CLERK a 7NE Gtt aF PETALUMA THIS DAY OF ~xoas. nes eouNDARV uAP AMENDS THE MAP GF PRDPasm BOUNDARIES OF tltt aF PETAIUNA SP£pAl TA% pSTRICT NO. 1W6-01 (MEATRE pS1RICT AREA), tltt D< PETAIUYA, tl CLE K tl PETALUMA COUNtt OF SDNOYA, STATE OF CALIFORMA, i11E0 111 THE OFFlCE OF 7HE CQINTT RECORDER QF 7NE CWNtt OF SONgAA, STATE OF CALJFORNIA, CN ME 11TH DAY OF MAY, x006, W 8001( 894 aF NAPS OF ASSESSMENT AND 1 HEREBY CERTIFY MAT THE M1MN MAP SHONiNO THE PROPOSED BONNDARIES OF ME ptt OF PETALUMA COMMUNITY FACU TIES dSTRICTS AT PACE 17. SPEpAL TA% DISTRICT N0. 1008-OI, COUNTY d• 50404A, STATE of CAUFORWA WAS APPROMED BY ME tltt COUNCIL aF 1HE ptt Qi PETALUMA: AT A REGULARLY SCMEDIAED MEETRiG THEREOF. MELD pV THE - DAY OF 2008. BY ITS RESOLUTION N•. ptt N 1H CI ALUYA FKEO TMS OAY OF x006. AT 7HE HOUR OF O'CLOCK~Y. M BOOK_ OF NAPS Of A55£SSMENT AND COMMUNITY FACO/7E5 OISiRIC75 PACE NOS_iHROUCH_ AS MSTRUMENT N0. IN THE OFTTLE Of ME COUNTY RECORDER M THE COUNTY d: SONWA, STATE dF CALIFORNIA CWNtt RECORDER OF THE COVNtt OF $ONpIA FEE f REFERENCE 111E SONp1A COUNTY ASSESSOR'S MAPS FOR A DETARED DESCRIPDON aF PARCEL ONES AND DIMENSIONS PROPOSED BOUNDARY MAP CITY OF P!{fALUIiA SPECIAL TAX DISI7EICT No. 2008-O1 HARRIS k ASSOCIATES THEATRE DLSTRICT AREA) 110 Wwn OrCN COUNLY OI 80NOM1. CaIJ?ORtFG Canca0. U 91570 (en) en-IMN • F.Y pn) en-4+e1 86ME E or L 0/rp~y, RvMM..VeW X\0014n~I.+~+M.sR..w Resolution No. 2006-128 N.C.S. Page 15