HomeMy WebLinkAbout2003-03-11; City Council; 17100; Commnunity Facilities District No. 14 CITY OF CARLSBAD -AGENDA BILL
AB# 17,100
MTG. 03/11 /03
DEPT. FIN
ANNEXATION NO. 02/03-01 - BRESSI RANCH
TITLE:
COMMUNITY FACILITIES DISTRICT NO. 1
ANNEXATION NO. 02/03-02 - PALOMAR FORUM
ANNEXATION NO. 02/03-03 - CARLSBAD RACEWAY
DEPT HD. ip
CITY Am.&?-
CITY MGR-
RECOMMENDED ACTION:
Adopt Resolutions Nos. -2003-068 , 2003-069 , and 2003-070 , certifying and adding
property to an existing Community Facilities District.
ITEM EXPLANATION:
Backqround
Property owners of vacant land in Carlsbad and the City worked together to form Community
Facilities District (CFD) No. 1. The CFD provides funding for a variety of infrastructure projects that
will be necessary to meet the requirements of the Growth Management Program. Council formed
CFD No. 1 in 1991, following an election by property owners for a special tax to be levied upon their
property to fund construction or acquisition of capital projects.
The Carlsbad philosophy is that CFD financing is not intended to relieve any property owner of the
responsibility to provide funding for infrastructure improvements related to a single development.
Because our guidelines ensure that the obligation on a residential unit is paid in full when the building permit is issued, a City CFD affects no homeowners in Carlsbad. No homeowner will pay City-
imposed Mello-Roos taxes.
Many Local Facilities Management Zones were not included in CFD No. 1. Annexation proceedings
were anticipated to occur as each zone progressed through the development process. With the exception of the more developed areas, each zone plan requires either annexation to the CFD or
developer funding of all required facilities.
Annexation No. 02/03-01 - Bressi Ranch
As a condition of approval for discretionary action received June 5, 2002, the Bressi Ranch property
is required to annex into CFD No. 1. The applicants, General American Life Insurance Company and
Lennar Bressi Ranch Venture LLC, have completed the required Consent and Waiver to Shortening
of Time for Conducting a Special Election in Propedy Proposed to be Annexed (Exhibits 7 and 8) and have cast positive ballots for the annexation of property and the levy of the special tax. The election
was held on February 13, 2003. The City Clerk completed a Statement of Votes Cast showing 581 votes cast in favor of the proposition and zero votes cast against the proposition (Exhibit 1). Council
may formally authorize the annexation by adopting the attached Resolution that will certify and add
the property into the original Community Facilities District. After Council authorization, a Notice of
Annexation (Exhibit 2) will be filed with the County Recorder as a lien against the property.
Annexation No. 02/03-02 - Palomar Forum
As a condition of approval for discretionary action received December 4, 2001, the Palomar Forum property is required to annex into CFD No. 1. The applicant, Palomar Forum Associates LP, has
completed the required Consent and Waiver to Shortening of Time for Conducting a Special Election
in Propedy Proposed to be Annexed (Exhibit 9) and has cast a positive ballot for the annexation of
property and the levy of the special tax. The election was held on February 13, 2003. The City Clerk
completed a Statement of Votes Cast showing 65 votes cast in favor of the proposition and zero
Page 2 of Agenda Bill No. l7r1Oo
votes cast against the proposition (Exhibit 3). Council may formally authorize the annexation by
adopting the attached Resolution that will certify and add the property into the original Community Facilities District. After Council authorization, a Notice of Annexation (Exhibit 4) will be filed with the
County Recorder as a lien against the property.
Annexation No. 02/03-03 - Carlsbad Racewav
As a condition of approval for discretionary action received December 4, 2001, the Carlsbad
Raceway property is required to annex into CFD No. 1. The applicant, LSOF Carlsbad Land LP, has
completed the required Consent and Waiver to Shortening of Time for Conducting a Special Election
in Property Proposed to be Annexed (Exhibit IO) and has cast a positive ballot for the annexation of
property and the levy of the special tax. The election was held on February 11, 2003. The City Clerk completed a Statement of Votes Cast showing 146 votes cast in favor of the proposition and zero
votes cast against the proposition (Exhibit 5). Council may formally authorize the annexation by
adopting the attached Resolution that will certify and add the property into the original Community
Facilities District. After Council authorization, a Notice of Annexation (Exhibit 6) will be filed with the
County Recorder as a lien against the property.
FISCAL IMPACT:
When CFD No. 1 was established, it was anticipated that all vacant, undeveloped, or
underdeveloped land would annex as it developed, thus providing the necessary cash flow to finance
the construction of certain public facilities. Through the use of the simplified annexation procedure, both the City and the owner are able to avoid election costs and additional time delays. A fee of
$820 to cover annexation processing, map preparation, and filing costs has been paid by each
property owner.
The following estimates for each development are based upon the 2002-03 tax rates now in effect.
Annexation No. 02/03-01- Bressi Ranch
The property being annexed has been approved for the development of 658 residential dwelling units
comprised of approximately 170.7 net acres, a projected 1,579,050 square feet of planned industrial
development (assuming 25% coverage) comprised of 145.0 net acres, and 13.6 net acres of
community facilities. The property will be subject to CFD No. 1 Special Tax - Undeveloped Property beginning in fiscal year 2003-04. The annual levy will be approximately $51,000. The property is
also subject to the CFD No. 1 Special Development Tax - One-Time at the time of building permit
issuance. This tax is estimated at $2,500,000.
Annexation No. 02/03-02 - Palomar Forum
The property being annexed has been approved for the development of 809,714 square feet of
planned industrial development and is comprised of approximately 66.39 net acres. The property will be subject to CFD No. 1 Special Tax - Undeveloped Property beginning in fiscal year 2003-04. The
annual levy will be approximately $19,000. The property is also subject to the CFD No. 1 Special
Development Tax - One-Time at the time of building permit issuance. The tax is estimated at $1,299,000.
Annexation No. 02/03-03 - Carlsbad Racewav
The property being annexed has been approved for the development of 1,411,286 square feet of
planned industrial development and is comprised of approximately 98.25 net acres. The property will be subject to CFD No. 1 Special Tax - Undeveloped Property beginning in fiscal year 2003-04.
Page 3 of Agenda Bill No. 17,100
Using the 2002-03 tax rates, the levy will be approximately $29,000. The property is also subject to
the CFD No. 1 Special Development Tax - One-Time at the time of building permit issuance. Again,
using the 2002-03 tax rates, this tax is estimated at $2,250,000.
EXHIBITS:
I.
2.
3.
4.
5.
6.
7.
8.
9.
Resolution No. 2OO3-068 , certifying and adding property to an existing Community Facilities
District No. 1.
Notice of Annexation.
Resolution No. 2003 - 069 , certifying and adding property to an existing Community Facilities
District No. 1.
Notice of Annexation.
Resolution No. 2003-070 , certifying and adding property to an existing Community Facilities
District No. 1.
Notice of Annexation.
Consent and Waiver to Shortening of Time for Conducting a Special Election in Property
Proposed to be Annexed to City of Carlsbad Community Facilities District No.1 and Appointment
of Authorized Representative for Annexation No. 02/03-01 - Bressi Ranch by General American
Life Insurance Company, on file in the City Clerk's Office.
Consent and Waiver to Shortening of Time for Conducting a Special Election in Property
Proposed to be Annexed to City of Carlsbad Community Facilities District No.1 and Appointment
of Authorized Representative for Annexation No. 02/03-01 - Bressi Ranch by Lennar Bressi
Ranch Venture LLC, on file in the City Clerk's Office.
Consent and Waiver to Shortening of Time for Conducting a Special Election in Property
Proposed to be Annexed to City of Carlsbad Community Facilities District No.1 and Appointment
of Authorized Representative for Annexation No. 02/03-02 - Palomar Forum, on file in the City
Clerk's Office.
IO. Consent and Waiver to Shortening of Time for Conducting a Special Election in Property
Proposed to be Annexed to City of Carlsbad Community Facilities District No.1 and Appointment
of Authorized Representative for Annexation No. 02/03-03 - Carlsbad Raceway, on file in the
City Clerk's Office.
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RESOLUTION NO. 2003-068
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE
RESULTS OF ELECTION AND ADDING PROPERTY TO
COMMUNITY FACILITIES DISTRICT NO. 1
WHEREAS, the City Council of the City of Carlsbad, California (the “City Council”) has
previously formed a Community Facilities District pursuant to the provisions of the “Mello-
Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California, said Article 3.5 thereof. The existing Community
Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 1 (the “District”);
and,
WHEREAS, the legislative body has also established a procedure to allow and
provide for future annexations to the District, and the territory proposed to be so annexed in
the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURE
ANNEXATION AREA; and
WHEREAS, at this time, the unanimous consent to the annexation of certain territory
to the District has been received from the property owner or owners of such territory, and
such territory has been designated. as ANNEXATION NO. 02/03-01 (the “Annexed Area”);
and
WHEREAS, less than twelve (12) registered voters have resided within the territory of
Annexed Area for each of the ninety (90) days preceding February 13, 2003; therefore,
pursuant to the Act, the qualified electors of the Annexed Area shall be the “landowners” of
such Annexed Area as such term is defined in Government Code Section 53317(9, and each
such landowner who is the owner of record as of February 13, 2003, or the authorized
representative thereof, shall have one vote for each acre or portion of an acre of land that she
or he owns within such Annexed Area; and
Y
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WHEREAS, the time limit specified by the Act for conducting an election to submit the
levy of the special taxes on the property within the Annexed Area to the qualified electors of
the Annexed Area and the requirements for impartial analysis and ballot arguments have
been waived with the unanimous consent of the qualified electors of the Annexed Area; and
WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be distributed
to the qualified electors of the Annexed Area, has received and canvassed such ballots, and
has made a report to this City Council regarding the results of such canvas, a copy of which is
attached as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, at this time, the measure was voted upon and such measure did receive
the favorable two-thirds’ vote of the qualified electors, and this City Council desires to declare
the results of the election; and
WHEREAS, a map showing the Annexed Area and designated as Annexation
No. 02/03-01 (the “Annexation Map”), a copy of which is attached as Exhibit B hereto and
incorporated herein by this reference, has been submitted to this legislatie body.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
RECITALS
SECTION 1. The above recitals are all true and correct.
FINDINGS
SECTION 2. That this legislative body does hereby further determine as follows:
A. The unanimous consent to the annexation of the Annexed Area
to the District has been given by all of the owners of the Annexed Area, and such consent
shall be kept on file in the Office of the City Clerk.
B. Less than twelve (12) registered voters have resided within the
territory of Annexed Area for each of the ninety (90) days preceding February 13, 2003;
therefore, pursuant to the Act, the qualified electors of the Annexed Area shall be the
Page 2 of 4 of Resolution No. 2003-068
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“landowners” of such Annexed Area as such term is defined in Government Code
Section 5331 7(f).
C. The qualified electors of the Annexed Area have unanimously
voted in favor of the levy of special taxes within the Annexed Area upon its annexation to the
District.
ANNEXEDAREA
SECTION 3. The boundaries and parcels of territory within the Annexed Area and on
which special taxes will be levied in order to pay for the costs and expenses of authorized
public facilities are shown on the Annexation Map as submitted to and hereby approved by
this legislative body.
DECLARATION OF ANNEXATION
SECTION 4. This legislative body does hereby determine and declare that the
Annexed Area is now added to and becomes a part of the District. The City Council of the
City, acting as the legislative body of the District, is hereby empowered to levy the authorized
special tax within the Annexed Area.
NOTICE
SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as
follows:
A. A copy of the annexation map as approved shall be filed in the
Office of the County Recorder no later than fifteen (15) days after the date of adoption of this
Resolution.
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Page 3 of 4 of Resolution No. 2003-068
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B. An Amendment to the Notice of Special Tax Lien (Notice of
Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15)
days after the date of adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 11th day of MARCH , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: None
ABSENT: Council Member Finnila
WAu'dC"A.&w1S,Wayiir
ATTEST:
(SEAL)
Page 4 of 4 of Resolution No. 2003-068
EXHIBIT “A”
CERTIFICATE OF ELECTION OFF’ICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CARLSBAD 1
The undersigned, ELECTION OFFICIAL, OF THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
SPECIAL, ELECTION
ANNEXATION NO. 02/03 -0 1
in such City, held February 13,2003.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the
area proposed to be annexed to Community Facilities District No. 1 of such City for or against the
Measure are full, true and correct.
VOTES CAST ON PROPOSITION 1:
NO=
YES 561
WITNESS my hand this 19 ~ day ofJ!u ,2@3.
ELECTI. OFFICIAL
CITY 0 CARLSBAD
STATE OF CALIFORNIA
f i
EXHIBIT B
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RESOLUTION NO. 2003-069
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE
RESULTS OF ELECTION AND ADDING PROPERTY TO
COMMUNITY FACILITIES DISTRICT NO. I
WHEREAS, the City Council of the City of Carlsbad, California (the “City Council”) has
previously formed a Community Facilities District pursuant to the provisions of the “Mello-
Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California, said Article 3.5 thereof. The existing Community
Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 1 (the “District”);
and,
WHEREAS, the legislative body has also established a procedure to allow and
provide for future annexations to the District, and the territory proposed.to be so annexed in
the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURE
ANNEXATION AREA; and
WHEREAS, at this time, the unanimous consent to the annexation of certain territory
to the District has been received from the property owner or owners of such territory, and
such territory has been designated as ANNEXATION NO. 02/03-02 (the “Annexed Area”);
and
WHEREAS, less than twelve (12) registered voters have resided within the territory of
Annexed Area for each of the ninety (90) days preceding February 13, 2003; therefore,
pursuant to the Act, the qualified electors of the Annexed Area shall be the “landowners” of
such Annexed Area as such term is defined in Government Code Section 53317(f), and each
such landowner who is the owner of record as of February 13, 2003, or the authorized
representative thereof, shall have one vote for each acre or portion of an acre of land that she
or he owns within such Annexed Area; and
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WHEREAS, the time limit specified by the Act for conducting an election to submit the
levy of the special taxes on the property within the Annexed Area to the qualified electors of
the Annexed Area and the requirements for impartial analysis and ballot arguments have
been waived with the unanimous consent of the qualified electors of the Annexed Area; and
WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be distributed
to the qualified electors of the Annexed Area, has received and canvassed such ballots, and
has made a report to this City Council regarding the results of such canvas, a copy of which is
attached as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, at this time, the measure was voted upon and such measure did receive
the favorable two-thirds’ vote of the qualified electors, and this City Council desires to declare
the results of the election; and
WHEREAS, a map showing the Annexed Area and designated as Annexation
No. 02/03-02 (the “Annexation Map”), a copy of which is attached as Exhibit B hereto and
incorporated herein by this reference, has been submitted to this legislati= body.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
RECITALS
SECTION I. The above recitals are all true and correct.
