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2003-10-14 Agenda Packet - Board (21)
� < , . � � ■ . ' � ] . � | � . ! © Z � . � � • � ` � � � � i ( < � ■ ■ " , � ■ � TRU C KE E DO NNE R PUBLIC UTILITY DISTRICT ...��.. . ..:�m � Muni in d October 14 , 200 TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 03-1 OLD GREENWOOD) BOARD OF DIRECTORS Joseph R. Aguera J. Ron Hemig James A. Maas Patricia S. Sutton Nelson Van Gundy DISTRICT STAFF Peter Holzmeister, General Manager Stephen Hollabaugh, Assistant General Manager TRUCKEE DONNER PUBLIC UTILITY DISTRICT Community Facilities District No. 03-1 (Old Greenwood) TABLE OF CONTENTS PAGE INTRODUCTION....................................................................................... 1 A. DESCRIPTION OF FACILITIES....................................................... 2 B. BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. 4 C. COST ESTIMATES FOR FACILITIES .............................................. 5 D. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES........................................................................................................... 5 E. GENERAL TERMS AND CONDITIONS......................................... 5 F. CONCLUSION...................................................................................... 6 EXHIBITA............................................................................................... A-1 BOUNDARIES OF DISTRICT AND MAP.............................................A-2 EXHIBITB ................................................................................................B-1 COSTESTIMATES......................................................................................B-1 EXHIBITC ............................................................................................... C-1 RATE AND METHOD OF APPORTIONMENT ..................................C-1 TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 03-1 OLD GREENWOOD) INTRODUCTION WHEREAS,the Board of Directors of the Truckee Donner Public Utility District("TDPUD"), (hereinafter referred to as the"Board of Directors"or"legislative body of TDPUD"),in the State of California, did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5 of Part 1, of Division 2, of Title 5 of the Government Code of the State of California, and specifically Section 53321.5 thereof, expressly order the filing of a written Community Facilities District Report ("Report") with TDPUD for a proposed Community Facilities District, which Community Facilities District shall be referred to as the Truckee Donner Public Utility District, Community Facilities District No. 03-1 (Old Greenwood), (hereinafter referred to as "CFD"); and WHEREAS, the Report generally contains the following: a. a brief description of the facilities by type which are required to adequately meet the needs of the CFD; b. an estimate of the cost of financing the facilities, including incidental expenses and including the costs of the proposed bond financing and all other related costs as provided for in Section 53345.3 of the Act, and including the cost of planning and designing the Facilities to be financed pursuant to the Act, including the cost of environmental evaluations of such facilities,all costs associated with the creation of the CFD,issuance of bonds,determination of the amount of any special taxes,collection of any special taxes,or costs otherwise associated with the creation of the CFD,issuance of bonds,determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of TDPUD with respect to the CFD and any other expenses incidental to the construction,completion and inspection of the authorized work to be paid through the proposed financing. C. the rate and method of apportionment of the special tax in sufficient detail to allow each landowner or resident within the proposed CFD to estimate the maximum annual amount of payment. October 14, 2003 Page 1 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greemvood WHEREAS,an authorized representative of the property owner has signed a petition requesting the formation of CFD No. 03-1. WHEREAS,the authorized representative of the TDPUD and the appointed responsible officer have caused the Report to be prepared by MuniFinancial pursuant to the provisions or the Resolution of Intention. For particulars, reference is made to the Resolution of Intention as previously approved. NOW THEREFORE MuniFinancial does hereby submit the following: A. DESCRIPTION OF FACILITIES The facilities described below are proposed to be financed by Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood) (the "CFD"). 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 underwriter's discount, appraisal fee, amounts to be maintained in the reserve fund, amounts necessary to pay capitalized interest, bond counsel fees, financial advisor fees, special tax consultant fees, bond and official statement printing costs and all other expenses incidental thereto. The facilities will be constructed pursuant to plans and specifications approved by TDPUD and the officials thereof. Facilities The facilities include certain real or other tangible property described below,to serve the area located within the CFD, including all furnishings, equipment and appurtenances related thereto (collectively including facilities, the "Facilities"), which Facilities have a useful life of five years or longer and which the TDPUD is authorized, pursuant to an agreement meeting the requirements of Section 53316.2 of the Act or otherwise to contribute revenue to or construct,own or finance,and which are required to adequately meet the needs of the CFD. A general description of the Facilities is as follows: 1. Acquisition or construction of the following public improvements: a. water supply and distribution and fire suppression facilities including: i. offsite water facilities connecting Glenshire Well to water storage October 14, 