Community Facilities District No. 2004
Transcription
Community Facilities District No. 2004
RESOLUTION NO. 2003-04/62 A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN Community Facilities District No. 2004-2of the Menifee Union School District WHEREAS, representatives of the Menifee Union School District (District), and CSO Family, LLC (Developer) have been discussing the formation of a community facilities district (CFD) with respect to certain property to be developed by Developer (the Property); and WHEREAS, the Secretary of the Board of Trustees (Board) has received a written petition (the Petition) from the owners of not less than ten percent (10%) of the area of land proposed to be included within the CFD requesting commencement of proceedings for the formation of the CFD as hereinafter provided; and WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the Act), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, et seq. of the California Government Code, this Board is empowered with authority to establish the CFD and to act as the legislative body for the proposed CFD; and WHEREAS, this Board has reviewed the Petition and found it to be in proper form, and now desires to proceed with establishment of the CFD under the Act in order to finance certain public facilities; and WHEREAS, District and Developer agree to fund certain school improvements and related costs and certain fees and charges and improvements which would be required by or payable to the Eastern Municipal Water District (EMWD), to be used for EMWD facilities and improvements, as permitted by the Act and as more specifically described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, District and Developer will enter into a Joint Community Facilities Agreement (JCFA) with EMWD, as permitted by the Act, with the JCFA to be approved by all parties prior to the adoption by this Board of a Resolution of Formation; NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. This Board proposes to conduct proceedings to establish a CFD pursuant to the Act. 2. This Board hereby acknowledges receipt of the Petition and makes it a part of the proceedings to form this CFD. 3. The name proposed for the CFD is the Community Facilities District No. 2004-2 of the Menifee Union School District. 4. The Board hereby finds and determines that the Clerk of the Board has similar powers and duties as the "Clerk" (as that term is defined in Section 53317(a) of the Act), and 397/019623-0003 514609.01 a06/10/04 therefore, the Clerk of the Board, or his/her designee (the Clerk) is hereby authorized and directed to perform all functions of the Clerk under the Act. 5. The proposed boundaries of the CFD include the entire Property, and are as shown on the map of the CFD on file with the Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Clerk is hereby directed to record, or cause to be recorded, said map of the boundaries of the CFD in the office of the County Recorder of the County of Riverside within fifteen (15) days of the date of adoption of this Resolution. 6. The type of public facilities, services and equipment proposed to be financed by the CFD pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereto and by this reference incorporated herein (the Facilities). 7. The Board hereby finds and determines that the public interest will not be served by allowing the property owners in the CFD to enter into a contract in accordance with Section 53329.5(a) of the Act. 8. Except to the extent that funds are otherwise available to the CFD to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the CFD issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of the continuing lien against all non-exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this Board or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are set forth in Exhibit B attached hereto and by this reference incorporated herein. 9. The Board hereby finds that the provisions of Section 53313.9 of the Act (relating to possible credit for state school funds) may be applicable to the CFD. 10. It is the intention of this Board, acting as the legislative body for the CFD, to cause bonds of the District to be issued for the CFD pursuant to the Act (Bonds) to finance in whole or in part the acquisition and construction of the Facilities. Said Bonds shall be in the aggregate principal amount of not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000), shall bear interest payable semi-annually or in such other manner as this Board shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the tune the Bonds are sold, and shall mature at a date not to exceed thirty-three (33) years from the date of the issuance thereof (Fiscal Year 2040-41). The special taxes on any residential property shall not increase each year, and under no circumstances will the special tax levied against any parcel be increased as a consequence of the delinquency or default by the owner of another parcel or parcels within the CFD by more than 10%. 11. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the CFD at a special election. The proposed voting procedure shall be by mail or hand-delivered ballot among the landowners in the proposed CFD, with each owner having one vote for each acre or portion of an acre such owner owns within the CFD. 397/019623-0003 514609.01 a06/10/04 _ -£•- 12. Except as may otherwise be provided by law, all lands owned by any public entity, including the United States, the State of California or the District, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to cover the costs and expenses of the Facilities. 13. The Assistant Superintendent, Business Services, of the District, as the officer having charge and control of the Facilities hi and for the CFD, is hereby directed to study said proposed facilities and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: (a) a description of the Facilities by type, which will be required to adequately meet the needs of the CFD; and (b) an estimate of the fair and reasonable cost of financing the Facilities, including the cost of acquisition of lands, rights-of-way and easements, any physical facilities required in conjunction therewith, and incidental expenses hi connection with said financing, including the costs of any proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. The report shall be made a part of the record of the public hearing provided for below. 14. The Board, as the legislative body for the CFD, hereby fixes the time and place when and where this Board, as the legislative body for the CFD, will conduct a public hearing on the establishment of the CFD and consider and finally determine whether the public interest, convenience and necessity require formation of the CFD, and the levy of said special tax for July 27, 2004, at 4:00 P.M. or as soon thereafter as practicable, at the District office, 30205 Menifee Road, Menifee, California. 15. The Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the CFD. The publication of said notice shall be completed at least seven (7) days before the date herein set for said hearing. Said notice shall be substantially hi the form specified in Section 53322, et seq. of the Act. Notice shall also be mailed to each landowner pursuant to Section 53322.4, and a copy of this Resolution shall be sent to the County of Riverside as required by Section 53315.6. 16. Pursuant to Section 53314.9 of the Act, the District proposes to repay Developer solely from the proceeds of District Bonds if issued by the CFD for funds advanced by Developer and used to pay District costs in forming the CFD. 397/019623-0003 514609.01 a06/10/04 -3- 17. This Resolution shall take effect upon its adoption. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Board of Trustees of the Menifee Union School District at a duly-noticed meeting held on the 22nd day of June 2004, by the following vote: vi> AYES: NOES: ABSTAIN: ABSENT: Members G i a r d i n e l l i , Morrison, O ' D o n r i e l l , Peters None None Member Hanson (/ v Secretary of the Board Menifee Union School District ATTEST: Qerk of the Board 397/019623-0003 514609.01 306/10/04 . -4- EXHIBIT A Community Facilities District No. 2004-2 of the Menifee Union School District DESCRIPTION OF FACILITIES TO BE FINANCED The types of Facilities proposed to be financed by Community Facilities District No. 2004-2 (CFD) of the Menifee Union School District (District) under the Mello-Roos Community Facilities Act of 1982, as amended (the Act) are as follows: "Facilities" means those K-8 school sites, school facilities, including classrooms, on-site office space at a school, central support and administrative facilities, interim housing, furniture, equipment, technology, busses, and transportation facilities needed by District in order to serve the student population to be generated as a result of development of the property within the CFD, and also includes any of the following: payment of fees to be paid to and/or for improvements to be owned by Eastern Municipal Water District, including, but not limited to, sewer and water system facilities, including capacity in existing facilities and sewage treatment and disposal capacity, through a Joint Community Facilities Agreement, to the extent permitted by law. "Facilities" shall also include the attributable costs of engineering, design, planning, materials testing, coordination, construction staking, and construction, together with the expenses related to issuance and sale of any "debt", as defined in Section 53317(d) of the Act, including underwriters' discount, appraisals, market studies, reserve fund, capitalized interest, bond counsel, special tax consultant, bond and official statement printing, administrative expenses of the District, the CFD and bond trustee or fiscal agent related to the CFD, and any such debt and all other incidental expenses. The Facilities shall be constructed, whether or not acquired in their completed states, pursuant to plans and specifications approved by the District. The Facilities listed in this Exhibit A are representative of the types of improvements be furnished by the CFD. Detailed scope and limits of specific projects will be determined appropriate, consistent with the standards of the District. Addition, deletion or modification descriptions of Facilities may be made consistent with the requirements of the Board Education of the District, the CFD and the Act. 397/019623-0003 514609.01 a06/10/04 EXHIBIT A to as of of RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2004-2 OF MENIFEE UNION SCHOOL DISTRICT The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes of Menifee Union School District ("School District") in Community Facilities District ("CFD") No. 2004-2. An Annual Special Tax shall be levied on and collected in CFD No. 2004-2 each Fiscal Year in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property in CFD No. 2004-2, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acreage" means the number of acres of land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the Board may rely on the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. "Act" means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means any ordinary and necessary expense incurred by the School District on behalf of CFD No. 2004-2 related to the determination of the amount of the levy of Special Taxes, the collection of Special Taxes including the reasonable expenses of collecting delinquencies, the administration of Bonds, the payment of salaries and benefits of any School District employee whose duties are directly related to the administration of CFD No. 2004-2, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2004-2. "Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's Parcel. "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number within the boundaries of CFD No. 2004-2. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. "Assigned Annual Special Tax" means the Special Tax of that name described in Section D. "Backup Annual Special Tax" means the Special Tax of that name described in Section E. RMA Final Page 1 of 8 June 22, 2004 "Board" means the Governing Board of Menifee Union School District or its designee as the legislative body of CFD No. 2004-2. "Bond Index" means the national Bond Buyer Revenue Bond Index, commonly referenced as the 25-Bond Revenue Index. In the event the Bond Index ceases to be published, the index used shall be based on a comparable index for revenue bonds maturing in 30 years with an average rating equivalent to Moody's Al and S&P's A-plus, as reasonably determined by the Board. