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5/16/2007 - STAFF REPORTS - 3.C.
Jay Thompson Hi Jay: Attached are the complete Petition packets for Annexation 4 property owners who have returned a signed Petition to your office. Please let me know if you have any questions or comments. Thanks again for all your help! Jennie ***Email 2 of 2*** From: Jennie Carter Sent: Wednesday, May 16, 2007 2:11 PM To: 'Jay.Thompson@palmsprings-ca.gov' Cc: 'Troy.Butxlaff@palmsprings-ca.gov' Subject: Annexation 3 into CFD 2005-1 (Petitions for Intent Meeting) - EMAIL 1 OF 2 Hi Jay, Attached are the complete Petition packets for all property owners who have returned a signed Petition within Annexation 3. 1 will forward the ones for Annexation 4 momentarily (file was too large to send in one gropu). For reference, I've attached a detailed database including the percentage of Petitions received from each annexation group. We have more than satisfied the 10% minimum Petition requirement so that we may successfully move forward with the agenda items for both annexations later this evening: ANNEXATION 37 315 signed Petitions received Five Star Property Development --a Signed Petition Received 803 N Palm Canyon --> Signed Petition Received The Racquet Club --> Signed Petition Received ** Smoketree Commons Shopping Center --> will NOT be returning her signed Petition, so this one may need to be removed prior to the Public Hearing ANNEXATION 4 _.=98% s�ned Petitions received Smoke Tree (L'Apache LLC - David Wyman) --a Signed Petition Received Smoke Tree (Grace Jones Ross) --> Signed Petition Received Smoke Tree (Howard and Mabel Harris) Signed Petition Received Smoke Tree (Ralph and Janet Erickson) Signed Petition Received Smoke Tree (PPE Investments - Robert Engle) --7 Signed Petition Received Smoke Tree (Smoke Tree Inc - Tracy Conrad) Signed Petition Received ** Smoke Tree (Edward and Katrina Wheeler) not received yet ** Smoke Tree (Peter M. Sears) --> not received yet I will be leaving the office within the next hour, so if either you or Troy should need to reach me while I'm en route to the City, please feel free to contact me on my mobile phone at (909) 997- 4114, Thank you! Jennie ***Email 1 of 2*** 1 -.7 5/16/2007 Jennie-Car et r-_ Analyst, Financial Consulting Services Muni Financial 27368 Via Industria, Suite 110 TemeCula, CA 92590 (951) 587-3500 Main (951) 587-3515 Direct (951) 587-3510 Fax From: Jennie Carter Sent: Wednesday, May 16, 2007 9:50 AM To: 'Jay Thompson' Subject: RE: Community Facilities District Good morning Jay: I'll put together the complete petition packet for each developer (including the 2 most recent ones you just emailed me), and I'll email the packets to you by this afternoon. And if any other petitions are faxed in the meantime, I'll do the same thing for those ones as well. Thanks a bunch! Jennie From: Jay Thompson [mailto:Jay.Thompson@palmsprings-ca.gov] Sent: Wednesday, May 16, 2007 9:04 AM To: Jennie Carter Subject: RE: Community Facilities District Thanks, I can copy the map for tonight's meeting If you could put together the complete petition packet for each developer that would be great. Jay From: Jennie Carter [mailto:jenniec@muni.com] Sent: Tuesday, May 15, 2007 5:17 PM To: Jay Thompson; Troy Butzlaff Subject: RE: Community Facilities District Hi Jay, It would be best to maintain records of the entire Petition packets for each project within Annexation 3 and Annexation 4. Unless you have an alternate preference, I can insert the scanned signature pages into a PDF file, and email each complete Petition packet to your attention (to retain as in your permanent files). Each complete Petition packet will include the items listed in your email (detailed below): *Signed petition (2 pages) *Exhibit A - Boundary Map (3 pages in Annexation 3 and 1 page in Annexation 4) *Exhibit B - Description of Services (cover page and one page description) same for each project *Exhibit C - Rate and Method of Apportionment (7 pages) same for each project Also, I've attached the most recent set of Boundary Maps here for reference. I am planning on bringing a few sets of the boundary maps for each annexation with me tomorrow night. Would you like me to prepare and print more than a few sets? Thanks, 5/16/2007 Jennie From: Jay Thompson [mailto:Jay.Thompson@palmsprings-ca.gov] Sent: Tuesday, May 15, 2007 4:48 PM To: Jennie Carter; Troy Butzlaff Subject., RE: Community Facilities District What exactly should I have on file for each petition? (and for the perm file on these annexations) Just two pages (page 2 as signed) or should I have an entire petition 'packet' on file for each Signed petition (2 pages) Exhibit A Boundary Map (varies between projects) Exhibit B Description of Services (cover page and one page description)same for each project Exhibit C Rate and Method of Apportionment, (7 pages) same for each project. If we need to have 'complete' package for each petition. I will need your assistance, providing all the exhibits and other documents were some projects just faxed me a signature page. Also I am assuming you will be bringing each of the property boundary maps that need to be attached to each resolution. THANKS, Jay James Thompson, City Clerk City of Palm Springs, California TEL (760) 323-8204 From: Jennie Carter [mailto:jenniec@muni.comJ Sent: Tuesday, May 15, 2007 4:02 PM To: Jay Thompson Subject: re: Community Facilities District Hi Jay, Thanks for sending me the status of the Petitions received to date. I meant to include you on the latest email correspondence so that you would be kept in the loop regarding the Petitions for tomorrow's meeting. Please let me know if you have any questions or concerns. Thank you! Jennie From: Jennie Carter Sent: Tuesday, May 15, 2007 3:10 PM To: 'Troy ButzlafF Cc: Stephen Ternowchek Subject: RE: Community Facilities District Hi Troy, I was planning on calling you shortly to discuss tomorrow night's meeting. I'm actually expecting another call from one of the property owners shortly, but I thought it best to write a summary here as well in case you might have any comments or questions when we touch base later today. 5/16/2007 We will likely not be receiving 100% of the signed petitions, but From a legal standpoint, that is not a problem because we only need 10% signed Petitions returned in order to move forward tomorrow night. I'll give you an exact percentage and update of the returned Petitions during the call. On a side note, when the Public Hearing later approaches in June, we will need to receive 100% Consent/Waiver in order to hold the Special Election on the same night as the Public Hearing. I think this may be where some confusion may have arisen since this is the first time Muni will not be requesting a Petition AND and Consent/Waiver prior to the Intent Meeting. In a typical district annexation we usually request both documents to be signed and returned at the same time since it seemed to be less confusing to the property owner. However, since we believed there was a good possibility that we would not receive 100% of bath sets of documents back due to the issue that some properties have already been sold to individual property owners, we changed our prior methods at that point in an effort to make things easier all around and decided just to collect only what is necessary for each specific council meeting. As you likely saw from Jay Thompson's emails earlier today, some of the property owners returned the signature page of their Petitions via fax. I've checked with a few of my colleagues and we agree that is ok for the Petition to be signed and returned through various means including hand delivery, fax, email, etc. primarily since the code (Gov. Code. sec. 53319) doesn't specify or prohibit the Petition's return method but only requests that 10% of the Petitions be filed with the City Clerk. Also, thank you for sending the information for Annexation 5. I checked my notes, and Tract 33341 was already annexed into the CFD (Annexation No. 2), But we'll be sure to include Tract 33162 in the group for Annexation No. 5 later this year. If you have a preferred time for our call later today, please let me know. Otherwise, I expect to be able to call you at approximately 3:30 p.m. today. Thanks very much! Jennie 7,h 5/16/2007 Tract APNs le al Oescrl [ion Development Name Owner Name Authorized Sl ner Owner Street Mailin a Address Owner M a[Ffng City,State Zip Acrea a Peti tlon Received Petitions Received Acrea a M. 87 51 -020-023 The Cottages at Smakelorea Sm Tre Tnucv Conrad a"> 18 Srno T rte ` = 4 Palm Starnes,CA 92264 2,47 = _ Yes y = 7 G4% 7 04 T2tT MaP was_rSca'did with Bro _ 33878 Port(onbf APN 510-820-032 Rhe�sade Caunly Re[ori6e6 on The Cottages atsmoketrce RPE InVesbn .f.TO_ _ �116bert Engk - - - �SNba[msse CE, _ i yfdtowimife NWF7fSA lY6__; 0.3g _ - 'YeS 1.11% • I.11% February 9,2007 in Seek 415 at - - Tract Map was recorded with the 33878 Pardon of APN 510-020-032 Riverside County Recorder on The Cottages at Smoke`ee Grace Jones Ross,Trustee Grace Jones Rose- 2160 38th Ave.East Seattle,WA 98112 0.4 Yes 1.14%, 1.14% February 8,2007 in Book 416 at Lot 3 witbin I rac[ -1,%yh is Tract Map was recorded with the Edward T.Wheeler 8 Katnna Edward T.Wheeler @Katrina 3387E Portion of APN 510-020-032 Riverside County Recorder on The Cottages at Smokelre .e Wheeler Wheeler 202E SW Jackson Street Portland,OR 97201 0.35 ND - 1.00% February 8,2007 in Book 416 at 1-10�--nY1Wi3hBTwhKh Tract Map vrasremmed wrtb the - 3367& Pardon of APN 510-090-001 Afversade County Recorder on The Cottages at Smoketree LApache,1LC _ David C.Wyman 12{IO Filth Rve.suite 1711 = Seattle,WA 98101 0.25 "Yes - 0.71% 0.71% February 8,2007 in Book 416 at Qot5within rd -1,w Tract Map was recorded with the Howard W Harris&Mabel i4, Reward W.Harris g Mabel M. 33878 Por[ron of APN 510-090-001 Riverside County Rew•der on _ The Cottages at'hrwkerree Harris _ Harris _ 5042 WS Hilltop lane _ Purffarad.DR 97221 0.34 Yes 0:9455 0.94% _ Feoruo ry 8,2007 in Book 416 at of wrlhm ract - ,w ¢h Portion of APN 510-090-001 Tract Map was recorded with the 33878 and Portion of APN 510-070- Riverside County Recorder on The Cottages at Smokelree Peter M.Sear 526 E.Bay Street a 16 Harbor 5pnngs,MI 49740 Palm Springs, CA 92264 0.33 No - 0.94% 032 February B,2007 in[look 416 at - _ _ WithiAm Tract Map was recorded with the Ralph E.Erickson&3an�C. Ralph E"Erickson&Tenet C. 33878 Portion of APN S1R 020 Q32 Riverside County Recorder on The Cottages at srrwxetree _ 915 Odando Place _ San Man no;CA 91108 0.44 - Yes _ 5.25% -1.25% February 8,2007 m Book 416 ac _ Endesory Tru_vtee - Erickson _ n and 51"20-034 excluding ion - Portion of APN 510-09b001 1-7 on Tract 33878-1,which Tract ' 33878 and Portion of APN 510-020- -Map was recorded mth the- The Cottages at Smokelree _ Smcke Tree,inc Tracy Conrad 1850 Smoke Tree cane - _ Palm Spnngs,CA 92264 30.13 yes _ B5186 m 85.815% 032 Rwerslde County Recorder - February 8,2007 In Hook 416 at 35.09 98.06% 100.00% r PETITION 20117°I`t'; -t;. r l r: 02 Regarding Proceedings for Annexation of Tettitory to Community Facilities District No. 2005-1 ' ; (Public Safety Services) G l T i and Related Matters To the IIonorable City Council, CITY OF PALM SPRINGS 3200 EAST TA HQ=CANYON WAY PALM SPRINGS,CALIFORNIA 92262 Members of the Council: This is a petition to institute proceedings to annex ttmtory, including the property identified and described in Exhibit A",to Community Facilities District No.2005-1 (Public Safety Services) (the"Districel within the City of Palm Springs and related matters pursuant to the Mello-Roos Community Facilities Act of 1982, commencing with Section 53311 of the California Government Code of the State of California (the "Act'),and it starts as follows-- 3- Petitioner-. This Petition is submitted by the person (the "Petitioner's (whether one or mote)identified below as or for the record owner(s) of the parcels of land identified below (the'Tropcny'). The undersigned warraws to the City of Palen Springs that the Petitioner is such owner; or is a legally authorized representative of such owner(s),and tbat such ownership constitutes ownership of more than 10% of the property to be annexed, described in Exhibit A" attached hereto and mom particularly described in Section 3 herein. 2. Proceedings Requested. This Petition asks that the City Council undertake proceedings under the Act to annex territory to the District and to levy special taxes therein for the purpose of financing all or part of the public services (the "Services') shown in Exhibit "B" attached hereto and made a part hereof 3. Boundaries. This Petition asks that the territory, to be included in the boundaries of the annexation, consist of that shown on a map of the Proposed boundaries of Annexation No. 4 filed with the City Clerk of the City of Palm Springs and which map is attached hereto as Exhibit"A" and hereby made a part this Petition and which map includes the Property- 4. Special Taxes. The Petitioner agrees that it bas reviewed and approves the Rate and Method of Apportionment of Special Taxes attached hereto as Exhibit "C" and made a part hereof,which Rate and Method has previously been adopted by the City Council of the City of Palm Springs to be used by the City for the levy of Special Taxes in the District and any future annexations to the District to pay for the Services. 6. Election.The Petitioner asks that the special election to be held under the Acy to authorize the special taxes and to establish any appropriations Limits for Annexation No-4,be conducted by the City of Palm Springs and its officials,using a mailed or hand-delivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as the public hearing for Annexation No-4 to the District under the Act or as soon thereafter as possible. 7. Waivers. To expedite the completion of the proceedings for Annexation No- 4 to the District, the Petitioner waives all notices of hearing and all published notices regarding the annexation of M� territory of Annexation No. 4 to the Distxicg notices of election,applicable waiting periods under the Act for the holding of any public heating and for election and all ballot arguments and analysis for the election, it being acknowledged by the Petitioner that all such notices are for the benefit of the Petitioner and may be waived. The Petitioner agrees to timely complete and return a consent and waiver to be provided to Petitioner by the City in order to expedite such proceedings. 8. Authority Warranted. The Petitioner warisms to the City that the presentation of this Petition, any waivers contained herein, casting of ballots at the property owner election and other actions mandated by the City of Palm Spiings to annex Annexation No. 4 to the District shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents catered into or to be entered into by the Petitioner for the Property, including any "chic-on-encumbrance" clauses coder any existing security insixtmeats secured by the Property. If requested by the City, the Petitioner agrees,at its expense,to supply to the City,current tide evidence so that the City may supply any notice and ballot required under the Act to annex Annexation No.4 to the District 9. Due-Diligence and Disclosurm The Petitioner agrees to cooperate with the City, irs attorneys and consultants,and provide all information and disclosures required by the City about the Special Taxes ro purrhascm-of the Property or any part of it. 10. Agreements. The Petitioner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions under this Petition,including any amount of cash deposit required to pay for the City's costs to annex Annexation No.4 to the District By executing this Petition,the Petitioner agrees to all of the above- The Property is Riverside County The Petitioner(=cord owner)is: Assessor Parcel No(s): Mo.Grace)ones Ross,Trustee Portion of APN 510-020-032 } and the Property contains a total of By 0.4 acres. The address of the above for receiving any notice and ballot is: Ms.Grace jones Ross,Trustee c/o Croce jones Roes 2160 38th Ave.East Seattle,WA 98112 MAP OF PROPOSED BOUNDARIES OF SHEU1 Or COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 4 CRY OF PA M SPRINGS C NIYOFAIVERSIOE FIID 4Y iNE OfF1:E[Fi1EC1[rRgf M9_0.VYCF STATE OF OWFORNIA a'lA. 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PAPGEL NS I 51OCPHV3 2 61WPW'1 s EtOCA]RPit LEGEND N ANNE%RTION pOpNp7AY y� ® MuniFinanciai RSS'_GSNF1lT NHMBER Fad{y�Fa F�W�Fa PUBLIC SAFETY SERVICES New police services, fire protecnon and suppression services, and life safety services (die "Services") of the Ciry c)f palm Springs requited to 5ustaip dic s=icc delivery capability for emergency and non-emergency services to new growth areas of the City of Palm Springs, including but not hmucd ro, equipment, vehicles, ambulances and paramedics, Fre apparatus, supplies and personnel; provided, however, that any increases in special rates for costs related to employee wzgee and benefits- shall he ]united as provided in The Aare and iMednod of Apportionment of die Special Taxes to fund such Services. CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilties District No. 2005-1 (Public Safety Services) of The City of Palm Springs (the "District") shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the Disrrict, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if die land area is nor shown on an Assessor's Parcel Map, die land area shown on the applicable final subdivision roap, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of The State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including The proportionate amount of the salaries and benefits of City employees whose duties are directly related to adtatitusuation of the DisrTICT and the fees of consultants,legal counsel, the costs of collecting installments of the Special Taxes upon the general Tax rolls,preparation of required reports;and any other costs required to administer the Disrrict as determined by the City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for the area of Los Angeles-Riverside-Orange County, CA as reflected in the then-curicnr Apnl update. The annual CPl used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (wtiuw.dir.ca.gov/dlsr) If the foregoing index is nor available, the CFD Administrator shall select a reasonably comparable index. September 7,2005 7 GO,n/Pnlm Spring, Gmnmawi ,Faahiier Distria Na.200.5-9 (Pablie Srfeh,Snviccr) "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number "Base Year" means Fiscal Year ending tune 30,2007. "City" means the City of Palm Springs. "Council" means the City Council of the City of Palma Springs, acting as the legislative body of the District. "County" means the County of Riverside, California. "Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential suucture consisting of two or more residential units that share common walls, including, but not livnited to, duplexes, triplexes, town homes, condominiums, and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2006 and prior to May 1st preceding Elie Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building permit(s) has been issued for purposes of constricting one single-family residential dwelling unit. "District Administrator" means an official of the City, or designee thereof,responsible for deterituning the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "District" means Community I-acilioes District No. 2005-1 (Public Safety Services) of the City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a Pimal Map recorded prior to izinuary 1st preceding the Fiscal Year.in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1 'preceding the Fiscal Year in wl-iich tic Special Tax is being levied. The term "Entitled Property" shall apply only to Assessors' Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder. SeplemGer 7,2003 2 GD,o/'Polm S-i-gs Cnntmieai ,Facilities Dernnt No.2003-1 (Public Safe),Set=ei) "Fiscal Year" means the period snai ting July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in fable 1. "Lot" means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued "Maximum Special Tax" means the maxirnum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building perinit(s) has been issued for a non-residential use and does nor contain any residential units as defined under Developed Single faintly Residence or Developed Multi-Family Residence. "Property Owner Association Property" means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a properry owner association, including- any masrcr or sub- association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tan,is equal for all Assessor's Parcels within each Land Use Class. "Public Property" means any property-within the boundaries of the District that is, at the time of the District formation or at the Time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County,the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services,including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police services and fire prorecton and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Rase Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire and life Safety services. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to find the Special Tax Requitement, and shall include Special Taxes levied or to be levied under Sections C and D, below. "Special Tax Requirement" means that amount required in any Fiscal Year for The District to: (i) pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses; (1n) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for SIP111,iGvr 7,2005 3 Gry of Pulm Springs CmmtifUy FnnWpr ViOicl No.2005-1 (PidVie Safety Servos) Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year's Special Tax levy. "State" means The State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant To law or as defined herein. "Tax-Exempt Property" means an Assessors Parcel not subject to the Special Tax. Tax- Exempt Properry includes: (i) Public Property, (u) Properry Owner Association Property, (ui) Non-Residential Property, and (iv) property designated by The City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Property or Entitled Properry, including an Assessor's Parcel that is designated as a remainder parcel and is nor identified as potenual Public Properry by any final documents and/or maps available to the District Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use- B. ASSIGNMENT JQ LAND USE CATEGORTE Each Fiscal Year using The definitions above, all Taxable Properry within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Properry. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below- C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed ,Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Unit 1 Developed Single-Family $i350 per Urit Residence v Developed Muld-Family $295 per Utut Residence SeplewGer 7.2005 -.. 4- ... CID,of PaIn Snaky, Cnmmunily,Fariblies Uislna No.2005-1 (Biblic Safeg,Seni�n) On each July 1 following the Base Year (i.e.,July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special Tax Per Unit is equal to $500 per Unit, no further Annual Escalation factor shall be applied and the Maximum Special Tax Per Unir shall not exceed $500- 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Lot 3 Entitled Property $100 per Lor No Annual Escalation hactor shall be applied to the Maximum Special Tax Per Lot for Entitled Property. 3, Undeveloped Property Undeveloped Property will be assigned a Maximum Special Tax Rate of $500 per acre or portion thereof,with a minimum rate of$100 for Undeveloped Properry less than or equal to one-forth (1/4) of an Acre as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per S1/4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre 71/4 Acre Srplrndnr7,2005 5 - Cio ,/'P-GnSprn"yr Comm adD,ForiGtier DGtrietNo.2005-1 (Pilo&Sdfe,�,Sen*er) No Annual Escalation hactor shall be applied to the Maximum Special Tax Per Parcel/Acre for Undeveloped Property. 4. Tax-Exempt Property No Special Tax shall be levied on'1'ax-Exempt Property. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may conrain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies chat can be unposed on all Land Use Classes located on that Assessor's Parcel, D. METHOD OF APPORTIONMF_NT OF TIIE SPECIAL.T X Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single- Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second,if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property. Lastly, if the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each .Assessor's Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property. E. APPEALS Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed wath the District Administrator during the fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet lvith the taxpayer. If the District Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and,if applicable in any case, a refund shall be granted. t=. EXEMPTIONS 1. Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax: Seplmlw 7,2005 6 0 ,of Palk Sp imgc, ConuirrndD,PaLiLies Dw4da No.2007-7 (Public SafrD,Servrrei) a. A Residential Property consisting of one or two person(s) eam ing$15,300 or less gross income per year, upon complying with procedures to establish such exemption, or b. A Residential Property- consisting of three persons earning $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or C. A Residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Lifeline exemption for telephone services. The City is authorized and directed to promulgate administrative rules and procedures for verification of eligibility for the exemptions referred to in section F. G. MANNER OF COLLECTION Special Tax as levied piusuant to Section D above shall be collected in the same manner and at the same time as ordinary ad w1orem property taxes; provided, however, that The District Administrator may directly bill the Special Tax, may, collect Special Taxes at z different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator. H. TERM OF SPECIAL TAX Every five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetiury. September 7,2005 7 Cihl Of Palm Spdisr rnmm,urity Faalzlzer Dirind No.2005-1 (PuLlie Snfeh'$'miter) PETITION Regarding Proceedings for Annexation of Territory to Community Facilities'District No. 2005-1 (Public Safety Services) and Related Matters To the T-Ionomble City Council, CITY OF PALM SPRINGS 3200 LAST TAI IQUT'1 Z CANYON WAY PATJV SPRINGS, CALIFORNIA 92262 Members of the Council. Thus is a petition to insrirnre proceedings to annex rerriroi7l, including the properry identified and described in Exhibit"A",to Community Facilities District No. 2005-1 (Public Safety Services) (the"District") within the City of Pahn Springs and related matters pursuant to the Nlcllo-Roos Community Facilities Act of 1952, commencing wish Section 53311 of the California Government Code of rhe State of California (the "Act"),and it states aS follows. L Petitioner This Petition is submitted by the person (rhe "Pertioner") (whethcr one or more) identified below as or for the record owner(s) of the parcel. of land identified below (the "Property"). The undersigned warrants to the City of Palm Springs that Elie Petitioner is such owmer, or is a legally auElnorized representative of such owncr(s),and that such ownerslup constitutes ow-ncrship of more than 10% of rhe propeny to be annexed, described in Exhibit "A" arruhed hereto and more particularly described in Section 3 herein. 2. Proceedings Requested This Petition asks that the City Council underrake proceedings under the Act to annex tcrritory to the Disrrict and to levy special taxes therein for the purpose of fin,incuig all or pan of the public services (rhe "Scivices") shown ni Lxhibit "B" attached hereto and made a pare hereof. 3. Boundaries This Petition asks Eliat the territory, to be included ni die boundaries of the annexation, consist oC thar shown on a map of the proposed boundaries of Annexation No, a filed with the City Clerk of Elie City of Palm Springs and which map is attached hereto as Exhibit "A" and hereby made a pan this Petition and which snap includes the Property. 4. Special Taxes- The Petitioner agrees that it has reviewed and approves the Rate and Method of Apponionment of Special Waxes attached hereto as Exhibit "C" and made a part hereof, which Rate and iVIethod has previously been adopted by rhe City Council of the City of Palm Spimgs to be used by the City for die levy of Special Taxes in the District and any funk annexations to the District to pay for the Scivices. G. Election. The Petitioner asps that die special election to be held under the Act, to authorize the special taxes- and to establish any appropriations limits for Annexation No. 4,be conducted by the City of Palm Springs and its officials, using a mailed or hand-delivered ballot and drat such ballot be canvassed and the remirs certified at the same meeting of Elic City Council as the public hearing for Annexation No. 4 to The District under the Act or as soon theteafler as possible 7. Waivers. To expedite the completion of the proceedings for Annexation No. 4 to the District, Elie Petitioner waives all notices of hearing and all published notices regarding the annexation of Nag 14 07 11 = 49a Wyvest 206 515-4505 p- 3 terrltoiy of AnneNation No. 4 to dIe Dis-tmi,uohces of election,applicable watung periods under the Act fui the holding of auy public hearing dad for election and all ballot atgumcnts and analysts for the election, 31 hcing acknowledged by the Petitioner that all such uouces are fox the bcza5t of the Peunoncr and may be w6ved The Petitioner agrees to runely completi and renirn a consent and waiver to be provided io Yedtioncr by the City to.order to expedite ,ouch proceedings-. S. Authority Warranted The Petitioner warrants to the City chat the pccsuntanon of this 1'ednoa, any warvcrs contained heteut, casting of hallots at the ptoperly owncr election aid other actions mandated by the City of Pahu Spruigs to annex, Aunexation No 4 to the Districr shall not eonstiture at be construed as events of default or delinquencies tundcr any ensuug of piopuscd Lmincing documents catcted Into or to be entered into by the Petirtoner for the property, rucluding any "du&on-eocutnbrance" clauses under any cNibuftg security urstrunterts secured by the Property rf requested by the City, the Pctuiuner agtees, at it.+ expense, to supply to the City, cuircul ode evidence so Chat the City may supply any notice and ballot required under the Act to annex Auncxarion No.4 to the Distract 9. Due-Diligence and Disclosures. The Petinoner agrees to cooperate with the C'ttlr, its attorneys =1 cousulr:uit,,, aid provide all infotmatiou and disclosures required by the City about the Speci.tl Taxes to pufclrasca of the Property or any part of it. 10. Agreements. The Pctitiouer further a4recs to execute such addidanal or supplemental agreements as may be required by the City to provide for any of the actions and conditions under this Petition,including any amount of cash deposit rcquued to pay for the City's CaS15 to auneN Annexation No 4 to the District. By=outing tills Ptduon,the Petitioner agrees to all of the above. The Property is Riverside County The Petitioner-(rrcord owner)is: Ansessox pared Nlo(s): L'Apacl Z Portion of APN 510-090-001 and the Property contaiiis a total oC Ey (/ ✓i^- 025 The address of the above Cot teceiving any notice and(allot Ls L'Apache,LLG c/o David C.Wyman 1200 Fifth Ave Suite 1711 Seattle,WA 98101 N _ t_ C7 C, �L ��J I MAP OF PROPOSED BOUNDARIES OF SHEET OF COMMUNITY FACILITIES DISTRICT NO.2005•1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 4 CRY OF PALM SPRINGS COUNTY OF RIVERSIDE STAM OF M.tFCP-'AM il:EpIHT1E O:FL£Ci THE Citt CIEFI[h19_0 AY Of dJli NEAE3lCEFT4Y .4 TiK-X,M11 SlWS1: DFIF9W'S E➢�]Y\l i OFµT£CIIIRV AV.ITp MHV wPFACIfIlE905111LT WJ.2NS1 ,RELCdIFETl L.'i.cm CRYCPPtiN6PPLti."y^WYFTY R= .FE r FSFA.CJLfOFAAWA9 aFP�E➢9Y iNEOIY COFIC! E55i p}fAI CA4l'IXJ pq;YE OFTIECf,YPIlLISP%np$ATA IiJ]JIARiLEfJtli11E11ElF.NE1➢ R4 h£—CNY Ci A}I,BY Rd PECMUf1'.IN IR L Yt . ; 4NYC£PNMS3C l I,IFJf M9_0.lY(F YAf,ATSI£H[U,G_ 2 oF ORGCA�K ry TiE lLGlf_DF WPo LR A9 Sol E`RAl➢ CCMWI.TTfI FIl]LFIIE3 q 9RKTa AT PNI NTrI'c GR SI'£CT.INIY FEp.Y!)1L CCURYCF FfY�M CE.V STAMATE OFCANxft4X FEE 0 IY3IRJNNHLL warrwu¢ nn WEEK FEmEcers O 9Y CEFVIY caJmnEcaYOEn o wFvrla n:rerssr= 11EfEFFM'E I3111']'c i0 S1'Ai AV EV9E]Eb'J4LVIY11}P Ci LDN44NT' 2 p}ppNES g91RLl N11ttS4iP1.LlIGfiIF-TYFRM.ESI CF h£CIIY � OFF.VII EF1EM69 FECCN9E]V[If1{iF£N1£f61!1E WIInTY FE[UidEiB O F-Y.E OX NCl/E 3111.8VS LY i.SNd CP N}P9 OFAS.`S SN�lFlLi] DWYIInfry FN.iNFl6 91ifTJ:Ia PALCTi i1R.A4 fVaTN.MEY,lA AYfi OMl91. iNEIlN3l.W OLEXSIIY9OF ElCN COi CP P}P/216NtlAM CNli9 O C(lljlp Ti Li'L pAP/VIA SViL 6ETN]$`IIF£9fHI L6E]FMV13 A9 EFVMICNIXE FIVE99 LE WJYIYlaE55CiG WF8 TI,hKEEPNiy]8 p9fEd. l PPIVEN9CEC ASEE9.tt.'F8 RVP9 K.� WIEPMIOI NL[EfM9 CdICEpFl4p THE NXE9 M71 IXNEn�IL1G C££W I lO3M PMCEL4 uvA mAvmwv n.nw x — � 7-7F A�EF � I w9ur ,�Esaxzs ro. • 1N] , 6140A 2 51�{fY a EICWSOLU, LFc�rro AAAN AHNE T[ON MUNDA Y RA iYluniFinancial .S}v+ AS:ESSMEISl NUNSER PUBLIC SAFETY SERVICES New police services, fire prorecnon and suppression senrices, and life safery services (the "Semces") of the City of Pahn Springs required to 5u9txin the service delivery capahiltry for cincrgency and non-emergency senaces ro new growrh areas of the City of Palm Springs, including bur not limited to, equipment,vehicles, ambulances and paramedics, fire apparatus, supplies and personnel; provided, however, thar any increases in special taxes for costs related to employee wages and benefits shall be lunired as provided in rhe Rate and Mediod of Apporuonmenr of the Special Ta%cs to fund such Services. CITY OF PALM SPRINGS COMMUNITY FP.CILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District") shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an arnount determined by the City through the application of the rare and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by haw or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS fhe terms hereinafter set forth have the; following meanings: "Acre or Acreage" means The land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessors Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in The Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Communal}, Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance, a) police protection services, and b) fire protection and suppression services-, and life safety services including but not limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties arc directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special faxes upon the general tax tons,preparation of required reports; and any other costs required to administer the Distract as determined by the City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for the area of Los Angeles-Riverside-Orangc County, CA as reflceted in the rhen-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained Through the California Division of Labor Statistics and Research (w,ww.dir.ca.gov/dlsr). If the foregoing index is not available, the CFD Administrator shall select a reasonably comparable index. September 7.2005 ! Cary of Pahl spri"gr Cummruury Facilities Uirina Na-2005-1 (PrrGlir Safegl.S—Wes) "Assessor's Parcel" means a lot or parcel shown to an Assessor's Parcel Map wirh an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County, designating parcels by assessor's parcel number. "Base Year" means Fiscal Year ending June 50, 2007- "City" means the City of Palm Springs. "Council" means the City Council of the City of Palm Springs, acting as the legislative body of die District. "County" means the County of Riverside, California. "Developed Multi-Family Residence" mans all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of consuucung a residential stricture consisting of two or more residential units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condoinuniums, and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Associarion Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2006 and prior to May 1sr preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-fauuly residential dwelling unit. "District Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "District" means Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs. "Entitled Property" means in assessor's Parcel and/or Lot in the District, which has a Final Map recorded prior to January I st preceding the I-tscal Year in which the Special Tax is being levied,but for which no building permit has been issued prior to the May I 'preceding the .fiscal Year in which the Special Tax is being levied. The term "Enddcd Property" shall apply only to Assessors' Parcels and/or Lors, which have been subdivided for the purpose of residential development, excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder. SeplemGer J,2005 2 Q01 of 11o1m Spni+gr Cmm,)ru.qy Rmhl u DwIos I NT,,.2005-1 (P,b&Sofcy S,n""') "Fiscal Year" means the period starting)uly 1 and ending on the following June 30. ",Land Use Class" means any of the classes listed in Table 1. "Lot" means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building permit(s) has been Issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence- "Property Owner.Association Property" means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub- association- "Proportionately" means in a manner such that the ratio of the actual Special Tar levy to the Maximum Special Tax is equal For all Assessor's Parcels within each Land Use Class. "Public Property" means any property witlun the boundaries of the District that is, at the time of the District formation or at Elie time of an annexation, expected to be used £or rights-of-way, parks, schools or any other public purpose and is owncd by or irrevocably offered for dedication to the Federal government, the State, the County, the City or any other public agency- "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and Fire protection and suppression services and life safety services,including but not limited to (i) the costs of contracting services, (a) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City- staff that directly provide police eerviccs and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District- On each July 1 following the Babe Year the increases atTlibuted to salaries and benefits shall be calculated and linuted to the increase based on the Annual Escalation Factor. The Special Tax provides only partial Funding for police, fire and life safety services. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special 'faxes levied or to be levied under Sections C and D, below. "Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (h) pay for Public Safety Service Costs; (n) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Seplember 7,2005 3 C.0)1 of Pahl Spnlrgr Cnmmmrity Fon&kr T%Tfrid AT9 2005.1 (P7,154r Sofrl,SelYrlP.r� Special 'faxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year's Special Tax levy. "State" means the State of California- "Taxable Property" means all of the Assessor's Parcels widen the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: (i) Public Property, (n) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Ycar, all Assessor's Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor's Parcel that is designated ss a remainder parcel ood is not identified as potential Public Property by any final documents and/or maps available to the District Adminisuator. "Unit" means any separate residental dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use- S. ASSIGNMENT TO LAND USE CATFG;ORIES Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below. C. MAXIMUMS FCIAL TAX RATE 1. Developed Property `.CABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Unit 1 Developed Single-Family $350 per Unit Residence 2 Developed Muln-Family $295 per Unit Residence Sc frember 7,2005 4 0 ,of Pal/Springr Cnmm�ueiry Pderlitrer DirLir!No 7005-7 (Pubb,Sojet,Seivke) On each July 1 following the Base Year (i.e.,July- 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance: with the Annual Escalation Factor. Once the Maximum Special Tax Per Unit is equal to $500 per Unit, no further Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit shall not exceed$500. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Lot 3 Lnuded Property $100 per Lot No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Lot for Entirled Property. 3. Undeveloped Property Undeveloped Property- will be assigned a Maxunum Special Tax Rate of $500 per acre or portion thereof,with a minimum rare of$100 for Undeveloped Property, less than or equal to one-forth (1/4) of an Acre as dcsuibed in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No_ 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per 5W4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre 1/4 Acre Sepimber 7,2005 5 - -- CIO'n/P-1-1 Sp+irrgr Cmm�urnily Facilitrer Drrtvict No.7005-7 (Publi,Safeo,Se,vrec+) No Annual P.scalation Factor shall be applied to the Maximum Special 'fax Per Parcel/Acre for Undeveloped Property. 4. Tax-Exempt Property No Special Tax shall be levied on Tax-F,xc npt Property. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that cnn be imposed on all Land Use Classes located on that Assessor's Parcel. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Conunencing with Fiscal Year 2006-07, and For each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals die Special'I'ax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single- F'ainily Residence and Developed Mulu-1^amily Residence up to 100% of die applicable Maximum Special Tax. Second, if the Special Tax Requirement has nor been satisfied by the fast step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property. Lastly,if The first two steps have not satisfied the Special Tax Requirement, then the Special 'fax shall he levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100% of the applicable Maxnnum Special Tax for Undeveloped Property. E. APPEAi.s Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is regtured to be filed w7th the District Administrator during the fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, iF necessary, meet with the taxpayer. If the District Administrator verifies that The tax should be changed the Special Tax levy shall be corrected and,if applicable to any case,a refund shall be granted- F. EXEMPTIONS 1. Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax: Sipte)iLer i,2005 G Crty of Palm Sprxi;gr Camnirroiy Facilities Dirhia nrn.2005-7 (P7,1512C sgpo,.Stmfuj) a. A Residential Property consisting of one or two person(s) earning�,15,300 or less gross income per year, upon complying with procedures to establish such exemption, or b. A Residential Property consisting of three persons earning $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or C. A Residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Lifeline exemption for telephone services. The City is authorized and directed to promulgate administrative rules and procedures for verification of eligibility for the exemptions referred to in section F. G. MANNER OF COLLF.C�T_ON Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property- taxes; provided, however, that the District Administmior may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obhgations of the District or as otherwise determined appropriate by the Distinct Administrator- H. TERM OF SPECIAL TAX Every five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otheimse the Special Tax shall be levied in perpetuity. September 7,2005 7 Cih'nfPabn Spriigr Cnn awni6i,FaaliFrer Dtrma No.200j-1 (Pub&Solily Scrmcer) MAY-14-2007 07:50 From`SMdKrc TPrg Rf- rH 7603279490 To:162657MOOI P.3/15 P17-TITION Regarding Proceedings for Attncxatiair of"Territory io CITY �' +'�• Community Fucilities Disitrict No. 2005-1 (Public Safety Services) and Related Matters To the flonorable City Council, CM OF PALM S1'luNGS 3200 EAS'1"1"i1.1-1lZUTY'<.CANYON WAY HALM M UNGS,CALIFORNIA 92262 P2ember5 of the Cuunrilc This is a petition to insntore procoedings to antics territory, intludinp, the property identified and dcsrabcd in F'orhrbir"A to Cmniouuity Facilities ESFoier No-2005.1 (Public Safety Services)(die"Distoct") witliut die City of Palm Springy and related mat.(m pursuanr to [he Mello-Roos Corr,munily Facilities Act of 1492, commencing with Szkdon 53311 of the California Govrmnirnt Code of the State of CaMornia (die "Aci�,and i[state%as follows: 1. Perldoiacc Thus Pcrition is subixiittcd by the petstm (the "Pedtiollee) (whencar one or more)identified below as at for the rccoral uwncr(s) of the parcels of land identified below (the"Pruperty'). The endcrsigncd warrancs Co die City of Palm Springs that die Petition i�i such owner, or is a legally audrodzcd xeprescnnrmt:of such owner(s),and that such ownership consdtunes omietship of more than 10% of the property to be annexed, described in lSxhibit "A" auathed hereto and mots pamcularly dtscvbed in Secdon 3 herein 2. Procecdirip Requented- ']'his Pedreon asks ticu thu City Council undcrrakc pmccetiurKu tindcc the Act to annex mcrnrnry u7 the District and to levy special cares thcodu for the purpose of fruancrng all or p,uc of the public servicei (the •'Scrvrccs") shown tit )=hibit "S" atochcd hernn and made a part hereof. 3. Boundaries. This Petition asks dear rhe territory- to be included in the bnnndanes of the nunexation,eorisi.c cf rhat shown on a inap ol"dic proposal hnundann of Anncxarion No. 4 Wed with the City Clerk of die City of Palm Springs and which Evnp is:anaclicd hereto as Fxhihir"A"and lici.eby made a part This Petition and which trap includes the Property 4, Special Tuxes. The Pelrtiutidr abzccs Tliar it has revtcwcd and yppruvas the Rate and Method of Apportionment of Special Taxes atrached licrctu as Uiibir "f:" and made a pan hereof, wbich Race and Method has previously licen adopted by The City Council of the City of Palm Springs to be used by dic City for the levy of Special Taxes in the.District and any future annexations to dic District to pry for the SerVICCS• 6. Elecdon.'11ie Veriunner asks that the special election to be held under die Act,to au[hotize the speti:d coxes and to establish any appropriations krnits for Annexnriun No.4,he crinducred by the(amity of Palm Springs and its officials, using a ui-Oed ur hand-delivered ballot and that such ballvt be LYEnvx"ccl and die results certi5cd ar the same rneering of the Laity CoO lm id am Elie public hearing for Annexation No,4 w thr District uadcr the Act or as soup thcreafrar as passible. 7. Waivers. To cxprditu the completion of Ake for Annexation No. 4 to the Diarrice, dic Petitioner waives all notices of hearing and all publkhed notices regarding the annexation of a -d dtrl7 =E❑ L0 iri FeW MFtY-14-2007 07:50 From-.SMDKE TREE Rr*oi 1'607279490 To:16265770001 P.9,15 mmoxy of Annexation Na.4 ro the 1)icgtcf,nouces of cleetion,applicable wiring periuda under the Act for die holding of any public hearing and for election and all hallo[ atguuixuls and xnalysiF for the cleetion, it being Aeknowledged by the Petitioner that A such natices ire For the benefit,of the Pudtioncr and may be waived. The Peuduncr akrees m lirnely complete ieO return a consent and waiver to be.- provided to Petitioner by the Cry in order rn cxl)rdiir bush pro=rhfigs. 8. Awharity Watranzed. The Petitioner warrants to the City d)xt the ptcscnuarion of this PCTitien, Ally waivers eonctined herein, etistin8 of ballors xt the property owner election and other actions mandated by rife City of Palm Springs m annex Anacfatinn No. 4 to fh�l)isulct shall not cunsnrnre or be Construed as events of default or delinquencies under achy cxi%ung or proposed finaneit)g do<umep4:entered mm nr to be.entered into by the Petitioner Fnr the Property, urcluding any"due-nn-enenmbrance" Clauses under ally cxismhg security instruments secured by the rropesry. If feque_sted by the City, the Petitioner agrees,AT its expense, 1U supply to the City, wrrenr rifle..ev.dencc so that the City may xupply any notice and hallo[requited under the Act ro annex Annexation No.4 to the Ditrricr. 9. Due-Ailiscnce and Diselusurev. The Pcuuoncr Agrees ftj wupraatc with the City, its arforneye And cunstdtantc, and provide all inFnrntarirm and dixlosvns required by die ('ry about die Special Times to purchasers of the Property of auy part of ir. in. A.gtcements. The Ptvtioncr furd)ct agrees to rxecute such idditioual or supplcnental agrecrrncnrt as may be required by the City to provide for any of the acrinns and wnditions under this Pcnriun,indudtng any ampunt of cash&Wmt required to pay for Elie City's costs to annex Annexation No.4 to the District. By exciting this Petition,due Pcdtiencr agrees to all of the above. The Property is Riverside Cowlty The Petitioner(record owner)is. Assessor Parcel No(s): Ralph E. Erickson&Janet C. Prickxon,Tnrdtee Portion of APN 510-020-032 And the Property wntains a rural of R'y. , 0.44 acres. The addrt ..f i 4G A,ove for receiving any notice and bailor is: Ralph E.Ericlrano&Janet C.Erickson,Truutee C/o Ralph E.Enieknon do Janet C.Ffickson 915 Orlando PlAce Sae M..:..o,CA 91109 E d eli.0 ;6 L0 it l Few MAP OF PROPOSED BOUNDARIES OF SFET 1 cF 1 COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 4 MY OF PALM SMING9 wuN[Y OF PlVEn51DE STATE OF CALFORNIA IIDINTIEC£FC£CFTE Cf1YIXEN.iXl9_0.5Y C£ >bli. 1 xEnEar e£mcr iNA:T1=MiMNSIV."eIq DSMUTs awl C£NN>Ar44E 4]O .H OFPF GFL VsmCEN]9)..1 pu3x earkTr EE.IY.CE6f.FJ1vOP Puu sPFLti64 mwm o- Nh]CIYE. S Of CF CLLS ATA' TOY216YiNE CT'O]IIM1CR CfiNE CT'RPILV ii1MJ]ATAxN'6V11 YElN]il£PEOE FTI➢ FJS: PRIIA GLY(O.Y NRAE CNINc_YAY Ll CfaY CIETJC S [Itt[F FAIM9RM1[6 F]F➢nu;_wres S[Vi.A:xFxxn Et z QLtM.N_Af INT£IXK_CF kAPa'C61SE53lENIAID DJY.MJ41lY FM^[lfi9 CClTRLTJ Ai FACQS]�N ixE CFY-Cf iNE CCURYIEll]FJLR WYMY P'RYEF51]E+'fAIEE£CJL FFAV. FEE 0 usrnuuEvr M1o: 11.91{YWAM.Ai '^""^'OACRE^[(am Q 9Y[sFllfY WJYTI PECOaYEx � canTV EweaeFs�E FEFEl410E19 VICETOTIVT INFNLE➢3]LIAViY WPC£D]VMJ4T' Z FACf1FE9[ISPV.T N]d%61 Fr IIaLYi Hl'k 1Y6�.1[E 9IGTIEC� � OF =ONPrlI4(GP L.L . TM1IlNE FJY i FSCF�LNlYPS£LER" OFF1C_IXV N]YMER 1.H0.N PDX'.M OF Y43 Cf A55.'-a'SNE1R A40 pA"IYJ 41[YFALIIfc0051-i1L'fB.PW E9]I TI,A.91M1S1TJlENPEq. 'd�.fi roM 131 .Wc3A4YONFM1SIm OF FJ4N IPi ORPM1418MY,W CN119 N1RiW 61IAL.BE lF1!EE LK91111 C.V iy$OYSAq 6HM111N R1'c CLYIEI]Tf V1L IV.FF<IDE D.YINIYA^wS�AFS Yl�310Ri1'II.E PAVi'J'N31EA h�N.��ce D�IMIY A9535Qi9 YAPS 51 W L W.£FN FONAIlNEFM9 ttY1Ccr—LYN3TEllY3A40DNER9[IY9 P'&ICHlOf9 ORFfltiil4 1N2A TR4f T.NJ SCT M1SME Ai$E:SCR9 IKt P.NCEL FA. { 51PP30N.1 1 SIM➢O LEGEND AAAN AYNE N DCiI: {YlcniFinancial Qt A59ESSME99MENr NDMBUBEH PUBLIC SAFETY SERVICES New police services, fire protection and suppression servlecs, and life safety services (the "Services") of the City of Palm Springs required to sustain the service debvery capability for emergency and non-emergency services to new growth areas of the Cii) of Palm Springs, including bur not bmited to, equipment, vehicles, ambulances and paramedics, fire apparatus, supplies and personnel, provided, however, that any increases in special taxes for cosrs related to employee wa,5cs and beneFiY .hall be limited as provided in the Rare and Method of_Apportionment of the Special Taxes to fund such Services. CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERtiICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City, of Palm Springs (the "District") shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount determined by the City through the application of the rare and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have die following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended,which authorizes the establishment of the District To Finance: a) police protection services, and b) fire protection and suppression services, and life safety services including but nor bruited To ambulance and paramedic services. "Administrative Expenses" mcanb the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose dunes are directly related to administration of the District and the fees of consultants,legal counsel, The costs of collecting installments of the Special Taxes upon the general tax rolls,preparation of required reports; and any other costs required to adminisrer the District as determined by the City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPl or The percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for The fiscal year of the Special Tax. The annual CPI used shall be for the area of Los Angeles-Riverside-Orange County, CA as reflected in the Then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.drr.ca.gov/dlsr). If the foregoing index is not available, the CFD Administrator shall sclecr a reasonably comparable index. Sepee seer 7,2005 1 -- - - - 04 of P14W Spiri{gr ComwvwDr Faakfies Drsina Nn.2005-1 (Plibli,Safv)p Srr mi ) "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating Parcels by assessors parcel number. "Base Year" means Fiscal Year endingJune 30, 2007. "City" means the City of Palm Springs. "Council" means the City Council of the City of Palm Springs, acting as the legislative body of the District. "County" means the County oFRiverside, California "Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property-, for which a building permit was issued after January 1, 2006 and prior to May 1st preceding the Fiscal Year in which the Special Tax is being k ied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling utut. "District Administrator" means an official of the City, or designee thereof,responsible for determining the Special Tax Requitement and providing for The levy and collection of the Special Taxes. "District" means Community Facilities District No 2005-1 (Public Safcty Services) of The City of Palm Springs. "Entitled Property" Tneatis an Assessor's Parcel and/or Lot in the District, which has a Final Map recorded prior to January lsr preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1"preceding the Fiscal Year in which the Special Tax is being levied. The term "Entidcd Property" shall apply only to Assessors' Parcels and/or Lors, which have been subdivided for the purpose of residential development, excluding any Assessor's Parcel chat is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded its the Office of the County Recorder. Septmber 7,2005 - — ? - City n(Polin Sprsngr Cowvu iif,Facilities District AT&2005-1 (PaGli,Snfcb,S-111) "Fiscal Year" means the period starting July- 1 and ending on the following junc 30. "Land Use Class" means any of the classes lisred in 'fable 1. "Lot" means properry within a recorded Final Map identified by a lot number for which a building petnut has been issued or may be issued. "Maxixnum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building perrnit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family-Residence or Developed Mulri-Family Residence. "Property Owner.Association Property" means any property within the boundaries of the District that is owricd by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub- association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels within cacti Land Use Class. "Public Property" means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal govemmcnr, the State, the County, the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services slid fire protection and suppression services and life safety services,including but not limited to (i) the costs of contracting services, (u) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (in) the salaries and benefits of City staff rhat directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providiing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Allmtal Escalation Factor. The Special Tax provides only partial funding for police, fire and life safety services. "Special Tax" means the Special 'fax to be levied in each Fiscal Year on each Assessor s Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D,below. "Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve finds; and (iv) pay for reasonably anticipated delinquent Special 'faxes based on the delinquency rate for SrplMIM 7,2005 5 city ofPolm SPringr Cnnnuuai ,Faditrer Diviia No.2005-1 (Public SafeTjr Sermn) Special 'faxes levied in the previous fiscal Year; less any surplus of funds available from the previous Fiscal Year's Special.Tax levy. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels w rhtn the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined hercin- "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Excmpt Property includes: (i) Public Property, (ti) Property Owner Association Property, (ui) Non-Residential Properry, and (iv) property designated by the City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property nor classified as Developed Property or Entitled Property, including an Assessor's Parccl that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Adihunisiralor. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent factHry capable of conveyance separate from adjacent residential dwelling units and is not considered to he for commercial or industrial use. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the defttntions above, all 'Taxable Property within the District shall be classified as Developed Property, P.nriticd Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below- C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Unit 1 Developed Single-Family $0350 per Unit Residence Developed Multi-Fanhily $295 per Unit Residence Sep7eiber 7,2005 4 Crgr aJ Paln,Sprxogr Coninrrmil� FariAiner Dirdtc7 No 2005-1 (Pab46r Srfe[,Services) On each July 1 following the Banc Year (i.e.,July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special 1'ax Per Unit is equal to $500 per knit, no further Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit shall nor exceed$500. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Lot 3 Lntided Propert}' $100 per Lot No Annual Escalation factor shall be applied to ncc Nfaxinmm Special Tax Per Lot for Entitled Properry, 3. Undeveloped Property Undeveloped Properry will be ass'i}med a Maximum Special Tax Rate of $500 per acre or portion thereof,with a minimum rate of$100 for Undeveloped Property less than or equal to one-forrh (1/4) of an Acre as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Parcel/Acre 1 Undeveloped Property $100 per !W4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre >1/4 Acre September 7,2005 5 Clly g1'Polm Sppm'gr Cmmwnuri),Facilities Distria Na.2005-1 (Public Sufch's",,wrr� No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Parcel/Acre for Undeveloped Property. 4. Tax-Exempt Property No Special Tax shall be levied on Tax-E.xcmpt Property. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calcularc the Special Tax Requirement based on the definitions in Section A and levy the Special Tau as follows until the amount of the Special Tax levied equals The Special Tax Requirement. Frrst, the Special'1'ax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single- Family Residence and Developed Muld-Family Residence up to 100% of the applicable Maximum Special Tax. Second,if the Special Tax Requirement has not been satisfied by the first srcp, then die Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property. Lastly,if the frsi two steps have nor satisfied the Special Tax Requirement, then die Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property- up to 100% of the applicable Maximum Special Tax for Undeveloped Property- E. APPEALS Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written nonce with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the Distrct Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the District Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and,if applicable in any case, a refund shall be granted. F. EXEMPTIQIVS 1. Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax: Septeoibef i,2005 6 cily iy,P11111 ViTingr Cow xenily Faak&.r Pzsina No.2005-1 (Pubhe SnfdTy Serrueer) a. A Residential Property consisting of one or two person(s) earning $15,300 or less gross income per year, upon complying with procedures to establish such exemption, or b. A Residential Property consisting of three persons earning $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or c_ r1 Residential Property which qualifies for either the Low Income Rate Assisrancc (T,TRA) exemption for electrical or gas services or the Lifeline exemption for telephone sen�ices. The City is authorized and directed to promulgate administrative rules and procedures for verification of eligibility for the exemptions referred to in section P. G. MANNER OF COLLECTION Special Tax as levied pursuant to Section D above shall be collected in the same manner and au the same time as ordinary ad valormy property taxes; prodded, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise detcrmincd appropriate by the Distract Adnunisrraior. H. TERM OF SPECIAL.TA7C Every five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of fiscal Impact Analysis, otherwise the Special Tax shall he levied in perpetuity. SeP4P,?;15rr 7,2005 ---- 7 City of p 5PI5prrngr Cmm�nmit0�Fr rrG""Iicr Dwflid]Vo 2005�1 (Pul,&Sof y Saunter) PETITION Regarding Proceedings for At mexation of Terri gWZ'to ' Community Facilities District No.2005-1 C L (Public Safety Services) and Related Matters To the Honorable City Council, CITY OF PALM SPRINGS 3200 EAST TAHQUITZ CANYON WAX PALM SPRINGS,CAMFORNIA 92262 Nff bets of the Council: This is a petition to insumte proceedings to annex territory, including the property identified and described in Exhibit"A",to Community Facilities District No.2005-1 (public Safety Services) (the"District') within the City of Palm Springs and related matters pursuant ro the Mdllo-Roos Community Facilities Act of 1982, commencing with Section 53311 of the Califatnia Gavemmeir Code of the State of California. (the "Ace ,and it%rates as follows: 1. Pedtionet. This Petition is submitted by the person (the "petitioner") (whether cue or more) identified below as or for the record owner(s) of the parcels of Lind identified below(the"Propexq'j. The undersigned warrants to the City of Palm Springs that The Pctitiooer is such owner, or is a legally authorized representative of such owner(s),and that such ownership constitutes ownership of more than 10% of the property to be annexed, described in Exhibit"A" attached hereto and more particularly described in section 3 herein, 2. Ptoccedinp Rerluestcd. This Petition asks that the City Council undertake psoceedinga under the Act to annex territory to the District and to levy special taxes therein for the purpose of financing all or part of the public services (the "Services' shown in Exhibit 'W' attached bereto and made a part hereof 3. BonndaAes. This Petition asks that the territory, to be included in rhe boundaries of the annexation,consist of that shown on a map of the proposed boundaries of Artneiauon No. 4 filed with the City Clerk of the City of Palm Springs and which map is attached hereto as Exhibit"A'and bereby made a part this Petition and which map includes the Property. 4. Special Taxes. The Petitioner agtces that it has runriewed and approves the Rate and Method of Apportionment of Special Taxes attached hereto as Exhibit "C" and mule a part hereof,which Rate and Method has previously been adopted by the City Council of the Gry of Palm Springs to be used by the City for the levy of Special Taxes in the District and any future annexations ro the District to pay for the Services. 6. Election.The Petitioner asks that the special election to be held under the Act,to authorize the special taus and to establish any appropriations limits for Anoezation No.4,be conducted by,the City of Palter Springs and its officials,using a mailed or hand-delivered ballot and that such ballot be canvassed and the results certified at the saute meeting of the City Council as the public hearing for Annexation No.4 to the District under the Act or as soon therciftcr as possible. 7. Waive". To expedite the completion of the proceedings for Annexation No. 4 to the Distim the Petitioner waives all notices of hearing and Jl published notices regarding the annexation of territory of,Annexation No. 4 to the Dishier,notices of election,applicable waiting periods under the Act for the holding of any public hearing and for election and all ballot arguments and analysis for the election, it being acknowledged by the Petitioner that all such notices are for the benefit of the Petitioner and may be waived. The Petitioner agrees to tixo&4 complete and xetum a consent and waiver to bit provided to Petitioner by the City in order to etcpedtte such proceedings. S. Authority Warranted. The Petitioner warrants to the City than the presentation of this Petition, any waivers contained herein, casting of ballots at the property owner election and other actions mandated by the City of Palm Springs to annex Annexation No. 4 to the District shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents eucexed into or to be entered into by the Petitioner for the Property, including xny clauses under any eadsting security instruments secured by the Property. If requested by the City, the Petitioner agrees, at its expense, to supply to the City,current title evidence so that the City may supply any notice sad ballot requited under the Act to annex Annexation No.4 to the Disb ict_ 9. Due-Diligence and Disclosures. The Petitionet agrees to cooperate with the City, its attorneys and consultmts,and provide all information and disclosures required by the City about the Special 'Cares to purchasers of the Property or any part of it 10. Agreements. The Petitioner farther agrees to execute such additional or suppirmental agreements as may be required by the City to provide for any of the actions and conditions under this Petition,including any amount of cash deposit required to pay fox the City s costs to annex Annexation No.4 to the XXsuict By executing this Petition,the Petitioner agreca to aU of the above. The Property is Riverside County The Petitioner(record owpet)is: .Assessor Parcel Itil ID- Howard Mabel " dds Portion of APfT Sf0-090M and the Property contains a total of By,i 0,33 acres. The address of the above fox receiving coy notice and ballot iat Howard W.Harris&Mabel M.Hat s c/o S�W.Hama&Mabel M.Hands Portland,O A9=1 MAP OF PROPOSED BOUNDAR[ES OF SHEEP I OF COMMUNITY FACILITIES DISTRICT N0.2005.1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.4 C OF PALM SPRINGS COUN]YOFRIYERSIOE FnmmTNEwTMEc£1xE cm'clEmans_oAr of STATE OF CAUFOF 4fA mn. 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PARCEL N'S 1 6104P]Oi9 9 610ttVOSt 8 61W9W1 LEGEND N A4NEXATION SOUNDAW ws MLT]IFT1I15I1CIA1 ASSESSMEM'NOM9ER PUBLIC SAFETY SERVICES New police services, fire protection and suppression services, and life s'afery services (the "Services") of the City of Palm Springs required to sustain the service delivciy- capability for emergency and non-emergency services to new gio xtb areas of die City of Palm Spring,, including but not limited to, equipment, velucles, ambulances and paramedics, fire apparatus, supplies and personnel; provided, however, that any increases in special lases for costs related to employee wages and benefits shall be limited as provided in the Rare and Method of Apportionment of the Special Taxee to fund such Services. CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District") shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount deterrnined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not showm on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of The State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety s'erviccs including but not limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collccr the Special 'faxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants,legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls,preparation of required reports;and any other costs required to adnvnister the District as determined by the City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for the area of Los Angeles-Riverside-Orangc County, CA as reflected in the then-CUrrent April update. The annual CPI used shall be as determined by the United STates Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dinca.gov/dlsr). If the foregoing index is not available, the CFD Administrator shall select a reasonably comparable index. Sehluxber 7,2005 - — 1 CIO,0j Pcdm Sprrnge' Conmiunih,Faablier JNrlid N0.2005-1 (Public Safely Services) "Assessor's Parcel" means a lot ar parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "Base Year" means Fiscal Year ending June 30,2007. "City" means the City of Palen Springs. "Council" means the City Council of the City of Palm Springs, acting as the legislative body of the District. "County" means the County of Riverside, California- "Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after Jamiary 1, 2006 and prior to May 1st prcceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit- "District Administrator" means an official of the City-, or designee thereof,responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "District" means Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs- "Entitled Property" means an Assessors Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1 st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1"preceding the Fiscal Year in which the Special 'f ax is being levied. The term "Entitled Property" shall apply only to Assessors' Parcels and/or Lou, which have been subdivided for the purpose of residential development, excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Ad+ntinistrator. "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder. September T,200; 2 City of Polm Sp,wo, CoormrnDr FncilitierU1,rdnt No.2005-1 (Pal,it Snfeq,Sea hws) "Fiscal Year" means the period starting July 1 and ending on the Following June 30. "Land Use Class" means any of the classes listed in Table 1. "Lot" ineans property within a recorded final Map identified by a lot number for which a building permit has been issued or may be issued- "Maximum Special Tax" means the maximutm Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building pennit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Fatnily Residence or Developed Multi-Fanuly Residence. "Property Owner Association Property" means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrumcnr recorded with the County Recorder to a property owner association, including any master or sub- association. "Proportionately" means in a manner such that the ratio of the actual Special 1'ax levy to the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services, including but not limited to (i) the costs of contracting sciv ccs, (ii) equipment, vehicles, ambulances and paramedics, Eire apparatus, supplies, (iu) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following The Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire and He safety services. "Special Tax" means the Special Tax to be levied in each fiscal Year on each Assessors Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special 'faxes levied or to be levied under Sections C and D, below. "Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs; (h) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve Funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Sepleisber 7,2005 5 GO,of Palm Spaiirgr Com vaiu�,Fatalities Dnlnr!Na-70054 (Prablie Sgfil0, SPAlxrnf) Special Taxes levied in dic previous Fiscal Year, less any surplus of funds available from the previous Fiscal Year's Special Tax levy "State" means- the State of California. "'Taxable Property" means all of the Assessor's Parcels within the boundaries of the District and any Future annexation to the District Char are not exempt from the Special '.lax pursuant to law or as defined herein. ""Tax-Exempt Property" means nn Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: (i) Public Property, (u) Property Owner Association Propert}', (iii) Non-Residential Property, and (iv) property destgnarcd by die City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year,all Assessor's Pgrce15 of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor's Parcel that is designated as a rcmaindcr parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entided Property, or Undeveloped Property. Developed Property shall be further classified as Developed Singlc-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below- C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Unit I Developed Single-Family $350 per Unit Residence Developed Multi-Family -�295 per Unit Residence September 7,2005 4 CID'of Paliv Sprsrrgr Co7winadD,Facilities 040*1 Na-2005-1 (Yublir Sa/rill S=..) On each July I following the Base Year (i.e.,July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special Tax Per Unit is equal to $500 per Unn, no further Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit shall not exceed$500, 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Lot 3 Entitled Property $100 per Lot No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Lot for Entitled Property. 3. Undeveloped Property Undeveloped Property will be assigned a Maxmum Special Tax Rate of 5500 per acre or portion thereof,with a mininuim rate of$100 for Undeveloped Property less than or equal to one-forth (1/4) of an Acre as described in Table 3. TABLE3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per :�1/4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre >1/4 Acre ScrlrmGrr 7,7005 5 Cily of Palls Sprrz{gi Comnnmz!y PaczZ"tier I)wr as No.2005.1 (Public Sq(vy SPINCef) No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Parcel/Acre for Undeveloped Property. 4. Tax-Exempt Property No Special Tax shall be levied on Tax-Exempt Property. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that can be unposed on all Land Use Classes located on that Assessor's Parcel. D. MET'FIOD OF APPORTIONMFNT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until The amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single- Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second, ]f the Special Tax Requirement has not been satisfied by the first step, Then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property- Lastly,if the first two steps have not satisfied the Special Tax Requ rement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property, E. APPEALS Any taxpayer that believes that die amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer If the District Admnustmtor verifies that the tax should be changed the Special Tax levy shall be corrected and,if applicable in any case,a refund shall be granted. F. EXEMPTI_ NS 1. Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax: SepenGer 7,?005 G C*ojpn/ni Spirrrgr Conim iz ly Faci&ici Dirnnt No 2005-1 (Publir Safet,$emcer) a. A Restdental Property consisting of one or two person(s) earning 515,300 or less gross income per year, upon complying with procedures to establish such exemption, or b. A Residential Property consisting of Three persons earning $17,900 or less gross income per year, upon complying with procedures To establish such exemption, or C. A Residential Property which qualifies for either the Low Income Ratc Assistance (LIRA) exemption for electrical or gas services or the Lifeline exemption for telephone services. The City is authorized and directed to promulgate administrative rules and procedures for verification of eligibility for the exemptions referred to in section F. G. MANNER OF COLI_F_CTIQN Special Tax as levied pursuant to Secrion D above shall be collected in the same manner and at the same time as ordinary ad valorem property Taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different Time or in a different manner if necessary To meet The financial obligations of the District or as otherwise determined appropriate by The Disrrict Administrator. H. TERM OF SPECIAL TAX Every five years after the establishment of the Districr, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity. StplcmGer 7,2005 i Ccty of Palm Spfingr (irmnnml!),Faa4lier Uirhict No.2005-1 (P7,15d7 Safeh,Services) PETITION Regarding Proceedings for Annexation of Territory to Community Facilities District No. 2005-1 (Public Safety Services) and Related Matters To the Honorable Ciry Council, CITY Or PALM SPRINGS 3200 EAST TAl-IQUI1 Z CANYON WAY PAL\l SPRINGS, CALIFORNIA 92G2 \Members of the Council: This is a petition ro institute proceeding, to annex reniiory-, including the property identified and described in Exhibit "A",ro Community Facilities District No.2005-1 (Public Safety Services) (the"Dismcr") within the City of Palm Springs and related matters pursuant to the Mello-Roos Community Facilities ;\cr of 1982, commencing with Section 53311 of the California Government Code of the State of California (the "Au"),and it stales as follows: 1. Petitioner. This Petition is submitted by the person (the "Peritoner") (whether one or more) identified below as or for the record owner(s) of Elie parcels- of land identified below (the "Property'�, The undersigried warrants to die City of Palm Springs that the Petitioner is such owner, or is a legally authorized representative of such owner(s),and that such ownership consurures ownership of more than 100/0 of the property ro be annexed, described in Exhibit "A" anachcd licrero and more particularly described in Section 3 herein. 2. Proceedings Requested. This Peririon asks iliac Elie Ciry Council underrake proceedings under the Act to annex territory to the District and to levy special ia:-es therein for the purpose of financing all or part of nce public services (The "Services") shown in Exhlbtt 'B" artached hercro and made a part hereof. 3. Boundaries. This Petition asks that the temtnry, ro be included in the boundaries of the annexation, consist of that shown on a map of the proposed boundaries of,\nnexation No. 1 filed with the City Clerk of the City of Palm Springs and which map is anachcd hereto as Exhibit "A" and hereby made a parr this Petition and which map includes nce Property. 4. Special Taxes. The Petitioner agrees ilnat it has reviewed and approves tic Rare and Method of Apportionment of Special Waxes attached hereto as Exhibit "C" and made a part hereof, which Rate and \felhod has previously been adopted by the City Council of the City of Palm Springs ro be used by Elie City for die levy of Special Taxes in die District and any future annexations to nce District to pay for the Services. G. Election. 'The Petitioner asks That the special election to be held under the Act, to antlnonze the special races and to establish any appropriations luiirs for Annexation No. 4,be conducted by the City-of Palm Springs and its officials, using a mailed or hand-delivered ballor and that such ballot be canvassed and the results certified at Tine same meeting of the City Council as nce pubic hearing for Annexation No. 4 to die District under the.\et or as soon thereafter as possible. 