2003 Paget Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood facility located within District; ii. water storage facility within District including all connections and control devices; iii. all water distribution facilities constructed and completed in 2001 connecting water storage facility to road entrance and five cabins near road entrance; iv. 20"water mainline connecting water storage facility to Fiberboard Under-crossing; V. water distribution system serving all residential and commercial properties within District; vi. water source(well)development including surveys,design,drilling, pump installation, building construction and connection to water system; vii. all other water facilities required to service properties within boundaries of the District; b. electrical supply and distribution facilities including: i. offsite electrical facilities connecting Glenshire Drive to Interstate 80 as constructed and completed in 2001; ii. all electrical infrastructure required to service residential and commercial parcels within the boundaries of the District including but not limited to design, conduit, trenching, transformers and installation of cabling; C. public roadways including but not limited to medians, curbs, gutters, sidewalks, traffic signals, street signage, street lighting, pavement striping and any associated landscaping and erosion control for the following segments: i. Old Truckee Airport Road from the intersection of the Interstate 80 exit to the eastern property boundary as constructed in 2001; ii. Fairway Drive from the intersection of Old Truckee Airport Road to 100 meters south of Lot D4; in. Fairway Drive from 100 meters south of Lot D4 to third intersection with Lookout Loop; iv. all other connecting roadways including Lookout Loop, Lookout Circle, Caleb Drive, Caleb Circle, Settler's Lane, Miner's Trail, Carson Range Court, Legacy Court, Sutter's Trail, Gold Rush Trail, Trapper's Trail, and Frontier Trail; October 14, 2003 Page 3 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood d. public access parks and trails; e. storm drains and flood control facilities including but not limited to: i. all v - ditches, culverts, and infiltration ponds associated with Fairway Drive from the intersection of Old Truckee Airport Road to 100 meters south of Lot D4; ii, all v- ditches, culverts, and infiltration ponds associated with the remaining segments of Fairway Drive, and all other connecting roadways including Lookout Loop, Lookout Circle, Caleb Drive, Caleb Circle, Settler's Lane, Miner's Trail, Carson Range Court, Legacy Court,Sutter's Trail,Gold Rush Trail,Trapper's Trail,and Frontier Trail; f. telephone and telecommunications facilities,including such facilities to be owned by shareholder owned utility companies regulated by the California Public Utilities Commission, and further including trenching and appurtenant work and improvements; g. any other public improvements identified in accordance with the Development Agreement between the Truckee Donner Public Utility District and Old Greenwood, LLC pertaining to the Old Greenwood development project; 2. Any soft cost associated with the design and construction of the above described improvements including but not limited to engineering, environmental review, inspection, surveying and staking, and environmental mitigation. B. BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT The boundaries of the CFD coincide with the proposed development and include all properties and parcels on which special taxes may be levied to pay for the costs and expenses of the facilities. The development is proposed to include 250 or more taxable residential units on approximately 616 acres. The boundaries of the CFD are described on Exhibit "A", reduced scale maps entitled "Proposed Boundaries of Community Facilities District No. 03-1 (Old Greenwood)" which are attached hereto and incorporated herein. A full scale map is on file with the October 14, 2003 Page 4 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood Clerk of the Truckee Donner Public Utility District and was recorded with the County Recorder, County of Nevada in Book i page 120 of Assessment Maps, Document Number 2003-0043758. C. COST ESTIMATES FOR FACILITIES It is proposed that the CFD incur a bonded indebtedness of up to $15,000,000 secured by the levy of special taxes within the CFD for the purpose of financing the acquisition of the Facilities including, but not limited to the financing of the costs associated with the issuance of the bonds and all other incidental costs necessary to finance acquisition of the Facilities. For further particulars on the estimated costs of the Facilities,reference is made to Exhibit "B", Cost Estimates. D. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The Resolution of Intention generally sets forth the rate and method of apportionment of the special tax which allows each owner or resident within the proposed CFD to estimate the annual amount that would be required for payment if a special tax is levied.A method of prepayment and procedure are outlined in the rate and method of apportionment. For particulars of the rates and methods of apportionment, see Exhibit "C", Rate and Method of Apportionment of Special Tax. E. GENERAL TERMS AND CONDITIONS Facilities The description of the Facilities, as set forth herein, is general in nature. The final nature and location of the Facilities will be determined upon the preparation of final plans and specifications. October 14, 2003 Page 5 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood Bonds The financing of the acquisition of the Facilities, as set forth in this Report, requires that bonds be issued pursuant to the terms, conditions and authorization of the Mello-Roos Community Facilities Act of 1982, as amended. F. CONCLUSION Based on information provided by, and discussions with, the Board of Directors and the property owners, the