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RecDoc 2010-108967-restated by 2011-037218
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RecDoc 2010-108967-restated by 2011-037218
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Last modified
4/4/2011 4:12:43 PM
Creation date
10/1/2010 3:16:29 PM
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Template:
Recorded Docs
Subject
Notice of Special Tax Lien
Doc Num
2010-108967
Rec Date
9/21/2010
APN
052-531-020, 030,100,110,120,070,050
Address
Community Facilities District No. 2010-1 (One Marina)
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G. APPEALS AND INTERPRETATIONS <br /> Any landowner or resident who feels that the amount of the Special Tax levied on his Assessor's <br /> Parcel is in error may submit a written appeal to the CFD Administrator. The CFD <br /> Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the <br /> Special Tax levied shall be appropriately modified through an adjustment to the Special Tax levy <br /> in the following Fiscal Year. No refunds shall be given. The CFD Administrator may interpret <br /> this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make <br /> determinations relative to the annual administration of the Special Tax and any landowner or <br /> resident appeals. <br /> H. MANNER OF N O COLLECTION <br /> The Special Tax will be collected in the same manner and at the same time as ordinary ad <br /> P az'y <br /> valorem property taxes; provided, however, that CFD No. 2010 -1 may directly bill the Special <br /> Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its <br /> financial obligations, and may covenant to foreclose and may actually foreclose on delinquent <br /> Assessor's Parcels as permitted by the Act. <br /> I. PREPAYMENT OF SPECIAL TAX <br /> Under this Rate and Method of Apportionment, an Assessor's Parcel within CFD No. 2010 -1 is <br /> permitted to prepay the Special Tax. The obligation of the Assessor's Parcel to pay the Special <br /> Tax may be fully or partially prepaid and permanently satisfied as described herein, provided that <br /> a prepayment may be made only for Assessor's Parcels of Developed Property, or for an <br /> Assessor's Parcel of Undeveloped Property for which a building permit has been issued after <br /> January 1, 2010, and only if there are no delinquent Special Taxes with respect to such <br /> Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to <br /> prepay the Special Tax obligation shall provide the CFD Administrator with written notice of <br /> intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall <br /> notify such owner of the prepayment amount for such Assessor's Parcel. The CFD <br /> Administrator may charge such owner a reasonable fee for providing this service. If there are <br /> Outstanding Bonds, prepayment must be made not less than 30 days prior to a date that notice of <br /> redemption of CFD No. 2010 -1 Bonds from the proceeds of such prepayment may be given by <br /> the Trustee pursuant to the Indenture that is specified in the report of the Special Tax Prepayment <br /> Amount (defined below). A prepayment may also be made for an Assessor's Parcel, or portion <br /> therefore, deemed to be excess Public Property and/or Property Owner Association Property, as <br /> determined pursuant to Section F herein. <br /> The following additional definitions apply to this Section I: <br /> "Buildout" means, for CFD No. 2010 -1, that all expected building permits for residential <br /> dwelling units and/or non - residential development identified in the Development Plan for CFD <br /> No. 2010 -1 have been issued, as reasonably determined by the CFD Administrator. <br /> B -15 <br /> 302108_1.doc <br />
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