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, which obligation may be incurred by CFD No. 2004-2 or the School District. "Building Permit" means a permit for the construction of one or more Units issued by the County, or another public agency in the event the County no longer issues permits for the construction of Units within CFD No. 2004-2. For purposes of this definition, "Building Permit" shall not include permits for construction or installation of commercial/industrial structures, parking structures, retaining walls, utility improvements, or other such improvements not intended for human habitation. "Building Square Footage" or "BSF" means the square footage of assessable internal living space of a Unit, exclusive of any carports, walkways, garages, overhangs, patios, enclosed patios, detached accessory structure, or other structures not used as living space, as determined by reference to the Building Permit for such Unit. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "County" means the County of Riverside, State of California. "Developed Property" means all Assessor's Parcels of Taxable Property for which Building Permits were issued on or before May 1 of the prior Fiscal Year, provided that such Assessor's Parcels were created on or before January 1 of the prior Fiscal Year and that each such Assessor's Parcel is associated with a Lot, as determined reasonably by the Board. "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes in Section J. "Final Map" means a final tract map, parcel map, lot line adjustment, or functionally equivalent map or instrument that creates building sites, recorded in the County Office of the Recorder. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. "Lot" means an individual legal lot created by a Final Map for which a Building Permit could be issued. RMA Final Page 2 of 8 June 22, 2004 "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C, that can be levied by CFD No. 2004-2 in any Fiscal Year on any Assessor's Parcel. "Minimum Annual Special Tax Requirement" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds, (ii) Administrative Expenses of CFD No. 2004-2, (iii) the costs associated with the release of funds from an escrow account, and (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, less (v) any amount available to pay debt service or other periodic costs on the Bonds pursuant to any applicable bond indenture, fiscal agent agreement, or trust agreement. "Partial Prepayment Amount" means the amount required to prepay a portion of the Annual Special Tax obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Annual Special Tax obligation in full for an Assessor's Parcel, as described in Section G. "Prepayment Administrative Fees" means the fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, costs of redeeming Bonds, and costs of recording any notices to evidence the prepayment and redemption of Bonds. "Present Value of Taxes" means the present value of any Special Tax applicable to such Assessor's Parcel in the current Fiscal Year not yet received by the District for CFD No. 2004-2, plus the expected Annual Special Tax applicable to such Assessor's Parcel in each remaining Fiscal Year until the termination date specified in Section H, using as the discount rate (i) the Yield On The Bonds after Bond issuance or (ii) the most recently published Bond Index prior to Bond issuance. "Proportionately" means that the ratio of the actual Annual Special Tax levy to the applicable Assigned Annual Special Tax is equal for all applicable Assessor's Parcels. "Reserve Fund Credit" means, for each owner of an Assessor's Parcel wishing to prepay the Annual Special Tax obligation of such Assessor's Parcel, an amount equal to the reduction in the reserve requirement for the outstanding Bonds resulting from the redemption of Bonds with the applicable prepaid Special Taxes. In the event that a surety bond of other credit instrument satisfies the reserve requirement or the reserve requirement is under funded at the time of the prepayment, no Reserve Credit shall be given. "Special Tax" means any of the special taxes authorized to be levied by CFD No. 2004-2 pursuant to the Act. "Taxable Property" means all Assessor's Parcels which are not Exempt Property. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property. "Unit" means each separate residential dwelling unit which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units. "Yield On The Bonds" means the arbitrage yield for the last series of Bonds issued. RMA Final Page 3 of 8 June 22, 2004 SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS For each Fiscal Year, beginning with Fiscal Year 2005-06, each Assessor's Parcel within CFD No. 2004-2 shall be classified as Taxable Property or Exempt Property. Furthermore, each Assessor's Parcel of Taxable Property shall be classified as Developed Property or Undeveloped Property. For each Assessor's Parcel of Developed Property, it shall be assigned to a Special Tax class based on the BSF of the Unit as listed on the Building Permit(s) issued for each Assessor's Parcel. SECTION C MAXIMUM SPECIAL TAXES Developed Property The Maximum Special Tax for each Assessor's Parcel classified as Developed Property for any Fiscal Year shall be the amount determined by the greater of (i) the application of the Assigned Annual Special Tax or (ii) the application of the Backup Annual Special Tax. Undeveloped Property The Maximum Special Tax for each Assessor's Parcel classified as Undeveloped Property for any Fiscal Year shall be the amount determined by the application of the Assigned Annual Special Tax. SECTION D ASSIGNED ANNUAL SPECIAL TAXES Developed Property The Assigned Annual Special Tax in any Fiscal Year for each Assessor's Parcel of Developed Property shall be the amount determined by reference to Table 1. TABLE 1 ASSIGNED ANNUAL SPECIAL TAX FOR DEVELOPED PROPERTY Building Square Feet < 3,000 BSF 3,000 -3,300 BSF > 3,300 BSF 2. Assigned Annual Special Tax $2,3 65. 24 per Unit $2,550.04 per Unit $2,623.94 per Unit Undeveloped Property The Assigned Annual Special Tax rate in any Fiscal Year for an Assessor's Parcel classified as Undeveloped Property shall be $14,969.68 per acre of Acreage. RMA Final Page 4 of 8 June 22, 2004 SECTION E BACKUP ANNUAL SPECIAL TAXES Each Fiscal Year, each Assessor's Parcel of Developed Property shall be subject to a Backup Annual Special Tax. The Backup Annual Special Tax rate in any Fiscal Year for Developed Property within a Final Map shall be the rate per Lot calculated according to the following formula: g= UxA L The terms above have the following meanings: B U = = A = L = Backup Annual Special Tax per Lot in each Fiscal Year Assigned Annual Special Tax per acre of Acreage for Undeveloped Property Acreage of Taxable Property in such Final Map, as determined by the Board pursuant to Section J Lots in the Final Map Notwithstanding the foregoing, if all or any portion of the Final Map(s) described in the preceding paragraph is subsequently changed or modified, then the Backup Annual Special Tax for each Assessor's Parcel of Developed Property in such Final Map area that is changed or modified shall be a rate per square foot of Acreage calculated as follows: 1. Determine the total Backup Annual Special Taxes anticipated to apply to the changed or modified Final Map area prior to the change or modification. 2. The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified Final Map area, as reasonably determined by the Board. 3. The result of paragraph 2 above shall be divided by 43,560. The result is the Backup Annual Special Tax per square foot of Acreage which shall be applicable to Assessor's Parcels of Developed Property in such changed or modified Final Map area for all remaining Fiscal Years in which the Special Tax may be levied.. SECTION F METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX Commencing Fiscal Year 2005-06 and for each subsequent Fiscal Year, the Board shall levy Annual Special Taxes as follows: Step One: RMA Final The Board shall levy an Annual Special Tax on each Assessor's Parcel of Developed Property in an amount equal to the Assigned Annual Special Tax applicable to each such Assessor's Parcel. Page 5 of 8 June 22, 2004 Step Two: If the sum of the amounts levied in step one is insufficient to satisfy the Minimum Annual Special Tax Requirement, then the Board shall Proportionately levy an Annual Special Tax on each Assessor's Parcel of Undeveloped Property, up to the Maximum Special Tax applicable to each such Assessor's Parcel, to satisfy the Minimum Annual Special Tax Requirement. Step Three: If the sum of the amounts levied in steps one and two is insufficient to satisfy the Minimum Annual Special Tax Requirement, then the Board shall Proportionately levy an Annual Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is derived by application of the Backup Annual Special Tax, up to the Maximum Special Tax applicable to each such Assessor's Parcel, to satisfy the Minimum Annual Special Tax Requirement. SECTION G PREPAYMENT OF ANNUAL SPECIAL TAXES The Annual Special Tax obligation of an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a Building Permit has been issued may be prepaid. An owner of an Assessor's Parcel intending to prepay the Annual Special Tax obligation shall provide CFD No. 2004-2 with written notice of intent to prepay. Within thirty (30) days of receipt of such written notice, the Board shall reasonably determine the Prepayment Amount of such Assessor's Parcel and shall notify such owner of such Prepayment Amount. In addition, any property owner prepaying his or her Annual Special Tax obligation must also pay all delinquent Special Taxes, interest and penalties owing on the Assessor's Parcel on which payment is being made, if any. The Prepayment Amount shall be calculated according to the following formula: P = PVT - RFC + PAF The terms above have the following meanings: P PVT RFC PAF = = = = Prepayment Amount Present Value of Taxes Reserve Fund Credit Prepayment Administrative Fees Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Annual Special Taxes that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently outstanding Bonds in each future Fiscal Year and such prepayment will not impair the security of all currently outstanding Bonds, as reasonably determined by the Board. Such determination shall include identifying all Assessor's Parcels that are expected to become Exempt Property. SECTION H PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAXES The Annual Special Tax obligation of an Assessor's Parcel may be partially prepaid at the times and under the conditions set forth in this section, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Annual Special Tax obligation would be prepaid. RMA Final Page 6 of 8 June 22, 2004 1. Partial Prepayment Times and Conditions Prior to the issuance of the first Building Permit for the construction of a production Unit on a Lot within a Final Map area, the owner of no less than all the Taxable Property within such Final Map area may elect in writing to the Board to prepay a portion of the Annual Special Tax obligations for all the Assessor's Parcels within such Final Map area, as calculated in Section H.2. below. The partial prepayment of each Annual Special Tax obligation shall be collected prior to the issuance of the first Building Permit with respect to each Assessor's Parcel. 