FINDINGS
SECTION 2. That this legislative body does hereby further determine as follows:
A. The unanimous consent to the annexation of the Annexed Area
to the District has been given by all of the owners of the Annexed Area, and such consent
shall be kept on file in the Office of the City Clerk.
B. Less than twelve (12) registered voters have resided within the
territory of Annexed Area for each of the ninety (90) days preceding February 13, 2003;
therefore, pursuant to the Act, the qualified electors of the Annexed Area shall be the
Page 2 of 4 of Resolution No. 2003-069
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“landowners” of such Annexed Area as such term is defined in Government Code
Section 5331 7(f).
C. The qualified electors of the Annexed Area have unanimously
voted in favor of the levy of special taxes within the Annexed Area upon its annexation to the
District.
ANNEXEDAREA
SECTION 3. The boundaries and parcels of territory within the Annexed Area and on
which special taxes will be levied in order to pay for the costs and expenses of authorized
public facilities are shown on the Annexation Map as submitted to and hereby approved by
this legislative body.
DECLARATION OF ANNEXATION
SECTION 4. This legislative body does hereby determine and declare that the
Annexed Area is now added to and becomes a part of the District. The City Council of the
City, acting as the legislative body of the District, is hereby empowered to levy the authorized
special tax within the Annexed Area.
NOTICE
SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as
follows:
A. A copy of the annexation map as approved shall be filed in the
Office of the County Recorder no later than fifteen (15) days after the date of adoption of this
Resolution.
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Page 3 of 4 of Resolution No. 2003-069
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B. An Amendment to the Notice of Special Tax Lien (Notice of
Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15)
days after the date of adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 11th day of MARCH , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: None
ABSENT: Council Member Finnila
ATTEST:
(SEAL)
'I Page 4 of 4 of Resolution No. 2003-069
EXHIBIT “A”
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CARLSBAD )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
SPECIAL ELECTION
ANNEXATION NO. 02/03-02
in such City, held February 13,2003.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the
area proposed to be annexed to Community Facilities District No. 1 of such City for or against the
Measure are hll, true and correct.
VOTES CAST ON PROPOSITION 1:
No M YES b5
WITNESS my hand this / $?* day of dACtw 7 204%
-CITY c ERK 4 ELEC ON OFFICIAL
CIT OF CARLSBAD
ST TE OF CALIFORNIA
EXHIBIT B
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RESOLUTION NO. 7003 - n70
A RESOLUTION OF THE CITY COUNCIL OF ME
CITY OF CARLSBAD, CALIFORNIA, CERTIFYING ME
RESULTS OF ELECTION AND ADDING PROPERTY TO
COMMUNITY FACILITIES DISTRICT NO. 1
WHEREAS, the City Council of the City of Carlsbad, California (the “City Council”) has
previously formed a Community Facilities District pursuant to the provisions of the “Mello-
Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California, said Article 3.5 thereof. The existing Community
Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 1 (the “District”);
and,
WHEREAS, the legislative body has also established a procedure to allow and
provide for future annexations to the District, and the territory proposed to be so annexed in
the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURE
ANNEXATION AREA; and
WHEREAS, at this time, the unanimous consent to the annexation of certain territory
to the District has been received from the property owner or owners of such territory, and
such territory has been designated as ANNEXATION NO. 02/03-03 (the “Annexed Area”);
and
WHEREAS, less than twelve (12) registered voters have resided within the territory of
Annexed Area for each of the ninety (90) days preceding February 11, 2003; therefore,
pursuant to the Act, the qualified electors of the Annexed Area shall be the “landowners” of
such Annexed Area as such term is defined in Government Code Section 53317(f), and each
such landowner who is the owner of record as of February 11, 2003, or the authorized
representative thereof, shall have one vote for each acre or portion of an acre of land that she
or he owns within such Annexed Area; and
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WHEREAS, the time limit specified by the Act for conducting an election to submit the
levy of the special taxes on the property within the Annexed Area to the qualified electors of
the Annexed Area and the requirements for impartial analysis and ballot arguments have
been waived with the unanimous consent of the qualified electors of the Annexed Area; and
WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be distributed
to the qualified electors of the Annexed Area, has received and canvassed such ballots, and
has made a report to this City Council regarding the results of such canvas, a copy of which.is
attached as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, at this time, the measure was voted upon and such measure did receive
the favorable two-thirds’ vote of the qualified electors, and this City Council desires to declare
the results of the election; and
WHEREAS, a map showing the Annexed Area and designated as Annexation
No. 02/03-03 (the “Annexation Map”), a copy of which is attached as Exhibit B hereto and
incorporated herein by this reference, has been submitted to this legislatiw body.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
RECITALS
SECTION 1. The above recitals are all true and correct.
FINDINGS
SECTION 2. That this legislative body does hereby further determine as follows:
A. The unanimous consent to the annexation of the Annexed Area
to the District has been given by all of the owners of the Annexed Area, and such consent
shall be kept on file in the Office of the City Clerk.
6. Less than twelve (12) registered voters have resided within the
territory of Annexed Area for each of the ninety (90) days preceding February 11, 2003;
therefore, pursuant to the Act, the qualified electors of the Annexed Area shall be the
Page 2 of 4 of Resolution No. 2003-070
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"landowners" of such Annexed Area as such term is defined in Government Code
Section 5331 7(f).
C. The qualified electors of the Annexed Area have unanimously
voted in favor of the levy of special taxes within the Annexed Area upon its annexation to the
District.
ANNEXED AREA
SECTION 3. The boundaries and parcels of territory within the Annexed Area and on
which special taxes will be levied in order to pay for the costs and expenses of authorized
public facilities are shown on the Annexation Map as submitted to and hereby approved by
this legislative body.
DECLARATION OF ANNEXATION
SECTION 4. This legislative body does hereby determine and declare that the
Annexed Area is now added to and becomes a part of the District. The City Council of the
City, acting as the legislative body of the District, is hereby empowered to levy the authorized
special tax within the Annexed Area.
NOTICE
SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as
follows:
A. A copy of the annexation map as approved shall be filed in the
Office of the County Recorder no later than fifteen (15) days after the date of adoption of this
Resolution.
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Page 3 of 4 of Rekolution NO. 2003-070
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B. An Amendment to the Notice of Special Tax Lien (Notice of
Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15)
days after the date of adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 11th day of MARCH , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: None
ABSENT: Council Member Finnila
ATTEST:
(SEAL)
Page 4 of 4 of Resolution No. 2003-070
EXHlBIT “A”
CERTIFICATE OF ELECTION OFFlCIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CARLSBAD )
The undersigned, ELECTION OFFICIAL, OF THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTPY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
SPECIAL ELECTION
ANNEXATION NO. 02/03-03
in such City, held February 1 1,2003.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the
area proposed to be annexed to Community Facilities District No. 1 of such City for or against the
Measure are full, true and correct.
VOTES CAST ON PROPOSITION 1:
NO
WITNES S my hand this /4n
ELEcP CITY F CARLSBAD OFFICIAL
STATE OF CALIFORNIA
EXHIBIT B
rl
\
0
""""""""""" *
\
B
WHEN RECORDED, RETURN TO:
CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN
(NOTICE OF ANNEXATION)
Pursuant to the requirements of Section 3 117.5 of the Streets and Highways Code and Section 53339.8
of the Government Code, the undersigned City Clerk of the City of Carlsbad, acting for and on behalf
of Community Facilities District No. 1 (the “District”), State of California, HEREBY GIVES NOTICE
that a lien is hereby imposed on certain real property annexed to the District to secure payment of a
special tax which the City Council of the City of Carlsbad, County of San Diego, State of California,
acting in its authority as the legislative body of the District, is authorized to annually levy for the
following purpose:
To pay for certain public capital facilities including the payment of principal and interest on bonds,
said facilities generally described as follows:
Public facilities generally described as new library’facility, major addition to an existing
library building, a City Hall complex, and the addition of office and warehouse facilities
at the public safety center;
Park improvements generally described as the Macario Canyon Park;
Major street improvements in portions of the following designated public streets:
(a.) Faraday Avenue;
(b.) Cannon,Road;
(c.) La Costa Avenue;
(d.) OlivenhaidRancho Santa Fe Road; and
(e.) Leucadia Boulevard.
Major bridge and overpass facilities generally described as:
(a.) La Costa Interchange;
(b.) Poinsettia Interchange; and
(c.) Palomar Airport Road Interchange.
The special tax is authorized to be levied on the property described in Exhibit “A” attached hereto (the
“hexed Property”), which has been annexed to Community Facilities District No. 1, and the lien of
the special tax is a continuing lien which shall secure each annual levy of the special tax and which
shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and
cancelled in accordance with law or until the special tax ceases to be levied and a notice of cessation of
special tax is recorded in accordance with Section 53330.5 of the Government Code.
The rate and method of apportionment of the authorized special tax is as shown on the attached,
referenced and incorporated Exhibit “B,” and the special tax shall be collected in the same manner as
ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the
same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied
and the lien of the special tax cancelled are as follows:
Any special tax may be prepaid and satisfied by the payment of the maximum
present value of the special tax obligation.
Notice is further given that upon the recording of this notice in the Office of the County Recorder, the
obligation to pay the special tax levy shall become a lien upon the Annexed Property in accordance
with Section 3 1 15.5 of the Streets and Highways Code.
The names of the owner(s) of the Annexed Property as they appear on the last secured assessment roll
as of the date of recording of this Notice and the Assessor’s tax parcel(s) numbers of all parcels or any
portion thereof which are included within the Annexed Property are as set forth on the attached,
referenced and incorporated Exhibit “A.”
Reference is made to the following:
1. Notice of Special Tax Lien for the original Community Facilities District recorded May 20,
1991 as Document No. 91-236959, in the Office of the County Recorder for the County of San Diego,
State of California, which Notice is amended by the recordation of this document.
2. Boundary map of the original District recorded at Book 24, Page 56, Document No. 90-6741 18,
Maps of Assessment and Community Facilities Districts in the Office of the County Recorder for the
County of San Diego, State of California.
3. Boundary map of Annexation Area No. 01/02- - recorded at Book 2 Page 7
Document No. , Maps of Assessment and Community Facilities Districts in the Office of the
County Recorder for the County of San Diego, State of California.
For further information concerning the current and estimated future tax liability of owners or
purchasers of real property subject to this special tax lien, interested persons should contact the
following designated person:
Lisa Hildabrand, Finance Director
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2490
gty of Carlsbad
State of California
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
PROPERTY OWNER NAMES AND ASSESSORS PARCEL NUMBERS
"EXHIBIT A"
Property Owner:
Assessor's Parcel No.:
Property Owner:
Assessor Parcel No.:
General American Life Insurance Company
213-030-17-00
Bressi Lennar Ranch Venture LLC
213-030-18-00
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. I
RATE AND METHOD OF APPORTIONMENT
EXHIBIT “B”
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Future Annexation Area shall be
subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as
established for the original Community Facilities District No. 1 and further based upon
the property categories, maximum tax rates, increases and status of the issuance of
building permits, all as hereinafter set forth. Improvement Area I refers to all properties
within the boundaries of the City of Carlsbad Bridge and Thoroughfare District.
Improvement Area II is for all remaining properties within the Community Facilities
District, not within the Bridge and Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building permit shall be subject to the
following maximum annual special taxes, subject to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 281.00
Residential Low to Medium 772.00
Residential Medium 1,294.00
Residential Medium to High 1 , 984.00
Residential High 2,793.00
$ 277.00
760.00
1,217.00
1 ,868.00
2,739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential properties shall be subject to the
following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to
increases as set forth herein, as follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991
IMPROVEMENT * IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 4,452.00
Residential Low to Medium 4,452.00
Residential Medium 2,810.00
Residential Medium to High 2,810.00
Residential High 2,810.00
$ 3,835.00
3,835.00
2,312.00
2,312.00
2,312.00
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior to the issuance of a building permit
shall be subject to the following maximum annual special taxes, also subject to
increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA II
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuance of a building permit, shall
have the option to (1 ) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2)
assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to
exceed twenty-five (25) years, generally in the amounts per property category as
follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT
DESIGNATIONS AREA I
Restaurant - Fast Food $ 28.46
Outdoor Tennis Courts 28.14
Convenience Market 27.31
Bank with Drive-thru 18.06
Campground 17.51
Restaurant - Sit Down 15.17
Marina 14.85
Bank - Walk In 12.83
Auto - Gasoline 8.1 1
Grocery Store 7.78 S & L with Drive-thru 7.59 '
Bowling Center 6.63
Restaurant - Quality 6.57
Neighborhood Shopping Center 6.46
Auto Car Wash 6.31 S & L - Walk In 5.51
Race Track 5.10
Library 4.26
Community Shopping Center 4.24
Hospital - General 3.88
Hotel - Conv. FadComm. 3.47
Auto - Repair & Sales 3.41
Regional Shopping Center 3.35
Discount Store 3.22
Golf Course 3.06
Church 2.99
Office - Government 2.93
Commercial Shops 2.90
Health Club 2.89
Motel 2.69
Office - High Rise 2.67
Office - Commercial, 100,000 SF 2.56
LumbedHardware Store 2.47
Office '- Medical 2.42
Hospital - Convalescent 2.33
Indoor Sports Arena 2.33
IMPROVEMENT
AREA II
$ 7.58
7.26
6.74
5.72
4.99
4.73
4.41
4.60
2.89
2.56
3.48
2.83
3.09
2.27
2.52
3.03
2.33
2.86
1.80
3.18
2.52
1.58
1.61
1.58
2.14
1.94
1.88
1.58
1.85
2.06
1.84
1.75
1.58
2.07
2.23
2.23
I' ...
