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leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the <br /> Act shall be taxed and classified according to its use; or (ii) encumbered by a public utility <br /> easement making impractical its use for any purpose other than that set forth in the easement. <br /> "Rate and Method of Apportionment" means this Rate and Method of Apportionment for <br /> CFD No. 2010 -1. <br /> "Residential Floor Area" means all of the square footage of living area within the perimeter of <br /> a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed <br /> patio, or similar area. The determination of Residential Floor Area for an Assessor' s Parcel shall <br /> be made by reference to the building permit(s) issued for such Assessor's Parcel and/or to the <br /> appropriate records kept by the Building Inspection Division, or other applicable City <br /> department, as reasonably determined by the CFD Administrator. Such determination shall be <br /> final following the issuance of a Certificate of Occupancy for the residential dwelling unit. <br /> "Residential Property" means all Assessor' s Parcels of Developed Property for which a <br /> building permit permitting the construction thereon of one or more residential dwelling units has <br /> been issued by the City, excluding Hotel Property. <br /> "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor' s Parcel <br /> of Taxable Property within CFD No. 2010 -1 to fund the Special Tax Requirement. <br /> "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2010- <br /> 1 to: (i) pay debt service on all Outstanding Bonds due in the calendar year commencing in such <br /> Fiscal Year; (ii) pay periodic costs on the CFD No. 2010 -1 Bonds, including but not limited to, <br /> credit enhancement and rebate payments on the CFD No. 2010 -1 Bonds due in the calendar year <br /> commencing in such Fiscal Year; (iii) pay Administrative Expenses; (iv) pay any amounts <br /> required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay directly for <br /> acquisition or construction of Authorized Facilities to the extent that the inclusion of such <br /> amount does not increase the Special Tax levy on Undeveloped Property; (vi) pay for reasonably <br /> anticipated Special Tax delinquencies based on the delinquency rate for the Special Tax levy in <br /> the previous Fiscal Year; less (vii) a credit for funds available to reduce the annual Special Tax, <br /> 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 No. <br /> 2010 -1 which are not exempt from the Special Tax pursuant to law or Section F herein. <br /> "Trustee" means the trustee or fiscal agent under the Indenture. <br /> "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as <br /> Developed Property. <br /> B -6 <br /> 302108_1.doc <br />