2. Partial Prepayment Amount The Partial Prepayment Amount shall be calculated according to the following formula: PP = PC x F The terms above have the following meanings: PP = PG = F = 3. the Partial Prepayment Amount the Prepayment Amount calculated according to Section G the percent by which the owner of the Assessor's Parcel is partially prepaying the Annual Special Tax obligation Partial Prepayment Procedures and Limitations With respect to any Assessor's Parcel that is partially prepaid, the Board shall indicate in the records of CFD No. 2004-2 that mere has been a partial prepayment of the Annual Special Tax obligation and shall cause a suitable notice to be recorded in compliance with the Act to indicate the partial prepayment of the Annual Special Tax obligation and the partial release of the Annual Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion of the Annual Special Tax shall cease. Additionally, the notice shall indicate that the Assigned Annual Special Tax and the Backup Annual Special Tax for the Assessor's Parcels have been reduced by an amount equal to the percentage which was partially prepaid. Notwithstanding tiie foregoing, no partial prepayment will be allowed unless the amount of Annual Special Taxes that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently outstanding Bonds in each future Fiscal Year. SECTION I TERMINATION OF SPECIAL TAX Annual Special Taxes shall be levied for a period of thirty-three (33) Fiscal Years after Bonds have been issued, provided that Annual Special Taxes shall not be levied after Fiscal Year 2040-41. RMA Final Page 7 of 8 June 22, 2004 SECTION J EXEMPTIONS The Board shall classify as Exempt Property (i) Assessor's Parcels owned by the State of California, Federal or other local governments, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels used exclusively by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels developed or expected to be developed exclusively for non-residential use, including any use directly servicing any non-residential property, such as parking, as reasonably determined by the Board, and (vi) any other Assessor's Parcels at the reasonable discretion of the Board, provided that no such classification would reduce the sum of all Taxable Property to less than 24.52 acres of Acreage. Notwithstanding the above, the Board shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 24.52 acres of Acreage. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Properly to less than 24.52 acres of Acreage will continue to be classified as Developed Property or Undeveloped Property, as applicable, and will continue to be subject to Special Taxes accordingly. SECTION K APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Board not later than twelve months after having paid the first installment of the Special Tax mat is disputed. A representative(s) of CFD No. 2004-2 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of levy), but an adjustment shall be made to the Annual Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). SECTION L MANNER OF COLLECTION The Annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2004-2 may collect Annual Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. J:\CLIEOTS\MENIFEE.USD\MELLO\CSO Family\RMA_l .doc RMA Final Page 8 of 8 June 22, 2004 SHEET 1 OF 1 PROPOSED BOUNDARIES OF MENIFEE UNION SCHOOL DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2004-2 RIVERSIDE COUNTY STATE OF CALIFORNIA (1) fled in the office of the Clerk of the Boon) this day of . 20 Clerk of the Board _J Scott KoocT (2) I hereby certify (hot the wffinmop showing the proposed boundaries of Community Fotilfes District No. 2004-2, Rwrside County, State of Cofifomio, ms approved by the Governing Board a regular meeting thereof, held on this doy of . 20 , by its Resolution No. . Clerk of the Board (3) Fifed this the hour of doy of , 20_ o'clock _m, in F of Mops of Assessment ond Community Todies Districts ot poge ond os Instrument No. , in the office of the County Recorder of Riverside County, Stole of CoWon*. County Recorder of Riverside County 359-130-037 Reference is hereby made to the Assessor maps of the County of Riverside for an exact ascription of the lines and dimensions of each lot and parcel. LEGEND Boundarto of Community FodltlM District No. 2004-2 AtMMor Pared 6ounoorlm nnn—nnn—nnn Assessor Parcel Number PREPARED BY DAVID TAUSSIG & ASSOCIATES, INC. RESOLUTION NO. 2003-04/63 A RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS OF PROPOSED COMMUNITY FACILITIES DISTRICT Community Facilities District No. 2004-2 of the Menifee Union School District RESOLVED by the Board of Trustees (Board) of the Menifee Union School District (District) that: WHEREAS, the Board has this date adopted its Resolution entitled "A Resolution of Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Therein," stating its intention to form Community Facilities District No. 2004-2 (the CFD) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the Act), being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing the acquisition and/or construction of certain public improvements and the payment of certain fees and liens (the Facilities), as further provided in said Resolution; and WHEREAS, the Board estimates the maximum amount required for the financing of the acquisition and/or construction of the Facilities to service the CFD to be the aggregate sum of Five Million Five Hundred Thousand Dollars ($5,500,000); and WHEREAS, in order to finance the Facilities, it is necessary to incur bonded indebtedness in the maximum aggregate amount of Five Million Five Hundred Thousand Dollars ($5,500,000). NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed CFD in the amount of Five Million Five Hundred Thousand Dollars ($5,500,000) in order to finance the cost of the Facilities. 2. The bonded indebtedness is proposed to be incurred for the purpose of financing the cost of the Facilities, including acquisition and improvement costs and all costs incidental to or connected with the accomplishment of said purposes, and of the financing thereof as permitted by Section 53345.3 of the Act. 3. This Board, acting as the legislative body for the CFD, intends to authorize the issuance and sale of bonds, at one tune or in series from time to time, in the maximum aggregate principal amount of not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000), bearing interest payable semi-annually or in such other manner as this Board shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed thirty-three (33) years from the date of the issuance of said bonds or series thereof. 4. On July 27, 2004, at 4:00 P.M., in its regular meeting place at 30205 Menifee Road, Menifee, California, this Board, as legislative body for the CFD, shall conduct a public 397/019623-0003 514612.01 a06/10/04 hearing on the proposed debt issuance, and will consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the District for the CFD. 5. The Clerk of the Board is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation which is circulated within the CFD boundaries. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. Said notice shall be in the form set forth in Section 53346 of the Act. Notice shall also be mailed to each landowner, and a copy of this Resolution shall be mailed to the County of Riverside. 6. This Resolution shall take effect upon its adoption. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Board of Trustees of the Menifee Union School District at a duly-noticed meeting held on the 22nd day of June, 2004, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Members G i a r d i n e l l i , Morrison, O ' D o n n e l l , Peters None None /?_ /I/ / Member Hanson / /, _ , / Ul<^-2#v_^ Secretary of th^Board Menifee Union School District ATTEST: Clerk of the Board 397/019623-0003 514612.01 a06/10/04 RESOLUTION NO. 2004-05/06 A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT THEREFOR AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS THEREOF Community Facilities District No. 2004-2 of the Menifee Union School District RESOLVED by the Board of Education (Board) of the Menifee Union School District (District), County of Riverside, State of California, that: WHEREAS, on June 22, 2004, this Board adopted Resolution No. 2003-04/62, entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein" (Resolution of Intention), stating its intention to form Community Facilities District No. 2004-2 (CFD), of the District pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Section 53311, et seq., of the California Government Code (the Act); and WHEREAS, the Resolution of Mention, incorporating a map of the proposed boundaries of the CFD and stating the facilities to be provided, and the rate and method of apportionment (RMA) of the special tax to be levied within the CFD to pay the costs of providing such facilities, and/or the principal and interest on bonds proposed to be issued with respect to the CFD, is on file with the Secretary of the Board ("Secretary") and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, on this date, this Board held a noticed public hearing as required by the Act and the Resolution of Intention with respect to the proposed formation of the CFD; and WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the formation of the CFD, the facilities to be provided therein and the levy of said special tax were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Board on said matters before it, including a report caused to be prepared pursuant to the Resolution of Intention (Report) as to the facilities to be provided through the CFD and the costs thereof, a copy of which is on file with the Secretary, and this Board at the conclusion of said hearing is fully advised in the premises; and WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of facilities and the rate and method of apportionment of the special taxes have not been filed with the Secretary by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special tax; and 397/019623-0026 521237.01 a07/07/04 -1- WHEREAS, the special tax proposed to be levied in the CFD to pay for the proposed facilities to be provided therein, as set forth in Exhibit A hereto, has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special tax. NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. The foregoing recitals are true and correct. 2. The proposed special tax to be levied within the CFD has not been precluded by majority protest pursuant to Section 53324 of the Act. 3. All prior proceedings taken by this Board in connection with the establishment of the CFD and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act. 4. This Board has previously approved local goals and policies for community facilities districts of the District (Goals and Policies), and this Board hereby finds and determines that the CFD is in conformity with said Goals and Policies. 5. The community facilities district (CFD) designated "Community Facilities District No. 2004-2 of the Menifee Union School District" is hereby established pursuant to the Act. 6. The boundaries of the CFD shall be as set forth in the map of the CFD heretofore recorded on June 29, 2004, as Document No. 2004-0517698 at Book 57, Page 29 of Maps of Assessment and Community Facilities Districts. 7. The types of public facilities (Facilities) proposed to be financed by the CFD pursuant to the Act shall be the items listed on Exhibit A herein. The Report is hereby accepted by the District and incorporated herein by reference. 8. Except to the extent that funds are otherwise available to the CFD to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the CFD issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner and upon the same roll as ordinary, ad valorem real property taxes or in such other manner as this Board or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of special tax (RMA) among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the proposed CFD to estimate the probable maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. 9. It is the intention of this Board, acting as the legislative body for the CFD, to cause the bonds of the District to be issued for the CFD pursuant to the Act to finance in whole or in part the acquisition and construction of the Facilities. Said bonds shall be in an aggregate principal amount not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000.00), 397/019623-0026 521237.01 a07/07/04 o -2.- shall bear interest payable semi-annually or in such other manner as this Board shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of the sale of such bonds, and shall mature at a date not to exceed thirty-three (33) years from the date of issuance thereof (fiscal year 2040-41). The special taxes on any residential property shall not increase by more than two percent (2%) per year, and under no circumstances will the special tax levied against any parcel be increased as a consequence of the delinquency or default by the owner of another parcel or parcels within the CFD by more than ten percent (10%). 10. It is hereby found and determined that the Facilities are necessary to meet increased demands placed upon the District as the result of development occurring in the CFD. 11. The Assistant Superintendent, Business Services of the District, 30205 Menifee Road, Menifee, California, telephone number (909) 672-1851, is the official of the District who will be responsible for preparing the current roll of special tax levy obligations by assessor's parcel number, and will be responsible for estimating and levying future special tax levies pursuant to the Act. 12. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code of California, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property within the CFD and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the District ceases. 13. In accordance with Section 53325.7 of the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, of the CFD is hereby preliminarily established at a sum equal to the amount of all proceeds of the special tax collected annually, and as defined by said Article XIIIB as adjusted for changes in the cost of living and changes in population, and said appropriations limit shall be submitted to the voters of the CFD as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Act. 14. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the CFD at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Board. The proposed voting procedure shall be by mail or hand-delivered ballot among the landowners in the proposed CFD, with each owner having one vote for each acre or portion of an acre such owner owns within the CFD. 15. 397/019623-0026 521237.01 a07/07/04 This Resolution shall take effect upon its adoption. _ -J~ I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Board of Education of the Menifee Union School District at a duly noticed meeting held on the 27th day of July, 2004 by the following vote: Members Giardinelli, Hanson, Morrison, O'Donnell, Peters AYES: None NOES: ABSTAIN: None ABSENT: None Dr. Gary Cring^n, Secretar^f the Board Menifee Union School District ATTEST: Clerk of the Board Menifee Union School District 397/019623-0026 521237.01 a07/07/04 -4- EXHIBIT A Community Facilities District No. 2004-2 of the Menifee Union School District DESCRIPTION OF FACILITIES TO BE FINANCED The types of Facilities proposed to be financed by Community Facilities District No. 2004-2 (CFD) of the Menifee Union School District (District) under the Mello-Roos Community Facilities Act of 1982, as amended (the Act) are as follows: "Facilities" means those K-8 school sites, school facilities, including classrooms, on-site office space at a school, central support and administrative facilities, interim housing, furniture, equipment, technology, busses, and transportation facilities needed by District in order to serve the student population to be generated as a result of development of the property within the CFD, and also includes payment of fees for the Eastern Municipal Water District (EMWD) and/or construction of improvements to be owned by EMWD through a Joint Community Facilities Agreement. "Facilities" shall also include the attributable costs of engineering, design, planning, materials testing, coordination, construction staking, and construction, together with the expenses related to issuance and sale of any "debt", as defined in Section 53317(d) of the Act, including underwriters' discount, appraisals, market studies, reserve fund, capitalized interest, bond counsel, special tax consultant, bond and official statement printing, administrative expenses of the District, the CFD and bond trustee or fiscal agent related to the CFD, and any such debt and all other incidental expenses. The Facilities shall be constructed, whether or not acquired in their completed states, pursuant to plans and specifications approved by the District. The Facilities listed in this Exhibit A are representative of the types of improvements to be furnished by the CFD. Detailed scope and limits of specific projects will be determined as appropriate, consistent with the standards of the District. Addition, deletion or modification of descriptions of Facilities may be made consistent with the requirements of the Board of Education of the District, the CFD and the Act. 397/019623-0026 521237.01 a07/07/04 Exhibit A RESOLUTION NO. 2004-05/07 A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS THEREOF Community Facilities District No. 2004-2 of the Menifee Union School District RESOLVED by the Board of Education (Board) of the Menifee Union School District (District), County of Riverside, State of California, that: WHEREAS, on June 22, 2004, this Board adopted Resolution No. 2003-04/62 entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein" (Resolution of Intention), stating its intention to form Community Facilities District No. 2004-2 (CFD), of the District pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, sections 53311, et seq., of the California Government Code (Act); and WHEREAS, on June 22, 2004, this Board also adopted Resolution No. 2003-04/63 entitled "A Resolution of Intention to Incur Bonded Indebtedness of the Proposed Community Facilities District" (Resolution of Intention to Incur Indebtedness), stating its intention to incur bonded indebtedness within the boundaries of the CFD for the purposes of financing the costs of certain Facilities specified in the Resolution of Intention; and WHEREAS, on this date, this Board held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of the CFD, the provision of certain of the Facilities and the rate and method of apportionment of the special tax to be levied within the CFD to pay the principal and interest on the proposed indebtedness and the administrative costs of the District relative to the CFD; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD, the provision of the Facilities and the levy of the special tax on property within the CFD were heard and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, this Board adopted Resolution No. 2004-05/06 entitled "A Resolution of Formation of Community Facilities District, Authorizing The Levy of a Special Tax Therein, Preliminarily Establishing an Appropriations Limit Therefor and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors Thereof (Resolution of Formation); and WHEREAS, on this date, this Board held a noticed public hearing as required by the Act relative to the matters material to questions in the Resolution of Intention to Incur Indebtedness; and 397/019623-0026 521242.01 a07/06/04 WHEREAS, no written protests with respect to the matters material to the question set forth in the Resolution of Intention to Incur Indebtedness have been filed with the Secretary. NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. The foregoing recitals are true and correct. 2. It is necessary to incur bonded indebtedness in the maximum aggregate principal amount of up to $5,500,000 within the boundaries of the CFD. 3. The bonded indebtedness is incurred for the purpose of financing the costs of the Facilities, as provided in the Resolution of Intention and the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance the Facilities and the costs of the District in establishing and administering the CFD. 4. The whole of the CFD shall pay the bonded indebtedness through the special tax levy, to be apportioned in accordance with the formula shown on Exhibit B to the Resolution of Formation. 5. The maximum amount of bonded indebtedness to be incurred is $5,500,000 for the maximum term of the bonds to be issued shall in no event exceed thirty-three (33) years. 6. The bonds shall bear interest at a rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable semi-annually or in such other manner as this Board or its designee shall determine, the actual rate or rates and times of payment of such interest to be determined by this Board or its designee at the time or times of sale of said bonds. 7. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the CFD and shall be consolidated with elections on the proposition of levying special taxes within the CFD and the establishment of an appropriations limit for the CFD pursuant to Section 53353.5 of the Act. The time, place and conditions of said election shall be as specified by separate resolution of this Board. 8. This Resolution shall take effect upon its adoption, and shall be published once in a newspaper of general circulation as soon as practicable. 397/019623-0026 521242.01 307/06/04 _ ~2.~ I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Board of Education of the Menifee Union School District at a duly noticed meeting held on July 27, 2004, by the following vote: AYES: Members Giardinelli, Hanson, Morrison, O'Donnell, Peters NOES: None ABSTAIN: None ABSENT: None Dr. Gary Cringan, Secretary Menifee Union School District ATTEST: Clerk of the Board Menifee Union School District 397/019623-0026 521242.01 a07/06/04 -3- e Board RESOLUTION NO. 2004-05/08 A RESOLUTION CALLING SPECIAL ELECTION Community Facilities District No. 2004-2 of the Menifee Union School District RESOLVED, by the Board of Education (Board) of the Menifee Union School District (District), County of Riverside, State of California, acting as the legislative body for CFD 20042, that: WHEREAS, on this date, this Board adopted Resolution No. 2004-05/06 entitled "A Resolution of Formation of Community Facilities District, Authorizing the Levy of a Special Tax Therein, Preliminarily Establishing an Appropriations Limit Therefor and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors Thereof" (the "Resolution of Formation"), ordering the formation of Community Facilities District No. 2004-2 (CFD), of the District authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD; and WHEREAS, on this date, this Board also adopted Resolution No. 2004-05/07 entitled "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within Community Facilities District and Submitting Proposition to the Qualified Electors Thereof" (the "Resolution of Necessity"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $5,500,000 upon the security of said special tax to be levied within the CFD; and WHEREAS, pursuant to the provisions of said resolutions, the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the CFD as required by the MelloRoos Community Facilities Act of 1982, as amended, Section 53311, et seq., of the California Government Code (Act). NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. Pursuant to Sections 53326, 53351 and 53325.7 of the Act, the issues of the levy of said special tax, including the information required by Government Code Section 50075.1 et seq. and Section 53410 et seq., the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the CFD at an election called therefor as provided below. 2. As authorized by Section 53353.5 of the Act the three propositions described in paragraph 1 above shall be combined into a single ballot measure to be designated as Measure A, the form of which is attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of the ballot is hereby approved. 397/019623-0026 521249.01 a07/06/04 -1- 3. The Board finds that the requirements of Government Code Section 50075.1 et seq. and Section 53410 et seq., have been met in that Measure A provides for the statutorily required accountability measures, including a statement indicating the specific purposes of the special tax; a requirement that the proceeds be applied only to the specific purposes so identified; the creation of an account into which the proceeds shall be deposited; and the requirement that an annual report be filed with the Board by the chief fiscal officer no later than January of each year, commencing January 1,2005. 4. This Board hereby finds that fewer than 12 persons have been registered to vote within the CFD for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this Board for the purposes of these proceedings. Accordingly, and pursuant to the Act, this Board finds that for purposes of these proceedings the qualified electors are the landowners within the CFD and that the vote shall be by said landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the CFD as of the close of said public hearings. 5. This Board hereby calls a special election to consider the measures described in paragraph 2 above, which election shall be held in the Board meeting room on July 27, 2004, at 4:00 P.M. or as soon thereafter as is practicable. The Clerk of the Board (Clerk) is hereby designated as the official to conduct said election. The Clerk hereby consents to hold the election less than 125 days after adoption of the Resolution of Formation. It is hereby acknowledged that the Clerk has on file the Resolution of Formation, a certified map of the proposed boundaries of the CFD, and a sufficient description to allow the Clerk to determine the boundaries of the CFD. 6. Pursuant to Section 53327 of the Act, the election shall be conducted by mailed ballot pursuant to Section 4000 of the California Elections Code. This Board hereby finds that paragraphs (a), (b), (c)(l) and (c)(3) of Section 4000 of the California Election Code are applicable to this special election. 