Facilities listed in this Report are those that are necessary to meet increased demands placed on the Truckee Donner Public Utility District or a public agency providing services to the CFD as a result of development occurring within the boundaries of the Truckee Donner Public Utility District.Further,it is my opinion that the special tax rate and method of apportionment as set forth in Exhibit"C"is equitable and is not discriminatory or arbitrary and permits a purchaser of property subject to the special tax a fair means of determining his or her obligation. MuniFinancial By: Xt�' Lyn Gruber October 14, 2003 Page 6 Truckee Dormer Public Utility District Community Facilities District No. 03-1 Old Greenwood EXHIBIT A BOUNDARIES OF DISTRICT AND MAP Boundaries of District: The exterior boundaries of the CFD are shown on that certain map now on file in the Office of the Clerk of the Board entitled"Proposed Boundaries of Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood)". This map indicates by a boundary line the extent of the territory included in the proposed CFD and shall govern for all details as to the extent of the CFD. The parcels of real property within the CFD are described more particularly on the Assessor Parcel Maps that are on file in the office of the Nevada County Assessor and are incorporated into this Report by reference. Boundary Map: A reduced copy of the Boundary Map follows. The original of such map is on file in the Office of the Clerk of the Board and in the records of the County Recorder, County of Nevada,and State of California. Site Location: The site consists of approximately 616 acres. The CFD is located in the eastern portion of Nevada County,within the town of Truckee,east of and close to Interstate Highway 80,north of Glenshire Drive and the Truckee River and northeast of State Highway 267. October 14, 2003 A-1 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood s Set 14 Rif bpi " 4111h; 11 Pill 1011 IMI118,, p, 0 e g _N b ! 4Y R F Y F October 14, 2003 A-2 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood EXHIBIT B COST ESTIMATES Estimated Costs Facilities Budget Water $4,991,000 Electric 2,937,000 Fiber 615,000 Roads 3,857,000 Storm Drain 1,534,000 Formation Costs 200,000 Total Public Improvements $14,134,000 SUBSTITUTION OF FACILITES The description of the Facilities, as set forth herein, is general in its nature. The final nature and location of the Facilities will be determined upon the preparation of final plans and specifications. The final plans may show substitutes in lieu of, or modification to, the proposed Facilities in order to provide the public facilities necessitated by development occurring in the CFD,and any such substitution shall not be a change or modification in the proceedings as long as such substitute facilities serve a function or provide a service substantially similar to that function served or the service provided by the Facilities described in this Report. October 14, 2003 B-1 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood EXHIBIT C TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 03-1 (OLD GREENWOOD) RATE AND METHOD OF APPORTIONMENT A Special Tax applicable to each Assessor's Parcel in the Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood) (herein "CFD No. 03-1"] shall be levied and collected according to the tax liability determined by the Board of Directors or its designee, through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in CFD No. 03-1, unless exempted by law or by the provisions of Section G below, shall be taxed for the purposes, to the extent, and in the manner herein provided,including property subsequently annexed to the CFD unless a separate Rate and Method of Apportionment is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map,the land area shown on the applicable Final Map or other parcel map recorded with the County. "Act"means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Division 2 of Title 5 of the California Government Code. "Administrative Expenses"means any or all of the following: the fees and expenses of any fiscal agent or trustee (including any fees or expenses of its counsel) employed in connection with any Bonds,and the expenses of the TDPUD carrying out its duties with respect to CFD No.03-1 and the Bonds, including, but not limited to, levying and collecting the Special Tax, the fees and expenses of legal counsel,charges levied by the County Auditor's Office,Tax Collector's Office, and/or Treasurer's Office, costs related to annexing property into the CFD, costs related to property owner inquiries regarding the Special Tax,amounts needed to pay rebate to the federal government with respect to the Bonds, costs associated with complying with any continuing October 14, 2003 C-1 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood disclosure requirements for the Bonds and the Special Tax,and all other costs and expenses of the TDPUD in any way related to the establishment or administration of the CFD. "Administrator"means the person or firm designated by the TDPUD to administer the Special Tax according to this Rate and Method of Apportionment of Special Tax. "Affordable Unit" means any Unit within CFD No. 03-1 which, in the sole discretion of the Town,is either deed-restricted to maintain the affordability of the Unit or is determined by the Administrator to have been planned, designed and/or built to be an affordable unit. "Assessor's Parcel"or"Parcel"means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor designating parcels by Assessor's Parcel number. "Association Property" means any property within the CFD that is owned by a homeowners association, excluding Association Property under the pad or footprint of a Unit. "Board of Directors" or "Board" means the Board of Directors of the Truckee Donner Public Utility District. "Bonds" means bonds or other debt(as defined in the Act),whether