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS AREA I AREA II
Resort Hotel
University
Junior College
2.30
2.26
2.19
All other Commercial Properties
not identified above 2.14
1.98
1.91
1.90
1.44
INDUSTRIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS AREA I AREA II
Heliports $ 10.63 $ 3.67
Industrial-Commercial
Business Park 2.14 1.51
All other Industrial Properties
not identified above 1.74 1.42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The “Maximum Annual Special Tax - Developed Property” for any Fiscal Year shall not
exceed 13.81 % of the authorized “Maximum Special Development Tax - One Time” for
the various Commercial and Industrial Property categories as set forth above in the
amount applicable and annually adjusted for each Fiscal Year.
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year
1990/91 and are all subject to annual increases to reflect increases in construction
costs. The Construction Cost Index of the Engineering News-Record, titled “ENR Cost
Indexes in 22 Cities” will be used. The Index published for the month of April for the
City of Los Angeles under the column heading of “Percentage Change from Last Year”
will annually inflate each of the Maximum Annual Taxes for each year for properties as
follows:
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100%
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have been discharged and facilities
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has
been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not
be levied for a period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and the SPECIAL
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be
subject to any annual special tax.
Commercial and Industrial:
The Commercial and Industrial properties, upon the issuance of a building permit, have
the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the
ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the
issuance of any building permit, no further increase or escalation is authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities shall be allocated as follows: 65% to
Residential property, 35% to Commercial and Industrial property. The above costs
exclude costs of issuance as needed.
Residential property shall be taxed in an amount sufficient to meet the 65% share of
facilities, which tax will include costs of issuance, interest and other costs, including
sinking fund payments for future construction as applicable.
Commercial and Industrial property shall be taxed in an amount sufficient to meet the
35% share of facilities, which tax will include costs of issuance, interest and other costs,
including sinking fund payments for future construction as applicable.
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt service, replenish reserve,
call bonds, pay bonds and Community Facilities District No. 1 administrative costs, and
pay for public capital facilities. FIRST: Reduce this amount by the funds collected from
Special Development Tax - One Time levied against residential properties. SECOND:
The remaining funds needed are to be collected by the levy of the annual Special Tax -
Undeveloped Property on undeveloped taxable residential acreage, in the proportional
amounts of each property category as required, not to exceed the maximum authorized
tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replenish reserve,
call bonds, pay bonds, and Community Facilities District No. 1 administrative costs, and
pay for current or future public capital facilities. FIRST: Reduce this amount by the
funds collected from Special Development Tax - One Time and annual Special Tax -
Developed Property levied against Commercial and -Industrial properties. SECOND:
Levy the annual Special Tax - Undeveloped Property on undeveloped taxable
Commercial and Industrial acreage in the proportional amounts for each property
category as required, not to exceed the maximum tax.
***
WHEN RECORDED, RETURN TO:
CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN
(NOTICE OF ANNEXATION)
Pursuant to the requirements of Section 31 17.5 of the Streets and Highways Code and Section 53339.8
of the Government Code, the undersigned City Clerk of the City of Carlsbad, acting for and on behalf
of Community Facilities District No. 1 (the “District”), State of California, HEREBY GIVES NOTICE
that a lien is hereby imposed on certain real property annexed to the District to secure payment of a
special tax which the City Council of the City of Carlsbad, County of San Diego, State of California,
acting in its authority as the legislative body of the District, is authorized to annually levy for the
following purpose:
To pay for certain public capital facilities including the payment of principal and interest on bonds,
said facilities generally described as follows:
Public facilities generally described as new library facility, major addition to an existing
library building, a City Hall complex, and the addition of office and warehouse facilities
at the public safety center;
Park improvements generally described as the Macario Canyon Park;
Major street improvements in portions of the following designated public streets:
(a.) Faraday Avenue;
(b.) Cannon Road;
(c.) La Costa Avenue;
(d.) OlivenhaidRancho Santa Fe Road; and
(e.) Leucadia Boulevard.
Major bridge and overpass facilities generally described as:
(a.) La Costa Interchange;
(b.) Poinsettia Interchange; and
(c.) Palomar Airport Road Interchange.
The special tax is authorized to be levied on the property described in Exhibit “A” attached hereto (the
“Annexed Property”), which has been annexed to Community Facilities District No. 1, and the lien of
the special tax is a continuing lien which shall secure each annual levy of the special tax and which
shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and
cancelled in accordance with law or until the special tax ceases to be levied and a notice of cessation of
special tax is recorded in accordance with Section 53330.5 of the Government Code.
The rate and method of apportionment of the authorized special tax is as shown on the attached,
referenced and incorporated Exhibit “By” and the special tax shall be collected in the same manner as
ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the
same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied
and the lien of the special tax cancelled are as follows:
Any special tax may be prepaid and satisfied by the payment of the maximum
present value of the special tax obligation.
Notice is further given that upon the recording of this notice in the Office of the County Recorder, the
obligation to pay the special tax levy shall become a lien upon the Annexed Property in accordance
with Section 3 115.5 of the Streets and Highways Code.
The names of the owner(s) of the Annexed Property as they appear on the last secured assessment roll
as of the date of recording of this Notice and the Assessor’s tax parcel(s) numbers of all parcels or any
portion thereof which are included within the Annexed Property are as set forth on the attached,
referenced and incorporated Exhibit “A.”
Reference is made to the following:
1. Notice of Special Tax Lien for the original Community Facilities District recorded May 20,
1991 as Document No. 91-236959, in the Office of the County Recorder for the County of San Diego,
State of California, which Notice is amended by the recordation of this document.
2. Boundary map of the original District recorded at Book 24, Page 56, Document No. 90-6741 18,
Maps of Assessment and Community Facilities Districts in the Office of the County Recorder for the
County of San Diego, State of California:
3. Boundary map of Annexation Area No. 01/02- - recorded at Book 7 Page
Document No. , Maps of Assessment and Community Facilities Districts in the Office of the
County Recorder for the County of San Diego, State of California.
For further information concerning the current and estimated future tax liability of owners or
purchasers of real property subject to this special tax lien, interested persons should contact the
following designated person:
Lisa Hildabrand, Finance Director
City of Carlsbad
163 5 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2490
DATED: ,2003
&ty of Carlsbad
State of California
CITY OF CARLSBAD
COMMUNlTY FACILITIES DISTRICT NO. 1
PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBERS
"EXHIBIT A"
Property Owner:
Assessor's Parcel No. :
Palomar Forum Associates LP
221-010-17-00
221-012-10-00
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
RATE AND METHOD OF APPORTIONMENT
EXHIBIT " B"
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Future Annexation Area shall be
subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as
established for the original Community Facilities District No. 1 and further based upon
the property categories, maximum tax rates, increases and status of the issuance of
building permits, all as hereinafter set forth. Improvement Area I refers to all properties
within the boundaries of the City of Carlsbad Bridge and Thoroughfare District.
Improvement Area II is for all remaining properties within the Community Facilities
District, not within the Bridge and Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building permit shall be subject to the
following maximum annual special taxes, subject to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 281.00
Residential Low to Medium 772.00
Residential Medium 1,294.00
Residential Medium to High 1,984.00
Residential High 2,793.00
$ 277.00
760.00
1,217.00
1,868.00
2,739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential properties shall be subject to the
following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to
increases as set forth herein, as follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 4,452.00
Residential Low to Medium 4,452.00
Residential Medium 2,810.00
Residential Medium to High 2,810.00
Residential High 2,810.00
$ 3,835.00
3,835.00
2,312.00
2,312.00
2,312.00
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior to the issuance of a building permit
shall be subject to the following maximum annual special taxes, also subject to
increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA II
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuance of a building permit, shall
have the option to (I) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2)
assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to
exceed twenty-five (25) years, generally in the amounts per property category as
follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT
DESIGNATIONS AREA I
Restaurant - Fast Food $ 28.46
Outdoor Tennis Courts 28.14
Convenience Market 27.31
Bank with Drive-thru 18.06
Campground 17.51
Restaurant - Sit Down 15.17
Marina 14.85
Bank - Walk In 12.83
Auto - Gasoline 8.1 1
Grocery Store 7.78
S & L with Drive-thru 7.59
Bowling Center 6.63
Restaurant - Quality 6.57
Neighborhood Shopping Center 6.46
Auto Car Wash 6.31 S & L - Walk In 5.51
Race Track 5.1 0
Library \ 4.26
Community Shopping Center 4.24
Hospital - General 3.88
Hotel - Conv. Fac/Comm. 3.47
Auto - Repair & Sales 3.41
Regional Shopping Center 3.35
Discount Store 3.22
Golf Course 3.06
Church 2.99
Office - Government 2.93
Commercial Shops 2.90
Health Club 2.89
Motel 2.69
Office - High Rise 2.67
Office - Commercial, 100,000 SF 2.56
LumberIHardware Store 2.47
Office - Medical 2.42
Hospital - Convalescent 2.33
Indoor Sports Arena 2.33
IMPROVEMENT
AREA II
$ 7.58 7.26
6.74
5.72
4.99
4.73
4.41
4.60
2.89
2.56 3.48
2.83
3.09
2.27
2.52
3.03
2.33
2.86
1.80
3.18
2.52
1.58
1.61
1.58
2.14
1.94
1.88
1.58
1.85
2.06
1.84
1.75
1.58
2.07
2.23
2.23
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS AREA I AREA II
Resort Hotel
University
Junior College
2.30
2.26
2.1 9
All other Commercial Properties
not identified above 2.14
1.98
1.91
1.90
1.44
INDUSTRIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS AREA I AREA II
Heliports $ 10.63 $ 3.67
Industrial-Commercial
Business Park 2.14 1.51
All other Industrial Properties
not identified above 1.74 1.42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The “Maximum Annual Special Tax - Developed Property” for any Fiscal Year shall not
exceed 13.81 % of the authorized “Maximum Special Development Tax - One Time” for
the various Commercial and Industrial Property categories as set forth above in the
amount applicable and annually adjusted for each Fiscal Year.
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year
1990/91, and are all subject to annual increases to reflect increases in construction
costs. The Construction Cost Index of the Enclineerincl News-Record, titled “ENR Cost
Indexes in 22 Cities” will be used. The Index published for the month of April for the
City of Los Angeles under the column heading of “Percentage Change from Last Year”
will annually inflate each of the Maximum Annual Taxes for each year for properties as
follows:
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100%
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have been discharged and facilities
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has
been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not
be levied for a period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and the SPECIAL
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be
subject to any annual special tax.
Commercial and Industrial:
The Commercial and Industrial properties, upon the issuance of a building permit, have
the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the
ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the
issuance of any building permit, no further increase or escalation is authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities shall be allocated as follows: 65% to
Residential property, 35% to 'Commercial and Industrial property. The above costs
exclude costs of issuance as needed.
Residential property shall be taxed in an amount sufficient to meet the 65% share of
facilities, which tax will include costs of issuance, interest and other costs, including
sinking fund payments for future construction as applicable.
Commercial and Industrial property shall be taxed in an amount sufficient to meet the
35% share of facilities, which tax will include costs of issuance, interest and other costs,
including sinking fund payments for future construction as applicable.
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bon'd debt service, replenish reserve,
call bonds, pay bonds and Community Facilities District No. 1 administrative costs, and
pay for public capital facilities. FIRST: Reduce this amount by the funds collected from
Special Development Tax - One Time levied against residential properties. SECOND:
The remaining funds needed are to be collected by the levy of the annual Special Tax -
Undeveloped Property on undeveloped taxable residential acreage, in the proportional
amounts of each property category as required, not to exceed the maximum authorized
tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replenish reserve,
call bonds, pay bonds, and Community Facilities District No. 1 administrative costs, and
pay for current or future public capital facilities. FIRST: Reduce this amount by the
funds collected from Special Development Tax - One Time and annual Special Tax -
Developed Property levied against Commercial and -Industrial properties. SECOND:
Levy the annual Special Tax - Undeveloped Property on undeveloped taxable
Commercial and Industrial acreage in the proportional amounts for each property
category as required, not to exceed the maximum tax.
***
WHEN RECORDED, RETURN TO:
CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN
(NOTICE OF ANNEXATION)
Pursuant to the requirements of Section 31 17.5 of the Streets and Highways Code and Section 53339.8
of the Government Code, the undersigned City Clerk of the City of Carlsbad, acting for and on behalf
of Community Facilities District No. 1 (the “District”), State of California, HEREBY GIVES NOTICE
that a lien is hereby imposed on certain real property annexed to the District to secure payment of a
special tax which the City Council of the City of Carlsbad, County of San Diego, State of California,
acting in its authority as the legislative body of the District, is authorized to annually levy for the
following purpose:
.To pay for certain public capital facilities including the payment of principal and interest on bonds,
said facilities generally described as follows:
Public facilities generally described as new library facility, major addition to an existing
library building, a City Hall complex, and the addition of office and warehouse facilities
at the public safety center;
Park improvements generally described as the Macario Canyon Park;
Major street improvements in portions of the following designated public streets:
(a.) Faraday Avenue;
(b.) Cannon Road;
(c.) La Costa Avenue;
(d.) OlivenhainiRancho Santa Fe Road; and
(e.) Leucadia Boulevard.
