This page is part of your document - DO NOT DISCARD 20130143515 Q ~~~~~~ ~~!~l~~l~!~l!~~!J~~~!~~~~~ 1111 Pgy~g: Recorder's Office, Los Angeles County, California 01/29/13 AT 10:51AM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 LEADSHEET 201301290070020 00007158687 lllllllllllllll~ IIIII IIIII IIIII ~lllll~llllll 1111 Ill 004609967 SEQ: 01 . DAR - Counter (Upfront Scan) llllllllllllllllllllllll~lllllllllllllllll~lllllllllllllll~ llllllllllllllllllllllll~llllllllll lllllllllllllllllll~ lllllllll~l\11111~ llllllllllllllll~llllll\llllllll\11 ~~~~ 11111111111 THIS FORM IS NOT TO BE DUPLICATED £4419$3 RECORDING REQUESTED BY AND AFTER RECORDATION RETURN TO: City Clerk City ofLos Angeles 200 North Spring Street, Room 395 Los Angeles, California 90012 Attention: June Lagmay NOTICE OF SPECIAL TAX LIEN CITY OF LOS ANGELES COMMUNITY FACILITIES DISTRICT NO. 9 (DOWNTOWN STREETCAR) Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 53328.3 of the Mello-Roos Community Facilities Act of 1982 (the "Act"), the undersigned City Clerk of the City of Los Angeles (the "City"), State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the Council of the City, State of California. The special tax secured by this lien is authorized to be levied for the purpose of ( 1) paying the principal of and interest on bonds, the proceeds of which are being used to finance the facilities described on Exhibit A attached hereto and hereby made a part hereof, and (2) providing such facilities. The special tax is authorized to be levied within City ofLos Angeles Community Facilities District No. 9 (Downtown Streetcar) (the ''Community Facilities District") that has now been officially formed and the lien of the special tax is a continuing lien that shall secure each annual levy of the special tax and that shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Act. The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as set forth in Exhibit B hereto. Notice is further given that upon the recording of this notice in the office of the County Recorder of the County of Los Angeles, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the Community Facilities District in accordance with Section 3115.5 of the California Streets and Highways Code. The names of the owners and the assessor's tax parcel numbers of the real property included within the Community Facilities District and not exempt from the special tax are as set forth in Exhibit C attached hereto and hereby made a part hereof. OHSUSA:752818787.2 Reference is made to the boundary map of the Community Facilities District recorded at Book 193 of Maps of Assessment and Community Facilities Districts at Pages 78 through 88, in the office of the County Recorder for the County of Los Angeles, State of California, which map is now the final boundary map of the Community Facilities District. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the City Administrative Officer, Debt Management Group, 200 North Main Street, 15th Floor, Los Angeles, California 90012, (213) 473-7500. Dat£~2013 JUNE LAGMA Y, City Clerk OHSUSA:752818787.2 2 EXHIBIT A FACILITIES TO BE FINANCED The types of facilities to be financed by the Community Facilities District are facilities comprising a streetcar system providing fixed rail transit service within the boundaries of the Community Facilities District, including tracks, streetcar vehicles, streetcar stations and platforms, related sidewalk infrastructure, structural and streetscape improvements, relocation and/or installation of above and below ground utilities, utility access points, street paving, drainage, curb and gutter modifications and improvements, maintenance facilities, facilities for providing electricity to the system, including overhead wires and utility substations, and related infrastructure, traffic signalization and related systems, signage, wayfinding, lighting and landscaping related thereto, electronic and mechanical systems and programming therefor, and land, rights-of-way and easements necessary for any of such facilities. OHSUSA:752818787.2 A-1 EXHIBITB RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX OHSUSA:752818787.2 B-1 AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT FOR CITY OF LOS ANGELES COMMUNITY FACILITIES DISTRICT NO.9 (DOWNTOWN STREETCAR) A Special Tax shall be levied on all Assessor's Parcels in the City of Los Angeles Community Facilities District No. 9 (Downtown Streetcar) ('1CFD No. 9") and collected each Fiscal Year commencing in Fiscal Year 2013-2014, in an amount determined through the application ofthe Special Tax for Taxable Property as described below. All of the real property in CFD No.9, 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: "Acreage" means the number of acres within a Plot of Land 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 map, parcel map, condominium plan, or other official map. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 ofthe California Government Code. "Administrative Expenses" means, for any Fiscal Year, any actual or reasonably estimated costs directly related to the administration of CFD No. 9 in such Fiscal Year, including (in no particular priority order): • the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or a designee thereof or both); • the costs of collecting the Special Taxes (whether by the County or otherwise); • the costs of remitting the Special Taxes to the Trustee; • the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Trust Agreement payable by CFD No. 9 under the Trust Agreement; • the costs of the City or CFD No. 9 of complying with arbitrage rebate requirements; • the costs of the City or CFD No. 9 of complying with City, CFD No. 9 or obligated persons disclosure requirements associated with applicable federal and state securities laws and of the Act; • the costs of the City or CFD No. 9 associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; • the costs ofthe City or CFD No.9 related to an appeal of the Special Tax; • the costs of the City or CFD No.9 associated with the release of funds from an escrow account (to the extent not paid from other sources); • the costs of calculating the prepayment of Special Taxes (to the extent not paid or provided for pursuant to Section H), and recordings related to such prepayment and satisfaction of Special Taxes; City of Los Angeles July 27,2012 CFD No. 9 (Downtown Streetcar) Pagel • reasonable attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes; and • an allocable share of the salaries of the City staff directly related to the foregoing. "Assessor's Parcel" means a lot or parcel shown on 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 lots and parcels by Assessor's Parcel number. "Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No.9 under the Act. "Building Floor Area" means, for a Plot of Land that contains more than one Assessor's Parcel, the building square footage of each Assessor's Parcel located on such Plot of Land as indicated in the building square footage data for such Assessor's Parcel as obtained from the Assessor ofthe County, or as indicated on the building permit therefor, or other official information as determined by the CFD Administrator. "CAO" means the City Administrative Officer of the City, or his or her designee, or a City official succeeding to the duties of the City Administrative Officer. "CFD Administrator" means the CAO or designee thereof responsible for the overall administration of CFD No.9. "CFD No.9" means City of Los Angeles Community Facilities District No. 9 (Downtown Streetcar). "City" means the City of Los Angeles, and any successor thereto. "Commencement Year" means the first Fiscal Year after all ofthe conditions described in Section B below have been met. "Condominium" means an Assessor's Parcel of property that meets the statutory definition of a condominium contained in California Civil Code Section 13 51. "Council" means the Council ofthe City, acting as the legislative body ofCFD No.9. "County" means the County of Los Angeles, and any successor thereto. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Initial Public Property" means any property within the boundaries ofCFD No.9 that, at the time of formation of CFD No. 9, was owned by a public agency including the federal government, the State, the County, the City, or any other local government and that has not City of Los Angeles July 27, 2012 CFD No.