in one or more series,issued, insured or assumed by CFD No. 03-1 related to public infrastructure and/or improvements that are authorized to be funded by CFD No. 03-1. "Capitalized Interest" means funds in any capitalized interest account available to pay debt service on Bonds. "CFD Formation"means the date on which the Resolution of Formation to form CFD No. 03- 1 was adopted by the Board of Directors. "County" means the County of Nevada. "Developed Property" means, in any Fiscal Year, the following: • for Single Family Detached Property, all parcels for which a Final Map was recorded prior to May 1 of the preceding Fiscal Year • for Single Family Attached Property and Rental Property, all parcels for which a October 14, 2003 C-2 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood building permit for new construction of a residential structure was issued prior to May 1 of the preceding Fiscal Year. "Excess Public Property"means the acres of Public Property that exceed the acreage exempted in Section G below. In any Fiscal Year in which a Special Tax must be levied on Excess Public Property pursuant to Step 4 in Section E below,Excess Public Property shall be those Assessor's Parcel(s) that most recently became Public Property based on the dates on which Final Maps recorded creating such Public Property. "Expected Land Uses" means the total number of Units expected to be constructed within the CFD as determined from time to time by the Administrator after applying the steps set forth in Section D below. At CFD Formation, the Expected Land Uses were based on the Tentative Map. The Expected Land Uses at CFD Formation are summarized in Attachment 1 hereto; the Administrator shall update Attachment 1 each time a change occurs to the land use plans for property in the CFD. "Expected Maximum Special Tax Revenues"means the amount of annual revenue that would be available if the Maximum Special Tax was levied on the Expected Land Uses. The Expected Maximum Special Tax Revenues as of CFD Formation are shown in Attachment 1 of this Rate and Method of Apportionment of Special Tax. "Final Bond Sale"means the last series of Bonds that will be issued on behalf of CFD No. 03-1 (excluding any Bond refundings), as determined in the sole discretion of the TDPUD. "Final Map" means a final map, or portion thereof, recorded by the County pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)that creates individual lots on which building permits for new construction may be issued without further subdivision and for which no further subdivision is anticipated pursuant to the Tentative Map. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Fractional Unit"means a single family detached unit or a single family attached unit for which multiple owners may each purchase a fractional share of ownership (also referred to as a timeshare unit by the California Department of Real Estate). "Golf Course Property"means any property within CFD No. 03-1 that is used as a golf course, including but not limited to,a driving range, clubhouse,parking, lodge, outbuildings, and other golf-related amenities. Golf Course Property shall also include any property within the CFD that is used for a swim, tennis, and/or fitness facility. October 14, 2003 C-3 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood "Maximum Special Tax" means the greatest amount of Special Tax that can be levied on an Assessor's Parcel in any Fiscal Year determined in accordance with Section C below, as may be adjusted pursuant to Step 3 in Section D below. "Other Property" means, in any Fiscal Year, all Parcels of Taxable Property which are not Single Family Detached Property, Single Family Attached Property, Undeveloped Property. "Proportionately"means,for Developed Property,that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels of Developed Property, and for Undeveloped Property that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all Assessor's Parcels of Undeveloped Property. "Public Property"means any property within the boundaries of CFD No.03-1 that is owned by the federal government, State of California, County, Town, Truckee Donner Public Utility District, or other public agency. "Rental Property" means, in any Fiscal Year, all Parcels within the CFD for which a building permit was issued for construction of a residential structure with multiple Units that share common walls,all of which are offered or are expected to be offered for rent to the general public and/or employees. Fractional Units within the CFD shall at no time be categorized as Rental Property. "SFD Lot"means an individual residential lot,identified and numbered on a recorded Final Map, on which a building permit has been or is permitted to be issued for construction of a single family detached unit without further subdivision of the lot and for which no further subdivision of the lot is anticipated pursuant to the Tentative Map. "Single Family Attached Property" means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a residential structure consisting of two or more Units that share common walls and are offered or expected to be offered as for-sale units, including attached Fractional Units and such residential structures that meet that statutory definition of a condominium contained in Civil Code Section 1351. "Single Family Detached Property" means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued or is permitted to be issued for construction of a Unit that does not share a common wall with another Unit,including detached Fractional Units. "Special Tax"means a Special Tax levied in any Fiscal Year to pay the Special Tax Requirement. October 14, 2003 C-4 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood "Special Tax Requirement"means the amount necessary in any Fiscal Year to: (i)pay principal and interest on Bonds which is due in the calendar year that begins in such Fiscal Year; (ii) create and/or