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08/09/2010 <br />ATTACHMENT 2 <br />EXHIBIT C <br />overhang, patio, enclosed patio, or similar area. The determination of Residential Floor <br />Area for an Assessor's Parcel shall be made by reference to the building permit(s) <br />issued for such Assessor's Parcel and /or to the appropriate records kept by the Building <br />Inspection Division, or other applicable City department, as reasonably determined by <br />the CFD Administrator. Such determination shall be final following the issuance of a <br />Certificate of Occupancy for the residential dwelling unit. <br />"Residential Property" means all Assessor's Parcels of Developed Property for which <br />a building permit permitting the construction thereon of one or more residential dwelling <br />units has been issued by the City, excluding Hotel Property. <br />"Special Tax" means the special tax to be levied in each Fiscal Year on each <br />Assessor's Parcel of Taxable Property within CFD No. 2010 -1 to fund the Special Tax <br />Requirement. <br />"Special Tax Requirement" means that amount required in any Fiscal Year for CFD <br />No. 2010 -1 to: (i) pay debt service on all Outstanding Bonds due in the calendar year <br />commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2010 -1 Bonds, <br />including but not limited to, credit enhancement and rebate payments on the CFD No. <br />2010 -1 Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay <br />Administrative Expenses; (iv) pay any amounts required to establish or replenish any <br />reserve funds for all Outstanding Bonds; (v) pay directly for acquisition or construction <br />of Authorized Facilities to the extent that the inclusion of such amount does not increase <br />the Special Tax levy on Undeveloped Property; (vi) pay for reasonably anticipated <br />Special Tax delinquencies based on the delinquency rate for the Special Tax levy in the <br />previous Fiscal Year; less (vii) a credit for funds available to reduce the annual Special <br />Tax, as determined by the CFD Administrator pursuant to the Indenture. <br />"State" means the State of California. <br />"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD <br />No. 2010 -1 which are not exempt from the Special Tax pursuant to law or Section F <br />herein. <br />"Trustee " means the trustee or fiscal agent under the Indenture <br />"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not <br />classified as Developed Property. <br />Please refer to additional definitions in Section D herein relating to the Buydown of <br />Outstanding Bonds, and to additional definitions in Section I herein relating to the <br />Prepayment of Special Tax. <br />B. ASSIGNMENT TO LAND USE CLASSES <br />Each Fiscal Year, all Taxable Property within CFD No. 2010 -1 shall be classified as <br />Developed Property or Undeveloped Property, and shall be subject to Special Taxes in <br />accordance with this Rate and Method of Apportionment determined pursuant to <br />Sections C and E herein. <br />#15048 <br />MUFF # 506 <br />