7. Waivers. To expedire the completion of the proceedings for Annexation No. 4 to the District, the Petitioner waives- all notices of hearing and all published notices rcgardrng die annexation of MAY-16-2007 08:17 From:$MOKE TREE RlINCH 7903279490 To:7603228332 P.2/2 tcrrttniy of Anne.xalion No. 4 to the District,noriccs of election., applicable waiting periods under the Act for the holding of any public hearing and for election and all ballot and analysis for the election, rr hciwg aduiowledged by the Petitioner that all such notices are for the beneflr of tlxe petitioner and may be waived. The. Petitioner agrees Eo tunely complete and return a consent and warvtr to be ptovrded to Pvfitionet by the City in order to expedite such prooecduigs. S. Aurliiority Warranted. The Pcritioner warrant'$ to the City that the piesentatioll of this Pcrition, any waivers• conralard herein, casting of balloth at the pxoperty owner election and other actions ttulrulatcd by the City of Palm Springs to annex Annexation No- 4 to the IJlstsict shall not constitute or be construed is events of default or delinquencies Wader ally existing or proposed financing documents entered into or to be entered inro by the Petitioner for the psopet'ty, including any "duc-on-encumbrance' clauses tinder any esisdig ticeuraty imuumcnts secured by the Property, if rcrluestcd by the City, the Petitioner agrees, at its expense, to supply to the city, ollrent title evidence so that the City may supply any notice and hallm reeluired tinder the Act rn annex Itnncsation No. 4 to the Disrricr 9. Due-Diligence and Dlscloaures. The Petidoner agrees to conpeiare with the City, its attorneys and consultants, and provide all utfnnmal+ort and disclosures required by the City about the Special Taxes to purchasers of the Property or any pact of it. 10. Agrecinenttr. The Petitioner furthcx agrees rn erenite such additional or supplcmcnral agrcrmcno as may be requited by the City to provide for any of die actions and conditions under this Petition,including any amount of cash deposit required to pay For die Ciry's costs to amicx Auil xadon No.4 ro the District. By executing dais Petition, Litt Pctitioaux al,,Eccs m all of the above. The lroperty is Riverside County The Petitioner (rernrd owner) is: Assessor Parcel No(s)- Smoke Tree,Ir 510-020-023, Portion ofAPN 510-090.001, Portion ofAPN510-020.032 1i y -- And the Property contains a total of 32.6 acres. �' jLury of / 66 The arldrrvv or Elie above for receiving any notice and ballot Is: Smoke Tree,Inc c/o Tracy Conrad 1850 Smoke'lree Lane Palm Springs,CA 92264 +J , t�- MAP OF PROPOSED BOUNDARIES OF SHEET I OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.4 CRY OF P"SPRINGS DOIJNrY OF RNERSIOE FLED L4 iNECF£Y.E D=31ECrtY(lEiSlH9_CAYDF 5TATEOFOALIFORNIA .KN I FT- TC'ACIf TriE Y( NN.IP EXCMI'N3TY`ttkED2 VFIES lF AW IXVTgYiq A iO ttY!V I11�FACfJf6 OSlA1CFlxR'N`51 �IJR1CM.VA EEx'A].-"n�.CSM1'E£lILiSFFf%C iYC COF MT-E E,61AiEOPGP iATA WRA PYTh£CT' .UW .f E gfV GP11V$PTI'Iy ATA RE]LVII II lip ilEFE0.,F£LD EPSI PGLV CpM'C�1 LflIVE .TIE_OAV OG SSp,6'(R9 FFPiWIICN IA Y CRYCiE15 � CRYOF PA!]I9PNY'u9 FLm h34_R4Y CF 'NSI,ATTIE IL.IRCF N OGM.K_FINT1El.'.ATFNAPSRAic65L4P.e ) j D]Il111Y:�FALR]f1E5 D'aTRA][S Ai IMFIb]�l4 iY.EOfFIS6 iNECCIMYFSSl6clL(CllllY OFA}�FFiI]E 9FAlEfF CJL10PAll L4'JTJSEMr1] iArwrwum.+Luas'rlcauetr DLExn,PecanEx mc O caDrr,6EwaoE6 cwmcf RrEes�E D PFf'cPFNc'Is4 EMT T AVmnm w]46.4TV NAPOF[tl1111R.1Y HpMES G9iPILl N].$f61 fFLLlDC"�FTY EE6VICF�1 Cf THE[Rr 0 C£PfLdS'AY6 a9 PSOrlYE]Wlfl[IE N.FF4R ERIYIY PfG.Y6]5 CifICE OY NIYRL 3.-a 1.SCG Lti iS1[%Cf NAP3 P-ASESSi,¢Af Afdl CCIA1LfiiIYH1Y111E3C19fPY'I$PADS"ltTl,fSpSiRNt=_yTJNA 2<EDiW lel. h£fll E3 AYDp521Y5 Y.Ml pF FIi:AI Mr.FARCE161NT'N OK. QQ D14YSt&HALL 6E ii1.'GE DIES AIO D1LlFIG5A9l13IAN CN]1C- CANTO UAL RY£RSgE LbI1 M1Tl ASS_z.,S^Id H4�81U9 i110EEiAJIG]L D3lEY. iNERiE651]ECWM1TlAS�E^u$C(C}llyEWL.ENYIEW.NL ME w D.TCER[M19 91E NE9 M9[616YiCNi[F 9LY]I IlliSGI PRPCC+i mm TPAL rmw sere � wu A_cssmxa ao sAxca no t sroczot¢a 2 6fDC3Y02 sI N LEGEND umExmaNeour:�<�'r M uniFYnancial lark 0 ASSESSMErff 1lllNSER PUBLIC SAFETY SERVICES Ncw police services, fire protecdon and suppression services, and life safety services (rhe "Services") of the City of Palm Springs required to sustain rhe service dchvery capability for emergency and non-emergency services to new growth areas of rhe Grp of Palm Springs, including but nor limited to, equipment, vehicles, ambulances and paramedics, fine appaniius, eupphes and personnel; provided, however, dint any increases in special rates for cosrs related to employee wagcs and benefits shall be ]muted as provided in the Rate and Merhod of Apportionment of the Special Tatcs to fund such Servicrq. CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District') shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Piscal Year 2006-07 in an amount detcrnvned by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means Elie land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final snap, other parcel map, ocher condominium plan, or functionally equivalent map or instrument recorded in Elie Office of Elie County Recorder. The square footage of an Assessor's Parcel is equal to die Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Tide 5 of the Government Code of the State of Califorma, as amended,which authorizes the establishment of the District to finance: a) police protection services, and b) Ere protection and suppression services, and life safety services including but not htnited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by Elie City as admmi5trator of the District to derermine, levy and collect the Special Taxes, including Elie proportionate amount of the salaries and benefits of City employees whose dudes are directly related io administration of the District and the fees of consultants,legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls,preparation of required reports; and any other costs regLdred to administer The District as determined by the City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change OF the All Urban Consumers Consumer Price Tixdex (CPI) or the percent inn ease of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. 'nie annual CPI used shall be for the area of Los Angeles-Riverside-Orange County-, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). Tf the foregoing index is not available, Elie CFD Administrator shall select a reasonably comparable index. Seplember7,2005 Cry o Ka& SSpinut Crjnvnrriuly Pactlifies Distrcci Na.2005-1 (Pl(bfie Srfery Seem es) "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of die County designating Parcels by assessoi s parcel number. "Base Wear" means Fiscal Year ending June 30,2007. "City" means the City of Palm Springs "Council" means the Cjuy Council of the City of Palm Springs, acting as the legislative body of the District. "County" means the County of Riverside, California. "Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property for which a building permit has been issued For purposes of constructing a residential structure consisting of two or more residential units that share common walls, including, but not limited to, duplexes, uaplexes, town homes, condominiums, and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2006 and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit "District Administrator" means an official of the City, or designee thereof,responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "District" means Cotninumty Facilities District No. 2005-1 (Public Safety Services) of die City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in die District, which has a Final Map recorded prior to January I st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1"preceding the ,Fiscal Year in which the Special Tax is being levied. The term "Entitled Property" shall apply only to Assessors' Parcels and/or Lots, which have been subdivided for tic purpose of residential development, excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of die County Recorder. Sepieiber 7,2005 2 Cr0,o/Pnl",SpdnSs CoAMornily Fneili w Dwria No.2005 9 (Pxbbe S%h,,Sr,vIrer) "Fiscal Year" means the period srirting July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1. "Lot" means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be Issued. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building permil(s) has been issued for a non-residential use and does nor contain any residential units as defined under Developed Single Family Residence or Developed Muld-Family Residence. "Property Owner.Association Property" means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub- association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the District that is, at the time of the District formation or at the Time of an annexation, expected ro be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, die State, the County, the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services,including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respecrively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following dic Base Year die increases attributed to salaries and benefits shall be calculated and hmited to the increase based on the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire and life safety services. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund die Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. "Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs; (ii) pay reasonable Adixunistrative Expenses; (iii) pay- any amounts required to estabhsh or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on die delinquency rate for Seplexber 7,2005 J - -- Cih,of almSpnngr Coaaivaily Faa&ier Diih allo.2005-1 (Pu/ilic Solely.Sctvirrl) Special "faxes levied in the previous Fiscal Year; less any surplus of funds availahle from the previous Fiscal Year's Special Tax levy. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessors Parcel not subject to the Special Tax. Tax- Exempt Property includes! (1) Public Property, (n) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Adnuiustrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor's Parcel that is desigmated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is nor considered to be for commercial or industrial use- B. ASSIGNMENT TO LAND USE CATP_GORIES Each l-iscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Unit 1 Developed Single-Fain ly 350 per Unit Residence 2 Developed Muld-Family $295 per Unit Residence September J,2005 4 00 ofpuG)>Spn&v Corenmiriq,Faa&ies Disb&t No.2005-1 (Public Suferjr Semen) On each July 1 following the Base Year (i.e.,July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special Tax Per Unit is equal to $500 per Unit, no further Annual Tscalation Factor shall be applied and the Maximum Special Tax Per Unit shall not exceed 5500. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Lot 3 Entitled Property- $100 per Lot No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Lot for Ennded Properry. 3. Undeveloped Property Undeveloped Property will be assigned a Maximum Special Tax Rate of $.500 per acre or portion thereof,with a nvnimum rate of$100 for Undeveloped Property less than or equal to one-forth (1/4) of an Acre as described m 'fable 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per S1/4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre >l/4 Acre SeptersGer 7,2003 5 Crg,of Paliu Spmi gr ComnnuxPy Pa y&ies Danner No.2005-1 (Pubbe Safegi Serwre) No Annual Escalation Factor shall be applied To the Maximum Special Tax Per Parcel/Acre for Undeveloped Property. 4. Tax-Exempt Property No Special Tax shall be levied on fix-Fxempr Property. S. Multiple Land Use Classes In some instances an Assessor's Pacrcel may contain more than one Land Use Class. The Maximum Special "fax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. D. METHOD OF APPORTIONMENT.' OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the Distiicr Adininisrraror shall calculare the Special Tax Requiremem based on the definitions in Section A and levy the Special Tax as follows Until the amount of the Special Tax levied equals the Special Tax Requirement. First, Elie Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single- Family Residence and Developed Multi-Fanuly Residence up to 100% of the applicable Maximum Special Tax. Second, if The Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of Elie applicable Maximum Special Tax for Entitled Property. Lastly, if the first two steps have nor satisfied the Special Tax Requirement, Then the Special 'fax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property. E. APFALs Any taxpayer than believes that the amount of the Special Tax assigned Eo an Assessor's Parcel is in error may file a written notice with the District Administrator appealing The levy of the Special Tax. This notice is required ro be filed with the District Administraror during The Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review The appeal and, if necessary, meet with the taxpayer. If the District Adnunistrator verifies that the Tax should be changed the Special Tax levy shall be corrected and,if applicable in any case, a refund shall be granted- F. EXEMI'T'IQNS L Residential Property Residential Properties which annually meet one or more of the following sEandards shall be exempt from paymenE of The Special Tax: Sef IemLrr7,2005 6 cisi of Pall Spiiiigr CummyUrtD,Fadlifies Diswa Aro 2005-1 (PaGGe Safel,Services) a. A Residential Property consisting of one or two person(s) earning$15,300 or less gross income per year, upon complying with procedures to establish such exemption,or b. A Residential Property consisting of three persons earning $17,900 or less gross income per year, upon complying wide procedures to establish such exernptton, or C. A Residential Property which duahfics for either the Low Income hate Assistance (T.TRA) exemption for electrical or gas services or the Lifeline exemption for rclepbooe services. The City is authorized and directed to promulgate adrrdnistrative rules and procedures for verification of cligibiliry for the exemptions referred to in section F. G. MANNER OE COLLECTION Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad w1orml property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet die financial obligations of die Dismct or as otherwise determined appropriate by the District Administrator. H. TERM OF STIF.CIAL TAX Every five years afrer the establishment of the Disrrict, the City Council may reexamine, if deemed necessary by Ciry Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Tmpaci Analysis, otherwise the Special Tax shall be levied in perpetuity- Sepfetvber 7,2003 7 Ct of Pak;Spriagr Canm»uyitS Farz&ies Dirl)iel No-2005-1 (Public Saferor Senn") PETITION Regarding Proceedings for Annexation of Territory to Community Facilities District No. 2005-1 (Public Safety Services) and Related Matters To the Honorable City Councd, CITY OF PALM SPRINGS 3200 EAST TAHQ)UIT Z CANYON V PALM SPRINGS, CALIFORNIA 92262 hfcmbers of the Council: This is a peduon to uisrimte proceedings to annex territory, including the property idenrifrcd and described in Exhibit"•1",to Community Facilities District No. 2005-1 (Public Safety Services) (the"District") within the City of Palm Springs and related matters pursuani to the Mcllo-Roos Community Pachhtics Act of 1982, commencing with Section 53311 of the California Government Code of the Stare of Cahfonhia (the "Act"),and it states as follows, 1. Petitioner. This Petition is submitted by the person (the "Pedtioncr") (whether one or more) identified below as or for Elhc record owner(s) of lhr parcels of land idenrfied below (the "Property"). The undersigned warrants to the (:try of Palm Springs char the Petitioner is such owner, or is a legally authoriicd representative of such uw-ncr(s),and that such ownership constitutes ownership of more than 10% of the property to be annexed, described in Exhibit "A" atiachrd hereto and more particularly described in Section 3 herein. 2. Proceedings Requested, Thus Pcuuon asks rhai the City Council undertake proceedings under die Act to annex territory to the District and to lev) special taxes therein for the purpose of financing all or part of the public services (Elie "Services") 0iown tin Exhibit "B" attached hereto and made a p•iri hereof. 3. Boundaries. 'fills Petition asks that the territory, to be included in the boundaries of the annexation, consist of that shown on a map of the: proposed boundaries of Annexation No. 4 filed with the City Clerk of the City of Palm Springs and which map is arraehed hereto as Exhibit "A" and hereby_ made a part this Petirion and which map includes the Property. 4. Special Taxes. The Petitioner agrees rhai u has reviewed and approves the Rate and Method of Apportionment of Special Taxes attached hereto as Exhibit "C" and made a part hereof, which Rate and Method has previously been adopted by the City Council of the City of Palm Springs to be used by the City for the levy of Special Taxes tin the Distract and anv future annexations to the District to pay for the Services. 6. Election. The Petitioner asks that the special election to be held under the Act, to authorize the special taxes and to establish any appropriations limits for Annexation No. 4,be conducted by the City of Palen Sprnhgs and its officials, using a mailed or hand-delivered bailor and That such bailor be canvassed and the results axttfied at the same meeting of the City Council as the public hearin7 for Annexation No. 4 to the District under die Act or as soon thereafter as possible. 7. Waivers. To expedite the completion of the proceedings for Annexation No. 4 to the Disnacr, the Petitioner waives all novices of hearing and all published notices regarding the annexation of MAY-16-2007 10:41a From:SMOKE TREE RRNCH 7603279490 To:7603228332 P.2/2 [etri[ory of Annexation No. 4 to the District, notices of election,applicable waiting pcuods under the Act for the holding of any public hearing and fox elecrion and all ballot axFumcnts and analysts for the election, it being aclrsaowledged by the Peutioner that all such nnnces arc, far The benefit of the Petitioner and may be waived. The Pctiuoncr agrees to timely complete and return a consent and wauvef to be provided to Petitioner by the City in ordet no expedite such procccduzgs. S. Authority Watranxed. The Petitioner warrants ro the City that the presentation of this Petition, any waivers contained hcxcin, casting of balluts at ilic properly owner election and other actions mandated by the City of Palm Springs to antics Annexation No. 4 to the District shall not constitute or be construed as events of default or delinquencies under any exisLulg or proposed financing documents entered into or Lo be altered into by the Petitioner for the Property, including any "due-on-encumhra.nca" clauses under any existing security instruments secured by the Property. If xcgi=tcd by the CiLy, Lhc Pcuuouer agrees, at its expense, to supply to the City, current title cvidaalcc so that the City may supply any notice and ballot required under the Act to annex Anneearion No. a to nce District 9. Due-Diligence and Disclosures. The Petitioner agrees to cooperate with the City, its attorneys and consultants, and provide all information and di>clos[ues required by the City about the Special Taxes to putchaseu of the Property or any part of it. 10. Agreements. The Petitioner Further agrees to execute such additional or supplemental agreemcnrs as may be required by the City to provide for any of the actions and conditions under this PZaLlull,including any amount of cash deposit requital to pay for the Ciry's costs to anacc Annexation No.4 to the District. By executing this Petition,the Petitioner agrees to all of the above. The Property is Riverside County The Fcritioner(r d owner) i Assessor Parcel No(s): RP'E Ines 8,LTD Portion ofAIN 510-020-032 and the Property contains a LOW of 13y: 5 t 1J 0.39 acres- The address of the above fox receiving any nnl ii:e and pallor is: RPE Investinenrs,LTV c/o Robert Eagle 5 Albatxosse Cr. 