Major bridge and overpass facilities generally described as:
(a.) La Costa Interchange;
(b.) Poinsettia Interchange; and
(c.) Palomar Airport Road Interchange.
The special tax is authorized to be levied on the property described in Exhibit “A” attached hereto (the
“Annexed Property”), which has been annexed to Community Facilities District No. 1 , and the lien of
the special tax is a continuing lien which shall secure each annual levy of the special tax and which
shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and
cancelled in accordance with law or until the special tax ceases to be levied and a notice of cessation of
special tax is recorded in accordance with Section 53330.5 of the Government Code.
The rate and method of apportionment of the authorized special tax is as shown on the attached,
referenced and incorporated Exhibit “By” and the special tax shall be collected in the same manner as
ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the
same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied
and the lien of the special tax cancelled are as follows:
Any special tax may be prepaid and satisfied by the payment of the maximum
present value of the special tax obligation.
Notice is further given that upon the recording of this notice in the Office of the County Recorder, the
obligation to pay the special tax levy shall become a lien upon the Annexed Property in accordance
with Section 3 115.5 of the Streets and Highways Code..
The names of the owner(s) of the Annexed Property as they appear on the last secured assessment roll
as of the date of recording of this Notice and the Assessor’s tax parcel(s) numbers of all parcels or any
portion thereof which are included within the Annexed Property are as set forth on the attached,
referenced and incorporated Exhibit “A,”
Reference is made to the following:
1. Notice of Special Tax Lien for the original Community Facilities District recorded May 20,
1991 as Document No. 91-236959, in the Office of the County Recorder for the County of San Diego,
State of California, which Notice is amended by the recordation of this document.
2. Boundary map of the original District recorded at Book 24, Page 56, Document No. 90-6741 18,
Maps of Assessment and Community Facilities Districts in the Office of the County Recorder for the
County of San Diego, State of California.
3. Boundary map of Annexation Area No. 01/02- __ recorded at Book 9 Page 9
Document No. , Maps of Assessment and Community Facilities Districts in the Ofice of the
County Recorder for the County of San Diego, State of California.
For further information concerning the.current and estimated future tax liability of owners or
purchasers of real property subject to this special tax lien, interested persons should contact the
following designated person:
Lisa Hildabrand, Finance Director
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2490
DATED: fl &d~ /g ,2003
CiK of Carlsbad
State of California
W
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBER
"EXHIBIT A"
Property Owner:
Assessor's Parcel No. :
LSOF Carlsbad Land LP
22 1-0 1 1-03-00
22 1-0 1 1-04-00
22 1-0 1 1-05-00
22 1-0 10-22-00
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
RATE AND METHOD OF APPORTIONMENT
EXHIBIT “B”
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Future Annexation Area shall be
subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as
established for the original Community Facilities District No. 1 and further based upon
the property categories, maximum tax rates, increases and status of the issuance of
building permits, all as hereinafter set forth. Improvement Area I refers to all properties
within the boundaries of the City of Carlsbad Bridge and Thoroughfare District.
Improvement Area II is for all remaining properties within the Community Facilities
District, not within the Bridge and Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building permit shall be subject to the
following maximum annual special taxes, subject to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 281.00
Residential Low to Medium 772.00
Residential Medium 1,294.00
Residential Medium to High 1 , 984.00
Residential High 2,793.00
$ 277.00
1,217.00
1,868.00
2,739.00
760.00 ’
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential properties shall be subject to the
following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to
increases as set forth herein, as follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 4,452.00
Residential Low to Medium 4,452.00
Residential Medium 2,810.00
Residential Medium to High 2,810.00
Residential High 2,810.00
$ 3,835.00
3,835.00
2,312.00
2,312.00
2,312.00
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior to the issuance of a building permit
shall be subject to the following maximum annual special taxes, also subject to
increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA II
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuance of a building permit, shall
have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2)
assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to
exceed twenty-five (25) years, generally in the amounts per property category as
follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
COMMERCIAL USE
DESIGNATIONS
Restaurant - Fast Food
Outdoor Tennis Courts
Convenience Market
Bank with Drive-thru
Campground
Restaurant - Sit Down
Marina
Bank - Walk In
Auto - Gasoline
Grocery Store
S & L with Drive-thru
Bowling Center
Restaurant - Quality
Neighborhood Shopping Center
Auto Car Wash S & L - Walk In
Race Track
Library
Community Shopping Center
Hospital - General
Hotel - Conv. Fac/Comm.
Auto - Repair & Sales
Regional Shopping Center
Discount Store
Golf Course
Church
Office - Government
Commercial Shops
Health Club
Motel
Office - High Rise
Office - Commercial, 100,000 SF
LurnbedHardware Store
Office - Medical
Hospital - Convalescent
IMPROVEMENT
AREA I
$ 28.46
28.14 .
27.31
18.06
17.51
15.17
14.85
12.83
8.1 1
7.78
7.59
6.63
6.57
6.46
6.31
5.51
5.10
4.26
4.24
3.8%
3.47
3.41
3.35
3.22
3.06
2.99
2.93
2.90
2.89
2.69
2.67
2.56
2.47
2.42
2.33
Indoor Sports Arena 2.33
IMPROVEMENT
AREA II
$ 7.58
7.26
6.74
5.72
4.99
4.73
4.41
4.60
2.89
2.56
3.48
2.83
3.09
2.27
2.52
3.03
2.33
2.86
1.80
3.18
2.52
1.58
1.61
1.58
2.14
1.94
I .88
1.58
1.85
2.06
1.84
1.75
1.58
2.07
2.23
2.23
li
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT
DESIGNATIONS AREA I
Resort Hotel
University
Junior College
2.30
2.26
2.19
All other Commercial Properties
not identified above 2.14
INDUSTRIAL USE IMPROVEMENT
DESIGNATIONS AREA I
Heliports $ 10.63
Industrial-Commercial
Business Park 2.14
All other Industrial Properties
not identified above 1.74
IMPROVEMENT
AREA II
1.98
1.91
1.90 ’
1.44
IMPROVEMENT
AREA II
$ 3.67
1.51
1.42
OR, IN THE ALTERNATEl
ANNUAL SPECIAL TAX
The “Maximum Annual Special Tax - Developed Property” for any Fiscal Year shall not
exceed 13.81 % of the authorized “Maximum Special Development Tax - One Time” for
the various Commercial and Industrial Property categories as set forth above in the
amount applicable and annually adjusted for each Fiscal Year.
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year
1990/91 I and are all subject to annual increases to reflect increases in construction
costs. The Construction Cost Index of the Enaineerina News-Record, titled “ENR Cost
Indexes in 22 Cities” will be used. The Index published for the month of April for the
City of Los Angeles under the column heading of “Percentage Change from Last Year“
will annually inflate each of the Maximum Annual Taxes for each year for properties as
follows:
.
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100%
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have been discharged and facilities
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has
been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not
be levied for a period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and the SPECIAL
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be
subject to any annual special tax.
Commercial and Industrial:
The Commercial and Industrial properties, upon the issuance of a building permit, have
the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the
ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the
issuance of any building permit, no further increase or escalation is authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities shall be allocated as follows: 65% to
Residential property, 35% to Commercial and Industrial property. The above costs
exclude costs of issuance as needed.
Residential property shall be taxed in an amount sufficient to meet the 65% share of
facilities, which tax will include costs of issuance, interest and other costs, including
sinking fund payments for future construction as applicable.
Commercial and Industrial property shall be taxed in an amount sufficient to meet the
35% share of facilities, which tax will include costs of issuance, interest and other costs,
including sinking fund payments for future construction as applicable.
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt service, replenish reserve,
call bonds, pay bonds and Community Facilities District No. 1 administrative costs, and
pay for public capital facilities. FIRST: Reduce this amount by the funds collected from
Special Development Tax - One Time levied against residential properties. SECOND:
The remaining funds needed are to be collected by the levy of the annual Special Tax -
Undeveloped Property on undeveloped taxable residential acreage, in the proportional
amounts of each property category as required, not to exceed the maximum authorized
tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replenish reserve,
call bonds, pay bonds, and Community Facilities District No. 1 administrative costs, and
pay for current or future public capital facilities. FIRST: Reduce this amount by the
funds collected from Special Development Tax - One Time and annual Special Tax -
Developed Property levied against Commercial and Industrial properties. SECOND:
Levy the annual Special Tax - Undeveloped Property on undeveloped taxable
Commercial and Industrial acreage in the proportional amounts for each property
category as required, not to exceed the maximum tax.
***
CONSENT AND WAIVER TO SHORTENING OF TIME
FOR CONDUCTING A SPECIAL ELECTION IN
PROPERTY PROPOSED TO BE ANNEXED TO
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES
ANNEXATION NO. 02/03-01
TO: CITY COUNCIL
COMMUNITY FACILITIES DISTRICT NO. 1
OF THE CITY OF CARLSBAD
THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PERJURY
AS FOLLOWS:
1. The undersigned is the owner, or the duly authorized representative of such owner, of the
real property described in Exhibit "A" attached hereto and incorporated herein by reference (the
"Property1'), and, in such capacity, possesses all legal authority necessary to execute this Consent
and Waiver as and on behalf of the owner of the Property (the "Owner") in connection with the
annexation of the Property to the District (as defined below).
2. The Owner is aware of and understands the following:
A. The City of Carlsbad has conducted proceedings pursuant to the "Mello-Roos
Community Facilities Act of 1982", (Government Code $533 1 1 and following)
(the "Act") to form a community facilities district known and designated as
Community Facilities District No. 1 (the "District") to finance the following
described public facilities (the "Public Facilities"):
(1) Public facilities generally described as new library facility, major addition
to an existing library building, a City Hall complex, and the addition of
office and warehouse facilities at the public safety center;
(2) Park improvements generally described as the Macario Canyon Park;
(3) Major street improvements in portions of the following designated public
streets:
(a.) Faraday Avenue;
(b.) Cannon Road;
(c.) La Costa Avenue;
(d.) OlivenhaidRancho Santa Fe Road; and
(e.) Leucadia Boulevard.
1
(4) Major bridge and overpass facilities generally described as:
(a.) La Costa Interchange;
(b.) Poinsettia Interchange; and
(c.) Palomar Airport Road Interchange.
B. The City and the qualified electors of the District did authorize the issuance of
bonds of the District in an aggregate principal amount of $130,000,000 subject to
inflation to finance the acquisition or construction of the Public Facilities and the
levy of the special tax set forth in Exhibit I’BII hereto (the “Special Tax”) within
the District to pay for the Public Facilities, to pay debt service on bonds of the
District, or both.
C. The City Council of the City (the “City Council”) has also undertaken
proceedings pursuant to Article 3.5 of the Act to provide for the hture annexation
of certain territory, including the Property, to the District. On May 18, 1993, the
City Council held a public hearing as required by the Act to consider the fbture
annexation of such territory, including the Property, to the District. Notice of
such public hearing was given in the form and manner as required by law. A
protest to such future annexation was not received fiom 50% or more of the
registered voters, or six registered voters, whichever is more, residing in the
territory proposed to be annexed in the future or the owners of one-half or more of
the area of land in the territory proposed to be annexed in the future. At the
conclusion of such public heariqg, the City Council did approve and provide for
the annexation of the territory, including the Property, proposed for annexation in
the future upon the unanimous approval of the owner or owners of each parcel or
parcels at the time that such parcel or parcels are annexed, without additional
hearings.
D. The Act further requires, as a prerequisite to the levy of any special taxes within
the Property or the issuance of bonds secured by such special taxes, that the City
Council must submit the question of whether or not to levy any special tax within
the Property to the qualified electors of the Property at a special election. The Act
krther provides that 2/3’s of the qualified electors must vote in favor of the levy
of the special tax.
E. The Act provides that the qualified electors of the Property shall be the voters
registered to vote within Property if at least twelve (12) persons, who need not .
necessarily be the same twelve (12) persons, have been registered to vote within
the Property for each of the ninety (90) days preceding the close of the public
hearing to consider the annexation of the Property to the District. Otherwise, the
Act provides that the vote shall be by the landowners of the Property with each
such landowner who is the owner of record at the close of such public hearing, or
the authorized representative of such owner, having one vote for each acre or
portion of an acre of land that such landowner owns within the Property.
2
F. The provisions of the Act require that such special election be held at least ninety
(90) but not more than one hundred eighty days (180) following the date of the
submission of the question of levying the special tax to the qualified electors of
the Property; provided, however, any such special election time limit specified by
the Act or requirement pertaining to the conduct of such a special election may be
waived with the unanimous consent of the qualified electors of the Property and
the concurrence of the official conducting the election. As is stated below, it is
proposed that the special election shall be held on Tuesday, February 11, 2003 at
9:00 a.m. or such other date upon which all of the qualified electors of the
Property and the official conducting the election may concur.
3. The Owner consents to and expressly approves the annexation of the Property to the
District and the authorization for the levy of the Special Tax within the Property without fbrther
public hearing conducted pursuant to the provisions of the Act. The Owner waives any right
which the Owner may have to make any protest or complaint or undertake any legal action
challenging the validity of the proceedings of the City to authorize the hture annexation of the
Property to the District or any necessity, requirement, right or entitlement for hrther public
hearing pertaining to the annexation of the Property to the District and the levy of the Special
Tax within the Property.
4. Owner certifies that there have been no persons residing within the Property for each of
the ninety (90) days preceding the date of this Consent and Waiver.