replenish reserve funds for the Bonds; (iii) cure any delinquencies in the payment of principal or interest on Bonds which have occurred in the prior Fiscal Year or,based on existing delinquencies in the payment of Special Taxes,are expected to occur in the Fiscal Year in which the tax will be collected; (iv) pay Administrative Expenses; and (v) pay the costs of public improvements and public infrastructure authorized to be financed by CFD No. 03-1. The amounts referred to in clauses (i) and (ii) of the preceding sentence may be reduced in any Fiscal Year by: (i) interest earnings on or surplus balances in funds and accounts for the Bonds to the extent that such earnings or balances are available to apply against debt service pursuant to a Bond indenture, Bond resolution, or other legal document that sets forth these terms; (ii) proceeds received by CFD No. 03-1 from the collection of penalties associated with delinquent Special Taxes; and (iii) any other revenues available to pay debt service on the Bonds as determined by the Administrator. "Taxable Other Property" means, in any Fiscal Year, all Assessor's Parcels of Other Property which had, in prior Fiscal Years, been: (i) developed and taxed as Single Family Detached Property or Single Family Attached Property, or (ii) designated in the Tentative Map as Single Family Detached Property or Single Family Attached Property and, when a change to the Expected Land Uses was proposed designating the Parcel as Other Property,no prepayment was received pursuant to Step 3.b in Section D below. "Taxable Property"means all of the Assessor's Parcels within the boundaries of CFD No. 03-1 which are not exempt from the Special Tax pursuant to law or Section G below. "Tax Zone" means one of the two mutually exclusive geographic areas defined below and identified in Attachment 2 of this Rate and Method of Apportionment of Special Tax, and any subsequent Tax Zones created to contain property annexed into the CFD after CFD Formation. "Tax Zone #1" means the geographic area that is specifically identified in Attachment 2 of this Rate and Method of Apportionment of Special Tax as Tax Zone #1. "Tax Zone #2" means the geographic area that is specifically identified in Attachment 2 of this Rate and Method of Apportionment of Special Tax as Tax Zone #2. "TDPUD" means the Truckee Donner Public Utility District. "Tentative Map"means the Tentative Map and Conditional Use Permit for the Old Greenwood Planned Development,which was included as Exhibit D to the Development Agreement between October 14, 2003 C-S Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Green 000d East West Partners and the Town which was recorded at the County Recorder's Office on August 23, 2002. "Town" means the incorporated Town of Truckee. "Undeveloped Property" means, in any Fiscal Year, all Parcels of Taxable Property within the CFD that are not Developed Property. "Unit" means (i)for Single Family Detached Property,an individual single-family detached unit, and (ii) for Single Family Attached Property, an individual residential unit within a duplex, triplex, fourplex, townhome, or condominium structure. B. DATA FOR ANNUAL ADMINISTRATION On or about July 1 of each Fiscal Year, the Administrator shall identify the current Assessor's Parcel numbers for all Parcels of Taxable Property. The Administrator shall also determine: (i) whether each Assessor's Parcel of Taxable Property is Developed Property or Undeveloped Property, (ii)for Developed Property,which Parcels are Single Family Detached Property,Single Family Attached Property, and Taxable Other Property, (iii) for Parcels of Single Family Attached Property,the number of Units on each Parcel, (iv) whether there are Parcels of Rental Property, Excess Public Property or Parcels with Affordable Units, and (v) the Special Tax Requirement. For Single Family Attached Property, the number of Units shall be determined by referencing the site plan,condominium plan,or other development plan. If,in any Fiscal Year,an Assessor's Parcel includes both Developed Property and Undeveloped Property, the Administrator shall determine the Acreage associated with the Developed Property, subtract this Acreage from the total Acreage of the Assessor's Parcel,and use the remaining Acreage to calculate the Special Tax that will apply to Undeveloped Property within the Assessor's Parcel. In addition, the Administrator shall, on an ongoing basis, monitor whether changes in land use have been proposed that will affect the Expected Land Uses and whether Final Maps that have been proposed for approval by the Town are consistent with the Expected Land Uses. If changes to the Expected Land Uses are proposed, the Administrator shall apply the steps set forth in Section D below. C. MAXIMUM SPECIAL TAX October 14, 2003 C-6 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood 1. Single Family Detached Property The Maximum Special Tax for Single Family Detached Property in Zone 1 for Fiscal Year 2004-05 is $3,000 per SFD Lot. The Maximum Special Tax for Single Family Detached Property in Zone 2 for Fiscal Year 2004-05 is$3,400 per SFD Lot. On July 1, 2005 and on each July 1 thereafter, these Maximum Special Tax rates shall be increased by an amount equal to two percent (20/6) of the amount in effect for the prior Fiscal Year. 2. Single Family Attached Property The Maximum Special Tax for Single Family Attached Property in Zone 1 for Fiscal Year 2004-05 is $3,000 per Unit. The Maximum Special Tax for Single Family Attached Property in Zone 2 for Fiscal Year 2004-05 is$3,400 per Unit. On July 1, 2005 and on each July 1 thereafter, these Maximum Special Tax rates shall be increased by an amount equal to two percent (20/6) of the amount in effect for the prior Fiscal Year. 3. Taxable Other Property The Maximum Special Tax for Taxable Other Property shall be the amount needed on a per-acre basis to maintain the Maximum Special