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Springs required to sustain the service delivery capability for emergency and non-emergency services to new growth areas of the City of Palm Springs, including but not limi.lul to, equipment, vehicles, ambulances and paramedics, fire appazgtu5, supplies and personnel; provided, however, that any increases in specie] raxes for costs related to cmpinyre wages and benefits sliall be hinted as provided in the Rate and Method of Apportionment of Elie Spccial'l'axcs to fund such Services. CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METIIOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District') shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount derermined by the City through the application of the rare and method of apportionmenr of the Special Tax set forth below. All of Elie real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings; "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area sbown on the applicable final subdivmsion map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means The Mello-Roos Community racilines Acr of 1982, being Chapter 2.5, fart 1, Division 2 of Title 5 of the Government Code of the State of California, as amended,which authorizes the establishment of the Disrricr to finance: a) police protection sen-ices, and b) fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by the City- as administrator of the District to determine, lcvy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related io administration of nce District and the fees of consultants,legal counsel, the costs of collecring installments of ncc Special Taxes upon the general tax rolls,preparation of required reports; and any other costs required to administer the District as determined by the City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer free Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. the annual CPI used shall be for the area of Los Angcles-Riverside-Orange Counry, CA as reflected in the then-current April update. The annual CPl used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained rhrough the California Division of Labor Statistics and Research (www.dit.ca.gov/disc). If the foregoing index is not available, ncc CFD Administrator shall select a reasonably comparable index. .SrplcmGcY 7,7005 1 City q Dnlm Spring Commrunt),Paaktrcr Divn tNo.2005-1 (D iblir Safety Sernires) "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "Base Year" means Hscal Year ending Jumc 30,2007, "City" means tic City of Palm Springs. "Council" means the City Council of the City of Palm Springs, acting as the legislative body of the District. "County" means the County of Riverside, California. "Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including, but not liinired to, duplexes, triplexes, town homes, condominiums, and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building perimt was issued after January 1, 2006 and prior to May 7 st preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building perniit(s) has been issued for purposes of constructing one single-family residential dwelling unit. "District Administrator" means an official of the Ciry, or designee thereof,responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "District" means CommuniLy Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st precedntg the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1 'preceding Elie Fiscal Year to which the Special Tax is being levied. The term "Entitled Property" shall apply only to Assessors' Parcels and/or Lots, which have been subdivided for the purpose of residential development., excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County-Recorder. September 7,2005 2 Oy of Paid;Springs Conotrrm o Faditw Dwr art No.2005-1 (Pr<bfir.Slfe1,y sermcu) "Fiscal Year" means the period starting )uly 1 and ending on the following June 30. "Land Use Class" means nny of the classes listed in Table 1. "Lot" means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all ,assessors' Parcels for which a building pernut(s) has been issued for a non-res'idendal use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Farnily Residence. "Property Owner Association Property" means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicarcd in an instrument recorded with the County Recorder to a property owner association, including any master or sub- association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. "Public Property" means any property within The boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for tights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services, including but nor limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (nit) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salanes and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire and life safety services. "Special 'Tax" means the Special Tax to be Imed to each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. "Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Scrvice Costs, (ii) pay reasonable Adnainisuanve Expenses; (iii) pay any arnounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special 'faxes based on die delinquency rate for Sepicmber 7,2005 3 co?/'Po4?r Spring, Comnuurry FenylWes Dwna No.2005-1 (PrrGhr SrjeD,Sermvs) Special Taxes levied in the previous Fiscal Y'car; less any surplus of funds available from the previous Fiscal Year's Special Tax levy. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the District and a+ny future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Rxempt Property includes: (i) Public Property, (u) Property Owner Association Property, (iii) Non-Residential Property, and (iv) propert}' designated by die City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor's Parcel that is designated as a remainder parcel and is not idendficd as potential Public Property by any final documents and/or maps available to the District Administrator. "Unit" means any separate residential dwelling unit in wl-iich a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Unit 1 Developed Single-family $350 per Unit Residence 2 Developed Multi-Family $295 per Unit Residence September 7,2 005 .! Cz4 of Pabn Spm`er Conmimury Facilities Disitya No.2005-1 (Public Srlerj,Sermei) On each July 1 following the Base Ycnr (te., July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special Tax Per Unit is equal to $500 per Unir, no further Annual Escalation Factor shall be applied and The Maxnnum Special Tax Per Unit shall not exceed$500. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Lot 3 Entitled Property $100 per Lot No Annual Escalation Factor shall be applied to die Maximum Special Tax Per Lot for Entitled Property. 3_ Undeveloped Property Undeveloped Property will be assigned a Maxnnum Special Tax Rate of $500 per acre or portion thereof, with a minimum rate of$100 for Undeveloped Property less than or equal to one-forth (1/4) of an Acre as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per :s�1/4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre 71/4 Acre Svenjlwr 7,2005 5 Cite of Paki Spirngr ConmaunrD,Faalilivs Di laa No.2005•> (Pub&Sofet,Sernreer) No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Parcel/Acre for Undeveloped Property, 4. Tax-Exempt Property No Special Tax shall be levied on'I'ax-Exempt Property. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class, The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tar levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. D. METHOD OF APP RTiONMENT OF THE SPECIAL TAX Coirnmencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions ill Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately hcrween Developed Single- Family Residence and Developed Multi-Fanuly Residence up to 100% of the applicable Maximum Special Tax- Second,if the Special Tax Requirement has not been satisfied by the frst step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of the applicable Maxnmum Special Tax for Entitled Property. Lastly, if the first two steps have nor satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property, E. APPEALS Any taxpayer that, believes that the amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Admministrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the District Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and,if applicable in any case, a refund shall be granted. F. EXEMPTIONS 1. Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the:Special Tax: SeplemGer 7,2005 6 Cilp of Pn/n,spunsr Cordnwu7jr Padlitiu Dijlrid No.2005-1 (Ptrbla Snfe ' Seivior) a. A Residential Property consisting of one or two person(s) earning $15,300 or less gross income per year, upon complying with procedures to establish such exemption,or b. A Residential Property consisting of three persons earning $17,900 or less �,,ross income per year, upon complying with procedures to establish such exemption, or c_ A Residential Property winch qualifies Cot either the Low Income Rate Assistance O J KA) exemption for electrical or gas services or the Lifeline exemption for telephone services. The City is authorized and directed to promulgate administrative rules and procedures for verification of eltgibihty for the exemptions referred ro in section P. G. MANNER OF COLLECTION Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same Time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator. H. TERM OP SPECIAL TAX Every Eve years after the establishment of the District, The City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Trapact Analysis, otherwise the Special Tax shall be levied In perpetuity. September 7,2005 7 City of Pahl Spans, Conmmnfry Faa1z1zer Dirinid No 20054 (P711'&Sgfq Serwrerf May 17 07 07.58a 503-227-2822 p.2 MAY-19-2207 07:34 From:SMOKE TREE RANCH 7603279190 To:503 227 2822 F-3'12 d 0V75wy DDgy I1+0= fir Rn nLaj�#'+oxx.&X ( =*J ^+ °oo O+ah +Ov74wy Eo Y o(�x San 081�+r� o uo � .7TxG�- o:lr3,r08ox (Tx PETITION Regarding Proceedings for Artnexation of Tctritory to -_ Comintmity Facilitica District No. 2XI5-1 (Public Safety Services) and Related Matters = -� '1'n nc�i',anumble C.tt) Council, Cr37Y❑F 1+nl..%T$P.It1NGS r' 321;0 E-kST TA ]QUTTZ CAN),c.) 7 vvAY PALM`•P IUNGS,CAI.)FORNLI 92262 77, Wlgmlleca of rise Council. G^ This 6 a petition to insnn-a lsrncccdmgs w nnnox territory, including ilea property iridnetiA and el,-}-ter described in l;xhibit"A",to Conurwtuty Facilines District No-2005-1 (Public S_r'ety Services) (the."DL,trict') �J within dac C;iry of F:Jm Springs and related nwtcxa purauanr to du WIlo-Duos Community t-:td hies Act of ('14 ,r 1982, commcricing with SLcdon 53311 of the California ia Government Code of-he State of Cabfornta (the "Act")r atld it SnttCS as htllow>: 1.1 Petitioner Tbis Pcauon is subrxrirred I7y tl:c person (the "1'critimncr") (whether one or mere) idewil-ird below as of for the record owner(s) of lie parceig of land �dettdrr 41,JQw (the "Pxoperty'� The undctzirncd warrants to the City of Palm Springs that the Petitioner is such owner, Oz ;s a lagally arlrhod2rd Mj)te c LWive of such owrter(s),And that ouch ownership consawits ownership of tnmr rhan 1 fl°/c of the property to be annexed, described in fxhibrr "A" attached hcrero and mrne parlirclarlp descrthed in Section 3 lit-min 2, Ptuccedings Reyneeted This Pection asks drat the City Council undertake proceedings tinder die Act to%w:ca territory to the District and to IL^ y zpecial Taxes thetem for the purpose of tnancing all or pact of ncc pulAt: services (the ":lcrvirc:'7 altowa ui F'SlnbAir •'B" irrached hereto and nnxtic a p rr hereof. 31 Pouudadea Tlgy Pcbuon asks that the rerritory, to UC hlcluded in ncC 1301tndarics of dtc annra:arioll, cotnaist of tact Shown on a map of die proposed boundaries nF Anncaation No. 4 filed with the Cit) Clark of the City of P4ai Sprityars and which man rs attached hcrero as n'XIlibit "A" and hereby made a pan rhis Petition and wiueh map inchrdes the Pruperry 4. Special TAxcs, The. Petitioner agceos that it has revicwcd nod upprovL2 the Bare and Mcthud of Apporttonmcm of 5pv,ial Taxes atrached hereto as F.altib:t "C" and made a psux hereof, which ltare and Method has Precnously been adopted try The City Council of rile City of Palm Spmigs re be used by the City for The levy of Special Taxes in ncc I)tsrrirt and any future nangWtinns to the nistrlCr to pry fur The Services. 6. Election.The)'ccsioner asks Char rile specivl eiccmon to be held order nce Act_to nnthorz e the npccaal Taxes and to csrahliah any ,,ppropriadons limits Ear Annexation No. 4, be wnductcd by the City of Palm .lprngs %Ad its ofFcxls, using a mailed nr hnnd•cicliverctl ballot and Char such hnLoz be ciuzws scd and the ecxuks mx6ficd AT ncc s�ne,tlemmp,41 thL City Council is the public hrmng fur AnneNation No A to t`:e District under tlru Act or a. <oon lbcxcafwx as possihlr. 7. Waivers. '1'n expedite the completion of the prneeetlings for Amiewauun No. 4 To the oiatrict, the Petition" waives all audees of hcaring and all publisbcd nuticm regarding der Rnnexariou of May 17 07 07'58a 503-227-2822 P.3 mA1'-14-2007 07:34 From:5M17KE TREE RANCH 7603279492 Tots03 227 2822 (+X tcritnry of Annexation No 4 ro thr U7 n i4{+ jwdcc9 of election,applicable wdring perinds i tndcx the Act for Elie. holding of any public heinvg and for cluctinn and all ballot axRuxncnts lad mnlysia fur the election, it titianet that all suck[ �nticc^- uc for Utc benefit of the L'curioncr and may bN being xcknowlodged by the 1'e waived. Tbr: Pemdonrr UK=Ue to timely cornplere mid reLun7 a cvnf&.nr and waix2r to be ptnvfded to Prtirinmer by the City in order to cxprdttc such pmcecxlinhs E. Aut6urity Warranted T}tc Pozktinner warrant,. Lv the Qty that the pn:scntanon of this PtliLoxi, any waivers eanuined herein, ra4•ting of IYgilutt at the property owner c1ration and other notions mandatcd by Lirc City of Palm Springy Iu annex Aanexarinn No. 4 to the District Fha.11-rot Canshlute Of be rumrxucd as events of default or delingnc)czes under an), cdt tang nr proposed dnancirg documents entorcd inrn Or to be enuscd nun by the PeruiOnex for the 't'tapctty, htcludi"G any "due en-anoutabratree" clauses waltz any existing secvruy insrrumenta secured by the Prope t7 If requested by the City, nci: Petitioner agrees, grits Cspcnse, to supply Lv Lhc City, curicnc rifle rvidencc so that the(city may supply any nonce and b.Uor required under the Act to No.4 ro the Dmrict. 9. Duc-Di1ig*ence and 17ivcluuutcs. The Petitinner ,LKxeca to coonccatc with the City, us attorney$ mid consulranCs, nrd prpvide all inform uiun and dicclosurcs mgmxvl by the CILy abour the Special 'PAxes tupurchases;of the Propctty or any part of is 14. Agreements. The Pcthioacr Earlier agrees to raccute such additional or supplerncmal agreements aV +nxy he requited by tic Cicy to provide for any 4 ilsc actions atrrl cvndninne, undcc this Prtinor7,including any amount of cash deposit required to pay fur Lhc Ciry'x mare to annex Anxi anon No.4 to the 17(srrict. By execvdul;this Pennon, the Petiuunex agrees to all.of die kl)ovc. The Pzopcxty is Rivexadc Lou"Ly The Peorivncr(rccvxd awacr) 15: Assessor Parcel No(s): Edward'A'-'Wlt:1rr Etc Katrtna Whceler Portion ofAPN 510-020-032 gad the Property conau"S a total Of Jiy• Y.•' .1 11.35 vcres. 'J'he nddress n:the al>ovc far teeefvinE any notice and 69ac os, Edward T.Wherlcr k Katrina Wheeler +:Jv Edward T'.Wher-Ice&Ctutrina Wheclm 2029 5W jackwn 5rrc.r Portland,OR 47291 MAP OF PROPOSED BOUNDARIES OF sN E +u+ COMMUNITY FACILITIES DISTRICT NO.2005.1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.4 CRY SPPoNGS nleonTHE o:FwcF Ili Errr caFxrcan9_ar of COUNTY T WR ERSI[E STATE OF OALIFOfN[A�Y. IFII CEARYiYATTFcr N N�&ItlNN'J PRSCECOEC1.i M CFPIILVAIRtY N].4T0 D]YN14RY Fx WO5 osiA4R1Nl. �3C R4Ff!SErNCE$I.0 OF P. £F1'J':GS 0.YNlYOF FAII'X VAP CF VLFCFN.\WAS A'TgY"A YYiI£CIfY L91R!}L OF IHEWlOF.SPH.9 AT ARS]6LVi NEE9N]91ERO=,H3O FAR P. G WON OPNE CNIXc WYG 2+-1�61 R6 P._£CCM CN N] CIfY CLaff 3 CIfY pF P!'lY 6PPI4�9 1 rl1EOi1119_O1Y CF 99i),Ri lf1E 11]URCF OYLq.Y.J.0 IN TIc&.QS_CF WPfi OF/.Y�E6LXA4b C'JNSIII4IP'(FILNEIEi Eb'1RG99 ATlNSg5+�INlIIE %E Cf :] Th6CttC1fY1=LCW]L O.Y,MY OF fJY.]f.JYE 9SATc OFCISL�L41L EE Q INsrauNar.Ra SAiRY WA9Y.A9SEa�CAQA"INFY 05i(RE0."PD� Q GYCPl1Y 0.'lMY1QllFlYJI SIWfY OF M'c-1.SCE G� RiERE4CE18 RVtib T.MT AlEALeZ&A".KlLT'MAP V'CCNIILMIY Z OFL 1JTc5OUTRYR NQ I2E1 rRIpr E1FETl6E9Yi2" f TiIE CSiY O OF NE P rlL4C6PEOC4LO)11fIlI iMNOFU1 FS MEIICCR MD S OFY."c pl MlV-d.EEli USMO E PME.OF NL�uO�i.L^a5E$-1lFNF.U.9 N 4WSR 1 FACCIf—ISOSR[LT6.PME!]FTl..l911STelY'l3R N0. 8]EIW 15A 111E LlE9 NO CNlE OM9 CeE LOT OR PA1N:F T6 OHT19 Q Ffk i�M&WSE'cI EU4E9A Y�J56FYlMiCNIXc CU1E.1]TRAIL RYEr1^LE CIXI4IYAS:E69X3 AVFB FCII TaF.TE PMU3.91191E4 iME RyFA9EE LQI4IY.LREMOFSAVF9 81 Vl1 IXYIERNA9.yL o-TAlS CCIiCET.WML1 TE U hE9 M IXlElLJEN3C K£ WM LCi PMTEI$ u¢s TIWL Tr YNx:ilFTd ASNr A99es9 N'S PME£LRO.NG. f SIpQ]II!PS S SIOOM lf2 a sloowm+ LEGEND JJAAAN�� PNNENARQY 6IXMMgV ® MuniFinanciai �I�y�yy� 0 AS.SE^a�MENT HVY.3ER PUBLIC SAFETY SERVICES New police services, fire protecuon and suppression services, and life safety services (the "Scimces") of the City of palm Springs rcq=cd to sustain the service delivery capability for emergency and non-emergency senrices- to new growth areas of the City of Palm Sprmgs, including but not limited ro, equipment, vehicles, ambulances and paramedics, fire apparatus, supplies and personnel, provided, however, that an} increases- m special taxes for costs related to employee wages- and benefits shall be ]united as ptovicicd in the Rate and Method of,\pporuonmcnt of the Special Taxes to fund such Servire�. CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METIIOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palin Springs (the "District") shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the pro-visionshereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2 5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended, wl-uch author-ires the estabhshmcnt of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety services including but nor limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by Sic City as administrator of the District to determne, levy- and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose dudes arc directly related to administration of the District and the fees of consultants,legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls,preparation of required reports; and any other costs required ro adinuiister die District as determined by the City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special l'ax. The annual CPl used shall be for the area of Los Angeles-Riverside-Orange County, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may he obtained through the California Division of Labor Starsres and Research (wrww.dir.ca.gov/dlsr). If the foregoing index is not available, the CFD Administrator shall select a reasonably comparable index. SLP16"J/;F1"2005 - 7 -- Cuff njPnGnSpringr Comm..... Ynci(nrcr Dntntt Nn.2003.1 (Nblil Sn/Op 1ruicvr� "Assessor's Parcel" means a for or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number "Assessor's Parcel Map" means an official map of the Assessor of the County designating Parcels by assessor's parcel number. "Base Year" means Fiscal Ycar ending Junc 30, 2007. "City" means the City of Palm Springs. "Council" means the City Cnunetl of the City of Palni Springs, acting as the legislative body of the District. "County" means the County-of Riverside, California. "Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property for which a building permit has becn issued for purposes of constructing a residenrial structure consisting of two or more residential units that share common walls, including, but not limited to, duplcxcs, triplexes, town homes, condominiums, and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Associanon Property, Non-Residential Property, blic, or PuProperty, for which a building permit was issued after January 1, 2006 and prior to May ls't preceding the Fiscal Year in which the Special Tax is being lc ied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building permit(s) has becn issued for purposes of constructing one single-fan ly residential dwelling unit. "District Administrator" means an official of the City, or designee thereof,responsible for determining die Special Tat Requirement and providing for the levy and collection of the Special Taxes. "District" means Community Facilities District No. 2005.1 (Public Safety Services) of the City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior To the May 1"preceding the Fiscal Year in which die Special Tax is being levied. The term "Entitled Property" shall apply only to Assessors' Parcels and/or Tots, which have been subdivided for the purpose of residential developmcnn, escludiiig any Assessor's Parcel that is designated as a remainder parcel determined by final docurncrrrs and/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of The County Recorder. September 7,2005 7 00 ofR&b S)idit,� Coeminmlg,Fda,b7ze.r T)ur dd No.2005-1 (Pieblir Srfete Senuvj) "Fiscal Year" means The period srarTing July 1 and ending on the following Junc 30. "Land Use Class" means any of the classes listed to Table 1. "Lot" means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued. "Maximum Special 'Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building permtt(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Muld-family Residence. "Property Owner Association Property" means any property-within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with The County Recorder to a property owner association, including any master or sub- association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the District that is, m the time of the District formation or at the nine of an annexation, expected To be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City-or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services, including but nor limited to (i) the costs of contracting services, (ti) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (fu) the salaries and benefits of City staff that directly provide police services and fire protection and suppression sctviccs and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire and life safety services. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. "Special Tax Requirement" means Thar amount required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs; (U) pay reasonable Administrative Expenses; (1ii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special 'faxes based on the delinquency rate for Sep1en1110 7,2005 5 00 oJ'Polm SJ»iirgr Carsmnrridy Faaklies Disi na Na.2005-1 (Public Safej,Senves) Special Taxes leviedui the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year's Special Tax levy. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special 'fax. Tax- Exempt Property includes! (i) Public Property, (ii) Property Owner Association Property, (nr) Non-Residential Property, and (tv) property designated by the City or District Adminisn•aror as Tax-Exempt Property "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor's Parcel that is dcsignared as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facthry capable of conveyance separate from adjacent residential dwelling units and is not considered to be for cotnmerciil or industrial use. B. A5SiC+NMF1N7'370 LAND USE CATEGORIES Each Fiscal Year using the defuriuons above, all Taxable Property within the District shall be classified as Developed Property, Fntirled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuanL to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE I. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Unit 1 Developed Seigle-Fatnily 5350 per Unit Residence Developed Mu1Lf-Famil y °i295 per Unit Residence Scpf mber 7,2005 d CIO of Palm Spv9ggi Ca=irmrily FaciRier DwNct No.2005-1 (PnGlic Safety Semrces) On each July 1 following the Base Year (i.e.,July 1, 2007), The Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalanon Factor. Once the Maximum Special Tax Per Unit is equal to $500 per Unit, no further Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit shall not exceed$500. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Lot 3 Entirlcd Property 5100 per Lot No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Lot for Entitled Property. 3. Undeveloped Property Undeveloped Property will be assigned a Maximum Special Tax Rate of $500 per acre or portion thereof,with a minimum rate of$i100 for Undeveloped Property less than or equal to one-forth (1/4) of an Acre as described in Table 3, TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per 51/4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre >1/4 Acre Sepwwber7,2005 5 Crh'ofPahb Spw'.g' Cnnm7lao,Farilfues Uldl17r/No,2005-1 (PnGlir Safely.Semiei) No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Parcel/Acre for Undeveloped Property. 4. Tax-Exempt Property No Special Tax shall be levied on Tax-Excmpt Property. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. D. METHOD OF APPQUIONMENT OF THE SPECIAL TAX Commencing wirh Fiscal Year 2006-07, and For each subsequent Fiscal Year, [he District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special 'fax as follows until the amount of the Special Tax levied equals the Special Tax Requirement- First, the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single- Fa.mily Residence and Developed Multi-Famhily Residence up to 100% of die applicable Maximum Special Tax. Second,if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of The applicable Maximum Special Tax for Entitled Property. Lastly, if the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Piscal Year on each Assessor's Parcel of Undeveloped Propert}r up to 100% of the applicable Maximum Special Tax for Undeveloped Property. E. APPEALS Any Taxpayer that believes that the amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This nonce is required to be ailed with the District Administrator during tie Fiscal Year the error is believed to have occurred. The Districz Administrator or designee will then Promptly review the appeal and, if necessary, meet with die taxpayer. If the District Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and,if applicable in any case,a refund shall be granted- F. EXEMPTIONS 1. Residential Property Residential Properties which annually meet one or more of the follovdng standards shall be exempt from payment of the Special'I'ax: S'epleivber7,2005 6 - 00,ofPah,Spnligr Comwarilj,Fadliliei DF ad No.2005-1 (Fablic Sgft,Sermcer) a. A Residential Property consisting of one or two person(%) earning$15,300 or less gross income per year, upon complying with procedures to establish such exemption, or b. A Residential Property consisting of three persons earning $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or c. A Residential Property which qualifies for either the Low Income Rate Assistance (URA) exemption for electrical or gas senu ces or the Lifeline exemption for telephone services. The City is autlionzed and (Erected to promulgate administrative rules and procedures for verification of eligibility for the exempuons referred to in section F. G. MANNER OF COLLECTION Special Tax as levied pursuant to Secnoin D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Adinitustrator may directly- hill the Special Tax, may collect Special Taxes at a different tune or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator H. TERM OF SFE CIAL TAX Every five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a 1^iscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity- S,plember 7,2003 7 0h1 ofPnlm Splilty Cannnpzily FOLiilt(CJ Dislna Na.2005-1 (]>iUie SafeD,Snmies) MAP OF PROPOSED BOUNDARIES OF &HM t OF1 COMMUNITY FACILITIES DISTRICT NO. 2005-1 [PUBLIC SAFETY SERVICES] ANNEXATION NO.4 CIW OF PALM SPRINGS COUNWOFAIVERBI➢E RLm u4TtE[srrE EET1=_[xrY nE�sTFna_o,LYOP STATEOFCALIFOMIA em 1 FFFBYCnRF1'iH\r1 EM YA'EHM1Ml RP]PCEF➢LCU4 Wfl2'+ cwax4ExAabR•a.[TOCUNV.MYFIGNFIEi nsiRCFNa.aoG� pU310EVFEIY aERYI.%j gFYLR F1L[YEll39,n]IMfY pF RI.EP-ilF aYAI<nFU,LLiSFiN,\YµSWPMNE➢EY IMEGTYCCI.NCL CPh£�p"i!lLVI6MLL'lfai ATAREr.JAAq YEEIW]ThIIER,NEI➢ FIST PILM G4N1'lf IXIIVE giT1E_pAY[F 'CW.HYfI3AE3-'�LVII[N N]. 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QTFNL AM1£itaLECdJNfY A43EV R3 4V3 fgiTl KREPAi:9B LEfm h£AM1'ti➢E NIIM1TY RUES" ^15 W.PS 6141Lf�J.EFJI FJP ALL[ElAlb GCflCE34l4F1Tf£ll®A4p n51643pY9 CF.RCN IPf3 GlIMf:ELR AhZ1 TRUL rnd eM a]am � v atoumce] c sto w az a E�PPANt LEGEND ANNE] MNBONNM Y w o Nf u niFinancial nra�waY..arr 1R � ASSESSME1fI NI1M33i lrwlr.��i�1 IXFyu 5 .y u n C. R109, City Council Staff Report DATE: May 16, 2007 Legislative Agenda SUBJECT: Resolution of Intent to Annex Territory to Community Facilities District for Public Safety Services (Annexation No. 4) FROM: David H. Ready, City Manager BY: Assistant City Manager— Administrative Services SUMMARY The City Council has heretofore formed a Community Facilities District (CFD) to provide a financing mechanism to sustain the delivery of public safety services to new residential developments. The initial CFD, which was formed in November 2005, consisted of eight (8) non-contiguous residential developments. Since the formation of the initial CFD, several additional residential developments have been approved by the City and are now under construction. This action would set a public hearing date for the purpose of annexing these additional residential developments into the CFD. RECOMMENDATION: 1. Accept the petition from certain property owners regarding the annexation of territory to Community Facilities District No. 2005-1 (Exhibit A — Signed Documents on File in City Clerk's Office); 2. Adopt a Resolution of Intention to authorize the annexation of territory to Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs, and to authorize the levy of a special tax therein to finance certain services (Exhibit 13); 3. Adopt a Resolution Establishing the Boundaries of the Territory proposed to be annexed to Community Facilities District No. 2005-1 (Exhibit C); 4. Set a public hearing for 6:00 p.m. on June 20, 2007 for public comment, for and against, and for the filing of written protest by any property owner regarding the annexation of territory to Community Facilities District 2005-1, and the levy of a special tax for public safety services. (If there is no "majority protest", a special landowner election will be called for immediately thereafter). Item 3 . C . City Council Staff Report May 16, 2007 -- Page 2 Public Safety Services CFD STAFF ANALYSIS: The City Council has heretofore created a Community Facilities District (CFD) to assist in the financing of police, fire and life safety services to new residential development. This type of financing program, which is authorized under the Mello-Roos Community Facilities Act of 1982, envisioned the participation of all future additional new development projects, either by formation of new districts or annexation into the existing CFD. Since the formation of the initial CFD, a number of residential developments have been approved by the City. In November 2006, the City Council approved the annexation of five (5) developments into the original CFD. Since then, several other developments have been approved by the City Council and are now ready to be annexed into the CFD. One such development is: Cottages at Smoke Tree Ranch (Tract 33878). This project consists of 49 proposed single-family residential units. The project listed above has, as a condition of project approval, a requirement to participate in the process of annexing into the CFD for public safety services. Although the City could form a separate CFD for this development, it is simpler and less costly to annex this project into the existing CFD since the Rate and Method of Apportionment established for CFD 2005-1 governs the levy of special taxes not only within the original boundaries of the CFD but, also, within all subsequent annexations. In order to commence the annexation process, the City Council must adopt a Resolution of Intention. This resolution sets forth terms and conditions for annexing territory into the CFD and includes the rate and apportionment of the special tax to be levied. The Resolution of Intention also establishes a date for a public hearing on the annexation action and for elections among the authorized electors. The hearing date, which by statute must be held within 30-60 days following the adoption of the Resolution of Intention, is scheduled for June 20, 2007. Since there are less than twelve (12 registered voters in the territory proposed to be annexed, the election will be a landowner vote. As the Council is aware, the City has imposed, as a condition of development, a requirement to participate in the process of annexing into the CFD for public safety services. Included in your materials is a Petition from each property owner initiating the annexation process. Directly prior to the Public Hearing, each property owner will return a Consent and Waiver to the City, waiving certain timing and noticing requirements related to election code, which will enable the City to expedite the annexation process by conducting the special election immediately after the June 20, 2007 Public Hearing. In addition to the Resolution of Intention, the City Council must adopt a resolution establishing the boundaries of the territory to be annexed to the CFD. This resolution, which identifies the individual developments to be annexed into the CFD, will be recorded with the County Assessor's Office upon completion of the annexation process. (D 0,�a City Council Staff Report May 16, 2007-- Page 3 Public Safety Services CFD The special tax that is currently being assessed on properties within the CFD is based upon a Fiscal Impact Analysis that was prepared by MuniFinancial in 2005. Based on this analysis, the tax rate needed to support public safety services for new development was established at $350.00 for each single-family residential unit per year and $295.00 for each multi-family residential unit per year, and is subject to an annual escalator for all subsequent fiscal years. Assuming the City does not receive a majority protest against annexation from the affected landowners at the public hearing, the City will then be able to levy the special tax on all affected parcels within the annexed area in the coming fiscal year. FISCAL IMPACT: At build-out, the project identified above will generate an additional $17,150 per year for new public safety services. ro L. Butzlafistant City Manager David H. Ready, City M r Atta ments: 1. Exhibit A -- Property Owner Petition 2. Exhibit B -- Resolution of Intention 3. Exhibit C -- Resolution Adopting Boundary Map for Territory to be Annexed t ©0fC3 PETITION Regarding Proceedings for Annexation of Territory to Community Facilities District No. 2005-1 (Public Safety Services) and Related Matters To the Honorable City Council, CITY OF PALM SPRINGS 3200 EAST TAI IQUfT7_ CANYON WAY PALM SPRINGS,CAUFORNIA 92262 Members of the COLLneil: This is a penirion to institute proceedings to annex territory, including the property identified and dcscribed in Exhibit "A", ro Comrmu iry Facilities DiSLrici No. 2005-1 (Public Safety Services) (the "District") within the City of Palm Springs and related mauers Pursuant to the Mello-Roos Coinrnunity Facilities Act of 1982, commencing wish Section 53311 of the Cailifonria Government Code of the State of Ciifonua(the"Act'),and it states as follows: 1. Petitioner. This Petition is submitted by the person (the "Petitioner') (whether one or more) identified below as or for the record owner(s) of the parcels of land identified below(the -Property). The undersigned warrants to the City of Palm Springs that the Petitioner is such owner, or is a legally author zed representative of such owner(s), and nhat such ownership constitutes ownership of more than 10% of the propentyto be annexed,described in Exhibit"A" anached hereto and more partictilarlydescribed m Section 3 herein. 2. Proceedings Requested. This Petition asks that the City Council rmdenake proceedings under the Act to annex tcrrinory to the District and to levy special taxes therein for the purpose of financing all or part of the public services (the "Services") shown in Exhibit "B" attached ]terero and made a part hereof. 3. Boundaries- This Petition asks that the territory, to be included in the boundaries of the amnexatiion, consist of that shown on a map of the proposed boundaries of Annexation No. 4 filed wish the City Clerk of the City of Palm Springs and which map is attached hereto as Exhibit "A" and hereby made a pan this Petition and which map includes the Property. 4. Special Taxes. The Petitioner agrees that it has reviewed and approves the Rate and Method of Apportionment of Special Taxcs attached hereto asExhibit "C" and made a part hereof, which Rate and Method has previously been adopted by the City Council of the City of Palm Springs to be used by the City for the levy of Special Taxes in the District and any future annexations to the District to pay for the Services. 6. Election. 'MC Petitioner asks that the special election to be held under the Act,to authorize' the special taxes and to establish any appropriations limits for Annexation No. 4, be conducted by the Ciry of Pahn Springs and its officials, using a mAcd or hand-delivered ballot and that such ballot be canvassed and . the results certified at the same meeting of tlrc City Council as the public hexing for Annexation No.4 to the District raider the Act or as soon thereafter as possible. 7. Waivers. To expedite the completion of the proceedings for Annexation No. 4 to the District, the Petitioner waives all notices of hearing and all published notices regarding the annexation of r ICE) territory of Annexation No. 4 to the District,notices of election, applicable waiting periods sunder the ALL for the holding of any public hearing and for election and all ballot arguments and analysis for the election, it being acknowledged by the Petitioner that all such notices arc for the benefit of the Petitioner and may be waived. The Petitioner agrees to timely compleLe and return a consent and waiver to be provided to Petitioner bythe City in order to expedite such proceedings. 