5. Owner desires that the special election be held on Tuesday, February 11, 2003 at 9:OO
a.m. or such other date as the qualified electors and the City Clerk of the City, acting as the
official conducting the election (the “City Clerk”), may mutually agree.
6. Owner expressly consents to the following:
A. To the conduct of the special election on Tuesday, February 11, 2003 at 9:00 a.m.
or such other date as the qualified electors and the City Clerk may mutually agree.
B. Owner expressly waives any right which owner may have to have the special
election conducted within the time periods specified in Government Code Section
53326.
C. Owner waives any requirement for the mailing of the election ballot.
D. Owner hrther waives any right or entitlement which Owner may have to have the
ballot for such election accompanied by arguments for or against the ballot
measure and the impartial analysis as otherwise required by Government Code
Section 53327, and/or the statement required by Elections Code Section 5300 and
following pertaining to the issuance of bonds.
E. Owner waives any protest, complaint or legal action of any nature whatsoever
pertaining to the procedures to be undertaken for the conduct of such election,
including but not limited to, the shortening of all time periods pertaining to the
3
special election, including but not limited to, the time for holding the special
election and the necessity and requirement for any newspaper publication of the
notice of such special election and the lack of arguments and impartial analysis.
[Remainder of this page intentionally left blank.]
4
PROPERTY OWNER APPOINTMENT OF AUTHORTZED REPRESENTATIVES
The owner hereby appoints or J
alternatively, as its authorized representative to vote in the subject special election, and the
owner certifies that the true and exact signature of each alternative representative is set forth
below:
Signature of Representative (Type or Print Name of Representative)
Signature of Representative (Type or Print Name of Representative)
PROPERTY OWNER DESIGNATION OF ADDRESS FOR MAILING OF MATERIALS
The owner requests that all materials related to this annexation be mailed to the following
address:
The owner waives any right or requirement to have such materials mailed to the address shown
on the assessor’s roll of the County of San Diego.
5
THIS CONSENT
REPRESENTATIVES
AND WAIVER AND POINTMENT OF AUTHORIZED
was executed ttis 6 J day of &&IAJ,QAV , 2007, in P
If the person executing this document is not the owner of the property for which this document is
being submitted but is signing for and on behalf of such owner, please fill in the name of the
owner of the property on the line provided below:
6
EXHIBIT A
DESCRIPTION OF PROPERTY
The Property is identified and described as:
I Ownershitx I Assessor Parcel Nurnbeds): I Acreage: I I General American Life Insurance Company 213-030-17-00 I I 158.44
Bressi Lennar Ranch Venture LLC 422.00 213-030-18-00
I Total: 2 Parcels 580.44 I
A- 1
EXHIBIT “B”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1
CITY OF CARLSBAD
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Future Annexation Area shall be
subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as
established for the original Community Facilities District No. 1 and further based upon
the property categories, maximum tax rates, increases and status of the issuance of
building permits, all as hereinafter set forth. Improvement Area I refers to all properties
within the boundaries of the City of Carlsbad Bridge and Thoroughfare District.
Improvement Area II is for all remaining properties within the Community Facilities
District, not within the Bridge and Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building permit shall be subject to the
following maximum annual special taxes, subject to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 281.00
Residential Low to Medium 772.00
Residential Medium 1,294.00
Residential Medium to High 1,984.00
Residential High 2,793.00
$ 277.00
760.00
1,217.00
1,868.00
2,739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential properties shall be subject to the
following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to
increases as set forth herein, as follows:
B-1
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 4,452.00
Residential Low to Medium 4,452.00
Residential Medium 2,810.00
Residential Medium to High 2,810.00
Residential High 2,810.00
$ 3,835.00
3,835.00
2,312.00
2,312.00
2,312.00
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior to the issuance of a building permit
shall be subject to the following maximum annual special taxes, also subject to
increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA II
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuance of a building permit, shall .
have the option to (I) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2)
assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to
exceed twenty-five (25) years, generally in the amounts per property category as
follows:
B-2
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
COMMERCIAL USE
DESIGNATIONS
Restaurant - Fast Food
Outdoor Tennis Courts
Convenience Market
Bank with Drive-thru
Campground
Restaurant - Sit Down
Marina
Bank - Walk In
Auto - Gasoline
Grocery Store
S & L with Drive-thru
Bowling Center
Restaurant - Quality
Neighborhood Shopping Center
Auto Car Wash
S & L - Walk In
Race Track
Library
Community Shopping Center
Hospital - General
Hotel - Conv. FadComm.
Auto - Repair & Sales
Regional Shopping Center
Discount Store
Golf Course
Church
Office - Government
Commercial Shops
Health Club
Motel
Office - High Rise
Office - Commercial, 100,000 SF
Lumber/Hardware Store
Office - Medical
Hospital - Convalescent
Indoor Sports Arena
IMPROVEMENT
AREA I
$ 28.46
28.14
27.31
18.06
17.51
15.17
14.85
12.83
8.1 1
7.78
7.59
6.63
6.57
6.46
6.31
5.51
5.10
4.26
4.24
3.88
3.47
3.41
3.35
3.22
3.06
2.99
2.93
2.90
2.89
2.69
2.67
2.56
2.47
2.42
2.33
2.33
IMPROVEMENT
AREA II
$ 7.58
7.26
6.74
5.72
4.99
4.73
4.41
4.60
2.89
2.56
3.48
2.83
3.09
2.27
2.52
3.03
2.33
2.86
1.80
3.18
2.52
1.58
1.61
1.58
2.14
1.94
1.88
1.58
1.85
2.06
1.84
1.75
1.58
2.07
2.23
2.23
B-3
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS AREA I AREA I1
Resort Hotel
University
Junior College
2.30
2.26
2.19
All other Commercial Properties
not identified above 2.14
1.98
1.91
I .90
1.44
INDUSTRIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS AREA I AREA II
Heliports $ 10.63 $ 3.67
Industrial-Commercial
Business Park 2.14 1.51
All other Industrial Properties
not identified above 1.74 1.42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The “Maximum Annual Special Tax - Developed Property” for any Fiscal Year shall not
exceed 13.81 % of the authorized “Maximum Special Development Tax - One Time” for
the various Commercial and Industrial Property categories as set forth above in the
amount applicable and annually adjusted for each Fiscal Year.
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year ,
1990/91, and are all subject to annual increases to reflect increases in construction .
costs. The Construction Cost Index of the Encrineerincl News-Record, titled “ENR Cost
Indexes in 22 Cities” will be used. The Index published for the month of April for the
City of Los Angeles under the column heading of “Percentage Change from Last Year”
will annually inflate each of the Maximum Annual Taxes for each year for properties as
follows:
B-4
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the
above-referenced increase.
6. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100%
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have been discharged and facilities
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has
been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not
be levied for a period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and the SPECIAL
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be
subject to any annual special tax.
Commercial and Industrial:
The Commercial and Industrial properties, upon the issuance of a building permit, have
the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume
the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the
issuance of any building permit, no further increase or escalation is authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities shall be allocated as follows: 65% to
Residential property, 35% to Commercial and Industrial property. The above costs
exclude costs of issuance as needed.
Residential propertv shall be taxed in an amount sufficient to meet the 65% share of
facilities, which tax will include costs of issuance, interest and other costs, including
sinking fund payments for future construction as applicable.
Commercial and Industrial property shall be taxed in an amount sufficient to meet the
35% share of facilities, which tax will include costs of issuance, interest and other costs,
including sinking fund payments for future construction as applicable.
B-5
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt service, replenish
reserve, call bonds, pay bonds and Community Facilities District No. I administrative
costs, and pay for public capital facilities. FIRST: Reduce this amount by the funds
collected from Special Development Tax - One Time levied against residential
properties. SECOND: The remaining funds needed are to be collected by the levy of
the annual Special Tax - Undeveloped Property on undeveloped taxable residential
acreage, in the proportional amounts of each property category as required, not to
exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replenish
reserve, call bonds, pay bonds, and Community Facilities District No. I administrative
costs, and pay for current or future public capital facilities. FIRST: Reduce this amount
by the funds collected from Special Development Tax - One Time and annual Special
Tax - Developed Property levied against Commercial and Industrial properties.
SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped
taxable Commercial and Industrial acreage in the proportional amounts for each
property category as required, not to exceed the maximum tax.
***
B-6
CONSENT AND WAIVER TO SHORTENING OF TIME
FOR CONDUCTING A SPECIAL ELECTION IN
PROPERTY PROPOSED TO BE ANNEXED TO
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES
ANNEXATION NO. 02/03-01
TO: CITY COUNCIL
COMMUNITY FACILITIES DISTRICT NO. 1
OF THE CITY OF CARLSBAD
THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PERJURY
AS FOLLOWS:
1. The undersigned is the owner, or the duly authorized representative of such owner, of the
real property described in Exhibit "A" attached hereto and incorporated herein by reference (the
"Property"), and, in such capacity, possesses all legal authority necessary to execute this Consent
and Waiver as and on behalf of the owner of the Property (the "Owner") in connection with the
annexation of the Property to the District (as defined below).
2. The Owner is aware of and understands the following:
A. The City of Carlsbad has conducted proceedings pursuant to the "Mello-Roos
Community Facilities Act of 1982", (Government Code 553311 and following)
(the "Act") to form a community facilities district known and designated as
Community Facilities District No. 1 (the "District") to finance the following
described public facilities (the "Public Facilities"):
(1) Public facilities generally described as new library facility, major addition
to an existing library building, a City Hall complex, and the addition of
office and warehouse facilities at the public safety center;
(2) Park improvements generally described as the Macario Canyon Park;
(3) Major street improvements in portions of the following designated public
streets:
(a.) Faraday Avenue;
(b.) Cannon Road;
(c.) La Costa Avenue;
(d.) OlivenhaidRancho Santa Fe Road; and
(e.) Leucadia Boulevard.
1
(4) Major bridge and overpass facilities generally described as:
(a.) La Costa Interchange;
(b.) Poinsettia Interchange; and
(c.) Palomar Airport Road Interchange.
B. The City and the qualified electors of the District did authorize the issuance of
bonds of the District in an aggregate principal amount of $130,000,000 subject to
inflation to finance the acquisition or construction of the Public Facilities and the
levy of the special tax set forth in Exhibit "B" hereto (the "Special Tax") within
the District to pay for the Public Facilities, to pay debt service on bonds of the
District, or both.
C. The City Council of the City (the "City Council") has also undertaken
proceedings pursuant to Article 3.5 of the Act to provide for the future annexation
of certain territory, including the Property, to the District. On May 18, 1993, the
City Council held a public hearing as required by the Act to consider the future
annexation of such territory, including the Property, to the District. Notice of
such public hearing was given in the form and manner as required by law. A
protest to such future annexation was not received from 50% or more of the
registered voters, or six registered voters, whichever is more, residing in the
territory proposed to be annexed in the fbture or the owners of one-half or more of
the area of land in the territory proposed to be annexed in the future. At the
conclusion of such public hearing, the City Council did approve and provide for
the annexation of the territory, including the Property, proposed for annexation in
the future upon the unanimous approval of the owner or owners of each parcel or
parcels at the time that such parcel or parcels are annexed, without additional
hearings.
D. The Act hrther requires, as a prerequisite to the levy of any special taxes within
the Property or the issuance of bonds secured by such special taxes, that the City
Council must submit the question of whether or not to levy any special tax within
the Property to the qualified electors of the Property at a special election. The Act
further provides that 2/3's of the qualified electors must vote in favor of the levy
of the special tax.
E. The Act provides that the qualified electors of the Property shall be the voters
registered to vote within Property if at least twelve (12) persons, who need not
necessarily be the same twelve (12) persons, have been registered to vote within
the Property for each of the ninety (90) days preceding the close of the public
hearing to consider the annexation of the Property to the District. Otherwise, the
Act provides that the vote shall be by the landowners of the Property with each
such landowner who is the owner of record at the close of such public hearing, or
the authorized representative of such owner, having one vote for each acre or
portion of an acre of land that such landowner owns within the Property.
2
F. The provisions of the Act require that such special election be held at least ninety
(90) but not more than one hundred eighty days (180) following the date of the
submission of the question of levying the special tax to the qualified electors of
the Property; provided, however, any such special election time limit specified by
the Act or requirement pertaining to the conduct of such a special election may be
waived with the unanimous consent of the qualified electors of the Property and
the concurrence of the official conducting the election. As is stated below, it is
proposed that the special election shall be held on Tuesday, February 11, 2003 at
9:OO a.m. or such other date upon which’ all of the qualified electors of the
Property and the official conducting the election may concur.
3. The Owner consents to and expressly approves the annexation of the Property to the
District and the authorization for the levy of the Special Tax within the Property without fbrther
public hearing conducted pursuant to the provisions of the Act. The Owner waives any right
which the Owner may have to make any protest or complaint or undertake any legal action
challenging the validity of the proceedings of the City to authorize the fbture annexation of the
Property to the District or any necessity, requirement, right or entitlement for fbrther public
hearing pertaining to the annexation of the Property to the District and the levy of the Special
Tax within the Property.
4. Owner certifies that there have been no persons residing within the Property for each of
the ninety (90) days preceding the date of this Consent and Waiver.
5. Owner desires that the special election be held on Tuesday, February 1 1, 2003 at 9:OO
a.m. or such other date as the qualified electors and the City Clerk of the City, acting as the
official conducting the election (the “City Clerk”), may mutually agree.
6. Owner expressly consents to the following:
A. To the conduct of the special election on Tuesday, February 11, 2003 at 9:OO a.m.
or such other date as the qualified electors and the City Clerk may mutually agree.
B. Owner expressly waives any right which owner may have to have the special
election conducted within the time periods specified in Government Code Section
53326.