7. This Board acknowledges that the Clerk will cause to be delivered to each of the qualified electors within the CFD a ballot in the form set forth in Exhibit "A." Each ballot shall indicate the number of votes to be cast by the respective landowner to which it pertains. Each ballot will be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot will be enclosed with the ballot, have the return postage prepaid, and shall contain the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing official. 8. The voted ballots shall be returned to the Clerk no later than 4:00 P.M. on July 27, 2004. The Clerk shall accept the ballots of the qualified electors in the meeting room of the Board, whether said ballots be personally delivered or received by mail. The Clerk shall have 397/019623-0026 521249.01 a07/06/04 ~ -*•- available ballots which may be marked at said location on the election day by said qualified electors. 9. The Clerk is hereby directed to cause to have published in a newspaper of general circulation circulating within the CFD a copy of this Resolution as soon as possible after the date of adoption of this Resolution. 10. This Resolution shall take effect upon its adoption. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Board of Education of the Menifee Union School District at a duly noticed meeting held on the 27th day of July, 2004, by the following vote: AYES: Members G i a r d i n e l l i , Hanson, Morrison, O ' D o n n e l l , Peters NOES: None ABSTAIN: |\|one ABSENT: None Dr. Cfary Crin^n, Secretar^f the Board Menifee Union School District ATTEST: Clerk of the Board Menifee Union School District 397/019623-0026 521249.01 a07/06/04 -3- Community Facilities District No. 2004-2 of the Menifee Union School District OFFICIAL BALLOT - MEASURE A SPECIAL TAX ELECTION (July 27, 2004) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the Clerk of the Board of the Menifee Union School District either by mail or in person no later than 4:00 P.M. on July 27, 2004. The Clerk's office is located at 30205 Menifee Road, Menifee, California 92584. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO." All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the Clerk of the Board and obtain another. BALLOT MEASURE A: Shall the Menifee Union School District incur an indebtedness and issue bonds in the maximum aggregate principal amount of $5,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Community Facilities District No. 2004-2 (CFD), provided, however, that: (i) the proceeds of such bonds shall only be used for the single purpose of financing those facilities and expenses set forth in Exhibit A to this Official Ballot; (ii) the CFD shall be required to establish an account into which the proceeds of such bonds must be deposited; and (iii) the chief financial officer of the CFD shall be required to file an annual report with the legislative body of the CFD in accordance with Government Code Section 50075.3, shall a special tax set forth in the rate and method of apportionment, which has been provided to me, payable solely from lands within the CFD, be levied annually upon lands within the CFD to pay for the principal and interest upon such bonds, to pay for the costs of facilities and expenses described in Exhibit A hereto and to pay the costs of the District in administering the CFD, provided, however, that: (i) the proceeds of the special tax shall only be used for said single purpose of financing those facilities and expenses set forth in Exhibit A hereto; (ii) the CFD shall be required to establish an account into which the proceeds of the special tax must be deposited; and (iii) the chief financial officer of the CFD shall be required to file an annual report with the legislative body of the CFD in accordance with Government Code Section 53411, and shall the annual appropriations limit for the CFD be established in an amount equal to the total of all proceeds of the special tax collected annually, and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population? 397/019623-0026 521249.01 a07/06/04 YES: — Property Owned by Property Owner: Property Owner: By:. Owner/Authorized Representative 397/019623-0026 521249.01 a07/06/04 EXHIBIT A TO OFFICIAL BALLOT - MEASURE A COMMUNITY FACILITIES DISTRICT 2004-2 OF THE MENIFEE UNION SCHOOL DISTRICT 1. School facilities for students in grades K-8, including school sites, classrooms, on-site office space at a school, central support and administrative facilities, interim housing, furniture, equipment, technology, busses and transportation facilities needed by the District to serve students generated from residential development within CFD 2003-1, including the attributable costs of engineering, design, planning, materials, testing, coordination, construction staking, and construction. 2. Payment of fees and/or construction of improvements through Joint Community Facilities Agreements with Eastern Municipal Water District. 3. Costs of issuance for the bonds of the CFD, including, but not limited to, bond counsel fees, District general counsel fees, underwriter's discount, legal fees for disclosure counsel, special tax consultant's fees, costs of appraisal, reimbursement to the District or the developer for advances for formation costs, fiscal agent fees, printing costs, costs related to transporting and safekeeping of the bonds, filing and recording fees, and preliminary engineering fees. 4. Annual administrative fees of the CFD, including, but not limited to, the costs of administering the CFD, computing and collecting the special tax including any prepayments, preparing the annual special tax levy, transmitting information regarding the special taxes to the fiscal agent and the County of Riverside, fees of the fiscal agent for performance of its services, costs of the CFD in complying with any disclosure requirements, costs related to appeals of any special taxes, or to proceed with foreclosure requirements, costs related to rebate requirements under federal or state law, costs related to annually administering the letter of credit, including proportionate amounts of District employees salaries related to the above. 5. 397/019623-0026 521249.01 a07/06/04 Capitalized interest. _ ~J~ RESOLUTION NO. 2004-05/09 A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN Community Facilities District No. 2004-2 of the Menifee Union School District RESOLVED, by the Board of Education (Board) of the Menifee Union School District (District), County of Riverside, State of California, acting as the legislative body for CFD 20042, that: WHEREAS, in proceedings heretofore conducted by this Board pursuant to the MelloRoos Community Facilities Act of 1982, as amended, sections 53311, et seq., of the California Government Code (Act), this Board on July 27, 2004, adopted Resolution No. 2004-05/08 entitled "A Resolution Calling Special Election," calling a special election of the qualified electors within Community Facilities District No. 2004-2 (CFD) of the District for July 27, 2004; WHEREAS, pursuant to the terms of said resolution, which are by this reference incorporated herein, said special election was held on this date, and the Clerk of the Board ("Clerk") has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, this Board has reviewed said canvass and hereby approves it. NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. The issues presented at said special election were the incurring of a bonded indebtedness in the maximum aggregate principal amount of $5,500,000, the levy of a special tax within the CFD to be levied in accordance with the rate and method of apportionment heretofore approved by the Board by Resolution No. 2004-05/06 adopted on July 27, 2004, entitled "A Resolution of Formation of Community Facilities District, Authorizing the Levy of a Special Tax Therein, Preliminarily Establishing an Appropriations Limit Therefor and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors Thereof," and the approval of an annual appropriations limit as specified in said resolution. 2. Pursuant to said Canvasses on file with the Clerk, the issues presented at said special election were approved by the qualified electors within the CFD by more than two-thirds (2/3) of the votes cast at said special election. 3. Pursuant to said voter approval, the CFD is hereby declared to be fully formed with the authority to incur bonded indebtedness and to levy special taxes as heretofore provided in these proceedings and in the Act. 397/019623-0026 521367.01 a07/06/04 4. It is hereby found that all prior proceedings and actions taken by this Board with respect to the CFD were valid and in conformity with the Act. 5. The Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Riverside a Notice of Special Tax Lien in the form required by the Act, said recording to occur no later than fifteen (15) days following adoption by the Board of this Resolution. 6. This Resolution shall take effect upon its adoption. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Board of Education of the Menifee Union School District at a duly noticed meeting held on the 27th day of July, 2004, by the following vote: AYES: Members G i a r d i n e l l i , Hanson, Morrison, O ' D o n n e l l , Peters NOES: None ABSTAIN: None ABSENT: None Dr. Grary Crin^an, Secretar^6f the Board V Menifee Union School District ATTEST: Clerk of the Board Menifee Union School District 397/019623-0026 521367.01 a07/06/04 -2- CANVASS AND STATEMENT OF RESULT OF ELECTION Community Facilities District No. 2004-2 of the Menifee Union School District I hereby certify that on July 27, 2004,1 canvassed the returns of the election held on July 27, 2004, in Community Facilities District No. 2004-2 of the Menifee Union School District, and the total number of ballots cast in said District and the total number of votes cast for and against the measure are as follows, and the totals as shown for and against the measure are full, true and correct: Qualified Landowner Votes Community Facilities District No. 2004-2 of the Menifee Union School District Special Tax Election July 27,2004 38 °^f Cast 38 YES 38 NO 0 BALLOT MEASURE A: Shall the Menifee Union School District incur an indebtedness and issue bonds in the maximum aggregate principal amount of $5,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Community Facilities District No. 2004-2 (CFD), provided, however, that: (i) the proceeds of such bonds shall only be used for the single purpose of financing those facilities and expenses set forth in Exhibit A to this Official Ballot; (ii) the CFD shall be required to establish an account into which the proceeds of such bonds must be deposited; and (iii) the chief financial officer of the CFD shall be required to file an annual report with the legislative body of the CFD in accordance with Government Code Section 50075.3 shall a special tax set forth in the first amended rate and method of apportionment, which has been provided to me, payable solely from lands within the CFD, be levied annually upon lands within the CFD to pay for the principal and interest upon such bonds, to pay for the costs of facilities and expenses described in Exhibit A hereto and to pay the costs of the District in administering the CFD, provided, however, that: (i) the proceeds of the special tax shall only be used for said single purpose of financing those facilities and expenses set forth in Exhibit A hereto; (ii) the CFD shall be required to establish an account into which the proceeds of the special tax must be deposited; and (iii) the chief financial officer of the CFD shall be required to file an annual report with the legislative body of the CFD in accordance with Government Code Section 53411, and shall the annual appropriations limit for the CFD be established in an amount equal to the total of all proceeds of the special tax collected annually, and as defined by Article XIII B of the California Constitution, as adjusted for changes in the cost of living and changes in population? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS 27th DAY OF JULY, 2004. By:. Clerk of the Board, Menifee Union School District 397/019623-0026 521367.01 a07/06/04 RESOLUTION NO. 2005-06/01 RESOLUTION OF THE BOARD OF EDUCATION OF THE MENIFEE UNION SCHOOL DISTRICT ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2004-2 OF THE MENIFEE UNION SCHOOL DISTRICT AUTHORIZING THE ISSUANCE OF ITS 2005 SPECIAL TAX BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED FIVE MILLION DOLLARS ($5,000,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the Board of Education of the Menifee Union School District (hereinafter sometimes referred to as the "legislative body of the District"), has heretofore undertaken proceedings and declared the necessity to issue bonds on behalf of Community Facilities District No. 2004-2 of the Menifee Union School District (the "District") pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"); and WHEREAS, pursuant to Resolution Nos. 2004-05/08 and 2004-05/09 adopted by the legislative body of the District on July 27, 2004, the bond proposition (the "Proposition") was submitted to the qualified electors within the District, and was unanimously approved at an election held on July 27, 2004; and WHEREAS, based upon Resolution Nos. 2004-05/08 and 2004-05/09 and the election, the District was authorized to issue bonds hi one or more series, pursuant to the Act, in an aggregate principal amount not to exceed $5,500,000 for the District; and WHEREAS, the legislative body of the District has determined in accordance with Government Code Section 53360.4 that a negotiated sale of the 2005 Special Tax Bonds to Stone & Youngberg LLC (the "Underwriter") in accordance with the terms of the Bond Purchase Contract approved as to form by this legislative body herein will result in a lower overall cost to the District than a public sale; and NOW, THEREFORE, THE BOARD OF EDUCATION OF THE MENIFEE UNION SCHOOL DISTRICT ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2004-2 OF THE MENIFEE UNION SCHOOL DISTRICT DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District. SECTION 2. The Menifee Union School District, by its Resolution No. 2004-05/09, adopted on July 27, 2004, has declared that the Proposition presented to the qualified electors of the District on July 27, 2004 had received a favorable vote of more than two-thirds of the qualified electors voting at said election, and that said Proposition has carried, and accordingly, the legislative body of the District is presently authorized to issue from time to time as determined by the legislative body, bonds for the benefit of the District for the purposes set forth 146/019623-0026 589039.04 a06/29/05 in the Proposition and to take the necessary steps to levy the special tax authorized by the Proposition. SECTION 3. The issuance of the 2005 Special Tax Bonds in a principal amount not to exceed $5,000,000 is hereby authorized with the exact principal amount to be determined by the official signing the Bond Purchase Contract in accordance with Section 6 below. The legislative body of the District hereby determines that it is prudent in the management of its fiscal affairs to issue the 2005 Special Tax Bonds. The 2005 Special Tax Bonds shall mature on the dates and pay interest at the rates set forth in the Bond Purchase Contract to be executed on behalf of the District in accordance with Section 6 hereof. All other provisions of the 2005 Special Tax Bonds shall be governed by the terms and conditions set forth in the Fiscal Agent Agreement dated as of July 1, 2005, (the "Fiscal Agent Agreement"), by and between the District and U.S. Bank National Association, as Fiscal Agent (the "Fiscal Agent") on file with the Clerk of the District and to be executed by the President and Clerk of the legislative body of the District, with such additions thereto and changes therein as the officers executing the same deem necessary to cure any ambiguity or defect therein if such addition or change does not materially alter the substance or content thereof, to insert the offering price(s), interest rate(s), selling compensation, principal amount per maturity, redemption dates and prices and such other related terms and provisions as limited by Section 6 hereof, or to conform any provisions therein to the Bond Purchase Contract or the Official Statement delivered to the purchasers of any bonds to be issued by the District. Approval of such changes shall be conclusively evidenced by the execution and delivery of the Fiscal Agent Agreement by such officers. Capitalized terms used in this Resolution which are not defined herein have the meanings ascribed to them in the Fiscal Agent Agreement. SECTION 4. The 2005 Special Tax Bonds shall be executed on behalf of the District by the manual signature of the President of the legislative body of the District, and the seal of the District, shall be impressed or imprinted thereon and attested with the manual signature of the Clerk of the legislative body of the District. SECTION 5. The covenants set forth in the Fiscal Agent Agreement to be executed in accordance with Section 3 above are hereby approved, shall be deemed to be covenants of the Board of Education, in its capacity as the legislative body of the District, and shall be complied with by the District and its officers. The Fiscal Agent Agreement shall constitute a contract between the District and the owners of the 2005 Special Tax Bonds. SECTION 6. The form of the Bond Purchase Contract presented at this meeting is hereby approved and any one of the President of the legislative body of the District, the Superintendent or the Assistant Superintendent, Business Services are hereby authorized to execute the Bond Purchase Contract, with such additions thereto and changes therein relating to dates and numbers as are necessary to conform the Bond Purchase Contract to the dates, amounts and interest rates applicable to the 2005 Special Tax Bonds as of the sale date. Approval of such additions and changes shall be conclusively evidenced by the execution and delivery of the Bond Purchase Contract; provided, however, that the Bond Purchase Contract shall be signed only if the 2005 Special Tax Bonds are to be purchased at a price equal to the principal amount thereof less the Underwriter's discount set forth in the Bond Purchase Contract. Each of the Superintendent, his designee, and the Assistant Superintendent, Business Services are authorized to determine the day on which the 2005 Special Tax Bonds are to be priced in order to attempt to 146/019623-0026 589039.04 a06/29/05 O ~ produce the lowest borrowing cost for the District and may reject any terms if determined not to be in the best interest of the District. SECTION 7. The form of the Preliminary Official Statement presented at this meeting is hereby approved and the Underwriter is hereby authorized to distribute the Preliminary Official Statement to prospective purchasers of the 2005 Special Tax Bonds in the form hereby approved, together with such additions thereto and changes therein as are determined necessary by the President of the legislative body of the District, or her designee, with the advice of bond counsel, to make such Preliminary Official Statement final as of its date for purposes of Rule 15c2-12 of the Securities and Exchange Commission. Each of the President of this Board and the Superintendent of the Menifee Union School District are hereby authorized to execute a final Official Statement hi the form of the Preliminary Official Statement, together with such changes as are determined necessary by the Superintendent or his designee, to make such Official Statement complete and accurate as of its date. The Underwriter is further authorized to distribute the final Official Statement for the 2005 Special Tax Bonds and any supplement thereto to the purchasers thereof upon its execution on behalf of the District as described above. SECTION 8. In accordance with the requirements of Section 53345.8 of the Act, the legislative body of the District hereby finds and determines that the value of the real property in the District subject to the special tax to pay debt service on the 2005 Special Tax Bonds is three times the principal amount of the 2005 Special Tax Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within the District. This determination is based on the full cash value of such property as shown on the ad valorem assessment roll or upon an appraisal of the property within the District by a state certified real estate appraiser, as defined in Business and Professions Code Section 11340(c). SECTION 9. The President and Clerk of the legislative body of the District and the Assistant Superintendent, Business Services and the other officers and staff of the Menifee Union School District and the District responsible for the fiscal affairs of the District are hereby authorized and directed to take any actions and execute and deliver any and all documents (including without limitation a Continuing Disclosure Certificate) as are necessary to accomplish the issuance, sale and delivery of the 2005 Special Tax Bonds hi accordance with the provisions of this Resolution and the fulfillment of the purposes of the 2005 Special Tax Bonds as described in the Fiscal Agent Agreement, including providing certificates to the Underwriter as to the accuracy of any information relating to the Menifee Union School District and the District which is included within the Official Statement of the District. In the event that the President of the legislative body of the District is unavailable to sign any document authorized for execution herein, any other member of the legislative body of the District or the Superintendent, or his written designee, may sign such document. Any document authorized herein to be signed by the Clerk of the legislative body of the District may be signed by a duly appointed deputy clerk. 146/019623-0026 589039.04 a06/29/05 -2 "J ~ ADOPTED, SIGNED AND APPROVED this 12th day of July, 2005. BOARD OF EDUCATION OF THE MENIFEE UNION SCHOOL DISTRICT oard of Education ATTEST: Victor Giardinelli Clerk of the Board of Education of the Menifee Union School District STATE OF CALIFORNIA ) )ss COUNTY OF RIVERSIDE ) I, Victor Giardinelli, Clerk of the Board of Education of the Menifee Union School District, do hereby certify that the foregoing Resolution was duly adopted by the Board of Education of said District at a regular meeting thereof held on the 12th day of July, 2005, and that it was so adopted by the following vote: AYES: Giardinelli, Irey, Peters, Twyman NOES: None ABSENT: None ABSTAIN: None Clerk of the Board of Education of the Menifee Union School District 146/019623-0026 589039.04 a06/29/05 -4- DOC « 2004—0603413 08/03/2004 08:00ft Fee:43.00 Page 1 of 13 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder RECORDING REQUESTED BY AND AFTER RECORDATION RETURN TO: Secretary of the Board MENIFEE UNION SCHOOL DISTRICT 30205 Menifee Road Menifee, California 92584 M S U / PAGE # DA SIZE PCOR NOCOR SMF LONG REFUND NCHG \JL I A R L COPY 'f MISC. NOTICE OF SPECIAL TAX LIEN Community Facilities District No. 2004-2 of the Menifee Union School District Pursuant to the requirements of Section 3114.5 of the California Streets and Highways and Section 53328.3 of the California Government Code, the undersigned Clerk of the Board of Education, Menifee Union School District (District), County of Riverside, State of California, hereby gives notice that a lien to secure payment of a special tax which the Board of the District is authorized to levy, is hereby imposed. The special tax secured by this lien is authorized to be levied for the purpose of paying the costs of, and paying principal and interest on bonds the proceeds of which are being used to finance the costs of, acquisition and construction of public facilities described on Exhibit A attached hereto and hereby made a part hereof. The special tax is authorized to be levied within Community Facilities District No. 20042 (CFD), which has now been officially formed 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 canceled in accordance with law or until the special tax ceased 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, method of apportionment and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby made apart hereof. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are also set forth in said Exhibit B. Notice is further given that upon the recording of this notice in the office of the County Recorder of the County of Riverside, the obligation to pay the special tax levy shall become a continuing lien upon all nonexempt real property within CFD No. 2004-2 in accordance with Section 3115.5 of the Streets and Highways Code. The name(s) of the owner(s) and the assessor's tax parcel number(s) of the real property included within the improvement area of this CFD, and not exempt from the special tax, as they appear on the latest secured assessment roll as of the date of recording of this notice or are 397/019623-0026 526983.01 a07/26/04 EXAM otherwise known to the District are as set forth in Exhibit C attached hereto and hereby made a part hereof. Reference is made to the boundary map of the CFD recorded on July 2, 2004 as Instrument No. 2004-0517698, at Book 57 of Maps of Assessment and Community Facilities Districts at Page 29, in the office of the County Recorder for the County of Riverside, State of California, which map is now the final boundary map of the CFD. 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 Assistant Superintendent, Business Services, of the Menifee Union School District, 30205 Menifee Road, Menifee, California 92584; telephone (909) 672-1851. Dated: July 27, 2004 MENTFEE UNION SCHOOL DISTRICT By:>^ Clerk of the Board 397/019623-0026 526983.01 a07/26/04 _ ~f-~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT gpeaspppaffljJMt^iWjrfM!^^ S 8 0 /J \ State of S County of } On { L-A-sLs--~&4>^\^rLA_^ '\ ^^^ ^ 'y y ^ r\-<^j^JL^t^ '7~£-'7 — O</' Date \ < \ personally appeared /~\ before me. s^t^oi-rf^L'' c- /Jl^Ui^tj^J /i^JZ^^r~'^~^-^<^ \ y ;i f «y__ Name and Title of Officer (e.g., "Jane Doe, Notary Public"^ B /OC<^-cZ3^fc> ; Name(s) of Signer(s) ^ I JH personally known to me — OR—D proved to mo on tho bctclc of oatisfactory ovidoncs to bs ths pcr^ontsX whose name(s)- is/are-subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/her/thoir authorized capacity ftes), and that by his/hor/thoir signature^ on the instrument the person(s^, ' s&3S3^ BRENDAE.MARTM , or the entity upon behalf of which the personfs) acted J/K^JJgk Commission #1429808 executed the instrument. ZwfU^ytifU Nomy rune - UBHUIIMO : vlS^3^ *"**** County WITNESS my hand and official seal. ' ^B^ My Comm.6ipt« Jut 9.2007 . ^ I j t } 1 ^ J9E£ifiV^Ul3B . Einiraal I **-.*—•«— ^«dyM««*h<«B ' /> X^-T£J£-*T_J//' fa) i° • i J 8 0 / /Lj-^J^^-S' Signature of Notary Public x-kni->stki«f Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ] \ \ Description of Attached Document Si Title or Type of Document: \k Document Date: {_ 1/j ^/^/^ ^1, <><-<2 & ^ 1 r\ j /<J-&^CLrg^ o-J Jt^G^r x^x> r-^a-^^^.^^1 (I^f^^hLG^'^—^ \ '•>* *> J; / / Signer(s) Other Tnan Named Above: 1 K f Capacity(ies) Claimed by Signer(s) * Number of Pages: / "\ " Ji S gner's Name: Sianer's Name: j j! 5' | Ji \ } D Individual D Corporate Officer TKIefs): D Partner — D Limited D General D Attorney-in-Fact n Trustee rnani™Tr——. n Guardian or Conservator IIIHIifPP^jj||l n Other Top of thumbhere D Individual D Corporate Officer Titled: D Partner — D Limited D General D Attorney-in-Fact n Trustee D Guardian or Conservator IlliWIIJp^lilJIiH ifi T °P of thumb here Q Other: | \ Signer Is Representing: Signer Is Representing: 1 ^i^^ASXSKSySXKfS^^^^lilf^^l^9^^^^Sf&iSSS'fS'^^^S^^^f^S^ \KiX3!!lftSK^KS^<S!SP(XXS>SKOSfSXXXSXSlSXXS!^!S!!Sf^^XSf9!:^O © 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 990109 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT A Community Facilities District No. 2004-2 of the Menifee Union School District DESCRIPTION OF FACILITIES TO BE FINANCED The types of Facilities proposed to be financed by Community Facilities District No. 2004-2 (CFD) of the Menifee Union School District (District) under the Mello-Roos Community Facilities Act of 1982, as amended (the Act) are as follows: "Facilities" means those K-8 school sites, school facilities, including classrooms, on-site office space at a school, central support and administrative facilities, interim housing, furniture, equipment, technology, busses, and transportation facilities needed by District in order to serve the student population to be generated as a result of development of the property within the CFD, and also includes payment of fees for the Eastern Municipal Water District (EMWD) and/or construction of improvements to be owned by EMWD through a Joint Community Facilities Agreement. "Facilities" shall also include the attributable costs of engineering, design, planning, materials testing, coordination, construction staking, and construction, together with the expenses related to issuance and sale of any "debt", as defined in Section 53317(d) of the Act, including underwriters' discount, appraisals, market studies, reserve fund, capitalized interest, bond counsel, special tax consultant, bond and official statement printing, administrative expenses of the District, the CFD and bond trustee or fiscal agent related to the CFD, and any such debt and all other incidental expenses. The Facilities shall be constructed, whether or not acquired in their completed states, pursuant to plans and specifications approved by the District. The Facilities listed in this Exhibit A are representative of the types of improvements to be furnished by the CFD. Detailed scope and limits of specific projects will be determined as appropriate, consistent with the standards of the District. Addition, deletion or modification of descriptions of Facilities may be made consistent with the requirements of the Board of Education of the District, the CFD and the Act. 397/019623-0026 526983.01 a07/26/04 CYTITOTT A bAHUtSl 1 A RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2004-2 OF MENIFEE UNION SCHOOL DISTRICT The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes of Menifee Union School District ("School District") in Community Facilities District ("CFD") No. 2004-2. An Annual Special Tax shall be levied on and collected in CFD No. 2004-2 each Fiscal Year in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property in CFD No. 2004-2, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acreage" means the number of acres of land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the Board may rely on the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. "Act" means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means any ordinary and necessary expense incurred by the School District on behalf of CFD No. 2004-2 related to the determination of the amount of the levy of Special Taxes, the collection of Special Taxes including the reasonable expenses of collecting delinquencies, the administration of Bonds, the payment of salaries and benefits of any School District employee whose duties are directly related to the administration of CFD No. 2004-2, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2004-2. "Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's Parcel. "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number within the boundaries of CFD No. 2004-2. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. "Assigned Annual Special Tax" means the Special Tax of that name described in Section D. "Backup Annual Special Tax" means the Special Tax of that name described in Section E. RMA Final Page 1 of 8 June 22,2004 "Board" means the Governing Board of Menifee Union School District or its designee as the legislative body of CFD No. 2004-2. "Bond Index" means the national Bond Buyer Revenue Bond Index, commonly referenced as the 25-Bond Revenue Index. In the event the Bond Index ceases to be published, the index used shall be based on a comparable index for revenue bonds maturing in 30 years with an average rating equivalent to Moody's Al and S&P's A-plus, as reasonably determined by the Board. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, which obligation may be incurred by CFD No. 2004-2 or the School District. "Building Permit" means a permit for the construction of one or more Units issued by the County, or another public agency in the event the County no longer issues permits for the construction of Units within CFD No. 2004-2. For purposes of this definition, "Building Permit" shall not include permits for construction or installation of commercial/industrial structures, parking structures, retaining walls, utility improvements, or other such improvements not intended for human habitation. "Building Square Footage" or "BSF" means the square footage of assessable internal living space of a Unit, exclusive of any carports, walkways, garages, overhangs, patios, enclosed patios, detached accessory structure, or other structures not used as living space, as determined by reference to the Building Permit for such Unit. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "County" means the County of Riverside, State of California. "Developed Property" means all Assessor's Parcels of Taxable Property for which Building Permits were issued on or before May 1 of the prior Fiscal Year, provided that such Assessor's Parcels were created on or before January 1 of the prior Fiscal Year and that each such Assessor's Parcel is associated with a Lot, as determined reasonably by the Board. "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes in Section J. "Final Map" means a final tract map, parcel map, lot line adjustment, or functionally equivalent map or instrument that creates building sites, recorded in the County Office of the Recorder. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. "Lot" means an individual legal lot created by a Final Map for which a Building Permit could be issued. RMA Final Page 2 of 8 June 22, 2004 "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C, that can be levied by CFD No. 2004-2 in any Fiscal Year on any Assessor's Parcel. "Minimum Annual Special Tax Requirement" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds, (ii) Administrative Expenses of CFD No. 2004-2, (iii) the costs associated with the release of funds from an escrow account, and (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, less (v) any amount available to pay debt service or other periodic costs on the Bonds pursuant to any applicable bond indenture, fiscal agent agreement, or trust agreement. "Partial Prepayment Amount" means the amount required to prepay a portion of the Annual Special Tax obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Annual Special Tax obligation in full for an Assessor's Parcel, as described in Section G. "Prepayment Administrative Fees" means the fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, costs of redeeming Bonds, and costs of recording any notices to evidence the prepayment and redemption of Bonds. "Present Value of Taxes" means the present value of any Special Tax applicable to such Assessor's Parcel in the current Fiscal Year not yet received by the District for CFD No. 2004-2, plus the expected Annual Special Tax applicable to such Assessor's Parcel in each remaining Fiscal Year until the termination date specified in Section H, using as the discount rate (i) the Yield On The Bonds after Bond issuance or (ii) the most recently published Bond Index prior to Bond issuance. "Proportionately" means that the ratio of the actual Annual Special Tax levy to the applicable Assigned Annual Special Tax is equal for all applicable Assessor's Parcels. "Reserve Fund Credit" means, for each owner of an Assessor's Parcel wishing to prepay the Annual Special Tax obligation of such Assessor's Parcel, an amount equal to the reduction in the reserve requirement for the outstanding Bonds resulting from the redemption of Bonds with the applicable prepaid Special Taxes. In the event that a surety bond of other credit instrument satisfies the reserve requirement or the reserve requirement is under funded at the time of the prepayment, no Reserve Credit shall be given. "Special Tax" means any of the special taxes authorized to be levied by CFD No. 2004-2 pursuant to the Act. "Taxable Property" means all Assessor's Parcels which are not Exempt Property. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property. "Unit" means each separate residential dwelling unit which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units. "Yield On The Bonds" means the arbitrage yield for the last series of Bonds issued. RMA Final Page 3 of 8 June 22, 2004 SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS For each Fiscal Year, beginning with Fiscal Year 2005-06, each Assessor's Parcel within CFD No. 2004-2 shall be classified as Taxable Property or Exempt Property. Furthermore, each Assessor's Parcel of Taxable Property shall be classified as Developed Property or Undeveloped Property. For each Assessor's Parcel of Developed Property, it shall be assigned to a Special Tax class based on the BSF of the Unit as listed on the Building Permit(s) issued for each Assessor's Parcel. SECTION C MAXIMUM SPECIAL TAXES Developed Property The Maximum Special Tax for each Assessor's Parcel classified as Developed Property for any Fiscal Year shall be the amount determined by the greater of (i) the application of the Assigned Annual Special Tax or (ii) the application of the Backup Annual Special Tax. Undeveloped Property The Maximum Special Tax for each Assessor's Parcel classified as Undeveloped Property for any Fiscal Year shall be the amount determined by the application of the Assigned Annual Special Tax. SECTION D ASSIGNED ANNUAL SPECIAL TAXES Developed Property The Assigned Annual Special Tax in any Fiscal Year for each Assessor's Parcel of Developed Property shall be the amount determined by reference to Table 1. TABLE 1 ASSIGNED ANNUAL SPECIAL TAX FOR DEVELOPED PROPERTY Building Square Feet 3,000 BSF 3,000 - 3,300 BSF > 3,300 BSF 2. Assigned Annual Special Tax $2,550.04 per Unit S2,623.94 per Unit Undeveloped Property The Assigned Annual Special Tax rate in any Fiscal Year for an Assessor's Parcel classified as Undeveloped Property shall be $14,969.68 per acre of Acreage. RMA Final Page 4 of 8 June 22,2004 SECTION E BACKUP ANNUAL SPECIAL TAXES Each Fiscal Year, each Assessor's Parcel of Developed Property shall be subject to a Backup Annual Special Tax. The Backup Annual Special Tax rate in any Fiscal Year for Developed Property within a Final Map shall be the rate per Lot calculated according to the following formula: B= UxA L The terms above have the following meanings: B U = = A = L = Backup Annual Special Tax per Lot in each Fiscal Year Assigned Annual Special Tax per acre of Acreage for Undeveloped Property Acreage of Taxable Property in such Final Map, as determined by the Board pursuant to Section J Lots in the Final Map Notwithstanding the foregoing, if all or any portion of the Final Map(s) described in the preceding paragraph is subsequently changed or modified, then the Backup Annual Special Tax for each Assessor's Parcel of Developed Property in such Final Map area that is changed or modified shall be a rate per square foot of Acreage calculated as follows: 1. Determine the total Backup Annual Special Taxes anticipated to apply to the changed or modified Final Map area prior to the change or modification. 2. The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified Final Map area, as reasonably determined by the Board. 3. The result of paragraph 2 above shall be divided by 43,560. The result is the Backup Annual Special Tax per square foot of Acreage which shall be applicable to Assessor's Parcels of Developed Property in such changed or modified Final Map area for all remaining Fiscal Years in which the Special Tax may be levied.. SECTION F METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX Commencing Fiscal Year 2005-06 and for each subsequent Fiscal Year, the Board shall levy Annual Special Taxes as follows: Step One: RMA Final The Board shall levy an Annual Special Tax on each Assessor's Parcel of Developed Property in an amount equal to the Assigned Annual Special Tax applicable to each such Assessor's Parcel Page 5 of 8 June 22,2004 Step Two: If the sum of the amounts levied in step one is insufficient to satisfy the Minimum Annual Special Tax Requirement, then the Board shall Proportionately levy an Annual Special Tax on each Assessor's Parcel of Undeveloped Property, up to the Maximum Special Tax applicable to each such Assessor's Parcel, to satisfy the Minimum Annual Special Tax Requirement. Step Three: If the sum of the amounts levied in steps one and two is insufficient to satisfy the Minimum Annual Special Tax Requirement, then the Board shall Proportionately levy an Annual Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is derived by application of the Backup Annual Special Tax, up to the Maximum Special Tax applicable to each such Assessor's Parcel, to satisfy the Minimum Annual Special Tax Requirement. SECTION G PREPAYMENT OF ANNUAL SPECIAL TAXES The Annual Special Tax obligation of an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a Building Permit has been issued may be prepaid. An owner of an Assessor's Parcel intending to prepay the Annual Special Tax obligation shall provide CFD No. 2004-2 with written notice of intent to prepay. Within thirty (30) days of receipt of such written notice, the Board shall reasonably determine the Prepayment Amount of such Assessor's Parcel and shall notify such owner of such Prepayment Amount. In addition, any property owner prepaying his or her Annual Special Tax obligation must also pay all delinquent Special Taxes, interest and penalties owing on the Assessor's Parcel on which payment is being made, if any. The Prepayment Amount shall be calculated according to the following formula: P = PVT-RFC + PAF The terms above have the following meanings: P PVT RFC PAF = = = = Prepayment Amount Present Value of Taxes Reserve Fund Credit Prepayment Administrative Fees Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Annual Special Taxes that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently outstanding Bonds in each future Fiscal Year and such prepayment will not impair the security of all currently outstanding Bonds, as reasonably determined by the Board. Such determination shall include identifying all Assessor's Parcels mat are expected to become Exempt Property. SECTION H PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAXES The Annual Special Tax obligation of an Assessor's Parcel may be partially prepaid at the times and under the conditions set forth in this section, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Annual Special Tax obligation would be prepaid. RMA Final Page 6 of 8 June 22, 2004 1. Partial Prepayment Times and Conditions Prior to the issuance of the first Building Permit for the construction of a production Unit on a Lot within a Final Map area, the owner of no less than all the Taxable Property within such Final Map area may elect in writing to the Board to prepay a portion of the Annual Special Tax obligations for all the Assessor's Parcels within such Final Map area, as calculated in Section H.2. below. The partial prepayment of each Annual Special Tax obligation shall be collected prior to the issuance of the first Building Permit with respect to each Assessor's Parcel. 2. Partial Prepayment Amount The Partial Prepayment Amount shall be calculated according to the following formula: PP = PG x F The terms above have the following meanings: PP = PG = F = 3. the Partial Prepayment Amount the Prepayment Amount calculated according to Section G the percent by which the owner of the Assessor's Parcel is partially prepaying the Annual Special Tax obligation Partial Prepayment Procedures and Limitations With respect to any Assessor's Parcel that is partially prepaid, the Board shall indicate in the records of CFD No. 2004-2 that there has been a partial prepayment of the Annual Special Tax obligation and shall cause a suitable notice to be recorded in compliance with the Act to indicate the partial prepayment of the Annual Special Tax obligation and the partial release of the Annual Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion of the Annual Special Tax shall cease. Additionally, the notice shall indicate that the Assigned Annual Special Tax and the Backup Annual Special Tax for the Assessor's Parcels have been reduced by an amount equal to the percentage which was partially prepaid. Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Annual Special Taxes that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently outstanding Bonds in each future Fiscal Year. SECTION I TERMINATION OF SPECIAL TAX Annual Special Taxes shall be levied for a period of thirty-three (33) Fiscal Years after Bonds have been issued, provided that Annual Special Taxes shall not be levied after Fiscal Year 2040-41. RMA Final Page 7 of 8 June 22, 2004 SECTION J EXEMPTIONS The Board shall classify as Exempt Property (i) Assessor's Parcels owned by the State of California, Federal or other local governments, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels used exclusively by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels developed or expected to be developed exclusively for non-residential use, including any use directly servicing any non-residential property, such as parking, as reasonably determined by the Board, and (vi) any other Assessor's Parcels at the reasonable discretion of the Board, provided that no such classification would reduce the sum of all Taxable Property to less than 24.52 acres of Acreage. Notwithstanding the above, the Board shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 24.52 acres of Acreage. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 24.52 acres of Acreage will continue to be classified as Developed Property or Undeveloped Property, as applicable, and will continue to be subject to Special Taxes accordingly. SECTION K APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Board not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2004-2 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of levy), but an adjustment shall be made to the Annual Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). SECTION L MANNER OF COLLECTION The Annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2004-2 may collect Annual Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. J:\CLIENTS\MENIFEE.USD\MELLO\CSO Family\RMA_l .doc RMA Final Page 8 of 8 June 22,2004 EXHIBIT C APN OWNER 59-130-037 397/019623-0026 526983.01 a07/26/04 LM Menifee Valley, LLC FYKTRTT JlAtlltJl 1 Menifee Union School District CFD No. 2004-2 Special Tax Levy For Fiscal Year 2013/2014 Book 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 July 9, 2013 Page 360 360 360 360 370 370 370 371 371 371 371 371 371 371 371 371 371 371 371 371 371 371 371 371 371 371 371 371 371 372 372 372 372 372 372 372 372 361 361 361 361 361 361 361 Parcel 1 2 3 4 1 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 Interest 7 8 9 0 8 9 0 1 2 3 4 5 6 7 8 9 9 0 1 2 3 4 5 6 7 8 8 9 0 4 5 6 7 8 9 0 1 0 1 2 3 4 5 6 Special Tax $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,550.04 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,623.94 $2,623.94 $2,623.94 $2,623.94 $2,623.94 $2,550.04 $2,365.24 $2,365.24 $2,623.94 $2,550.04 $2,365.24 $2,623.94 $2,623.94 $2,365.24 $2,550.04 $2,623.94 $2,623.94 $2,623.94 Page 1 of 4 Menifee Union School District CFD No. 2004-2 Special Tax Levy For Fiscal Year 2013/2014 Book 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 July 9, 2013 Page 361 361 361 361 361 372 372 372 372 372 372 372 372 373 373 373 373 373 373 373 373 373 373 373 373 373 373 362 362 362 362 362 362 362 362 362 362 362 362 362 373 373 373 373 Parcel 8 9 10 11 12 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 Interest 7 8 8 9 0 2 2 3 4 5 6 7 8 7 8 9 0 1 2 3 4 5 5 6 7 8 9 3 4 5 6 7 8 9 0 1 1 2 3 4 0 1 2 3 Special Tax $2,550.04 $2,623.94 $2,365.24 $2,623.94 $2,623.94 $2,365.24 $2,550.04 $2,623.94 $2,623.94 $2,365.24 $2,623.94 $2,550.04 $2,365.24 $2,623.94 $2,623.94 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,623.94 $2,623.94 $2,550.04 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 Page 2 of 4 Menifee Union School District CFD No. 2004-2 Special Tax Levy For Fiscal Year 2013/2014 Book 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 388 July 9, 2013 Page 373 373 373 373 373 373 373 363 363 363 363 363 363 363 363 363 363 363 363 374 374 374 374 374 374 374 374 374 374 374 363 363 363 374 374 374 363 363 363 363 363 363 363 363 Parcel 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 13 14 15 12 13 14 16 17 18 19 20 21 22 23 Interest 4 4 5 6 7 8 9 6 7 8 9 0 1 2 3 4 4 5 6 0 1 2 3 4 5 6 7 8 8 9 7 8 9 0 1 2 0 1 2 3 3 4 5 6 Special Tax $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,365.24 $2,550.04 $2,623.94 $2,365.24 $2,623.94 $2,550.04 $2,623.94 $2,623.94 $2,623.94 $2,623.94 $2,365.24 $2,623.94 $2,550.04 $2,365.24 $2,623.94 $2,623.94 $2,550.04 $2,365.24 $2,365.24 Page 3 of 4 Menifee Union School District CFD No. 2004-2 Special Tax Levy For Fiscal Year 2013/2014 Book 388 388 388 388 388 388 388 388 388 388 388 388 388 388 Page 363 363 363 363 363 363 363 363 363 363 363 363 363 363 Parcel 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Major Conclusions Total Number of Parcels Number of Parcels Taxed Total Special Tax Levy for Fiscal Year 2013/2014 July 9, 2013 Interest 7 8 9 0 1 2 2 3 4 5 6 7 8 9 Special Tax $2,623.94 $2,365.24 $2,550.04 $2,623.94 $2,623.94 $2,365.24 $2,550.04 $2,623.94 $2,623.94 $2,623.94 $2,623.94 $2,623.94 $2,550.04 $2,365.24 146 146 $357,927.64 Page 4 of 4