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AgdaPkt 2020-11-23 Joint SA PFA
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AgdaPkt 2020-11-23 Joint SA PFA
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Last modified
12/3/2020 5:27:49 PM
Creation date
11/19/2020 6:20:52 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
11/23/2020
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7.C. - Page 28 of 54 <br />Each Fiscal Year, after the determination of the Facilities Special Tax and Services Special Tax <br />for each Seaport Centre Taxable Parcel and the Seaport Plaza Taxable Parcel, if applicable, the <br />City Manager shall prepare and distribute a Special Tax report to the owners of the Taxable <br />Parcels containing, by Assessor's parcel number, the applicable annual Facilities Special Tax <br />rate, the Facilities Special Tax, the applicable annual Services Special Tax rate, and the Services <br />Special Tax applicable to all such Taxable Parcels (the "Special Tax Report"). The City <br />Manager shall also prepare the Tax Collection Schedule for the County Auditor identifying the <br />annual Special Tax liability for each Taxable Parcel (comprised of the applicable Facilities <br />Special Tax and Services Special Tax for each such Taxable Parcel) , requesting that the Tax <br />Collection Schedule be placed on the County's secured property tax roll for the applicable Fiscal <br />Year. The Tax Collection Schedule shall be sent to the County Auditor no later than July 31 or <br />such prior date required by the County Auditor for such placement. <br />Notwithstanding the foregoing, if for any reason the Special Tax levy for a Taxable Parcel will <br />not be included on the County's secured property tax roll for the upcoming Fiscal Year, the CFD <br />may levy the Special Taxes for such Fiscal Year by means of a direct billing of the owners of the <br />Taxable Parcels. In such event, the City shall issue Special Tax invoices to the owners of the <br />Taxable Parcels which shall (i) identify the Assessor's parcel number and the applicable <br />Facilities Special Tax and Services Special Tax for such Taxable Parcel, (ii) the amounts to be <br />paid no later than December 10 and April 10 of the applicable Fiscal Year, and the penalty <br />amount if the payments are not timely made, and (iii) the statement that failure to pay either or <br />both of the Facilities Special Tax and/or Services Special Tax amounts can result in foreclosure <br />proceeding against such defaulting Taxable Parcel in accordance with Section 53356.1 of the <br />Act, which authorizes foreclosure of debt -related special taxes. <br />Failure of the City or the CFD to directly invoice the owner of a Taxable Parcel subject to the <br />levy of Special Taxes shall in no way affect the validity of or result in a waiver of the right to <br />levy such Special Tax levy. <br />The City shall make every effort to correctly assign the applicable Special Tax rates and <br />calculate the annual Special Tax liability for each Taxable Parcel and, if requested, the <br />Installment Payment Obligation Prepayment Amount for a Taxable Parcel. It shall be the burden <br />of the taxpayer to correct any errors in the determination and classification of the Parcels subject <br />to the Special Tax and their respective Special Tax and prepayment amount liabilities. <br />SECTION 6 MANNER OF COLLECTION <br />The Special Taxes shall be collected in the same manner and at the same time as ordinary ad <br />valorem property taxes, except as set forth in Section 5 hereof. <br />SECTION 7 PREPAYMENT OF FACILITIES SPECIAL TAXES <br />Subsequent to the execution and delivery of the Purchase Agreement, the owner of any Fully <br />Taxable Parcel may prepay the Facilities Special Tax to be levied against such Parcel at any time <br />before the Remaining Installment Payment Obligation has been paid in full upon providing the <br />City with written notice of intent to prepay. Within 30 days of receipt of such written notice, the <br />-11- <br />590 <br />
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