C. Owner waives any requirement for the mailing of the election ballot.
D. Owner fbrther waives any right or entitlement which Owner may have to have the
ballot for such election accompanied by arguments for or against the ballot
measure and the impartial analysis as otherwise required by Government Code
Section 53327, and/or the statement required by Elections Code Section 5300 and
following pertaining to the issuance of bonds.
E. Owner waives any protest, complaint or legal action of any nature whatsoever
pertaining to the procedures to be undertaken for the conduct of such election,
including but not limited to, the shortening of all time periods pertaining to the
3
special election, including but not limited to, the time for holding the special
election and the necessity and requirement for any newspaper publication of the
notice of such special election and the lack of arguments and impartial analysis.
[Remainder of this page intentionally left blank.]
4
PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES
The owner hereby appoints Y
alternatively, as its authorized special election, and the
owner certkes that the true and exact signature of each alternative representative is set forth
below: t
GEAH#M Zw€S
(Type or Print Name of Representative)
Signature of Representative (Type or Print Name of Representative)
PROPERTY OWNER DESIGNATION OF ADDRESS FOR MAILING OF MATERIALS
The owner requests that all materials related to this annexation be mailed to the following
The owner waives any right or requirement to have such materials mailed to the address shown
on the assessor’s roll of the County of San Diego.
5
STATE OF CALIFORNIA
COUNTY OF ORANGE
1 ) ss.
)
On February 6,2003 , before me, Kissandra Scott , a Notary Public in
and for said state, personally appeared Graham Jones , personally known to me (er:
-) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/& executed the
same in hisk authorized capacity, and that by his& signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
H:KScott\AdminWormsWotary.doc
MP!,n
' Notary Public inxr said State
(SEAL)
THIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED
REPRESENTATIVES was executed this day of , 20- in
GrnH&/W JfB/f/?c s
Type or Print Name of Signor
If the person executing this document is not the owner of the property for which this document is
being submitted but is signing for and on behalf of such owner, please fill in the name of the
owner of the property on the line provided below:
h!@lf% k%%Y%. fd&h/ -2 (/ (Type or print name of the Owner)
6
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
) ss.
On February 6,2003 , before me, Kissandra Scott , a Notary Public in
and for said state, personally appeared Graham Jones , personally known to me (e~
:) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/& executed the
same in hisk authorized capacity, and that by hisk signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
A
H:KScott\AdminWormsWotary.doc
A I - Notary Public in for said State
(SEAL)
let-19-02 02:48pm Fronrlennar Fmlv of Bldrs “. 949 598 8625 T-112 P.002/002 F-297
LENNAR HOMES OF CAWFORN’IA, INC. ..
CIERTIIFXCATE OF INCUMRENCY
I, Dee Baker, Assistant SEcrerary of ILennat Homes of California, a California ~xporation, hereby certify that the following pmns have
been duly elected and/or appointed to the position(s) set oppositc rheir rcspecuve names, that said elections and/or appointmezlrs arc in fun
forcc and effect and, except where indicated (*), tbat any one of the folloWhg persoas k aurhorized to cxecure and deliver documents on behalf of the Corporation.
DIRECTORS Diane Besetre
Bruce Gross
SNartA.Miller LeoaardMilln
AUan 1. Pekor
Officers
Name
Stuart A. Miller
David 13. McCain
Bruce Gross
Marc Chaman David Evans Jonathan M. Jaffe
Jeff Jamcson R Lawrcnce Oh
Allan J. Pekor
Jeffrey Roos
Jeffrey Spitzer Roben Tummolo Don -son
Thomas P. Winn
Bruce Cnble
Mark Shea Larry Thompson
Robert W. Garcin
Diane Bcssene
Brenda Aschain*
Allan J. Pekor
Grace Santaella*
William Smith*
Larry Thompson
Greg MCM Steven R Shepard
Stephen J. Wolpin*
Vice F%dm/Gcneral Counsel Chief Financial OfficerNicc Presidcnt Senior Vice President
Vice President
Vice President
Vice president
Vice President
Vice President
Vicc Presidcnt
Vice President
Vice Prcsident Vice President
Vice President
Vice President
Vice President Assistant General Counsel
Assistam Secretary Conaoutr
Assistant Secretary
Assistant secxetary
Assistant Smew
Assistant Secrctary Assistant Secretary
Assistant Secrcta.ry/Authorized Agent
Assistanr Secrctary
Assistant Secretary
Name
Waynewright Malcolm Thomas Bjnks Diane Bessette
David B. h4cCain
Robert W. Ga~cm
Emile Haddad
Greg McWilliams Iefiey Panasiti -Q- Robert Santos
Larry Thompson
Michael P. Wtc
Richard Peterssn
Graham Jones
Tracy Allibone
Larry Gualco
Lisa Galloway
Mike Levesque Lynn Jock
Dee Baker*
Kathleen E. Sierra*
Cindy Thompson*
Trudie Wilson*
Sherrie Sarasua Thomas Sheaff
”
Vice PresidentJTreasurcr
Vice President
Vicc Presidcnt
Secretary
Vice President
Vicc President
Vice President
Vice President Vice President
Vice President
Vice PresidedAssistant General Counsel
Vicc President
Vice President
Vice President
Vice President
Vicc President
Vice President
Assistant Secretary
Assistant Secrctary
Assistant Secretary
Assistant Secretary
Assistaut scaetal-y
Assistant Secretary
Assistant Secretary
Assistant Secrerary Auhrizcd Agent
IN WITNESS WEEREOF, I hve hereunto signed my name and signed as Assistant Secretary of Lennar Homes of California.
DATED this 19th day of December 2002. LU Dee Baker, Assisrant Secretary
EXHIBIT A
DESCRIPTION OF PROPERTY
The Property is identified and described as:
Ownership: 158.44 213-030-17-00 General American Life Insurance Company Acreage: Assessor Parcel Number(s):
Bressi Lennar Ranch Venture LLC 422.00 213-030-18-00
I Total: I I 2 Parcels 580.44
A- 1
EXHIBIT “B”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1
CITY OF CARLSBAD
B-1
EXHIBIT “B”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1
CITY OF CARLSBAD
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Future Annexation Area shall be
subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as
established for the original Community Facilities District No. 1 and further based upon
the property categories, maximum tax rates, increases and status of the issuance of
building permits, all as hereinafter set forth. Improvement Area I refers to all properties
within the boundaries of the City of Carlsbad Bridge and Thoroughfare District.
Improvement Area II is for all remaining properties within the Community Facilities
District, not within the Bridge and Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building permit shall be subject to the
following maximum annual special taxes, subject to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 281.00
Residential Low to Medium 772.00
Residential Medium 1,294.00
Residential Medium to High 1,984.00
Residential High 2,793.00
$ 277.00
760.00
1,217.00
1,868.00
2,739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential properties shall be subject to the
following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to
increases as set forth herein, as follows:
B-I
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 4,452.00
Residential Low to Medium 4,452.00
Residential Medium 2,810.00
Residential Medium to High 2,810.00
Residential High 2,810.00
$ 3,835.00
3,835.00
2,312.00
2,312.00
2,312.00
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior to the issuance of a building permit
shall be subject to the following maximum annual special taxes, also subject to
increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA II
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuance of a building permit, shall
have the option to (I) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2)
assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to
exceed twenty-five (25) years, generally in the amounts per property category as
follows:
B-2
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS AREA I AREA II
Restaurant - Fast Food
Outdoor Tennis Courts
Convenience Market
Bank with Drive-thru
Campground
Restaurant - Sit Down
Marina
Bank - Walk In
Auto - Gasoline
Grocery Store
S & L with Drive-thru
Bowling Center
Restaurant - Quality
Neighborhood Shopping Center
Auto Car Wash
S & L - Walk In
Race Track
Library
Community Shopping Center
Hospital - General
Hotel - Conv. Fac/Comm.
Auto - Repair & Sales
Regional Shopping Center
Discount Store
Golf Course
Church
Office - Government
Commercial Shops
Health Club
Motel
Office - High Rise
Office - Commercial, 100,000 SF
LurnbedHardware Store
Office - Medical
Hospital - Convalescent
Indoor Sports Arena
$ 28.46
28.14
27.31
18.06
17.51
15.17
14.85
12.83
8.1 1
7.78
7.59
6.63
6.57
6.46
6.31
5.51
5.10
4.26
4.24
3.88
3.47
3.41
3.35
3.22
3.06
2.99
2.93
2.90
2.89
2.69
2.67
2.56
2.47
2.42
2.33
2.33
$ 7.58
7.26
6.74
5.72
4.99
4.73
4.41
4.60
2.89
2.56
3.48
2.83
3.09
2.27
2.52
3.03
2.33
2.86
1.80
3.18
2.52
1.58
1.61
1.58
2.14
1.94
1.88
1.58
1.85
2.06
1.84
1.75
1.58
2.07
2.23
2.23
B-3
PROPERTY CATEGORY
COMMERCIAL USE
DESIGNATIONS
Resort Hotel
University
Junior College
All other Commercial Properties
not identified above
INDUSTRIAL USE
DESIGNATIONS
Heliports
Industrial-Commercial
Business Park
All other Industrial Properties
not identified above
IMPROVEMENT
AREA I
2.30
2.26
2.19
2.14
IMPROVEMENT
AREA I
$ 10.63
2.14
I .74
IMPROVEMENT
AREA II
1.98
1.91
I .90
I .44
IMPROVEMENT
AREA II
$ 3.67
1.51
1.42
OR, IN THE ALTERNATEl
ANNUAL SPECIAL TAX
The “Maximum Annual Special Tax - Developed Property” for any Fiscal Year shall not
exceed 13.81 % of the authorized “Maximum Special Development Tax - One Time” for
the various Commercial and Industrial Property categories as set forth above in the
amount applicable and annually adjusted for each Fiscal Year.
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year
1990/91, and are all subject to annual increases to reflect increases in construction
costs. The Construction Cost Index of the Engineering News-Record, titled “ENR Cost
Indexes in 22 Cities” will be used. The Index published for the month of April for the
City of Los Angeles under the column heading of “Percentage Change from Last Year”
will annually inflate each of the Maximum Annual Taxes for each year for properties as
follows:
B-4
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100%
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have been discharged and facilities
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has
been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not
be levied for a period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and the SPECIAL
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be
subject to any annual special tax.
Commercial and Industrial:
The Commercial and Industrial properties, upon the issuance of a building permit, have
the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume
the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the
issuance of any building permit, no further increase or escalation is authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities shall be allocated as follows: 65% to
Residential property, 35% to Commercial and Industrial property. The above costs
exclude costs of issuance as needed.
Residential property shall be taxed in an amount sufficient to meet the 65% share of
facilities, which tax will include costs of issuance, interest and other costs, including
sinking fund payments for future construction as applicable.
Commercial and Industrial property shall be taxed in an amount sufficient to meet the
35% share of facilities, which tax will include costs of issuance, interest and other costs,
including sinking fund payments for future construction as applicable.
B-5
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt service, replenish
reserve, call bonds, pay bonds and Community Facilities District No. 1 administrative
costs, and pay for public capital facilities. FIRST: Reduce this amount by the funds
collected from Special Development Tax - One Time levied against residential
properties. SECOND: The remaining funds needed are to be collected by the levy of
the annual Special Tax - Undeveloped Property on undeveloped taxable residential
acreage, in the proportional amounts of each property category as required, not to
exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replenish
reserve, call bonds, pay bonds, and Community Facilities District No. 1 administrative
costs, and pay for current or future public capital facilities. FIRST: Reduce this amount
by the funds collected from Special Development Tax - One Time and annual Special
Tax - Developed Property levied against Commercial and Industrial properties.
SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped
taxable Commercial and Industrial acreage in the proportional amounts for each
property category as required, not to exceed the maximum tax.
***
B-6
CONSENT AND WAIVER TO SHORTENING OF
FOR CONDUCTING A SPECIAL ELECTION IN
PROPERTY PROPOSED TO BE ANNEXED TO
CITY OF CARLSBAD
COMMUNITY FACILmS DISTRICT NO. 1
AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES
ANNEXATION NO. 02/03-02
TO: CITY COUNCIL
COMMUNITY FACILITIES DISTRICT NO. 1
OF THE CITY OF CARLSBAD
THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PERJURY
AS FOLLOWS:
1. The undersigned is the owner, or the duly authorized representative of such owner, of the
real property described in Exhibit "A" attached hereto and incorporated herein by reference (the
"Property"), and, in such capacity, possesses all legal authority necessary to execute this Consent
and Waiver as and on behalf of the owner of the Property (the "Owner") in connection with the
annexation of the Property to the District (as defined below).
2. The Owner is aware of and understands the following:
A. The City of Carlsbad has conducted proceedings pursuant to the "Mello-Roos
Community Facilities Act of 1982", (Government Code $53311 and following)
(the "Act") to form a community facilities district known and designated as
Community Facilities District No. 1 (the "District") to finance the following
described public facilities (the "Public Facilities"):
(1) Public facilities generally described as new library facility, major addition
to an existing library building, a City Hall complex, and the addition of
office and warehouse facilities at the public safety center;
(2) Park improvements generally described as the Macario Canyon Park;
(3) Major street improvements in portions of the following designated public
streets:
(a.) Faraday Avenue;
(b.) Cannon Road;
(c.) La Costa Avenue;
(d.) Olivenhain/Rancho Santa Fe Road; and
(e.) Leucadia Boulevard.
1
(4) Major bridge and overpass facilities generally described as:
(a.) La Costa Interchange;
(b.) Poinsettia Interchange; and .
(c.) Palomar Airport Road Interchange.
B. The City and the qualified electors of the District did authorize the issuance of
bonds of the District in an aggregate principal amount of $130,000,000 subject to
inflation to finance the acquisition or construction of the Public Facilities and the
levy of the special tax set forth in Exhibit “B” hereto (the “Special Tax”) within
the District to pay for the Public Facilities, to pay debt service on bonds of the
District, or both.