Tax that was assigned to the Parcel prior to the Parcel becoming Taxable Other Property. After the Maximum Special Tax has been determined for a Parcel of Taxable Other Property, the Maximum Special Tax shall be increased each Fiscal Year thereafter by an amount equal to two percent (2%) of the amount in effect the prior Fiscal Year. October 14, 2003 C.7 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood 4. Undeveloped Property The Maximum Special Tax for Undeveloped Property for Fiscal Year 2004-05 is $11,325 per Acre. On July 1, 2005 and on each July 1 thereafter, this Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the prior Fiscal Year. Pursuant to Section 53321 (d) of the Act, the Special Tax levied against a Parcel used for private residential purposes shall under no circumstances increase more than ten percent(10%)as a consequence of delinquency or default by the owner of any other Parcel or Parcels and shall, in no event,exceed the Maximum Special Tax in effect for the Fiscal Year in which the Special Tax is being levied. D. BACK-UP FORMULA The Maximum Special Taxes set forth in Section C above were calculated based on the Expected Land Uses at CFD Formation. The Administrator shall review Tentative Map revisions and other changes to the land uses proposed within the CFD and compare the revised land uses to the Expected Land Uses to evaluate the impact on the Expected Maximum Special Tax Revenues. In addition, the Administrator shall review Final Maps to ensure they reflect the number of residential lots that was anticipated in the Tentative Map. If,prior to the Final Bond Sale, a change to the Expected Land Uses (a "Land Use/Entitlement Change") is proposed that will result in a reduction in the Expected Maximum Special Tax Revenues, no action will be needed pursuant to this Section D as long as the reduction in Expected Maximum Special Tax Revenues does not reduce debt service coverage on outstanding Bonds below the amount committed to in the Bond documents. Upon approval of the Land Use/Entitlement Change, the Administrator shall update Attachment 1 to show the reduced Expected Maximum Special Tax Revenues, and the reduced Expected Maximum Special Tax Revenues shall be the amount used to determine the amount of the Final Bond Sale. If a Land Use/Entitlement Change is proposed after the Final Bond Sale, the following steps shall be applied: Step 1: By reference to Attachment 1 (which will be updated by the Administrator each time a Land Use/Entitlement Change has been processed according to this Section D), the Administrator shall identify the Expected Maximum Special Tax Revenues for CFD No. 03-1; October 14, 2003 C-8 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood Step 2: The Administrator shall calculate the Maximum Special Tax revenues that could be collected from property in the CFD if the Land Use/Entitlement Change is approved; Step 3: If the amount determined in Step 2 is higher than that calculated in Step 1, the Land Use/Entitlement Change may be approved without further action. If the revenues calculated in Step 2 are less than those calculated in Step 1, and if: (a) The landowner does not withdraw the request for the Land Use/Entitlement Change that was submitted to the Town; or (b) Before approval of the Land Use/Entitlement Change, the landowner requesting the Land Use/Entitlement Change does not prepay a portion of the Special Tax for the CFD in an amount that corresponds to the lost Maximum Special Tax revenue, as determined by applying the steps set forth in Section H below; or (c) The Land Use/Entitlement Change proposes that a Parcel of Single Family Detached Property or Single Family Attached Property be developed as another land use (other than Public Property),and the landowner requesting the Land Use/Entitlement Change fails to submit a written request to the TDPUD to designate the Parcel as Taxable Other Property, thereby maintaining the Expected Maximum Special Tax Revenues for the Parcel; then, the amount of the prepayment determined in Step 3.b shall be allocated on a per-acre basis and included on the next property tax bill for all Assessor's Parcels within the property affected by the Land Use/Entitlement Change. The amount allocated to each Assessor's Parcel shall be added to and, until paid, shall be a part of, the Maximum Special Tax for the Assessor's Parcel. If multiple Land Use/Entitlement Changes are proposed at one time (which may include approval of multiple Final Maps at one time), the Administrator may consider the combined effect of all the Land Use/Entitlement Changes to determine if there is a reduction in Expected Maximum Special Tax Revenues that necessitates implementation of Step 3.b or 3.c. If, based on this comprehensive analysis, the Administrator determines that there is a reduction in Expected Maximum Special Tax October 14, 2003 C-9 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood Revenue, and all of the Land Use/Entitlement Changes are being proposed by the same land owner, the Administrator shall determine the required prepayment (pursuant to Step 3.b) by analyzing the combined impact of all of the proposed Land Use/Entitlement Changes. Notwithstanding the foregoing, if the Administrator analyzes the combined impacts of multiple Land Use/Entitlement Changes, and the Town subsequently does not approve one or more of the Land Use/Entitlement Changes that was proposed,the Administrator shall once again apply the three steps set forth above to determine the combined impact of those Land Use/Entitlement Changes that were approved simultaneously by the Town. If,based on the comprehensive analysis,the Administrator determines that there is a reduction in Expected Maximum Special Tax Revenue, and the Land Use/Entitlement Changes are not all being proposed by the same land owner, the Administrator shall consider the proposed Land Use/Entitlement Changes individually