8. Authority Warranted. The Petitioner warrants to the City that the presentation of Lhis Petition, any wavers contained herein, casting of ballots at the property owner election and other actions mandated by the City of Patin Springs to annex Annexation No. 4 to the District shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Petitioner for the Property, including my"due-on-encumbrance" clauses under any existing security instnrments secured by the Property. If requested by the City, the Petitioner agrees, at its expense, to supply to the City, current title evidence so that the City may supplyany notice and ballot required under the Act to annex Annexation No.4 to 111c District, 9. Due-Diligence and Disclosures. The Petitioner agrees to cooperate with the City, its attorneys and consultants, and provide all itnfomratiou and disclosures required by the Cityabout the Special Taxes to purchasers of the Property or arrypart of it. 1C. Agreements. The Petitioner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions Linder this Petition,including any amount of cash deposit required to pay for Lhc City's costs to annex Annexation No.4 to the DiS11icL. By executing this Petition,the Petitioner agrees to all of the above. The Property is Riverside County The Petitioner(record owner) is: .Assessor Parcel No(s): and the Property contains a total of By: acres. The address of the above for receiving any notice and ballot is: (01(DCIS EXIUBIT A BOUNDARY MAP (OMITTED- ORIGINAL ON FIVE) EXHIBIT B DESCRIPTION OF SERVICES 0(JC 3 PUBLIC SAFETY SERVICES New pokc services, fire protection and suppression services, and life safety services (the "Services") of the City of palm Springs required to sustain the scAvtce delivery capability for emergency and non-emergency services to new growth areas of die City of Palm Springs, including but not limited to, equipment, vehicles, ambulances and paramedics, fire apparatus, supplies and personnel; provided,however,that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. ���;�,� EXT-IlBIT c RATE AND METHOD OF APPORTIONMENT (OMITTED - ORIGINAL ON FILE) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) WHEREAS, the City Council of the City of Palm Springs, California, ("City Council"), at this time desires to authorize the annexation of territory to City of Palm. Springs Connnunity Facilities District No. 2005-1 (Public Safety Services) (hereafter referred to as"CFD No. 2005-1") pursuant to the terns and provisions of the"Mello-Roos Community Facilities Act of 1982",being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and, WHEREAS, CFD No. 2005-1 was forrned to finance Public Safety Services in addition to those provided in or required for the territory within the CFD No. 2005-1 and will not be replacing services already available. WHEREAS, certain territory is proposed to be annexed to CFD No. 2005-1 and such territory shall be known and designated as Community facilities District No. 2005-1 (Public Safety Services), Annexation No. 4 (hereafter referred to as "Annexation No. 4"). WHEREAS,this legislative body now desires to proceed to adopt its Resolution of Intention to annex Annexation No. Q into CFD No. 2005-1, to describe the territory included within Annexation No. 4 proposed to be annexed, to specify the services to be financed from the proceeds of the levy of special taxes within Annexation No. 4, to set and specify the special taxes that would be levied within the territory to finance such services,and to set a time and place for a public hearing relating to the annexation of Annexation No_ 4 into CFD No. 2005-1; and, WHEREAS,a map showing the boundaries o f Arnnexation No.4 proposed to be annexed has been submitted,which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings. NOW, THEREFORE, iT iS HEREBY RESOLVED DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS: SECTION I Recitals. The above recitals are all true and correct. SECTION 2 Authorization. These proceedings for annexing Annexation No. 4 into CFD No. 2005-1 are authorized and initiated by this legislative body pursuant to the authorization of the Act. SECTION 3 Intention to Annex. This legislative body hereby determines that the public convenience and necessity requires that Annexation No. 4 be added to CFD No. 2005-1 in order to pay the costs and expenses for the required and authorized new services generated from new development within the City and this City Council declares its intention to annex Annexation No.4 to CFD No, 2005-1. I SECTION 4 Boundaries. A general description of the boundaries of Annexation No. 4 proposed to be annexed is as follows: All that territory proposed to be annexed to CFD No. 2005-1, as such properly is shown on a map designated as "Map of Proposed Boundaries of Community Facilities District No. 2005-1 (Public Safety Services),Annexation No.4,"attached hereto as Exhibit "B" and hereby incorporated by reference. SECTIONS Name of District- The name of the district is "City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services)" and the designation for the territory to be annexed shall be "City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 4." SECTION 6 Services Authorized to be Financed by CFD No. 2005-1.Annexation No.4. The services that are authorized to be financed by CFD No. 2005-1 are certain services which are in addition to those provided in or required for the territory within CFD No. 2005-1 and Annexation No.4 and will not be replacing services already available. A general description ofthe services to be financed by CFD No. 2005-1 is as follows: PUBLIC SAFETY SERVICES New police services,fire protection and suppression services,and life safety services (the"Services") of the City of Palm Springs required to sustain the service delivery capability for emergency and non-emergency services to new growth areas of the City of Palm Springs, including but not limited to, equipment,vehicles, ambulances and paramedics,fire apparatus,services, supplies and personnel;provided,however,that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services_ The same types of services that are authorized to be financed by CFD No. 2005-1 are the types of services to be provided in Annexation No. 4. if and to the extent possible, such services shall be provided in common within CFD No. 2005-1 and Annexation No. 4. SECTION 7 Special Taxes. It is the further intention of this City Council body that,except where finds are otherwise available, a special tax sufficient to pay for such services to be provided in CFD No. 2005-1 and Annexation No. 4 and related incidental expenses authorized by the Act, secured by recordation of a continuing li en against all non-exempt real property in Annexation No.4, will be levied annually within the boundaries of such Annexation No_4.For further particulars as to the rate and method of apportionment of the proposed special tax,reference is made to the attached and incorporated Exhibit A(the"Rate and Metbod of Apportionment"),which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within proposed Annexation No. 4 to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied witbin Annexation No. 4 for services to be supplied within Annexation No.4 shall be equal to the special tax levied to pay for the same services in CFD 2 0()()1 3 No. 2005-1, except that a higher or lower special tax may be levied within Annexation No. 4 to the extent that the actual cost ol'providing the services in Annexation No. 4 is higher or lower than the cost of providing those services in CFD No. 2005-1. Notwithstanding the foregoing,the special tax may not be levied at a rate that is higher then the maximum special tax authorized to be levied pursuant to the Rate and Method of Apportionment. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties,procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. The maximum special tax rate in CFD No. 2005-1 shall not be increased as a result of the annexation of Annexation No. 4 to CFD No. 2005-1. SECTION 8 Public Hearing. Notice is given that on the 20th day of June,2007 at the hour of 6:00 p.m.,in the regular meeting place of the Ci Ly Council being the Council Chambers,located at 3200 Past Tahquitz Canyon Way, Palm Springs, California, 92262, a public hearing will be held where this City Council will consider the authorization for the annexation of Annexation No. 4 to CFD No. 2005-1, the proposed method and apportionment of the special tax to be levied with Annexation No. 4 and all other matters as set forth in this Resolution of intention. At such public hearing,the testimony of all interested persons for or against the annexation of Annexation No. 4 or the levying of special taxes within Annexation No. 4 will be heard. At such public hearinb, protests against the proposed annexation of Annexation No. 4, the levy of special taxes within Annexation No.4 or any other proposals contained in this resolution may be made orally by any interested person. Any protests pertailung to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which objection is made.All written protests shall be filed with the City Clerk prior to the time fixed for the public hearing. Written protests may be withdrawn at any time before the conclusion of the public hearing. SECTION 9 Majority Protest. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within CFD No_ 2005-1, (b) 50% or more of the registered voters,or six(6)registered voters,whichever is more,residing within Annexation No.4, (c) owners of one-half or more of the area of land in the territory included in Annexation No. 4, or (d) owners of one-half or more of the area of land in the territory included in Annexation No.4, file written protests against the proposed annexation of Annexation No_ 4 to CFD No. 2005-1 in the future and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date o f the decision by the City Council on the issued discussed at the public hearing. SECTION 10 Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in the legally designated newspaper of general circulation, said 3 publication pursuant to Section 6061 of the Government Code,with said publication to be completed at least seven (7) days prior to the date set for the public hearing. The foreboing Resolution No. was passed and adopted by the City Council of the City of Palm Sprinbs on the 16th day of May 2007, by the k'ollowing vote: AYES: NOES: ABSENT: ABSTAIN: David H. Ready, City Manager City of Palm Springs Attest: City Clerk, ,names Thompson City of Palm Springs 4 i CiTY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District") shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year conunencing in Fiscal Year 2006-07 in an amount cletemiined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manicr herein provided. A. DEFINITIONS The terns hereinafter set forth have the following meanings: "Acre or Acreage" rneans the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final reap, other parcel map, other condominium plan, or Functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Govennnent Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) lire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate armount of the salaries and benefits of City employees whose duties are directly related to administration of the District avid the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as determined by the City. "Annual Escalation Factor" means the greater of the increase irr the annual percentage change of the All Urban Consumers Consumer Price Index (CPT) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CPT used shall be for the area of Los Angeles-Riverside-Orange County, CA as reflected in the then-current April update. The annual CPT used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dir,ca.gov/dlsr), If the Sqptetr&r 7, 2005 1 City Palm Sprays Cmm qm>,faalitio Drtr t Na 2005-1 (Public Safety SeMO) . 004L 7 foregoing index is not available, the CFD Administrator shall select a reasonably comparable index. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map nl•' the Assessor of the County designating parcels by assessor's parcel number. "Base Year" means Fiscal Year ending June X 2007. "City" means the City of Palm Springs. "Council" means the City Council of the City of Palm Springs, acting as the legislative body of the District. "County" means the County of Riverside, California. "Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property for which a building pennit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2006 and prior to May lst preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit. "District Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "District" means Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building pennit has been issued prior to the May I" preceding the Fiscal Year in which the Special Tax is being levied. The term "Entitled Property" shall apply only to Assessors' Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor's Parcel that is Rpterdxr 7,2005 2 Gry 00alm S[n Ty C ma?ityFatlit7z Di tnaNa 2005.1 (PmUx Safely Servm) C�(C)-18 designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder. "Fiscal Year" means the period starting July l and ending on the following June 30. "Land Use Class" means any o f the classes listed in Table 1. "Lot" means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence. "Property Owner Association Property" means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the District that is, at the time of the District formatiou or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and lire protection and suppression services and life safety services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire and life safety services. Septa n�xr 7, 2005 3 Qy gt'Palm SPZ7 anma ity Paclkz DJ tna Na 2005-1 (Pr(tic S1ty Semi �l0. ',9 "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parccl of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. "Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year's Special Tax levy. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein. "Tax Exempt Property" means an Assessor's Parcel not subject to the Special Tax, Tax-Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an .Assessor's Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi- Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE I Maximum Special Tax for Developed Property Community Facilities District No. 2005-1 (Public Safety Services) Seplar i,2005 4 City OFPadmSpnr�s Con ,,ty Fauliti,Dis d Na 2005-I (PRRX Safely Se ) ( 0210 Maximum Land Use Description Special Tax Class Per Unit 1 Developed Single-Family $350 per Unit Residence 2 Developed Multi-Family $295 per Unit Residence On each July 1 lollowing the Base Year (i.e., July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special Tax Per Unit is equal to 5500 per Unit, no further Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit shall not exceed $500. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Lot 3 Entitled Property $100 per Lot No Annual Escalation Factor shall be applied to the Maximtun Special Tax Per Lot for Entitled Property. 3. Undeveloped Property Undeveloped Property will be assigned a Maximum Special Tax Rate of 5500 per acre or portion thereof, with a minimum rate of$100 for Undeveloped Property less than or equal to one-forth(1/4) of an Acre as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Sept3r 7,2005 _ 5 - QycfPalmSpnv Cnrr wazyFaalitza Di5a Na 2005-I (ndik Safely Sercia3 o Maximum Land Use Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per <1/4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre >1/4 Acre No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Parcel/Acre for Undeveloped Property, 4. Tax-Exempt Property No Special Tax shall be levied on Tax-Exempt Property. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as Follows until the arnount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single-Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property. Lastly, if the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property. E. APPEALS Any taxpayer that believes that the arnount of the Special Tax assigned to an Assessor's Pared is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator Sep 7,2005 G City of PalmSp7iny Offmm yFacdiueDi t=r Na 2005•I (PUMCSafelySc Ua27) OD22 during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the District Administrator verities that the tax should be chanted the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted. F. EXEMPTIONS I. Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special 'fax: a. A Residential Property consisting of one or two person(s) earning 515,300 or less gross income per year, upon complying with procedures to establish such exemption, or b. A Residential Property consisting of three persons earning $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or c. A Residential Properly which qualities for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Li 1'eline exemption for telephone services. The City is authorized and directed to promulgate administrative rules and procedures for verification of eligibility for the exemptions referred to in section F. G. MANNER OF COLLECTION Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator. H. TERM OF SPECIAL TAX Every five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal impact Analysis, otherwise the Special Tax shall be levied in perpetuity. Septem'xr 7,2005 7 Ci y qfPalmSpnv Cnn pza y Facdurec Disind Na 2005-I (11witc Safely Sergi) 0l)e'Tlj3 Ri J �a MAP OF PROPOSED BOUNDARIES OF een cF+ a COMMUNITY FACILITIES DISTRICT NO. 2005-1 [PUBLIC SAFETY SERVICES] ANNEXATION NO. 4 CITY OF PALIF SPRINGS COMM OF RN S'DE :1uo PI LRE OM—F cs O£Clq'E>--u mss OAr OF STATE OF CALIFORNIA sm [XEFSY CEHR11.L 1E IMN 011 I9S116 FNJFM ..I.. OF fNYE O:l M I iO CttM11YDY FAOLXfS CIOMR MAY-1 Dnv:ss-Elr$ElracES+,oTrcy:efr_u sW.I VI Er Ic£ .1 THE'D�XTATE C4 OlC..I A INIRO RO•J. OECf..UM1CIL EA P" CA11YY1 oRn'E OFNE CfIY R=PANF S�.I N:S AT R FE G1VAY EEIAO l.1 F31➢ ONIXE_DAY CR ?D.T.f[FS FESR1Frgh lA O1W % OTY pF PflA1 XPF1M1G9 FLEDSN9 YAY C£ AP,AT ME F.OYRU O CLCIX_M ME RERRV3l P10 0.YlNCl1DYF MEG]I MMG Ri PA�-IMTIE CFICE OF TXECDIH ...I.EP,CIXI.YrvCF q'IER=ICE,SfAIE CGCPL FC£NA FFE QI IMaY'.1'iFfl.PSSESSCflGCV'T'CLEXY.PSR➢=1 0 er oEgm W LiM AEQIF[ER mLNrcrF anasLc FE UNRNEI$ NUT*O 4IEM1➢9 DCUEVE I.110.-FUPCfiDY FJ.C.1D114. l.V CIXdI m 1:.4lFEIl S E DYA"E S I CEO£ 0.�P EON QV EEO E'FAR➢�IN 1HOFF OF SCE OFL IIEGEPl A41a' Q 6-FCE ON M1OVC.E9 OI91a IN ...OF R.13 GFPESEF.e'A AYD COLLV I FR.^.CJlE9 QSTFIGI3.PRC=r3Il TI.PS NSRIJVEIR Iq EDia[4Al]A IRE LNIlR V DNF ON9 CF EAQI LVFCfl PfF.CE15HJNl ON MR O3 GIR.51 .1 TN Di..iW Nl.P ICf13 l SY QM1N XI hE CIX1E.q TFIAL NPROSIDE WJ'MMSE55A311 FG YT EPRPCEL3 J1 l ER' 11 CIXNfYlSVR/J ES SLLP3EWILCAI'=iM1 ICRNLCE1hL5 COtiCERYryGTIE INEa'}lam DIIFNSd15 C£JYX COT'Ci PfF?:15 MTA FFAL .VSiR 1pp,9 60 1mixpPACELAO 1 IODRSC1 2 ICW.6E32 9 PWL] LEGEND ANNE%ARON 6Al1NaLRY S Mun9Financial O .LSSESSMElif IiIIIARER R-yD 5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) WHEREAS, the City Council of the City of Palm Springs, California, ("City Council"), formed a Community Facilities District, designated as Community Facilities District No. 2005-1 ('Public Safety Services) (hereafter referred to as CFD No. 2005-1"), pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Govermnent Code ol'the State of California (the "Act'); and WHEREAS, the City Council desires to initiate proceedings to annex certain territory to CFD No. 2005-1; and, WHERE AS, there has been submitted a map showing the territory proposed to be annexed to CFD No. 2005-1, said area to be designated as Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 4 (hereafter referred to as ".Annexation No. 4"), NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 Recitals. The above recitals are all true and correct. SECTION 2 Annexation Man. The map showing Annexation No. 4 and to be subject to the levy of a special tax by CFD No_ 2005-1 upon the annexation of such territory to CFD No. 2005-1 is hereby approved and adopted. Such map is designated by the name of"Boundary Map of Annexation No. 4 to City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services)" SECTION 3 Certificate. A certificate shall be endorsed on the original and on at least one (1) copy of the map of Annexation No. 4, evidencing the date and adoption of this Resolution, and within fifteen days after the adoption of the Resolution fixing the time and place of the Public Hearing on the intention to annex Annexation No. 4 to CFD No. 2005-1, a copy of said map shall be filed with the correct and proper endorsements thereon with County Recorder, all in the manner and form provided for Section 3111 of the Streets and Highways Code of the State California. 1 The foregoing Resolution No. was passed and adopted by the City Council of the City of Palm Springs on the 16th day of May 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: David H. Ready, City Manager City of Palm Springs Attest: City Clerk, James Thompson City of Palm Springs 2