C. The City Council of the City (the “City Council”) has also undertaken
proceedings pursuant to Article 3.5 of the Act to provide for the future annexation
of certain territory, including the Property7 to the District. On May 18, 1993, the
City Council held a public hearing as required by the Act to consider the fbture
annexation of such territory, including the Property, to the District. Notice of
such public hearing was given in the form and manner as required by law. A
protest to such future annexation was not .received fiom 50% or more of the
registered voters, or six registered voters, whichever is more, residing in the
territory proposed to be annexed in the future or the owners of one-half or more of
the area of land in the territory proposed to be annexed in the future. At the
conclusion of such public hearing, the City Council did approve and provide for
the annexation of the territory, including the Property, proposed for annexation in
the future upon the unanimous approval of the owner or owners of each parcel or
parcels at the time that such parcel or parcels are annexed, without additional
hearings.
D. The Act further requires, as a prerequisite to the levy of any special taxes within
the Property or the issuance of bonds secured by such special taxes, that the City
Council must submit the question of whether or not to levy any special tax within
the Property to the qualified electors of the Property at a special election. The Act
further provides that 2/3’s of the qualified electors must vote in favor of the levy
of the special tix.
E. The Act provides that the qualified electors of the Property shall be the voters
registered to vote within Property if at least twelve (12) persons, who need not
necessarily be the same twelve (12) persons, have been registered to vote within
the Property for each of the ninety (90) days preceding the close of the public
hearing to consider the annexation of the Property to the District. Otherwise, the
Act provides that the vote shall be by the landowners of the Property with each
such landowner who is the owner of record at the close of such public hearing, or
the authorized representative of such owner, having one vote for each acre or
portion of an acre of land that such landowner owns within the Property.
2
F. The provisions of the Act require that such special election be held at least ninety
(90) but not more than one hundred eighty days (180) following the date of the
submission of the question of levying the special tax to the qualified electors of
the Property; provided, however, any such special election time limit specified by
the Act or requirement pertaining to the conduct of such a special election may be
waived with the unanimous consent of the qualified electors of the Property and
the concurrence of the official conducting the election. As is stated below, it is
proposed that the special election shall be held on Tuesday, Fe6ruary 11, 2003 at
9:00 a.m. or such other date upon which all of the qualified electors of the
Property and the official conducting the election may concur.
3. The Owner consents to and expressly approves the annexation of the Property to the
District and the authorization for the levy of the Special Tax within the Property without fbrther
public hearing conducted pursuant to the provisions of the Act. The Owner waives any right
which the Owner may have to make any protest or complaint or undertake any legal action
challenging the validity of the proceedings of the City to authorize the fbture annexation of the
Property to the District or any necessity, requirement, right or entitlement for fbrther public
hearing pertaining to the annexation of the Property to the District and the levy of the Special
Tax within the Property.
4. Owner certifies that there have been no persons residing within the Property for each of
the ninety (90) days preceding the date of this Consent and Waiver.
5. Owner desires that the special election be held on Tuesday, February 11, 2003 at 9:OO
a.m. or such other date as the qualified electors and the City Clerk of the City, acting as the
official conducting the election (the “City Clerk”), may mutually agree.
6. Owner expressly consents to the following:
A. To the conduct of the special election on Tuesday, February 1 1,2003 at 9:00 a.m.
or such other date as the qualified electors and the City Clerk may mutually agree.
B. Owner expressly waives any right which owner may have to have the special
election conducted within the time periods specified in Government Code Section
53326.
C. Owner waives any requirement for the mailing of the election ballot.
D. Owner fbrther waives any right or entitlement which Owner may have to have the
ballot for such election accompanied by arguments for or against the ballot
measure and the impartial analysis as otherwise required by Government Code
Section 53327, and/or the statement required by Elections Code Section 5300 and
following pertaining to the issuance of bonds.
E. Owner waives any protest, complaint or legal action of any nature whatsoever
pertaining to the procedures to be undertaken for the conduct of such election,
including but not limited to, the shortening of all time periods pertaining to the
3
special election, including but not limited to, the time for holding the special
election and the necessity and requirement for any newspaper publication of the
notice of such special election and the lack of arguments and impartial analysis.
memainder of this page intentionally left blank.]
4
PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES
The owner hereby appoints Larry E- Nelson or >
alternatively, as its authorized representative to vote in the subject special election, and the
owner certifies that the true and exact signature of each alternative representative is set forth
below:
ppresentative
Larry E. Nelson
(Type or Print Name of Representative)
Signature of Representative (Type or Print Name of Representative)
PROPERTY OWNER DESIGNATION OF ADDRESS FOR MAILING OF MATERlALS
The owner requests that all materials related to this annexation be mailed to the following
address:
Davis Partners LLC
1420 Bristol Street North
Suite 100
~~
Newport Beach, CA 92660
Attn: Larry E. Nelson
The owner waives any right or requirement to have such materials mailed to the address shown
on the assessor's roll of the County of San Diego.
5
THIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED
REPRESENTATIVES was executed this 10 day of ~ehru, ary , 20- in
Newport Beach , CA
Type or Print Name of Signor
Larry E. Nelson
If the person executing this document is not the owner of the property for which this document is
being submitted but is signing for and on behalf of such owner, please fill in the name of the
owner of the property on the line provided below:
Palomar Forum Associates L.P., a California Limited Partnership
(Type or print name of the Owner)
6
# 003 &!lo02
ACTION BY UNANIMOUS Wm CONSENT OF ALL OF THE
PARTNERS OF PALOMAR FORUM ASSOCIATES L.P.
- a Catifomia Llnited Partnership
The undersigned, being all of the partners of P3lOfWAr Forum Associak?~ L.P., a
California Limited Partnership ("Palomar Forurn"). do hereby adopt this resolution by
unanimous written consent (the "Consenf').
Whereas, Palomar Forum is governed by that certain Agreement of Limited
Partnership of Palomar Forum Assdates LP,, dated as of April 12,2001; and
Whereas, thi City of carfsbad requires that Palomar Forum provide confirmation
of the authority of Larry E. Nelson to execufe agreements and documents required for or in conjunction with the development of the project commonly known as Palomar -Forum (Tha "PmJ&')-"
IT IS HEREBY RESOLVED AS FOLLOWS:
1. Larry E- Nelson, individually and without any other signatures or authority,
is auihorized to exEtcufe any and all agreements and documents wlth the City of
Carlsbad on behalf of Palomar Forum required or necessary for, or in conjunction with,
the devebpment of the Projed.
1
2. This Consent, and any copy thereof. maybe relied upon by the City of
Carlsbad on all matters in connection wlth the Project.
3. This lmvocable adion by unanimous Wen consent of all uf the partners
of Palomar Forum may be executed in counterparts with the signatures transmit4ed by facsimile.
ADOPTED, effecltive as of this 12& day of &dl, 2001, notwithstanding that any signature hemto may be affixed subsequent to that date.
"DavCs" Davis Carlsbad Partners, a
By: v-
"CPA"
.. - -.
Carlsbad Palomar Associates LLC,
.. . .
.< .
\
DESCRJl'TION OF PROPERTY
The Property is identified and described as:
Ownership: Acreage:) Assessor Parcel Number(s):
Palomar Forum Associates LP
57.30 22 1-0 12- 10-00
7.05 221-010-17-00
A- 1
EXHIBIT “B”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1
- CITY OF CARLSBAD
B-1
EXHIBIT “B”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1
CITY OF CARLSBAD
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Future Annexation Area shall be
subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as
established for the original Community Facilities District No. 1 and further based upon
the property categories, maximum tax rates, increases and status of the issuance of
building permits, all as hereinafter set forth. Improvement Area I refers to at1 properties
within the boundaries of the City of Carlsbad Bridge and Thoroughfare District.
Improvement Area II is for all remaining properties within the Community Facilities
District, not within the Bridge and Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building permit shall be subject to the
following maximum annual special taxes, subject to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR .I 990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 281.00
Residential Low to Medium 772.00
Residential Medium 1,294.00
Residential Medium to High 1,984.00
Residential High 2,793.00
$ 277.00
760.00
1,217.00
1,868.00
2,739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential properties shall be subject to the
following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to
increases as set forth herein, as follows:
B- 1
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low
Residential Low to Medium
Residential Medium
Residential Medium to High
Residential High
!$ 4,452.00
4,452.00
2,810.00
2,810.00
2,810.00
$ 3,835.00
3,835.00
2,312.00
2,312.00
2,312.00
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior to the issuance of a building permit
shall be subject to the following maximum annual special taxes, also subject to
increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA II
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuance of a building permit, shall
have the option to (I) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2)
assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to
exceed twenty-five (25) years, generally in the amounts per property category as
follows:
B-2
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT
DESIGNATIONS AREA I
Restaurant - Fast Food $ 28.46
Outdoor Tennis Courts
Convenience Market
Bank with Drive-thru.
Campground
Restaurant - Sit Down
Marina
Bank - Walk In
Auto - Gasoline
Grocery Store
S & L with Drive-thru
Bowling Center
Restaurant - Quality
Neighborhood Shopping Center
Auto Car Wash
S & L - Walk In
Race Track
Library
Community Shopping Center
Hospital - General
Hotel - Conv. FadComm.
Auto - Repair & Sales
Regional Shopping Center
Discount Store
Golf Course
Church
Office - Government
Commercial Shops
Health Club
Motel
Office - High Rise
Office - Commercial, 100,000 SF
LumbedHardware Store
Office - Medical
Hospital - Convalescent
Indoor Sports Arena
28.14
27.31
18.06
17.51
15.17
14.85
12.83
8.1 1
7.7%
7.59
6.63
6.57
6.46
6.31
5.51
5.10
4.26
4.24
3.80
3.47
3.41
3.35
3.22
3.06
2.99
2.93
2.90
2.89
2.69
2.67
2.56
2.47
2.42
2.33
2.33
B-3
IMPROVEMENT
AREA II
$ 7.58
7.26
6.74
5.72
4.99
4.73
4.41
4.60
2.89
2.56
3.48
2.83
3.09
2.27
2.52
3.03
2.33
2.86
1.80
3.1 8
2.52
1.58
1.61
1.58
2.14
1.94
1.88
1.58
1.85
2.06
1.84
I .75
1.5%
2.07
2.23
2.23
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS AREA I AREA II
Resort Hotel
University
Junior College
2.30
2.26
2.19
All other Commercial Properties
not identified above 2.14
1.98
1-91
1.90
1.44
INDUSTRIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS AREA I AREA II
Heliports $ 10.63 $ 3.67
Industrial-Commercial
Business Park 2.14 1.51
All other Industrial Properties
not identified above I .74 I .42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The “Maximum Annual Special Tax - Developed Property” for any Fiscal Year shall not
exceed 13.81% of the authorized “Maximum Special Development Tax - One Time” for
the various Commercial and Industrial Property categories as set forth above in the
amount applicable and annually adjusted for each Fiscal Year.
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year
1990/91, and are all subject to annual increases to reflect increases in construction
costs. The Construction Cost Index of the Engineering News-Record, titled “ENR Cost
Indexes in 22 Cities” will be used. The Index published for the month of April for the
City of Los Angeles under the column heading of “Percentage Change from Last Year”
will annually inflate each of the Maximum Annual Taxes for each year for properties as
follows:
B-4
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100%
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have been discharged and facilities
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has
been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not
be levied for a period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and the SPECIAL
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be
subject to any annual special tax.
Commercial and Industrial:
The Commercial and Industrial properties, upon the issuance of a building permit, have
the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume
the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the
issuance of any building permit, no further increase or escalation is authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities shall be allocated as follows: 65% to
Residential property, 35% to Commercial and Industrial property. The above costs
exclude costs of issuance as needed.
Residential propem/ shall be taxed in an amount sufficient to meet the 65% share of
facilities, which tax will include costs of issuance, interest and other costs, including
sinking fund payments for future construction as applicable.
Commercial and Industrial property shall be taxed in an amount sufficient to meet the
35% share of facilities, which tax will include costs of issuance, interest and other costs,
including sinking fund payments for future construction as applicable.
B-5
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt service, replenish
reserve, call bonds, pay bonds and Community Facilities District No. I administrative
costs, and pay for public capital facilities. FIRST: Reduce this amount by the funds
collected from Special Development Tax - One Time levied against residential
properties. SECOND: The remaining funds. needed are to be collected by the levy of
the annual Special Tax - Undeveloped Property on undeveloped taxable residential
acreage, in the proportional amounts of each property category as required, not to
exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replenish
reserve, call bonds, pay bonds, and Community Facilities District No. 1 administrative
costs, and pay for current or future public capital facilities. FIRST: Reduce this amount
by the funds collected from Special Development Tax - One Time and annual Special
Tax - Developed Property levied against Commercial and Industrial properties.
SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped
taxable Commercial and Industrial acreage in the proportional amounts. for each
property category as required, not to exceed the maximum tax.
***
B -6
CONSENT AND WAIVER TO SHORTENING OF TIME
FOR CONDUCTING A SPECIAL ELECTION IN
PROPSRTY PROPOSED TO BE ANNEXED TO
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES
ANNEXATION NO. 02/03-03
TO: CITY COUNCIL
COMMUNITY FACILITIES DISTRICT NO. 1
OF THE CITY OF CARLSBAD
THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PERJURY
AS FOLLOWS:
1. The undersigned is the owner, or the duly authorized representative of such owner, of the
real property described in Exhibit "A" attached hereto and incorporated herein by reference (the
"Property"), and, in such capacity, possesses all legal authority necessary to execute this Consent
and Waiver as and on behalf of the owner of the Property (the "Owner") in connection with the
annexation of the Property to the District (as defined below).