to determine the required prepayment from each owner. E. METHOD OF LEVY OF THE SPECIAL TAX Each Fiscal Year,the Administrator shall determine the Special Tax Requirement to be collected in that Fiscal Year, and the Special Tax shall be levied according to the steps outlined below. Step 1: The Special Tax shall be levied Proportionately on each Parcel of Developed Property within the CFD up to 100%of the Maximum Special Tax for each Parcel for such Fiscal Year until the amount levied on Developed Property is equal to the Special Tax Requirement prior to applying any Capitalized Interest that is available in the CFD accounts. Step 2: If additional revenue is needed after Step 1,and after applying Capitalized Interest to the Special Tax Requirement, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property within the CFD, up to 100% of the Maximum Special Tax for Undeveloped Property for such Fiscal Year determined pursuant to Section C; Step 3: If additional revenue is needed after applying the first two steps,the Special Tax shall be levied Proportionately on each Parcel of Association Property October 14, 2003 C-10 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood within the CFD, up to 100% of the Maximum Special Tax for Undeveloped Property for such Fiscal Year determined pursuant to Section Q Step 4: If additional revenue is needed after applying the first three steps, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Excess Public Property,exclusive of property exempt from the Special Tax pursuant to Section G below,up to 100%of the Maximum Special Tax for Undeveloped Property for such Fiscal Year determined pursuant to Section C. F. COLLECTION OF SPECIAL TAX The Special Taxes for CFD No. 03-1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes,provided,however,that prepayments are permitted as set forth in Section H below and provided further that the TDPUD may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner, and may collect delinquent Special Taxes through foreclosure or other available methods. The Special Tax for Fractional Units may be billed either directly to individual fractional owners or to a homeowners association,which shall then bill the individual fractional owners; non-payment of Special Taxes billed by the homeowners association shall result in interest and penalties, and the fractional ownership shall be subject to foreclosure proceedings as set forth in the Bond covenants. The Special Tax shall be levied and collected until principal and interest on Bonds have been repaid, costs of constructing or acquiring authorized facilities from Special Tax proceeds have been paid, and all administrative expenses have been reimbursed. However, in no event shall a Special Tax be levied after Fiscal Year 2039-2040. G. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on up to 30.31 Acres of Public Property. A separate amount of public acreage may be exempted each time property annexes into CFD No. 03-1, and such additional exemption shall only apply to property within the annexation area. A Special Tax may be levied on Excess Public Property pursuant to Step 4 of Section E; however, a public agency may require that the special tax obligation on land conveyed to it that would be classified as Excess Public Property be prepaid pursuant to Section H below. October 14, 2003 C-11 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood In addition, no Special Tax shall be levied in any Fiscal Year on (i) Golf Course Property, (ii) Rental Property, (iii) Affordable Units,or(iv) Other Property unless the Parcel is determined to be Taxable Other Property. H. PREPAYMENT OF SPECIAL TAX The following definitions apply to this Section H: "Outstanding Bonds"means all Previously Issued Bonds which remain outstanding,with the following exception: if a Special Tax has been levied against, or already paid by, an Assessor's Parcel making a prepayment, and a portion of the Special Tax will be used to pay a portion of the next principal payment on the Bonds that remain outstanding (as determined by the Administrator), that next principal payment shall be subtracted from the total Bond principal that remains outstanding, and the difference shall be used as the amount of Outstanding Bonds for purposes of this prepayment formula. "Previously Issued Bonds" means all Bonds that have been issued on behalf of the CFD prior to the date of prepayment. "Public Facilities Requirements" means either $9,850,000 in 2003 dollars, which shall increase on January 1, 2004, and on each January 1 thereafter by the percentage increase, if any,in the construction cost index for the San Francisco region for the prior twelve(12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or such lower number as shall be determined by the TDPUD as sufficient to fund improvements that are authorized to be funded by the CFD. The Public Facilities Requirements shown above may be adjusted or a separate Public Facilities Requirements identified each time property annexes into CFD No. 03-1; at no time shall the added Public Facilities Requirement for that annexation area exceed the amount of public improvement costs that are expected to be supportable by the Maximum Special Tax revenues generated within that annexation area. "Remaining Facilities Costs" means the Public Facilities Requirements (as defined above), minus public facility costs funded by Outstanding Bonds (as defined above), developer equity, and/or any other source of funding. The Special Tax obligation applicable to an Assessor's Parcel in the CFD may be prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein, provided that a prepayment may be made only if there are no delinquent Special Taxes October 17, 2003 C-12 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood 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 TDPUD with written notice of intent to prepay. Within 30 days of receipt of such written notice,the TDPUD or its designee shall notify such owner of the prepayment amount for such Assessor's Parcel. Prepayment must be made not less than 75 days prior to any redemption date for Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount shall be calculated as follows: (capitalized terms as defined below): Bond Redemption Amount plus Remaining Facilities Amount plus Redemption Premium plus Defeasance Requirement plus Administrative Fees and Expenses less Reserve Fund Credit equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount shall be determined by application of the following steps: Step 1. Compute the total Maximum Special Tax that could be collected from the Assessor's Parcel prepaying the Special Tax in the Fiscal Year in which prepayment would be received by the TDPUD or, in the event of a prepayment pursuant to Step 3.b in Section D, compute the amount by which the Maximum Special Tax revenues would be reduced by the Land Use/Entitlement Change and use the amount of this reduction as the figure for purposes of this Step 1. Step 2. Divide the Maximum Special Tax from Step 1 by the then-current Expected Maximum Special Tax Revenues for the CFD. Step 3. Multiply the quotient computed pursuant to Step 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount'). Step 4. Compute the current Remaining Facilities Costs (if any). Step 5. Multiply the quotient computed pursuant to Step 2 by the amount determined pursuant to Step 4 to compute the amount of Remaining Facilities Costs to be prepaid (the `Remaining Facilities Amount'). October 14, 2003 C-13 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood Step 6. Multiply the Bond Redemption Amount computed pursuant to Step 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the `Redemption Premium'). Step 7. Compute the amount needed to pay interest on the Bond Redemption Amount starting with the first Bond interest payment date after which the prepayment has been received until the earliest redemption date for the Outstanding Bonds, which, depending on the Bond offering document, may be as early as the next interest payment date. Step 8: Compute the amount of interest the TDPUD reasonably expects to derive from reinvestment of the Bond Redemption Amount plus the Redemption Premium from the first Bond interest payment date after which the prepayment has been received until the redemption date for the Outstanding Bonds. Step 9: Take the amount computed pursuant to Step 7 and subtract the amount computed pursuant to Step 8 (the `Defeasance Requirement'). Step 10. Determine the costs of computing the prepayment amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the Administrative Fees and Expenses'). Step 11. If and to the extent so provided in the indenture pursuant to which the Outstanding Bonds to be redeemed were issued,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'). Step 12. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 3, 5, 6, 9, and 10,less the amount computed pursuant to Step 11 (the `Prepayment Amount'). A partial prepayment may be made in an amount equal to any percentage of full prepayment desired by the party making a partial prepayment. The Maximum Special Tax that can be levied on an Assessor's Parcel after a partial prepayment is made is equal to the Maximum Special Tax that could have been levied prior to the prepayment, reduced by the percentage of a full prepayment that the partial prepayment represents,all as determined by or at the direction of the Administrator. October 14, 2003 C-14 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood I. INTERPRETATION OF SPECIAL TAX FORMULA The TDPUD reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the TDPUD's discretion. Interpretations may be made by the TDPUD by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax. October 14, 2003 C-15 Truckee Donner Public Utility District Community Facilities District No. 03-1 Old Greenwood ATTACHMENT TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 03-1 OLD GREENWOOD) EXPECTED LAND USES AND EXPECTED MAXIMUM SPECIAL TAX REVENUES AT CFD FORMATION Total Expected Maximum Special Tax Maximum Number of Per Unit/Acre for Special Tax Expected Land Uses Expected Units/Acres Fiscal Year 2004-05 Revenues Single Family Detached Property and Single Family 104 Units $3,000 per SFD Lot $312,000 Attached Property in Zone 1 Single Family Detached Property and Single Family 154 Units $3,400 per SFD Lot $523,600 Attached Property in Zone 2 Taxable Other Pro ert 0 Acres N/A $0 Total Expected Maximum Special Tax Revenues $835,600 *Figures are shown in fiscal year 2004-05 dollars and will escalate two percent(2%)per year thereafter. IDENTIFICATION OF TAX ZONES FOR PFC`LANE 11R " PROPOSED COMMUNITY FACILITIES DISTRICT NO.03-1 LANE TO RENo (OLD GREENWOOD) TRUCKEE DONNER PUBLIC UTILITY DISTRICT x BB / COUNTY OF NEVADA 3 *. STATE OF CALIFORNIA SITE / FILED IN THE OFFICE OF THE SOARED THIS DAY OF m03. I HEREBY CERTFY THAT THE WITHIN MAP SHOWING PROPOSED e BOUNDARIES OF TRUCKEE DONNER PUBLIC UDLITY DISTRICT atF L COMMUNITY DCAIN R PU DISTRICT Y NSTR(OLD GREENWOOD), OF Gp), TRUCKEE DONNER PUBLIC UTILITY DISTRICT,COUNTY OF > B NEVADA STATE OF CALIFORNIA,WAS APPROVED BY THE BOARD OF DIRECTORS OF THE TRUCKEE COMES PUBLIC tRiLUY DISTRICT AT A REGULAR MEETING THEREOF.HEIR ON THE _ TRUCKEE DAY OF ,WE,BY ITS RESOLUTION NO. VICINITY MAP N.T.S. CLERK OF THEARD TRUCKEE DONNER PUBLIC UTILITY DISTRICT 5� d FILED THIS DAY OF�NA3,AT THE HOUR OF O'CLOCK M.IN BOOK OF MAPS OF ASSESSMENT AND COMNNNITY FACILITIES DISTRICTS AND AS INSTRUMENT NO, IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF NEVADA.STATE OF CALIFORNIA, COUNTY RECORDER COUNTY OF NEVADA STATEOFCALIFORNIA LEGEND: bT . s/3 ZONEI 0 e50 SOO ZONEz SCALE, C' = 500' ® PLANNIN6d ENGINEERING,INC. 140 LITTON DRIVE. SUITE 240, GRASS VALLEY, CA 95945 10800 DOGGER PASS ROAD, SUITE 303, TRUCKEE, CA 96181 SHEET IOFI 4