2. The Owner is aware of and understands the following:
A. The City of Carlsbad has conducted proceedings pursuant to the "Mello-Roos
Community Facilities Act of 1982", (Government Code $533 1 1 and following)
(the "Act1') to form a community facilities district known and designated as
Community Facilities District No. 1 (the "District") to finance the following
described public facilities (the "Public Facilities"):
Public facilities generally described as new library facility, major addition
to an existing library building, a City Hall complex, and the addition of
office and warehouse facilities at the public safety center;
Park improvements generally described as the Macario Canyon Park;
Major street improvements in portions of the following designated public
streets:
(a.) Faraday Avenue;
(b.) Cannon Road;
(c.) La Costa Avenue;
(d.) Olivenhain/Rancho Santa Fe Road; and
(e.) Leucadia Boulevard.
1
(4) Major bridge and overpass facilities generally described as:
(a.) La Costa Interchange;
(b.) Poinsettia Interchange; and
(c.) Palomar Airport Road Interchange.
B. The City and the qualified electors of the District did authorize the issuance of
bonds of the District in an aggregate principal amount of $130,000,000 subject to
idation to finance the acquisition or construction of the Public Facilities and the
levy of the special tax set forth in Exhibit "B" hereto (the "Special Tax") within
the District to pay for the Public Facilities, to pay debt service on bonds of the
District, or both.
C. The City Council of the City (the "City Council") has also undertaken
proceedings pursuant to Article 3.5 of the Act to provide for the ikture annexation
of certain territory, including the Property, to the District. On May 18, 1993, the
City Council held a public hearing as required by the Act to consider the hture
annexation of such territory, including the Property? to the District. Notice of
such public hearing was given in the form and manner as required by law. A
protest to such hture annexation was not received fiom 50% or more of the
registered voters, or six registered voters, whichever is more, residing in the
territory proposed to be annexed in the fbture or the owners of one-half or more of
the area of land in the territory proposed to be annexed in the hture. At the
conclusion of such public hearing, the City Council did approve and provide for
the annexation of the territory, including the Property, proposed for annexation in
the future upon the unanimous approval of the owner or owners of each parcel or
parcels at the time that such parcel or parcels are annexed, without additional
hearings.
D. The Act hrther requires, as a prerequisite to the levy of any special taxes within
the Property or the issuance of bonds secured by such special taxes, that the City
Council must submit the question of whether or not to levy any special tax within
the Property to the qualified electors of the Property at a special election. The Act
hrther provides that 2/3's of the qualified electors must vote in favor of the levy
of the special tax.
E. The Act provides that the qualified electors of the Property shall be the voters
registered to vote within Property if at least twelve (12) persons, who need not
necessarily be the same twelve (12) persons, have been registered to vote within
the Property for each of the ninety (90) days preceding the close of the public
hearing to consider the annexation of the Property to the District. Otherwise? the
Act provides that the vote shall be by the landowners of the Property with each
such landowner who is the owner of record at the close of such public hearing, or
the authorized representative of such owner, having one vote for each acre or
portion of an acre of land that such landowner owns within the Property.
2
F. The provisions of the Act require that such special election be held at least ninety
(90) but not more than one hundred eighty days (180) following the date of the
submission of the question of levying the special tax to the qualified electors of
the Property; provided, however, any such special election time lit specified by
the Act or requirement pertaining to the conduct of such a special election may be
waived with the unanimous consent of the qualified electors of the Property and
the concurrence of the official conducting the election. As is stated below, it is
proposed that the special election shall be held on Tuesday, February 1 1, 2003 at
9:00 a.m. or such other date upon which all of the qualified electors of the
Property and the official conducting the election may concur.
3. The Owner consents to and expressly approves the annexation of the Property to the
District and the authorization for the levy of the Special Tax within the Property without hrther
public hearing conducted pursuant to the provisions of the Act. The Owner waives any right
which the Owner may have to make any protest or complaint or undertake any legal action
challenging the validity of the proceedings of the City to authorize the hture annexation of the
Property to the District or any necessity, requirement, right or entitlement for hrther public
hearing pertaining to the annexation of the Property to the District and the levy of the Special
Tax within the Property.
4. Owner certifies that there have been no persons residing within the Property for each of
the ninety (90) days preceding the date of this Consent and Waiver.
5. Owner desires that the special election be held on Tuesday, February 11, 2003 at 9:00
a.m. or such other date as the qualified electors and the City Clerk of the City, acting as the
official conducting the election (the "City Clerk"), may mutually agree.
6. Owner expressly consents to the following:
A. To the conduct of the special election on Tuesday, February 11, 2003 at 9:00 a.m.
or such other date as the qualified electors and the City Clerk may mutually agree.
B. Owner expressly waives any right which owner may have to have the special
election conducted within the time periods specified in Government Code Section
53326.
C. Owner waives any requirement for the mailing of the election ballot.
D. Owner hrther waives any right or entitlement which Owner may have to have the
ballot for such election accompanied by arguments for or against the ballot
measure and the impartial analysis as otherwise required by Government Code
Section 53327, and/or the statement required by Elections Code Section 5300 and
following pertaining to the issuance of bonds.
E. Owner waives any protest, complaint or legal action of any nature whatsoever
pertaining to the procedures to be undertaken for the conduct of such election,
including but not limited to, the shortening of all time periods pertaining to the
3
special election, including but not limited to, the time for holding the special
election and the necessity and requirement for any newspaper publication of the
notice of such special election and the lack of arguments and impartial analysis.
[Remainder of this page intentionally left blank.]
4
PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES
The owner hereby appoints fi&heyl Li). &( I or 7
alternatively, as its authorized representative to vote in the subject special election, and the
owner certifies that the true and exact signature of each alternative representative is set forth
below: r
a& LJ. tc:y
(Type or Print Name of Representative)
Signature of Representative (Type or Print Name of Representative)
PROPERTY OWNER DESIGNATION OF ADDRESS FOR MAILING OF MATERIALS
The owner requests that all materials related to this annexation be mailed to the following
address:
The owner waives any right or requirement to have such materials mailed to the address shown
on the assessor's roll of the County of San Diego. "-
5
(Signature) ,Id AA
;/L 0, ~elu,'* IIE
Type or'Print Name of Signor
If the person executing this document is not the owner of the property for which this document is
being submitted but is signing for and on behalf of such owner, please fill in the name of the
owner of the property on the line provided below:
~$06 &CIS baJ lad, I.-. pr
(Type or print name of the Owner)
6
LSOF CARLSBAD LAND, L.P.
CERTIFICATE OF INCUMBENCY
I, Rhonda S. Brittain, certify that I am the duly qualified and appointed Secretary of
LSOF GenPar 111, hc., a corporation formed under the laws of Texas and in good standing,
general partner of LSOF Carlsbad Land, L.P., a Texas limited partnership.
I further certify that the following named persons:
(i) have been duly appointed to the offices set forth opposite their names and
they continue to hold said offices at the present time,
(ii) are duly qualified to act on behalf of the company, and
(ii) each, individually, has the authority to execute documents and
contractually bind the company.
Name Title
John P. Grayken President
J.D. Dell Vice President
Benjamin D. Velvin III Vice President
John R. Crowley Vice President
Louis Paletta Vice President
Mary Etta Ford Assistant Secretary
Rhonda S. Brittain Secretary
Dated this 4* day of February 2003
STATE OF TEXAS 0
COUNTY OF DALLAS 3
SWORN and SUBSCRIBED to before me, a Notary Public, this & day of February
2003.
Darcy B. Parksl ' Y
Notary Public in and for the State of Texas
My commission expires: May 7,2006
EXHIBIT A
DESCRIPTION OF PROPERTY
The Property is identified and described as:
Ownership: Acreage: Assessor Parcel Number(s):
221-011-03-00 40.00
CSOP GJb6+&iJ, Ll? 53.87 22 1-0 1 1-04-00
221-01 1-05-00
39.95 22 1-0 10-22-00
11.31
A- 1
EXHIBIT “B”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITlES DISTIUCT NO. 1
CITY OF CARLSBAD
B-1
EXHIBIT “B”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1
CITY OF CAlUSBAD
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Future Annexation Area shall be
subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as
established for the original Community Facilities District No. I and further based upon
the property categories, maximum tax rates, increases and status of the issuance of
building permits, all as hereinafter set forth. Improvement Area I refers to all properties
within the boundaries of the City of Carlsbad Bridge and Thoroughfare District.
Improvement Area II is for all remaining properties within the Community Facilities
District, not within the Bridge and Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building permit shall be subject to the
following maximum annual special taxes, subject to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II -
Residential Low $ 281.00
Residential Low to Medium 772 .OO
Residential Medium 1,294.00
Residential Medium to High 1,984.00
Residential High 2,793.00
$ 277.00
760.00
1,217.00
1,868.00
2,739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential properties shall be subject to the
following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to
increases as set forth herein, as follows:
B-1
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 4,452.00
Residential Low to Medium 4,452.00
Residential Medium 2,810.00
Residential Medium to High 2,810.00
Residential High 2,810.00
$ 3,835.00
3,835.00
2,312.00
2,312.00
2,312.00
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior to the issuance of a building permit
shall be subject to the following maximum annual special taxes, also subject to
increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA II
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuance of a building permit, shall
have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2)
assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to
exceed twenty-five (25) years, generally in the amounts per property category as
follows:
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MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL
YEAR 1990191 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
COMMERCIAL USE
DESIGNATIONS
Restaurant - Fast Food
Outdoor Tennis Courts
Convenience Market
Bank with Drive-thru
Campground
Restaurant - Sit Down
Marina
Bank - Walk In
Auto - Gasoline
Grocery Store
S & L with Drive-thru
Bowling Center
Restaurant - Quality
Neighborhood Shopping Center
Auto Car Wash
S & L - Walk In
Race Track
Library
Community Shopping Center
Hospital - General
Hotel - Conv. Fac/Comm.
Auto - Repair & Sales
Regional Shopping Center
Discount Store
Golf Course
Church
Office - Government
Commercial Shops
Health Club
Motel
Office - High Rise
Office - Commercial, 100,000 SF
Lumber/Hardware Store
Office - Medical
Hospital - Convalescent
Indoor Sports Arena
IMPROVEMENT
AREA I
$ 28.46
28.14
27.31
18.06
17.51
15.17
14.85
12.83 -
8.1 1
7.78
7.59
6.63
6.57
6.46
6.31
5.51
5.10
4.26
4.24
3.88
3.47
3.41
3.35
3.22
3.06
2.99
2.93
2.90
2.89
2.69
2.67
2.56
2.47
2.42
2.33
2.33
IMPROVEMENT
AREA II
$ 7.58
7.26
6.74
5.72
4.99
4.73
4.41
4.60
2.89
2.56
3.48
2.83
3.09
2.27
2.52
3.03
2.33
2.86
1.80
3.1 8
2.52
1.58
1.61
1.58
2.14
1.94
1.88
1.58
1.85
2.06
1.84
1.75
I .58
2.07
2.23
2.23
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PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT
DESIGNATIONS AREA I
Resort Hotel
University
Junior College
2.30
2.26
2.19
All other Commercial Properties
not identified above 2.14
INDUSTRIAL USE IMPROVEMENT
DESIGNATIONS AREA I
Heliports $ 10.63
Industrial-Commercial
Business Park 2.14
All other Industrial Properties
not identified above 1.74
IMPROVEMENT
AREA II
1.98
1.91
1.90
1.44
IMPROVEMENT
AREA II
$ 3.67
1.51
1.42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The “Maximum Annual Special Tax - Developed Property” for any Fiscal Year shall not
exceed 13.81% of the authorized “Maximum Special Development Tax - One Time” for
the various Commercial and Industrial Property categories as set forth above in the
amount applicable and annually adjusted for each Fiscal Year.
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year
1990/91, and are all subject to annual increases to reflect increases in construction
costs. The Construction Cost Index of the Engineering News-Record, titled “ENR Cost
Indexes in 22 Cities” will be used. The Index published for the month of April for the
City of Los Angeles under the column heading of “Percentage Change from Last Year”
will annually inflate each of the Maximum Annual Taxes for each year for properties as
follows:
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A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100%
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have been discharged and facilities
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has
been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not
be levied for a period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and the SPECIAL
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be
subject to any annual special tax.
Commercial and Industrial:
The Commercial and Industrial properties, upon the issuance of a building permit, have
the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume
the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the
issuance of any building permit, no further increase or escalation is authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities shall be allocated as follows: 65% to
Residential property, 35% to Commercial and Industrial property. The above costs
exclude costs of issuance as needed.
Residential propertv shall be taxed in an amount sufficient to meet the 65% share of
facilities, which tax will include costs of issuance, interest and other costs, including
sinking fund payments for future construction as applicable.
Commercial and Industrial property shall be taxed in an amount sufficient to meet the
35% share of facilities, which tax will include costs of issuance, interest and other costs,
including sinking fund payments for future construction as applicable.
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COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt service, replenish
reserve, call bonds, pay bonds and Community Facilities District No. 1 administrative
costs, and pay for public capital facilities. FIRST: Reduce this amount by the funds
collected from Special Development Tax - One Time levied against residential
properties. SECOND: The remaining funds needed are to be collected by the levy of
the annual Special Tax - Undeveloped Property on undeveloped taxable residential
acreage, in the proportional amounts of each property category as required, not to
exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replenish
reserve, call bonds, pay bonds, and Community Facilities District No. 1 administrative
costs, and pay for current or future public capital facilities. FIRST: Reduce this amount
by the funds collected from Special Development Tax - One Time and annual Special
Tax - Developed Property levied against Commercial and Industrial properties.
SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped
taxable Commercial and Industrial acreage in the proportional amounts for each
property category as required, not to exceed the maximum tax.
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